{"text": "Page 1 of 179 THE PAKISTAN PENAL CODE CONTENTS CHAPTER I INTRODUCTION 1. Title and extent of operation of the Code 2. Punishment of offences committed within Pakistan 3. Punishment of offences committed beyond, but which by law may be tried within, Pakistan 4. Extension of Code to extra\u00adterritorial offences 5. Certain laws not to be affected by this Act CHAPTER II GENERAL EXPLANATIONS 6. Definitions in the Code to be understood subject to exceptions 7. Sense of expression once explained 8. Gender 9. Number 10. \"Man\" \"Woman\" 11. \"Person\" 12. \"Public\" 13. [Omitted] 14. \"Servant of the State\" 15. [Repealed] Page 2 of 179 16. [Repealed] 17. \"Government\" 18. [Repealed] 19. \"Judge\" 20. \"Court of Justice\" 21. \"Public servant\" 22. \"Moveable property\" 23. \"Wrongful gain\" \"Wrongful loss\" Gaining wrongfully. Losing wrongfully 24. \"Dishonestly\" 25. \"Fraudulently\" 26. \"Reason to believe\" 27. Property in possession of wife, clerk or servant 28. \"Counterfeit\" 29. \"Document\" 30. \"Valuable security\" 31. \"A will\" 32. Words referring to acts include illegal omissions 33. \"Act\" \"Omission\" 34. Acts done by several persons in furtherance of common intention 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention 36. Effect caused partly by act and partly by omission 37. Co\u00adoperation by doing one of several acts constituting an offence 38. Persons concerned in criminal act may be guilty of different offences 39. \"Voluntarily\" 40. \"Offence\" Page 3 of 179 41. \"Special law\" 42. \"Local law\" 43. \"Illegal\" \"Legally", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c0"}}
{"text": "criminal act may be guilty of different offences 39. \"Voluntarily\" 40. \"Offence\" Page 3 of 179 41. \"Special law\" 42. \"Local law\" 43. \"Illegal\" \"Legally bound, to do\" 44. \"Injury\" 45. \"Life\" 46. \"Death\" 47. \"Animal\" 48. \"Vessel\" 49. \"Year\" \"Month\" 50. \"Section\" 51. \"Oath\" 52. \"Good faith\" 52A. \"Harbour\" CHAPTER III OF PUNISHMENTS 53. Punishments 54. Commutation of sentence of death 55. Commutation of sentence of imprisonment for life 55A. Saving for President prerogative 56. [Repealed] 57. Fractions of terms of punishment 58. [Omitted] 59. [Omitted] 60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple 61. [Repealed] 62. [Repealed] 63. Amount of fine Page 4 of 179 64. Sentence of imprisonment for non\u00adpayment of fine 65. Limit to imprisonment for non\u00adpayment of fine, when imprisonment and fine awardable 66. Description of imprisonment for non\u00adpayment of fine 67. Imprisonment for non\u00adpayment of fine, when offence punishable with fine only 68. Imprisonment to terminate on payment of fine 69. Termination of imprisonment on payment of proportional part of fine 70. Fine leviable within six years, or during imprisonment. Death not to discharge pr operty from liability 71. Limit of punishment of offence made up of several offences 72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which 73. Solitary confinement 74. Limit of solitary confinement 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction CHAPTER IV GENERAL EXCEPTIONS 76. Act", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c1"}}
{"text": "Limit of solitary confinement 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction CHAPTER IV GENERAL EXCEPTIONS 76. Act done by a person bound, or by mistake of fact believing himself bound, by law 77. Act of Judge when acting judicially 78. Act done pursuant to the judgment or order of Court 79. Act done by a person justified, or by mistake of fact believing himself justified, by law 80. Accident in doing a lawful act 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm 82. Act of a child under ten years of age 83. Act of a child above ten and under fourteen of immature understanding 84. Act of a person of unsound mind 85. Act of a person incapable of judgment by reason of intoxication caused against his will 86. Offence requiring a particular intent or knowledge committed by one who is intoxicated 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent Page 5 of 179 88. Act not intended to cause death, done by consent in good faith for person's benefit 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian 90. Consent known to be given under fear or misconception Consent of insane person Consent of child 91. Exclusion of acts which are offences independently of harm caused 92. Act done in good", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c2"}}
{"text": "or misconception Consent of insane person Consent of child 91. Exclusion of acts which are offences independently of harm caused 92. Act done in good faith for benefit of a person without consent 93. Communication made in good faith 94. Act to which a person is compelled by threats 95. Act causing slight harm Of the Right of Private Defence 96. Things done in private defence 97. Right of private defence of the body and of property 98. Right of private defence against the act of a person of unsound mind, etc 99. Acts against which there is no right of private defence Extent to which the right may be exercised. 100. When the right of private defence of the body extends to causing death 101. When such right extends to causing any harm other than death 102. Commencement and continuance of the right of private defence of the body 103. When the right of private defence of property extends to causing death 104. When such right extends to causing any harm other than death 105. Commencement and continuance of the right of private defence of property 106. Right of private defence against deadly assault when there is risk of harm to innocent person Page 6 of 179 CHAPTER V OF ABETMENT 107. Abetment of a thing 108. Abettor 108A. Abetment in Pakistan of offences outside it 109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment 110.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c3"}}
{"text": "outside it 109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment 110. Punishment of abetment if person abetted does act with different intention from that of abettor 111. Liability of abettor when one act abetted and different act done Proviso 112. Abettor when liable to cumulative punishment for act abetted and for act done 113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor 114. Abettor present when offence is committed 115. Abetment of offence punishable with death or imprisonment for life__if offence not committed\u037e if act causing harm be done in consequence 116. Abetment of offence punishable with imprisonment__if offence be not committed\u037e if abettor or person abetted be a public servant whose duty it is to prevent offence 117. Abetting commission of offence by the public or by more than ten persons 118. Concealing design to commit offence punishable with death or imprisonment for life__ if offence be committed\u037e if offence be not committed 119. Public servant concealing design to commit offence which it is his duty to prevent__ if offence be committed\u037e if offence be punishable with death, etc\u037e if offence be not committed 120. Concealing design to commit offence punishable with imprisonment__ if offence be committed\u037e if offence be not committed CHAPTER VA CRIMINAL CONSPIRACY 120A. Definition of criminal conspiracy 120B. Punishment of criminal conspiracy Page 7 of 179 CHAPTER VI OF OFFENCES AGAINST", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c4"}}
{"text": "not committed CHAPTER VA CRIMINAL CONSPIRACY 120A. Definition of criminal conspiracy 120B. Punishment of criminal conspiracy Page 7 of 179 CHAPTER VI OF OFFENCES AGAINST THE STATE 121. Waging or attempting to wage war or abetting waging of war against Pakistan 121A. Conspiracy to commit offences punishable by section 121 122. Collecting arms, etc., with intention of waging war against Pakistan 123. Concealing with intent to facilitate design to wage war 123A. Condemnation of the creation of the State, and advocacy of abolition of its sovereignty 123B. Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, etc 124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power 124A. Sedition 125. Waging war against any Power in alliance with Pakistan 126. Committing depredation on territories of Power at peace with Pakistan 127. Receiving property taken by war or depredation mentioned in sections 125 and 126 128. Public servant voluntarily allowing prisoner of State or war to escape 129. Public servant negligently suffering such prisoner to escape 130. Aiding escape of, rescuing or harbouring such prisoner CHAPTER VII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty 132. Abetment of mutiny, if mutiny is committed in consequence thereof 133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office 134. Abetment of such assault, if the assault is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "121", "domain": "general", "chunk_id": "Pakistan Penal Code_c5"}}
{"text": "assault by soldier, sailor or airman on his superior officer, when in execution of his office 134. Abetment of such assault, if the assault is committed 135. Abetment of desertion of soldier, sailor or airman 136. Harbouring deserter 137. Deserter concealed on board merchant vessel through negligence of master 138. Abetment of act of insubordination by soldier, sailor or airman Page 8 of 179 138A. [Repealed] 139. Persons subject to certain Acts 140. Wearing garb or carrying token used by soldier, sailor or airman CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 141. Unlawful assembly 142. Being member of unlawful assembly 143. Punishment 144. Joining unlawful assembly, armed with deadly weapon 145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse 146. Rioting 147. Punishment for rioting 148. Rioting, armed with deadly weapon 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object 150. Hiring, or conniving at hiring, or persons to join unlawful assembly 151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse 152. Assaulting or obstructing public servant when suppressing riot, etc 153. Want only giving provocation with intent to cause riot__ if rioting be committed\u037e if not committed 153A. Promoting enmity between different groups, etc 153B. Inducing students, etc., to take part in political activity 154. Owner or occupier of land on which an unlawful assembly is held 155. Liability of person for whose benefit riot is committed", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c6"}}
{"text": "political activity 154. Owner or occupier of land on which an unlawful assembly is held 155. Liability of person for whose benefit riot is committed 156. Liability of agent of owner or occupier for whose benefit riot is committed 157. Harbouring persons hired for an unlawful assembly 158. Being hired to take part in an unlawful assembly or riot\u037e or to go armed Page 9 of 179 159. Affray 160. Punishment for committing affray CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 161. Public servant taking gratification other than legal remuneration in respect of an official act 162. Taking gratification, in order, by corrupt or illegal means to influence public servant 163. Taking gratification, for exercise of personal influence with public servant 164. Punishment for abetment by public servant of offences defined in section 162 or 163 165. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant 165A. Punishment for abetment of offences defined in sections 161 and 165 165B. Certain abettors excepted 166. Public servant disobeying law, with intent to cause injury to any person 167. Public servant framing an incorrect document with intent to cause injury 168. Public servant unlawfully engaging in trade 169. Public servant unlawfully buying or bidding for property 170. Personating a public servant 171. Wearing garb or carrying token used by public servant with fraudulent intent CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS 171A. \"Candidates\" \"Electoral right\" defined 171B. Bribery 171C. Undue", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "162", "domain": "general", "chunk_id": "Pakistan Penal Code_c7"}}
{"text": "carrying token used by public servant with fraudulent intent CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS 171A. \"Candidates\" \"Electoral right\" defined 171B. Bribery 171C. Undue influence at elections 171D. Personation at elections 171E. Punishment for bribery 171F. Punishment for undue influence or personation at an election 171G. False statement in connection with an election 171H. Illegal payments in connection with an election Page 10 of 179 171I. Failure to keep election accounts 171J. Inducing any person not to participate in any election or referendum, etc CHAPTER X OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 172. Absconding to avoid service of summons or other proceeding 173. Preventing service of summons or other proceeding, or preventing publication thereof 174. Non\u00adattendance in obedience to an order from public servant 175. Omission to produce document to public servant by person legally bound to produce it 176. Omission to give notice or information to public servant by person legally bound to give it 177. Furnishing false information 178. Refusing oath or affirmation when duly required by public servant to make it 179. Refusing to answer public servant authorised to question 180. Refusing to sign statement 181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation 182. False information with intent to cause public servant to use his lawful pow er to the injury of another person 183. Resistance to the taking of property by the lawful authority of a public servant 184. Obstructing sale", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c8"}}
{"text": "er to the injury of another person 183. Resistance to the taking of property by the lawful authority of a public servant 184. Obstructing sale of property offered for sale by authority of public servant 185. Illegal Purchase or bid for property offered for sale by authority of public servant 186. Obstructing public servant in discharge of public functions 187. Omission to assist public servant when bound by law to give assistance 188. Disobedience to order duly promulgated by public servant 189. Threat of injury to public servant 190. Threat of injury to induce person to refrain from applying for protection to public servant CHAPTER XI OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 191. Giving false evidence 192. Fabricating false evidence Page 11 of 179 193. Punishment for false evidence 194. Giving or fabricating false evidence with intent to procure conviction of capital offence\u037e if innocent person be thereby convicted and executed 195. Giving or fabricating false evidence with intent to procure conviction of offe nce punishable with imprisonment for life or for a term of seven years or upwards 196. Using evidence known to be false 197. Issuing or signing false certificate 198. Using as true a certificate known to be false 199. False statement made in declaration which is by law receivable as evidence 200. Using as true such declaration knowing it to be false 201. Causing disappearance of evidence of offence, or giving false information to screen offender__ if a capital offence; if punishable with imprisonment", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c9"}}
{"text": "to be false 201. Causing disappearance of evidence of offence, or giving false information to screen offender__ if a capital offence; if punishable with imprisonment for life\u037e if punishable with less than ten years imprisonment 202. Intentional omission to give information of offence by person bound to inform 203. Giving false information respecting an offence committed 204. Destruction of document to prevent its production as evidence 205. False personation for purpose of act or proceeding in suit or prosecution 206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution 207. Fraudulent claim to property to prevent its seizure as forfeited or in execution 208. Fraudulently suffering decree for sum not due 209. Dishonestly making false claim in Court 210. Fraudulently obtaining decree for sum not due 211. False charge of offence made with intent to injure 212. Harbouring offender__ if a capital offence\u037e if punishable with imprisonment for life, or with imprisonment 213. Taking gift, etc., to screen an offender from punishment__ if a capital offence\u037e if punishable with imprisonment for life, or with imprisonment Page 12 of 179 214. Offering gift or restoration of property in consideration of screening offender__ if a capital offence\u037e if punishable with imprisonment for life, or with imprisonment 215. Taking gift to help to recover stolen property, etc 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered__ if a capital offence\u037e if punishable with imprisonment for life, or with imprisonment 216A. Penalty for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c10"}}
{"text": "escaped from custody or whose apprehension has been ordered__ if a capital offence\u037e if punishable with imprisonment for life, or with imprisonment 216A. Penalty for harbouring robbers or dacoits 216B. [Omitted] 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law 221. Intentional omission to apprehend on the part of public servant bound to apprehend 222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed 223. Escape from confinement or custody negligently suffered by public servant 224. Resistance or obstruction by a person to his lawful apprehension 225. Resistance or obstruction to lawful apprehension of another person 225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for 225B. Resistance or obstruction to lawful apprehension, or escape or rescue in ca ses not otherwise provided for 226. [Omitted] 227. Violation of condition of remission of punishment 228. Intentional insult or interruption to public servant sitting in judicial proceeding 229 Personation of a juror or assessor Page 13 of 179 CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS 230. \"Coin\" defined. Pakistan", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c11"}}
{"text": "229 Personation of a juror or assessor Page 13 of 179 CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS 230. \"Coin\" defined. Pakistan coin 231. Counterfeiting coin 232. Counterfeiting Pakistan coin 233. Making or selling instrument for counterfeiting coin 234. Making or selling instrument for counterfeiting Pakistan coin 235. Possession of instrument or material for the purpose of using the same for counterfeiting coin\u037e if Pakistan coin 236. Abetting in Pakistan the counterfeiting out of Pakistan of coin 237. Import or export of counterfeits coin 238. Import or export of counterfeits of Pakistan coin 239. Delivery of coin, possessed with knowledge that it is counterfeit 240. Delivery of Pakistan coin possessed with knowledge that it is counterfeit 241. Delivery of coin as genuine, which, when first possessed, the delivere r did not know to be counterfeit 242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof 243. Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed thereof 244. Person employed in mint causing coin to be of different weight or composition from that fixed by law 245. Unlawfully taking coining instrument from mint 246. Fraudulently or dishonestly diminishing weight or altering composition of coin 247. Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin 248. Altering appearance of coin with intent that it shall pass as coin of different description 249. Altering appearance of Pakistan coin with intent that it shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c12"}}
{"text": "appearance of coin with intent that it shall pass as coin of different description 249. Altering appearance of Pakistan coin with intent that it shall pass as coin of different description 250. Delivery of coin, possessed with knowledge that it is altered 251. Delivery of Pakistan coin possessed with knowledge that it is altered Page 14 of 179 252. Possession of coin by person who knew it to be altered when he became possessed thereof 253. Possession of Pakistan coin by person who knew it to be altered when he became possessed thereof 254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered 255. Counterfeiting Government stamp 256. Having possession of instrument or material for counterfeiting Government stamp 257. Making or selling instrument for counterfeiting Government stamp 258. Sale of counterfeit Government stamp 259. Having possession of counterfeit Government stamp 260. Using as genuine a Government stamp known to be counterfeit 261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government 262. Using Government stamp known to have been before used 263. Erasure of mark denoting that stamp has been used 263A. Prohibition of fictitious stamps CHAPTER XIII OF OFFENCES RELATING TO WEIGHTS AND MEASURES 264. Fraudulent use of false instrument for weighing 265. Fraudulent use of false weight or measure 266. Being in possession of false weight or measure 267. Making or selling false weight or measure", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c13"}}
{"text": "265. Fraudulent use of false weight or measure 266. Being in possession of false weight or measure 267. Making or selling false weight or measure CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. 268. Public nuisance 269. Negligent act likely to spread infection of disease dangerous to life 270. Malignant act likely to spread infection of disease dangerous to life 271. Disobedience to quarantine rule 272. Adulteration of food or drink intended for sale Page 15 of 179 273. Sale of noxious food or drink 274. Adulteration of drugs 275. Sale of adulterated drugs 276. Sale of drug as a different drug or preparation 277. Fouling water of public spring or reservoir 278. Making atmosphere noxious to health 279. Rash driving or riding on a public way 280. Rash navigation of vessel 281. Exhibition of false light, mark or buoy 282. Conveying person by water for hire in unsafe or overloaded vessel 283. Danger or obstruction in public way or line of navigation 284. Negligent conduct with respect to poisonous substance 285. Negligent conduct with respect to fire or combustible matter 286. Negligent conduct with respect to explosive substance 287. Negligent conduct with respect to machinery 288. Negligent conduct with respect to pulling down or repairing buildings 289. Negligent conduct with respect to animal 290. Punishment for public nuisance in cases not otherwise provided for 291. Continuance of nuisance after injunction to discontinue 292. Sale, etc., of obscene books, etc 292A. Exposure to seduction [omitted]", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c14"}}
{"text": "cases not otherwise provided for 291. Continuance of nuisance after injunction to discontinue 292. Sale, etc., of obscene books, etc 292A. Exposure to seduction [omitted] 292B. Child pornography [omitted] 292C. Punishment for child pornography 293. Sale, etc., of obscene objects to young person 294. Obscene acts and songs 294A. Keeping lottery office 294B. Offering of prize in connection with trade, etc Page 16 of 179 CHAPTER XV OF OFFENCES RELATING TO RELIGION 295. Injuring or defiling place of worship, with intent to insult the religion of any class 295A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs 295B. Defiling, etc., of copy of Holy Quran 295C. Use of derogatory remarks, etc., in respect of the Holy Prophet 296. Disturbing religious assembly 297. Trespassing on burial places, etc 298. Uttering words, etc. with deliberate intent to wound religious feelings 298A. Use of derogatory remarks, etc., in respect of holy personages 298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places 298C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY Of Offences affecting Life 299. Definitions 300. Qatl\u00adi\u00adamd 301. Causing death of person other than the person whose death was intended 302. Punishment of qatl\u00adi\u00adamd 303. Qatl committed under ikrah\u00adi\u00adtam or ikrah\u00adi\u00adnaqis 304. Proof of qatl\u00adi\u00adamd liable to qisas, etc 305. Wali 306. Qatl\u00adi\u00adamd not liable to qisas 307. Cases in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c15"}}
{"text": "Qatl committed under ikrah\u00adi\u00adtam or ikrah\u00adi\u00adnaqis 304. Proof of qatl\u00adi\u00adamd liable to qisas, etc 305. Wali 306. Qatl\u00adi\u00adamd not liable to qisas 307. Cases in which qisas for qatl\u00adi\u00adamd shall not be enforced 308. Punishment in qatl\u00adi\u00adamd not liable to qisas, etc 309. Waiver (Afw) (\u0639\u0641\u0648) of qisas in qatl\u00adi\u00adamd 310. Compounding of qisas (Sulh) (\u0635\u0644\u062d )in qatl\u00adi\u00adamd 310A. Punishment for giving a female in marriage or otherwise in badla\u00ade\u00adsulh, wanni or swara Page 17 of 179 311. Ta'zir after waiver or compounding of right of qisas in qatl\u00adi\u00adamd 312. Qatl\u00adi\u00ad'amd after waiver or compounding of qisas 313. Right of qisas in qatl\u00adi\u00adamd 314. Execution of qisas in qatl\u00adi\u00adamd 315. Qatl shibh\u00adi\u00ad'amd 316. Punishment for qatl shibh\u00adi\u00adamd 317. Person committing qatl debarred from succession 318. Qatl\u00adi\u00adkhata 319. Punishment for qatl\u00adi\u00adkhata 320. Punishment for qatl\u00adi\u00adkhata by rash or negligent driving 321. Qatl\u00adbis\u00adsabab 322. Punishment for qatl\u00adbis\u00adsabab 323. Value of diyat 324. Attempt to commit qatl\u00adi\u00adamd 325. Attempt to commit suicide [omitted] 326. Thug 327. Punishment 328. Exposure and abandonment of child under twelve years by parent or person having care of it 328A. Cruelty to a child 329. Concealment of birth by secret disposal of dead body 330. Disbursement of diyat 331. Payment of diyat 332. Hurt 333. Itlaf\u00adi\u00adudw 334. Punishment for itlaf\u00adi\u00adudw 335. Itlaf\u00adi\u00adsalahiyyat\u00adi\u00adudw 336. Punishment for itlaf\u00adi\u00adsalahiyyat\u00adi\u00adudw Page 18 of 179 336A. Hurt caused by corrosive substance 336B. Punishment for hurt by corrosive substance 337. Shajjah 337A. Punishment of shajjah 337B. Jurh 337C. Jaifah 337D. Punishment for jaifah 337E.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c16"}}
{"text": "by corrosive substance 336B. Punishment for hurt by corrosive substance 337. Shajjah 337A. Punishment of shajjah 337B. Jurh 337C. Jaifah 337D. Punishment for jaifah 337E. Ghayr\u00adjaifah 337F. Punishment of ghayr\u00adjaifah 337G. Punishment for hurt by rash or negligent driving 337H. Punishment for hurt by rash or negligent act 337I. Punishment for causing hurt by mistake (khata) 337J. Causing hurt by means of a poison 337K. Causing hurt to extort confession, or to compel restoration of property 337L. Punishment for other hurt 337M. Hurt not liable to qisas 337N. Cases in which qisas for hurt shall not be enforced 337O. Wali in case of hurt 337P. Execution of qisas for hurt 337Q. Arsh for single organs 337R. Arsh for organs in pairs 337S. Arsh for organs in quadruplicate 337T. Arsh for fingers 337U. Arsh for teeth 337V. Arsh for hair 337W. Merger of arsh 337X. Payment of arsh Page 19 of 179 337Y. Value of daman 337Z Disbursement of arsh or daman 338. Isqat\u00adi\u00adHaml (\u0627\u0633\u0642\u0627\u0637 \u062d\u0645\u0644) 338A. Punishment for Isqat\u00adi\u00adhaml 338B. Isqat\u00adi\u00adJanin (\u0627\u0633\u0642\u0627\u0637 \u062c\u0646\u06cc\u0646) 338C. Punishment for Isqat\u00adi\u00adjanin 338D. Confirmation of sentence of death by way of qisas or tazir, etc 338E. Waiver or compounding of offences 338F. Interpretation 338G. Rules 338H. Saving CHAPTER XVI A OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT 339. Wrongful restraint 340. Wrongful confinement 341. Punishment for wrongful restraint 342. Punishment for wrongful confinement 343. Wrongful confinement for three or more days 344. Wrongful confinement for ten or more days 345. Wrongful confinement of person for whose", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c17"}}
{"text": "wrongful confinement 343. Wrongful confinement for three or more days 344. Wrongful confinement for ten or more days 345. Wrongful confinement of person for whose liberation writ has been issued 346. Wrongful confinement in secret 347. Wrongful confinement to extort property or constrain to illegal act 348. Wrongful confinement to extort confession, or compel restoration of property Of Criminal Force and Assault 349. Force 350. Criminal force 351. Assault 352. Punishment for assault or criminal force otherwise than on grave provocation Page 20 of 179 353. Assault or criminal force to deter public servant from discharge of his duty 354. Assault or criminal force to woman with intent to outrage her modesty 354A. Assault or use of criminal force to woman and stripping her of her clothes 355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation 356. Assault or criminal force in attempt to commit theft of property carried by a person 357. Assault or criminal force in attempt wrongfully to confine a person 358. Assault or criminal force on grave provocation Of Kidnapping, Abduction, Slavery and Forced Labour 359. Kidnapping 360. Kidnapping from Pakistan 361. Kidnapping from lawful guardianship 362. Abduction 363. Punishments for kidnapping 364. Kidnapping or abducting in order to murder 364A. Kidnapping or abducting a person under the age of fourteen 365. Kidnapping or abducting with intent secretly and wrongfully to confine person 365 A. Kidnapping or abducting for extorting property, valuable security, etc 365B. Kidnapping, abducting or inducing woman", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c18"}}
{"text": "with intent secretly and wrongfully to confine person 365 A. Kidnapping or abducting for extorting property, valuable security, etc 365B. Kidnapping, abducting or inducing woman to compel for marriage etc 366. [Repealed] 366A. Procuration of minor girl 366B. Importation of girl from foreign country 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc 367A. Kidnapping or abducting in order to subject person to unnatural lust 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person 369. Kidnapping or abducting child under ten years with intent to steal from its persons 369A. Trafficking of human beings [omitted] 370. Buying or disposing of any person as a slave Page 21 of 179 371. Habitual dealing in slaves 371A. Selling person for purposes of prostitution, etc 371B. Buying person for purposes of prostitution, etc 372. [Repealed] 373. [Repealed] 374. Unlawful compulsory labour Of Rape 375. Rape 375A. Gang rape 376. Punishment for rape 376A. Disclosure of identity of victim of rape, etc 376B. Exceptional first offenders or repeat offenders [omitted] Of Unnatural Offences 377. Unnatural offences 377A. Sexual abuse 377B. Punishment CHAPTER XVII OF OFFENCES AGAINST PROPERTY Of Theft 378. Theft 379. Punishment for theft 380. Theft in dwelling house, etc 381. Theft by clerk or servant of property in possession of master 381A. Theft of a car or other motor vehicles 382. Theft after preparation made for ca using death hurt or restraint in order to the committing of the theft Of Extortion Page 22 of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c19"}}
{"text": "382. Theft after preparation made for ca using death hurt or restraint in order to the committing of the theft Of Extortion Page 22 of 179 383. Extortion 384. Punishment for extortion 385. Putting person in fear of injury in order to commit extortion 386. Extortion by putting a person in fear of death or grievous hurt 387. Putting person in fear of death or of grievous hurt, in order to commit extortion 388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life etc 389. Putting person in fear of accusation of offence, in order to commit extortion Of Robbery and Dacoity 390. Robbery When theft is robbery When extortion is robbery 391. Dacoity 392. Punishment for robbery 393. Attempt to commit robbery 394. Voluntarily causing hurt in committing robbery 395. Punishment for dacoity 396. Dacoity with murder 397. Robbery or dacoity with attempt to cause death or grievous hurt 398. Attempt to commit robbery or dacoity when armed with deadly weapon 399. Making preparation to commit dacoity 400. Punishment for belonging to gang of dacoits 401. Punishment for belonging to gang of thieves 402. Assembling for purpose of committing dacoity Of Hijacking 402A. Hijacking 402B. Punishment for hijacking 402C. Punishment for harbouring hijacker, etc Page 23 of 179 Of Criminal Misappropriation of Property 403. Dishonest misappropriation of property 404. Dishonest misappropriation of property possessed by deceased person at the time of his death Of Criminal Breach of Trust 405. Criminal breach of trust", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c20"}}
{"text": "404. Dishonest misappropriation of property possessed by deceased person at the time of his death Of Criminal Breach of Trust 405. Criminal breach of trust 406. Punishment for criminal breach of trust 407. Criminal breach of trust by carrier, etc 408. Criminal breach of trust by clerk or servant 409. Criminal breach of trust by public servant, or by banker, merchant or agent Of the Receiving of Stolen Property 410. Stolen property 411. Dishonestly receiving stolen property 412. Dishonestly receiving property stolen in the commission of a decoity 413. Habitually dealing in stolen property 414. Assisting in concealment of stolen property Of Cheating 415. Cheating 416. Cheating by personation 417. Punishment for cheating 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect 419. Punishment for cheating by personation 420. Cheating and dishonestly inducing delivery of property Of Fraudulent Deeds and Dispositions of Property 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors 422. Dishonestly or fraudulently preventing debt being available for creditors 423. Dishonest or fraudulent execution of deed of transfer cont aining false statement of Page 24 of 179 consideration 424. Dishonest or fraudulent removal or concealment of property Of Mischief 425. Mischief 426. Punishment for mischief 427. Mischief causing damage to the amount of fifty rupees 428. Mischief by killing or maiming animal of the value of ten rupees 429. Mischief by killing or maiming cattle, etc., of any value or any animal of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c21"}}
{"text": "killing or maiming animal of the value of ten rupees 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees 430. Mischief by injury to works of irrigation or by wrongfully diverting water 431. Mischief by injury to public road, bridge, river, or channel 432. Mischief by causing inundation or obstruction to public drainage attended with damage 433. Mischief by destroying, moving or rendering less useful a light\u00adhouse or sea\u00ad mark 434. Mischief by destroying or moving etc., a landmark fixed by public authority 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees 436. Mischief by fire or explosive substance with intent to destroy house, etc 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden 438. Punishment for the mischief described in section 437 committed by fire or explosive substance 439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc 440 Mischief committed after preparation made causing death or hurt Of Criminal Trespass 441. Criminal trespass 442. House\u00adtrespass 443. Lurking house\u00adtrespass 444. Lurking house\u00adtrespass by night 445. House\u00adbreaking 446. House\u00adbreaking by night Page 25 of 179 447. Punishment for criminal trespass 448. Punishment for house\u00adtrespass 449. House\u00adtrespass in order to commit offence punishable with death 450. House\u00adtrespass in order to commit offence punishable with imprisonment for life 451. House\u00adtrespass in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "437", "domain": "general", "chunk_id": "Pakistan Penal Code_c22"}}
{"text": "449. House\u00adtrespass in order to commit offence punishable with death 450. House\u00adtrespass in order to commit offence punishable with imprisonment for life 451. House\u00adtrespass in order to commit offence punishable with imprisonment 452. House\u00adtrespass after preparation for hurt, assault or wrongful restraint 453. Punishment for lurking house\u00adtrespass or house breaking 454. Lurking house\u00adtrespass or house\u00adbr eaking in order to commit offence punishable with imprisonment 455. Lurking house\u00adtrespass or house\u00adbreaking after preparation for hurt, assault or wrongful restraint 456. Punishment for lurking house\u00adtrespass or house breaking by night 457. Lurking house\u00adtrespass or house\u00adbreaking by night in order to commit offence punishable with imprisonment 458. Lurking house\u00adtrespass or house\u00adbreaking by night after preparation for hurt, assault or wrongful restraint 459. Hurt caused whilst committing lurking house\u00adtrespass or house\u00adbreaking 460. Persons jointly concerned in lurking house\u00adtrespass or house\u00adbreaking by night punishable for qatl or hurt caused by one of them 461. Dishonestly breaking open receptacle containing property 462. Punishment for same offence when committed by person entrusted with custody CHAPTER XVII A OF OFFENCES RELATING TO OIL AND GAS ETC 462A. Definition 462B. Tampering with petroleum pipelines, etc 462C. Tampering with auxiliary or distribution pipelines of petroleum 462D. Tampering with gas meter by domestic consumer, etc 462E. Tampering with gas meter by Industrial or commercial consumer, etc 462F. Damaging or destructing the transmission or transportation lines, etc CHAPTER XVII B Page 26 of 179 OF OFFENCES RELATING TO ELECTRICITY 462G. Definitions 462H. Abstraction or tampering etc. with transmission 462I. Abstraction or tampering etc.,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c23"}}
{"text": "XVII B Page 26 of 179 OF OFFENCES RELATING TO ELECTRICITY 462G. Definitions 462H. Abstraction or tampering etc. with transmission 462I. Abstraction or tampering etc., with distribution or auxiliary 462J. Interference, improper use or tampering with electric meter by domestic consumer, etc 462K. Interference, improper use of tampering with electric meter by industrial or commercial, etc 462L. Interference, improper use or tempering with electric meter by agricultural consumer, etc 462M. Damaging or destroying or destructing the transmission lines, distribution lines, electric meter etc 362N. Recovery of outstanding amounts from persons involved in section 462H to 462M offences 462O. Cognizance 462P. Overriding effect CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS 463. Forgery 464. Making a false document 465. Punishment for forgery 466. Forgery of record of Court or of public register, etc 467. Forgery for valuable security, will, etc 468. Forgery for purpose of cheating 469. Forgery for purpose of harming reputation 470. Forged document 471. Using as genuine a forged document 472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467 473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise 474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine 475. Counterfeiting device or mark used for authenticating documents described in section 467, or Page 27 of 179 possessing counterfeit marked material 476. Counterfeiting device or mark used for authenticating,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "462H", "domain": "general", "chunk_id": "Pakistan Penal Code_c24"}}
{"text": "used for authenticating documents described in section 467, or Page 27 of 179 possessing counterfeit marked material 476. Counterfeiting device or mark used for authenticating, documents other than those described in section 467, or possessing counterfeit marked material 477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security 477A. Falsification of accounts Of Trade, Property and Other Marks 478. Trade mark 479. Property mark 480. Using a false trade mark 481. Using a false property mark 482. Punishment for using a false trade\u00admark or property mark 483. Counterfeiting a trade mark or property mark used by another 484. Counterfeiting a mark used by a public servant 485. Making or possession of any instrument for counterfeiting a trade mark or property mark 486. Selling goods marked with a counterfeit trade mark or property mark 487. Making a false mark upon any receptacle containing goods 488. Punishment for making use of any such false mark 489. Tampering with property mark with intent to cause injury Of Currency\u00adNotes and Bank\u00adNotes 489A. Counterfeiting currency\u00adnotes or bank\u00adnotes 489B. Using as genuine, forged or counterfeit currency\u00adnotes or bank\u00adnotes 489C. Possession of forged or counterfeit currency\u00adnotes or bank\u00adnotes 489D. Making or possessing instruments or materials for forging or counterfeiting currency\u00adnotes or bank\u00adnotes 489E. Making or using documents resembling currency\u00adnotes or bank\u00adnotes 489F. Dishonestly issuing a cheque 489G. Counterfeiting or using documents resembling prize bonds or unauthorized sale thereof Page 28 of 179 CHAPTER XIX OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE 490. [Repealed]", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "467", "domain": "general", "chunk_id": "Pakistan Penal Code_c25"}}
{"text": "using documents resembling prize bonds or unauthorized sale thereof Page 28 of 179 CHAPTER XIX OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE 490. [Repealed] 491. Breach of contract to attend on and supply wants of helpless person 492. [Repealed] CHAPTER XX OF OFFENCES RELATING TO MARRIAGE 493. [Repealed] 493A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage 494. Marrying again during lifetime of husband or wife 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted 496. Marriage ceremony fraudulently gone through without lawful marriage 496A. Enticing or taking away or detaining with criminal intent a woman 496B. Fornication 496C. Punishment for false accusation of fornication 497. [Repealed] 498. [Repealed] CHAPTER XX A OF OFFENCES AGAINST WOMEN 498A. Prohibition of depriving women from inheriting property 498B. Prohibition of forced marriage 498C. Prohibition of marriage with the Holy Quran CHAPTER XXI OF DEFAMATION 499. Defamation 500. Punishment for defamation 501. Printing or engraving matter known to be defamatory 502. Sale of printed or engraved substance containing defamatory matter Page 29 of 179 502A. Trial of offences under this Chapter CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 503. Criminal intimidation 504. Intentional insult with intent to provoke breach of the peace 505. Statement conducing to public mischief 506. Punishment for criminal intimidation\u037e If threat be to cause death or grievous hurt, etc 507. Criminal intimidation by an anonymous communication 508. Act caused by inducing person to believe that he will", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c26"}}
{"text": "to cause death or grievous hurt, etc 507. Criminal intimidation by an anonymous communication 508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure 509. Insulting modesty or causing sexual harassment 510. Misconduct in public by a drunken person CHAPTER XXIII OF ATTEMPTS TO COMMIT OFFENCES 511. Punishment for attempting to commit offences punishable with imprisonment for life or for a shorter term Page 30 of 179 THE PAKISTAN PENAL CODE 1Act No. XLV OF 1860 [6th October, 1860] CHAPTER I INTRODUCTION Preamble. WHEREAS it is expedient to provide a general Penal Code for 2[Pakistan] \u037e It is enacted as follows:__ 1. Title and extent of operation of the Code. This Act shall be called the 3[Pakistan] Penal Code, and shall take effect 4* * * throughout 5[Pakistan]. 2. Punishment of offences committed within Pakistan. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within 6[Pakistan] 7* * *. 3. Punishment of offences committed beyond, but which by law may be tried within, Pakistan. Any persons liable, by any 8[Pakistan Law], to be tried for an offence committed beyond 9[Pakistan] shall be dealt with according to the provision of this Code for any act committed beyond 6[Pakistan] in the same manner as if such act had been committed within 6[Pakistan]. 10[4. Extension of Code to extra\u00adterritorial offences. The provisions of this", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c27"}}
{"text": "6[Pakistan] in the same manner as if such act had been committed within 6[Pakistan]. 10[4. Extension of Code to extra\u00adterritorial offences. The provisions of this Code apply also to any offence committed by__ 1The Pakistan Penal Code has been declared in force in __ It has been applied to Phulera in th e Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications \u037e see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area, w.e.f. 1st June, 1951, see N.W.F.P Gazette, E xt., dated 1\u00ad6\u00ad1951. It has been amended in its application to the N.W.F.P., see N.W.F.P Act s 3 of 1941 and 26 of 1950. It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950)\u037e and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. It has also been extended by notification under Article 7 (1) (a) of the N.W.F.P. (Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of 1952), to the added area described in the First Schedule to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 195 2, Pt. I, p. 70. It has also been amended in its application", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "7", "domain": "general", "chunk_id": "Pakistan Penal Code_c28"}}
{"text": "to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 195 2, Pt. I, p. 70. It has also been amended in its application to the Province of West Pakistan by the Pakistan Pe nal Code (West Pakistan Amdt.) Act, 1963 (W.P. Act 6 of 1963), s. 2 (w.e.f. the 18th April, 1963). It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan Amdt.) Act, 1964 (W.P. Act 32 of 1964), s. 2 (w.e.f. 27\u00ad4\u00ad1964). 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. ( w.e.f.14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for \"British India\" . 3Subs. by A. O., 1949, Sch., for \"Indian\" . 4The words and figures \"on and from the first day of May, 1861,\" rep. by the Amending Act, 1891 (12 of 1891). 5Certain words and figures which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4, have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), to read as above. 6The original words \"the said territories\" which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4 , have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (w.e.f.14th October, 1955), to read as above.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c29"}}
{"text": "3(2) and 4 , have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (w.e.f.14th October, 1955), to read as above. 7The words and figures \"on or after the said first day of May, 1861\" rep. by Act 12 of 1891. 8The original words \"Law passed by the G.G. of India in C.\" have successively been amended by A. O., 1937 and A. O., 1949, Sch., to read as above. 9The original words \"the limits of the said territories\" have successively been amended by A. O., 1937, Sch., A. O., 1949, and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (w.e.f 14th October' 1955), to read as above. 10Subs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 2, for the original section 4. Page 31 of 179 1[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan \u037e]\u037e (2) 2[* * * * * * *] (3) 3[* * * * * * *] 4[(4) any person on any ship or aircraft registered in 5[Pakistan] wherever it may be.]. Explanation. In this section the word \"offence\" includes every act committed outside 5[Pakistan] which, if committed in 5[Pakistan], would be punishable under this Code. Illustrations (a) A 6[a Pakistan subject], commits a murder in Uganda. He can be tried and convicted of murder in any place in 7[Pakistan] in which he may be found. (b) 8[*", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "4", "domain": "general", "chunk_id": "Pakistan Penal Code_c30"}}
{"text": "a murder in Uganda. He can be tried and convicted of murder in any place in 7[Pakistan] in which he may be found. (b) 8[* * * * * * *] 9[(c) C, a foreigner who is in the service of Pakistan commits a murder in London. He can be tried and convicted of murder at any place in Pakistan in which he may be found.] (d) D, a British subject living in 10[Junagadh], instigates E to commit a murder in 11[Lahore]. D is guilty of abetting murder.] 12[5. Certain laws not to be affected by this Act. Nothing in this Act is intended to repeal, vary, suspend or affect any of the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the State or of any special or local law.]. CHAPTER II GENERAL EXPLANATIONS 6. Definitions in the Code to be understood subject to exceptions. Throughout this Code every definition of an offenc e, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled \u201cGeneral Exceptions,\u201d though those exceptions are not repeated in such definition, penal provision or illustration. 1Clause (1) which was amended by A. O., 1949, Ord. 21 of 1960 and A.O., 1961, have been subs. by Federal Laws (Revision and De claration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. 2Clause (2) as amended by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c31"}}
{"text": "Federal Laws (Revision and De claration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. 2Clause (2) as amended by A. O., 1949 Sch., has been omitted by A. O., 1961, Art. 2 and Sch., ( w.e.f. 23rd March, 1956). 3Clause (3) as amended by A. O., 1949 and A. O., 1961, have been omitted by Ord. 27 of 1981, s. 3 and II Sch. 4Clause (4) ins. by the Offences on Ships and Aircraft Act, 1940 (4 of 1940), s. 2. 5Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14\u00ad10\u00ad1955), for \"the Provinces and the Capital of the Federation\" which had been subs, by A. O., 1949, Arts. 3(2) and 4, for \"British India\" . 6Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for \"a coolie, who is a Native Indian subject\" . 7Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., ( w.e.f. the 14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for \"British India\" . 8Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II. Sch. 9Illustration (c) which was amended by Ord. 21 of 1960 and Act 26 of 1951, have been subs. ibid. 10Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c32"}}
{"text": "Ord. 21 of 1960 and Act 26 of 1951, have been subs. ibid. 10Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), for \"Bahawalpur\" which had been subs. by Act 26 of 1951, s. 4 and III Sch., for \"Indore\" . 11Subs. by Act 26 of 1951, s. 4 and III Sch., for \"Bombay\" . 12Section 5 as amended by Act 14 of 1870, Act 10 of 1927, s. 2 and Sch. I, Act 35 of 1934. s. 2 and Sch., A. O., 1937, A. O., 1949, Arts. 3 and 4, Ord. 21 of 1960, s. 3 and 2nd Sch., and A. O., 1961, have been subs. by Ordinance 27 of 1981, s. 3 and II Sch., to read as above. Page 32 of 179 Illustrations (a) The sections in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences \u037e but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement \u037e for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that \u201cnothing is an offence which is done by a person who is bound by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "5", "domain": "general", "chunk_id": "Pakistan Penal Code_c33"}}
{"text": "therefore the case falls within the general exception which provides that \u201cnothing is an offence which is done by a person who is bound by law to do it\u201d. 7. Sense of expression once explained. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation. 8. Gender. The pronoun \u201che\u201d and its derivatives are used of any person, whether male or female. 9. Number. Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number. 10. \u201cMan\u201d \u201cWoman\u201d. The word \u201cman\u201d denotes a male human being of any age : the word \u201cwoman\u201d denotes a female human being of any age. 11. \u201cPerson\u201d. The word \u201cperson\u201d includes any Company or Association, or body of persons, whether incorporated or not. 12. \u201cPublic\u201d. The word \u201cpublic\u201d includes any class of the public or any community. 13. [Definition of \u201cQueen\u201d.] Omitted by A.O., 1961, Art. 2 and Sch. (w.e.f. the 23rd March, 1956). 1[14. \u201cServant of the State\u201d. The words \u201cservant of the State\u201d denote all officers or servants continued, appointed or employed in Pakistan, by or under the authority of the 2[Federal Government] or any Provincial Government.] 15. [Definition of \u201cBritish India\u201d.] Rep. by A. O., 1937. 16. [Definition of \u201cGovernment of India\u201d.] Rep. by A.O., 1937. 17. \u201cGovernment\u201d. The word \u201cGovernment\u201d denotes the person or persons authorized by law to administer executive", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c34"}}
{"text": "[Definition of \u201cGovernment of India\u201d.] Rep. by A.O., 1937. 17. \u201cGovernment\u201d. The word \u201cGovernment\u201d denotes the person or persons authorized by law to administer executive Government in 3[Pakistan, or in any part thereof]. 18. [Definition of \u201cPresidency\u201d.] Rep. by A. O., 1937. 1The original section 14 has successively been amended by A.O., 1937, A. O., 1949, Sch. and A. O., 196 1, Art. 2 and Sch., (w.e.f. 23rd March, 1956), to read as above. 2Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No.4 of 1975), Art. 2 and Table, for \u201cCentral Government\u201d. 3The original words \u201cany part of British India\u201d have successively been a mended by A. O., 1949, Sch., and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), to read as above. Page 33 of 179 19. \u201cJudge\u201d. The word \u201cJudge\u201d denotes not only every person who is officially designated as a Judge, but also every person,\u2013 who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment. Illustrations (a) 1[* * * * * * *] (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "14", "domain": "general", "chunk_id": "Pakistan Penal Code_c35"}}
{"text": "Illustrations (a) 1[* * * * * * *] (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge. (c) 2[* * * * * * *] (d) 1[* * * * * * *] 20. \u201cCourt of Justice\u201d. The words \u201cCourt of Justice\u201d denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empo wered by law to act judicially as a body, when such Judge or body of Judges is acting judicially. 3[* * * * * * *] 21. \u201cPublic servant\u201d. The words \u201cpublic servant\u201d denote a person falling under any of the descriptions hereinafter following, namely:__ 4[* * * * * * *] Second.__ Every Commissioned Officer in the Military 5[Naval or Air] Forces of 6[Pakistan] while serving under 7[the 8[Federal Government] or any Provincial Government]\u037e Third.__ Every Judge \u037e Fourth.__ Every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court \u037e and every person specially authorized by a Court of Justice to perform any of such duties \u037e 1Illustrations (a) and (d) omitted by the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c36"}}
{"text": "\u037e and every person specially authorized by a Court of Justice to perform any of such duties \u037e 1Illustrations (a) and (d) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 2Illustration (c) rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and II Sch. 3The original Illustration which was previously subs. by Act 26 of 1951 s. 4 and III Sch., has been omitted by A. O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956). 4Clause First which was amended by A. O., 1961, have been omitted by Ordinance 27 of 1981, s. 3 and II Sch. 5Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch. I, for \u201cor Naval\u201d. 6Subs. by A. O., 1961, Art. 2 and Sch., for \u201cthe Queen\u201d (w.e.f. 23rd March, 1956). 7Subs. by A.O., 1949, Sch., for \u201cany Govt. in British India or the Crown Representative\u201d. 8Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975), Act.2 and Table, for \"Central Governmen t\". Page 34 of 179 Fifth.__ Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant \u037e Sixth.__ Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority \u037e Seventh.__ Every person who holds any office by virtue of which he is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c37"}}
{"text": "any Court of Justice, or by any other competent public authority \u037e Seventh.__ Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement \u037e Eighth.__ Every officer of l[the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience \u037e Nineth.__ Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of l[the Government], or to make any survey, assessment or contract on behalf of l[the Government], or to execute any revenue -process, or to investigate, or to report, on any matter affecting the pecuniary interests of l[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of l[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 1[the Government], and every officer in the service or pay of l[the Government] or remunerated by fees or commission for the performance of any public duty \u037e Tenth.__ Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c38"}}
{"text": "any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district \u037e 2[Eleventh.__ Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election.] Illustration A Municipal Commissioner is a public servant. Explanation 1 .__ Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not. Explanation 2.__ Wherever the words \u201cpublic servant\u201d occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. 2[Explanation 3 .__ The word \u201celection\u201d denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.] 1The original word \u201cGovernment\u201d has successively been amended by A. O., 1937 and A. O., 1961, Art. 2 ( w.e.f 23rd March, 1956), to read as above. 2Ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), section 2. Page 35 of 179 22. \u201cMoveable property\u201d. The words \u201cMoveable property\u201d are intended to include corporeal property of every description, except land and thing attached to the earth or permanently fastened to anything which is attached", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "2", "domain": "general", "chunk_id": "Pakistan Penal Code_c39"}}
{"text": "are intended to include corporeal property of every description, except land and thing attached to the earth or permanently fastened to anything which is attached to the earth. 23. \u201cWrongful gain\u201d. \u201cWrongful gain\u201d is gain by unlawful means of property to which the person gaining is not legally entitled. \u201cWrongful loss\u201d. \u201cWrongful loss\u201d is the loss by unlawful means of property to which the person losing it is legally entitled. Gaining wrongfully. Losing wr ongfully. A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. 24. \u201cDishonestly\u201d. Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing \"dishonestly\". 25. \u201cFraudulently\u201d. A person is said to do a thi ng fraudulently if he does that thing with intent to defraud but not otherwise. 26. \u201cReason to believe\u201d. A person is said to have \u201creason to believe\u201d a thing if he has sufficient cause to believe that thing but not otherwise. 27. Property in possession of wife, clerk or servant. When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Code. Explanation.__ A person employed temporarily or on a particular", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c40"}}
{"text": "account of that person, it is in that person's possession within the meaning of this Code. Explanation.__ A person employed temporarily or on a particular occasion in the capacity of a clerk, or servant, is a clerk or servant within the meaning of this section. 28. \u201cCounterfeit\u201d. A person is said to \u201ccounterfeit\u201d who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practised. 1[Explanation 1.__ It is not essential to counterfeiting that the imitation should be exact. Explanation 2.__ When a person causes one thing to resemble another thin g, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practised.] 29. \u201cDocument\u201d. The word \u201cdocument\u201d denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter. Explanation 1.__ It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. 1Subs. by the Metal Tokens Act,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c41"}}
{"text": "formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. 1Subs. by the Metal Tokens Act, 1889 (1 of 1889), s.9, for the original Explanations. Page 36 of 179 Illustrations A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. A cheque upon a banker is a document. A Power\u00adof\u00adAttorney is a document. A map or plan which is intended to be used or which may be used as evidence, is a document. A writing containing directions or instructions is a document. Explanation 2.__ Whatever is expressed by means of letters, figures or mark s as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration A writes his name on the back of a bill of exch ange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words \"pay to the holder\" or words to that effect had been written over the signature. 30. \u201cValuable security\u201d. The words \u201cvaluable security\u201d denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c42"}}
{"text": "denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. Illustration A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a \u201cvaluable security\u201d. 31. \u201cA will\u201d. The words \u201ca will\u201d denote any testamentary document. 32. Words referring to acts include illegal omissions. In every part of this Code, except where a con trary intention appears from the context, words which refer to acts done extend also to illegal omissions. 33. \u201cAct\u201d \u201cOmission\u201d. The word \u201cact\u201d denotes as well a series of acts as a single act : the word \u201comission\u201d denotes as well a series of omissions as a single omission. 1[34. Acts done by several persons in furtherance of common intention. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.] 1Subs. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 1, for the original section. Page 37 of 179 35. When such an act is criminal by reason of its being done with a criminal", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c43"}}
{"text": "1, for the original section. Page 37 of 179 35. When such an act is criminal by reason of its being done with a criminal Knowledge or intention. Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. 36. Effect caused partly by act and partly by omission. Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration A intentionally causes Z\u2019s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. 37. Co\u00adoperation by doing one of several acts constituting an offence. When an offence is committed by means of several acts, whoever intentionally co\u00adoperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustrations (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c44"}}
{"text": "murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co\u00adoperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as su ch, have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z's death, knowingly co\u00adoperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death, illegally omits to supply Z with food \u037e in consequence of which Z is much reduced in stre ngth, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co\u00adoperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z d ies of hunger. B is guilty of murder, but, as A did", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c45"}}
{"text": "food, knowing that he is likely thereby to cause Z's death. Z d ies of hunger. B is guilty of murder, but, as A did not co\u00adoperate with B, A is guilty only of an attempt to commit murder. 38. Persons concerned in criminal act may be guilty of different offences. Where several persons are engaged or concerned in the com mission of a criminal act, they may be guilty of different offences by means of that act. Page 38 of 179 Illustration A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B having ill\u00adwill towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z\u2019s death, B is guilty of murder, and A is guilty only of culpable homicide. 39. \u201cVoluntarily\u201d. A person is said to cause an effect \u201cvoluntarily\u201d when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating robbery and thus causes the death of a person. Here, A may not have intended to cause death, and may even be sorry that death has been caused by his", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c46"}}
{"text": "death of a person. Here, A may not have intended to cause death, and may even be sorry that death has been caused by his act : yet, if he knew that h e was likely to cause death, he has caused death voluntarily. 1[40. \u201cOffence.\u201d Except in the 2[chapters] and sections mentioned in clauses 2 and 3 of this section, the word \"offence\" denotes a thing made punishable by this Code. In Chapter IV, 3[Chapter VA] and in the following sections, namely, sections 4[64,] 4[65,] 4[66,] 5[67,] 4[71,] 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389, and 445, the word \"offence\" den otes a thing punishable under this Code, or under any special or local law as hereinafter defined. And in sections 14 1, 176, 177, 201, 202, 212, 216 and 441 the word \"offence\" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.] 41. \u201cSpecial law\u201d. A \u201cspecial law\u201d is a law applicable to a particular subject. 42. \u201cLocal Law\u201d. A \u201clocal law\u201d is a law applicable only to a pa rticular part of 6[the territories comprised in 7[Pakistan]]. 43. \u201cIllegal.\u201d \u201cLegally bound, to do. \u201d The word \u201cillegal\u201d is applicable to everything which is an offence or which is prohibited by law,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c47"}}
{"text": "7[Pakistan]]. 43. \u201cIllegal.\u201d \u201cLegally bound, to do. \u201d The word \u201cillegal\u201d is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action : and a person is said to be \u201clegally bound to do\u201d whatever it is illegal in him to omit. 44. \u201cInjury.\u201d The word \u201cinjury\u201d denotes any harm whatever illegally caused to any person, in body, mind, reputation or property. 45. \u201cLife.\u201d The word \u201clife\u201d denotes the life of a human being, unless the contrary appears from the context. lSubs. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 2, for the original section 40. 2Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and Sch. I, for \u201cchapter\u201d. 3Ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 2. 4Ins.by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 1. 5Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), section 21(l). 6Subs. by A. O., 1949, Sch., for \u201cBritish India\u201d. 7Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for \u201cthe Provinces\u201d ( w.e.f. 14th October, 1955). Page 39 of 179 46. \u201cDeath.\u201d The word \u201cdeath\u201d denotes the death of a human being, unless the contrary appears from the context. 47. \u201cAnimal.\u201d The word \u201canimal\u201d denotes any living creature, other than a human being. 48. \u201cVessel.\u201d The word \u201cvessel\u201d denotes anything made for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "40", "domain": "general", "chunk_id": "Pakistan Penal Code_c48"}}
{"text": "the context. 47. \u201cAnimal.\u201d The word \u201canimal\u201d denotes any living creature, other than a human being. 48. \u201cVessel.\u201d The word \u201cvessel\u201d denotes anything made for the conveyance by water of human beings or of property. 49. \u201cYear.\u201d \u201cMonth.\u201d Wherever the word \u201cyear\u201d or the wo rd \u201cmonth\u201d is used, it is to be understood that the year or the month is to be reckoned according to the British calendar. 50. \u201cSection.\u201d The word \u201csection\u201d denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures. 51. \u201cOath.\u201d The word \u201coath\u201d includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not. 52. \u201cGood faith.\u201d Nothing is said to be done or believed in \u201cgood faith\u201d which is done or believed without due care and attention. 1[52A. \u201cHarbour.\u201d Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word \u201charbour\u201d includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in t his section or not, to evade apprehension.]. CHAPTER III OF PUNISHMENTS 2[53. Punishments.__ The punishments to which offenders are liable under", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "157", "domain": "general", "chunk_id": "Pakistan Penal Code_c49"}}
{"text": "those enumerated in t his section or not, to evade apprehension.]. CHAPTER III OF PUNISHMENTS 2[53. Punishments.__ The punishments to which offenders are liable under the provisions of this Code are,__ Firstly, Qisas \u037e Secondly, Diyat \u037e Thirdly, Arsh \u037e Fourthly, Daman \u037e Fifthly, Ta\u2019zir \u037e Sixthly, Death \u037e Seventhly, Imprisonment for life\u037e 1Ins. by the Indian Penal Code Amdt. Act, 1942 (8 of 1942), s. 2. 2Subs. by Act II of 1997, s. 2. Page 40 of 179 Eighthly, Imprisonment which is of two descriptions, namely:__ (i) Rigorous i.e., with hard labour\u037e (ii) Simple\u037e Ninthly, Forfeiture of property\u037e Tenthly, Fine.] 54. Commutation of sentence of death. In every case in which sentence of death shall have been passed, 1[the 2[Federal Government] or the Provincial Government of the Province] within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for any other punishment provided by this Code 3[:] 3[Provided that, in a case in which sentence of death shall have been passed against an offender convicted for an offence of qatl, such sentence shall not be commuted without the consent of the heirs of the victim.]. 55. Commutation of sentence of imprisonment for life. In every case in which sentence of 4[imprisonment] for life shall have been passed, 1[the Provincial Government of the Province] within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c50"}}
{"text": "offender shall have been sentenced may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years 3[:] 3[Provided that, in a case in which sentence of imprisonment for life shall have been passed against an offender convicted for an offence punishable under Chapter XVI, such punishment shall not be commuted without the consent of the victim or, as the case may be, of his heirs 5[:]]. 5[Provided further that in a case in which the sentence of imprisonment for life has been passed against an offender convicted for an offence punishable under sections 354A, 376, 376A, 377 or 377B, or where the principle of fasad\u00adfil\u00adarz is attracted, such punishment shall not be commuted.] 6[55A. Saving for 7[President] prerogative. Nothing in section fifty\u00adfour or section fifty\u00adfive shall derogate from the right of 8[the President] to grant pardons, reprieves, respites or remissions of punishment 3[:] 3[Provided that such right shall not, without the consent of the victim or, as the case may be, of the heirs of the victim, be exercised for any sentence awarded under Chapter XVI.] 56. [Sentence of Europeans and Americans to penal servitude.] Rep. by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule. 1Subs. by A.O., 1937, for \u201cthe G. of I. or the Government of the place\u201d. 2Subs. by the Federal Adaptation of Laws Order, 1975, (P.O. No. 4 of 1975), Art. 2 and Table, for \u201cCentral Government\u201d. 3Subs. and added", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c51"}}
{"text": "place\u201d. 2Subs. by the Federal Adaptation of Laws Order, 1975, (P.O. No. 4 of 1975), Art. 2 and Table, for \u201cCentral Government\u201d. 3Subs. and added by Act II of 1997, ss. 2\u00ad5. 4Subs. by Ord. 12 of 1972, s. 2 and Sch., for \u201ctransportation\u201d. 5Subs. by Act XLIV of 2016, s. 2. 6Ins. by A. O., 1937, cf. s. 295 of the G. of I. Act, 1935 (26 Geo. 5, ch. 2). 7Subs. by A. O., 1961, Art. 2 and Sch., for \u201cRoyal\u201d (w.e.f. 14th October, 1955). 8Subs. by A.O., 1961, Art. 2 and Sch., for \u201cHis Majesty\", or of the Governor\u00adGeneral if any such right is delegated to him by His Majesty\u201d (w.e.f. 23rd March, 1956). Page 41 of 179 57. Fractions of terms of punishment. In calculating fractions of terms of punishment,1[imprisonment for life] shall be reckoned as equivalent to 1[imprisonment] for 2[twenty\u00ad five years.] 58. [Offenders sentenced to transportation how de alt with until, transported.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. 59. [Transportation instead of imprisonment.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. 60. Sentence may be (in certain case s of imprisonment) wholly or partly rigorous or simple. In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c52"}}
{"text": "shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple. 61. [Sentence of forfeiture of property.] Rep. by the India Penal Code (Amdt.) Act, 19 21 (XVI of 1921), s. 4. 62. [Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment.] Rep. by the Indian Penal Code (Amdt.) Act, 1921 (XVI of 1921), s. 4. 63. Amount of fine. Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. 64. Sentence of imprisonment for non\u00adpayment of fine. 3[In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable 4[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,] it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. 65. Limit", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c53"}}
{"text": "any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. 65. Limit to imprisonment for non\u00adpayment of fine, when imprisonment and fine awardable. The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one\u00adfourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. 66. Description of imprisonment for non\u00adpayment of fine. The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \"transportation\". 2Subs. by Ord. 12 of 1972, s.2 and Sch., for \u201ctwenty years.\u201d 3Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 2, for \u201cin every case in which an offender is sentenced to a fine\u201d. 4Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 21(2). Page 42 of 179 67. Imprisonment for non\u00adpayment of fine, when offence punishable with fine only. If the offence be punishable with fine only, 1[the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c54"}}
{"text": "fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exc eed one hundred rupees, and for any term not exceeding six months in any other case. 68. Imprisonment to terminate on payment of fine. The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law. 69. Termination of imprisonment on payment of proportional part of fine. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonmen t suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. Illustration A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of payment. Here, if seventy\u00adfive rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seventy\u00adfive rupees be paid or levied at the time of the expiration of the first month, or at any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c55"}}
{"text": "the first month has expired. If seventy\u00adfive rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonments, A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration to those two months, or at any later time while A continues in imprisonment, A will be immediately discharged. 70. Fine leviable within six years, or during imprisonment. Death not to di scharge property from liability. The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to impri\u00ad sonment for a longer period than six years, then at any time previous to the expiration of that period \u037e and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. 71. Limit of punishment of offence made up of several offences. Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c56"}}
{"text": "an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. 2[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for anyone of such offences.] 1Ins. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 3 2Added ibid , s. 4. Page 43 of 179 Illustrations (a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c57"}}
{"text": "whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y. 72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all. 73. Solitary confinement. Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Cou rt may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say__ a time not exceeding one month if the term of imprisonment shall not exceed six months : a time not exceeding two months if the term of imprisonment shall exceed six months and 1[shall not exceed one] year : a time not exceeding three months if the term of imprisonment shall exceed one year. 74. Limit of solitary confinement. In executing a sentence of solitary confinement, such confinement shall in no case", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c58"}}
{"text": "term of imprisonment shall exceed one year. 74. Limit of solitary confinement. In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the period of solitary confinement of not less duration than such periods, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of no t less duration than such periods. 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction. 2[Whoever, having been convicted,__ (a) by a Court in 3[Pakistan] of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, or 1Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 5, for \u201cbe less than a\u201d. 2Subs. by the Indian Penal Code Amdt. Act, 1910 (3 of 1910), for the original section. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A. O., 1949, Articles, 3(2) and 4, for \u201cBritish India\u201d. Page 44 of 179 (b) 1[* * * * * * *] shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c59"}}
{"text": "1[* * * * * * *] shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 2[imprisonment for life], or to imprisonment of either description for a term which may extend to ten years.] CHAPTER IV GENERAL EXCEPTIONS 76. Act done by a person bound, or by mistake of fact believing him -self bound, by law. Nothing is an offence which is done by a person who is, or who by r eason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. 77. Act of Judge when acting judicially. Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. 78. Act done pursuant to the judgment or order of Court. Nothing which is done in pursuance of, or which is warranted by the judgment or order", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c60"}}
{"text": "done pursuant to the judgment or order of Court. Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. 79. Act done by a person justified, or by mistake of fact believing himself justified, by law. Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith of th e power which the law gives to all persons of apprehending murders in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self\u00addefence. 80. Accident in doing a lawful act. Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c61"}}
{"text": "and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. 1Clause (b) as amended by A. O., 1937, A. O., 1949, Ord. 21 of 1960, A.O., 1961 and F.A.O. 1975, have been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. Page 45 of 179 Illustration A is at work with a hatchet \u037e the head flies off and kills a man who is standing by. Here if there was no want of proper caution on the part of A, his act is excusable and not an offence. 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm. Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Explanation.__ It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Illustrations (a) A, the captain", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c62"}}
{"text": "to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Illustrations (a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his c ourse without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A\u2019s", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c63"}}
{"text": "or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A\u2019s act, A is not guilty of the offence. 82. Act of child under 1[ten] years of age. Nothing is an offence which is done by a child under 1[ten] years of age. 83. Act of a child above 1[ten] and under 1[fourteen] of immature understanding. Nothing is an offence which is done by a child above 1[ten] years of age and under 1[fourteen], who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. 84. Act of a person of unsound mind. Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. 1Subs. by Act X (Second Amdt.) of 2016, s. 2 and 3. Page 46 of 179 85. Act of a person incapable of judgment by reason of intoxication caused against his will. Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c64"}}
{"text": "that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will. 86. Offence requiring a particular intent or knowledge committed by one who is intoxicated. In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death, or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm \u037e or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration A and Z agree to fence with each other for amusement. This agreement", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c65"}}
{"text": "person who has consented to take the risk of that harm. Illustration A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing, may be caused without foul play\u037e and if A, while playing fairly, hurts Z, A commits no offence. 88. Act not intended to cause death, done by consent in good faith for person\u2019s benefit. Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z\u2019s de ath, and intending, in good faith Z\u2019s benefit, performs that operation on Z, with Z\u2019s consent. A has committed no offence. 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian. Nothing which is done in good faith f or the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c66"}}
{"text": "f or the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intend ed by the doer to cause or be known by the doer to be likely to cause to that person: Provisos. Provided\u2014 First.__ That this exception shall not extend to the intentional causing of death, or to the attempting to cause death \u037e Secondly.__ That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous Page 47 of 179 hurt\u037e or the curing of any grievous disease or infirmity \u037e Thirdly.__ That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity \u037e Fourthly.__ That this except ion shall not extend to the abetment of any offence, to the committing of which offence it would not extend. Illustration A, in good faith, for his child\u2019s benefit without his child\u2019s consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child\u2019s death, but not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c67"}}
{"text": "has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child\u2019s death, but not intending to cause the child\u2019s death. A is within the exception, inasmuch as his object was the cure of the child. 90. Consent known to be given under fear or misconception. A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception \u037e or Consent of insane person. if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent\u037e or Consent of child. unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. 91. Exclusion of acts which are offences independently of harm caused. The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good fai th for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c68"}}
{"text": "cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good fai th for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence \u201cby reason of such harm\u201d, and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 92. Act done in good faith for benefit of a person without consent. Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obt ain consent in time for the thing to be done with benefit: Proviso. Provided\u2014 First.__ That this exception shall not extend to the intentional causing of death, or the attempting to cause death\u037e Secondly.__ That this exception shall not extend to the doing of anything which the person doing Page 48 of 179 it knows to be likely to cause death, for any purp ose other than the preventing of death or grievous hurt, or the curing of any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c69"}}
{"text": "knows to be likely to cause death, for any purp ose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity\u037e Thirdly.__ That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt \u037e Fourthly.__ That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. Illustrations (a) Z is thrown from his horse, and is insensible. A, a surgeon, finds th at Z requires to be trepanned. A not intending Z\u2019s death but in good faith for Z\u2019s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z\u2019s benefit. A\u2019s ball gives Z a mortal wound. A has committed no offence. (c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unle ss an operation be immediately performed. There is no time to apply to the child\u2019s guardian. A performs the operation inspite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence. (d) A is in a house whi ch is on", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c70"}}
{"text": "of the child, intending, in good faith, the child's benefit. A has committed no offence. (d) A is in a house whi ch is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child\u2019s benefit. Here even if the child is killed by the fall, A has committed no offence. Explanation.__ Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92. 93. Communication made in good faith. No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has comm itted no offence, though he knew it to be likely that the communication might cause the patient\u2019s death. 94. Act to which a person is compelled by threats. Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c71"}}
{"text": "the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.__ A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Page 49 of 179 Explanation 2.__ A person seized by a gang of dacoits, and forced by threat of instant death, to do a thing which is an offence by law \u037e for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. 95. Act causing s light harm. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of the Right of Private Defence 96. Things done in private defence. Nothing is an offence which is done", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c72"}}
{"text": "temper would complain of such harm. Of the Right of Private Defence 96. Things done in private defence. Nothing is an offence which is done in the exercise of the right of private defence. 97. Right of private defence of the body and of property. Every person has a right, subject to the restrictions contained in section 99, to defend__ First.__ His own body, and the body of any other person, against any offence affecting the human body \u037e Secondly.__ The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 98. Right of private defence against the act of a person of unsound mind, etc. When an act, which would otherwise be a certain offence is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations (a) Z, under the influence of madness, attempts to kill A \u037e Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "99", "domain": "general", "chunk_id": "Pakistan Penal Code_c73"}}
{"text": "is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house\u00adbreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. Bu t A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. 99. Acts against which there is no right of private defence. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence again st an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. Page 50 of 179 Extent to which the right may be exercised. The right of private defence in no case extends to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c74"}}
{"text": "public authorities. Page 50 of 179 Extent to which the right may be exercised. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.__ A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason t o believe, that the person doing the act is such public servant. Explanation 2.__ A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded. 100. When the right of private defence o f the body extends to causing death. The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:__ First.\u2014 Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault \u037e Secondly.\u2014 Such an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c75"}}
{"text": "namely:__ First.\u2014 Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault \u037e Secondly.\u2014 Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault \u037e Thirdly.\u2014 An assault with the intention of committing rape \u037e Fourthly.\u2014 An assault with the intention of gratifying unnatural lust \u037e Fifthly.__ An assault with the intention of kidnapping or abducting \u037e Sixthly.__ An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. 101. When such right extends to causing any harm other than death. If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99 to the v oluntary causing to the assailant of any harm other than death. 102. Commencement and continuance of the right of private defence of the body. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed \u037e and it continues as long as such, apprehension of danger to the body continues. 103.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "99", "domain": "general", "chunk_id": "Pakistan Penal Code_c76"}}
{"text": "offence though the offence may not have been committed \u037e and it continues as long as such, apprehension of danger to the body continues. 103. When the right of private defence of property extends to causing deat h. The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong\u00addoer, if the offence, the committing of which, or the attempting to commit which, occas ions the exercise of the right, be an offence of any of the des\u00ad criptions hereinafter enumerated, namely :\u2014 Page 51 of 179 First.\u2014 Robbery \u037e Secondly.\u2014 House\u00adbreaking by night \u037e Thirdly.\u2014 Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for the custody of property \u037e Fourthly.\u2014 Theft, mischief or house\u00adtrespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. 104. When such right extends to causing any harm other than death. If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "99", "domain": "general", "chunk_id": "Pakistan Penal Code_c77"}}
{"text": "preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong\u00addoer of any harm other than death. 105. Commencement and continuance of the right of private defence of p roperty. The right of private defence of property commences when a reasonable apprehension of danger to the property commences. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of properly against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. The right of private defence of property against house\u00adbreaking by night continues as long as the house\u00adtrespass which has been begun by such house\u00adbreaking continues. 106. Right of private defence against deadly assault wh en there is risk of harm to innocent person. If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "99", "domain": "general", "chunk_id": "Pakistan Penal Code_c78"}}
{"text": "exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration A is attached by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cann ot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. Page 52 of 179 CHAPTER V OF ABETMENT 107. Abetment of a thing. A person abets the doing of a thing, who\u2014 First.\u2014 Instigates any person to do that thing \u037e or, Secondly.__ Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing \u037e or Thirdly.__ Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.__ A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or pro cures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c79"}}
{"text": "cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2. __ Whoever, either prior to or at the time of the commission of an act, does anything in order to faci litate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 108. Abettor. A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an o ffence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1. __ The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2. To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations (a) A instigates B to mur der C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c80"}}
{"text": "Illustrations (a) A instigates B to mur der C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3.__ It is not neces sary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. Page 53 of 179 Illustrations (a) A, with a guilty inten tion, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z\u2019s death. B, in consequence of the abetment, does the act in the absence of A and thereby, causes Z\u2019s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c81"}}
{"text": "been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates B to set fire to a dwelling\u00adhouse. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A\u2019s instigation. B has committed no offence , but A is guilty of abetting the offence of setting fire to a dwelling\u00ad house, and is liable to the punishment provided for that offence. (d) A intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z\u2019s possession. A induces B to believe that the property belongs to A. B takes the property out of Z\u2019s possession, in good faith, believing it to be A\u2019s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liab1e to the same punishment as if B had committed theft. Explanation 4 .__ The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration A instigates B to instigate C to mu rder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B\u2019s instigation. B is liable to be punished for his offence with the punishment for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c82"}}
{"text": "murder Z, and C commits that offence in consequence of B\u2019s instigation. B is liable to be punished for his offence with the punishment for murder \u037e and, as A instigated B to commit the offence, A is also liable to the same punishment. Explanation 5.__ It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. Illustration A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A\u2019s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison \u037e Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. Page 54 of 179 1[108A. Abetment in Pakistan of offences outside it. A person abets an offence within the meaning of this Code who, in 2[Pakistan], abets the commission of any act without and beyond 2[Pakistan] which would constitute an offence committed in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c83"}}
{"text": "the meaning of this Code who, in 2[Pakistan], abets the commission of any act without and beyond 2[Pakistan] which would constitute an offence committed in 2[Pakistan]. Illustration A, in 2[Pakistan], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.] 109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetme nt, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence 3[:] 4[Provided that, except in case of Ikrah\u00adi\u00adTam (\u0627\u06a9\u0631\u0627\u06c1 \u062a\u0627\u0645), the abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta\u2019zir specified for such offence including death.]. Explanation.__ An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B\u2019s official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "161", "domain": "general", "chunk_id": "Pakistan Penal Code_c84"}}
{"text": "give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z\u2019s dea th. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. 110. Punishment of abetment if person abetted does act with different intention from that of abettor. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. 111. Liability of abettor when one act abetted and different act done. When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: 1This Section was added by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 3. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c85"}}
{"text": "was added by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 3. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960),s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A.O., 1949, Arts. 3(2) and 4, for \u201cBritish India\u201d. 3Subs. by the criminal law (Amdt.), Act, 1997 (II of 1997), s. 6 for \u201cfull\u00adstop\u201d. 4Proviso added ibid. Page 55 of 179 Proviso. Provided the act done was a prob able consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here if the child was acting under the influence of A's instigation, and the act done was under th e circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c86"}}
{"text": "house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft \u037e for the theft was a distinct act, and not a probable consequence of the burning. (c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 112. Abettor when liable to cumulative punishment for act abetted and for act done. If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. Illustration A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences \u037e and, if A new that B was likely voluntarily to cause grievous hurt in resisting the distress A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c87"}}
{"text": "to punishment for both these offences \u037e and, if A new that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences. 113. Liability of abettor for an effect caused by the act abetted different from tha t intended by the abettor. When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death. A is liable to be punished with the punishment provided for murder. Page 56 of 179 114. Abettor present when offence is committed. Whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c88"}}
{"text": "or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 115. Abetment of offence punishable with death or imprisonment for life if offence not committed\u037e Whoever abets the commission of an offence punishable with death or 1[imprisonment for life], shall, if that offence be not committed in consequence of the abetment, and no express pro\u00ad vision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine \u037e if act causing harm be done in consequence. and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death 1[or imprisonment for lif e.] Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine \u037e and, if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 116.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c89"}}
{"text": "Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 116. Abetment of offence punishable with imprisonment__ if offence be not committed\u037e Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for th e punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one\u00adfourth part of the longest term provided for that offence\u037e or with such fine as is provided for that offence, or with both \u037e if abettor or person abetted be a public servant whose duty it is to prevent offence. and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one\u00adhalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B\u2019s official functions. B refuses to accept the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c90"}}
{"text": "the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for \u201ctransportation for life\u201d. Page 57 of 179 (c) A, a police\u00adofficer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one\u00adhalf of the longest term of imprisonment provided for that offence, and also to fine. (d) B abets the commission of a robbery by A, a police\u00adofficer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable to one\u00adhalf of the longest term of imprisonment provided for the offence of robbery, and also to fine. 117. Abetting commission of offence by the public or by more than ten persons . Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustration A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse act, while engaged in a procession. A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c91"}}
{"text": "to meet at a certain time and place, for the purpose of attacking the members of an adverse act, while engaged in a procession. A has committed the offence defined in this section. 118. Concealing design to commit offence punishable with death or imprisonment for life. Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or l[imprisonment for life], if offence be committed\u037e voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, if offence be not committed. shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description for a term which may extend to three years \u037e and in either case shall also be liable to fine. Illustration A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby mislead s the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 119. Public servant concealing design to commit offence which it is his duty to prevent. Whoever, being a public servant", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c92"}}
{"text": "is punishable under this section. 119. Public servant concealing design to commit offence which it is his duty to prevent. Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, t he existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for \u201ctransportation for life\u201d. Page 58 of 179 If offence be committed\u037e shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one\u00adhalf of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both \u037e if offence be punishable with death, etc.\u037e or if the offence be punishable with death or 1[imprisonment for life], with imprisonment of either description for a term which may extend to ten years \u037e if offence be not committed. or, if the offence be no t committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one\u00adfourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration A, an officer of police,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c93"}}
{"text": "the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B\u2019s design, and is liable to punishment according to the provision of this section. 120. Concealing design to commit offence punishable with imprisonment. Whoever, intending to facil itate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, if offence be committed \u037e if offence be not committed. shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one\u00adfour th, and, if the offence be not committed, to one\u00adeighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. 2[CHAPTER VA CRIMINAL CONSPIRACY 120A. Definition of criminal conspiracy. When two or more persons agree to do, or cause to be done,__ (1) an illegal act, or (2) an act which is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c94"}}
{"text": "criminal conspiracy. When two or more persons agree to do, or cause to be done,__ (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for \u201ctransportation for life\u201d. 2Ch. VA ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 3. Page 59 of 179 Explanation.__ It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. 120B. Punishment of criminal conspiracy. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 1[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.] CHAPTER VI OF OFFENCES AGAINST THE STATE 121. Waging or attempting", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c95"}}
{"text": "description for a term not exceeding six months, or with fine or with both.] CHAPTER VI OF OFFENCES AGAINST THE STATE 121. Waging or attempting to wage war or abetting waging of war against Pakistan. Whoever wages war against 2[Pakistan], or attempts to wage such war, or abets the w aging of such war, shall be punished with death, or 1[imprisonment for life], 3[and shall also be liable to fine]. 4[Illustration] 5[*] A joins an insurrection against 2[Pakistan]. A has committed the offence defined in this section. (b) 6[* * * * * * *] 7[121A. Conspiracy to commit offences punishable by section 121. Whoever within or without 8[Pakistan] conspires to commit any of the offences punishable by section 121, or to deprive 9[Pakistan of the sovereignty of her territories] 10[* * *] or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, 11[the 12[Federal Government] or any Provincial Government 13[* * *], shall be punished with 1[imprisonment for life], or with imprisonment of either description which may extend to ten years, 14[and shall also be liable to fine]. Explanation.__ To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for \u201ctransportation for life\u201d. 2Subs. by A. O., 1961, Art. 2 and Sch., for \u201cthe Queen\u201d (w.e.f. 23rd March, 1956). 3Subs. by the Indian Penal", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "121", "domain": "general", "chunk_id": "Pakistan Penal Code_c96"}}
{"text": "for \u201ctransportation for life\u201d. 2Subs. by A. O., 1961, Art. 2 and Sch., for \u201cthe Queen\u201d (w.e.f. 23rd March, 1956). 3Subs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for \u201cand shall forfeit all his property\u201d. 4Subs. by A. O., 1961, Art. 2 and Sch., for \u201cIllustrations\u201d (w.e.f. 23rd March, 1956). 5The brackets and letter \u201c(a)\u201d omitted ibid. (w.e.f. the 23rd March, 1956). 6Illustration (b) as amended by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., omitted by A. O., 1961, Art. 2 and Sch. (w.e.f. the 23rd March, 1956). 7S.121A, ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s.4. 8Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), section 3 and 2nd Sch., (w.e.f. 14th October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \u201cBritish India\u201d. 9The original words \u201cthe Queen of the sovereignty of British India\u201d have successively been amended by A.O., 1949, Arts. 3(2) and 4, Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), and A.O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956), to read as above. 10The words \u201cof British Burma\u201d omitted by A.O., 1949, Sch. 11Subs. by A. O., 1937, for \u201cthe G. of I. or any L.G.\u201d. 12Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "3", "domain": "general", "chunk_id": "Pakistan Penal Code_c97"}}
{"text": "A. O., 1937, for \u201cthe G. of I. or any L.G.\u201d. 12Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for \"Central Government\". 13The words \u201cor the Govt. of Burma\u201d omitted by A. O., 1949, Sch. 14These words were ins. by Act 16 of 1921, s. 3. Page 60 of 179 122. Collecting arms, etc., with intention of waging war against Pakistan. Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against 1[Pakistan], shall be punished with 2[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 3[and shall also be liable to fine]. 123. Concealing with intent to facilities design to wage war. Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against 1[Pakistan], intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 4[123A. Condemnation of the creation of the State, and advocacy of abolition of its sovereignty.__ (1) Whoever, within or witho ut Pakistan, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c98"}}
{"text": "to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety 5[or ideology] of Pakistan, or to endanger the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation, 5[abuse Pakistan or] condemn the creation of Pakistan by virtue of the partition of India which was e ffected on the fifteenth day of August, 1947, or advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighboring States o r otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine. (2) Notwithstanding anything contained in any other law for the time being in force, when any person is proceeded against under this s ection, it shall be lawful for any Court before which he may be produced in the course of the investigation or trial, to make such order as it may think fit in respect of his movements, of his association or communication with other persons, and of his activities in regard to dissemination of news, propagation of opinions, until such time as the case is finally decided. (3) Any Court which is a Court of appeal or of revision in relation to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c99"}}
{"text": "until such time as the case is finally decided. (3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in sub\u00adsection (2) may also make an order under that sub\u00adsection.] 6[123B. Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, etc. __ Whoever deliberately defiles 5[or puts on fire] the National Flag of Pakistan, or unauthorisedly removes it from any building, p remises, vehicle or other property of Government, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.] 124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. Whoever, with the intention of inducing or compelling the 7[President] of 1 Subs. by A. O., 1961, Art. 2 and Sch., for the \u201cthe Queen\u201d (w.e.f. 23rd March 1956). 2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch. for \"transportation for life\". 3 Subs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for \u201cand shall forfeit all his property\u201d. 4 S. 123A ins. by the Pakistan Penal Code (Amdt.) Act, 1950 (71 of 1950), section 2. 5 Ins. by Act II of 1992,ss. 2 & 3. 6 Ins. by Ord. XLIII of 1984, s. 2. 7 Subs. by A. O., 1961, Art. 2, for \u201cGovernor\u00adGeneral\u201d (w.e.f. 23rd March, 1956). Page 61 of 179 1[Pakistan], or the Governor of any 2[Province], 3[*", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "2", "domain": "general", "chunk_id": "Pakistan Penal Code_c100"}}
{"text": "Subs. by A. O., 1961, Art. 2, for \u201cGovernor\u00adGeneral\u201d (w.e.f. 23rd March, 1956). Page 61 of 179 1[Pakistan], or the Governor of any 2[Province], 3[* * *] 4[* *] 5[* * *], to exercise or refrain from exercising in any manner any of the lawful powers of 6[the President], 7[or Governor], assaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, 6[the President], 7[or Governor]. shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 8[124A. Sedition. Whoever by words, either spoken or written, or by signs, or by visibl e representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 9[the 10[Federal] or Provincial Government established by law] shall be punished with 11[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1.__ The expression \u201cdisaffection\u201d includes disloyalty and all feelings of enmity. Explanation 2.__ Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.__ Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c101"}}
{"text": "not constitute an offence under this section. Explanation 3.__ Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.] 125. Waging war against any 12[*] Power in alliance with Pakistan. Whoever wages war against the Government of any 12[*] Power in alliance or at peace with 13[Pakistan] or attempts to wage such war, or abets the waging of such war, shall be punished with 11[imprisonment for life], to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine. 126. Committing depredation on territories of Power at peace with Pakistan. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with 13[Pakistan], shall be punished with imprisonment of either description for a 1 Subs. by A. O., 1949, Sch., for \u201cIndia\u201d. 2 Subs. by A. O., 1937, for \u201cPresidency\u201d. 3 The words \u201cor a Lieutenant\u00adGovernor\u201d rep., ibid. 4 The words \u201cor a Member of the Council of the Governor\u00adGeneral of India\u201d omitted by A. O., 1949, Sch. 5 The words \u201cor of the Council of any Presidency\u201d rep. by A. O.,1937. 6 Subs. by A. O., 1961, Art. 2 and Sch., for \u201csuch Governor\u00adGeneral\u201d (w.e.f. 23rd March, 1956). 7 The original words \u201cGovernor, Lieutenant\u00adGovernor or Member of Council\u201d have successively been amended", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c102"}}
{"text": "Art. 2 and Sch., for \u201csuch Governor\u00adGeneral\u201d (w.e.f. 23rd March, 1956). 7 The original words \u201cGovernor, Lieutenant\u00adGovernor or Member of Council\u201d have successively been amended by A. O., 1937, and A. O., 1949, Sch., to read as above. 8 Subs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 4, for the original section 124A, which was ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 5. 9 The original words \u201cHer Majesty or the Government established by law in British India, shall\u201d have successively been amended by A. O., 1937 A. O., 1949, Sch., the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. the 14th October, 1955) and A. O., 1961, Art. 2 and Sch., (w.e.f 23rd March, 1956), to read as above. 10 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), Art. 2 and Table for \u201cCentral\u201d. 11 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 12Omitted by Act No. II of 1988, s. 2. 13Subs. by A.O., 1961, Art. 2 and Sch., for \u201cthe Queen\u201d (w.e.f. 23rd March, 1956). Page 62 of 179 term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation. 127. Receiving property taken by war or depredation mentioned in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "124A", "domain": "general", "chunk_id": "Pakistan Penal Code_c103"}}
{"text": "used or intended to be used in committing such depredation, or acquired by such depredation. 127. Receiving property taken by war or depredation mentioned in sections 125 and 126. Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonmen t of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received. 128. Public servant voluntarily allowing prisoner of State or war to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 1[imprisonment for life], or imprisonment of either description for a ter m which may extend to ten years, and shall also be liable to fine. 129. Public servant negligently suffering such prisoner to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine. 130. Aiding escape of, rescuing or harbouring such prisoner. Whoever knowingly aids or assists any State prisoner or prison of war in escaping from lawful", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c104"}}
{"text": "130. Aiding escape of, rescuing or harbouring such prisoner. Whoever knowingly aids or assists any State prisoner or prison of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with 1[ imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.__ A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2[Pakistan], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. CHAPTER VII OF OFFENCES RELATING TO THE ARMY, 3[NAVY AND AIR FORCE] 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. Whoever abets the committing of mutiny by an officer, soldier, 4[sailor or airman], in the Army, 5[Navy or Air Force] of 6[Pakistan], or attempts to seduce any such officer, soldier, 4[sailor or airman] from his allegiance or his duty, shall be punished with 1[imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 7[Explanation. In this section, the words \u201cofficer\u201d, \u201csoldier\u201d, \u201csailor\u201d or \u201cairman\u201d include any person subject to the Pakistan", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c105"}}
{"text": "and shall also be liable to fine. 7[Explanation. In this section, the words \u201cofficer\u201d, \u201csoldier\u201d, \u201csailor\u201d or \u201cairman\u201d include any person subject to the Pakistan Army Act, 1952 (XXXIX of 1952) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961) or the Pakistan Air Force Act, 1953 (VI of 1953), as the case may be.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for \u201ctransportation for life\u201d. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960(21 of 1960), section 3 and 2nd Sch. (w.e.f. 14th October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \u201cBritish India\u201d. 3Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch.I, for \u201cand Navy\u201d. 4Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch.I, for \u201cor sailor\u201d. 5Subs. ibid, for \u201cor Navy\u201d. 6Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen\" (w.e.f. 23rd March, 1956). 7Explanation originally inserted by the Indian Penal Code Amdt. Act, 1870 (27 of 1870) and subsequently amended by Act 10 of 1927, 35 of 1934, and Ord. 21 of 1960, have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. Page 63 of 179 132. Abetment of mutiny, if mutiny is committed in consequence thereof. Whoever abets the committing of mutiny by an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "3", "domain": "general", "chunk_id": "Pakistan Penal Code_c106"}}
{"text": "as above. Page 63 of 179 132. Abetment of mutiny, if mutiny is committed in consequence thereof. Whoever abets the committing of mutiny by an officer, soldier, 1[sailor or airman], in the Army 2[Navy or Air Force] of 3[Pakistan], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 134. Abetment of such assault, if the assault is committed. Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 135. Abetment of desertion of soldier, sailor or airman. Whoever abets the desertion of any officer, soldier, 1[sailor or airman], in the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c107"}}
{"text": "liable to fine. 135. Abetment of desertion of soldier, sailor or airman. Whoever abets the desertion of any officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], shall be punished with imprisonment of either description for a term whic h may extend to two years, or with fine, or with both. 136. Harbouring deserter. Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], has deserted, harbours such officer, soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Exception.__ This provision does not extend to the case in which the harbour is given by a wife to her husband. 137. Deserter concealed on board merchant vessel through negligence of master. The master or person incharge of a merchant vessel, on board of which any deserter from the Army, 2[Navy or Air Force] of 3[Pakistan] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding 5[one thousand five hundred rupees], if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel. 138. Abetment of act of insubordination by soldier, sailor or airman. Whoever abets what he knows to be an act of insubordination", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c108"}}
{"text": "of the vessel. 138. Abetment of act of insubordination by soldier, sailor or airman. Whoever abets what he knows to be an act of insubordination by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 1Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I, for \u201cor sailor\u201d. 2Subs. ibid, for \u201cor Navy\u201d. 3Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen\" (w.e.f. 23rd March, 1956). 4Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and sch., for \u201cTransportation for life\u201d. 5Subs by Ord. LXXXVI of 2002, Sch.I, for \u201cfive hundred rupees\u201d. Page 64 of 179 138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act, 1934 (XXXV of 1934), s. 2 and Sch. 1[139. Persons subject to ce rtain Acts. No person subject to the Pakistan Army Act, 1952, (XXXIX of 1952) of the Pakistan Air Force Act, 1953, (VI of 1953) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961) is subject to punishment under this Code for any of the offences defined in this Chapter.] 140. Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not being a soldier, 2[sailor or airman] in the Military, 3[Naval", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c109"}}
{"text": "Chapter.] 140. Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not being a soldier, 2[sailor or airman] in the Military, 3[Naval or Air] service of 4[Pakistan], wears any garb or carries any token resembling any garb or token used by such a soldier 2[sailor or airman] with the intention that it may be believed that he is such a soldier, 2[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three months, or with fine whic h may extend to 5[one thousand five hundred rupees], or with both. CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 141. Unlawful assembly. An assembly of five or more persons is designated an \u201cunlawful assembly,\u201d if the common object of the persons composing that assembly is__ First.__ To overawe by criminal force, or show of criminal force, 6[the 7[Federal] or any Provincial Government or Legislature], or any public servant in the exercise of the lawful power of such public servant \u037e or Second.__ To resist the execution of any law, or of any legal process \u037e or Third.__ To commit any mischief or criminal trespass, or other offence \u037e or Fourth.__ By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c110"}}
{"text": "of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right \u037e or Fifth.__ By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.__ An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. 142. Being member of unlawful assembly. Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. 1Section 139 as amended by Act 10 of 1927, 35 of 1934, 39 of 1952, 14 of 1932, 6 of 1953 and Ordinance 21 of 1960 have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. 2Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I. for \u201cor sailor\u201d. 3Subs. ibid., for \u201cor Navy\u201d. 4Subs. by A. O., 1961, Art. 2 and Sch., for \u201cthe Queen\u201d ( w.e.f. 23rd March, 1956). 5Subs. by ord. 86 of 2002, s. 2 and Sch. I, for \u201cfive hundred rupees\u201d. 6Subs. by A. O., 1937, for \u201cthe Legislative or Executive G. of I, or the Government of any Presidency,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "139", "domain": "general", "chunk_id": "Pakistan Penal Code_c111"}}
{"text": "Sch. I, for \u201cfive hundred rupees\u201d. 6Subs. by A. O., 1937, for \u201cthe Legislative or Executive G. of I, or the Government of any Presidency, or any Lieutenant\u00adGovernor.\u201d 7Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for \"Central\". Page 65 of 179 143. Punishment. Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 144. Joining unlawful assembly armed with deadly weapon. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 145. Joining or c ontinuing in unlawful assembly, knowing it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 146. Rioting. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, eve ry member of such assembly is guilty of the offence of rioting. 147. Punishment for rioting. Whoever is guilty", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c112"}}
{"text": "common object of such assembly, eve ry member of such assembly is guilty of the offence of rioting. 147. Punishment for rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 148. Rioting, armed with deadly weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. 150. Hiring, or conniving at hiring, or persons to join unlawful assembly. Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c113"}}
{"text": "assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. 151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months or with fine, or with both. Explanation.__ If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145. 152. Assaulting or obstructing public servant when suppressing riot, etc. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge Page 66 of 179 of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both. 153. Want only giving provocation with", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "141", "domain": "general", "chunk_id": "Pakistan Penal Code_c114"}}
{"text": "imprisonment of either description for a term which may extend to three years or with fine, or with both. 153. Want only giving provocation with intent to cause riot\u2013 if rioting be committed; if not committed . Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both\u037e and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 1[153A. Promoting enmity between different groups, etc. Whoever,__ (a) by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds o f religion, race, place of birth, residence, language, caste or community or any other ground whatsoever , disharmony or feelings of enmity, hatred or ill\u00adwill between different r eligious, racial, language or regional groups or castes or communities\u037e or (b) commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes, or communities or any group of persons identifiable as such on", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c115"}}
{"text": "the maintenance of harmony between different religious, racial, language or regional groups or castes, or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquility\u037e or (c) organizes, or incites any other person to organize, any exercise, movement, drill or other similar activity intending that the participants in any such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence, or participates, or incites any other person to participate, in any such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community or any group of persons identifiable as such on any ground whatsoever and any such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment for a term which may extend to five years and with fine. Explanation.__ It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c116"}}
{"text": "Explanation.__ It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different religious, racial, langu age or regional groups or castes or communities]. 1S.153A has successively been amended by the Indian Penal Code Amdt , Act, 1898 (4 of 1898), s. 5, A. O., 1961, Art. 2 and Sch. and the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 2. (w.e.f. 28th July, 1973), to read as above. Page 67 of 179 1[153B. Inducing students, etc., to take part in political activity.__ Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, induce or attempts to induce any student, or any class of students, or any institution interested in or connected with students, to take part in any political activity 2[which disturbs or undermines, or is likely to disturb or undermine, the public order] shall be punished with imprisonment which may extend to two years or with fine or with both.] 154. Owner or occupier of land on which an unlawful assembly is held. Whenever any unlawful assembly or riot takes place , the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c117"}}
{"text": "is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding 3[three thousand rupees], if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police\u00adstation, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. 155. Liability of person for whose benefit riot is committed. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c118"}}
{"text": "such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. 156. Liability of agent of owner or occupier for whose benefit riot is co mmitted. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly b y which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. 157. Harbouring persons hired for an unlawful assembly. Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become mem bers", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c119"}}
{"text": "knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become mem bers of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 158. Being hired to take part in an unlawful assembly or riot. Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in 1S. 153B was ins. by the Pakistan Penal Code (Second Amdt.) Ordinance, 1962 (70 of 1962), s. 2. 2 Ins. by the Pakistan Penal Code (Amdt.) Act, 1965, (20 of 1965), s. 2. 3Subs. by Ord. 86 of 2002, s.2 and Sch. I, for \u201cone thousand rupees\u201d. Page 68 of 179 section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, or to go armed. and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 159. Affray. When two or more persons, by fighting in a public place, disturb the public peace, they are said", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "141", "domain": "general", "chunk_id": "Pakistan Penal Code_c120"}}
{"text": "with fine, or with both. 159. Affray. When two or more persons, by fighting in a public place, disturb the public peace, they are said to \u201ccommit an affray\u201d. 160. Punishment for committing affray. Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 1[three hundred rupees], or with both. CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 161. Public servant taking gratification other than legal remuneration in respect of an official act. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or for bearing to do any official act or for showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or at tempting to render any service or disservice to any person, 2[with the 3[Federal], or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to t hree years or with fine or with both. Explanation.__ \u201cExpecting to be a public servant.\u201d If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c121"}}
{"text": "a public servant.\u201d If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section. \u201cGratification.\u201d The word \u201cgratification\u201d is not restricted to pecuniary gratifications, or to gratifications estimable in money. \u201cLegal remuneration.\u201d The words \u201cl egal remuneration\u201d are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the 4[authority by which he is employed], to accept. \u201cA motive or reward for doing.\u201d A person who receiv es a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words. 1Subs. by Ord. No. 86 of 2002, s. 2 and Sch. I, for \u201cone hundred rupees\u201d. 2Subs. by A. O., 1937, for \u201cwith the Legislative or Executive G. of I., or with the Government of any Presidency, or with any Lieutenant\u00adGovernor\u201d. 3Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for \u201cCentral\u201d. 4Subs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for \u201cgovernment, which he serves\u201d. Page 69 of 179 1[\u2018Public servant\u2019. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and 409, \u2018public servant\u2019", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c122"}}
{"text": "serves\u201d. Page 69 of 179 1[\u2018Public servant\u2019. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and 409, \u2018public servant\u2019 includes an employee of any corporation or other body or organization set up, controlled or administered by, or under the authority of, the Federal Government.] Illustrations (a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A\u2019s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section. (b) A, holding the office of 2[Consul] at the Court of a 3[Foreign] Power accepts a lakh of rupees from the Minister of that Power. It does not appear, that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that Power with the 4[Government of Pakistan]. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exerci se of his official functions to that Power. A has committed the offence defined in this section. (c) A, a public servant, induces Z erroneously to believe that A\u2019s influence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section. 162. Taking gratification, in order, by corrupt or illegal means", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c123"}}
{"text": "as a reward for this service. A has committed the offence defined in this section. 162. Taking gratification, in order, by corrupt or illegal means to influence public servant. Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from an y person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 5[with the 6[Federal] or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 163. Taking gratification, for exercise of personal influence with public servant. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 5[with", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c124"}}
{"text": "public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 5[with the 6[Federal] or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration An advocate who receives a fee for arguing a case before a Judge \u037e a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist \u037e a paid agent for a condemned criminal, who lays before the Government statements 1Added by the Prevention of Corruption Laws (Amdt.) Act, 1977 (13 of 1977). s. 2 and Sch. 2Subs. by A. O.,1961 Art. 2 and Sch., for \u201cResident\u201d ( w.e.f. 23rd March, 1956). 3Subs. ibid., for \u201csubsidiary\u201d (w.e.f. 23rd March, 1956). 4Subs. ibid., for \u201cBritish Government\u201d (w.e.f. 23rd March, 1956). 5Subs. by A. O., 1937, for \u201cwith the Legislative or Executive G. of I., or with the Govt. of any Presidency, or with any Lieutenant\u00adGovernor\u201d. 6 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for \u201cCentral\u201d. Page 70 of 179 tending to show that the condemnation was unjus t,__ are not within this section, inasmuch as they do not exercise or profess to exercise personal influence. 164. Punishment for abetment by public servant of offences defined in section", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c125"}}
{"text": "section, inasmuch as they do not exercise or profess to exercise personal influence. 164. Punishment for abetment by public servant of offences defined in section 162 or 163. Whoever, being a public servant, in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustration A is a public serv ant. B, A\u2019s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprison ment for a term which may extend to three years, or with fine, or with both. 165. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant. Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "162", "domain": "general", "chunk_id": "Pakistan Penal Code_c126"}}
{"text": "any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with 1[imprisonment of either description for a term which may extend to three years], or with fine, or with both. Illustrations (a) A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty rupees a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred rupees a month. A has obtained a valuable thing from Z without adequate consideration. (b) A, a Judge, buys of Z, who has a case pending in A\u2019s Court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration. (c) Z\u2019s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration. 2[165A. Punishment for abetment of offences defined in sections", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c127"}}
{"text": "The money so obtained by A is a valuable thing obtained by him without adequate consideration. 2[165A. Punishment for abetment of offences defined in sections 161 and 165. Whoever abets any offence punishable under section 161 or section 165 shall, whether the offence abetted is or is not committed in consequence of the abetment, be punished with the punishment provided for the offence.] 1Subs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for \u201csimple imprisonment for a term which may extend to two yea rs.\u201d 2S.165A was ins. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2. Page 71 of 179 1[165B. Certain abettors excepted. A person shall be deemed not to abet an offence punishable under section 161 or section 165 if he is induced, compelled, coerced, or intimidated to offer or give any such gratification as is referred to in section 161 for any of the purposes mentioned therein, or any valuable thing without consideration, or for an inadequate consideration, to any such public servant as is referred to in section 165.] 166. Public servant disobeying law, with intent to cause injury to any person. __ 2[(1)] Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "161", "domain": "general", "chunk_id": "Pakistan Penal Code_c128"}}
{"text": "cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 2[(2) Whoever being a public servant entrusted with the investigation of a case fails to carry out the investigation properly or diligently or fails to pursue the case in any court of law properly and in breach of his duties shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.] Illustration A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z\u2019s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. 167. Public servant framing an incorrect document with intent to cause injury. Whoever, being a public servant, and being, as such public servant, char ged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 168.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c129"}}
{"text": "person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 168. Public servant unlawfully engaging in trade. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 169. Public servant unlawfully buying or bidding for property. Whoever, being a public servant, and bein g legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both \u037e and the property, if purchased, shall be confiscated. 170. Personating a public servant. Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description, for a term which may extend to two y ears, or with fine, or with both. 1S.165B was ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1962 (59 of 1962), s. 2. 2Renumber and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c130"}}
{"text": "ears, or with fine, or with both. 1S.165B was ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1962 (59 of 1962), s. 2. 2Renumber and added by Act XLIV of 2016, s. 3. Page 72 of 179 171. Wearing garb or carrying token used by public servant with fraudulent intent. Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be b elieved, that he belongs to that class of public servants, shall be punished with imprisonment of either description, for a term which may extend to three months, or with fine which may extend to 1[six hundred rupees], or with both. 2[CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS 171A. \u201cCandidates\u201d \u201cElectoral right\u201d defined. For the purposes of this Chapter__ (a) \u201ccandidate\u201d means a person who has been nominated as a candidate at any election and includes a person who, when an election is in contemplation, holds himself out as a prospective candidate thereat \u037e provided that he is subsequently nominated as a candidate at such election \u037e (b) \u201celectoral right\u201d means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. 171B. Bribery.__ (1) Whoever__ (i) gives a gratification to any person with the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c131"}}
{"text": "a candidate or to vote or refrain from voting at an election. 171B. Bribery.__ (1) Whoever__ (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right \u037e or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person, to exercise any such right, commits the offence of bribery : Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, Shall be deemed to have accepted the gratification as a reward. 171C. Undue influence at elections. __ (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. 1Subs.by Ord.86 of 2002, s.2 and Sch.I 2Chapter IXA ins. by the Elections Offences and Inquiries Act, 1920 (39", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c132"}}
{"text": "of undue influence at an election. 1Subs.by Ord.86 of 2002, s.2 and Sch.I 2Chapter IXA ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), s. 2. Page 73 of 179 (2) Without prejudice to the generality of the provisions of sub\u00adsection (1), whoever__ (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub\u00adsection (1). (3) A declaration of public policy or a promise of public action, or the mer e exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 171D. Personation at elections. Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election. 171E.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c133"}}
{"text": "whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election. 171E. Punishment for bribery. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation.__ \u2018Treating\u2019 means that form of bribery where the gratification consists in food, drink, entertainment, or provision. 171F. Punishment for undue influence or personati on at an election. Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 171G. False statement in connecti on with an election. Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine. 171H. Illegal payments in connection with an election. Whoever without the general or special authority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c134"}}
{"text": "the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend 1[one thousand five hundred rupees]: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate he shall be deemed to have incurred such expenses with the authority of the candidate. 1Sub.by ord No.86 of 2002,s.2 & sch.I, \u201cfive hundred rupees\u201d. Page 74 of 179 171I. Failure to keep election accounts. Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.] 1[171J. Inducing any person not to participate in any election or referendum, etc. __ Whoever by words, either spoken or written, or by visible representation, induces or, directly or indirectly, persuades or instigates, any person not to participate in, or to boycott, any election or referendum, or not to exercise his right of vote thereat, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five lac rupees,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c135"}}
{"text": "punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five lac rupees, or with both.] CHAPTER X OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. 172. Absconding to avoid service of summons or other proceeding. Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summo ns, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 2[one thousand five hundred rupees], or with both \u037e or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 2[three thousand rupees], or with both. 173. Preventing service of summons or other proceeding, or preventing publication thereof. Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legal1y competent as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c136"}}
{"text": "any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or intentionally prevents the la wful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 3[one thousand five hundred rupees], or with both \u037e or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may exte nd to six months, or with fine which may extend to 3[three thousand rupees], or with both. 1Added by ord.LIV of 1984,s.2 2Sub.by ord No.86 of 2002,s.2 & sch.I, \u201cfive hundred rupees\u201d. 3Subs. by Ord. 86 of 02, s. 2 & Sch. I. Page 75 of 179 174. Non\u00adattendance in obedienc e to an order from public servant. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c137"}}
{"text": "that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may ext end to one month, or with fine which may extend to 1[one thousand five hundred rupees], or with both\u037e or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both 2[\u037e] 3[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.] Illustrations (a) A, being legally bound to appear before the 4[High Court of 5[Sind]] in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. (b) A, being legally bound to appear before a Zila Judge, as a witness, in obedience to a summons issued by that Zila Judge, intentionally omits to appear. A has committed the offence defined in this section. 175. Omission to produce document to public servant by person. Whoever, being legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "87", "domain": "general", "chunk_id": "Pakistan Penal Code_c138"}}
{"text": "up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 1[one thousand five hundred rupees], or with both \u037e legally bound to produce it. or, if the document is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. Illustration A, being legally bound to produce a document before a Zila Court, intentionally omits to produce the same. A has committed the offence defined in this section. 1Subs. by Ord. 86 of 02, s. 2 & Sch. I. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2, and Sch., for full stop. 3New para added ibid. 4Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for \u201cSupreme Court at Calcutta\u201d. 5Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for \u201cEast Pakistan\u201d which was previously subs. by A. O., 1961, Art. 2, for \u201cEast Bengal\u201d (w.e.f. 23rd March, 1956). Page 76 of 179 176. Omission to give notice or information to public servant by person legally bound to give it. Whoever, being legally bound to give any notice or to furnish information", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c139"}}
{"text": "notice or information to public servant by person legally bound to give it. Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be pu nished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 1[one thousand five hundred rupees], or with both\u037e or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both \u037e 2[or, if the notice or information required to be given is required by an order passed under sub\u00ad section (1) of section 565 of the Code of Criminal Procedure, 1898 (V of 1898) with imprisonment of either description for a term which may extend to six months, or with fine which may extend to [three thousand rupees], or with both.] 177. Furnishing false information. Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "565", "domain": "general", "chunk_id": "Pakistan Penal Code_c140"}}
{"text": "any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may exten d to 1[three thousand rupees], or with both \u037e or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the appre\u00ad hension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magi strate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section. (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound, under clause 5, section VII, 3Regulation III, 1821, of the Bengal Code, to give early and punctual information of the above fact to the officer o f the nearest police station, willfully misinforms the police\u00adofficer that a body of suspicious characters passed through the village with a view to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c141"}}
{"text": "officer o f the nearest police station, willfully misinforms the police\u00adofficer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the later part of this section. 1Subs. by Ord. 86 of 02, s.2 and Sch. 1. 2Added by the Criminal Law Amdt. Act, 1939 (22 of 1939), s. 2. 3Rep. by Act 17 of 1862. Page 77 of 179 1[Explanation.__ In section 176 and in this section the word \u201coffence\u201d includes any act committed at any place out of 2[Pakistan], which, if committed in 2[Pakistan], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460 \u037e and the word \u201coffender\u201d includes any person who is alleged to have been guilty of any such act.] 178. Refusing oath or affirmation when duly required by public servant to make it. Whoever refuses to bind himself by an oath 3[or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend 4[three thousand rupees], or with both. 179. Refusing to answer public servant authorized to question. Whoever, being legally bound to state", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "176", "domain": "general", "chunk_id": "Pakistan Penal Code_c142"}}
{"text": "fine which may extend 4[three thousand rupees], or with both. 179. Refusing to answer public servant authorized to question. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 4 [three thousand rupees], or with both. 180. Refusing to sign statement. Whoever, refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to 4[one thousand five hundred rupees], or with both. 181. False statement on oath or affirmation to public servant or person authorised to administer an oa th or affirmation. Whoever, being legally bound by an oath 3[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 3[or affirmation], makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c143"}}
{"text": "he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a terms which may extend to three years, and shall also be liable to fine. 5[182. False information with intent to cause public servant to use his lawful power to the injury of another person. Whoever gives to any public servant any information which he knows or believes to be false, intending ther eby to cause, or knowing it to be likely that he will thereby cause, such public servant__ (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or (b) to use the lawful power of such public servant to the injury or annoyance of any person, 1Explanations ins. by the Indian Criminal Law Amdt. Act, 1894 (3 of 1894), s. 5. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14t h October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A.O., 1949, Art. 3(2) and 4, for \u201cBritish India\u201d. 3Ins. by the Oaths Act, 1873 (10 of 1873), s. 15. 4 Subs. by Ord. 86 of 02, s.2 and sch. 1. 5Subs. by the Indian Criminal Law Amdt. Act, 1895 (3 of 1895), s. 1 for the original s. 182. Page 78 of 179", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c144"}}
{"text": "sch. 1. 5Subs. by the Indian Criminal Law Amdt. Act, 1895 (3 of 1895), s. 1 for the original s. 182. Page 78 of 179 shall be punished with imprisonment of either description for a term which may 1[extend to__ (a) seven years in case the offence in which false informat ion is gives in punishable with death\u037e (b) five years in case the offence in which false information is given is punishable with imprisonment for life\u037e or (c) one\u00adfourth of the longest term of imprisonment or with fine as is provided for the offence in which false information is given and such offence is not covered under clause (a) or clause (b).] Illustrations (a) A informs a Magistrate that Z, a police\u00adofficer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z\u2019s premises, attended with annoyance to Z. A has committed the offence defined in this section. (c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c145"}}
{"text": "informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of the his assailants, but knows it to be likely that in consequence of this information the police will make enquiries an d institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.] 183. Resistance to the taking of property by the lawful authority of a public servant. Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, sha ll be punished with imprisonment of either description for a term which may extend to six months, or with fine w hich may extend to 2[three thousand rupees], or with both. 184. Obstructing sale of property offered for sale by authority of public servant. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servan t, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 2[one thousand five hundred rupees], or with both. 185. Illegal purchase or bid for property offered for sale b y authority of public servant. Whoever, at any sale of property held by the lawful authority of a public servant, as such,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c146"}}
{"text": "for sale b y authority of public servant. Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 2[six hundred rupees], or with both. 1Subs. by Act No. IV of 2017. s. 2. 2Subs. by Ord. 86 of 02, s. 2 & Sch. I. Page 79 of 179 186. Obstructing public servant in discharge of public functions. __ 1[(1)] Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to 1[one year], or with fine which may extend to 1[fifty thousand] rupees, or with both. 1[(2) Whoever intentionally hampers, misleads, jeopardizes or defeats an investigation, inquiry or prosecution or issues a false or defective report in a case under any law for the time being in force shall be punished with imprisonment for a term which may extend to three years or with fine or with both.] 187. Omission to assist public servant when bound by law to give assistance. Whoever,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c147"}}
{"text": "may extend to three years or with fine or with both.] 187. Omission to assist public servant when bound by law to give assistance. Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 2[six hundred rupees], or with both \u037e and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of havin g escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 2[one thousand five hundred rupees], or with both. 188. Disobedience to order duly promulgated by public servant. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c148"}}
{"text": "his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to 2[six hundred rupees], or with both \u037e and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 2[three thousand rupees], or with both. Explanation.__ It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section. 1Renumber, subs. and added by Act XLIV of 2016, s. 4. 2Subs. by Ord. 86 of 02, s. 2 & Sch. I. Page 80 of 179 189. Threat of injury to public servant. Whoever holds out any threat of injury to any public servant,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c149"}}
{"text": "& Sch. I. Page 80 of 179 189. Threat of injury to public servant. Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 190. Threat of injury to induce person to refrain from applying for protection to public servant. Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for pr otection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER XI OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 191. Giving false evidence. Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subj ect, makes any statement which is false, and which he either knows or believes to be false or does not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c150"}}
{"text": "a declaration upon any subj ect, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1.__ A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2.__ A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. Illustrations (a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B\u2019s claim. A has given false evidence. (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. (c) A, knowing the general character of Z\u2019s handwriting, states that he believes a certain signature to be the handwriting of Z \u037e A in good faith believing it to be so. Here A\u2019s statement is merely as to his belief, and is true as to his belief, and therefore ,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c151"}}
{"text": "faith believing it to be so. Here A\u2019s statement is merely as to his belief, and is true as to his belief, and therefore , although the signature may not be the handwriting of Z. A has not given false evidence. (d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not. (e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document, which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence. Page 81 of 179 192. Fabricating false evidence. Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c152"}}
{"text": "who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said \"to fabricate false evidence \". Illustrations (a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence. (b) A makes a false entry in his shop -book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence. (c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search. A has fabricated false evidence. 193. Punishment for false evi dence. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine \u037e and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c153"}}
{"text": "or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and sh all also be liable to fine. Explanation 1.__ A trial before a Court\u00admartial 1* * * is a judicial proceeding. Explanation 2.__ An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, thoug h that investigation may not take place before a Court of Justice. 2 * * * * * * * Explanation 3.__ An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceedi ng, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. 1The words \"or before a Military Court of Request\" were rep. by the Cantonments Act, 1889 (13 of 1889). Act 13 of 1889 was rep . by the Cantonments Act, 1910 (15 of 1910) which in turn has been rep. by the Cantonments Act, 1924 (2 of 1924). 2Illustration omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c154"}}
{"text": "Cantonments Act, 1924 (2 of 1924). 2Illustration omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. Page 82 of 179 194. Giving or fabricating false evidence with intent to procure conviction of capital offence\u037e Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital 1[by any law for the time being in force], shall be punished with 2[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine \u037e if innocent person be thereby convicted and executed. and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described. 195. Giving or fabricating false evidence with intent to procure conviction of offenc e punishable with 3[imprisonment for life or for a term of seven years or upwards]. Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which l[by any law for the time being in force] is not capital, but punishable with 2[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c155"}}
{"text": "with 2[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. Illustration A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 2[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 4[such imprisonment for life] or imprisonment, with or without fine. 196. Using evidence known to be false. Whoever corruptly uses or attempts to uses as true or genuine evidence any evidence which he knows to be false or fabric ated, shall be punished in the same manner as if he gave or fabricated false evidence. 197. Issuing or signing false certificate. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certifica te is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence. 198. Using as true a certificate known to be false. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. 199. False statement made in declaration which", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c156"}}
{"text": "false in any material point, shall be punished in the same manner as if he gave false evidence. 199. False statement made in declaration which is by law receivable as evide nce. Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he ei ther knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence. 200. Using as true such declaration k nowing it to be false. Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. 1The original words, \"by this Code\" have successively been amended by Act 27 of 1870, s. 7, Act 9 of 1890, s. 149, and A. 0., 1949, Sch., to read as above. 2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2. and Sch., for \"transportation or imprisonment\". 4Subs. ibid.. for \"such transportation\". Page 83 of 179 Explanation.__ A declaration which is inadmissible", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c157"}}
{"text": "of 1972), s. 2. and Sch., for \"transportation or imprisonment\". 4Subs. ibid.. for \"such transportation\". Page 83 of 179 Explanation.__ A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. 201. Causing disappearance of evidence of offence, or giving false information to screen offender. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappe ar, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, if a capital offence; shall, if the offence which he knows or believes to ha ve been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine \u037e if punishable with 1[imprisonment for life] \u037e and if the offence is punishable wit h 2[imprisonment for life], or with imprisonment which may extend to ten years shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine \u037e if punishable with less than ten years imprisonment. and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c158"}}
{"text": "any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one\u00adfourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. Illustration A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine. 202. Intentional omission to give information of offence by person bound to inform. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offen ce which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 203. Giving false information respecting an offence committed. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 3[Explanation.__ In sections 201 and 202 and in this section the word \"offence\" includes any act committed at any place out of 4[Pakistan], which, if committed in 4[Pakistan], would be punishable under any of the following sections, namely, 30 2, 304, 382, 392, 393,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c159"}}
{"text": "place out of 4[Pakistan], which, if committed in 4[Pakistan], would be punishable under any of the following sections, namely, 30 2, 304, 382, 392, 393, 394 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201cTransportation\u201d. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 3Explanation ins. by the Indian Criminal Law Amdt. Act, 1894 (3 of 1894), s. 7. 4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. (w.e.f. 14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \"British India\". Page 84 of 179 204. Destruction of document to prevent its production as evidence. Whoever secretes or destroys any document which he may be lawfully comp elled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c160"}}
{"text": "summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 205. False personation for purpose of act or proceeding in suit or prosecution. Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a d ecree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 207. Fraudulent claim to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c161"}}
{"text": "punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 207. Fraudulent claim to property to prevent its seizure as forfeited or in execution. Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 208. Fraudulently suffering decree for sum not due. Whoever fraudulently causes or suffers a decree or order to be passed against him at the su it of any person for a sum not due, or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c162"}}
{"text": "for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustration A institutes a suit against Z. Z, know ing that A is likely to obtain a decree against him fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share i n the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section. Page 85 of 179 209. Dishonestly making false claim in Court. Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. 210. Fraudulently obtaining decree for sum not due. Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c163"}}
{"text": "obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to t wo years, or with fine, or with both. 211. False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both\u037e and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 212. Harbouring offender. Whenever an offence has been committed, whoever harbours or conceals a person whom", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c164"}}
{"text": "seven years, and shall also be liable to fine. 212. Harbouring offender. Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, if a capital offence\u037e shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine\u037e if punishable with imprisonment for life, or with impriso nment. and if the offence is punishable with l[imprisonment for life] or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine\u037e and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one\u00adfourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 2[\"Offence\" in this section includes any act committed at any place out of 3[Pakistan], which, if committed in 3[Pakistan], would be punishable under any of the following sections, namely, 302,304,382,392,393,394,395,396,397,398,399,402,435, 436, 449, 450, 457, 458, 459 and 460 \u037e and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c165"}}
{"text": "and 460 \u037e and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 3[Pakistan.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \"transportation for life\". 2Ins. by the Indian Criminal Law Amdt. Act, 1894 (3 of 1894), s. 7. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for \"British India\". Page 86 of 179 Exception.__ This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender. Illustration A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to 1[imprisonment for life]. A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine. 213. Taking gift, etc., to screen an offender from punishment. Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c166"}}
{"text": "consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, if a capital offence\u037e shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine \u037e if punishable with imprisonment for life, or with imprisonment. and if the offence is punishable with l[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine\u037e and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one\u00adfourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 214. Offering gift or restoration of property in consideration of screening offender__ Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, i n consideration of that person's concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c167"}}
{"text": "of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, If a capital offence\u037e shall, if t he offence is punishable with death, be punished if a capital with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine\u037e If punishable with imprisonment for life, or with imprisonment. and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine \u037e and if the offe nce is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one\u00ad fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 2[Exception. The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 6, for the original Exception. Page 87 of 179 [Illustrations.] Rep. by the Code of Criminal Procedure, 1882 (X of 1882). 215. Taking gift to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c168"}}
{"text": "6, for the original Exception. Page 87 of 179 [Illustrations.] Rep. by the Code of Criminal Procedure, 1882 (X of 1882). 215. Taking gift to help to recover stolen property, etc. Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any moveable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause th e offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered__ Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if a capital offenc e\u037e if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c169"}}
{"text": "ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine\u037e if punishable with imprisonment for life, or with imprisonment. if the offence is punishable with 1[imprisonment for life], or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine\u037e and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one\u00adfourth part of the longest term of the imprisonment provided for such offence or with fine, or with both. 2[\"Offence\" in this section includes also any act or omission of which a person is alleged to have been guilty out of 3[Pakistan] which, if he had been guilty of it in 3[Pakistan], would have been punishable as an offence, and for which he is, under any law relating to extradition, 4[* * * ] or otherwise, liable to be apprehended or detained in custody in 3[Pakistan], and every such act or omission shall, for the purpo ses of this section, be deemed to be punishable as if the accused person had been guilty of it in 3[Pakistan].] Exception.__ This provision does not extend to the case in which the harbour or concealment is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c170"}}
{"text": "accused person had been guilty of it in 3[Pakistan].] Exception.__ This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended. 5[216A. Penalty for harbouring robbers or dacoits. Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 23. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. ( w.e.f 14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \"British India\". 4The words \"or under the Fugitive Offenders Act, 1881,\" omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 5Ss. 216A and 216B were ins. by the Indian Criminal Law Amdt. Act 1894 (3 of 1894), s. 8. Page 88 of 179 Explanation.__ For the purposes of this section it", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c171"}}
{"text": "by the Indian Criminal Law Amdt. Act 1894 (3 of 1894), s. 8. Page 88 of 179 Explanation.__ For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without 1[Pakistan]. Exception.__ This provision does not extend to the case in which the harbour is by the husband or wife of the offender. 216B. [Definition of \" harbour\" in sections 212, 216 and 216 A.] Omitted by the Penal Code (Amdt.) Act, 1942 (VIII of 1942), s. 3. 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. Whoever, being a public servant, and being as such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c172"}}
{"text": "framing incorrect record or writing with intent to save person from punishment or property from forfeiture. Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law. Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. Whoever, being in any office which gives him legal authority to commit persons for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c173"}}
{"text": "having authority who knows that he is acting contrary to law. Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciousl y commits any person for trial or confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may exte nd to seven years, or with fine, or with both. 221. Intentional omission to apprehend on the part of public servant bound to apprehend. Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intention\u00ad ally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be p unished as follows, that is to say:__ 1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. ( w.e.f 14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \"British India\". Page 89 of 179 with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c174"}}
{"text": "with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death\u037e or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehen ded for, an offence punishable with l[imprisonment for life] or imprisonment for a term which may extend to ten years \u037e or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years. 222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence 2[or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows that is to say:__ with 1[imprisonment for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c175"}}
{"text": "intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows that is to say:__ with 1[imprisonment for life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death\u037e or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 1[imprisonment for life] 3* * * 4* * * 5* * * or imprisonment for a term of ten years or upwards \u037e or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years 2[or if the person was lawfully committed to custody]. 223. Escape from confinement or custody negligently suffered by public servant. Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence 2[or la wfully committed to custody], negligently suffers such persons to escape from confinement, shall be punished", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c176"}}
{"text": "person charged with or convicted of any offence 2[or la wfully committed to custody], negligently suffers such persons to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 224. Resistance or obstruction by a person to his la wful apprehension. Whoever intentional1y offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in whi ch he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ct ransportation for life\u201d. 2Ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 8. 3The words \"or penal servitude for life,\" omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (2 o f 1950), Sch. 4The words \"or to transportation\" omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch. 5The words \"or penal servitude\" omitted by Act 2 of 1950, Sch. Page 90 of 179 Explanation.__ The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c177"}}
{"text": "is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted. 225. Resistance or obstruction to lawful apprehension of another person. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both \u037e or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with l[imprisonment for life], or im\u00ad prisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine \u037e or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine \u037e or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c178"}}
{"text": "be liable to fine \u037e or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to l[imprisonment for life] 2* * * 3* * or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine \u037e or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 4[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished__ (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both\u037e and (b) if he does so negligently, with simple imprisonme nt for a term which may extend", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "221", "domain": "general", "chunk_id": "Pakistan Penal Code_c179"}}
{"text": "three years, or with fine, or with both\u037e and (b) if he does so negligently, with simple imprisonme nt for a term which may extend to two years, or with fine, or with both. 225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for. Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any 1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2The words \"or to transportation\" omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 a nd Sch. 3The words \"penal servitude,\" omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (2 of 1950), Sch . 4Subs. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 24(1), for the original section 225A, which was previ ously ins. by Act, 27 of 1870, s.9. Page 91 of 179 custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.] 226. [Unlawful return from transportation.] Omitted by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "224", "domain": "general", "chunk_id": "Pakistan Penal Code_c180"}}
{"text": "of either description for a term which may extend to six months, or with fine, or with both.] 226. [Unlawful return from transportation.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. 227. Violation of condition of remission of punishment. Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remissio n was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered. 228. Intentional insult or interruption to public servant sitting in judicial proceeding. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 229. Personation of a juror or assessor. Whoever, by personation or otherwise, shall inten\u00ad tionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned , empanelled or sworn contrary to jaw, shall voluntarily serve on such jury or as", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c181"}}
{"text": "or sworn, or knowing himself to have been so returned , empanelled or sworn contrary to jaw, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS 230. \u201cCoin\u201d defined. 2[Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.] \"Pakistan Coin\". 3[Pakistan coin is metal stamped and i ssued by the authority of the Government of Pakistan in order to be used as money \u037e and metal which has been so stamped and issued shall continue to be Pakistan coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.] Illustrations (a) Cowries are not coin. (b) Lumps of unstamped copper, though used as money, are not coin. (c) Medals are not coin, inasmuch as they are not intended to be used as money. 4[* * * * * * *] 1Subs. by Ord. 86 of 02, s. 2 and Sch. I. 2Subs. by the Indian Penal Code Amdt. Act, 1872 (19 of 1872), for the original paragraph. 3The original paragraph has successively been amended by the Indian Penal Code (Amdt.) Act, 1896 (6 of 1896), s. 1(1), A. O., 1937 and A. O., 1949, Sch., and A.O. 1961, Art.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c182"}}
{"text": "by the Indian Penal Code (Amdt.) Act, 1896 (6 of 1896), s. 1(1), A. O., 1937 and A. O., 1949, Sch., and A.O. 1961, Art. 2 and Sch. (w.e.f. 23rd March, 1956), to road as above. 4Illustrations (d) and (e) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. Page 92 of 179 231. Counterfeiting coin. Whoever counterfeits or knowingly perfo rms any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.__ A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin. 232. Counterfeiting Pakistan coin. Whoever counterfeits, or knowingly performs any part of the process of counterfeit ing 1[Pakistan coin], shall be punished with 2[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 233. Making or selling instrument for counterfeiting coin. Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counte rfeiting coin, shall be punished with imprisonment of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c183"}}
{"text": "or having reason to believe that it is intended to be used, for the purpose of counte rfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 234. Making or selling instrument for counterfeiting Pakistan coin. Whoever makes or mends, or performs any part of the process of making or mending or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 1[Pakistan coin], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 235. Possession of instrument or material for the purpose of using the same for counterfeiting coin \u037e if Pakistan coin. Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine \u037e and if the coin to be counterfeited is 1[Pakistan coin], shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 236. Abetting in Pakistan the counterfeiting", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c184"}}
{"text": "of either description for a term which may extend to ten years, and shall also be liable to fine. 236. Abetting in Pakistan the counterfeiting out of Pakistan of coin. Whoever, being within 3[Pakistan], abets the c ounterfeiting of coin out of 3[Pakistan] shall be punished in the same manner as if he abetted the counterfeiting of such coin within 3[Pakistan]. 237. Import or export of counterfeit coin. Whoever imports into 3[Pakistan], or exports therefrom, any counte rfeit coin, knowingly or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 238. Import or export of counterfeits of Pakistan coin. Whoever imports into 3[Pakistan], or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a counterfeit of 1[Pakistan coin], shall be punished with 2[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen's coin\" ( w.e.f. 23rd March, 1956). 2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctra nsportation for life\u201d. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. ( w.e.f. 14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c185"}}
{"text": "of 1960), s. 3 and 2nd Sch. ( w.e.f. 14th October, 1955), for \"the Provinces and the Capital of the Federation\" which had been subs. by A. O., 1949, Arts. 3 (2) and 4, fo r \u201cBritish India\u201d. Page 93 of 179 239. Delivery of coin, possessed with knowledge that it is counterfeit. Whoever, having any counterfeit coin, which at the time when he became possessed of it he know to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 240. Delivery of Pakistan coin possessed with knowledge that it is counterfeit. Whoever, having any counterfeit coin, which is a counterfeit of 1[Pakistan coin], and which, at the time when he became possessed of it, he knew to be a counterfeit of 1[Pakistan coin], fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit. Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c186"}}
{"text": "did not know to be counterfeit. Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both. Illustration A, a coiner, delivers counterfeit 2[*] rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another, utterer, who buys them knowing them to be counterfeit. C pays away the rupees for goods to D, who receives them, not knowing them to be counterfeit. D after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240, as the case may be. 242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "239", "domain": "general", "chunk_id": "Pakistan Penal Code_c187"}}
{"text": "when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 243. Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed thereof. Whoever, fraudulently or with intent that fraud may be committed is in possession of counterfeit coin, which is a counterfeit of 1[Pakistan coin], having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 244. Person employed in mint causing coin to be of different weight or composition from that fixed by law. Whoever, being employed in any mint lawfully established in 3[Pakistan], does any act, or omits what he is legally bound to do, with the intention of causing any coin issued form that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen's coin\" (w.e.f. 23rd March, 1956). 2The word \"Company's\" omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 3Subs. by the Central Laws (Statute", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c188"}}
{"text": "\"Company's\" omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. 3Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (w.e.f 14t h October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A.O., 1949, Arts. 3(2) and 4, for \u201cBritish India\u201d. Page 94 of 179 245. Unlawfully taking coining instrument from mint. Whoever, without lawful authority, takes out of any mint, lawfully established in 1[Pakistan], any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 246. Fraudulently or dis honestly diminishing weight or altering composition of coin. Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either descriptio n for a term which may extend to three years, and shall also be liable to fine. Explanation.__ A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin. 247. Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin. Whoever fraudulently or dishonestly performs on 2[any Pakistan coin], any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c189"}}
{"text": "alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 248. Altering appearance of coin with intent that it shall pass as coin of different description. Whoever performs on any coin any operation which alters the appearance of th at coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 249. Altering appearance of Pakistan coin with intent that it shall pass as coin of different description. Whoever performs on 2[any Pakistan coin] any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 250. Delivery of coin, possessed with knowledge that it is altered. Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be comm itted, delivers such coin to any other person, or attempts to induce any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "246", "domain": "general", "chunk_id": "Pakistan Penal Code_c190"}}
{"text": "respect to it, fraudulently or with intent that fraud may be comm itted, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 251. Delivery of Pakistan coin possessed with knowledge that it is altered. Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (w.e.f 14t h October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A.O., 1949, Arts. 3(2) and 4, for \u201cBritish India\u201d. 2Subs. by A.O., 1961, Art. 2 and Sch., for \u201cany of the Queen\u2019s coin\u201d (w.e.f. 23rd March. 1956). Page 95 of 179 252. Possession of coin by person who knew it to be altered when he became possessed thereof. Whoever fraudulently or with intent", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "247", "domain": "general", "chunk_id": "Pakistan Penal Code_c191"}}
{"text": "95 of 179 252. Possession of coin by person who knew it to be altered when he became possessed thereof. Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed ther eof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 253. Possession of Pakistan coin by person who knew it to be altered when he became possessed thereof. Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 247 or 249 has been com\u00ad mitted having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered. Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "246", "domain": "general", "chunk_id": "Pakistan Penal Code_c192"}}
{"text": "a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in sections 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know t hat such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed. 255. Counterfeiting Government stamp. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with l[imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.__ A person commits this offence who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination. 256. Having possession of instrument or material for counterfeiting Government stamp. Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it i s intended to be used, for the purpose of counterfeiting", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c193"}}
{"text": "the purpose of being used, or knowing or having reason to believe that it i s intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 257. Making or selling instrument for counterfeiting Government stamp. Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. 258. Sale of counterfeit Government stamp. Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either desc ription for a term which may extend to seven years, and shall also be liable to fine. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. Page 96 of 179 259. Having possession of counterfeit Government stamp. Whoever has in his possession any stamp which he knows to be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c194"}}
{"text": "for life\u201d. Page 96 of 179 259. Having possession of counterfeit Government stamp. Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 260. Using as genuine a Government stamp known to be counterfeit. Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 261. Effacing writing from substance bearing Government stamp, or rem oving from document a stamp used for it, with intent to cause loss to Government. Whoever fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c195"}}
{"text": "in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 262. Using Government stamp known to have been before used. Whoever fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 263. Erasure of mark denoting that stamp has been used. Whoever fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of eithe r description for a term which may extend to three years, or with fine or with both. 1[263A.Prohibition of fictitious stamps.__ (1) Whoever__ (a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or (b) has in his", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c196"}}
{"text": "makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or (b) has in his possession, without lawful excuse, any fictitious stamp, or (c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to 2[six hundred rupees]. 1S. 263A ins. by the Indian Criminal Law (Amdt.) Act, 1895 (3 of 1895), s.2. 2Subs. by Ord. 86 of 02, s.2 and Sch. I. Page 97 of 179 (2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and shall be forfeited. (3) In this section \u201cfictitious stamp\u201d means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage or any facsimile or imitation or re\u00ad presentation, whether on paper or otherwise, of any stamp issued by Government for that purpose. (4) In this section and also in sections 255 to 263, both inclusive, the word \"Government\" when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorised by law to administer executive government in any part of 1[Pakistan], and also 2[* * *] in any foreign country.] CHAPTER XIII OF OFFENCES RELATING TO WEIGHTS AND MEASURES", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "17", "domain": "general", "chunk_id": "Pakistan Penal Code_c197"}}
{"text": "executive government in any part of 1[Pakistan], and also 2[* * *] in any foreign country.] CHAPTER XIII OF OFFENCES RELATING TO WEIGHTS AND MEASURES 264. Fraudulent use of false instrument for weighing. Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 265. Fraudulent use of false weight or measure. Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 266. Being in possession of false weight or measure. Whoever is in poss ession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, and intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 267. Making or selling false weight or measure. Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c198"}}
{"text": "or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. 268. Public nuisance. A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. 1Subs. by A.O., 1949, Sch., for \u201cIndia\u201d. 2The words \u201cin any part of Her Majesty\u2019s dominions or\u201d omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II. Sch. Page 98 of 179 A common nuisance is not excused on the ground that it causes some convenience or advantage. 269. Negligent act likely to spread infection of disease dangerous to life. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c199"}}
{"text": "be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 270. Malignant act likely to spread infection of disease dangerous to life. Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 271. Disobedience to quarantine rule. Whoever knowingly disobe ys any rule made and promulgated 1[by the 2[Federal] or any Provincial Government 3* * *] for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 272. Adulteration of food or d rink intended for sale. Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c200"}}
{"text": "or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 4[three thousand rupees], or with both. *273. Sale of noxious food or drink. Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 4[three thousand rupees], or with both. *274. Adulteration of drugs. Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 4[three thousand rupees], or with both. *275. Sale of adulterated drugs. Whoever, knowing any drug or medical preparation to have been adulterated in such a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c201"}}
{"text": "4[three thousand rupees], or with both. *275. Sale of adulterated drugs. Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal 1Subs. by A. O., 1937, for \u201cby the G. of I., or by any Govt.\u201d. 2Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for \u201cCentral\u201d. 3The words \u201cor the Crown Representative\u201d omitted by A.O., 1949, Sch. 4Subs. by Ord. LXXXVI of 02, s.2 & Sch.I. *An offence punishable under sections 273, 274, 275 & 276 of the Pakistan Penal Code will be tried and punished by a Military Court, See Notification No. 57/ 1 (1) 1943/AJAG/CMLA/82 dt. 16\u00ad11\u00ad82 (Ext. Gaz. IBD. Part\u00adI, dt. 21\u00ad11\u00ad82 page, 153). Page 99 of 179 purposes as unadulterated, or causes it to b e used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. *276. Sale of drug as a different drug or preparation. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c202"}}
{"text": "exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 277. Fouling water of public spring or reservoir. Whoever voluntarily corrupts or fouls the water of an y public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 1[one thousand five hundred rupees], or with both. 278. Making atmosphere noxious to health. Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to 1[one thousand five hundred rupees]. 279. Rash driving or riding on a public way. Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to 2[two years] or with fine which may extend to 1[three thousand rupees], or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c203"}}
{"text": "with imprisonment of either description for a term which may extend to 2[two years] or with fine which may extend to 1[three thousand rupees], or with both. 280. Rash navigation of vessel. Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 281. Exhibition of false light, mark or buoy. Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mi slead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 282. Conveying person by water for hire in unsafe or overloaded vessel. Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 283. Danger or obstruction in public way or line of navigation. Whoever, by doing any act, or by omitting to take order with any property", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c204"}}
{"text": "283. Danger or obstruction in public way or line of navigation. Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to 1[six hundred rupees]. 1Subs. by Ord. 86 of 02, s.2 & Sch.I. * An offence punishable under sections 273, 274, 275 & 276 of the Pakistan Penal Code will be tried and punished by a Military Court, See Notification No. 57/ 1 (1) 1943/AJAG/CMLA/82 dt. 16\u00ad11\u00ad82 (Ext. Gaz. IBD. Part\u00adI, dt. 21\u00ad11\u00ad82 page, 153). 2Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), s. 2, for \u201csix months\u201d. Page 100 of 179 284. Negligent conduct with respect to poisonous substance. Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous sub\u00ad stance, shall be punished with imprisonment of either desc ription for a term which may extend to six months, or with fine, which may extend to 1[three thousand rupees], or with both. 285. Negligent conduct with respect to fire or combustible matter. Whoever does, with fire or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c205"}}
{"text": "which may extend to 1[three thousand rupees], or with both. 285. Negligent conduct with respect to fire or combustible matter. Whoever does, with fire or any combustible matter, any act so ra shly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 286. Negligent conduct with respect to explosive substance. Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take su ch order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 287. Negligent conduct with respect to machinery. Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c206"}}
{"text": "to machinery. Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either de scription for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 288. Negligent conduct with respect to pulling down or repairing buildings. Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a t erm which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 1Subs. by Ord. 86 of 02, s.2 & Sch. I. Page 101 of 179 289. Negligent conduct with respect to animal. Whoever knowingly or negligently omits to take such order w ith any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c207"}}
{"text": "danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], or with both. 290. Punishment for public nuisance in cases not otherwise provided for. Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished wi th fine which may extend to 1[six hundred rupees]. 291. Continuance of nuisance after injunction to discontinue. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction no t to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both. 2[292. Sale, etc., of obscene books, etc. Whoever__ (a) sells, lets to hire, distributes, publicly exh ibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any othe r obscene object whatsoever, or (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or (c) takes part in or receives profits", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c208"}}
{"text": "will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or (c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene, objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported , conveyed, publicly exhibited or in any manner put into circulation, or (d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or (e) offers or attempts to do any act which is an offence under this section, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. Exception.__ This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car us ed for the conveyance of idols, or kept or used for any religious purpose.] 1Subs. by Ord. 86 of 02, s.2 & Sch.I. 2Subs. by the Obscene Publications Act, 1925 (8 of 1925), s.2, for the original section 292. Page 102 of 179 1[292A. Exposure to seduction. Whoever seduces a child by any means whatsoever with an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "292", "domain": "general", "chunk_id": "Pakistan Penal Code_c209"}}
{"text": "1925), s.2, for the original section 292. Page 102 of 179 1[292A. Exposure to seduction. Whoever seduces a child by any means whatsoever with an intent to involve him in any sexual activity or exposes him to obscene and sexually explicit material, document, a film, video or a computer generated image or attempts to do the aforementioned act, shall be punished with imprisonment of either description for a term which shall not be less than one year and may extend upto seven years or with fine which shall not be less than one hundred thousand rupees and may extend upto five hundred thousand rupees, or with both. 292B. 2[* * * * * * *] 292C. 2[* * * * * * *] 3[293. Sale, etc., of obscene objects to young person. Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.] 4[294. Obscene acts and songs. Whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene songs, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "292", "domain": "general", "chunk_id": "Pakistan Penal Code_c210"}}
{"text": "in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.] 1Ins. by Act X (Second Amdt.) of 2016, s. 4. 2ss.292B and 292C omitted by Act. XXXVII of 2023, s.13. 3 Subs. by the Obscene Publications Act, 1925 (8 of 1925), s.2 , for the original section 293. 4Subs. by the Indian Criminal Law Amdt. Act, 1895 (3 of 1895), s.3, for the original section 294. Page 103 of 179 1[294A. Keeping lottery office. Whoever keeps any office or place for the purpose of drawing any lottery 2[not being a *State lottery or a lottery authorized by the Provincial Government] shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery shall be punished with fine which may extend to 3[three thousand rupees]]. 4*[294B. Offering of prize in connection with trade, etc. Whoever offers, or undertakes to offer, in connection with any trade or business or sale of any commodity, any prize, reward or other similar consideration, by whatever name called, whether in money or kind, against any coupon, ticket,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "293", "domain": "general", "chunk_id": "Pakistan Penal Code_c211"}}
{"text": "or sale of any commodity, any prize, reward or other similar consideration, by whatever name called, whether in money or kind, against any coupon, ticket, number of figure, or by any other device, as an inducement or encouragement to trade or business or to the buying of any commodity, or for the purpose of advertisement or popularizing any commodity, and whoever publishes any such offer, shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine, or with both.] CHAPTER XV OF OFFENCES RELATING TO RELIGION 295. Injuring or defiling place of worship, with intent to insult the religion of any class. Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction , damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 5[295A. Deliberate and malicious acts intended to outrage religious feeli ngs of any class by insulting its religion or religious beliefs. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6[the citizens of Pakistan], by words, either spoken or written, or by visible representations insults or attempts to insult the religion or the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c212"}}
{"text": "class of 6[the citizens of Pakistan], by words, either spoken or written, or by visible representations insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 7[ten years], or with fine, or with both.] 8[295B. Defiling, etc., of copy of Holy Quran. Whoever wilfully defiles, damages or desecrates a copy of the Holy Quran or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.] 9[295C. Use of derogatory remark s, etc., in respect of the Holy Prophet. Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon h im) shall be punished with death, [*] and shall also be liable to fine.] 1S. 294A ins. by the Indian Penal Code Amdt.Act, 1870 (27 of 1870), s. 10. 2Subs. by A.O., 1937, for \u201cnot authorized by Government\u201d. *cease to have effect from 30\u00ad06\u00ad92 see PLD 1992, S.C. 153. 3Subs. by the Ord. 86 of 02, s.2 &Sch.I. 4S.294B added by the Pakistan Penal Code (Amdt.) Act, 1965 (20 of 1965), s. 3. 5S. 295A ins. by the Criminal Law Amdt. Act, 1927 (25 of 1927), s. 2. 6Subs. by A.O., 1961, Art. 2 and Sch., for \u201cHis Majesty's subjects\u201d (w.e.f. 23rd March 1956). 7Subs.by Act", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c213"}}
{"text": "Act, 1927 (25 of 1927), s. 2. 6Subs. by A.O., 1961, Art. 2 and Sch., for \u201cHis Majesty's subjects\u201d (w.e.f. 23rd March 1956). 7Subs.by Act XVI of 1991(Second Amendment), s. 2. 81ns. by the Pakistan Penal Code (Amdt.) Ordinance, 1982 (1 of 1982) s. 2. 9Ins. by Act III of 1986, s. 2. *Ins. 295\u00adC, the words \"or imprisonment for life\" ceased to have effect w.e.f. 30\u00ad4\u00ad91, vide Shariat Petition No. 6/L of 1987, see PLD 1991, Vol. XLIII, FSC\u00ad10. Page 104 of 179 296. Disturbing religious assembly. Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 297. Trespassing on burial places, etc. Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of s culpture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c214"}}
{"text": "corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 1[298. Uttering words, etc. with deliberate intent to wound religious feelings. Whoever, with deliberate intention of wounding or ou traging the religious feelings of any person or inciting religious, sectarian or ethnic hatred, utters any words by using loudspeaker or sound amplifier or any other device or makes any sound in the hearing of that person or makes any gesture in the sight of that person or persons, shall be punished with imprisonment of either description of a term which may extend to three years but shall not be less than one year, or with 0.5. million fine, or with both.] 2[298A. Use of derogatory remarks, etc., in respect of holy personages. Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife ( Ummul\u00adMumineen), or members of the family ( Ahle\u00adbait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa\u00ade\u00adRaashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.] 3[298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c215"}}
{"text": "extend to three years, or with fine, or with both.] 3[298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places .\u2013\u2013 (1) Any person of the Quadiani group or the Lahori group (who call themselves \u2018Ahmadis\u2019 or by any other nam e) who by words, either spoken or written, or by visible representation,__ (a) refers to, or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as \u2018 Ameer\u00adul\u00adMumineen\u2019, \u2018Khalifa\u00adtul\u00adMumineen\u2019, \u2018 Khalifa\u00ad tul\u00adMuslimeen\u2019, \u2018 Sahaabi\u2019 or \u2018 Razi Allah Anho\u2019 \u037e (b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him) as \u2018Ummul\u00adMumineen\u2019\u037e (c) refers to, or addresses, any person, other than a member of the family (Ahle\u00adbait) of the Holy Prophet Muhammad (peace be upon him), as Ahle\u00adbait\u037e or 1Subs. by Act No. IV of 2017 s. 2 (2). 2Added by the Pakistan Penal Code (Second Amendment) Ordinance, 1980 (44 of 1980), s.2. 3Added by Ord. XX of 1984, s. 3. Page 105 of 179 (d) refers to, or names, or calls, his place of worship as \u2018Masjid\u2019 \u037e shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (2) Any person of the Quadiani group or Lahori group (who call themselves \u2018Ahmadis\u2019 or by any other name) who by words, either spoken or w ritten, or by visible representation, refers", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c216"}}
{"text": "or Lahori group (who call themselves \u2018Ahmadis\u2019 or by any other name) who by words, either spoken or w ritten, or by visible representation, refers to the mode or form of call to prayers followed by his faith as \u2018Azan\u2019, or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 298C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith. Any person of the Quadiani group or the Lahori group (who call themselves \u2018Ahmadis\u2019 or by any other name), who, directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any mann er whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.] CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY OF OFFENCES AFFECTING LIFE 1[299. Definitions. In this Chapter, unless there is anything repugnant in the subject or context,__ (a) \u201cadult\u201d means a person who has attained the age of eighteen years\u037e (b) \u201carsh\u201d (\u0627\u0631\u0634) means the compensation specified in this Chapter to be paid to the victim or his heirs under this chapter\u037e (c) \u201cauthorised medical officer\u201d", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c217"}}
{"text": "\u201carsh\u201d (\u0627\u0631\u0634) means the compensation specified in this Chapter to be paid to the victim or his heirs under this chapter\u037e (c) \u201cauthorised medical officer\u201d means a medical officer or a Medical Board, howsoever designated, authorised by the Provincial Government\u037e (d) \u201cdaman\u201d (\u0636\u0645\u0627\u0646) means the compensation determined by the court to be paid by the offender to the victim for causing hurt not liable to arsh (\u0627\u0631\u0634) \u037e (e) \u201cdiyat\u201d (\u062f\u06cc\u062a ) means the compen sation specified in section 323 payable to the heirs of the victim\u037e 2[(ee) \u201cfasad\u00adfil\u00adarz\u201d includes the past conduct of the offender or whether he has any previous conviction or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience or if the offender is considered a potential danger to the community or if the offence has been committed in the name or on the pretext of honour\u037e] 1Subs. by Act II of 1997, s.7 (for sections 299 to 338). 2Ins. by Act (XLIII of 2016), s. 2. Page 106 of 179 (f) \u201cGovernment\u201d means the Provincial Government\u037e (g) \u201cikrah\u00ade\u00adtam\u201d (\u0627\u06a9\u0631\u0627\u06c1 \u062a\u0627\u0645) means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant death or instant permanent impairing of any organ of the body or instant fear of being subjected to sodomy or zina\u00adbil\u00adjabr\u037e (h) \u201cikrah\u00ade\u00adnaqis\u201d (\u0627\u06a9\u0631\u0627\u06c1 \u0646\u0627\u0642\u0635) means any form of duress which does not amount to ikrah\u00adi\u00adtam\u037e (i) \u201cminor\u201d means a person who is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "323", "domain": "general", "chunk_id": "Pakistan Penal Code_c218"}}
{"text": "sodomy or zina\u00adbil\u00adjabr\u037e (h) \u201cikrah\u00ade\u00adnaqis\u201d (\u0627\u06a9\u0631\u0627\u06c1 \u0646\u0627\u0642\u0635) means any form of duress which does not amount to ikrah\u00adi\u00adtam\u037e (i) \u201cminor\u201d means a person who is not an adult\u037e 1[(ii) \u201coffence committed in the name or on the pretext of honour\u201d means an offence committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices\u037e] (j) \u201cqatl\u201d (\u0642\u062a\u0644) means causing death of a person\u037e (k) \u201cqisas\u201d (\u0642\u0635\u0627\u0635) means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl\u00adi-amd, in exercise of the right of the victim or a wali \u037e (l) \u201cta\u2019zir\u201d (\u0631\u06cc\u062a\u0639\u0632) means punishment oth er than qisas (\u0642\u0635\u0627\u0635) ,diyat (\u062a\u06cc \u062f) ,arsh (\u0627\u0631\u0634) or daman (\u0636\u0645\u0627\u0646) \u037e and (m) \u201cwali\u201d (\u0648\u0644\u06cc) means a person entitled to claim qisas. 300. Qatl-e-amd. Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl\u00ade\u00adamd. 301. Causing death of person other than the person whose death was intended. Where a person, by doing anything which he intends or knows to be likely to cause death, causes death of any person", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c219"}}
{"text": "death was intended. Where a person, by doing anything which he intends or knows to be likely to cause death, causes death of any person whose death he neither intends nor knows himself to be likely to cause such a n act committed by the offender shall be liable for qatl\u00ade\u00adamd. 302. Punishment of qat l-i-amd. Whoever commits qatl\u00ade\u00adamd shall, subject to the provisions of this Chapter be__ (a) punished with death as qisas\u037e (b) punished with death for imprisonment for life as ta'zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in section 304 is not available\u037e or (c) punished with imprisonment of either description for a term which may extend to twenty\u00adfive years, where according to the Injunctions of Islam the punishment of qisas is not applicable 2[:] 1Ins. by Act 1 of 2005, s. 2. 2Subs. by Act XLIII of 2016, s.3. Page 107 of 179 1[Provided that nothing in clause (c) shall apply where the principle of fasad\u00adfil\u00adarz is attracted and in such cases only clause (a) or clause (b) shall apply.] 303. Qatl committed under ikrah\u00adi\u00adtam or ikrah\u00adi\u00adnaqis. Whoever commits qatl,__ (a) under ikrah\u00adi\u00adtam shall be punished with imprisonment for a term which may extend to twenty\u00adfive years but sh all not be less than ten years and the person causing ikrah\u00adi\u00adtam shall be punished for the kind of qatl committed as a consequence of his ikrah\u00adi\u00adtam\u037e or (b) under \u2018ikrah\u00adi\u00adnaqis\u2019 shall be punished", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "304", "domain": "general", "chunk_id": "Pakistan Penal Code_c220"}}
{"text": "person causing ikrah\u00adi\u00adtam shall be punished for the kind of qatl committed as a consequence of his ikrah\u00adi\u00adtam\u037e or (b) under \u2018ikrah\u00adi\u00adnaqis\u2019 shall be punished for the kind of qatl committed by him and the person causing \u2018ikrah\u00adi\u00adnaqis\u2019 shall be punished with imprisonment for a term which may extend to ten years. 304. Proof of qatl\u00adi\u00adamd liable to qisas, etc. __ (1) Proof of qatl\u00adi\u00adamd shall be in any of the following forms, namely:__ (a) the accused makes before a cou rt competent to try the offence a voluntary and true confession of the commission of the offence\u037e or (b) by the evidence as provided in Article 17 of the Qanun\u00ade\u00adShahadat, 1984 (P.O. No. 10 of 1984). (2) The provisions of sub\u00adsection (1) shall, mutatis mutandis, apply to a hurt liable to qisas. 305. Wali.__ In case of a qatl, the wali shall be__ (a) the heirs of the victim, according to his personal law 2[but shall not include the accused or the convict in case of qatl\u00adi\u00adamd if committed in the name or on the pretext of honour]\u037e and (b) the Government, if there is no heir. 306. Qatl\u00adi\u00adamd not liable to qisas.__ Qatl\u00adi\u00adamd shall not be liable to qisas in the following cases, namely:__ (a) when an offender is a minor or insane: Provided that, where a person li able to qisas associates himself in the commission of the offence with a person not liable to qisas with the intention of saving himself from qisas, he shall not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "17", "domain": "general", "chunk_id": "Pakistan Penal Code_c221"}}
{"text": "himself in the commission of the offence with a person not liable to qisas with the intention of saving himself from qisas, he shall not be exempted from qisas\u037e (b) when an offender causes death of his child or grandchild, how low\u00adso\u00adever\u037e and (c) when any wali of the victim is a direct descendant, how low\u00adso\u00adever, of the offender. 307. Cases in which Qisas for qatl\u00ade\u00adamd shall not be enforced.__ (1) Qisas for qatl\u00adi\u00adamd shall not be enforced in the following cases, namely:__ 1Subs. by Act XLIII of 2016, s.3. 2Added by Act I of 05,s.4. Page 108 of 179 (a) when the offender dies before the enforcement of qisas \u037e (b) when any wali voluntarily and without duress, to the satisfaction of the court, waives the right of qisas under section 309 or compound s under section 310\u037e and (c) when the right of qisas devolves on the offender as a result of the death of the wali of the victim, or on the person who has no right of qisas against the offender. (2) To satisfy itself that the wali has waived the right of qisas under section 309 or compounded the right of qisas under section 310 voluntarily and without duress the court shall take down the state\u00ad ment of the wali and such other persons as it may deem necessary on oath and record an opinion that it is satisfie d that the waiver or, as the case may be, the composition, was voluntary and not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "309", "domain": "general", "chunk_id": "Pakistan Penal Code_c222"}}
{"text": "oath and record an opinion that it is satisfie d that the waiver or, as the case may be, the composition, was voluntary and not the result of any duress. Illustrations (i) A kills Z, the maternal uncle of his son B. Z has no other wali except D, the wife of A. D has the right of qisas from A. But if D dies, the right of qisas shall devolve on her son B who is also the son of the offender A. B cannot claim qisas against his father. Therefore, the qisas cannot be enforced. (ii) B kills Z, the brother of her husband A. Z has no heir except A. Here A can claim qisas from his wife B. But if A dies, the right of qisas shall devolve on his son D who is also son of B, the qisas cannot be enforced against B. 308. Punishment in qatl\u00adi\u00adamd not liable to qisas, etc.__ (1) Where an offender guilty of qatl\u00adi\u00adamd is not liable to qisas under section 306 or the qisas is not enforceable under clause (c) of section 307, he shall be liable to diyat : Provided that, where the offender is minor or insane, diyat shall be payable either from his property or, by such person as may be determined by the court : Provided further that where at the time of committing qatl\u00ade\u00adamd the offender being a minor, had attained sufficient maturity or being insane, had a lucid interval, so as to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "306", "domain": "general", "chunk_id": "Pakistan Penal Code_c223"}}
{"text": "at the time of committing qatl\u00ade\u00adamd the offender being a minor, had attained sufficient maturity or being insane, had a lucid interval, so as to be able to realize the consequences of his act, he may also be punished with imprisonment of either description for a term which may extend 1[twenty-five years] as ta'zir: Provided further that, where the qisas is not enforceable under clause (c) of section 307, the offender shall be liable to diyat only if there is any wali other than offender and if there is no wali other than the offender, he shall be punished with imprisonment of either description for a term which may extend to 1[twenty-five years] as ta'zir. (2) Notwithstanding anything contained in sub\u00adsection (1), the court, having regard to the facts and circumstances of the case in addition to the punishment of diyat, may punish the offender with imprisonment of either description for a term which may extend to 1[twenty-five years], as ta'zir. 1Subs. by Act I of 05,s.5. Page 109 of 179 309. Waiver\u00adAfw (\u0639\u0641\u0648) of qisas in qatl\u00adi\u00adamd.__ (1) In the case of qatl\u00adi\u00adamd, an adult sane wali may, at any time and without any compensation, waive his right of qisas: Provided that the right of qisas shall not be waived\u00ad (a) where the Government is the wali \u037e or (b) where the right of qisas vests in a minor or insane 1[:] 1[Provided further that where the principle of fasad\u00adfil\u00adarz is attracted, waiver of qisas shall be subject to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "307", "domain": "general", "chunk_id": "Pakistan Penal Code_c224"}}
{"text": "qisas vests in a minor or insane 1[:] 1[Provided further that where the principle of fasad\u00adfil\u00adarz is attracted, waiver of qisas shall be subject to the provisions of section 311.] (2) Where a victim has more than one wali, anyone of them may waive his right of qisas: Provided that the wali who does not waive the right of qisas shall be entitled to his share of diyat. (3) Where there are more than one victim, the waiver of the right of qisas by the wali of one victim shall not affect the right of qisas of the wali of the other victim. (4) Where there are more than one offenders, the waiver of the right of qisas against one offender shall not affect the right of qisas against the other offender. 310. Compounding of qisas (Sulh) (\u0635\u0644\u0639) in qatl\u00adi\u00ad amd.__ (1) In the case of qatl\u00adi\u00adamd, an adult sane wali may, at any time on accepting badal\u00adi\u00adsulh, compound his right of qisas: 2[Provided that a female shall not be given in marriage or otherwise in badal\u00adi\u00adsulh] 1[:] 1[Provided further that where the principle of fasad\u00adfil\u00adarz is attracted, compounding of the right of qisas shall be subject to the provisions of section 311.] (2) Where a wali is a minor or an insane, the wali of such minor or insane wali may compound the right of qisas on behalf of such minor or insane wali: Provided that the value of badal\u00adi\u00adsulh shall not be less than the value of diyat.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "311", "domain": "general", "chunk_id": "Pakistan Penal Code_c225"}}
{"text": "of qisas on behalf of such minor or insane wali: Provided that the value of badal\u00adi\u00adsulh shall not be less than the value of diyat. (3) Where the Government is the wali, it may compound the right of qisas: Provided that the value of badal\u00adi\u00adsulh shall not be less than the value of diyat. (4) Where the badal\u00adi\u00adsulh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shari'ah (\u0634\u0631\u06cc\u0639\u06c1) the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat. (5) Badal\u00adi\u00adsulh may be paid or given on demand or on a deferred date as may be agreed upon between the offender and the wali. Explanation.__ In this section, Badal\u00adi\u00adsulh means the mutually agreed compensation according to Shari'ah to be paid or given by the offender to a wali in cash or in kind or in the form of moveable or immovable property. 1Subs. & added by Act XLIII of 2016, ss. 4-5. 2Subs. by Act I of 2005, s. 6. Page 110 of 179 1[310A. Punishment for giving a female in marriage or otherwise in badla\u00ade\u00adsulh, wanni or swara. Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badla\u00ade\u00adsulh, wanni, or swara or any other cus tom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c226"}}
{"text": "or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees.] 2[311. Ta'zir after waiver or compounding of right of qisas in qatl\u00adi\u00adamd.__ Where all the wali do not waive or compound the right of qisas, or if the principle of fasad\u00adfil\u00adarz is attracted, the court may, having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with death or imprisonment for life or imprisonment of either description for a term of which may extend to fourteen years as ta'zir: Provided that if the offence has been committed in the name or on the pretext of honour, the punishment shall be imprisonment for life.] 312. Qatl\u00adi\u00adamd after waiver or compounding of qisas.__ Where a wali commits qatl\u00adi\u00adamd of a convict against whom the right of qisas has been waived under section 309 or compounded under section 310, such wali shall be punished with__ (a) qisas, if he had himself waived or compounded the right of qisas against the convict or had knowledge of such waiver of composition by another wali\u037e or (b) diyat, if he had no knowledge of such waiver or composition. 313. Right of qisas in qatl\u00adi\u00adamd.__ (1) Where there is only", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "309", "domain": "general", "chunk_id": "Pakistan Penal Code_c227"}}
{"text": "wali\u037e or (b) diyat, if he had no knowledge of such waiver or composition. 313. Right of qisas in qatl\u00adi\u00adamd.__ (1) Where there is only one wali, he alone has the right of qisas in qatl\u00adi\u00adamd but, if there are more than one, the right of qisas vests in each of them. (2) If the victim__ (a) has no wali, the Government shall have the right of qisas\u037e or (b) has no wali other than a minor or insane or one of the wali is a minor or insane, the father or if he is not alive the paternal grandfather of such wali shall have the right of qisas on his behalf: Provided that, if the minor or insane wali has no father or paternal grandfather, how high\u00adso\u00adever, alive and no guardian has been appointed by the court, the Government shall have the right of qisas on his behalf. 314. Execution of qisas in qatl\u00adi\u00adamd .__ (1) Qisas in qatil\u00adi\u00adamd shall be executed by a functionary of the Government by causing death of the convict as the court may direct. (2) Qisas shall not be executed until all the wali are present at the time of execution, either personally or through their representatives authorised by them in writing in this behalf: Provided that where a wali or his representative fails to present himself on the date, time and place of execution of qisas after having been informed of the date, time and place as certified by the 1Subs. by Act", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c228"}}
{"text": "date, time and place of execution of qisas after having been informed of the date, time and place as certified by the 1Subs. by Act 26 of 2011, s.2 2Subs. by Act XLIII of 2016, s. 6. Page 111 of 179 court, an officer authorised by the court shall give permission for the execution of qisas and the Government shall cause execution of qisas in the absence of such wali. (3) If the convict is a woman who is pregnant, the court may, in consultation with an authorised medical officer, postpone the execution of qisas upto a period of two years after the birth of the child and during this period s he may be released on bail on furnishing of security to the satisfaction of the court or, if she is not so released she shall be dealt with as if sentenced to simple imprisonment. 315. Qatl shibh\u00adi-amd.__ Whoever, with intent to cause harm to the body or mind of any person, causes the death of that or of any other person by means of a weapon or an act which in the ordinary course of nature is not likely to cause death is said to commit qatl\u00adshibh\u00adi\u00ad\u2019amd. Illustration A in order to cause hurt strikes Z with a stick or stone which in the ordinary course of nature is not likely to cause death. Z dies as a result of such hurt. A shall be guilty of qatl shibh\u00adi\u00ad\u2019amd. 316. Punishment for qatl shibh\u00adi\u00ad\u2018amd .__ Whoever commits qatl", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c229"}}
{"text": "death. Z dies as a result of such hurt. A shall be guilty of qatl shibh\u00adi\u00ad\u2019amd. 316. Punishment for qatl shibh\u00adi\u00ad\u2018amd .__ Whoever commits qatl shibh -i-amd shall be liable to diyat and may also be punished with imprisonment of either description for a term which may extend to 1[twenty five years] as ta\u2019zir. 317. Person committing qatl debarred from succession .__ Where a person committing qatl\u00adi\u00ad'amd or qatl shibh\u00adi\u00ad'amd is an hei r or a beneficiary under a will, he shall be debarred from succeeding to the estate of the victim as an heir or a beneficiary. 318. Qatl-i-khata.__ Whoever, without any intention to cause the death of, or cause harm to, a person causes death of such person, either by mistake of act or by mistake of fact, is said to commit qatl\u00adi\u00adkhata. Illustration (a) A aims at a deer but misses the target and kills Z who is standing by. A is guilty of qatl\u00adi\u00adkhata. (b) A shoots at an object to be a boar but it turns out t o be a human being. A is guilty of qatl\u00adi\u00adkhata. 319. Punishment for qatl\u00adi\u00adkhata.__ Whoever commits qatl\u00adi\u00adkhata shall be liable to diyat: Provided that, where qatl\u00adi\u00adkhata is committed by any rash or negligent act, other than rash or negligent driving, the offender may, in addition to diyat, also be punished with imprisonment of either description for a term which may extend to five years as ta'zir. 320. Punishment for qatl\u00adi\u00adkhata by rash or negligent driving .__ Whoever", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c230"}}
{"text": "of either description for a term which may extend to five years as ta'zir. 320. Punishment for qatl\u00adi\u00adkhata by rash or negligent driving .__ Whoever commits qatl\u00adi\u00adkhata by rash or negligent driving shall, having regard to the facts and circumstances of the case, in addition to diyat, be punished with imprisonment of either description for a term which may extend to ten years. 1Subs. by Act I of 2005, s. 9 for \u201cFourteen Years\u201d. Page 112 of 179 321. Qatl\u00adbis\u00adsabab.__ Whoever, without any intention to cause death of, or cause harm to, any person, does any unlawful act which becomes a cause for the death of another person, is said to commit qatl\u00adbis\u00adsabab. Illustration A unlawfully digs a pit in the thoroughfare, but without any intention to cause the death of, or harm to, any person. B while passing from there falls in it and is killed. A has committed qatl\u00adbis\u00adsabab. 322. Punishment for qatl\u00adbis\u00adsabab .__ Whoever commits qatl\u00adbis\u00adsabab shall be liable to diyat. 323. Value of diyat.__ (1) The court shall, subject to the Injunctions of Islam as laid down in the Holy Quran and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty thousand six hundred and thirty grams of silver. (2) For the purpose of sub\u00adsection (1), the Federal Government shall, by notification in the official Gazette, declare the value of silver, on the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c231"}}
{"text": "silver. (2) For the purpose of sub\u00adsection (1), the Federal Government shall, by notification in the official Gazette, declare the value of silver, on the first day of July each year or on such date as it may deem fit, which shall be the value payable during a financial year. 324. Attempt to commit qatl\u00adi\u00adamd .__ Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of qatl\u00adi\u00adamd, shall be punished with imprisonment for either description for a term which may extend to ten year 1[but shall not be less than five years if the offence has been committed in the name or on the pretext of honour] and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment provided for the hurt caused: Provided that, where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years. 325. 2[* * * * * * *] 326. Thug.__ Whoever shall have been habitually associated with any other or others for the purpose of committing robbery or child\u00adstealing by means of or accompanied with qatl, is a thug. 327. Punishment.__ Whoever is a thug, shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c232"}}
{"text": "the purpose of committing robbery or child\u00adstealing by means of or accompanied with qatl, is a thug. 327. Punishment.__ Whoever is a thug, shall be punished with imprisonment for life and shall also be liable to fine. 328. Exposure and abandonment of child under twelve years by parent or person having care of it.__ Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 1Ins. by Act I of 2005, s. 10. 2Omitted by Act XXXVII of 2022, s.2. Page 113 of 179 Explanation.__ This section is not intended to prevent the trial of the offender for qatl\u00adi\u00adamd or qatl\u00adi\u00adshibh\u00adi\u00adamd or qatl\u00adbis\u00adsabab, as the case may be, if the child dies in consequence of the exposure. 1[328A. Cruelty to a child.__ Whoever willfully assaults, ill\u00adtreats, neglects, abandons or does an act of omission or commission, that results in or has, potential to harm or injure the child by causing physical or psychological injury to him shall be punished with imprisonment of either description for a term which shall not be less than one year and may extend upto three years, or with fine which shall not be less than twenty\u00adfive thousand rupees and may extend upto fifty thousand", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c233"}}
{"text": "year and may extend upto three years, or with fine which shall not be less than twenty\u00adfive thousand rupees and may extend upto fifty thousand rupees, or with both.] 329. Concealment of birth by secret disposal of dead body.__ Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 330. Disbursement of diyat .__ The diyat shall be disbursed among the heirs of the victim according to their respective shares in inheritance: Provided that, where an heir fo regoes his share, the diyat shall not be recovered to the extent of his share. 331. Payment of diyat.__ (1) The diyat may be made payable in lump sum or in instalments spread over a period of 2[five years] from the date of the final judgement. (2) Where a convict fails to pay diyat or any part thereof within the period specified in sub\u00ad section (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until the diyat is paid full or may be released on bail if he furnishes security 2[or surety] equivalent to the amount of diyat to the satisfaction of the court 2[or may be released on parole as may be prescribed", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c234"}}
{"text": "security 2[or surety] equivalent to the amount of diyat to the satisfaction of the court 2[or may be released on parole as may be prescribed by the rule]. (3) Where a convict dies before the payment of diyat or any part thereof, it shall be recovered from his estate. 332. Hurt.__ (1) Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables 3[, disfigures, defaces]or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt. (2) The following are the kinds of hurt:__ (a) Itlaf\u00adi\u00adudw\u037e (\u0627\u062a\u0644\u0627\u0641 \u0639\u0636\u0648) b) itlaf\u00adi\u00adsalahiyyat\u00adi\u00adudw\u037e (\u0627\u062a\u0644\u0627\u0641 \u0635\u0644\u0627\u062d\u06cc\u062a \u0639\u0636\u0648) c) shajjah\u037e (\u0634\u062c\u06c1) d) jurh (\u062c\u0631\u062d) ; and (e) all kinds of other hurts. 1Ins. by Act X (Second Amdt.) of 2016, s. 5. 2Subs. ins. & added by Act XV of 2010, s. 2 (w.e.f. 3\u00ad10\u00ad2007). Page 114 of 179 1[Explanation.__ disfigure means disfigurement of face or disfigurement or dismemberment of any organ or any part of the organ of the human body which impairs or injures or corrodes or deforms the symmetry or appearance of a person.] 333. Itlaf\u00adi\u00adudw.__ Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf\u00adi\u00adudw. 334. Punishment for itlaf\u00adi\u00adudw.__ Whoever by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person causes itlaf\u00adi\u00adudw of any person, shall, in consultation with", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c235"}}
{"text": "person, or with the knowledge that he is likely thereby to cause hurt to any person causes itlaf\u00adi\u00adudw of any person, shall, in consultation with the authorised medical officer, be punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir. 335. Itlaf\u00adi\u00adsalahiyyat\u00adi\u00adudw.__ Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause itlaf\u00adi\u00adsalahiyyat\u00adi\u00adudw. 336. Punishment for itlaf\u00adi\u00adsalahiyyat\u00adi\u00adudw.__ Whoever, by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes itlafi\u00adsalahiyyat\u00adi\u00adudw of any person, shall, in consultation with the authorised medical officer, be punished with qisas and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir. 1[336A. Hurt caused by corrosive substance. __ Whoever with the intention or knowingly causes or attempts to cause hurt by means of a corrosive substance or any substance which is deleterious to human body when it is swallowed, inhaled, comes", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c236"}}
{"text": "attempts to cause hurt by means of a corrosive substance or any substance which is deleterious to human body when it is swallowed, inhaled, comes into contact or received into human body or otherwise shall be said to cause hurt by corrosive substance: Explanation.__ In this sub\u00adsection, unless the context otherwise requires, \u201ccorrosive substance\u201d means a substance which may destroy, cause hurt, deface or dismember any organ of the human body and includes every kind of acid, poison, explosive or explosive substance, heating substance, noxious thing, arsenic or any other chemical which has a corroding effect and which is deleterious to human body. 336B. Punishment for hurt by corrosive substance. __ Whoever causes hurt by corrosive substance shall be punished with imprisonment for life or imprisonment of either description which shall not be less than fourteen years and a minimum fine of one million rupees.] 337. Shajjah.__ (1) Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf\u00adi\u00adudw or itlaf\u00adi\u00adsalahiyyati\u00adudw, is said to cause shajjah. (2) The following are the kinds of shajjah, namely:__ (a) Shajjah\u00adi\u00adKhafifah (\u0634\u062c\u06c1 \u062e\u0641\u06cc\u0641\u06c1) ; b) Shajjah\u00adi\u00admudihah (\u0634\u062c\u06c1 \u0645\u0648\u0636\u0639\u06c1;) 1Ins. & added by Act XXV (Second Amdt.) of 2011, s.2-3. Page 115 of 179 (c) Shajjah\u00adi\u00adhashimah (\u0634\u062c\u06c1 \u06c1\u0627\u0634\u0645\u06c1) ; d) Shajjah\u00adi\u00admunaqqilah (\u0634\u062c\u06c1 \u0645\u0646\u0642\u0648\u0644\u06c1) ; e) Shajjah\u00adi\u00adammah (\u0634\u062c\u06c1 \u0627\u0645\u06c1) ; and (f) Shajjah\u00adi\u00addamighah. (\u0634\u062c\u06c1 \u062f\u0627\u0645\u0639\u0646\u06c1) 3) Whoever causes shajjah,__ (i) without exposing bone of the victim, is said to cause shajjah\u00adi\u00adkhafifah \u037e (ii) by exposing any bone of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c237"}}
{"text": "\u062f\u0627\u0645\u0639\u0646\u06c1) 3) Whoever causes shajjah,__ (i) without exposing bone of the victim, is said to cause shajjah\u00adi\u00adkhafifah \u037e (ii) by exposing any bone of the victim without causing fracture, is said to cause shajjah\u00adi\u00admudihah \u037e (iii) by fracturing the bone of the victim, without dislocating it, is said to cause shajjah\u00adi\u00adhashimah \u037e (iv) by causing fracture of the bone of the victim and thereby bone is dislocated, is said to cause shajjah\u00adi\u00admunaqqilah \u037e (v) by causing fracture of the skull of the victim so that the wound touches the membrane of the brain, is said to cause shajjah\u00adi\u00adammah \u037e and (vi) by causing fracture of the skull of the victim and the wound ruptures the membrane of the brain is said to cause shajjah\u00adi\u00addamighah. 337A. Punishment of shajjah. Whoever, by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, causes__ (i) shajjah\u00adi\u00adkhafifah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to two years as ta'zir\u037e (ii) shajjah\u00adi\u00admudihah to any person, shall, in consultation with the authorised medical officer, be punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the convict shall be liable to arsh which shall be five per cent of the diyat and may also be punished with", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c238"}}
{"text": "Injunctions of Islam, the convict shall be liable to arsh which shall be five per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir\u037e (iii) shajjah\u00adi\u00adhashimah to any person, shall be liable to arsh which shall be ten per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir\u037e (iv) shajjah\u00adi\u00admunaqqilah to any person, shall be liable to arsh which shall be fifteen per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir\u037e (v) shajjah\u00adi\u00adammah to any person, shall be liable to arsh which shall be one\u00adthird of the diyat and may also be punished with impri sonment of either description Page 116 of 179 for a term which may extend to ten years as ta'zir \u037e and (vi) shajjah\u00adi\u00addamighah to any person shall be liable to arsh which shall be one\u00adhalf of diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta'zir. 337B. Jurh.__ (1) Whoever causes on any part of the body of a person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh. (2) Jurh \u0631\u062d\u062c is of two kinds, namely :__ (a)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c239"}}
{"text": "leaves a mark of the wound, whether temporary or permanent, is said to cause jurh. (2) Jurh \u0631\u062d\u062c is of two kinds, namely :__ (a) Jaifah \u062c\u0627\u0626\u0641\u06c1 ;and (b) Ghayr\u00adjaifah. \u063a\u06cc\u0631 \u062c\u0627\u0626\u0641\u06c1 337C. Jaifah.__ Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah. 337D. Punishment for jaifah.__ Whoever by doing any act with the intention of causing hurt to a person or with the knowledge that he is likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh which shall be one\u00adthird of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir. 337E. Ghayr\u00adjaifah.__ (1) Whoever causes jurh which does not amount to jaifah, is said to cause ghayr\u00adjaifah. (2) The following are the kinds of ghayr\u00adjaifah, namely: (a) Damiyah\u037e \u062f\u0627\u0645\u06cc\u06c1 ; b) badi\u2019ah\u037e \u0628\u0627\u0636\u063a\u06c1 ; c) mutalahimah\u037e \u0645\u062a\u0644\u0627 \u062d\u0635\u06c1 ; d) mudihah\u037e \u0645\u0648\u0636\u0639\u06c1 ; e) hashimah \u06c1\u0627\u0634\u0645\u06c1 \u037e and (f) munaqqilah. \u0645\u0646\u0642\u0644\u06c1 ; 3) Whoever causes ghayr\u00adjaifah__ (i) in which the skin is ruptured and bleeding occurs, is said to cause damiyah \u037e (ii) by cutting or incising the flesh without exposing the bone, is said to cause badi'ah \u037e (iii) by lacerating the flesh, is said to cause mutalahimah\u037e (iv) by exposing the bone, is said to cause mudihah\u037e Page 117 of 179 (v) by causing fracture of a bone without dislocating it, is said to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c240"}}
{"text": "exposing the bone, is said to cause mudihah\u037e Page 117 of 179 (v) by causing fracture of a bone without dislocating it, is said to cause hashimah\u037e and (vi) by fracturing and dislocating the bone, is said to cause munaqqilah. 337F. Punishment of ghayr\u00adjaifah. Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes__ (i) damiyah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year as ta'zir\u037e (ii) badi\u2019ah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir\u037e (iii) mutalahimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir\u037e (iv) mudihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir\u037e (v) hashimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta\u2019zir\u037e and (vi) munaqqilah to any person, shall be liable to daman and may also be punish ed with imprisonment of either description", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c241"}}
{"text": "years as ta\u2019zir\u037e and (vi) munaqqilah to any person, shall be liable to daman and may also be punish ed with imprisonment of either description for a term which may extend to seven years as ta'zir. 337G. Punishment for hurt by rash or negligent driving . Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir. 337H. Punishment for hurt by rash or negligent act. __(1) Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir. (2) Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. 337I. Punishment for causing hurt by mistake (khata).__ Whoever causes hurt by mistake (Khata) shall be liable to arsh or daman specified for the kind of hurt caused. 337J. Causing hurt by means of a poison .__ Whoever administers to, or causes to be taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c242"}}
{"text": "a poison .__ Whoever administers to, or causes to be taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an Page 118 of 179 offence, or knowing it to be likely that he will thereby cause hurt may, in addition to the punishment or arsh or daman provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years. 337K. Causing hurt to extort confession, or to compel restorati on of property .__ Whoever causes hurt for the purpose of extorting from the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore, or to cause the restoration of, any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security shall, in addition to the punishment of qisas, arsh or daman, as the case may be, provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c243"}}
{"text": "of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years as ta\u2019zir. 337L. Punishment for other hurt.__ (1) Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer is to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with imprisonment of either description for a term which may extend to seven years. (2) Whoever causes hurt not covered by sub\u00adsection (1) shall be punished with imprisonment of either description for a term which may extend to two years, or with daman or with both. 337M. Hurt not liable to qisas .__ Hurt shall not be liable to qisas in the following cases, namely:__ (a) when the offender is a minor or insane: Provided that he shall be liable to arsh and also to ta'zir to be determined by the court having regard to the age of offender, circumstances of the case and the nature of hurt caused\u037e (b) when an offender at the instance of the victim causes hurt to him: Provided that the offender may be liable to ta'zir provided for the kind of hurt caused by him\u037e (c) when the offender has caused itlaf\u00adi\u00adudw of a physically imperfect organ of the victim and the convict does not suffer from similar physical", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c244"}}
{"text": "him\u037e (c) when the offender has caused itlaf\u00adi\u00adudw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ: Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him\u037e and (d) when the organ of the offender liable to qisas is missing: Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided for the kind of hurt caused by him. Page 119 of 179 Illustrations (i) A amputates the right ear of Z, the half of which was already missing. If A\u2019s right ear is perfect, he shall be liable to arsh and not qisas. (ii) If in the above illustration , Z\u2019s ear is physically perfect but wi thout power of hearing, A shall be liable to qisas because the defect in Z's ear is not physical. (iii) If in illustration (i) Z\u2019s ear is pierced. A shall be liable to qisas because such minor defect is not physical imperfection. 337N. Cases in which qisas for hurt shall not be enforced.__ (1) The qisas for a hurt shall not be enforced in the following cases, namely :__ (a) when the offender dies before execution of qisas ; (b) when the organ of the offender liable to qisas is lost before the execution of qisas: Provided that offender shall be liable to arsh, and may also be liable", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c245"}}
{"text": "the offender liable to qisas is lost before the execution of qisas: Provided that offender shall be liable to arsh, and may also be liable to ta'zir provided for the kind of hurt caused by him\u037e (c) when the victim waives the qisas or compounds the offence with badl\u00adi\u00adsulh \u037e or (d) when the right of qisas devolves on the person who cannot claim qisas against the offender under this Chapter: Provided that the offender shall be liable to arsh, if there is any wali other than the offender, and if there is no wali other than the offender he shall be liable to ta'zir provided for the kind of hurt caused by him. (2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the court may, having regard to the kind of hurt caused by him, in addition to payment of arsh, award ta'zir to an offender who is a previous convict, habitual or hardened, desperate of dangerous criminal 1[or the offence has been committed by him in the name or on the pretext of honour]1[:] 1[Provided that the ta\u2019zir shall not be less than one\u00adthird of the maximum imprisonment provided for the hurt caused if the offender is a previous convict, habitual, hardened, desperate or dangerous criminal or if the offence has been committed by him in the name or on the pretext of honour.] 337O. Wali in case of hurt. In the case of hurt the wali shall be\u2013 (a) the victim: Provided that, if", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c246"}}
{"text": "the pretext of honour.] 337O. Wali in case of hurt. In the case of hurt the wali shall be\u2013 (a) the victim: Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his father or paternal grandfather, how\u00adhigh\u00adso\u00adever\u037e (b) the heirs of the victim, if the later dies before the execution of qisas \u037e and (c) the Government, in the absence of the victim or the heirs of the victim. 1Added, subs & ins. by Act I of 05, s.11. Page 120 of 179 337P. Execution of qisas for hurt.__ (1) Qisas shall be executed in public by an authorized medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed the hurt caused by him to the victim. (2) The wali shall be present at the time of execution and if the wali or his representative is not present, after having been informed of the date, time and place by the court an officer authorised by the court in this behalf shall give permission for the execution of qisas. (3) If the convict is a woman who is pregnant, the court may, in consultation with an authorised medical officer, postpone the execution of qisas up to a period of two years after the birth of the child and during this period she may be released on bail on furnishing", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c247"}}
{"text": "up to a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the court or, if she is not so released, shall be dealt with as if sentenced to simple imprisonment. 337Q. Arsh for single organs. The arsh for causing itlaf of an organ which is found singly in a human body shall be equivalent to the value of diyat. Explanation.__ Nose and tongue are included in the organs which are found singly in a human body. 337R. Arsh for organs in pairs.__ The arsh for causing itlaf of organs found in a human body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be one\u00adhalf of the diyat : Provided that, where the victim has only one such organ or his other organ is missing or has already become incapacitated the arsh for causing itlaf of the existing or capable organ shall be equal to the value of diyat. Explanation.__ Hands, feet, eyes, lips and breasts are included in the organs which are found in a human body in pairs. 337S. Arsh for the organs in quadruplicate . The arsh for causing itlaf of organs found in a human body in a set of four shall be equal to__ (a) one\u00adfourth of the diyat, if the itlaf is one of such organs\u037e (b) one\u00adhalf", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c248"}}
{"text": "body in a set of four shall be equal to__ (a) one\u00adfourth of the diyat, if the itlaf is one of such organs\u037e (b) one\u00adhalf of the diyat, if the itlaf is of two of such organs\u037e (c) three\u00adfourth of the diyat, if the itlaf is of three such organs\u037e and (d) full diyat, if the itlaf is of all the four organs. Explanation.__ Eyelids are organs which are found in a human body in a set of four. 337T. Arsh for fingers.__ (1) The arsh for causing itlaf of a finger of a hand or foot shall be one\u00ad tenth of the diyat. (2) The arsh for causing itlaf of a joint of a finger shall be one\u00adthirteenth of the diyat : Page 121 of 179 Provided that where the itlaf is of a joint of a thumb, the arsh shall be one\u00adtwentieth of the diyat. 337U. Arsh for teeth.__ The arsh for causing itlaf of a tooth, other than a milk tooth shall be one\u00adtwentieth of the diyat. Explanation.__ The impairment of the portion of a tooth outside the gum amounts to causing itiaf of a tooth. (2) The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat. (3) Where the itlaf is of a milk tooth, the accused shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year: Provided that, where itlaf of a milk", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c249"}}
{"text": "may also be punished with imprisonment of either description for a term which may extend to one year: Provided that, where itlaf of a milk tooth impedes the growth of a new tooth, the accused shall be liable to arsh specified in sub\u00adsection (1). 337V. Arsh for hair.__ (1) Whoever uproots__ (a) all the hair of the head, beard, mustaches, eyebrow, eyelashes or any other part of the body shall be liable to arsh equal to diyat and may also be punished with imprisonment of either description for a term which may exte nd to three years as ta'zir\u037e (b) one eyebrow shall be liable to arsh equal to one\u00adhalf of the diyat \u037e and (c) one eyelash, shall be liable to arsh equal to one\u00adfourth of the diyat. (2) Where the hair of any part of the body of the victim are forcibly removed by any process not covered under sub\u00adsection (1), the accused shall be liable to daman and imprisonment of either description which may extend to one year. 337W. Merger of arsh.__ (1) Where an accused causes more than one hurt, he shall be liable to arsh specified for each hurt separately: Provided that, where__ (a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ\u037e and (b) the wounds join together and form a single wound, the accused shall be liable to arsh for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c250"}}
{"text": "to any part of such organ\u037e and (b) the wounds join together and form a single wound, the accused shall be liable to arsh for one wound. Illustrations (i) A amputates Z\u2019s fingers of the right hand and then at the same time amputates that hand from the joint of his wrist. There is separate arsh for hand and for fingers. A shall, however, be liable to arsh specified for hand only. (ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into one wound. A shall be liable to arsh for one wound only. Page 122 of 179 (2) Where, after causing hurt to a person, the offender causes death of such person by committing qatl liable to diyat, arsh shall merge into such diyat : Provided that the death is caused before the healing of the wound caused by such hurt. 337X. Payment of arsh.__ (1) The arsh may be made payable in a lump sum or in instalments spread over a period of 1[five years] from the date of the final judgement. (2) Where a convict fails to pay arsh or any part thereof wi thin the period specified in sub\u00adsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until arsh is paid in full or may be released on bail if he furnishes security 1[or surety] equal to the a mount of arsh", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c251"}}
{"text": "until arsh is paid in full or may be released on bail if he furnishes security 1[or surety] equal to the a mount of arsh to the satisfaction of the court 1[or may be released on parole as may be prescribed by the rules.] (3) Where a convict dies before the payment of arsh or any part thereof, it shall be recovered from his estate. 337Y. Value of daman.__ (1) The value of daman may be determined by the court keeping in view. (a) the expenses incurred on the treatment of victom \u037e (b) loss or disability caused in the functioning or power of any organ\u037e and (c) the compensation for the anguish suffered by the victim;. 1[(1a) The daman may be made payable in lump sum or in installments spread over a period of five years from the date of the final judgement.] and 1[(2) Where a convict fails to pay daman or any part thereof within the period specified in sub\u00ad section (la), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until daman is paid in full or may be released on bail if he furnishes security or surety equivalent to the amount of daman to the satisfaction of the court or may be released on parole as may be prescribed by the rules.] 337Z. Disbursement of arsh or daman.__ The arsh or daman shall be payable to the victim or, if the victim dies, to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c252"}}
{"text": "by the rules.] 337Z. Disbursement of arsh or daman.__ The arsh or daman shall be payable to the victim or, if the victim dies, to his heirs according to their respective shares in inheritance. 338. Isqat\u00adi\u00adHamal(\u0627\u0633\u0642\u0627\u0637 \u062d\u0645\u0644) .__ Whoever causes a woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the women, or providing necessary treatment to her, is said to cause 'isqat\u00adi\u00adhaml'. Explanation.__ A women who causes herself to miscarry is within the meaning of this section. 338A. Punishment for Isqat\u00adi\u00adhaml .__ Whoever causes isqat\u00adi\u00adhaml shall be liable to punishment as ta'zir__ 1Subs, ins & added by Act XV of 2010, ss.3\u00ad4 (w.e.f. 3\u00ad10\u00ad2007). Page 123 of 179 (a) with imprisonment of either description for a term which may extend to th ree years, if isqat\u00adi\u00adhaml is caused with the consent of the woman\u037e or (b) with imprisonment of either description for a term which may extend to ten years, if isqat\u00adi\u00adhaml is caused without the consent of the woman : Provided that, if as a result of isqat\u00adi\u00adhaml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be. 338B. Isqat\u00adi\u00adjanin (\u0646\u06cc \u0627\u0633\u0642\u0627\u0637 \u062c\u0646).__ Whoever causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c253"}}
{"text": "a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause isqat\u00adi\u00adjanin. Explanation.__ A woman who causes hereself to miscarry is within the meaning of this section. 338C. Punishment for Isqat\u00adi\u00adjanin.__ Whoever causes Isqat\u00adi\u00adjanin shall be liable to__ (a) one\u00adtwentieth of the diyat if the child is born dead\u037e (b) full diyat if the child is born alive but dies as a result of any act of the offender\u037e and (c) imprisonment of either description for a term which may extend to seven years as ta'zir: Provided that, if there are more than on e child in the womb of the woman, the offender shall be liable to separate diyat or ta'zir, as the case may be, for every such child: Provided further that if, as a result of isqat\u00adi\u00adjanin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be. 338D. Confirmation of sentence of death by way of qisas or ta\u2019zir, etc.__ A sentence of death awarded by way of qisas or ta\u2019zir, or a sentence of qisas awarded for causing hurt, shall not be executed, unless it is confirmed by the High Court. 338E. Waiver or compounding of offences.__ (1) Subject to the provisions of this Chapter and section 345 of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "345", "domain": "general", "chunk_id": "Pakistan Penal Code_c254"}}
{"text": "it is confirmed by the High Court. 338E. Waiver or compounding of offences.__ (1) Subject to the provisions of this Chapter and section 345 of the Code of Criminal Procedure, 1898 (V of 1898), all offences under this Chapter may be waived or compounded and the provisions of sections 309 1[,310 and 311] shall, mutatis mutandis, apply to the waiver or compounding of such offences: Provided that, where an offence has been waived or compounded, the court may, in its discretion having regard to the facts and circumstances of the case, acquit or award ta\u2019zir to the offender according to the nature of the offence 2[:] 1[Provided further that where an offence under this Chapter has been committed and the principle of fasad\u00adfil\u00adarz is attracted, the court having regard to the facts and circumstances of the case shall punish an offender with imprisonment or fine as provided for that offence.] 1Subs. by Act XLIII of 2016, s. 7. 2Subs. by Act I of 05, s.12. Page 124 of 179 (2) All questions relatin g to waiver or compounding of an offence or awarding of punishment under section 310, whether before or after the passing of any sentence, shall be determined by trial court : Provided that where the sentence of qisas or any other sentence is waived or com pounded during the pendency of an appeal, such questions may be determined by the appellate court. 338F. Interpretation.__ In the interpretation and application of the provisions of this Chapter, and in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "345", "domain": "general", "chunk_id": "Pakistan Penal Code_c255"}}
{"text": "appeal, such questions may be determined by the appellate court. 338F. Interpretation.__ In the interpretation and application of the provisions of this Chapter, and in respect of matter ancillary or akin thereto, the court shall be guided by the Injunctions of Islam as laid down in the Holy Quran and Sunnah. 338G. Rules.__ 1[(1)] The Government may, in consultation with the Council of Islamic Ideology, by notification in the official Gazette, make such rules as it may cons ider necessary for carrying out the purposes of this Chapter. 1[(2) Notwithstanding anything contained in sub\u00adsection (1), the Federal Government may, by Notification in the official Gazette, make rules regarding the following matters, namely:__ (a) providing mechanism for creation of a fund, which shall be non\u00adlapsable and exempted from taxes, for the purpose of making of payment of diyat, arsh and daman of the convicts, who, on account of poverty and weak financial position are confined in jails for want of making the said payment\u037e (b) facility of extending soft loans out of the said fund to the convicts enabling them to satisfy the claim of legal heirs of the deceased or victims in respect of diyat, arsh and daman\u037e (c) in appropriate cases release of such prisoners on parole by the court who after having served out the substantive sentence of imprisonment, if any, are confined in jails on account of non\u00adpayment of diyat, arsh and daman\u037e (d) providing jobs to the said convicts, other than the Government dep artment in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c256"}}
{"text": "in jails on account of non\u00adpayment of diyat, arsh and daman\u037e (d) providing jobs to the said convicts, other than the Government dep artment in the work places attached with the jails or through the social organizations or philanthropists, enabling the convicts to disburse the amount paid out of the fund or extended through loans\u037e (e) mechanism for protecting rights of the victims for the purpose of diyat, arsh and daman\u037e and (f) any other matter for which the rules may be necessary to carry out the aforesaid purposes.] 338H. Saving.__ (1) Nothing in this Chapter, except sections 309, 310 and 338E, shall apply to cases pending before any court immediately before the commencement of the Criminal Law (Second Amendment) Ordinance, 1990 (VII of 1990), or to the offences committed before such commencement]. 1Re\u00adnumbered & added by Act XV of 2010, s.5 (w.e.f. 3\u00ad10\u00ad2007) Page 125 of 179 1[CHAPTER XVI A] OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT 339. Wrongful restraint. Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception.__ The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass, A not believing in good faith that he has", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c257"}}
{"text": "of this section. Illustration A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. 340. Wrongful confinement. Whoever wrongfully restrains any person in such a manner as to prevent that pers on from proceeding beyond certain circumscribing limits, is said \u201cwrongfully to confine\u201d that person. Illustrations (a) A causes Z to go within a walled space, and locks Z in. Z is than prevented from proceeding in any direction beyond the circumscribing l ine of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z. 341. Punishment for wrongful restrains. Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 2[one thousand five hundred rupees], or with both. 342. Punishment for wrongful confinement. Whoever wrongfully confines any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to 2[three thousand rupees], or with both. 343. Wrongful confinement for three or more days. Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c258"}}
{"text": "more days. Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 344. Wrongful confinement for ten or more days. Whoever wrongfully confines any p erson for ten days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 345. Wrongful confinement of person for whose liberation writ has been issued. Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter. 1Ins. by Act No II of 1997, s.7. 2Subs. by Ord. 86 of 02, s.2 & Sch.I. Page 126 of 179 346. Wrongful confinement in secret. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c259"}}
{"text": "by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement. 347. Wrongful confinement to extort property or cons train to illegal act. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 348. Wrongful confinement to extort confession, or compel restoration of property. Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any in formation which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c260"}}
{"text": "to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 1Of Criminal Force and Assault 349. Force. A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling : Provided that the person causing the m otion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described : First.__By his own bodily power. Secondly.__ By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. Thirdly.__ By inducing any animal to move, to change its motion, or to cease to move. 350. Criminal force. Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c261"}}
{"text": "without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. Illustrations (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally lAs to punishment for an offence under s. 354 enquired into by a Council of Elders in a Punjab Frontier District, in the N.W.F.P. or in Baluchistan see the Frontier Crime Regulation, 1901 (3 of 1901), s.12. Page 127 of 179 causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person\u2019s part. A has therefore intentionally used force to Z\u037e and if he has done so without Z\u2019s consent, in order to the committing of any offence, or intending or knowin g it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding in a chariot. A lashes Z\u2019s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c262"}}
{"text": "thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z\u037e and if A has done this without Z\u2019s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z\u037e and as A has acted thus intentionally, without Z\u2019s consent, in order to the commission of an offence. A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentiona lly used force to Z\u037e and if he has done so without Z\u2019s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z\u2019s clothes, or with something carried by Z, or that it will strike water, and dash up the water against Z\u2019s", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c263"}}
{"text": "with Z, or with Z\u2019s clothes, or with something carried by Z, or that it will strike water, and dash up the water against Z\u2019s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z\u2019s clothes, A has used force to Z\u037e and if he did so without Z\u2019s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. (g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z\u2019s sense of feeling: A has therefore intentionally used force to Z\u037e and if he has done this without Z\u2019s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. (h) A incites a dog to spring upon Z, without Z\u2019s consent. Here, if A i ntends to cause injury, fear or annoyance to Z, he uses", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c264"}}
{"text": "incites a dog to spring upon Z, without Z\u2019s consent. Here, if A i ntends to cause injury, fear or annoyance to Z, he uses criminal force to Z. 351. Assault. Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that h e who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Page 128 of 179 Explanation.__ Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a mea ning as may make those gestures or preparations amount to an assault. Illustrations (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending, or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, \u201cI wi1l give you a beating\u201d. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c265"}}
{"text": "in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault. 352. Punishment for assault or criminal force otherwise than on grave provocation. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 1[one thousand five hundred rupees], or with both. Explanation.\u2013\u2013 Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. 353. Assault or criminal force to deter public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c266"}}
{"text": "the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 354. Assault or criminal force to woman with intent to outrage her modesty. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of e ither description for a term which may extend to two years, or with fine, or with both. 2[354A. Assault or use of criminal force to woman and stripping her of her clothes._ Whoever assaults or uses criminal force to any women and strips her of her clothes and, in that condition, exposes 1Subs. by Ord. No. 86 of 2002, s.2 and Sch\u00adI. 2Ins. by Ord. XXIV of 1984, s.2. Page 129 of 179 her to the public view, shall be punished 1[***] with imprisonment for life, and shall also be liable to fine.] 355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c267"}}
{"text": "grave provocation. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 356. Assault or criminal force in attempt to commit theft of property carried by a person. Whoever assaults or uses criminal force to any person i n attempting to commit theft on any property which that person is then wearing or carrying shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 357. Assault or criminal force in att empt wrongfully to confine a person. Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to 2[three thousand rupees], or with both. 358. Assault or criminal force on grave provocation. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to 2[six hundred rupees], or with both. Explanation.__ The last section is subject to the same Explanation as section 352. Of Kidnapping, Abduction, Slavery and Forced Labour 359.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "352", "domain": "general", "chunk_id": "Pakistan Penal Code_c268"}}
{"text": "rupees], or with both. Explanation.__ The last section is subject to the same Explanation as section 352. Of Kidnapping, Abduction, Slavery and Forced Labour 359. Kidnapping. Kidnapping is of two kinds: kidnapping from 3[Pakistan], and kidnapping from lawful guardianship. 360. Kidnapping from Pakistan. Whoever conveys any person beyond the limits of 3[Pakistan] without the consent of that person, or of some person l egally authorised to consent on behalf of that person, is said to kidnap that person from 3[Pakistan]. 361. Kidnapping from lawful guardianship. Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a fe male, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.__ The words \u201clawful guardian\u201d in this section include any person lawfully entrusted with the care or custody of such minor or other person. Exception.__ This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. 362. Abduction. Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "352", "domain": "general", "chunk_id": "Pakistan Penal Code_c269"}}
{"text": "purpose. 362. Abduction. Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. 1Omitted by the Criminal Laws (Amendment) Act, 2025 (Act No. XXVII of 2025), s.2 2Subs. by Ord. No. 86 of 2002, s.2 and Sch\u00adI. 3Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955). Page 130 of 179 363. Punishments for kidnapping. Whoever kidnaps any person from 1[Pakistan] or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 364. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 2[imprisonment for life] or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A kidnaps Z from 1[Pakistan], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. 3[364A. Kidnapping or abducting a person under the 4[age of fourteen]. Whoever kidnaps or abducts any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c270"}}
{"text": "A has committed the offence defined in this section. 3[364A. Kidnapping or abducting a person under the 4[age of fourteen]. Whoever kidnaps or abducts any person under the 4[age of fourteen] in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall be punished with death or with 2[imprisonment for life] or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than seven years.] 365. Kidnapping or ab ducting with intent secretly and wrongfully to confine person. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may ext end to seven years, and shall also be liable to fine. 4[365A. Kidnapping or abducting for extorting property, valuable security, etc.__ Whoever kidnaps or abducts any person for the purpose of extorting from the person kidnapped or abducted, or from any pe rson interested in the person kidnapped or abducted, any property, whether movable or immovable, or valuable security, or to compel any person to comply with any other demand, whether in cash or otherwise, for obtaining release of the person kidnapped or abducted, shall be punished with 5[death or] imprisonment for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c271"}}
{"text": "any other demand, whether in cash or otherwise, for obtaining release of the person kidnapped or abducted, shall be punished with 5[death or] imprisonment for life and shall also be liable to forfeiture of property.] 6[365B. Kidnapping, abducting or inducting woman to compel for marriage etc .__ Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also be liable to fine\u037e and whoever by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or 1Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A. O., 1949, Arts. 3(2) ad 4, for \u201cBritish India\u201d. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 3S. 364A ins. by the Criminal Laws Amdt. Act, 1958 (34 of 1958), s. 2. 4Subs. & Ins. by Act III of 1990, s.2 & s.3. 5Ins. by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c272"}}
{"text": "by the Criminal Laws Amdt. Act, 1958 (34 of 1958), s. 2. 4Subs. & Ins. by Act III of 1990, s.2 & s.3. 5Ins. by Act II of 1991, s.2. 6Ins. by Act. VI of 06, ss. 2 & 3. Page 131 of 179 knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.] 1366. [Kidnapping, abducting or inducing woma n to compel her marriage, etc.] Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), s. 19 (w.e.f. the 10th day of February, 1979). 2[366A. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which m ay extend to ten years and shall also be liable to fine.] 3[366B. Importation of girl from foreign country. Whoever imports into Pakistan from any country outside Pakistan any girl under the age of twenty\u00adone years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.] 367. Kidnapping or abducting in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c273"}}
{"text": "another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.] 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, 4* * * or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 5[367A. Kidnapping or abducting in order to subject person to unnatural lust. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disp osed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty\u00adfive years, and shall also be liable to fine.] 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c274"}}
{"text": "or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement. 369. Kidnapping or abducting child under ten years with intent to steal from its persons. Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any moveable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 369A. 6* * * * * * * 1 This section was amended by the Indian Penal Code (Arndt.) Act, 1923 (20 of 1923), s. 2. 2 Ss. 366A and 366B were ins. ibid., s. 3. 3 Section 366B as amended by A. 0., 1949, Ord. 21 of 1960. Ord. 1 of 1961 have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. 4 The words \u201cor to the unnatural lust of any person,\u201d omitted by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (7 of 1979),s.19 (w.e.f. 10th Fehruary,1979). 5 Ins. by Act VI of 06, ss.2-3. 6Omitted by Act XXXIV of 2018,s.16(3). Page 132 of 179 370. Buying or disposing of any person as a slave. Whoever imports, exports, removes, buys, sells", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "366B", "domain": "general", "chunk_id": "Pakistan Penal Code_c275"}}
{"text": "by Act XXXIV of 2018,s.16(3). Page 132 of 179 370. Buying or disposing of any person as a slave. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with impri sonment of either description for a term which may extend to seven years, and shall also be liable to fine. 371. Habitual dealing in slaves. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 2[371A.__ Selling person for purposes of prostitution, etc . Whoever sells, lets to hire, or otherwise disposes of any per son with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty\u00adfive years, and shall also be liable to fine. Explanations.__ (a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c276"}}
{"text": "any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. (b) For the purposes of this section and section 371B, \u201cillicit intercourse\u201d means sexual intercourse between persons not united by marriage. 371B. Buying person for purposes of prostitution, etc .__ Whoever buys, hires or otherwise obtains possession of any person with intent that such person sha ll at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty\u00adfive years, and shall also be liable to fine. Explanation.__ Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the c ontrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.] 3372. [Selling minor for purposes of prostitution, etc.] Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VIl of 1979), s. 19 (w.e.f. the 10th day of February, 1979). 3373. [Buying minor for purposes of prostitution, etc.] Rep. by the Offence of Zina (Enforcement of Hudood)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "371B", "domain": "general", "chunk_id": "Pakistan Penal Code_c277"}}
{"text": "19 (w.e.f. the 10th day of February, 1979). 3373. [Buying minor for purposes of prostitution, etc.] Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VlI of 1979), s. 19 (w.e.f the 10th day of February, 1979). 4[374. Unlawful compulsory labour.__ (1)] Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 1Subs. by the Law Reforms Ordinance, 1972, (12 of 1972), s.2, and Sch., for \u201ctransportation of life\u201d 2Ins. by Act. VI of 06, s. 4. 3This section was amended by the Indian Penal Code (Amdt.) Act, 1924 (5 of 1924) s. 2 and the Indian Criminal Law (Amdt.) Act, 1924 (18 of 1924), s.2. 4S. 374 was re\u00adnumbered as sub\u00adsection (1) of that section by the Pakistan Penal Code (Amdt.) Act, 1958 (36 of 1958), s. 2. Page 133 of 179 1[(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of Pakistan shall be punished with imprisonment of either description for a term which may extend to one year. Explanation.__ In this section the expressions \u201cprisoner of war\u201d and \u201cprotected person\u201d shall have the same meaning as have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "4", "domain": "general", "chunk_id": "Pakistan Penal Code_c278"}}
{"text": "the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, ratified by Pakistan on the second June, 1951.] Of Rape 3[2[375. Rape.__ A person A is said to commit \u201crape\u201d if A__ (a) penetrates his penis, to any extend, into the vagina , mouth, urethra or anus of another person B or makes B to do so with A or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of B or makes B to do so with A or any other person; or (c) manipulates any part of the body of B so as to cause penetration into the vagina, urethra, anus or any part of body of B or makes B to do so with A or any other person; or (d) applies his mouth to the vagina, anus, urethra or penis of B or makes B to do so with A or any other person, under the circumstances falling under any of the following seven descriptions,\u2014 firstly, against B\u2019s will; secondly, without B\u2019s consent; thirdly, with B\u2019s consent, which has been obtained by putting B or any person in whom B is interested, in fear of death or of hurt; fourthly, with B\u2019s consent, when A knows that A is not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "4", "domain": "general", "chunk_id": "Pakistan Penal Code_c279"}}
{"text": "any person in whom B is interested, in fear of death or of hurt; fourthly, with B\u2019s consent, when A knows that A is not B\u2019s husband and that B\u2019s consent is given because B believes that A is another man to whom B is or believes herself to be lawfully married; fifthly, with B' s consent when at the time of giving such consent, by reason of un-soundness of mind or intoxication or the administration by A personally or through another of any stupefying or un -wholesome substance, B is unable to understand the nature and consequences of that to which B gives consent; sixthly, with or without B's consent, when B is under sixteen years of age; or seventhly, when B is unable to communicate consent. 1Sub\u00adsection (2) added by the Pakistan Penal Code (Amdt.) Act, 1958 (36 of 1958), s. 2. 2Subs. by Act LVI of 2021, s.2. 3Ins. by Act VI of 2006, s.5. Page 134 of 179 Explanation 1.\u2014For the purposes of this section, \u201cvagina\u201d shall also include labia majora. Explanation 2 .\u2014 Consent means an un -equivocal voluntary agreement when B by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that if B who does not physically resists to the act of penetration, it shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Explanation 3.\u2014 In this Chapter,\u2014 \u201cperson\u201d means male, female or transgender,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c280"}}
{"text": "the reason only of that fact, be regarded as consenting to the sexual activity. Explanation 3.\u2014 In this Chapter,\u2014 \u201cperson\u201d means male, female or transgender, and \u201crape\u201d includes \u201cgang rape\u201d. Explanation 4.\u2014 A bonafide medical procedure or intervention shall not constitute rape. 1[375A. Gang rape.\u2014 Where a person is raped by one or more persons constituting a group or acting in furtherance of a common intention. each of those persons shall be guilty of the offence of gang rape and shall be punished with death or for imprisonment for the remainder period of natural life or imprisonment for life and fine.] 376. Punishment for rape. __ (1) Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten years or more than twenty\u00adfive years 1[or for imprisonment for the remainder period of his natural life] and shall also be liable to fine. 3[(1A) Whoever commits an offence punishable under sub\u00adsection (1) or sub\u00adsection (2) or section 377 or section 377B and in the course of such commission causes any hurt punishable as an offence under section 333, section 335, clauses (iv), (v) and (vi) of sub\u00adsection (3) of section 337, section 337C, clauses (v) and (vi) of section 337F shall be punished with death or imprisonment for life and fine.] (2) 2[* * * * * * *]] 3[(3) Whoever commits rape of a minor or a person with mental or physical disability shall be punished with death", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "377", "domain": "general", "chunk_id": "Pakistan Penal Code_c281"}}
{"text": "* * * * *]] 3[(3) Whoever commits rape of a minor or a person with mental or physical disability shall be punished with death or imprisonment for life and fine. (4) Whoever being a public servant including a police officer, medical officer or jailor, taking advantage of his official position, commits rape shall be punished with death or imprisonment for life and fine.] 3[376A. Disclosure of identity of victim of rape, etc.__ (1) Whoever prints or publishes name or any matter which may make known identity of victim, against whom an offence under sections 354A, 376, 376A, 377 and 377B is alleged or found to have been committted, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. 1Ins. by Act LVI of 2021,ss.3 & 4. 2Omitted. by Act LVI of 2021, s.4. 3Ins. by Act XLIV of 2016, ss.5 and 6. Page 135 of 179 (2) Nothing is sub\u00adsection (1) extends to any printing or publication if it is__ (a) by or under order in writing of officer\u00adin\u00adcharge of the police station or police officer making investigation into such offence acting in good faith for the purposes of such investigation\u037e or (b) by or under order of Court\u037e or (c) by or with authorization in writing of the victim\u037e or (d) by or with the authorization in writing of natural or legal guardian of the victim where the victim is dead or a minor", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c282"}}
{"text": "or (d) by or with the authorization in writing of natural or legal guardian of the victim where the victim is dead or a minor or of unsound mind. Explanation.__ Printing or publication of judgment of any High Court, the Federal Shariat Court or the Supreme Court in law journals does not amount to an offence within the meaning of this section.] Of Unnatural Offences 377. Unnatural offences.__ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life,] or with imprisonment of either description for a term which 2[shall not be less than two years nor more than] ten years, and shall also be liable to fine. Explanation.__ Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. 3[377A. Sexual abuse. __ Whoever employs, uses, forces, persuades , induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct either independently or in conjunction with other acts, with or without consent where age of person is less than eighteen years, is said to commit the offence of sexual abuse. 377B. Punishment.__ Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term which 4[shall not be less than fourteen years and may extend up to twenty years and with fine which", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c283"}}
{"text": "of either description for a term which 4[shall not be less than fourteen years and may extend up to twenty years and with fine which shall not be less than one million rupees.] CHAPTER XVII OF OFFENCES AGAINST PROPERTY Of Theft 378. Theft. Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2Subs. by the Criminal Laws (Amdt.) Ord.1980 (3 of 1980),s.6, for \u201cmay extend to\u201d. 3Ins. by Act X of 2016, s. 7. 4Subs. by Act XXVII of 2018,s..3. Page 136 of 179 Explanation 1.__ A thing so long as it is attached to the earth, not being moveable prope rty, is not the subject of theft\u037e but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2.__ A moving effected by the same act which effects the severance may be a theft. Explanation 3. __ A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation 4.__ A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c284"}}
{"text": "person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Explanation 5.__ The consent mentioned in the definition may be expressed or implied, and may be given either by the person in possession, or by any person havin g for that purpose authority either express or implied. Illustrations (a) A cuts down a tree on Z\u2019s ground, with the intention of dishonestly taking the tree out of Z\u2019s possession without Z's consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z\u2019s dog to follow it. Here, if A's intention be dishonestly to take the dog out of Z\u2019s possession without Z\u2019s consent, A has committed theft as soon as Z\u2019s dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A being Z\u2019s servant, and entrusted by Z with the care of Z\u2019s plate, dishonestly runs away with the plate, without Z\u2019s consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c285"}}
{"text": "without Z\u2019s consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries th e plate to a goldsmith and sells it. Here the plate was not in Z\u2019s possession. It could not therefore be taken out of Z\u2019s possession and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z\u2019s possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the high\u00adroad, not in the possession of any person. A, by taking it, commits no theft, though he may co mmit criminal misappropriation of property. (h) A sees a ring belonging to Z lying on a table in Z\u2019s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. Page 137 of 179 (i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c286"}}
{"text": "Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z\u2019s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly. (j) If A owns money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z\u2019s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out of Z\u2019s possession without Z's consent, not having paid what he borrowed on the watch, be commits theft, though the watch is his own property inasmuch as he takes it dishonestly. (l) A takes an article belonging to Z out of Z\u2019s possession with out Z\u2019s consent, with the intention of keeping it until he obtain s money from Z as a reward for its restoration. Here A takes dishonestly \u037e A has therefore committed theft. (m) A, being on friendly terms with Z, goes in to Z\u2019s library in Z\u2019s absence, and takes away a book without Z\u2019s express consent for the purpose mere", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c287"}}
{"text": "friendly terms with Z, goes in to Z\u2019s library in Z\u2019s absence, and takes away a book without Z\u2019s express consent for the purpose mere ly of reading it, and with the intention of returning it. Here, it is probable than A may have conceived that he had Z\u2019s implied consent to use Z\u2019s book. If this was A's impression, A has not committed theft. (n) A asks charity from Z\u2019s wife. She gives A m oney, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z\u2019s wife is authorized to give away alms. If this was A\u2019s impression, A has not committed theft. (o) A is the paramour of Z\u2019s wife. She gives A v aluable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A, in good faith, believing property belonging to Z to be A\u2019s own property, takes that property out of B\u2019s possession. Here, as A does not take dishonestly, he does not commit theft. 379. Punishment for theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both. 380. Theft in dwelling house. etc. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c288"}}
{"text": "both. 380. Theft in dwelling house. etc. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property shall be punished with imprisonment o f either description for a term which may extend to seven years, and shall also be liable to fine. 381. Theft by clerk or servant of property in possession of master. Whoever being a clerk or servant, or being employed in the capacity of a clerk or servant , commits theft in respect of any property in the possession of his master or employer shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Page 138 of 179 1[381A. Theft of a car or other motor vehicles.__ Whoever commits theft of a car or any other motor vehicle, including motor\u00adcycle, scooter and Tractor shall be punished with imprisonment of either description for a term which may extend to seven years and with fine not exceeding the value of the stolen car or motor vehicle.] 2[Explanation.__ Theft of an electric motor of a tube well or transformer shall be within the meaning of this section.] 382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c289"}}
{"text": "the theft. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A commits theft on property in Z\u2019s possession \u037e and, while committing this theft, he has a loaded pistol under his garment having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z\u2019s pocket, having posted several of his companions near him in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. 383. Extortion. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits \u201cextortion\u201d. Illustrations (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c290"}}
{"text": "converted into a valuable security, commits \u201cextortion\u201d. Illustrations (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z\u2019s child in wrongful confinement unless Z will sign and deliver to A a promissory note binding Z to pay certain money to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send club\u00admen to plough up Z\u2019s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion. 1Ins. by Act I of 1996, s.2. 2Added by Act XVI of 1996, s.2. Page 139 of 179 384. Punishment for extortion. Whoever, commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 385. Putting person in fear of injury in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c291"}}
{"text": "Putting person in fear of injury in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 386. Extortion by putting a person in fear of death or grievous hurt. Whoever, commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 387. Putting person in fear of death or of grievous hurt, in order to commit extortion. Whoever, in order to the committing of extortion puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 388. Extortion by threat of accusation of an offence punishable with death or 1[imprisonment for life] etc. Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 2[imprisonment for life], or with imprisonment for a term which may extend to ten", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c292"}}
{"text": "or attempted to commit any offence punishable with death, or with 2[imprisonment for life], or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine\u037e and, if the offence be one punishable under section 377 of this Code, may be punished with 2[imprisonment for life]. 389. Putting person in fear of accusation of offence, in order to commit extortion. Whoever, in order to the committing of extortion, puts or attempts to put any pers on in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punishable with death or with 2[imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished w ith imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine\u037e and, if the offence be punishable under section 377 of this Code, may be punished with 2[imprisonment for life.] Of Robbery and Dacoity 390. Robbery. In all robbery there is either theft or extortion. When theft is robbery. Theft is \u201crobbery\u201d if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "377", "domain": "general", "chunk_id": "Pakistan Penal Code_c293"}}
{"text": "of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. When extortion is robbery. Extortion is \u201crobbery\u201d if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that lSubs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation\u201d. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. Page 140 of 179 person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person, or to some other person, and, by so putting in fear, induces the person so p ut in fear then and there to deliver up the thing extorted. Explanation.__ The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations (a) A holds Z down, and fraudulently takes Z\u2019s money and jewels from Z\u2019s clothes, without Z\u2019s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c294"}}
{"text": "has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high\u00adroad, shows a pistol, and demands Z\u2019s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z\u2019s child on the high\u00adroad. A takes the child, and threatens to fling it down a precipice, unless Z deliver his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying__\u201cYour child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees .\u201d This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child. 391. Dacoity. When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more every person so committing, attempting or aiding, is said", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c295"}}
{"text": "a robbery, and persons present and aiding such commission or attempt, amount to five or more every person so committing, attempting or aiding, is said to commit \u201cdacoity\u201d. 392. Punishment for robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which 1[shall not be less than three years nor more than] ten years, an d shall also be liable to fine \u037e and, if the robbery be committed on the highway 2[* * *] the imprisonment may be extended to fourteen years. 393. Attempt to commit robbery. Whoever attempts to commit robbery shall be punished with rigorous imprisonment fo r a term which may extend to seven years, and shall also be liable to fine. 394. Voluntarily causing hurt in committing robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly 1Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), ss.7&10, for \u201cmay extend to\u201d. 2Omitted by Act VII of 1993, s.2. Page 141 of 179 concerned in committing or attempting to commit such robbery, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten years, and shall also be liable to fine. 395. Punishment for dacoity. Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c296"}}
{"text": "be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten years, and shall also be liable to fine. 396. Dacoity with murder. If anyone of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those person shall be punished with death, or 1[imprisonment for life], or rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten years, and shall also be liable to fine. 397. Robbery or dacoity with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with wh ich such offender shall be punished shall not be less than seven years. 398. Attempt to commit robbery or dacoity when armed with deadly weapon. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. 399. Making preparation to commit dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 400. Punishment for belonging to gang of dacoits. Whoever, at any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c297"}}
{"text": "term which may extend to ten years, and shall also be liable to fine. 400. Punishment for belonging to gang of dacoits. Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 401. Punishment for belonging to gang of thieves. Whoever, at any time after the passing of this Act, shal l belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. 402. Assembling for purpose of committing dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous impri sonment for a term which may extend to seven years, and shall also be liable to fine. 3[OF HIJACKING 402A. Hijacking. Whoever unlawfully, by the use or show of force or by threats of any kind, seizes, or exercises control of, an aircraft is said to commit hijacking. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2Subs. by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c298"}}
{"text": "is said to commit hijacking. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), ss.7&10, for \u201cmay extend to\u201d. 3Ins. by the Pakistan Penal Code (Second Amendment) Ordinance, 1981 (30 of 1981), s. 2. Page 142 of 179 402B. Punishment for hijacking. Whoever commits, or conspires or attempts to commit, or abets the commission of, hijacking shall be punished with death or imprisonment for life, and shall also be liable to forfeiture of property and fine. 402C. Punishment for harbouring hijacker, etc. Whoever knowingly harbours any person whom he knows or has reason to believe to be a person who is about to commit or has committed or abetted an offence of hijacking, or knowingly p ermits any such persons to meet or assemble in any place or premises in his possession or under his control, shall be punished with 1[**] imprisonment for life, and shall also be liable to fine.] Of Criminal Misappropriation of Property 403. Dishonest misa ppropriation of property. Whoever dishonestly misappropriates or converts to his own use any moveable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. Illustrations (a) A takes property belonging to Z out of Z\u2019s possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c299"}}
{"text": "out of Z\u2019s possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft\u037e but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Z\u2019s library in Z\u2019s absence and takes away a book without Z\u2019s express consent. Here, if A was under the impression, that he had Z\u2019s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B, being joint owners of a horse, A takes the horse out of B\u2019s poss ession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1. __ A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. Illustration A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a ba nker as a security for a loan, intending at a future time to restore it to Z. A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c300"}}
{"text": "to Z, pledges it with a ba nker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2.__ A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence \u037e but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of di scovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. 1 Omitted by Criminal Laws (Amendment) Act, 2025 (Act No. XXVII of 2025), s.3 Page 143 of 179 What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it, it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believes that the real owner cannot be found. Illustrations (a) A finds a rupee on the high\u00adroad, not knowing to whom the rupee belongs.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c301"}}
{"text": "faith believes that the real owner cannot be found. Illustrations (a) A finds a rupee on the high\u00adroad, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person on whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. (d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e) A finds a pu rse with money, not knowing to whom it belongs\u037e he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediat ely without attempting to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c302"}}
{"text": "an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediat ely without attempting to discover the owner. A is guilty of an offence under this section. 404. Dishonest misappropriation of property possessed by deceased person at the time of his death. Whoever dishonestly misappropriates or converts to his own use pr operty, knowing that such property was in the possession of a deceased person at the time of that person's decease and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine\u037e and if the offender at the time of such person\u2019s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration Z dies in pos session of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. Of Criminal Breach of Trust 405. Criminal breach of trust. Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any directi on of law prescribing the mode in which such trust is to be discharged, or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c303"}}
{"text": "or disposes of that property in violation of any directi on of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made Page 144 of 179 touching the discharge of such trust, or wilfully suffers any other person so to do, commits \u201ccriminal breach of trust\u201d. Illustrations (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. (b) A is a warehouse\u00adkeeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse\u00adroom. A dishonestly sells the goods. A has committed criminal breach of trust. (c) A, residing in 1[Dacca], is agent for Z, residing at 2[Lahore]. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z\u2019s direction. Z, remits a lakh of rupees to A, with directions to A to invest t he same in Company\u2019s paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z\u2019s advantage to hold shares", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c304"}}
{"text": "But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z\u2019s advantage to hold shares in the Bank of Bengal, disobeys Z\u2019s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company\u2019s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e) A, a revenue\u00adofficer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Governmen t, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrused by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. 406. Punishment for criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to 3[seven] years, or with fine, or with both. 407. Criminal breach of trust by carrier, etc. Whoever, being entrusted with property as a carrier, wharfinger or warehouse\u00adkeeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment or either description for a term which may extend to seven years, and shall also", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c305"}}
{"text": "in respect of such property, shall be punished with imprisonment or either description for a term which may extend to seven years, and shall also be liable to fine. 408. Criminal breach of trust by clerk or servant. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be 1Subs. by the Federal Laws Revision and Declaration Act, 1951 (26 of 1951), s. 4 and III Sch., for \u201cCalcutta\u201d. 2Subs. ibid., for \u201cDelhi\u201d. 3Subs. by Criminal Law (Amendment) Ordinance, 1981 (33 of 1981), s.2, for \u201cthree\u201d. Page 145 of 179 punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 409. Criminal breach of trust by public servant, or by banker, merchant or agent. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Of the Receiving of Stolen Property 410. Stolen property. Property, the possession whereof has been transferred by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c306"}}
{"text": "years, and shall also be liable to fine. Of the Receiving of Stolen Property 410. Stolen property. Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 2* * * criminal breach of trust has been committed, is designated as \u201cstolen property\u201d, 3[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 4[Pakistan]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. 411. Dishonestly receiving stolen property. Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 412. Dishonestly receiving property stolen in the commission of a decoity. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of decoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits , property which he knows or has reason to believe to have been stolen, shall be punished with 5[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c307"}}
{"text": "to have been stolen, shall be punished with 5[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 413. Habitually dealing in st olen property. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with 5[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 414. Assisting in concealment of stolen property. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Of Cheating 415. Cheating. Whoever, by deceiving any person, fraudulently or dishonest1y induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2The word \u201cthe\u201d before the words \u201coffence of\u201d was rep. by the Amending Act, 1891 (12 of 1891), and the words \u201coffence of\u201d were rep. by s. 9 of the Indian Penal Code Amdt. Act, 1882 (8 of 1882). 3Ins. by Act 8 of 1882, s. 9. 4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c308"}}
{"text": "Amdt. Act, 1882 (8 of 1882). 3Ins. by Act 8 of 1882, s. 9. 4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), for \u201cthe Provinces and the Capital of the Federation\u201d which had been subs. by A. O., 1949, Arts. 3(2) and 4, for \u201cBritish India\u201d. 5Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. Page 146 of 179 property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person 1[or any other person] in body, mind, reputation or property, is said to \u201ccheat\u201d. Explanation.__ A dishonest concealment of facts is a deception within the meaning of this section. Illustrations (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induce s Z to let him have on credit goods for which he does not mean, to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c309"}}
{"text": "buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pleading as diamonds articles, which he knows are not diamonds intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A, intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does no t intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats \u037e but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver i t, he does not cheat, but is liable only to a civil action for breach of contract.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c310"}}
{"text": "breaks his contract and does not deliver i t, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A\u2019s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats. 1Ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1980 (41 of 1980), s.2. Page 147 of 179 416. Cheating by personation. A person is said to \u201ccheat by personation\u201d if he cheats by pretending to be some other person, or by know ingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.__ The offence is committed whether the individual personated is a real or imaginary person. Illustrations (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. 417. Punishment for cheating. Whoever cheats shall be punished with imprisonment of either description for a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c311"}}
{"text": "a person who is deceased. A cheats by personation. 417. Punishment for cheating. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 419. Punishment for cheating by personation. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to l[seven] years, or with fine, or with both. 420. Cheating and dishonestly inducing delivery of property. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Of Fraudulent Deeds and Dispositions of Property 421. Dishonest or fraudulent removal or concealment of property to prevent", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c312"}}
{"text": "and shall also be liable to fine. Of Fraudulent Deeds and Dispositions of Property 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 422. Dishonestly or fraudulently preventing debt being available for creditors. Whoever dishonestly or fraudulently preven ts any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1Subs. by the Criminal Law (Amdt.) Ord. 1981 (33 of 1981), s. 2, for \u201cthree\u201d. Page 148 of 179 423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c313"}}
{"text": "deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 424. Dishonest or fraudulent removal or concealment of property. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Of Mischief 425. Mischief. Whoever, with intent to cause, or, knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits \u201cmischief\u201d. Explanation 1.__ It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c314"}}
{"text": "to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damag e to any person by injuring any property, whether it belongs to that person or not. Explanation 2 .__ Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water into an ice\u00adhouse belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A having insured a ship, voluntarily causes the same to be cast away, wi th the intention of causing damage to the underwriters. A has committed mischief. (f) A, causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c315"}}
{"text": "(f) A, causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. Page 149 of 179 (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z\u2019s crop. A has c ommitted mischief. 426. Punishment for mischief. Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. 427. Mischief causing damage to the amount of fifty rupees. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 428. Mischief by killing or maiming animal of the value of ten rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a t erm which may extend to two years, or with fine, or with both. 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. Whoever", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c316"}}
{"text": "fine, or with both. 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 430. Mischief by injury to works of irrigation or by wrongfully diverting water. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purp oses, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 431. Mischief by injury to public road, bridge, river, or channel. Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 432. Mischief by causing", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c317"}}
{"text": "punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 432. Mischief by causing inundation or obstruction to public dra inage attended with damage. Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 433. Mischief by destroying, moving or rendering less useful a light\u00adhouse or sea\u00admark. Whoever commits mischief by destroying or moving any light\u00adhouse or other light used as a sea\u00admark, or any sea\u00admark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light\u00adhouse, sea\u00admark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Page 150 of 179 434. Mischief by destroying or moving etc., a landmark fixed by public authority. Whoever commits mischief by destroying or moving any land\u00admark fixed by the authority of a public servant, or by any act which renders such land\u00admark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 435.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c318"}}
{"text": "such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards 1[or (where the property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description for a term which 2[shall not be less than two years nor more than] seven years and shall also be liable to fine. 436. Mischief by fire or explosive substance with intent to destroy house, etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 3[imprisonment for life], or with imprisonment of either description for a term which 4[shal1 not be less than three years nor more than] ten years, and shall also be liable to fine. 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden. Whoever commits mischief to any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c319"}}
{"text": "to fine. 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden. Whoever commits mischief to any decked vessel or a ny vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 438. Punishment for the mischief described in section 437 committed by fire or explosive substance. Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 3[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 439. Punishment for intentionally running vessel agrou nd or ashor with intent to commit theft, etc. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappr opriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 440. Mischief committed after preparation made causing death or hurt. Whoever commits mischief, having made preparation for causing to any person", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "437", "domain": "general", "chunk_id": "Pakistan Penal Code_c320"}}
{"text": "be liable to fine. 440. Mischief committed after preparation made causing death or hurt. Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 1Ins. by the Penal Code (Amdt.) Act, 1882 (8 of 1882), s.10. 2Subs. by the Criminal Laws (Amdt.) Ord. 1980 (3 of 1980), ss. 11 and 12, for \u201cmay extend to\u201d. 3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 4Subs. by Ord. 3 of 1980, s. 12, for \"may extend to\". Page 151 of 179 Of Criminal Trespass 441. Criminal trespass. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimida te, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit \u201ccriminal trespass\u201d. 442. House\u00adtrespass. Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit \u201chouse\u00adtrespass\u201d. Explanation.__ The", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c321"}}
{"text": "or any building used as a place for worship, or as a place for the custody of property, is said to commit \u201chouse\u00adtrespass\u201d. Explanation.__ The introduction of any part of the criminal trespasser\u2019s body is entering sufficient to constitute house\u00adtrespass. 443. Lurking house\u00adtrespass. Whoever commits house\u00adtrespass having taken precautions to conceal such house\u00adtrespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit \u201clurking house\u00ad trespass\u201d. 444. Lurking house\u00adtrespass by night. Whoever commits lurking house\u00adtrespass after sunset and before sunrise, is said to commit \u201clurking house\u00adtrespass by night\u201d. 445. House\u00adbreaking. A person is said to commit \u201chouse\u00adbreaking\u201d who commits house\u00adtrespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described\u037e or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:__ Firstly.__ If he enters or quits t hrough a passage made by himself, or by any abettor of the house\u00adtrespass, in order to the committing of the house\u00adtrespass. Secondly.__ If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance \u037e or through any passage to which he has obtained access by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c322"}}
{"text": "person, other than himself or an abettor of the offence, for human entrance \u037e or through any passage to which he has obtained access by scaling or climbing over any wall or building. Thirdly.__ If he enters or quits through any passage which he or any abettor of the house\u00adtrespass has opened, in order to the com mitting of the house\u00adtrespass by any means by which that passage was not intended by the occupier of the house to be opened. Fourthly.__ If he enters or quits by opening any lock in order to the committing of the house\u00ad trespass, or in order to the quitting of the house after a house\u00adtrespass. Fifthly.__ If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault. Sixthly.__ If he enters or quits by any passage which he knows to have be en fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house - trespass. Page 152 of 179 Explanation.__ Any out\u00adhouse or building occupied with a house, and between which and such house there is an immediate internal c ommunication, is part of the house within the meaning of this section. Illustrations (a) A commits house\u00adtrespass by making a hole through the wall of Z\u2019s house, and putting his hand through the apperture. This is house\u00adbreaking. (b) A commits house\u00adtrespass by creeping into a ship at a port\u00adhole between decks. This is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c323"}}
{"text": "putting his hand through the apperture. This is house\u00adbreaking. (b) A commits house\u00adtrespass by creeping into a ship at a port\u00adhole between decks. This is house\u00adbreaking. (c) A commits house\u00adtrespass by entering Z\u2019s house, through a window. This is house\u00ad breaking. (d) A commits house\u00adtrespass by entering Z\u2019s house through the door, having opened a door which was fastened. This is house\u00adbreaking. (e) A commits house\u00adtrespass by entering Z\u2019s house through the door having lifted a latch by putting a wire through a hole in the door. This is house\u00adbreaking. (f) A finds the key of Z\u2019s house door, which Z had lost, and commits house\u00adtrespass by entering Z\u2019s house, having opened the door with that key. This is house\u00adbreaking. (g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house\u00ad trespass by entering the house. This is house\u00adbreaking. (h) Z, the door\u00adkeeper of Y, is standing in Y\u2019s doorway. A commits house\u00adtrespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house\u00ad breaking. 446. House\u00adbreaking by night. Whoever commits house\u00adbreaking after sunset and before sunrise, is said to commit \u201chouse\u00adbreaking by night\u201d. 447. Punishment for criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend t o three months, or with fine which may extend to 1[one thousand five hundred rupees], or with both. 448. Punishment for house\u00adtrespass. Whoever commits house\u00adtrespass shall be punished", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c324"}}
{"text": "or with fine which may extend to 1[one thousand five hundred rupees], or with both. 448. Punishment for house\u00adtrespass. Whoever commits house\u00adtrespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to 1[three thousand rupees], or with both. 449. House-trespass in order to commit offence punishable with death. Whoever commits house\u00adtrespass in order to the committing of any offence punishable with death, shall b e punished with 2[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. 1Subs. by Ord. 86 of 2002 , s. 2 and Sch., I, for \u201cfive hundred rupees and one thousand rupees\u201d. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. Page 153 of 179 450. House\u00adtrespass in order to commit offence punishable with imprisonment for life. Whoever commits house\u00adtrespass in order to the committing of any offence punishabl e with 1[imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 451. House\u00adtrespass in order to commit offence punishable with imprisonment. Whoever commits ho use\u00adtrespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine\u037e and if the offence intended to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c325"}}
{"text": "of either description for a term which may extend to two years, and shall also be liable to fine\u037e and if the offence intended to be com mitted is theft, the term of the imprisonment may be extended to seven years. 452. House\u00adtrespass after preparation for hurt, assault or wrongful restraint. Whoever commits house\u00adtrespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 453. Punishment for lurking house\u00adtrespass or house -breaking. Whoever commits lurking house\u00adtrespass or house\u00adbreaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. 454. Lurking house\u00adtrespass or house-breaking in order to commit offence punishable with imprisonment. Whoever commits lurking house\u00adtrespass or house\u00adbreaking, in order to the committing of any offence punishable with imprisonment, s hall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine \u037e and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years. 455. Lurking house\u00adtrespass or house\u00adbreaking after preparation for hurt, assault or wrongful restraint. Whoever commits lurking house\u00adtrespass, or house\u00adbreaking, having made", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c326"}}
{"text": "extended to ten years. 455. Lurking house\u00adtrespass or house\u00adbreaking after preparation for hurt, assault or wrongful restraint. Whoever commits lurking house\u00adtrespass, or house\u00adbreaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongf ully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 456. Punishment for lurking house\u00adtrespass or house -breaking by night. Whoever commits lurking house\u00adtrespass by night, or house\u00adbreaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 457. Lurking house -trespass or house\u00adbreaking by night in order to commit offence punishable with imprisonment. Whoever commits lurking house\u00adtrespass by night, or house\u00ad breaking by night, in order to the committing of any offence punisha ble with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine \u037e and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. Page 154 of 179 458. Lurking house\u00adtrespass or house -breaking by night after preparation for hurt, assault or wrongful", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c327"}}
{"text": "and Sch., for \u201ctransportation for life\u201d. Page 154 of 179 458. Lurking house\u00adtrespass or house -breaking by night after preparation for hurt, assault or wrongful restraint. Whoever commits lurking house\u00adtrespass by night or house\u00adbreaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. 1[459. Hurt caused whilst committing lurking house\u00adtrespass or house\u00adbreaking. __ Whoever, whilst committing lurking house\u00adtrespass or house\u00adbreaking, causes hurt to any person or attempts to commit qatl of, or hurt to, any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to the same punishment for committing qatl or causing hurt or attempting to cause Qatl or hurt as is specified in Chapter XVI of this Code.] 1[460. Persons jointly concerned in lurking house\u00adtrespass or house\u00adbreaking by night punishable for qatl or hurt caused by one of them. __ If, at the time of the committing of lurking house\u00adtrespass by night or house\u00adbreaking by night any person guilty of such offence shall voluntarily cause or attempt to commit qatl of, or hurt to, any person, every person jointly concerned in committing such lurking house\u00adtrespass by night,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c328"}}
{"text": "shall voluntarily cause or attempt to commit qatl of, or hurt to, any person, every person jointly concerned in committing such lurking house\u00adtrespass by night, or house\u00adbreaking by night, shall be punished with imprisonment for life or, with imprisonment of either description for a term which may extend to ten years and shall also be liable to the same punishment for committing qatl or causing hurt to attempting to cause qatl or hurt as is specified in Chapter XVI of this Code.] 461. Dishonestly breaking open receptacle containing property. __ Whoever dishonestly or with intent to commit mischief breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 462. Punishment for same offence when committed by person entrusted with custody.__ Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 2[CHAPTER XVII A OF OFFENCES RELATING TO OIL AND GAS ETC 462A. D efinition.\u2014 In this chapter, unless there is anything repugnant in the subject or context: (a) \"distribution\" means the activity of transporting petroleum through pipelines and associated facilities. In case", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c329"}}
{"text": "unless there is anything repugnant in the subject or context: (a) \"distribution\" means the activity of transporting petroleum through pipelines and associated facilities. In case of natural gas, distribution means the activity of transporting natural gas through pipelines and associated facility at a pressure which would not ordinarily be expected to exceed three hundred per square inch gauge (psig) or such pressure as the relevant Regulatory Authority may prescribe from time to time\u037e 1Subs. by Act II of 1997, ss. 8 & 9. 2Ins. by Act XX of 2011, s. 2. Page 155 of 179 (b) \"facility\" includes Liquefied Petroleum Gas (LPG) processing facility or compression facility, natural gas or LPG testing facility, natural gas storage facility, Liquefied Na tural Gas (LNG) processing facility or crude oil and refined oil products storage facility, repeater station or compression station other than compression system installed at Compressed Natural Gas (CNG) Station\u037e (c) \"gas meter\" means an instrument which measures gas delivered to consumer for consumption\u037e (d) \"gas regulator\" means a regulator to control the pressure of gas\u037e (e) \"installation\" means all facilities used in loading, unloading, reloading, transmission and distribution of petroleum, including eq uipment, terminals, storage tanks, pipelines and port facilities\u037e (f) \"meter index\" means a \"counter in\" in a gas meter for recording the volume of gas passed through the gas meter at line condition\u037e (g) \"person\" includes any individual or any company, fir m or corporation whether incorporated or not, or a public servant or an employee of any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c330"}}
{"text": "(g) \"person\" includes any individual or any company, fir m or corporation whether incorporated or not, or a public servant or an employee of any oil and gas company\u037e (h) \"petroleum\" means oil, crude oil, refined oil products, natural gas, LPG, Air Mix LPG, LNG and CNG\u037e (i) \"pipeline\" means any pipe or any system or arrangement of pipes wholly within Pakistan including offshore area which transports petroleum and includes all equipment of any kind used for the purpose of, or in connection with, or incidental to, the operation of a pipeline in transporting or handl ing of petroleum\u037e (j) \"tampering\" includes interfering or creating hindrance in flow or metering of petroleum by unauthorized entry into metering system or transmission and distribution lines either by breaking the seals or damaging or destructing the same or in any manner interfering with the meter or interfering with its original condition\u037e (k) \"transmission\" means the activity of transporting natural gas through pipelines and other facilities at a pressure of not less than three hundred psig or such pressure as the relevant regulatory Authority may prescribe from time to time\u037e and (l) \"transportation\" means an activity of transporting oil through pipelines and associated facilities where the pipelines are an integral part of a refinery, facility or gathering pipelines. 462B. Tampering with petroleum pipelines, etc. __ (1) Any person who willfully does tampering or attempts to do tampering or abets in tampering with a facility, installation or main pipeline for transmission or transportation, as the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c331"}}
{"text": "willfully does tampering or attempts to do tampering or abets in tampering with a facility, installation or main pipeline for transmission or transportation, as the case may be, of petroleum, is said to commit tampering with petroleum pipelines. Page 156 of 179 (2) Any person who commits or abets in tampering with petroleum pipelines for the purpose of,__ (a) theft of petroleum\u037e or (b) disrupting supply of petroleum, shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which may extend to ten million rupees. 462C. Tampering with auxiliary or distribution pipelines of petroleum.\u2014 (1) Any person who wilfully does tampering or attempts to do tampering or abets in tampering with any auxiliary or distribution pipeline of petroleum not being a main transmission and transportation pipeline but includes a distribution system, distribution pipeline or any other related system and equipment, as the case may be, of petroleum is said to commit tampering with auxiliary or distribution pipelines of petroleum. (2) Any person who commits or abets in tampering with auxiliary or distribution pipeline or petroleum for the purpose of,__ (a) theft of petroleum\u037e or (b) disrupting supply of petroleum, shall be punished with rigorous imprisonment which may extend to ten years but shall not be less than five years and with fine which may extend to three million rupees. 462D. Tampering with gas meter by domestic consumer, etc.__ Any person or individual being the domestic consumer who", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c332"}}
{"text": "which may extend to three million rupees. 462D. Tampering with gas meter by domestic consumer, etc.__ Any person or individual being the domestic consumer who does tampering or abets in tampering with any gas meter regulator, meter index or gas connection or any other related system and equipments, whether to commit theft of gas or for the purpose of unauthorized distribution or supply of gas shall be punished with imprisonment for a term which may extend to six months or fine which may extend to one hundred thousand rupees or both. 462E. Tampering with gas meter by Industrial or commercial consumer, etc.__ Any person or individual being industrial or commercial consumer who does tampering or abets in tampering with any gas meter, regulator, meter index or gas connection or any other related system and equipments, whether to commit theft of gas or for the purpose of unauthorized distribution or supply of gas shall be punished with imprisonment which may extend to ten years but shall not be less than five years or fine which may extend to five million rupees or both. 462F. Damaging or destructing the transmission or transportation lines, etc.__ Any person who damages or destructs any transmission or transportation lines by an act of subversion by explosive material or in any other manner so as to disrupt the supply of petroleum shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which shall not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c333"}}
{"text": "be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which shall not be less than one million rupees]. Page 157 of 179 1[CHAPTER XVII B OF OFFENCES RELATING TO ELECTRICITY 462G. Definitions.__ In this Chapter, unless there is anything repugnant in the subject or context,__ (a) \"Court\" means the court of sessions designated as Electricity Utilities Court empowered to take cognizance of an offence under this Chapter\u037e (b) \"consumer\" means a person or his successor in interest who purchases or receives electric power for consumption and not for delivery or resale to other, including a person who owns or occupi es a premises where electric power is supplied\u037e (c) \"distribution\" means the ownership, operation, management or control of distribution facilities for the movement or delivery or sale to consumers of electric power but shall not include the ownership, operation, management and control of distribution facilities located on private property and used solely to move or deliver electric power to the person owning, operating, managing and controlling those facilities or to tenants thereof\u037e (d) \"distribution facilities\" means electrical facilities operating at the distribution voltage and used for the movement or delivery of electric power\u037e (e) \"electric meter\" means an instrument which measures electricity delivered to the consumer for consumption including kilow att meter, kilowatt hour meter\u037e kilowatt ampere hour meter, kilowatt ampere reactive hour meter, current transformers, potential transformers, maximum demand indicator or any other measuring apparatus\u037e (f)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c334"}}
{"text": "kilowatt hour meter\u037e kilowatt ampere hour meter, kilowatt ampere reactive hour meter, current transformers, potential transformers, maximum demand indicator or any other measuring apparatus\u037e (f) \"electric supply\u00adline\" means a wire, conductor or other means used for conveying, transmitting, or distributing energy together with any casing, coating, covering, tube, pipe or insulator, enclosing, surrounding or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of so conveying, transmitting or distributing such energy\u037e (g) \"electric power\" means electrical energy or the capacity for the production of electrical power\u037e (h) \"electric power services\" means the generation, transmission or distribution of electric power and all other services incidental thereto\u037e (i) \"energy\" means electrical energy when generated, transmitted, distributed, supplied or used for any purpose\u037e (j) \"Government\" means the Federal Government\u037e 1Ins. by Act No. VI of 2016, s.2. Page 158 of 179 (k) \"licence\" means a licence issued for generation, transmission or distribution under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (XL of 1997)\u037e (l) \"licence\" means a holder of a licence\u037e (m) \"person\" includes any individual or any company, firm or cooperation whether incorporated or not, or public servant or an employee of any, company, licensee or electric power utility\u037e (n) \"service line\" means any electric supply\u00adline through which energy is, or is intended to be, supplied by a licensee,\u2014 (i) to a single consumer either from a distributing main or immediately from the licensee's premises\u037e or (ii) from a distributing main", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c335"}}
{"text": "by a licensee,\u2014 (i) to a single consumer either from a distributing main or immediately from the licensee's premises\u037e or (ii) from a distributing main to a group of consumers on the same premises of on adjoining premises supplied from the same point of the distributing main\u037e (o) \"tampering\" or \"tamper\" includes interfering or creating hindrance in flow or metering of electric power by unauthorized entry of access into metering system or transmission and distribution lines either by breaking the seals o r damaging or destructing the same or in any manner interfering with the electric meter or transmission line or distribution line or interfering with its original condition\u037e (p) \"tariff\" means the rates, charges terms and condition for generation of electr ic power, transmission, inter\u00adconnection, distribution services and sales of electric power to consumers by a licensee\u037e (q) \"transmission\" means the ownership, operation, management or control of transmission facilities\u037e (r) \"transmission facilities\" means electrical transmission facilities including electrical circuits, transformers and sub\u00adstations operating at or above the minimum transmission voltage\u037e and (s) \"works\" includes electric supply\u00adlines and any buildings, machinery or apparatus required to supply energy. 462H. Abstraction or tampering etc. with transmission.\u2014 (1) Any person who,\u2014 (a) dishonestly taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or services lines, electric supply\u00adline or transmission facilities of a licensee for transmission of electric power services, or any other related system and equipment, as the case may be, so as to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c336"}}
{"text": "facilities of a licensee for transmission of electric power services, or any other related system and equipment, as the case may be, so as to abstract, use or consume electricity without passing through the electric meter is said to cause abstraction\u037e or (b) willfully tampers or attempts to tamper with service line, electric supply\u00adline or transmission facilities for transmission of electric power, is said to cause tampering. Page 159 of 179 (2) Any person who causes or abets in causing abstraction or commits or abet in committing tampering with transmission of electric power for the purpose of,\u2014 (a) theft of electric power\u037e or (b) disrupting supply of electric power\u037e or (c) illegal transmission of electric power services, shall be punishable with rigorous impr isonment which may extend to three years or with fine which may extend to ten million rupees or with both. 462 I. Abstraction or tampering etc., with distribution or auxiliary. __ (1) Any person who,__ (a) dishonestly taps, makes or causes to be made any co nnection with overhead, underground or under water lines or cables, or service lines, electric supply\u00adline or distribution facilities of a licensee for distribution of electric power services so as to abstract, use or consumer electricity without passing through the electric meter is said to cause abstraction\u037e or (b) willfully tampers or attempts to tamper with service line, electric supply\u00adline or distribution facilities for distribution of electric power services, or any other related system and equipment , as the case may be,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c337"}}
{"text": "line, electric supply\u00adline or distribution facilities for distribution of electric power services, or any other related system and equipment , as the case may be, for distribution of electric power services is said to cause tampering with auxiliary or distribution of electric power. (2) Any person who causes or abets in causing abstraction or commits or abets in committing tampering with distribution of electric power for the purpose of,\u2014 (a) theft of electric power\u037e or (b) disrupting supply of electric power\u037e or (c) illegal distribution of electric power services, shall be punishable with rigorous imprisonment which may extend to three years or with fine which may extend to three million rupees or with both. 462J. Interference, improper use or tampering with electric meter by domestic consumer, etc.__ Any person being the domestic consumer who,__ (a) unauthorizedly connects any electric meter with any electric line through which electricity is supplied by a licensee or disconnects the same from any such electric line without the consent of the licensee\u037e or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected without the consent of the licensee\u037e or Page 160 of 179 (c) tampers with an electric meter, install or uses a tampered electric meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c338"}}
{"text": "meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted\u037e or (d) uses the energy supplied by a licensee under one method of tariff in a manner for which higher tariff is in force\u037e or (e) uses energy supplied by a licensee in a manner prejudicial to the safety or efficient working of the electric supply\u00adline or deals with it in a manner so as to interfere with efficient supply of energy to other consumers, or persons\u037e or (f) abets in the commission or any of the acts mentioned in clauses (a) to (e), in order to commit theft of electric power, or dishonestly abstract, consume or use electric power or unauthorized distribution or supply of e lectric power shall be punishable with imprisonment for a term which may be extend to two years or with fine which may extend to one million rupees or with both. 462K. Interference, improper use of tampering with electric meter by industrial or commercial, etc.\u2014 Any person being industrial or commercial who,__ (a) unauthorizedly connects any electric meter with any electric line through which electricity its supplied by a licensee or disconnects the same from any such electric line without the consent of the licensee\u037e or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c339"}}
{"text": "line without the consent of the licensee\u037e or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected without the consent of the licensee\u037e or (c) tampers with an electric meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted\u037e or (d) uses the energy supplied by a licensee under one method of tariff in a manner for which higher tariff is in force\u037e or (e) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee without consent\u037e or (f) uses energy supplied by a licensee in a manner prejudicial to the safety or efficient working of the electric supply\u00adline or deals with it in a manner so as to interfere with efficient supply of energy to other consumers, persons\u037e or (g) abets in the commission of any of the acts mentioned in clauses (a) to (f), in order to commit theft of electric power, or dishonestly abstract, cons ume or use electric power or unauthorized distribution or supply of electric power shall be punished with Page 161 of 179 imprisonment which may extend to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c340"}}
{"text": "or use electric power or unauthorized distribution or supply of electric power shall be punished with Page 161 of 179 imprisonment which may extend to three years or with fine which may extend to six million rupees or with both. 462L. Interference, improper use or tem pering with electric meter by agricultural consumer, etc.__ Any person being agricultural consumer who,__ (a) unauthorizedly connects any electric meter with any electric line through which electricity is supplied by a licensee disconnects the same from any such electric line without the consent of the licensee\u037e or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected without the consent of the licensee\u037e or (c) tampers with an electric meter, install or uses a tampered meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted\u037e or (d) uses the energy supplied by a licensee under one method of tariff in a manner for which higher tariff is in force\u037e or (e) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee without consent\u037e or (f) uses energy supplied by a licensee in a manner prejudicial", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c341"}}
{"text": "purpose of communicating with any other works belonging to a licensee without consent\u037e or (f) uses energy supplied by a licensee in a manner prejudicial to the safety or efficient working of the electric supply\u00adline or deals with in a manner so as to interfere with efficient supply of energy to other consumers, persons\u037e or (g) abets in the commission of any of the act mentioned in clauses (a) to (f), in order to commit theft of ele ctric power, or dishonestly abstract, consume or use electric power or unauthorized distribution or supply of electric power shall be punished with imprisonment which may extend to two years or with fine which may extend to two and half million rupees or with both. 462M. Damaging or destroying or destructing the transmission lines, distribution lines, electric meter etc. __ Any person who damages, destroys or destruct any transmission lines, distribution lines, electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged, destroyed or destructed by an act of subversion by explosive material or in any other manner so as to disrupt the supply of electric power services or maliciously causes electric power services to be wasted or diverted or cuts off or injures or attempts to cut off or injure any transmission line or distribution line or a service line or electric supply line shall be punished with rigorous imprisonment which may extend to seven years and with fine which shall not be less than", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c342"}}
{"text": "or electric supply line shall be punished with rigorous imprisonment which may extend to seven years and with fine which shall not be less than three million rupees. 462N. Recovery of outstanding amounts from persons involved in section 462H to 462M offences.__ Any person said to commit or to have committed the offence as mentioned in section 462H to 462M shall also be liable to pay an amount equivalent to the financial loss caused to the Government or the distribution companies concerned. Any such outstanding amount of penalties Page 162 of 179 or fines imposed under this Chapter shall be recoverable as arrears of land revenue. 462O. Cognizance.__ (1) The Court shall try an offence punishable under this Chapter. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or any other law for the time being in force, the Court shall not take cognizance of an offence under this Chapter except on a complaint made, with reasons to be recorded in writing along with full particulars of the offences committed under this Chapter, by duly authorized officer (not below Grade 17) of the Government or the distribution company, as the case may be. 462P. Overriding effect. \u2014 The provisions of this Chapter shall have effect notwithstanding anything contained in any other law for the time being in force.] CHAPTER XVIII OF OFFEENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS 463. Forgery. Whoever makes any false document or part of a document, with intent to cause damage", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "462H", "domain": "general", "chunk_id": "Pakistan Penal Code_c343"}}
{"text": "TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS 463. Forgery. Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. 464. Making a false document.__ A person is said to make a false document Firstly.__ Who dishonestly or fraudulently makes, signs, se als or executes a document or part of a document, or makes any mark denoting the execution of a document with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed\u037e or Secondly.__ Who, without lawful authority, dishonestly or fraudulently, b y cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration\u037e or Thirdly.__ Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c344"}}
{"text": "the time of such alteration\u037e or Thirdly.__ Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him he does not know the contents of the document or the nature of the alteration. Illustrations (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds a cipher to the 10,000 and makes the sum 1,00,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z\u2019s authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase\u00admoney. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery. Page 163 of 179 (d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c345"}}
{"text": "up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery. (e) A draws a bill of exchange on himself in the name of B without B\u2019s authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity . Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z\u2019s will contains these words\u00ad\"I direct that all my remaining property be equally divided between A, B and C.\" A dishonestly scratches out B\u2019s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words \u201cPay to Z or his order\u201d and signing the endorsement. B dishonestly erases the words \u201cPay to Z or his order\u201d and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c346"}}
{"text": "to defraud Z of his estate executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the w ill. A has committed forgery. (j) A writes a letter and signs it with B\u2019s name without B's authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property. A has committed forgery. (k) A without B\u2019s authority writes a letter and signs it in B\u2019s name certifying to A\u2019s character, intending thereby to obtain em ployment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. Explanation 1.__ A man\u2019s signature of his own name may amount to forgery. Illustrations (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c347"}}
{"text": "may amount to forgery. Illustrations (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. Page 164 of 179 (b) A writes the word \u201caccepted\u201d on a piece of paper and signs it with Z\u2019s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery \u037e and if B, knowing the fact, draws the bill upon the paper pursuant to A\u2019s intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable, here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B after the seizure of the estate, in collusion with Z, executes a lease of the estate to Z at a nominal rent and for a long period an d dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c348"}}
{"text": "to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A\u2019s benefit, and with intent to defraud his creditors \u037e and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. Explanation 2.__ The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his life time, may amount to forgery. Illustration A draws a bill of exchan ge upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery. 465. Punishment for forgery. Whoever commits forgery shall be punished with imprisonment of either descript ion for a term which may extend to two years, or with fine, or with both. 466. Forgery of record of Court or of public register, etc. Whoever forges a document,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c349"}}
{"text": "extend to two years, or with fine, or with both. 466. Forgery of record of Court or of public register, etc. Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, ba ptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 467. Forgery for valuable security will, etc. Whoever forges a document w hich purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document Page 165 of 179 purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be p unished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c350"}}
{"text": "be p unished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 468. Forgery for purpose of cheating. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 469. Forgery for purpose of harming reputation. Whoever commits forgery, inte nding that the document forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 470. Forged document. A false document made wholly or in part by forgery is designated \u201ca forged document\u201d. 471. Using as genuine a forged document. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to b elieve to be a forged document, shall be punished in the same manner as if he had forged such document. 472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "467", "domain": "general", "chunk_id": "Pakistan Penal Code_c351"}}
{"text": "impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 473. Making or possessing coun terfeit seal, etc., with intent to commit forgery punishable otherwise. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine. Whoever has in his possession any document, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "467", "domain": "general", "chunk_id": "Pakistan Penal Code_c352"}}
{"text": "genuine, shall, if the document is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine \u037e and if the document is one of the description mentioned in section 467, shall be punished with 1[imprisonment for life],or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine. 475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of a authenticating any document 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. Page 166 of 179 described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mar k has been counterfeited, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 476. Counterfeiting device or mark used for authenticating, documents other than", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "466", "domain": "general", "chunk_id": "Pakistan Penal Code_c353"}}
{"text": "term which may extend to seven years, and shall also be liable to fine. 476. Counterfeiting device or mark used for authenticating, documents other than those described in section 467, or possessing counterfeit marked material. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document other than the documents described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect to such document, shall be punished with l[imprisonment for life], or w ith imprisonment of either description for a term which may extend to seven years,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "467", "domain": "general", "chunk_id": "Pakistan Penal Code_c354"}}
{"text": "such document, shall be punished with l[imprisonment for life], or w ith imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 2[477A. Falsification of accounts. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his em ployer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, paper, writing, valuable security or account, sha ll be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.__ It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.] Of Trade, Property and Other Marks 3[4[ 478. Trade mark. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trade mark,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c355"}}
{"text": "3[4[ 478. Trade mark. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trade mark, and for the purpose of this Code the expression \u201ctrade mark\u201d includes any trade mark which is registered in the register of trade marks kept under the Tr ade Marks Act, 1940 (V of 1940).] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2S. 477A ins. by the Criminal Law Amdt. Act, 1895 (3 of 1895), s. 4. 3Ss. 478 to 489 were subs. by the Indian Merchandise Marks Act,1889 (4 of 1889), s. 3, for the original sections. 4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for section 478. Page 167 of 179 479. Property mark. A mark used for denoting that moveable property bel ongs to a particular person is called a property mark. 480. Using a false trade mark. Whoever marks any goods or any case, package or other receptacle containing goods, or uses any case, package or other receptacle with any mark thereon, in a manner reason ably calculated to cause it to be believed that the goods so marked, or any goods contained in any such receptacle so marked, are the manufacture or merchandise of a person whose manufacture or merchandise they are not, is said to use a false trade mark. 481. Using a false property mark. Whoever marks", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "478", "domain": "general", "chunk_id": "Pakistan Penal Code_c356"}}
{"text": "a person whose manufacture or merchandise they are not, is said to use a false trade mark. 481. Using a false property mark. Whoever marks any moveable property or goods or any case, package or other receptacle containing moveable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. 482. Punishment for using a false trade mark or property mark. Whoever uses any false trade mark or any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 483. Counterfeiting a trade mark or property mark used by another. Whoever counterfeits any trade mark or property mark used by any other person shall be punished with imprisonment of either description for a term which may extend t o two years, or with fine, or with both. 484. Counterfeiting a mark used by a public servant. Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a parti cular person or at a particular time", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c357"}}
{"text": "any mark used by a public servant to denote that any property has been manufactured by a parti cular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 485. Making or possession of any instrument for counterfeiting a trade mark or property mark. Whoever makes or has in his posses sion any die, plate or other instrument for the purpose of counterfeiting a trade mark or property mark, or has in his possession a trade mark or property mark for the purpose of denoting that any goods are the manufacture or merchandise of a person whose manufacture or merchandise they are not, or that they belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 486. Selling goods marked with a counterfeit trade mark or property mark. Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or upon", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c358"}}
{"text": "or manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves__ (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and (b) that, on demand made by or on behalf of the prosecutor, he gave all the Page 168 of 179 information in his power with respect to the persons from whom he obtained such goods or things, or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 487. Making a false mark upon any receptacle containing goods. Whoever makes any false mark upon any ca se, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does co ntain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c359"}}
{"text": "nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 488. Punishment for making use of any such false mark. Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section. 489. Tampering with property mark with intent to cause injury. Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] Of Currency\u00adNotes and Bank\u00adNotes 1[489A.Counterfeiting currency\u00adnotes or bank\u00ad notes. Whoever counterfeits, or knowingly performs any part of the process of 2counterfeiting, any currency\u00adnote or bank-note, shall be punished with 3[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.__ For the purposes of this section and of sections 489B, 489C and 489D, the expression \u201cbank\u00adnote\u201d means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c360"}}
{"text": "payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for, money. 489B. Using as genuine forged or counterfeit currency\u00adnotes or bank\u00adnotes. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency\u00adnote or bank\u00adnote, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 3[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 489C. Possession of forged or counterfeit currency\u00adnotes or bank\u00adnotes. Whoever has in his possession any 4forged or counterfeit currency\u00adnote or bank\u00adnote, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may 1Ss. 489A to 489D ins. by the Currency Notes Forgery Act, 1899 (12 of 1899), s. 2. 2For 'counterfeiting' and 'forging' of currency Notes and Bank Notes, see C.M.L.A. Secretariat Notification No. 57/24 (259) AJAG/CMLA/82, 4.3.1982. 3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 4For 'counterfeiting' and 'forging' of currency Notes and Bank Notes, see C.M.L.A. Secretariat Notification No. 57/24 (259) AJAG/CMLA/82, 4.3.1982. Page 169 of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c361"}}
{"text": "\u201ctransportation for life\u201d. 4For 'counterfeiting' and 'forging' of currency Notes and Bank Notes, see C.M.L.A. Secretariat Notification No. 57/24 (259) AJAG/CMLA/82, 4.3.1982. Page 169 of 179 be used as genuine, shall be punished with imprisonment of either de scription for a term which may extend to seven years, or with fine, or with both. 489D. Making or possessing instruments or materials for forging or counterfeiting currency\u00adnotes or bank\u00adnotes. Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency\u00adnote or bank\u00adn ote, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.] 2[489E. Making or using documents resembling currency\u00adnotes or bank\u00adnotes. __ (1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency\u00adnote or bank\u00adnote shall be punished with 3[imprisonment of either description for a term which may extend to one year, or with fine, or with both]. (2) If any person, whose name appears on a document the making of which is an offence under sub\u00adsection (1),", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c362"}}
{"text": "with fine, or with both]. (2) If any person, whose name appears on a document the making of which is an offence under sub\u00adsection (1), refuses, without lawful excus e, to disclose to a police\u00adofficer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with 3[imprisonment of either description for a term which may extend to one year, or with fine, or with both]. (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub\u00adsection (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made.] 4[489F. Dishonestly issuing a cheque. __ Whoever dishonestly issues a cheque towards re\u00adpayment of a loan or fulfillment of an obligation which is dishonoured on presentation, shall be punishable with imprisonment which may extend to three years, or with fine, or with both, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.] 5[489G. Counterfeiting or using documents resembling Prize Bonds or unauthorized sale thereof. __ Whoever counterfeits or causes to counterfeit, or delivers to any person, or performs any act, or uses for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c363"}}
{"text": "Prize Bonds or unauthorized sale thereof. __ Whoever counterfeits or causes to counterfeit, or delivers to any person, or performs any act, or uses for any purpose whatsoever, any document purporting to be, or in any manner resembling, the Prize Bond or the Serial Number of Prize Bonds, or sells or promotes the sale of Prize Bonds or Serial Number of Prize Bonds unless authorized by the Federal Government, shall be punished with the imprisonment of either description for a term which may extend to seven years and with fine.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \u201ctransportation for life\u201d. 2S.489E.ins. by the Indian Penal Code(Amdt.) Act, 1943(6 of 1943), s.2. 3Subs. by the Criminal Law (Amdt.) Act, 1976 (8 of 1976), s.2, for \u201cfine which may extend to one hundred rupees\u201d. 4Ins. by Ord. 85 of 2002, s.2. 5Ins. by Act 23 of 2012, s.2. Page 170 of 179 CHAPTER XIX OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE 490. [Breach of contract of service during voyage or journey.] Rep. by the Workmen\u2019s Breach of Contract (Repealing) Act, 1925 (III of 1925), s. 2 and Sch. 491. Breach of contract to attend on and supply wa nts of helpless person. Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c364"}}
{"text": "any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own sa fety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 1[six hundred rupees], or with both. 492. [Breach of contract to serve at distant place to which servant is conveyed at master's expense.] Rep. by the Workmen's Breach of Contract (Repealing) Act, 1925 (Ill of 1925), s. 2 and Sch. CHAPTER XX OF OFFENCES RELATING TO MARRIAGE 493. [Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.] Rep. by the Offences of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), s. 19 (w.e.f. the 10th day of February, 1979). 2[493A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.__ Every man who deceitfully causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty\u00adfive years and shall also be liable to fine.] 494. Marrying again during lifetime of husband or wife. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c365"}}
{"text": "a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such hu sband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.__ This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is c ontracted of the real state of facts so far as the same are within his or her knowledge. 1Sub.by Ord.86 of 2002, s.2 and sch\u00adI. 2Ins. by Act VI of 2006,s.6. Page 171 of 179 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted. Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description f or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c366"}}
{"text": "the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description f or a term which may extend to ten years, and shall also be liable to fine. 496. Marriage ceremony fraudulently gone through without lawful marriage. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1[496A. Enticing or taking away or detaining with criminal intent a woman. Whoever takes or entices away any woman with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 496B. Fornication.__ (1) A man, and woman not married to each other are said to commit fornication if they willfully have sexual intercourse with one another. (2) Whoever commits fornication shall be punished with imprisonme nt for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees. 496C. Punishment for false accusation of fornication .__ Whoever brings or levels or gives evidence of false charge of fornication against any person, shall be punished with imprisonment for a term which may extend to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c367"}}
{"text": "or levels or gives evidence of false charge of fornication against any person, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not-exceeding ten thousand rupees: Provided that a Presiding Officer of a Court dismissing a complaint under section 203C of the Code of C riminal Procedure, 1898 and after providing the accused an opportunity to show cause if satisfied that an offence under this section has been committed shall not require any further proof and shall forthwith proceed to pass the sentence.] 497. [Adultery.] Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), s. 19 (w.e.f the 10th day of February, 1979). 498. [Enticing or taking away or detaining with criminal intent a married woman.] Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), s. 19 (w.e.f the10th day of February, 1979). 2[CHAPTER XXA OF OFFENCES AGAINST WOMEN 498A. Prohibition of depriving women from inheriting property.__ whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both. 1Ins. by Act VI of 2006 ,ss.6 & 7. 2Ins. by Act XXVI of 2011, s. 3. Page 172 of 179 498B. Prohibition of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "203C", "domain": "general", "chunk_id": "Pakistan Penal Code_c368"}}
{"text": "both. 1Ins. by Act VI of 2006 ,ss.6 & 7. 2Ins. by Act XXVI of 2011, s. 3. Page 172 of 179 498B. Prohibition of forced marriage. __ whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of either description for a term, which may extend to seven years or for a term which shall not be less than three years and shall also be liable to fine of five hundred thousand rupees 1[:] 1[Provided that in case of a female child as defined in the Child Marriage Restraint Act, 1929 (XIX of 1929), or a non\u00adMuslim woman, the accused shall be punished with imprisonment of either description for a term which may extend to ten years but shall not be less than five years and shall also be liable to fine which may extend to one million rupees.] 498C. Prohibition of marriage with the Holy Quran. __ Whoever compels or arranges or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of either description which may extend to seven years which shall not be less than three years and shall be liable to fine of five hundred thousand rupees. Explanation.__ Oath by a woman on Holy Quran to remain unmarried for the rest of her life or, not to claim her share of inheritance shall be deemed to be marriage with the Holy Quran.] CHAPTER XXI OF DEFAMATION 499. Defamation. Whoever by words", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c369"}}
{"text": "to claim her share of inheritance shall be deemed to be marriage with the Holy Quran.] CHAPTER XXI OF DEFAMATION 499. Defamation. Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person 2[.] (2) 2* * * * * * * Explanation 1.__ It may amount to defamation to impute anything to a deceas ed person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.__ It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3. __ An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.__ No imputation is said to harm a person\u2019s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loath some state, or in a state generally considered", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c370"}}
{"text": "person, or causes it to be believed that the body of that person is in a loath some state, or in a state generally considered as disgraceful. 1Sub. & added by Act IV of 2017, s.2. 2Subs. and omitted by Act IV of 1986, s.2. Page 173 of 179 Illustrations (a) A says\u00ad\u201cZ is an honest man \u037e he never stole B\u2019s watch\u201d \u037e intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions. (b) A is asked who stole B\u2019s watch. A points to Z, intending to cause it to be believed that Z stole B\u2019s watch. This is defamation, unless it fall within one of the exceptions. (c) A draws a picture of Z running away with B\u2019s watch, intending it to be believed that Z stole B\u2019s watch. This is defamation, unless it fall within one of the exceptions. First Except ion.__ Imputation of truth which public good requires to be made or published. It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is f or the public good is a question of fact. Second Exception. Public conduct of public servants.__ It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or resp ecting", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c371"}}
{"text": "to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or resp ecting his character, so far as his character appears in that conduct, and no further. Third Exception. Conduct of any person touching any public question. It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z\u2019s conduct in petitioning Government on a public question in signing or requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. Fourth Exception.__ Publications of reports of proceedings of Courts. It is not defamation to publish a substantially true report of the proceedings of a Court of Jus tice, or of the result of any such proceedings. Explanation.__ A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section. Fifth Exception.__ Merits of case decided in Court or conduct of witnesses and others concerned.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c372"}}
{"text": "is a Court within the meaning of the above section. Fifth Exception.__ Merits of case decided in Court or conduct of witnesses and others concerned. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justic e, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Page 174 of 179 Illustrations (a) A says\u00ad\u201cI think Z\u2019s evidence on that trial is so contradictory that he must be stupid or dishonest.\u201d A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z\u2019s character as it appears in Z\u2019s conduct as a witness, and no further. (b) But if A says\u00ad\u201cI do not believe what Z asserted at that trial because I know him to be a man without veracity\u201d. A is not within this exception, inasmuch as the opinion which he expresses of Z\u2019s character, is an opinion not founded on Z\u2019s conduct as a witness. Sixth Exception.__ Merits of public performance. It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c373"}}
{"text": "its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation.__ A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Illustrations (a) A person who publishes a book, submits that book to the judgment of the public. (b) A person who makes a speech in public, submits that speech to the judgment of the public. (c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public. (d) A says of a book published by Z\u00ad\u201cZ\u2019s book is foolish : Z must be a weak man. Z\u2019s book is indecent \u037e Z must be a man of impure mind.\u201d A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z\u2019s character only so far as it appears in Z\u2019s book, and no further. (e) But if A says\u00ad\u201cI am not surprised that Z\u2019s book is foolish and indecent, for he is a weak man and a libertine.\u201d A is not within this exception, inasmuch as the opinion which he expresses of Z\u2019s character is an opinion not founded on Z\u2019s book. Seventh Exception.__ Censure passed in good faith by person having lawful authority over another. It is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c374"}}
{"text": "character is an opinion not founded on Z\u2019s book. Seventh Exception.__ Censure passed in good faith by person having lawful authority over another. It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A Judge censuring in good faith the conduct of a witness, or of an officer of the Court \u037e a head of a department censuring in good faith those who are under his orders \u037e a parent censuring in good faith a child in the presence of other children \u037e a schoolmaster, whose authority is derived from a parent, censuring in good faith a pu pil in the presence of other pupils \u037e a master censuring a servant in good Page 175 of 179 faith for remissness in service \u037e a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier\u00adare within this exception. Eighth Exception.__ Accusation preferred in good faith to authorized person. It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation. Illustration If A in good faith accuses Z before a Magistrate \u037e if A in good faith complains of the conduct of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c375"}}
{"text": "matter of accusation. Illustration If A in good faith accuses Z before a Magistrate \u037e if A in good faith complains of the conduct of Z, a servant, to Z\u2019s master \u037e if a in good faith complains of the conduct of Z, a child, to Z\u2019s father\u00adA is within this exception. Ninth Exception.__ Imputation made in good faith by person for protection of his or other\u2019s interest. It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interest of the person mak ing it, or of any other person, or for the public good. Illustrations (a) A, a shopkeeper, says to B, who manages his Business\u00ad\u201cSells nothing to Z unless he pays you ready money, for I have no opinion of his honesty.\u201d A is within the exception, if he has m ade this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good. A is within the exception. Tenth Exception.__ Caution intended for good of person to whom conveyed or for public good. It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c376"}}
{"text": "convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. 1500. Punishment for defamation. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both 2[:] 2[Provided that the originator of the defamatory imputation shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which shall not be less than one hundred thousand rupees, or with both. Explanation.__ \u201cOriginator\u201d means the initiator of a defamatory imputation.] 1In this section for the word \"simple\" the word \"rigorous\" has been subs. in its application to the Province of West Pakistan by (W. P. Act 32 of 1964), s. 2. 2Subs. and Ins. by Act IX of 04, ss.7,8. Page 176 of 179 1501. Printing or engraving matter known to be defamatory. Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 502. Sale of printed or engraved substance containing defamatory matter. Whoever sells or offers for sale any printed or engraved substance con taining defamatory matter, knowing that it contains such matter, shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c377"}}
{"text": "defamatory matter. Whoever sells or offers for sale any printed or engraved substance con taining defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 2[502A. Trial of offences under this Chapter.__ Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Court of Session shall have the jurisdiction to try an offence under this Chapter and decide it within a period of ninety days.] CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 503. Criminal intimidation. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.__ A threat to injure the reputation of a ny deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B\u2019s house. A is guilty of criminal intimidation. 504. Intentional insult with intent to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c378"}}
{"text": "guilty of criminal intimidation. 504. Intentional insult with intent to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 3[505. Statement conducing to public mischief. __ (1) Whoever makes, publishes or circulates any statement, rumour or report, (a) with intent to cause or incite, or which is likely to cause or incite, any officer, soldier, sailor, or airman in the Army, Navy or Air Force of Pakistan to mutiny or otherwise disregard or fail in his duty as such \u037e or 1In this section for the word \"simple\" the word \"rigorous\" has been subs. in its application to the Province of West Pakistan by (W. P. Act 32 of 1964), s. 2. 2Subs. and Ins. by Act IX of 04, s.8. 3The original s. 505 have successively been amended by the Indian Penal Code (Amdt.) A ct, 1898 (4 of 1898), s. 6, the Repealing and Amending Act 1927 (10 of 1927), s. 2 and Sch I, the Amending Act, 1934 (35 of 1934), s. 2 and Sch., A. O.1961, Art. 2 and Sch. (23\u00ad3\u00ad56), and the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 2 (w.e.f. 28th July, 1973), to read as above. Page 177", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c379"}}
{"text": "and Sch. (23\u00ad3\u00ad56), and the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 2 (w.e.f. 28th July, 1973), to read as above. Page 177 of 179 (b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity \u037e or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment for a term which may extend to seven years and with fine. (2) Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill\u00adwill between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment for a term which may extend to seven years and with fine. Explanation.__ It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c380"}}
{"text": "reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.] 506. Punishment for criminal intimidation. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both \u037e If threat be to cause death or grievous hurt, etc. and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 507. Criminal intimidation by an anonymous communication. Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section. 508. Act caused by inducing person to believe that he will be rendered an o bject of the Divine displeasure. Whoever voluntarily causes or attempts to cause any person to do anything which that", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c381"}}
{"text": "he will be rendered an o bject of the Divine displeasure. Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \"Transportation\". Page 178 of 179 Illustrations (a) A sits dhurna at Z\u2019s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section. (b) A threatens Z that, unless Z performs a certain act, A will kill one of A\u2019s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. 1[509. Insulting modesty", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c382"}}
{"text": "the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. 1[509. Insulting modesty or causing sexual harassment.__ Whoever,__ (i) intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman\u037e (ii) conduct sexual advances, or demand sexual favours or uses verbal or non\u00adverbal communication or physical conduct of a sexual nature which intends to annoy, insult, intimidate or threaten the other person or commits such acts at the premises of workplace, or makes submission to such conduct either explicitly or implicitly a term or condition of an individuals employment, or makes submission to or rejection of such conduct by an individual a basis for employment decision affecting such individual, or retaliates because of rejection of such behaviour, or conducts such behaviour with the intention of unreasonably interfering with an individual\u2019s work performance or creating an intimidating , hostile, or offensive working environment\u037e shall be punished with imprisonment which may extend to three years or with fine up to five hundred thousand rupees or with both. Explanation 1.__ Such behaviour might occur in public place, including, but not limited to, markets, public transport, streets or parks, or it might occur in private places including, but not limited to workplaces, private gatherings,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c383"}}
{"text": "but not limited to, markets, public transport, streets or parks, or it might occur in private places including, but not limited to workplaces, private gatherings, or homes. Explanation 2.__ Workplace means, the place of work or the premises where an organi zation or employer operates, this may be a specific building, factory, open area or a larger geographical area where the activities of the organization are carried out. Sexual advances may occur after working hours and outside workplace. It is the access that perpetrator has to the person being harassed by virtue of a job situation or job related functions and activities.]. 510. Misconduct in public by a drunken person. Whoever, in a state of intoxication appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to 2[seven days but shall not be less than fourty eight hours], or with fine which may extend to 2[one hundred thousand rupees but shall not be less than ten thousand rupees], or with both. 1Subs. by Act I of 2010, s. 2. 2Subs. by Act XVIII of 2018,s.2. Page 179 of 179 CHAPTER XXIII OF ATTEMPTS TO COMMIT OFFENCES 511. Punishment for attempting to commit offences punishable with 1[imprisonment for life or for a shorter term]. Whoever attempts to commit an offence punishable by this Code with 2[imprisonment", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c384"}}
{"text": "to commit offences punishable with 1[imprisonment for life or for a shorter term]. Whoever attempts to commit an offence punishable by this Code with 2[imprisonment for life], or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt be puni shed with 3[imprisonment of any description provided for the offence, for a term which may extend to one\u00adhalf of the longest term of imprisonment provided for that offence] or with such fine 4[daman] as is provided for the offence, or with both. Illustrations (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z\u2019s pocket. A fails in the attempt in consequence of Z\u2019s having nothing in his pocket. A is guilty under this section. _________ Dated: 30-11-2025 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for \u201ctransportation or imprisonment\u201d. 2Subs. ibid., for \u201ctransportation\u201d. 3Subs. ibid., for certain words. 4Ins. by Act No. II of 1997 s. 10.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/Pakistan_Penal_Code.pdf", "act_name": "Pakistan Penal Code", "year": "N/A", "section": "N/A", "domain": "general", "chunk_id": "Pakistan Penal Code_c385"}}
{"text": "REGISTERED No, 5.1033 COs L.-7646 EXTRAORDINARY PUBLISHED BY AUTHORITY a a ISLAMABAD, THURSDAY, APRIL 12, 1973 Tite SS a PART L Acts, Ordinances, President\u2019s Orders and Regulations NATIONAL ASSEMBLY OF PAKISTAN NOTIFICATION Islamabad, the 12th April, 1973 No. F. 23 (2)|73-Legis.\u2014The Constitution of the Islamic Republic ~ ot Pakistan, enacted by the National Assembly of Pakistan on, the 10th of April, 1973, and authenticated by the President of the National Assembly on the 12th of April, 1973, is hereby published for general information :\u2014 CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN CONTENTS PREAMBLE PART I! INTRODUCTORY ARTICLE PAGE 1. The Republic and its territories .. - - . 213 2, Islam to be State religion - seas a as 213 3, Elimination of exploitation \u201ca : . - 213 4, Right of individuals to be dealt with in accordance with law, etc, .. = ee a: 28 os ms 214 5. Loyalty to State and obedience to Constitution andlaw 214 6. Hightreason .. ws - - - - 214 (195) Price : Rs. 2.50 [3872 Bx. Gaz.] 196 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr } = - === PART I oS FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY ARTICLE PGR 7. Definition of the State . 215 CHAPTER I. \"FUNDAMENTAL RIGHTS 8 Laws inconsistent with or in derogation of Fundamental Rights to be void _ .. - . .. . 215 9. Security of person \u2018H - : 7 . 216 10. Safeguards as to arrest and detention", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c0"}}
{"text": "void _ .. - . .. . 215 9. Security of person \u2018H - : 7 . 216 10. Safeguards as to arrest and detention he _ . 216 11. Slavery, forced labour, etc,, prohibited... - .. 218 12. Protection against retrospective punishment . 7 219 13. Protection against double punishment and self-incrimination, 419 14, Inviolability of dignity of man, etc, se - _ We 15. Freedom of movement, etc. sm - . - 419 16. Freedom of assembly .. i ss - . 20 17. Freedom of association .. - .. - 220 18. Freedom of trade, business or profession .. . 220 19. Freedom of speech, etc, a ok _ - 220 20. Freedom to profess religion and to manage religious institutions, 221 21. Safeguard against taxation for purposes of any particular religion - - . ni : . 221 22, Safeguards as to educational jnstitutions in respect of religion, 23. Provision as to property \u201c3 . - . 222 24. Protection of property rights... - tnt ae 222 25. Equality of citizens se a - - - 223 26. Non-discrimination in respect of access to public places . 223 27. Safeguard against discrimination in services - ea 224 28. Preservation of language, script and culture . - 224 CHAPTER 2,\u2014PRINCIPLES OF POLICY 29. Principles of Policy .. . a - - 225 30, Responsibility with respect to Principles of Policy .. - 225 part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 pct 1 TE 17", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c1"}}
{"text": "30, Responsibility with respect to Principles of Policy .. - 225 part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 pct 1 TE 17 ARTICLE PAGE 31, Islamic way of life \u00a9. - - \u2018 - 226 32, Promotion of local Government institutions i - 226 33, Parochial and other similar prejudices to be discouraged .. - 226 34, Full participation of women in national life . a 226 35. Protection of family, etc, a a a fod 226 36, Protection of minorities - - 6 - 227. 37, Promotion of social justice and eradication of social evils... 227 38. Promotion of social and economic well-being of the people . 228 39, Participation of people in armed forces... . - 228 40, Strengthening bonds with Muslim world and promoting inter- national peace - a _ . . 229 PART I THE FEDERATION OF PAKISTAN CHAPTER 1.\u2014THE PRESIDENT 41, The President - . .. . . 229 42, Oath of President a . - - - 230 43, Conditions of President\u2019s office .. - . . 230 44, Term of office of President - - 230 45, President\u2019s power to grant pardon, etc, .. .. . 231 46. President to be keptinformed .. i a a 231 47, Removal of President .. . i - . 231 48. President to act on advice, etc, .. i ais - 232 49, Chairman or Speaker to act as, or perform functions of President ae oe . on \u201c* . 232 CHAPTER 2.\u2014-THE", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c2"}}
{"text": "i ais - 232 49, Chairman or Speaker to act as, or perform functions of President ae oe . on \u201c* . 232 CHAPTER 2.\u2014-THE PARLIAMENT COMPOSITION, DURATION AND MEETINGS OF PARLIAMENT 50, Parliament - a a . = - 233 51. National Assembly a sss - 233 198 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr I . = ARTICLE PAGr 52. Duration of National Assembly .. + 234 53. Speaker and Deputy Speaker of National Assembly 234 54. Summoning and prorogation of Parliament 235 55. Voting in Assembly and quorum 236 56. Address by President 236 57. Right to speak in Parliament 236 58. Dissolution of National Assembly \u2018996 59, The Senate 237 60. Chairman and Deputy Chairman 237 61. Other provisions relating to Senate .. 237 Provisions as to Members of Parliament 62, Qualifications for membership of Parliament 238 63. Disqualifications for membership of Parliament 238 64, Vacation of seats 239 65. Oath of members 239 66. Privileges of members, etc, 239 Procedure Generally 67. Rules of Procedure, etc, 240 68. Restriction on discussion in Parliament 240 69. Courts not to inquire into proceedings of Parliament 241 Legislative Procedure 70. Bills relating to matters in Part I of the Federal Legislative List .. 241 71. Bills relating to matters in Part II of the Federal Legislative List or the Concurrent Legislative List . 242 72. Procedure at joint sittings 242 Part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 199 \u2014_\u2014\u2014 ARTICLE PAGE 73. Procedure", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c3"}}
{"text": "List . 242 72. Procedure at joint sittings 242 Part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 199 \u2014_\u2014\u2014 ARTICLE PAGE 73. Procedure with respect to Money Bills 243 74. Federal Government\u2019s consent required for financial measu- 75. Assent by the President i\" 76. Bill not to lapse on prorogation, etc, 2A5 77, Tax to be levied by law only 245 Financial Procedure 78. Federal Consolidated Fund and Public Account ee 245 79. Custody, etc., of Federal Consolidated Fund and Public Account es ss T - mT) 246 80, Annual Budget Statement - .e - a 246 81. Expenditure charged upon Federal Consolidated Fund a 246 82. Procedure relating to Annual Budget Statement... a 247 83. Authentication of schedule of authorised expenditure a 248 84, Supplementary and excess grants - - - 248 85. Votes on account - . - - a8 249 | 86. Power to authorjze expenditure when Assembly stands dissol- ved .. sas os . . aa ws 249 87. Secretariats of Parliament - - a a 249 88. Finance Committees... - \u2018a - - 250 Ordinances 89. Power of President to promulgate Ordinances v as 250 CHAPTER 3.\u2014THE FEDERAL GOVERNMENT 90. The Federal Government ee a aa r 251 91, The Prime Minister... - - i 251 200 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr I eee = \u2014 ARTICLE PAGB 92, Federal Ministers and Ministers of State .. a - 252 93. Prime Minister continuing in office . . - 253", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c4"}}
{"text": "= \u2014 ARTICLE PAGB 92, Federal Ministers and Ministers of State .. a - 252 93. Prime Minister continuing in office . . - 253 94, Resignation of Prime Minister .. . a - 253 95. Federal Minister performing functions of Prime Minister 253 96. Vote of no-confidence against Prime Minister 2 - 254 97, Extent of executive authority of Federation a 255 98. Conferring of functions on subordinate authorities 256 99. Conduct of business of Federal Government - 256 100. Attorney-General for Pakistan .. . a 256 PART IV PROVINCES CHAPTER 1.\u2014THE GOVERNORS 101. Appointment of Governor - . - . 257 102. Oath of office - - = a . 257 103. Conditions of Governor\u2019s office ... _ - - 257 104. Acting Governor - = \u00abos ~s 5.3 258 105. Governor to act on advice, etc. \u2014. on _ +e 258 CHAPTER 2.\u2014PROVINCIAL ASSEMBLIES 106. Constitution of Provincial Assemblies - - | 258 107. Duration of Provincial Assembly - ~ _ 259 108. Speaker and Deputy Speaker - a ~_ 259 109, Summoning and prorogation of Provincial Assembly - 260 110. Right of Governor to address Provincial Assembly... _ 260 Part I] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12 1973 201 ARTICLE a PAGB 111. Right to speak in Provincial Assembly 260 112. Dissolution of Provincial Assembly 260 113. Qualifications for membership of Provincial Assembly 260 114. Restriction on discussion in Provincial Assembly 261 115. Provincial Government's consent rneasures . = required for financial \u201d 116. Assent", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c5"}}
{"text": "of Provincial Assembly 260 114. Restriction on discussion in Provincial Assembly 261 115. Provincial Government's consent rneasures . = required for financial \u201d 116. Assent by the Governor _. . _ 262 117. Bull not to lapse on prorogation, etc, - 263 Financial Procedure 118. Provincial Consolidated Fund and Public Account = 263 119. Custody, etc., of Provincial Consolidated Fund and Public Account ~ we . - 263 120. Annual Budget Statement - 263 121. Expenditure charged upon Provincial Consolidated Fund .. 264 122. Procedure relating to Annual Budget Statement .. - 265 123. Authentication of Schedule of authorized expenditure - 265 124. Supplementary and excess grant _ 266 125. Votes on account a 266 126. Power to authorize expenditure when Assembly stands dissol- ved .. ; - . 267 127. Provisions relating to National nase etc., to apply to Provincial Assembly, etc. + - 267 Ordinances 128. Power of Governor to promulgate Ordinances 268 CHAPTER 3.\u2014THE PROVINCIAL GOVERNMENTS 129. The Provincial Government 268 130. Governor to be kept informed .. - 269 202 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] ARTICLE PAGE 131. The Chief Minister .. . as os vs 269 132, Provincial Ministers \u2014 . . . 970 133. Chief Minister continuing in office 2 - 270 134. Resignation by Chief Minister \u2014 wa . - 270 135. Provincial Minister performing functions of Chief Minister .. 27] 136. Vote of no-confidence against Chief Minister = . 272 137. Extent of executive authority of Province", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c6"}}
{"text": "Minister performing functions of Chief Minister .. 27] 136. Vote of no-confidence against Chief Minister = . 272 137. Extent of executive authority of Province - es 273 138. Conferring of functions on subordinate authotities ... _ 273 139. Conduct of business of Provincial Government \u2014 - 273 140. Advocate-General for a Province es - -- 273 PART V RELATIONS BETWEEN FEDERATION AND PROVINCES CHAPTER 1.\u2014DISTRIBUTION OF LEGISLATIVE POWERS 141. Extent of Federal and Provincial laws = - 274 142. Subject-matter of Federal and Provincial laws ~- 3 274 143. Inconsistency between Federal and Provincial laws se 275 144. Power of Parliament to legislate for two or more Provinces by consent = . .. es a .- 275 CHAPTER 2.\u2014ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND PROVINCES 145. Power of President tozdirect Governor to discharge certain functions as his Agent - -. - i 275 146, Power of Federation to confer powers, etc., on Provinces, in certain cases .. inj nt - - ~ 276 147. Power of the Provinces to entrust functions to the Federation... 276 pant I] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 393 \u2014\u2014\u2014 ARTICLE PAGB 148. Obligation of Provinces and Federation - ~ 276 149, Directions to Provinces in certain cases _ ~ _ 977 150. Full faith and credit for public acts, etc, \u2014_ | = - 277 151. Inter-Provincial trade .. - - _ 7 277 152. Acquisition of land for Federal purposes - a 278 CuHapPTeR 3.\u2014SPECIAL PROVISIONS: 153. Council of Common Interests", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c7"}}
{"text": "trade .. - - _ 7 277 152. Acquisition of land for Federal purposes - a 278 CuHapPTeR 3.\u2014SPECIAL PROVISIONS: 153. Council of Common Interests _ - ~ _ 279 154. Functions and rules of procedure ~ | ~ - 279 155. Complaints as to interference with water supplies \u2014 ~ 280 156. National Economic Council ini _ - = 281 157. Electricity - sie ~ - = ~- 281 158. Priority of requirements of natural gas. = - 282 159. Broadcasting and telecasting - - = \u00e9s 282 PART VI FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER 1,\u2014FINANCE Distribution of Revenues between the Federation and the Provinces 160. National Finance Commission \u2014 ~ - _ 284 161. Natural gas and hydro-electric power ~ = in 286 162. Prior sanction of President required to Bills affecting taxation in which Provinces are interested a ~ es 286 163. Provincial taxes in respect of professions, etc. \u2014 - 286 204 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr } AiTICLE Pacr Miscellaneous Financial Provisions 164. Grants out of Consolidated Fund \u201d _ _ 287 165. Exemption of certain public property from taxation _ 287 CHAPTER 2.-BORROWING AND AUDI 166. Borrowing by Federal Government _ - ~ 287 167. Borrowing by Provincial Government .-. 287 Audit and Accounts 168. Auditor-General of Pakistan \u2014 = _ - 288 169. Functions and power of Auditor-General _ -_ 289 170. Power of Auditor-General to give directions as to accounts \u2014 289 171. Reports of Auditor-General =", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c8"}}
{"text": "Functions and power of Auditor-General _ -_ 289 170. Power of Auditor-General to give directions as to accounts \u2014 289 171. Reports of Auditor-General = \u2014 = ms 289 CHAPTER 3.\u2014PROPERTY, CONTRACTS, LIABILITIES AND SUITS 172. Ownerless property - - = - ~ 239 173. Power to acquire property and to make contracts, etc. = 290 174. Suits and proceedings .. 291 PART VII THE JUDICATURE Carrer 1.-THE COURTS 175. Establishment and jurisdiction of courts .. 291 CuaptTer 2,-THE SUPREME COURT OF PAKISTAN 176. Constitution of Supreme Court .. 29) 177. Appointment of Supreme Court Judges 292 aly pant 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014= 205 ee ARTICLB PAGE ... 178. \u2018Oath of office 292 \u00b0 179. Retiring age | 999 130, Acting Chief Justice 292 181. Acting Judges 993 182, Appointment of ad hoc Judges 293 183, Seat of the Supreme Court 94 184. Original jurisdiction of Supreme Court 294 185. Appellate jurisdiction of Supreme Court a . : . 294 186, Advisory jurisdiction .. a oa \u2014 ' 296 | 187. Issue and execution of processes of Supreme Court 296 188. Review of judgments or orders by the Supreme Court . 296 . | 189, Decisions of Supreme Court binding on other courts an 296 190. Action in aid of Supreme Court .. we \u201c ve. 297 191, Rules of procedure... 0M a - 297 CHAPTER 3.\u2014THE HIGH COURTS 192, Constitution of High Court. ae 297 193. Appointment of High Court Judges a ee", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c9"}}
{"text": "of procedure... 0M a - 297 CHAPTER 3.\u2014THE HIGH COURTS 192, Constitution of High Court. ae 297 193. Appointment of High Court Judges a ee 298 194. Oath of office \u201ca o. a ny ws 298 195, Retiring age .. - #3 - - 68 299. 196. Acting Chief Justice .. \u201c= #6 a \u201c 299 197, Additional Judges... ss - \" \u201caD 198, Seat of the High Court - mi - - 299 199, Jurisdictlon of High Court - \u20183 - oe 300 \u00a9 % 206 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | ARTICLE PAGER 200. Transferjof High Court Judges .. os +8 i. 302 201. Decision of High Court binding on subordinate courts ve 303 202. Rulesof Procedure .. - es v eo 303 203, High Court to superintend subordinate courts... os 303 CuapTer 4.\u2014GENERAL PROVISIONS RELATING TO THE JUDICATURE 204. Contempt of Court... a a we a 303 205. Remuneration, etc., of Judges .. | ws - we 304 206. Resignation .. - se ss . 304 207. Judge not to hold office of profit, etc. _ . 304 208, Officers and.servants of Courts .. ws sa a 305 209. Supreme Judicial Council - - 988 - 305 210. Power of council to enforce attendance of persons, etc, - 307 211. Bars of jurisdiction aa ws a - . 307 212, Administrative courts and Tribunals . . a 307 PART VIII ELECTIONS CuHarTer 1.\u2014CHIEF BLECTION COMMISSIONER AND BLECTION COMMISSIONS 213, Chief Blection Commissioner... [x", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c10"}}
{"text": "307 212, Administrative courts and Tribunals . . a 307 PART VIII ELECTIONS CuHarTer 1.\u2014CHIEF BLECTION COMMISSIONER AND BLECTION COMMISSIONS 213, Chief Blection Commissioner... [x - - 308 214. Commissioner\u2019s oath of office .. . . 7\u201d 309 215. Term of office of Commissioner .. a ns a 309 216, Commissioner not to hold office of profit,. . . 309 217, Acting Commissioner .. - _ ve . 310 218, Blection Commission .. - a - aa 310 pant I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 \u00bb 1973 207 ARTICLE PAGE 219. Duties of Commissioner 311 920, Bxecutive authorities to assist Commission, etc. 311 221. Officers and servants 311 CHAPTER 2.\u2014-ELECTORAL LAWS AND CONDUCT OF BLECTIONS 222. Hlectoral laws 312 223. Bar against double membership .. 312 924, Time of election and bye-election 313 225, Blection dispute 314 226. Blections to be by secret ballot .. 314 PART IX ISLAMIC PROVISIONS 927, Provisions relating to the Holy Quran and Sunnah ~. 314 228, Composition, etc., of Islamic Council... _ _ 315 229, Reference by Parliament, etc., to Islamic Council ... = 316 230. Functions of the Islamic Council as - - 316 231. Rulesof procedure \u2014 exe ~ wa - 317 PART X EMERGENCY PROVISIONS 232. Proclamation of emergency on account of war, internal dis- 317 turbance, etc. .. ~ \u201d ane - = 233. Power to suspend Fundamental Rights, etc., during emergency ago period ae ess wad . oe \u201c ; 234. Power to issue Proclamation in case", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c11"}}
{"text": "233. Power to suspend Fundamental Rights, etc., during emergency ago period ae ess wad . oe \u201c ; 234. Power to issue Proclamation in case of failure of Constitution- ol al machinery in a Province \"rs 4 _ _ 235. Proclamation in case of financial emergency _ \u201c 323 208 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | ARTICLE PaGr 236. Revocation of Proclamation, etc. ~ = 323 237. Parliament may make laws of indemunity, etc. - 324 PART XI AMENDMENT OF CONSTITUTION 238. Amendment of Constitution - a 324 239. Constitution amendment Bill \u2014 sas ws 324 PART XII MISCELLANEOUS CHapTer 1.\u2014SERVICES 240. Appointments to service of Pakistan and conditions of service , = = ~- 325 241. Existing rules, etc., to continue - = 326 242. Public Service Commission = ~ wis 326 CHapTER 2.\u2014ARMED FORCES 243. Command of Armed Forces \u2014 - - 326 244. Oath of Armed Forces = ~ = 326 245. Functions of Armed Forces ae ~ -_\u2014 327 CHAPTER 3.\u2014TRIBAL AREAS 246. Tribal Areas \u2014 - - om - 327 247. Administration of Tribal Areas \u2014 ~~ a 328 Cuarrer 4.\u2014GENERAL 248. Protection to President, Governor, Minister, etc. \u2014 329 249. Legal proceedings -_ - - 330 250. Salaries, allowances, etc., of the President, etc, 331 part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014= 209 ARTICI PAGE 951. National language = _ _ 7 _ 330 952. Special provisions in relation to major ports and aerodromes, 333 953.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c12"}}
{"text": "\u2014= 209 ARTICI PAGE 951. National language = _ _ 7 _ 330 952. Special provisions in relation to major ports and aerodromes, 333 953. Maximum limits as to property, etc. _ _ _ 333 254. Fare ct comply with an as to time does not rete a4 255, Oath of office - ~ _ _ _ 434 756; Private armies forbidden - _ _ _ 33 4 257, Provision relating to the State of Jammu and Koxtmir 334 258. Government of territories outside Provinces - _ 334 259. Awards i - - ~ _ _ 334 CHAPTER 5.\u2014INTERPRETATION 260. Definitions \u2014 = - - _ _ 335 261. Person acting in office not to be regarded as successor to pre- _ vious occupant of office, etc... - at at 339 262. Gregorian calendar to be used \u2014 -_ - - 340 263. Gender and number. -. 8 = - sas 340 264. Effect of repeal of laws - - \u201ca \u2014 340 | CHAPTER 6.\u2014TITLE, COMMENCEMENT AND REPEAL 265. Title of Constitution and commencement ss v= 341 266. Repeal _ - _ ~- ~ - 341 CHAPTER 7,\u2014-TRANSITIONAL 267. Power of President to remove difficulties \u2014 = - 342 268. Continuance in force, and adaptation of, certain laws oe 342 269. Validation of laws, acts, etc. = _ - oo 343 210 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] ARTICLE PAGE 270. Temporary validation of certain laws, etc, _ ss = 344 271, First National Assembly", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c13"}}
{"text": "OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] ARTICLE PAGE 270. Temporary validation of certain laws, etc, _ ss = 344 271, First National Assembly - = - - 345 272. First Senate \u2014 aa = - = - 346 273. First Provincial Assembly = - - - 348 : 274, Vesting of property, assets, rights, liabilities and obligations 349 275, Continuance in office of persons in service of Pakistan, etc. \u2014 350 276. Oath of first President .. 8 \u00a7 ~ - - 3351 277. Transitional financial provisions - - _ 351 278. Accounts not audited before commencing day - a 352 279. Continuance of taxes \u2014 = \u201c - 7 352 280. Continuance of Proclamation of Emergency = a 352 SCHEDULES First SCHEDULE .. Laws exempted from operation of Article 8 (1) and (2) si we \u201ce 353 SECOND SCHEDULE \u2014 Election of President. .. - an 358 Tump ScHepute .. Oathsof Ofice . = . 363 FourTH SCHEDULE .. Legislative Lists - _ _ 375 Firra SCHEDULE .... Remuneration and terms and conditions of service of Judges . - - 386 SrxTtH SCHEDULE . Laws notto bealtered, repealed or amended without the previous sanction of the Presi- dent - - ~ - 388 ae { PART 4) a \u2014__= ee <== CONSTITUTION GF THE ISLAMIC REPUBLIC OF PAKISTAN be a Malin 2 5 PPA yaad (in the name of Allah, the Beneficent, the Merciful) PREAMBLE WHEREAS sovereignty over the entire Universe belongs to Almighty Allah alone, and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "8", "domain": "general", "chunk_id": "The Constitution of _c14"}}
{"text": "5 PPA yaad (in the name of Allah, the Beneficent, the Merciful) PREAMBLE WHEREAS sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; \u00a9 a . AND WHEREAS it is the will of the people of Pakis- tan to establish an order\u2014 WHEREIN the State shall exercise its powers and authority through the chosen representatives of the people; WHEREIN the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully. observed ; WHEREIN the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnab; WHEREIN adequate frovision shall be \u2018made for the minorities freely to profess and practise their religions and develop their cultures ; WHEREIN the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed ; ; WHEREIN shall be guaranteed fundamental rights, in- Cluding equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality ; | THE GAZETTE OF PAKISTAN, EXTRA.,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c15"}}
{"text": "political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality ; | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 211 3 212 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part ] Soe WHEREIN adequate provision shall be made to safeguard the legitimate interests of minorities and backward ang depressed classes ; WHEREIN the independence of the judiciary shall be fully secured ; WHEREIN the integrity of the territories of the Federa- tion, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguardeg - So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards inter- national peace and progress and happiness of humanity : Now, THEREFORE, we, the people of Pakistan, Conscious of our responsibility before Almighty Allah and men ; Cognisant of the sacrifices made by the people in the cause of Pakistan ; Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice ; Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny ; Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; Do hereby, through our representatives in the National Assembly, adopt, enact", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c16"}}
{"text": "and political unity and solidarity by creating an egalitarian society through a new order; Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution. 213 \u2014_\u2014_\u2014\u2014\u2014_ \u2014 \u2018Part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ee\" PART I INTRODUCTORY 1.\u2014(1) Pakistan shall be a Federal Republic to be The Republic known as the Islamic Republic of Pakistan, hereinafter re- 24 its terri- ferred to as Pakistan. tories, (2) The Constitution shall apply to the followine territories of Pakistan : & (a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) the Federally Administered Tribal Areas; and (ad) such States and territories as are or may be included in Pakistan, whether by accession or otherwise. (3) The Constitution shall be appropriately amended so as to enable the people of the Province of East Pakistan, as and when foreign aggression in that Province and its effects are eliminated, to be represented in the affairs of the Federation. (4) Parliament may by law admit into the Federa- tion new States or areas on such terms and conditions as it thinks fit. 2. Islam shall be the State religion of Pakistan. Islam to be State religion. 3. The State shall ensure the elimination of all forms Bjimination of exploitation and the gradual fulfilment of the funda- of exploita- mental principle, from each according to his ability to ton. each according", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c17"}}
{"text": "forms Bjimination of exploitation and the gradual fulfilment of the funda- of exploita- mental principle, from each according to his ability to ton. each according to his work. 214 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 {Parr J Right of indi- . ; == vdiwin: reas 4.\u2014(1) To enjoy the protection of law and to he dealt. with in \u2018Teated in accordance with law is the inalienable right of accordance with law, etc. Loyalty to State and obedience to Constitu- tion and law. High treason, every citizen, wherever he may be, and of every othe; person for the time being within Pakistan. (2) In particular\u2014 (a) no action detrimental to the life, liberty, body reputation or property of any person shal] be taken except in accordance with law; (5) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and | (c) no person shall be compelled to do that which the law does not require him to do. 5.\u2014(1) Loyalty to the State is the basic duty of every citizen. | oo (2) Obedience to the Constitution and law is the basic obligation of every citizen wherever he may be and of every other person for the time being within Pakistan. 6.\u2014(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c18"}}
{"text": "or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. (2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason. (3) Parliament shall by law provide for the punishment of persons found guilty of high treason. | [PART I THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 215 ParT II FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY 7. In this Part, unless the context requires, \u201cthe State \u201d means the Federal Government, Parliament, a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess. CHAPTER 1.\u2014FUNDAMENTAL RIGHTS 8.\u2014(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such incon- sistency, be void. (2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. | (3) The provisions of this Article shall not apply to\u2014- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c19"}}
{"text": "forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or (b) any of the laws specified in the First Schedule as in force immediately before the commencing day ; and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter. (4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the com- mencing day, the appropriate Legislature shall bring the laws specified in the First Schedule, not being a law which otherwise Definition of the State, Laws inconsis- tent with or in derogation of Fundamental ~ Rights to,be void. 216 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ine cinies mega [Parr | ae RSS Security of person. Safeguards as to arrest and detention. \u2014=. relates to, or is connected with, economic reforms, int formity with the rights conferred by this Chapter : Provided that the appropriate Legislature may by re. solution extend the said period of two years by a period Not exceeding six months. QO COn. Explanation.\u2014If in respect of any law Parliament is the appropriate Legislature, such resolution shall be a resolution of the National Assembly. (5) The rights conferred by this Chapter shall not be. suspended except as expressly provided by the Constitution, 9, No person shall be deprived of life", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c20"}}
{"text": "The rights conferred by this Chapter shall not be. suspended except as expressly provided by the Constitution, 9, No person shall be deprived of life or liberty save in accordance with law. : . 10.\u2014(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period with- out the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law provid- ing for preventive detention. (4) No law providing for preventive detention shall be made except to deal with persons acting in a manner pre- judicial to the integrity, security or defence of Pakistan oF any part thereof, or external affairs of Pakistan, oF public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for 4 period exceeding one month unless the appropriate Review part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 217 \u2014 ; Board", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c21"}}
{"text": "person for 4 period exceeding one month unless the appropriate Review part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 217 \u2014 ; Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is ncontinued after the said period of one month, unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention. Explanation 1\u2014In this Article, \u201cthe appropriate Review Board\u201d means,\u2014 (i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court ; and (ii) in the case of a person detained under a Pro- vincial law. a Board appointed by the Chief Justice of the High Court concerned and con- sisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court. Explanation I1\u2014The opinion of a Review Board shall be expressed in terms of the views of the majority of its members. (5) When any person is detained in pursuance of an order made under any law providing for preventive deten- tion,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c22"}}
{"text": "the majority of its members. (5) When any person is detained in pursuance of an order made under any law providing for preventive deten- tion, the authority making the order shall, as soon as may be, but not later than one week from such detention, com- municate to such person the grounds on which the order has been made, and shall afford him the earliest oppor- tunity of making a representation against the order : Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose. BS 218 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Par (6) The authority making the order shall furnish + the appropriate Review Board all documents releya the case unless a certificate, signed by a Secretary \u00e9, t to Government concerned, to the effect that it is not in i. public interest to furnish any documents, is produceq \u2014~ 0 (7) Within a period of twenty-four months comme ing on the day of his first detention in pursuance of in order made under a law providing for preventive detentio no person shall be detained in pursuance of any such orde: for more than a total period of eight months in the case of a person detained for acting in a manner prejudicia] ve public order and twelve months in any other case : \u00b0 Provided that this clause shall not apply to any person who is employed by, or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c23"}}
{"text": "order and twelve months in any other case : \u00b0 Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy. (8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reason- able subsistence allowance for his family. (9) Nothing in this Article shall apply to any person who for the time being is an enemy alien. Slavery, forced 11.\u2014(1) Slavery is non-existent. and forbidden and no abour, etc, Jaw shall permit or facilitate its introduction into Pakistan prohibited, ; in any form. (2) All forms of forced labour and traffic in human beings are prohibited. (3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. (4) Nothing in this Article shall be deemed to affect compulsory. service\u2014 (a) by any person undergoing punishment for an offence against any law; or ParT I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 219 (b) required by any law for public purpose : Provided that no compulsory service shall be of a crue] nature or incompatible with human dignity. 12. \u2014(1) No law shall authorize the punishment of a person\u2014. (a) for an act or omission that was not punish- able by law at the time of the act or omission ; OT m _ (8) for an offence by a penalty greater than, or of a kind", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c24"}}
{"text": "at the time of the act or omission ; OT m _ (8) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed. (2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an oifence.~ 13. No person\u2014 \\ (a) shall be prosecuted or punished for the same offence more than once; or (b) shall, when accused of an offence, be compelled to be a witness against himself. 14,\u2014(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable. (2) No person shall be subjected to torture for the pur- pose of extracting evidence. 1S. Every citizen shall have the right to remain. in, and, subject to any reasonable restriction imposed by law i the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof. Protection against retrus- pective punish. ment Protection against double punishment and self-incrimina- tion, Inviolability of dignity of man, etc, Freedom of movement, etc. THE GAZETTE OF PAKISTAN. EXTRA. APRIL 12, 1973 [PART | \u2014 ee, \u2014_ -220 Freedom of 16. Every citizen shall have the right to assemble assembly. . peacefully and without arms, subject to any reasonable restrictions imposed by law", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "270", "domain": "general", "chunk_id": "The Constitution of _c25"}}
{"text": "Freedom of 16. Every citizen shall have the right to assemble assembly. . peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order ~ Freedom of . 17.\u2014(1) Every citizen shall have the right to form association, associations or unions, subject to any reasonable restric. tions imposed by law in the interest of morality or public order. .) (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a politica] party. Every political party shall account for the source of its funds in accordance with law. Pe Freedom of \u2014 18. Subject to such qualifications, if any, as may be trade, a prescribed by law, every citizen shall have the right to OF Profession enter upon any lawful profession or occupation, and to conduct any lawful trade or business: Provided that nothing in this Article shall prevent\u2014. (a) the regulation of any trade or. profession by a - licensing system ; or (b) the regulation of trade, commerce or industry in the interest of free competition therein ; or (c) the carrying on, by the Federal Government or a Provincial Government, or by a\u2019 corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons. Freedom of 19. Every citizen shall have the right to freedom of speech, etc. speech and expression, and there shall be freedom of the press,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c26"}}
{"text": "Freedom of 19. Every citizen shall have the right to freedom of speech, etc. speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in r\u00e9lation to contempt of court, defamation or incitement to an offence. part. I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL | 2,1973 221 20. Subject to law, public order and morality,\u2014 (a) every citizen shall have the right to profess, practise and propagate his religion: and (5) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions. 21. No person shall be compelled to pay any special . tax the proceeds of which are to be spent on the pro- pagation or maintenance of any religion other than his own. 22.\u2014(1) No person attending any educational institu- tion shall be required to receive religious instruction, or\u2019 take part in any religious ceremony. or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. (2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation. (3) Subject to law,\u2014 (a) no religious community or denomination shall be prevented from providing religious instruc- tion for pupils of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c27"}}
{"text": "in relation to taxation. (3) Subject to law,\u2014 (a) no religious community or denomination shall be prevented from providing religious instruc- tion for pupils of that community or denomina- tion in any educational institution maintained wholly by that community or denomination ; and (b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race. religion, caste or place of birth. (4) Nothing in this Article shall prevent any public authority from making provision for the advancement of . any socially or educationally backward class of citizens. Freedom to pro- fess religion and tO manage reli- - gious __institu- tions. Safeguard against taxation for purposes of any particular religion. Safeguards as to educational ins- titulions in res- pect of religion, etc. (Part ] 222 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 23. Every citizen shall have the right to acquire, holq Provision as to i and dispose of property in any part of Pakistan, subject to property. the Constitution and any reasonable restrictions impose by law in the public interest. Feormelon of 24.\u2014(1) No person shall be deprived of his property property rights, save in accordance with law. (2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation there. for and either fixes the amount of compensation cr specifies the principles on and the manner in which compensation is to be determined", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c28"}}
{"text": "compensation there. for and either fixes the amount of compensation cr specifies the principles on and the manner in which compensation is to be determined and given. r (3) Nothing in this Article shall affect the validity of\u2014 (a) any law permitting the compulsory acquisition or taking possession of any property for pre- venting danger to life. property or public health: or . (5) any law permitting the taking over of any pro- perty which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or (c) any law relating to the acquisition, administra- tion or disposal of any property which is or is deemed ta be enemy property or evacuee pro- perty under any law (not being property which - has ceased to be evacuee property under any law); or (d) any law providing for the taking over of the management of any-property by the State for 2 limited period, either in the public interest or in .. order to secure the proper management of the - preperty, er for the benefit of its owner; oT ee \u2014 part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 223 (e) any law providing for the acquisition of any class _ of property for the purpose of\u2014 (i) providing education and medical aid to all or any specified class of citizens: or (ii) providing housing and public facilities and | services such as roads, water supply, sewerage,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c29"}}
{"text": "aid to all or any specified class of citizens: or (ii) providing housing and public facilities and | services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or (iil) providing maintenance to those who, on account of unemployment, sickness, infir- mity or old age, are unable to maintain themselves ; or (f) any existing law or any law made in pursuance of Article 253. (4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court. 25.\u2014{1) All citizens are equal before law and are en- Equality of _ titled to equal protection of law. citizens, (2) There shall be no discrimination on the basis of sex alone. (3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. 26.\u2014(1) In respect of access to places of public enter- Paap lainment or resort, not intended for religious purposes only, Of access to there shall be no discrimination against any citizen on the public places. of bee of race. religion, easte, sex, residence or place 224 _ THE GAZETTE OF PAKISYAN, EXTRA., APRIL 12, 1973 [Part ] \u2014_\u2014\u2014\u2014 ay Safeguard against discri- mination in services, Preservation cf language, scrirt and culture.: a (2) Nothing in clause (1) shall prevent the State from making any special provision for women", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "253", "domain": "general", "chunk_id": "The Constitution of _c30"}}
{"text": "in services, Preservation cf language, scrirt and culture.: a (2) Nothing in clause (1) shall prevent the State from making any special provision for women and children. 27.\u2014(1) No citizen otherwise qualified for appoint. ment in the service of Pakistan shall be discriminateg against in respect of any such appointment-on the ground only of race, religion, caste, sex, residence or place of birth: Provided that, for a period not exceeding ten years from the commencing day, posts may be reserved for per- sons belonging to any class or area to secure their adequate representation in the service of Pakistan : Provided further that. in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately perfor- . med by members of the other sex. (2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing. in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority. 28. Subject to Article 251 any section of citizens hav- ing a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose. \u2014_\u2014\u2014 = _\u2014 =e 1973 225 part I] THE GAZETTE", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "251", "domain": "general", "chunk_id": "The Constitution of _c31"}}
{"text": "to preserve and promote the same and subject to law, establish institutions for that purpose. \u2014_\u2014\u2014 = _\u2014 =e 1973 225 part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, = CHAPTER 2.\u2014PRINCIPLES OF POLICY 25.\u2014(1) The Principles set out in this Chapter shall be known as the Principles of Policy, and it is the responsi- bility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with those Principles in so far as they relate to the functions of the organ or authority. (2) In so far as the observance of any particular Prin- ciple of Policy may be dependent upon resources being available for the purpose, the Principle shall be regarded as \u2018being subject to the availability of resources. (3) In respect of each year, the President in relation to the affairs of the Federation, and the Governor of each Province in relation to the affairs of his Province, shall cause to be prepared and laid before the National Assembly or, as the case may be, the Provincial Assembly, a report on the observance and implementation of the Principles of Policy, and provision shall be made in the rules of proce- dure of the National Assembly or, as the case may be, the Provincial Assembly, for discussion on such report. 30.\u2014(1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c32"}}
{"text": "for discussion on such report. 30.\u2014(1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy is that of the organ or authority of the State, or of the person, concerned. (2) The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the State. any organ or authority of the State or any person on such ground. Principles of Policy, Responsibility with respect to Principles of Policy. e s ne 226 THE GAZETTE OF PAKISTAN, EXTRA., APRIL = 12, 1973 [Parr _ le Islamic way of 31.\u2014(1) Steps shall be taken to enable the Muslims of life, Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and bagi concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to _the Holy Quran and Sunnah. (2) The State shall endeavour, as respects the Muslims of Pakistan,\u2014 : (a) to make the teaching of the Holy Quran ang Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran; L (b) to promote unity and the observance of the \u00b0 Islamic", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c33"}}
{"text": "and to secure correct and exact printing and publishing of the Holy Quran; L (b) to promote unity and the observance of the \u00b0 Islamic moral standards; and (c) to secure the proper organisation of zakut, augqaf and mosques. ~ Premotion of _ 32. The State shall encourage local Government insti- local Govern- tutions composed of elected representatives of the areas ment institutions, ae + tc taaee . . ; concerned and in such institutions special representation will be given to peasants, workers and women. Parochial and \u00b0 33. The State shall discourage parochial, racial, tribal. other similar sectarian and provincial prejudices among the citizens. prejudices to be discouraged. - Full p Bricip a- _--- 34. Steps shall be taken to ensure full participa- on viowal life, tion of women in all spheres of national life. aie tara 35. The State shall protect the marriage, the family. . family, ete. the mother and the child. 1 5 4 f Part Yj THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 227 SS = \u2014\u2014\u2014 36. The State shall safeguard the legitimate rights. and interests of minorities, including their due represen- tation in the Federal and Provincial services. 37. The State shall\u2014 (a) (5) (c) (d) (e) (f) (g) (h)- promote, with special care, the educational and economic interests of backward classes or areas ; remove illiteracy and provide free and compul- sory secondary education within minimum possible period ; make technical and professional education generally available and higher ~ education equally", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c34"}}
{"text": "and provide free and compul- sory secondary education within minimum possible period ; make technical and professional education generally available and higher ~ education equally accessible to all on the basis of merit; ensure inexpensive and expeditious justice; make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment ; enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, includ- ing employment in the service of Pakistan; prevent prostitution, gambling and taking of injurious drugs, printing, publication, circula- tion and display of obscene literature and adver- tisements ; prevent the consumption of alcoholic liquor otherwise than for medicinal and. in the case of non-Muslims, religious purposes; and Protection of minoritics. Promotion of social justice and eradicatioi of social evils. 228 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (7) one [Parr } a) decentralise the Government administratig as to facilitate expeditious disposal of its bu ness to meet the convenience and requireme Si- of the public. nts Promotion of 38. The State shall\u2014 social and eco- nomic well-being (a) of the peopl. (b) (c) (d) (e) (f) Participation of 39, secure the well-being of the people, irrespectiy of sex, caste, creed or race, by raising theis standard of living, by preventing the concentra. tion of wealth and means of production ang", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c35"}}
{"text": "irrespectiy of sex, caste, creed or race, by raising theis standard of living, by preventing the concentra. tion of wealth and means of production ang distribution in the hands of a few to the detj- ment of general interest and by ensuring equit- \u2018able adjustment of rights between employers and employees, and landlords and tenants; provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure ; \u2018 provide for all persons employed in the service of Pakistan or otherwise, social security by compulsory social insurance or other means; provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment ; reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan ; and eliminate riba as early as possible. The State shall enable people from all parts people in Armed of Pakistan to participate m the Armed Forces of Pakistan. Forces. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014 a = \u2014_\u2014_ 229 \u2014\u2014 40. The State shall endeavour to preserve and Strengthening strengthen fraternal relations among Muslim countries bonds with based on Islamic unity, support the common interests of the busting world peoples of Asia, Africa and Latin America, promote inter- emmadons national peace", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c36"}}
{"text": "with based on Islamic unity, support the common interests of the busting world peoples of Asia, Africa and Latin America, promote inter- emmadons national peace and security, joster goodwill and friendly peace. relations among all nations and encourage the settlement of international disputes by peaceful means. Part III THE FEDERATION OF PAKISTAN CHAPTER 1.\u2014THE PRESIDENT 41.\u2014(1) There shall be a President of Pakistan who The President. shall be the Head of State and shall represent the unity of the Republic. (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty- five years of age and is qualified to be elected as member of the National Assembly. | (3) The President shall be elected by the members of Parliament in joint sitting in accordance with the provi- sions of the Second Schedule. (4) Election to the office of President shall be held not earlier than sixty days and not later than thirty days Deore the expiration of the term of the President in office : Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. 230 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | Oath of President, Conditions of President\u2019s office, Term of office of President. President shall be held not later than thirty days from ne the period aforesaid because the National Assem dissolved, it", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c37"}}
{"text": "Term of office of President. President shall be held not later than thirty days from ne the period aforesaid because the National Assem dissolved, it shall be held within thirty days of the election to the Assembly. SSS (5) An election to fill a vacancy in the offi occurrence of the vacancy : \u20ac Provided that, if the election cannot be held Within bly is 8\u20acnera] (6) The validity of the election of the President shal] not be called in question by or before any Court or other authority. | 42. Before entering upon effice, the President Shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule. 43.\u2014(1) The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the ren- dering of services. (2) The President shall not be a candidate for election as a member of Parliament or a Provincial Assembly ; and, if a member of Parliament or a Provincial Assem. bly is elected as President, his seat in Parliament OL, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office. ne Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office! Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon bis", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c38"}}
{"text": "enters upon his office! Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon bis office. (2) Subject to the Constitution, a person holding office as President shall be eligible for re-election to that office, but no person shall hold that office for more than two eonsecutive terms, - part I] | THE GAZETTE OF PAKISTAN, EXTRA, = \u2014 \u2014\u2014\u2014 ee _ APRIL 12, 1973 231 eS (3) The President may, by writing under his hand addressed to the Speaker of the National Assembly, resign his office. 45. The President shall have power to\u2019grant pardon, President\u2019s reprieve and respite, and to remit, suspend*or commute power to grant any sentence passed by any court, tribunal or other Pardon, etc. authority. 46. The Prime Minister shall keep the President President to be informed on matters of internal and foreign policy and kept informed. on all legislative proposals the Federal Government intends to bring before Parliament. 47.\u2014(1) Notwithstanding anything contained in the Removal of Constitution, the President may be removed from office President. in accordance with the provisions of this Article on the ground of physical or mental incapacity or on a charge of violating the Constitution or gross misconduct. (2) Not Jess than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move aresolution for the removal of the President", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c39"}}
{"text": "the National Assembly or, as the case may be, the Chairman written notice of its intention to move aresolution for the removal of the President ; and such notice shall set out ne particulars of his incapacity or of the charge against (3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker. (4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President. _ (5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him. 232 | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 Ps [Parr } f President to act on advice, etc. Chairman or Speaker to act as, or perform functions of, President. investigated the ground or the charge upon notice is founded. be represented during the investigation, if any, the joint sitting. \u2014=\u2014. (6) The joint sitting may investigate or cause to be which the (7) The President shall have the right to appear and and before (8) If, after consideration of the result of the investi- gation, if any, a resolution is passed at the joint sittin by the votes of not less than two-thirds of the total membership of Parliament, declaring that the President is unfit to hold the office due to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c40"}}
{"text": "the votes of not less than two-thirds of the total membership of Parliament, declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution. 48.\u2014({1) In the performance of his functions, the President shall act on and in accordance with the advice of the Prime Minister and such advice shall be binding on him. (2) The question whether any, and if so what, advice was tendered to the President by the Prime Minister shall not be inquired into in any court. (3) Save as otherwise provided in any rules made un- dez Aiticle 99, the orders of the President shall require for their validity the counter-signature of the Prime Minister. 49.\u2014(1) If the office of President becomes vacant by reason of death, resignation or removal of the President, the Chairman or, if he is unable to perform the functions of the office of President, the Speaker of the National Assembly shall act as President until a President is elected in accordance with clause (3) of Article 41. (2) When the President, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Chairman or, if he too is absent or unable to perform the functions of the office of President, the Speaker of the National Assembly shall perform the Part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "41", "domain": "general", "chunk_id": "The Constitution of _c41"}}
{"text": "perform the functions of the office of President, the Speaker of the National Assembly shall perform the Part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 233 a functions of President until the President returns to Pakistan or, as the case may be, resumes his functions. CHAPTER 2.\u2014THE PARLIAMENT Composition, duration and meetings of Parliament 50. There shall be a Parliament consisting of two Parliament, Houses to be known as the National Assembly and the Senate. | 51.\u2014(1) The National Assembly shall consist of two National hundred members to be elected by direct and free vote in Assembly; accordance with law. (2) A person shall be entitled to vote if \u2014 (a) he is a citizen of Pakistan ; (5) he is not less than eighteen years of age ; (c) his name appears on the electoral roll ; and (d) he is not declared by a competent court to be of unsound mind : Provided that, for the purpose of the first general election to the National Assembly or an election to a seat falling vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word \u201ceighteen\u201d therein the word \u201ctwenty-one \u201d were substituted. (3) The seats in the National Assembly shall be allo- cated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published. _ (4) Until the expiration of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c42"}}
{"text": "Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published. _ (4) Until the expiration of a period of ten years from the commencing day or the holding of the second general election to the National Assembly, whichever occurs later , ten seats in addition to the number of seats referred to in clause (1) shall be reserved'for women and allocated c the Provinces in accordance with the Constitution and Ww. 234 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Duration of National Assembly. Speaker and Deputy Speaker of National Assembly. [Pary I nial (5) For the purpose of election to the seats alloca to a Province under clause (4), the members of the Natio Assembly from that Province shall constitute the electorat college. ral (6) Notwithstanding anything contained in this Artic} the President may, by Order, make such provision \u00b0 to the manner of filling the seats in the National Assembly allocated to the Federally Administered Tribal Areas a4 he may think fit. 52. The National Assembly shall, unless soone; dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expira- tion of its term. 53.\u2014(1) After a general election, the National Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c43"}}
{"text": "other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker. (2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make before the National Assembly oath in the form set out in the Third Schedule. (3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his functions due to any cause, the Deputy Speaker shall act as Speaker, and if, at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member as may be determined by the rules of procedure of the Assembly shall preside at the meeting of the Assembly. (4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when a resolution for his removal from office is being considered. \u201c4 part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014==_+\u2014-\u2014- 235 (5) The Speaker may, by writing under his hand addressed to the President, resign his office. (6) The Deputy Speaker may, by writing wnder_ hi pand addressed to the Speaker, resign his office, r_ his 7) The office of Speaker or Deputy Spcaker shall become vacant if \u2014 (a) he resigns his office ; (b) he ceases to be a member of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c44"}}
{"text": "of Speaker or Deputy Spcaker shall become vacant if \u2014 (a) he resigns his office ; (b) he ceases to be a member of the Assembly ; or (c) he is removed from office by a resolution of the Assembly, of which not less than seven days\u2019 notice has been given and which is passed by the votes of the majority of the total | membership of the Assembly. (8) When the National Assembly is dissolved, the Speaker shall continue in his office till the person elected to fill the office by the next Assembly enters upon his office. . 54.\u2014(1) The President may, from time to time, summon either House or both Houses or Parliament in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same. (2) There shall be at least two sessions of the Na- tional Assembly every year, and not more than one hund- red and twenty days shall intervene between the last sitt- ing of the Assembly in one session and the date appointed for its first sitting in the next session : Provided that the National Assembly shall meet for not less than one hundred and thirty working days in each year. ; | (3) On a requisition signed by not less than one-fourth of the total membership of the National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c45"}}
{"text": "National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the Assembly only he may prorogue It. Summoning _ and prorogation jof Parliament. 236 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] = rw SE Voting in \u00a755.\u2014(1) Subject to the Constitution, all decis; , \u00a7 ae and the National Assembly shall be taken by majority of th ; members present and voting, but the person presiding shall not vote except in the case of equality of votes. (2) If at any time during a sitting of the Nation Assembly the attention of the person presiding is Grays to the fact that less than one-fourth of the total member. ship of the Assembly is present, he shall either adjourn the Assembly or suspend the meeting until at least one-fourth - of such membership is present. acres by \u2018 56. The President may address either House or both cesiee: Houses assembled together and may for that purpose te. . quire the attendance of the members. Right to speak 57. The Prime Minister, a Federal Minister, a in Parliament. Minister of State and the Attorney General shall have the right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee there- of, of which he may be named a member, but shall not by virtue of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c46"}}
{"text": "either House, or a joint sitting or any committee there- of, of which he may be named a member, but shall not by virtue of this Article be entitled to vote. Dissolution of 58. The President shall dissolve the National ree Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised. Explanation.\u2014Reference in this Article to \u201c Prime Minister \u201d shall not be construed to include reference to a Prime Minister against whom a resolution for a vote of no-confidence has been moved in the National Assembly but has not been voted upon or against whom such 4 resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly or a Federal Minister performing the functions of Prime Minister under clause (1) or clause (3) of Article 95. -% ParT JJ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 237 \u2014_\u2014_\u2014\u2014 59.\u2014(1) The Senate sha'l consis: of sixty-three mem- The Senate. bers, of whom\u2014 (a) fourteen shall be elected by the b each Provincial Assembly ad members of (6) five shall be elected by the members from th Federally Administered Tribal Areas in the National Assembly ; and - (c) two shall be chosen from the Federal Capital in such manner as the President may, by Order, prescribe. (2) Election to fill seats in the Senate allocated to each", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "95", "domain": "general", "chunk_id": "The Constitution of _c47"}}
{"text": "from the Federal Capital in such manner as the President may, by Order, prescribe. (2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of | proportional representation by means of the single transferable vote. (3) The Senate shall not be subject to dissolution but the term of office of its members shall be four years, half of them retiring every two years, except in the case of the members elected by the members from the Fed- erally Administered Tribal Areas, of whom three shall retire after the expiration of the first two years and two shall retire after the expiration of the next two years : Provided that the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled. 60.\u2014(i) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Chair- man and a Deputy Chairman and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as Chairman or, as the case may be, Deputy Chairman. (2) The term of office of the Chairman or Deputy Chairman shall be two years from the day on which he enters upon his office. 61. The povisions of clauses (2) to (7) of Article 53, clauses (2) and (3)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "53", "domain": "general", "chunk_id": "The Constitution of _c48"}}
{"text": "from the day on which he enters upon his office. 61. The povisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly Chairman and Deputy Chair- man. Other provisions relating to Senate. 238 THE GAZETTE OF PAKISTAN, EXTRA., APRIL -12, 1973 (Parr } = and, in their application to the Senate, shall hay as if references therein to the National Assembly, Spent and Deputy Speaker were references, respectively \u201cto : rt Senate, Chairman and Deputy Chairman. c Provisions as to members of Parliamen; Qualifications 62. Aperson shall not be qualified to be electeq for membership or chosen as a member of Parliament unless\u2014 of Pariiament. (a) he is a citizen of Pakistan ; (b) he is, in the case of the National Assembly not less. than twenty-five years of age and js enrolled as a voter in any electoral roll fo; election to that Assembly ; (c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any areaina Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership; and (d) he possesses such other qualifications as may be prescribed by. Act of Parliament. Disqualifications 63.\u2014(1) A person shall be disqualified from being for membership elected or chosen as, and from being, a member of of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "53", "domain": "general", "chunk_id": "The Constitution of _c49"}}
{"text": "Act of Parliament. Disqualifications 63.\u2014(1) A person shall be disqualified from being for membership elected or chosen as, and from being, a member of of Parliament. Parliament, i{~\u2014 . (a) he is of unsound mind and has been so de- clared by a competent court; or. (5) he is an undischarged insolvent; or (c) heceases to bea citizen of Pakistan, or acquires the citizenship of a foreign State ; or (d) he holds any office of profit in the service of Pakistan other than an office declared by law not to disqualify its hoider; or (c) he is so disqualified by Act of Parliament. part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 939 (2) If any question ariscs whether a member of Parliament has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant. 64.\u2014(1) A member of Parliament may, by writing Vacation of -under his hand addressed to the Speaker or, as the seats. case may be, the Chairman resign his seat, and thereupon his seat shal] become vacant. (2). A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings. _ | 65. A person elected", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c50"}}
{"text": "a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings. _ | 65. A person elected to a House shall not sit or vote Oath of until he has made before the House oath in- the form members. set out in the Third Schedule. 66.\u2014(1) Subject to the Constitution and to the rules of Privileges of procedure of Parliament, there shall be freedom of members, etc. speech in Parliament and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament, and no person shall be so liable in respect of the publication by or under the authority of Parliament of any report, paper, votes or proceedings. (2) In other respects, the powers, immunities and privileges of Parliament, and the immunities and privileges of the members of Parliament, shall.be such as may from time to time be defined by law and, until so defined, shall be such as were, immediately before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof and its members- (3) Provision may be made by law for the punishment, by a House, of persons who refuse to give evidence of \u00bb 240 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] SSS produce documents before a committee of the House whe duly required by the chairmen of the committee so to do. Provided that any such law\u2014 (a)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c51"}}
{"text": "documents before a committee of the House whe duly required by the chairmen of the committee so to do. Provided that any such law\u2014 (a) may empower a court to punish a person who refuses to give evidence or produce documents: and , (b) shall have effect subject to such Order for safeguarding confidential matters from dis. closure as may be made by the President, (4) The provisions cf this Article shall apply to persons who have the right to speak in, and otherwise to = take part in the proceedings of, Parliament as they apply to members. (5) In this Article, \u201c* Parliament \" nicans cither House or a joint sitting, or a committee thereof. Procedure Generally Rules of pro- 67.\u2014(1) Subject to the Constitution, a House cedure, etc. may make rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the House shall not be invalid on the ground that some persons who were nol entitled to do so sat, voted or otherwise took part in the proceedings. (2) Until rules are made under clause (1), the pro- cedure and conduct of business in a House shall be regulated by the rules of procedure made by the President. Restriction on 68. No discussion shall take place in Parliament with discussion in \u2014 respect to the conduct of any Judge of the Supreme Court ParHament. or of a High Court in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c52"}}
{"text": "place in Parliament with discussion in \u2014 respect to the conduct of any Judge of the Supreme Court ParHament. or of a High Court in the discharge of his duties. 8 part I] : THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 241 69.\u2014(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any irre- gularity of procedure. (2) No officer or member of Parliament in whom powers are vested by or under the Constitution for regula- ting procedure or the conduct of business, or for maintain- ing order in Parliament, shall be subject to the jurisdiction of any court im respect of the exercise by him of those . powers. (3) In this Article, \u201c Parliament \u201d has the same meaning as in Article 66. Legislative Procedure Courts not to Inquire into proceedings of Parliament. 70.\u2014(1) A Bill with respect to any matter in Part I of Billsrelating to the Federal Legislative List shall originate in the National Assembly and shall, if it is passed by the Assembly, be transmitted to the Senate for its consideration. (2) The Senate may, within ninety days of the receipt of the Bill under clause (1), either pass it, with or without amendment, or reject it; and upon the failure of the Senate so to do, the Bill shall be deemed to have been passed by it without amendment at the expiration of that period. (3) If the Bill is passed without amendment by the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "66", "domain": "general", "chunk_id": "The Constitution of _c53"}}
{"text": "deemed to have been passed by it without amendment at the expiration of that period. (3) If the Bill is passed without amendment by the Senate, or is deemed to have been so passed, it shall be presented to the President for assent. (4) If the Bill is passed with amendment or is rejected by the Senate, it shall be reconsidered by the National Assembly ; and, if the Bill is again passed by the National Assembly, with or without amendment, it shall be presented to the President for assent. matters in Part I of the Federal Legislative List S* 242 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PA : =o Stas a i l SS _ (5) For the purposes of the procedure prescribeq this Article, the question whether or not a Bill is with res . to any matter in Part I of the Federal Legislative Lig, ha be decided by the President whose decision shall be final al (6) In this Article and the succeeding provisions of th Constitution, \u201c\u2018 Federal Legislative List\u201d and \u201c Concurre . Legislative List\u201d mean respectively the Federal Legista. tive List and the Concurrent Legislative List in the Fourth Schedule. Bills relating to 71.\u2014(1) A Bill with respect to any matter in Part I] of matters in Fart the Federal Legislative List or in the Concurrent Legisla. deral Legislative tive List may originate in either House and shal List orthe Con- if it is passed by one House, be transmitted to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c54"}}
{"text": "Legisla. deral Legislative tive List may originate in either House and shal List orthe Con- if it is passed by one House, be transmitted to the. current Legis- other House; and, if the Bill is passed without amendment lative List, by the other House also it shall be presented to the Presi- dent for assent. (2) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting. (3) If a request is made under clause (2), the President shall summon a joint sitting ; and if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, the Bill shall be presented to the President for assent. Procedure at 42.\u2014(1) The President, after consultation with the joint sittings. Sneaker of the National Assembly and the Chairman, may make rules as to the procedure with respect to the joint sittings of, and communications between, the {wo Houses. (2) At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be deter- mined by the rules made under clause (1), shall preside. i arr 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014\u2014ooo = = (3) The rules made under clause (1) shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c55"}}
{"text": "shall preside. i arr 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014\u2014ooo = = (3) The rules made under clause (1) shall be laid before q joint sitting and may be added to, varied, amended or replaced at a joint sitting. 243 \u2014\u2014 (4) Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting. 73.\u2014(1) Notwithstanding anything contained in Procedure with Article 70 or Article 71, a Money Bill shall originate in tespect to the National Assembly and after it has been passed by the Money Bills. Assembly it shall, without being transmitted to the Senate, be presented to the President for assent. (2) For the purposes of this Chapter, a Bill or amend- ment shall be deemed to be a Money Bill if it contains pro- visions dealing with all or any of the following matters, namely :\u2014 (a) the imposition, abolition, remission, alteration or regulation of any tax; (6) the borrowing of money, or the giving of any guarantee, by the Federal Government, or the amendment of the law relating to the financial obligations of that Government ; (c) the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund; (d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or altera- tion of any such charge; (e) the receipt of moneys on account of the Public Account", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "70", "domain": "general", "chunk_id": "The Constitution of _c56"}}
{"text": "the Federal Consolidated Fund, or the abolition or altera- tion of any such charge; (e) the receipt of moneys on account of the Public Account of the Federation, the custody or issue of such moneys ; (f) the audit of the accounts of the Federal Government or a Provincial Government; and 244. THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part ] Federal Govern- ment\u2019s consent required for financial measures, Assent by the President. (g) any matter incidental to any of the matters specified in the preceding paragraphs. (3) A Bill shall not be deemed to be a Money Bill by -eason only that it provides\u2014 (a) for the imposition or alteration of any fine or; \u2018 other pecuniary penalty, or for the demand ory payment of a licence fee or a fee or charge for any service rendered ; or (b) for the imposition, abolition, remission, altera. tion or regulation of any tax by any local authority or body for local purposes. (4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final. (5) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question. 74. A Money Bill, or a Bill or amendment which if enacted and brought", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c57"}}
{"text": "conclusive for all purposes and shall not be called in question. 74. A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expen- diture from the Federal Consolidated Fund or withdrawal from the Public Account of the Federation or affect the coinage or currency of Pakistan or the constitution OF functions of the State Bank of Pakistan shall not be intro- duced or moved in Parliament except by or with the consent of the Federal Government. 75.\u2014(1) The President shall assent to a Bill within seven days after it has been presented to him for assent under Article 70, Article 71 or Article 73 and if the Presi- dent fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period. part] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 245 rn \u2014, \u2014 (2) When the President has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Parliament. (3) No Act of Parliament, and no provision in any such Act, shall be invalid by reason only that some recom- mendation, previous sanction or consent required by the Constitution was not given if that Act was assented to or deemed to have been assented to in accordance with the Constitution. - 76.\u2014(1) A Bill pending in either House Shall not lapse Bill not to lapse by reason of the prorogation of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "70", "domain": "general", "chunk_id": "The Constitution of _c58"}}
{"text": "with the Constitution. - 76.\u2014(1) A Bill pending in either House Shall not lapse Bill not to lapse by reason of the prorogation of the House. oe on prorogation, (2) A Bill pending in the Senate which has not beeh passed by the National Assembly: shall not lapse on the dissolution of the National Assembly. (3) A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending in the Senate, shall lanse on the dissolution of the National Assembly. . | 77, No tax shall be levied for the purposes of the _Tax to be levied Federation except by or under the authority of Act of by law only. Parliament. Financial Procedure 78.\u2014(1) All revenues received by the Federal Govern- Federal Con- ment, all loans raised by that Government. and all moneys solidated Furd received by it in repayment of any loan. shall form part of nd Public 4 Consolidated fund, to be known as the Federal Consoli- \u201c\u00b0\u00b0\u00b0UR* dated Pund (2) AH other moneys\u2014 (a) received by or on behalf of the Federal Govern- ment ; or 246 THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 \u2014\u2014\u2014 [Parr | (b) received by or deposited with the \u00a7 Court or any other court established y authority of the Federation ; upfeme Nder the shall be credited to the Public Account of the Federation Custody, etc., 79. The custody of the Federal Consolidated Fund of Federal Con- the payment of moneys into", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c59"}}
{"text": "to the Public Account of the Federation Custody, etc., 79. The custody of the Federal Consolidated Fund of Federal Con- the payment of moneys into that Fund, the withdrawal] of solidated Fund moneys therefrom, the custody of other moneys received and Public by or on behalf of the Federal Government. their payment into, and withdrawal from, the Public Account of the Federation, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of Parlia- ment or, until provision in that behalf is so made, by rules - made by the President. Anaual Budget 80.\u2014(1) The Federal Government shall, in respect of Statement. every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expen- diture of the Federal Government for that year. in this Part referred to as the Annual Budget Statement. (2) The Annual Budget Statement shall show separa- ~ tely\u2014 (a) the sums required to meet expenditure described by the Constitution as expenditure charged upon the Federal Consolidated Fund; and (b) the sums required to meet other expenditure proposed to be made from the Federal Consoli- dated Fund; and shall distinguish expenditure on revenue account from other expenditure. Expenditure 81. The following expenditure shall be expenditure charged upon _ charged upon the Federal Consolidated Fund: \u2014 Federal Con- solidated Fund. (a) the remuneration pavable to the President and other expenditure relating to his office, and the remuneration payable to\u2014 (i) the Judges of the Supreme", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c60"}}
{"text": "(a) the remuneration pavable to the President and other expenditure relating to his office, and the remuneration payable to\u2014 (i) the Judges of the Supreme Court; parr JJ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 247 \u2014\u2014_\u2014\u2014\u2014 : = = SSS Eee (ii) the Chief Election Comnnissioner ; (iti) the Chairman and the Deputy Chairman : (iv) the Speaker and the Deputv Speaker of the National Assembly ; (v) the Auditor-General : (b) the administrative expenses, including the re- muneration payable to officers and servants, of the Supreme Court. the department of the Auditor-General and the office of the Chief Election Commissioner and of the Election Commission and the Secretariats of the Senate and the National Assembly : (c) all debt charges for which the Federal Govern- ment is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Federal Consolidated Fund; (qd) any sums required to satisfy any judgment, decree or award against Pakistan by any court or tribunal; and (e) any other sums declared by the Constitution or by Act of Parliament to be so charged. . 82.\u2014(1) So much of the Annual Budget Statement as relates to expenditure charged upon the Federal Consoli- dated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly. (2) So much of the Annual Budget Statement as relates to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c61"}}
{"text": "discussed in, but shall not be submitted to the vote of, the National Assembly. (2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and the Assembly shall have power to assent to. or to refuse fo assent to, any demand, or to assent to anv demand subject to a reduction of the amount specified \u2018therein : Provided that, for a period of ten years from the Commencing day or the holding of the second general Procedure rela- ting to Annual Budget State- ment, 248 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 Authentication of schedule of authorised expenditure, Supplementary and excess grants. [Parr } \u2014= =. election to the National Assembly, whichever OCCurs |y a demand shall be deemed to have been assented io nik out any reduction of the amount specified therein, aul \u201d by the votes of a majority of the total membership of re Assembly, it is refused or assented to subject to a red he tion of the amount specified therein. es (3) No demand for a grant shall be made Except o, the recommendation of the Federal Government. =e a 83.\u2014(1) The Prime Minister shall authenticate by his signature a schedule specifying\u2014 (a) the grants made or deemed to have been made by the National Assembly under Article 82, anq (b) the several sums required to meet the expen. diture charged upon the Federal Consolidated Fund but", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "82", "domain": "general", "chunk_id": "The Constitution of _c62"}}
{"text": "by the National Assembly under Article 82, anq (b) the several sums required to meet the expen. diture charged upon the Federal Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly. (2) The schedule so authenticated shall be laid hefore the National Assembly, but shall not be open to discussion or vote thereon. (3) Subject to the Constitution, no expenditure from the Federal Consolidated Fund shall be deemed to be duly authorised unless it is specified in the schedule so authen- ticated and such schedule is laid before the National Assembly as required by clause (2). 84. If in respect of any financial year it is foun\u00a2\u2014 (a) that the amount authorized to be expended ior a particular service for the current financia year is insufficient, or that a need has asses for expenditure upon some new service . included in the Annual Budget Statement '' frat year; or par] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 \u2014\u2014\u2014_ 249 ee ee (b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year ; ederal Government shall have power to authorize tne aiture from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the National \u2018assembly a Supplementary Budget Statement or, as the case may be,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "82", "domain": "general", "chunk_id": "The Constitution of _c63"}}
{"text": "upon that Fund or not, and shall cause to be laid before the National \u2018assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annuai Budget Statement. 85. Notwithstanding anything contained in the fore- going provisions relating to financial matters, the National Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending com- pletion of the procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure. 86. Notwithstanding anything contained in the fore- going provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federa} Government may authorize expenditure from the Federal Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescrived in Article 82 for the voting of grants and the authentica- lion of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure. 87.\u2014(1) Each House shall have a separate Secretariat : Provided that nothing in this clause shall be construed \u20188 preventing the creation of posts common to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "82", "domain": "general", "chunk_id": "The Constitution of _c64"}}
{"text": "Each House shall have a separate Secretariat : Provided that nothing in this clause shall be construed \u20188 preventing the creation of posts common to both Houses. (2) Parliament may by law regulate the recruitment \u2014- een Votes on accoult, Power to authc\u00bb rize expenditure when Assembly stands dissolved, Seeretariats of Parliament. XN 250 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | Finance Com- mittees, Power of Presi- dent to promul- gate Ordinan- ces, and the conditions of service of persons appointed to the secretarial staff of either House. (3) Until provision is made by Parliament under clause (2), the Speaker or, as the Case may be, the Chairman may, with the approval of the President, make rules regulating the recruitment, and the conditions of service, of persons appointed to the secretarial staff of the National Assembly or the Senate. 88.\u2014(1) The expenditure of the National Assembly ~ and the Senate within authorised appropriations shall be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its Finance Com. mittee. . oa (2) The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such other members as may be elected thereto by the National Assembly or, as the case may be, the Senate. (3) The Finance Committee may make rules for regula- ting its procedure. Ordinances \u2014 89.\u2014(1) The President may, except when the National Assembly is in session,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c65"}}
{"text": "The Finance Committee may make rules for regula- ting its procedure. Ordinances \u2014 89.\u2014(1) The President may, except when the National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of Parliament and shall be subject to like restrictions as the power of Parlia- ment to make law, but every such Ordinance\u2014 (a) shall be laid\u2014 (i) before the National Assembly if it is with respect to a matter in Part I of the Federal Legislative List, and shall stand repeale part I] THE GAZETTE enn Sa Se a == \u2014\u2014\u2014 at the expiration of four months from its promulgation or, it before the expiration of that period a resolution disapproving it is passed by the Assembly, upon th sing of that resolution ; \u00b0 \u00a9 Pas (ii) before both Houses if it is with Tespect to a matter in Part II of the Federal Legislative List or a matter in the Con- current Legislative List, and shal] stand repealed at the expiration of four months from its promulgation or, if before the expiration of that period a resolution dis- approving it 1s passed by either House, upon the passing of that resolution; and (b) may be withdrawn at any time by the President. =e (3) Without prejudice to the provisions of clause (2), an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c66"}}
{"text": "of that resolution; and (b) may be withdrawn at any time by the President. =e (3) Without prejudice to the provisions of clause (2), an Ordinance laid before the National Assembly shall be deemed to be a Bul introduced in the National Assembly, CHAPTER 3.\u2014THE FEDERAL GOVERNMENT. 90.\u2014(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister who shall be the chief executive of the Federation. (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers. (3) The Prime Minister and the Federal Ministers shall be collectively responsible to the National Assembly. OF PAKISTAN, EXTRA., APRIL 12, 1973 251 Te \u2014\u2014\u2014\u2014\u2014\u2014\u2014 \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014_ The Federal Government, _ 91.\u2014(1) The National Assembly shall meet on the The Prime leth day following the day on which a general election Minister. ~ Pz 252 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 _ _ [Part J] Feier2: Minis- ter; and Minige ters of State, ee Se \u2014_\u2014_\u2014\u2014\u2014> to the Assembly is held, unless sooner summ President. Oned\u2019 by the (2) After the election of the Speaker and th Speaker, the National Assembly shall, to the exclusieny any other business, proceed to elect without debate one os its Muslim members to be the Prime Minister. a (3) The Prime Minister shall be elected", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c67"}}
{"text": "other business, proceed to elect without debate one os its Muslim members to be the Prime Minister. a (3) The Prime Minister shall be elected by the vot of the majority of the total membership of the National Assembly : a Provided that, if no member secures such majority jn the first poll, a second poll shall be held between the mem- bers who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting. (4) The member elected under clause (3) shall be called upon by the President to assume the office. of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule. _ 92.\u2014(1) The Prime Minister shall appoint F ederal Ministers and Ministers of State from amongst the members of Parliament : Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number \u00a9 Federal Ministers. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 253 \u201c", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c68"}}
{"text": "shall not at any time exceed one-fourth of the number \u00a9 Federal Ministers. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 253 \u201c (2) Before entering upon office, a Federal Minister or a Minister of State shall make before the President oath \u2018n the form set out in the Third Schedule. | (3) A Federal Minister or a Minister of State may, by writing under his hand addressed to the Prime Minister, resign his office or may be removed from office by the Prime Minister. 093.\u2014(1) The Prime Minister shall continue to hold Prime Minister office until his successor enters upon the office of Prime COntnuing in Minister. office. (2) Nothing in Article 91 or Article 92 shall be cons- trued to disqualify the Prime Minister or a Federal Minister or a Minister of State from continuing in office during the period the National Assembly stands dissolved. 94,\u2014 (1) Subject to clause (2), the Prime Minister may, Resignation of by writing under his hand addressed to the President, resign Prime Minister . his office and, when the Prime Minister resigns, the Federal Ministers and Ministers of State shall cease to hold office. (2) The Prime Minister and, at the request of the Prime Minister, a Federal Minister shall continue to per- form the functions of the office of Prime Minister or, as the case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office. - (3) If the National Assembly", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "91", "domain": "general", "chunk_id": "The Constitution of _c69"}}
{"text": "case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office. - (3) If the National Assembly is in session at the time when the Prime Minister resigns his office, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the resignation. 95.\u2014(1) In the event of the death of the Prime Minister Federal Minis- or the office of Prime Minister becoming vacant by rea- ter performing son of his ceasing to be a member of the National Assembly, Haak 2 _ Of the most senior Federal Minister for the time being shal] \u201c\"\u2019\u2122\u00b0 *\u2122S'** po 254 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 197 be called upon by the President to perform the functi \u2018 of that office and the Federal Ministers and Ministers cs State shall continue in office until a new Prime Ministey hes been elected and has entered upon his office. [Part ] \u2014\u2014\u2014\u2014__ (2) If the National Assembly is in session at the tim when the Prime Minister dies or the office of Prime Minist : becomes vacant, the Assembly shall forthwith proceeg io elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to Meet within fourteen days of the death of the Prime Minister or, as the case may be, of the office", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c70"}}
{"text": "that purpose summon it to Meet within fourteen days of the death of the Prime Minister or, as the case may be, of the office becoming vacant. (3) When the Prime Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Federal Minister for the time being shall perform the functions of Prime Minister untij the Prime Minister returns to Pakistan or, as the case may be, resumes his functions. (4) In this Article, \u201cmost senior Federal Minister \u201d means the Federal Minister for the time being designated as such by the Prime Minister. 96.\u2014(1) A resolution for a vote of no-confidence may Vote of no\u00bb be passed against the Prime Minister by the National confidence Assembly. against Prime Minister; (2) A resolution referred to in clause (1) shall not be moved in the National Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor. : (3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the Nationa Assembly is considering demands for grants submitted to if in the Annual Budget Statement. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 295 \u2014\u2014\u2014 (4) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly. (5) If", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c71"}}
{"text": "the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly. (5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the President shall call upon the person named in the resolution as the successor to assume office and on . his entering upon office his predecessor and the Federal Ministers and Ministers of State appointed by him shall cease to hold office : Provided that, for a period of ten years from the com- mencing day or the holding of the second general election to the National Assembly whichever occurs later, the vote of a member, elected to the National Assembly as a candi- date or nominee of a political party, cast in support of a re- solution for a vote of no-confidence shall be disregarded if the majority of the members of that political party in the National Assembly has cast its votes against the passing of such resolution. (6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed. 97. Subject to the Constitution, the executive autho- rity of the Federation shall extend to the matters with respect to which Parliament has power to make laws, Including exercise of rights, authority and jurisdicticn in and in relation to areas outside Pakistan : Provided that the said authority", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c72"}}
{"text": "power to make laws, Including exercise of rights, authority and jurisdicticn in and in relation to areas outside Pakistan : Provided that the said authority shall not, save as expressly provided in the Constitution or in any law made by Parliament, extend in any Province to a matter with Tespect to which the Provincial Assembly has also power to make laws. Extent of execu- tive authority of Federation. 256 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Poa [Parr ] Conferring of functions on subordinate authorities. Conduct of business of Federal Govern- ment. Attomey- General for Pakistan. 98.\u2014 On the recommendation of the Federal Govern. ment, Parliament may by law confer functions upon Officers or authorities subordinate to the Federal Government. 99.-(1) Orders and other instruments made ang executed in the name of the President shall be authep. ticated in such manner as may be specified in rules to he made by the Federal Government, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. (2) The Federal Government may regulate the alloca. tion and transaction of its business and imay for the conve. nient transaction of that business delegate any of its func. tions to officers or authorities subordinate io it. 100.\u2014(1) The President shall appoint a person, being a person qualified to be appointed a Judge o: the Supreme Court, to be the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c73"}}
{"text": "io it. 100.\u2014(1) The President shall appoint a person, being a person qualified to be appointed a Judge o: the Supreme Court, to be the Attorney-General for Pakistin. (2) The Attorney-General shall hold office during the pleasure of the President. (3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Federal Govern. ment, and in the performance of his duties he shall have the right of audience in all courts and_ tribunals in Pakistan. (4) The Attorney-General may, by writing unuer his hand addressed to the President, resign his office. part II THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 a oo = 257 Part IV PROVINCES CHAPTER 1.\u2014THEB GOVBRNORS 101.\u2014(1) There shall be a Governor for each Province, Appoin: f who shall be appointed by the President. Governor. \u2014 (2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age. we (3) The Governor shall hold office during the pleasure of the President. (4) The Governor may, by writing under his hand addressed to the President, resign his office. 102. Before entering upon office, the Governor Oath of office. shall make before the Chief Justice of the High Court oath in the form set out in the Third", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c74"}}
{"text": "office, the Governor Oath of office. shall make before the Chief Justice of the High Court oath in the form set out in the Third Schedule. 103.\u2014(1) The Governor shall not hold any office of Conditions of profit in the service of Pakistan or occupy any other posi- Governor's tion carrying the right to remuneration for the rendering of \u00b0ice- Services. (2) The Governor shall not be a candidate for election as a member of Parliament or a Provincial Assembly and, if a member of Parliament or a Provincial Assembly is appointed as Governor, his seat in Parliament or, as the Case may be, the Provincial Assembly shall become vacant On the day he enters upon his office. 258 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] = SSE, Acting 104,\u2014When ihe Governor is absent from Pakistan oy ; Governor. unable to perform the functions of his office due to an cause, such other person as the President may direct shall act as Governor. Governor to act 105.\u2014(1) Subject to the Constitution, in the perform. on advice, etc. ance of his functions, the Governor shall act on and in accordance with the advice of the Chief Minister ang such advice shall be binding on him. (2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister shajj not be inquired into in any court. CHAPTER 2.\u2014PROVINCIAL ASSBMBLIES Constitution of 106.\u2014(1) There shall be a Provincial Assembly for each ie Province", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c75"}}
{"text": "Minister shajj not be inquired into in any court. CHAPTER 2.\u2014PROVINCIAL ASSBMBLIES Constitution of 106.\u2014(1) There shall be a Provincial Assembly for each ie Province consisting of the number of members hereinafter specified to be elected by direct and free vote in accord- ance with law\u2014 Baluchistan ves v _ 40 The North-West Frontier Province ... 80 The Punjab a _ _ 240 (2) A person shall be entitled to vote if\u2014 (a) he is a citizen of Pakistan; (b) he is not less than eighteen years of age; (c) his name appears on the electoral roll for any area in the Province; and (2) he is not declared by a competent court to be of unsound mind. . ~ Part YT THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 259 \u2014_\u2014\u2014\u2014 Provided that, for the purpose of the first general elec- tion to the Provincial Assembly or an election to a seat fall- ing vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word \u201c eighteen \u201d therein the word \u201c twenty-one\u201d were sub- stituted. (3) In addition to the seats in the Provincial Assemblies for the Provinces of Baluchistan, the Punjab, the North-West Frontier and Sind specified in clause (1), there shall be in those Assemblies the number of additional seats hereinafter specified reserved for persons belonging to the Christian, Hindu, Sikh, Budhist and Parsi communities or the schedul- ed castes\u2014 Baluchistan wee vee vee 1", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c76"}}
{"text": "hereinafter specified reserved for persons belonging to the Christian, Hindu, Sikh, Budhist and Parsi communities or the schedul- ed castes\u2014 Baluchistan wee vee vee 1 The North-West Frontier Province ... 1 The Punjab 3 Sind 2 (4) Until the expiration of a period of ten years from the commencing day or the holding of the second general election to the Assembly of a Province, whichever occurs later, there shall be in the Assembly a number of additional seats reserved for women equal to five per centum of the number of members of that Assembly specified in clause (1). (5) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats reserved in the Assembly for the persons referred to in clause (3) or for women shall be elected in accordance with law by the mem- bers of that Assembly referred to in clause (1). 107. A Provincial Assembly shall, unless sooner dis- Duration of solved, continue for a term of five years from the day Provincial of its first meeting and shall stand dissolved at the expira- Assembly. tion of its term. 108. After a general election, a Provincial Assembly Speaker and shall, at its first meeting and to the exclusion of any other Deputy Speake r, business, elect from amongst its members a Speaker and 260 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014 [Pary I Summoning and prorogation of Provincial Assembly. Right of Governor to address Pivu- yvincial Assem- bly. Right", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c77"}}
{"text": "OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014 [Pary I Summoning and prorogation of Provincial Assembly. Right of Governor to address Pivu- yvincial Assem- bly. Right to speak in Provincial Assembly. Dissolution or Provincial Assembly. Qualifications for membership of Provincial Assembly, ae a Deputy Speaker and, so often as the office of Speake Deputy Speaker becomes vacant, the Assembly shall sea another member as Speaker or, as the case may be, De Put Speaker. | y 109. The Governor may from time to time\u2014 (a) summon the Provincial Assembly such time and place as he thinks fit (b) prorogue the Provincial Assembly. 110. The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members. to Meet at ; and 111. The Advocate-General shall have the right to speak and otherwise take part in the proceedings of the Pro. vincial Assembly or any committee thereof of which he may \u00bb be named a member, but shal] not by virtue of this Article | oe entitled to vote. - oO 112. The Governor shall dissolve the Provincial As- sembly if so advised by the Chief Minister ; and the Provin- cial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised. _ Explanation\u2014Reference in this Article to \u201cChief Minister\u201d shall not be construed to include reference to. 4 Chief Minister against whom a resolution for a vote of no- confidence has been moved in the Provincial", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c78"}}
{"text": "be construed to include reference to. 4 Chief Minister against whom a resolution for a vote of no- confidence has been moved in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed or who is continuing in office by virtue of clause (2) of Article 134 or a Provincial Minister performing the functions of Chief Minister under clause (1) or clause (3) of Article 135. 113. A person shall not be qualified to be elected 2 member of a Provincial Assembly unless\u2014- (a) he is a citizen of Pakistan ; part THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 261 a \u2014\u2014oo (b) he is not less than twenty-five years of age; (c) he is enrolled as a voter in any electoral roll for election to the Assembly ; and (d) he possesses such other qualifications as may be prescribed by Act of Parliament. 114. No discussion shall take place in a Provincial Assembly with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. 115.\u2014(1) A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve expen- diture from the Provincial Consolidated Fund or withdrawal from the Public Account of the Province shall not be intro- duced or moved in the Provincial Assembly except by or with the consent of the Provincial Government. (2) For the purposes of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "134", "domain": "general", "chunk_id": "The Constitution of _c79"}}
{"text": "not be intro- duced or moved in the Provincial Assembly except by or with the consent of the Provincial Government. (2) For the purposes of this Article, a Bill or amend- ment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely :\u2014 (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the borrowing of money, or the giving of any guarantee, by the Provincial Government or the amendment of the law relating to the financial obligations of that Government ; (c) the custody of the Provincial Consolidated Fund, \u2018the payment of moneys into, or issue of moneys from, that Fund ; (d) the imposition of a charge upon the Provincial Consolidated Fund, or the abolition or alteration of any such charge; (e) the receipt of moneys on account of the Public Account of the Province, the custody or issue of such moneys; and Restriction on discussion in Provincial -Assembly, Provincial Gov- efnment\u2019s con- sent required for financial meas- ures, 262 | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [pany Assent by the Governor, eee (f) any matter incidental to any of the mat specified in the preceding paragraphs. ters (3) A Bill shall not be deemed to be a Money pin by reason only that it provides\u2014 (a) for the imposition or alteration of any fine or other pecuniary penalty or for the demand Or payment of a licence fee or a fee", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c80"}}
{"text": "for the imposition or alteration of any fine or other pecuniary penalty or for the demand Or payment of a licence fee or a fee or charge foy any service rendered ; or (b) for the imposition, abolition, remission, altera. tion or regulation of any tax by any local authority or body for local purposes. (4) If any question arises whether a Bill is a Money - Bill or not, the decision of the Speaker of the Provincia} Assembly thereon shall be final. (5) Every Money Bill presented to the Governor for assent shall bear a certificate under the hand of the Speaker of the Pravincial Assembly that it is a Money Bill and such certificate shall be conclusive for all purposes and shall - not be called in question. 116.\u2014(1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent. (2) The Governor shall assent to a Bill within seven days after it has been presented to him for assent, and if the Governor fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period. (3) When the Governor has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Provincial Assembly. - (4) No Act of a Provincial Assembly, and no pro- vision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c81"}}
{"text": "Act of a Provincial Assembly, and no pro- vision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was nct given if that Act was part JJ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12; 1973 263 ooo : ted to or deemed to have been assented to in ame ordance with the Constitution. 117.\u2014(1) A Bill pending in a Provincial Assembly shall not lapse by reason of the prorogation of the Assembly. (2) A Bill pending in a Provincial Assembly shall lapse on the dissolution of the Assembly. Financial Procedure 118.\u2014(1) All revenues received by the Provincial Government, all loans raised by that Government, and all moneys received by it in repiyment of any loan, shall fosm part of a consolidated fund, to be known as the Pro- vincial Consolidated Fund. (2) All other moneys\u2014 (a) received by or on behalf of the Provincial Government; or (b) received by or deposited with the High Court or any other court established under the authority of the Province; shall be credited to the Public Account of the Province. 119. The custody of the Provincial Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Provincial Government, their pay- ment into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c82"}}
{"text": "into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of the Pro- Vincial Assembly or. until provision in that behalf is so made, by rules made by the Governor. 129.\u2014(1) The Provincial Government shall, in respect of every financial year, cause to be laid before the Pro- vincial Assembly a statement of the estimated receipts and *xpenditure of the Provincial Government for that year, in his Chapter referred to as the Annual Budget Statement. Bill not to lapse on prorogation, etc. Provincial Con- solidated Fund and Public Account. Custody, etc., of Provincial Con- solidated Fund and Public Account, Annual Budget Statement. 264 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Expenditure charged upon Provincial Con- solidated Fund, separately\u2014 (2) The Annual Budget Statement shall show (a) the sums required to meet expenditure d cribed by the Constitution as expenditup, _ charged upon the Provincial Consolidated Fund. and , (b) the sums required to meet other ex proposed to be made from the Consolidated Fund ; and shall distinguish expenditure on revenue account from other expenditure. - Penditure Provincia] ~ 121, The following expenditure shall be expenditure charged upon the Provincial Consolidated Fund :\u2014 (a) the remuneration payable to the Governor and other expenditure relating to his office, and the remuneration payable to\u2014 (i) the Judges of the High Court; and (ii) the Speaker and Deputy Speaker of the Provincial Assembly ; (b) the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c83"}}
{"text": "the remuneration payable to\u2014 (i) the Judges of the High Court; and (ii) the Speaker and Deputy Speaker of the Provincial Assembly ; (b) the administrative expenses, including the remu- neration payable to officers and servants, of the High Court and the Secretariat of the Provincial Assembly ; (c) all debt charges for which the Provincial Government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Pro- vincial Consolidated Fund ; (d) any sums required to satisfy any judgment, decree or award against the Province by ay court or tribunal; and : . (e) any other sums declared by the Constitution oF by Act of the Provincial Assembly to be s? charged. . ot ] \u2018THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 265 \u2014\u2014\u2014 122.\u2014(1) So much of the Annual Budget Statement as Procedure rela- relates to expenditure charged upon the Provincial Consoli- 97g 0\u00b0 Avnual jated Fund may be discussed in, but shall not be submitted Budget State. to the vote of, the Provincial Assembly. (2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the Provincial Assembly in the form of demands for grants, and that Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject +to a reduction of the amount", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c84"}}
{"text": "power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject +to a reduction of the amount specified therein: \u201c Provided that, for a period of ten years from the com- fencing day or the holding of the second general election to the Provincial Assembly, whichever occurs later, a demand shall be deemed to have been assented to unless, a by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduc- tion of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the Provincial Government. 123.\u2014(1) The Chief Minister shall. authenticate by Authentication his signature a schedule specifying\u2014 of schedule of \u201c authorized ex- (a) the grants made or deemed to have been made Penditure. by the Provincial Assembly under Article 122, and ~ (b) the several sums required to meet the expendi- ture charged upon the Provincial Consolidated Fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid, before the Assembly. (2) The schedule so authenticated shall be laid before the Provincial Assembly, but shall not be open to discussion _Or vote thereon. 266 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr ] Supplementary and excess grant, Votes on account, nt (3) Subject to the Constitution, no expenditure from \u00a2p Provincial .Consolidated Fund shall be deemed to be duly authorized unless", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "122", "domain": "general", "chunk_id": "The Constitution of _c85"}}
{"text": "grant, Votes on account, nt (3) Subject to the Constitution, no expenditure from \u00a2p Provincial .Consolidated Fund shall be deemed to be duly authorized unless it is specified in the schedule so authentj cated and such schedule is laid before the Provincial Assembly as required by clause (2). 124. If in respect of any financial year it is founq\u2014 (a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year: or 7 bol (b) that any money has been spent on any service during a financial year in excess of the amount sranted for that service for that year; the Provincial Government shall have power to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and shall cause to be laid before the Provin- cial Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement. setting out the amount of that expenditure, and the provisions of Articles 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement. 125. Notwithstanding anything contained in the fore- going provisions relating to financial matters, the Provincial Assembly shall have power to make any grant in advance in tespect of the estimated expenditure for a part of any financial year, not exceeding three", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c86"}}
{"text": "shall have power to make any grant in advance in tespect of the estimated expenditure for a part of any financial year, not exceeding three months, pending comple- tion of the procedure prescribed in Article 122 for the vot: ing of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article 123 in relation to the expenditure. part THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 267 126. Notwithstanding anything contained in the fore- ing provisions relating to financial Matters, at any time ake the Provincial Assembly \u2014 stands dissolved, the Provincial Government may authorize expenditure from the Provincial Consolidated Fund in Tespect of the estimated expenditure for a period noi exceeding four months in any financial year, pending completion of the procedure rescribed in Article 122 for the vollng of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 123 in relation to the expenditure. Power to autho- Tize expenditure when Assembly stands, dissolved, 127. Subject to the Constitution, the Provisions of Provisions re- slauses (2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to and in relation to a Provincial Assembly or a committee or members thereof or the Provincial Government, but so that\u2014 (a) any reference in those provisions to Parliament, a House or the National Assembly shall be read as", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "122", "domain": "general", "chunk_id": "The Constitution of _c87"}}
{"text": "or the Provincial Government, but so that\u2014 (a) any reference in those provisions to Parliament, a House or the National Assembly shall be read as a reference to the Provincial Assembly ; (6) any reference in those provisions to the President shall be read as a reference to the Governor of the Province ; (c) any reference in those provisions to the Federal Government shall be read as a reference to the Provincial Government ; (d) any reference in those provisions to the Prime Minister shall be read as a reference to the Chief Minister ; (e) any reference in those provisions to a Federal Minister shall be read as a reference to a Pro- vincial Minister; and (f) any reference in those provisions te the National Assembly of Pakistan shall be read asa lating to Na- tional Assembly, etc., to apply to Provincial Assembly, etc, 268 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Power of Gover- nor to promul- gate Ordinances. The Provincial Government, oe \u2014= reference to the Provincial Assembly j; existence immediately before the commencing day. Ordinances 128.\u2014(1) The Governor may, except when the Pyro. vincial Assembly is in session, i satisfied that circumstances exist which render it necessary to take immediate action make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of th\u00e9 Provincial Assembly and shall be subject to like restrictions as the power", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c88"}}
{"text": "Article shall have the same force and effect as an Act of th\u00e9 Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws but every such Ordinance\u2014 (a) shall be laid before the Provincial Assembly , and shall stand repealed at the expiration of three months from its promulgation or, if before the expiration of that period a resolution dis- approving it is passed by the Assembly, upon the passing of that resolution ; and (b) may be withdrawn at any time by the Governor. (3) Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial Assembly shall be deemed to be a Bill introduced in the Provincial Assembly. CHAPTER 3.\u2014THE PROVINCIAL GOVERNMENTS 129.\u2014(1) Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister. wae ce: .4 part I] THE GAZETTE OF PAKISTAN, EXTRA., \u2018APRIL 12, 1973 269 == (2) In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial Ministers. (3) The Chief Minister and the Provincial Ministers shall be collectively responsible to the Provincial Assembly. 130. The Chief Minister shall keep the Governor in- formed on matters relating to Provincial administration and on all legislative proposals the Provincial Government in- +ends to bring before the Provincial Assembly.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c89"}}
{"text": "Governor in- formed on matters relating to Provincial administration and on all legislative proposals the Provincial Government in- +ends to bring before the Provincial Assembly. -431.\u2014(1) The Provincial Assembly shall meet on the thirtieth day following the day on which a_ general lection to the Assembly is held, unless sooner summoned by the Governor. : (2) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall. to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister. (3) The Chief Minister shall be elected bv the votes of the majority of the total membership of the Provincial Assembly : Provided that, if no member secures such\u2019 majority in the first poll. a second poll shall be held between the members who secure the two highest- numbers of votes in the first poll and the member who secures a maioritv of votes of the members present and voting shall be declared to have \u2018been elected as Chief Minister : Provided further that, if the number of votes secured by two or more members: securing the highest number of votes is equal. further polls shall be held between them until one of them secures a majority of votes of the members present and voting. Governor to be kept informed. The Chief Minister. ms 270 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | | \u2014\u2014<\u2014$_\u2014 (4) The member elected under clause (3) shall be calleg upon by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c90"}}
{"text": "270 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | | \u2014\u2014<\u2014$_\u2014 (4) The member elected under clause (3) shall be calleg upon by the Governor to assume the office of Chief Minister and he shall before entering upon the office make before the Governor oath in the form set out in the Third Schedule. Provincial | 132.\u2014(1) The Chief Minister shall appoint Provincig} Ministers. Ministers from amongst members of the Provincia] Assembly. a (2) Before entering upon office, .a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule. Sad (3) A Provincial Minister may, by writing under his hand addressed to the Chief Minister, resign his office or may be removed from office by the Chief Minister. Chief Minister 133.\u2014-(1) The Chief Minister shall continue to hold continuing in office until his successor enters upon the office of Chief office, Minister. 7 (2) Nothing in Article 131 or Article 132 shall be con- strued io. disqualify the Chief Minister or a Provincial Minister from continuing in office during the period the Provincial Assembly stands dissolved. Resignation\u2019by - 134.\u2014(1) Subject to clause (2), the Chief Minister Chief Minister. may, by writing under his hand addressed to the Governor, Tesign his office and, when the Chief Minister resigns, the Provincial Ministers shall cease to hold office. (2) The Chief Minister and, at the request of the Chief Minister, a Provincial Minister shall continue to perform the functions of the office of Chief", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "131", "domain": "general", "chunk_id": "The Constitution of _c91"}}
{"text": "The Chief Minister and, at the request of the Chief Minister, a Provincial Minister shall continue to perform the functions of the office of Chief Minister or, as the case wv Part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 271 \u2014 may be, Provincial Minister until a new Chief Minister has been elected and has entered upon his office. (3) If the Provincial Assembly is in session at the time when the Chief Minister resigns his office, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the resignation. 135.\u2014(1) In the event of the death of the Chief Minis- ter or of the office of Chief Minister becoming vacant by reason of his ceasing to be a member of the Provincial Assembly, the most senior Provincial Minister for the time being shall be called upon by the Governor to perform the functions of that office and the Provincial Ministers shall continue in office until a new Chief Minister has been elected and has entered upon his office. (2) If the Provincial Assembly is in session at the Provincial Minister per- forming func- tions of Chief Minister. time when the Chief Minister dies or the office of Chief Minister becomes vacant, the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c92"}}
{"text": "the Assembly shall forthwith proceed to elect a Chief Minister, and if the Assembly is not in session the Governor shall for that purpose summon , it to meet within fourteen days of the death of the Chief Minister or, as the case may be, of the office becoming vacant. (3) When the Chief Minister, by reason of absence from Pakistan or any other cause, is unable to perform - his functions, the most senior Provincial Minister for the time being shall perform the functions of Chief Minister until the Chief Minister returns to Pakistan or, as the case may be, resumes his functions. (4) In this Article, \u201c most senior Provincial Minister \u201d means the Provincial Minister for the time being designa- - ted as such by the Chief Minister. = Si 272 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part I Vote of no- confidence against Chief Minister. 136.\u2014(1) A resolution for a vote of no-confidence may be passed against the Chief Minister by the Provincia] Assembly. (2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor. (3) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincia] Assembly is considering demands for grants submitted to it in the Annual Budget Statement. (4) A resolution referred to in clause (1) shall not be voted", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c93"}}
{"text": "is considering demands for grants submitted to it in the Annual Budget Statement. (4) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly. (5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Governor shall call upon the person named in the resolution as \u2018the successor to assume office and on his entering upon office his predecessor and the Provincial Ministers appointed by him shall cease to hold office : Provided that, for a period of ten years from the com- mencing day or the holding of the second general election to the Provincial Assembly, whichever occurs later, the vote of a member, elected to the Provincial Assembly as a candidate or nominee of a political party. cast in support of a resolution for a vote of no-confidence shall be dis- regarded if the majority of the members of that political party in the Provincial Assembly has cast its votes against the passing of such resolution. (6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed. } part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 973 ee 137. Subject to the Constitution, the executive Extent of execu- authority of the Province", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c94"}}
{"text": "I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 973 ee 137. Subject to the Constitution, the executive Extent of execu- authority of the Province shall extend to the matters with hd authority of respect to which the Provincial Assembly has power to *\u2018\u00b0YM\u00b0* make laws : Provided that, im any matter with respect to which both Parliament and the Provincial Assembly of a Province have power to make laws, the executive authority of the Province shall be subject to, and limited by, the executive authority expressly conferred by the Constitution or by law made by Parliament upon the Federal Government or authorities thereot. 138. On the recommendation of the Provincial Conferring of Government, the Provincial Assembly may by law confer functions on functions upon officers or authorities subordinate to the pH og Provincial Government. ' 139, --(1) Orders and other instruments made and Conduct of executed in the name of the Governer shall be authenti- business of Pro- cated in such manner as may be specified in rules to be Vincial Govern- made by the Provincial Government, and the validity of \u2122\u00b0\"\u2122 an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. (2) The Provincial Government may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it. 140.\u2014(1) The", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c95"}}
{"text": "its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it. 140.\u2014(1) The Governor of each Province shall Advocate-Gene- appoint a person, being a person qualified to be appointed Tl fora Pro- a Judge of the High Court, to be the Advocate-General for the Province. (2) It shall be the duty of the Advocate-General to sive advice to the Provincial Government upon such legal matters, and to perform such other duties of a legal character, as may be referred ot assigned to him by the Provincial Government. 274 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part I (3) The Advocate-General shall hold office during the pleasure of the Goveraez. (4) The Advocate-General may, by writing under his hand addressed to the Governor, resign his office. PaRT V RELATIONS BETWEEN FEDERATION AND EROVINCES CHAPTER 1.\u2014DISTRIBUTION OF {LEGISLATIVE POWERS Extent of 141. Subject to the Constitution, Parliament may Peugelane _ make laws (including laws having extra-territorial opera- fovincial laws. tion) for the whole or any part of Pakistan, and a Pro- vincial Assembly may make laws for the Province or any part thereof. Mes Subject-matter 142. Subject to the Constitution \u2014 of Federal and ; Provincial laws. (a) Parliament shall have exclusive power to make laws with respect to any matter in the Federal Legislative List ; (b) Parliament, and a Provincial Assembiy also, shall have power to make laws with respect to any matter in the Concurrent Legislative", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c96"}}
{"text": "Legislative List ; (b) Parliament, and a Provincial Assembiy also, shall have power to make laws with respect to any matter in the Concurrent Legislative List ; (c) a Provincial. Assembly shall, and Parliament shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List; and (d) Parliament shall have exclusive power to make laws with respect to matters not enumerated im t & part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 bo wi j either of the Lists for such areas in the Federa- tion as are not included in any Province. 143. If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Parlia- ment which Parliament is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent Legislative List, then the Act of Parliament, whether passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void. 144,\u2014(1) If two or more Provincial Assemblies pass resolutions to the effect that Parliament may by law regulate any matter not enumerated in either List in the Fourth Schedule, it shall be lawful for Parliament to pass an Act for \u2018x\u00e9gulating that matter accordingly, but any Act so", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c97"}}
{"text": "either List in the Fourth Schedule, it shall be lawful for Parliament to pass an Act for \u2018x\u00e9gulating that matter accordingly, but any Act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province. (2) The provisions of Article 71 shall apply to a Bill with respect to a matter which may be regulated by Aci of Parliament under clause (1). CHAPTER 2.\u2014ADMINISTRATIVB RELATIONS BETWEEN FRBDBRA- _ TION AND PROVINCES 145.\u2014 (i) The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Pro- vince as may be specified in the direction. _ (2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under Clause (1), Inconsistency between Federal and Provincial laws. Power of Par- liament to legislate for two or more Pro- vinces by con- sent, ~ Power of Presi- dent to direct Governor to discharge cer- tain functions as his Agent. 276 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Power of Fede- tation to confer powers, etc., on Provinces, in certain cases; Power of the Provinces to entrust funce tions to the Federation, Obligation of Provinces and Federation. \u2014\u2014. 146.\u2014(1) Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "71", "domain": "general", "chunk_id": "The Constitution of _c98"}}
{"text": "of Provinces and Federation. \u2014\u2014. 146.\u2014(1) Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers, functions in relation to any matter to which the executive authority of the Federation extends. (2) An Act of Parliament may, notwithstanding that it relates to a matter with respect to which a Provincia] Assembly has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof. (3) Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or officers or authorities thereof, there shall be paid by the Federa- tion to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitra- tor appointed by the Chief Justice of Pakistan, in respect of any extra costs of administration incurred by the Pro- vince in connection with the exercise of those powers or the discharge of those duties. 147. Notwithstanding anything contained in the Constitution, the Government of a Province may, with the consent of the Federal Government, entrust, either condi- tionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends. 148.\u2014(1) The executive authority of every Province | shall be so exercised as to secure compliance with Federal laws which apply in that", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c99"}}
{"text": "Province extends. 148.\u2014(1) The executive authority of every Province | shall be so exercised as to secure compliance with Federal laws which apply in that Province. (2) Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province. , part I] | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 277 \u2014\u2014 \u2014 (3) It shall be the duty of the Federation to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the Provisions of the Constitution. 149.\u2014(1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose. (2) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the carrying into execution therein of any Federal law which relates to a matter specified in the Concurrent Legislative List and authorises the giving of such directions. (3) The executive authority of the Federation shall also extend to the giving if directions to a Province as to the construction and maintenance of means of communica- tion declared in the direction", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c100"}}
{"text": "also extend to the giving if directions to a Province as to the construction and maintenance of means of communica- tion declared in the direction to be of national or strategic importance. (4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity or economic life of Pakistan or any part thereof. 150. Full faith and credit shall be given throughout Pakistan to public acts and records, and judicial proceed- ings of every Province. __ 151.\u2014(1) Subject to clause (2), trade, commerce and intercourse throughout Pakistan shall be free. Directions to Provinces in certain cases. Full faith ana credit for public acts, etc. Inter-Provincial ivade. 278 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 >a Acquisition of land for Federal purposes. [Parr ] (2) Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one Province and another or within any part of Pakistan as may be required in the public interest. (3) A Provincial Assembly or a Provincial Govern. ment shall not have power to\u2014 (a) make any law, or take any executive action prohibiting or restricting the entry into, or the export from, the Province of goods of any clasgs or description, or (b) impose a tax which, as between goods manu- factured or produced in the Province", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c101"}}
{"text": "the Province of goods of any clasgs or description, or (b) impose a tax which, as between goods manu- factured or produced in the Province and similar goods not so manufactured or produced, dis- criminates in favour of the former goods or which, in the case of goods manufactured or produced outside the Province discriminates between goods manufactured or produced in any area in Pakistan and similar goods manu- factured or produced in any other area in Pakistan. (4) An Act of a Provincial Assembly which imposes any reasonable restriction in the interest of public health, public order or morality, or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the Province of an essential commodity shall not, if it was made with the consent of the President, be invalid. 152. The Federation may, if it deems necessary to acquire any land situate in a Province for any purpose connected with a matter with respect to which Parliament has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the Federation or. if the land belongs to the Province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an _ arbitrator appointed by the Chief Justice of Pakistan. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 279 \u2014 oor == CHAPTER 3.\u2014SPECIAL PROVISIONS 153.\u2014(1) There shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c102"}}
{"text": "Chief Justice of Pakistan. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 279 \u2014 oor == CHAPTER 3.\u2014SPECIAL PROVISIONS 153.\u2014(1) There shall be a Council of Common Council of Interests, in this Chapter referred to as the Council, to be Common appointed by the President. Interests. (2) The members of the Council shall be\u2014 (a) the Chief Ministers of the Provinces, and (b) an equal number of members from the Federal Government to be nominated by the Prime Minister from time to time. (3) The Prime Minister, if he is a member of the ~ Council, shall be the Chairman of the Council but, if at any time he is not a member, the President may nominate a Federal Minister who is a member of the Council to be its Chairman. (4) The Council shall be responsible to Parliament. 154.\u2014(1) The Council shall formulate and regulate Functions and policies in relation to matters in Part II of the Federal rules of pro- Legislative List and, in so far as it is in relation to the *\u201c'U\u2122 affairs of the Federation, the matter in entry 34 (electricity) in the Concurrent Legislative List, and shall exercise super- vision and contro] over related institutions. (2) The decisions of the Council shall be expressed in terms of the opinion of the majority. (3) Until Parliament makes provision by law in this behalf. the Council may make its rules of procedure. (4) Parliament in joint sitting may from time to time _ by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c103"}}
{"text": "by law in this behalf. the Council may make its rules of procedure. (4) Parliament in joint sitting may from time to time _ by resolution issue directions through the Federal Govern- ment to the Council generally or in a particular matter to take action as Parliament may deem just and proper and such directions shall be binding on the Council. 280 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] SSE = ar Complaints as to interference with water supplies. \u2014=\u2014_\u2014=\u2014. (5) If the Federal Government or a Provincial Gover ment is dissatisfied with a decision of the Council, it ha, , refer the matter to Parliament in a joint sitting whose deg; sion in this behalf shall be final. * 155.\u2014(1) If the interests of a Province, the Federa) Capital or the Federally Administered Tribal Areas, or any of the inhabitants thereof, in water from any natural] source of supply have been or are likely to be affecteg prejudicially by\u2014 (a) any executive act or legislation taken or Passed or proposed to be taken or passed, or (b) the failure of any authority to exercise any of \u00b0 its powers with respect to the use and distribu- tion or control of water from that source, the Federal Government or the Provincial Government concerned may make a complaint in Writing to the Council. ; (2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c104"}}
{"text": "; (2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a commission consist- ing of such persons having special: knowledge and experience in irrigation, engineering, administration, finance or law as he may think fit, hereinafter referred to as the Commission. (3) Until Parliament makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 1956 (VI of 1956), as in force immediately before the commencing day shall apply to the Council or the Commission as if the Council or the Commission were a commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred. part 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 oo 281 (4) After considering the report and supplementary eport, if any, of the Commission, the Council shall record ie decision on all matters referred to the Commission. (5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor. (6) No proceeding shall lie before any court at the instance of any party to a matter which is or has been .in issue before the Council, or of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "5", "domain": "general", "chunk_id": "The Constitution of _c105"}}
{"text": "lie before any court at the instance of any party to a matter which is or has been .in issue before the Council, or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the Council under this Article. 156.\u2014(1) The President shall constitute a National Economic Council consisting of the Prime Minister, who shall be its Chairman, and such other members as the President may determine : National Econo- mic Council. Provided that the President shall nominate one member from each Province on the recommendation of the Govern- ment of that Province. (2) The National Economic Council shall review the overall economic condition of the country and shal}, for advising the Federal Government and the Provincial Govern- ments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans, it shall be guided by the Principles of Policy set out in Chapter 2 of Part II. 157.\u2014(1) The Federal Government may in any pro- . . Electricity. vince construct or cause to be constructed hydro-electric or y 282 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Par \u2014\u2014 | thermal power installations or grid stations for the genera tion of electricity and lay or cause to be laid inter-Pr, vincial transmission lines. . (2) The Government of a Province may\u2014 (a). to the extent electricity is supplied to that Province from the national! grid, require suppl", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c106"}}
{"text": "lines. . (2) The Government of a Province may\u2014 (a). to the extent electricity is supplied to that Province from the national! grid, require suppl to be made in bulk for transmission and distr bution within the Province; a (b) levy tax on consumption of electricity within the Province ; | (c) construct power houses and grid stations and lay transmission lines for use within the Province: and (d) determine the tariff for distribution of electricity within the Province. Priority of re- 158. The Province in which a well-head of natural gas quirements of jg situated shall have precedence over other parts of Pakis- natural gas, tan in meeting the requirements from that well-head, sub- ject to the commitments and obligations as on the com- mencing day. . Broadcasting 159.\u2014(1) The Federal Government shall not unreason- and telecasting. ably refuse to entrust to a Provincial Government such functions with respect to broadcasting and telecasting as may be necessary to enable that Government\u2014 (a) to construct and use transmitters in the Pro- vince; and (b) to regulate, and impose fees in respect of, the construction and use of transmitters and the ParT I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 19 \u2014\u2014 73 283 eer\" use of receiving apparatus in the Province - Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of trans- mitters constructed or maintained by the Federal Govern- ment or by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c107"}}
{"text": "Government to entrust to any Provincial Government any control over the use of trans- mitters constructed or maintained by the Federal Govern- ment or by persons authorised by the Federal Government, or over the use of receiving apparatus by persons so authorised. (2) Any functions so entrusted to a Provincial Govern- ment shall be exercised subject to such conditions as may be imposed by the Federal Government, including, notwith- standing anything contained in the Constitution, any con- ditions with respect to finance, but it shall not be lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government. (3) Any Federal law with respect to broadcasting and telecasting shall be such as to secure that effect can be given to the foregoing provisions. of this Article. (4) If any question arises whether any conditions imposed on any Provincial Government are lawfully imposed, or whether any refusal by the Federal Govern- ment to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan. | (5) Nothing in this Article shall be construed as restrict- ing the powers of the Federal Government \u2018under the Constitution for the prevention of any grave menace to the peace or tranquillity of Pakistan or any part thereof. \u00a5 =. a 284 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 197 [Parr \u2014 WO ES ParT VI FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER 1.\u2014FINANCE Distribution of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c108"}}
{"text": "a 284 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 197 [Parr \u2014 WO ES ParT VI FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER 1.\u2014FINANCE Distribution of Revenues between the F ederation and the Provinces National 160.\u2014(1) Within six months of the commencin Finance Com- day and thereafter at intervals not exceeding five veare meets the President shall constitute a National Finance Com.\u201d mission consisting of the Minister of Finance of the Federal] Government, the Ministers of Finance of the Provincia] Governments, and such other persons as may be appointed by the President after consultation with the Governors of the Provinces. (2) It shall be the duty of the National Finance Com- mission to make recommendations to the President as to\u2014 (a) the distribution between the Federation and the Provinces of the net proceeds of the taxes mentioned in clause (3); (b) the making of grants-in-aid by the Federal Government to the Provincial Governments ; (c) the exercise by the Federal Government and the Provincial Governments of the borrowing powers conferred by the Constitution ; and (a) any other matter relating to finance referred to the Commission by the President. (3) The taxes referred to in paragraph (a) of clause (2) are the following taxes raised under the authority of Parliament, namely :\u2014 (i) taxes on income, including corporation tax, but not including taxes on income consisting of remuneration paid out of the Federal Consoli- dated Fund; part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 25 (ii) taxes on sales", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c109"}}
{"text": "of remuneration paid out of the Federal Consoli- dated Fund; part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 25 (ii) taxes on sales and purchases ; (iii) export duties on cotton, and such other export duties as may be specified by the President ; (iv) such duties of excise as may be specified by the President ; and (v) such other taxes as may be specified by the President. (4) As soon as may be after receiving the recommenda- tions of the National Finance Commission, the President shall, by Order, specify, in accordance with the recom- mendations of the Commission under paragraph (a) \" of clause (2), the share of the net proceeds of the taxes mentioned in clause (3) which is to be allocated to each Province, and that share shall be paid to the Government of the Province concerned, and, notwithstanding the pro- vision of Article 78 shall not form part of the Federal Con- solidated Fund. \u201c (5) The recommendations of the National Finance Commission, together with an. explanatory memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial Assemblies. (6) At any time before an Order under clause (4) is made, the President may, by Order, make such amend- ments or modifications in the law relating to the distribution of revenues between the Federal Government and the Provincial Governments as he may deem necessary or expedient. (7) The President may, by Order, make grants in aid of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "78", "domain": "general", "chunk_id": "The Constitution of _c110"}}
{"text": "Federal Government and the Provincial Governments as he may deem necessary or expedient. (7) The President may, by Order, make grants in aid of the revenues of the Provinces in need of assistance and Pang ants shall be charged upon the Federal Consolidated un . - 286 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Natural gas and hydro-electric power, Prior sanction of President re- quired to Bills affecting taxa- tion in which Provinces are interested, Provincial taxes in respect of professions, etc, een a ny a \u2014 \u2014 161.\u2014(1) Notwithstanding the provisions of Article 78 the net proceeds of the Federal duty ci excise on natural gas levied at well-head and collected by the Federa] Government, and of the royalty collected by the Federal Governnient, shall not form part of the Federal Consolj- dated Fund and shall be paid to the Province in Which the well-head of natural gas is situated. (2) The net profits earned by the Federal Govern- ment, or any undertaking established or administered by the Federal Government from the bulk generation of power - at a hydro-electric station shall be paid to the Province in which the hydro-electric station is situated. Explanation\u2014For the purposes of this clause \u201c net profits\u201d shall be computed by deducting from the revenues accruing froin the bulk supply of power from the bus-bars of a hydro-electric station at a rate to be determined by the Councij of Common Interests, the operating expenses of the station, which shall include", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "78", "domain": "general", "chunk_id": "The Constitution of _c111"}}
{"text": "of a hydro-electric station at a rate to be determined by the Councij of Common Interests, the operating expenses of the station, which shall include any sums pay- able as taxes, duties, interest or return on investment, and depreciations and element of obsolesence, and over-heads, and provisicn for reserves. 162. No Bill or amendment which imposes or varies a tax or duty the whole or part of the net proceeds whereof is assigned to any Province, or which varies the meaning of the expression \u201cagricultural income\u201d as defined for the purposes of the enactments relating to income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to Provinces, shall be introduced or moved in the National Assembly except with the previous samc- tion of the President. 163. A Provincial Assembly may by Act impose taxes, not exceeding such limits as may from time to time be fixed by Act of Parliament, on persons engaged in professions, trades, callings or employments, and no such part] THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973. 987 eT na r = See Se, Act of the Assembly shall be regarded as imposing a tax Miscellaneous Financial Provisions 164. The Federation or a Province may make grants Grants out of for any purpose, notwithstanding that the purpose is not Consolidated one with respect to which Parliament or, as the case may Fund. be, a Provincial Assembly may make laws. . -165.\u2014(1) The", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c112"}}
{"text": "is not Consolidated one with respect to which Parliament or, as the case may Fund. be, a Provincial Assembly may make laws. . -165.\u2014(1) The Federal Government shall not, in Exemption of \u00bb respect of its property or income, be liable to taxation under certain public any Act of Provincial Assembly and, subject to clause (2), property fan a Provincial Government shall not, in respect of its pro- taxation. perty or income, be liable to taxation under Act of Parlia- ment or under Act of the Provincial Assembly of any other Province. (2) If a trade or business of any kind is carried on by or on behalf of the Government of a Province outside that Province, that Government may, in respect of any property used in connection with that trade or business or any income arising from that trade or business, be taxed under Act of Parliament or under Act of the Provincial Assembly of the Province in which that trade or business is carried on. (3) Nothing in this Article shall prevent the imposition of fees for services rendered. | CHAPTER 2.\u2014BORROWING AND AUDIT 166. The executive authority of the Federation Borrowing by extends to borrowing upon the security of the Federal Federal Govern- Consolidated Fund within such limits, if any, as may from \u2122\u2122- time to time be fixed by Act of Parliament, and to the ping of guarantees within such limits, if any, as may be 60 fixed. 167.\u2014(1) Subject to the provisions of this Article,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c113"}}
{"text": "Parliament, and to the ping of guarantees within such limits, if any, as may be 60 fixed. 167.\u2014(1) Subject to the provisions of this Article, the Borrowing by executive authority of a Province extends to borrowing Provincial upon the security of the Provincial Consolidated \u2018Fund \u201c\u00b0Y\u2122\u2122e\u2122 within such limits, if any, as may from time to time be 288 + |\u00a7\u00a7$_THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PART ] \u2014\u2014 aia ete fixed by Act of the Provincial Assembly, and to the giving of guarantees within such limits, if any, as may be co fixed. (2) The Federal Government may, subject to such conditions, if any, as it may think fit to impose, make loans to, or, so long as any limits fixed under Article 166 are not exceeded, give guarantees in respect of loans raiseq by, any Province, and any sums required for the Purpose of making loans to a Province shall be charged upon the Federal Consolidated Fund. (3) A Province may not, without the consent of the Federal Government, raise any loan if there is stil} out- standing any part of a loan made to the Province by the _ Federal Government, or in respect of which guarantee has been given by the Federal Government; and consent under this clause may be granted subject to such condi- tions, if any, as the Federal Government may think fit to impose. Audit and Accounts Audtior: 168.\u2014(1) There shall be an Auditor-General of General of Pakistan, who shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "166", "domain": "general", "chunk_id": "The Constitution of _c114"}}
{"text": "the Federal Government may think fit to impose. Audit and Accounts Audtior: 168.\u2014(1) There shall be an Auditor-General of General of Pakistan, who shall be appointed by the President. Pakistan. (2) Before entering upon office, the Auditor-General shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule. (3) The terms and conditions of service, including the term of office, of the Auditor-General shall be determined by Act of Parliament and, until so determined, by Order of the President. (4) A person who has held office as Auditor-General shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has ceased to hold that office. Fart JJ THE GAZETIE OF PAKISTAN, EXTRA., APRIL 12, 1973 289 _\u2014= = (5) The Auditor-General shall not be removed from oftice except in the like manner and on the like grounds as a Judge of the Supreme Court. (6) At any time when the office of the Auditor-General is vacant or the Auditor-General is absent or is unable to perform the functions of his office due to any cause, such other person as the President may direct shall act as Auditor-General and perform the functions of that office. 169. The Auditor-General shall, in relation to\u2014 (a) the accounts of the Federation and of the Provinces; and (6) the accounts of any authority or body estab- lished by the Federation or a Province, perform such functions and exercise such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c115"}}
{"text": "the Provinces; and (6) the accounts of any authority or body estab- lished by the Federation or a Province, perform such functions and exercise such powers as may be determined by or under Act of Parliament and, until so determined, by Order of the President. ' Functions and power of Auditor- General. 170. The accounts of the Federation and of the Power of Provinces shall be kept in such form and in accordance with such. principles and methods as the Auditor-General may, with the approval of the President, prescribe. 171. The reports of the Auditor-General relating to the accounts of the Federation shall be submitted to the President, who shall cause them to be laid before. the National Assembly and the reports of the Auditor-General relating to the accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Assembly. CHAPTER 3.\u2014PROPERTY, CONTRACTS, LIABILITIES AND SUITS 172.\u2014(1) Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government. | oe . Auditor- General to give directions as to accounts. Reports of Auditor- General, Ownerless Pro- perty. 290 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 SSS eee == Power to acquire property and to make contracts, ete. (2) All lands, minerals and other things of yaj within the continental shelf or underlying the ocean withie the territorial waters of Pakistan", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c116"}}
{"text": "contracts, ete. (2) All lands, minerals and other things of yaj within the continental shelf or underlying the ocean withie the territorial waters of Pakistan shall vest in the Feder Government. a 173.\u2014(i) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition oy mortgage of any property vested in, and to the purchase oy acquisition of property on behalf of, the Federal Govern. ment or, as the case may be, the Provincial Government and to the making of contracts. (2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government. (3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exegcise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize. (4) Neither the President, nor the Governor of a Province, shall be personally liable in respect of any con- tract or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c117"}}
{"text": "or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 291 \u2014\u2014 (5) Transfer of land by the Federal Government or a provincial Government shall be regulated by law. 174. The Federation may sue or be sued by the name suits and pro. of Pakistan and a Province may sue or be sued by the ceedings. name of the Province. ParT VII THE JUDICATURE CHAPTER 1.\u2014THB COURTS 175.\u2014(1) There shall be a Supreme Court of Pakistan, Establishment a High Court for each Province and such other courts as and jurisdiction may be established by law. . of courts, (2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any | law. (3) The Judiciary shall be separated progressively from the Executive within three years from the commencing day. CHAPTER 2.\u2014THE SUPREMB COURT OF PAKISTAN 176. The Supreme Court shall consist of a Chief Constitution of Justice to be known as the Chief Justice of Pakistan and Supreme Court, SO many. other Judges as may be determined by Act of Parliament or, until so determined..as may be fixed by the President. mM 292 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c118"}}
{"text": "determined by Act of Parliament or, until so determined..as may be fixed by the President. mM 292 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Part ] \u2014\u2014======= \u2014\u2014 i=, Appointment of Supreme Court Judges, Oath of office. Retiring age. Acting Chief Justice. 177.\u2014 (1) The Chief Justice of Pakistan shall appointed by the President, and each of the other Judges shall be appointed by the President after consultation With the Chief Justice. \u2014 (2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan ang\u2014 (a) has for a period of, or for periods aggregating - not less than five years been a Judge of a High | Court (including a High Court which existeg . in Pakistan at any time before the commenc. ing day); or - (6) has for a period of, or for periods aggregating, not less than fifteen years been an advocate of - a High Court (including a High Court which existed in Pakistan at any time before the commencing day). 178. Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shali make before the Chief Justice, oath in the form set out in the Third Schedule. 179. A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance. with the Constitution. 180. At any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c119"}}
{"text": "until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance. with the Constitution. 180. At any time when\u2014 (a) the office of Chief Justice of Pakistan is vacant; Or (b) the Chief Justice of Pakistan is absent or is un- able to perform the functions of his office due to any other cause, _ the President shall appoint the most senior of the other Judges of the Supreme Court to act as Chief Justi Pakistan. . e of A [Past I THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 293 181.\u2014(1) At any time when\u2014 (a) the office of a Judge of the Supreme Court is vacant ; or (b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause, the President may, in the manner provided in clause (1) \u2018of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court. (2) An appointment under this Article shall continue in force until it is revoked by the President. 182. If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or con- tinue any sitting of the Court, or for any other reason it is: necessary to increase temporarily the number of Judges of the Supreme Court, the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "177", "domain": "general", "chunk_id": "The Constitution of _c120"}}
{"text": "any sitting of the Court, or for any other reason it is: necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in. writing,\u2014 Acting Judges. Appointment of ad hoc Jud- Bes, (a) with the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or (b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a Judge of that Court qualified for appointment as a Judge of the Supreme Court, to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdic- tion as a Judge of the Supreme Court. 294 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr ] Seat of the Supreme Court. Original juris- diction of Supreme Court, Appellate Jurisdiction ot Supreme Court re. 183.\u2014(1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad. (2) The Supreme Court may from time to time sit in such other places aS the Chief Justice of: Pakistan, with the approval of the President, may appoint. (3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c121"}}
{"text": "Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint. : 184.\u2014(1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute \u2018between any two or more Governments. Explanation\u2014In this clause, \u201c Governments \u201d means the Federal Government and the Provincial Governments. (2) \u2018In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declara- tory judgments only. (3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part IT is involved, have the power to make an order of the nature mentioned in the said Article. ; 185.\u2014(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from - judgments, decrees, final orders or sentences of a High Court. (2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court\u2014 (a) if the High Court has on appeal reversed ap order of acquittal of an accused person an y Fe ad part YJ rr\" =\u2014_\u2014\u2014 (5) (c) (d) (e) (f) THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 205 sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "199", "domain": "general", "chunk_id": "The Constitution of _c122"}}
{"text": "GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 205 sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as afore- said ; or if the High Court has withdrawn for trial before itself any case from any court sub- ordinate to it and has in such trial convicted the accused person and sentenced him as afore- said ; or if the High Court has imposed any punishment on any person for contempt-of the High Court ; or if the amount or value of the subject-matter of the dispute in the court of first instance was. and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of Parliament and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below ; or if the judgment, decree or final order invoives directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below ; or if the High Court certifies that the case involves a substantial question of Jaw as to the inter- pretation of the Constitution. (3) An appeal to the Supreme Court from a judg- ment, decree, order or sentence", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c123"}}
{"text": "of Jaw as to the inter- pretation of the Constitution. (3) An appeal to the Supreme Court from a judg- ment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal. 296: THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] \u2014\u2014__= = Prien juris- _ _ 186.\u2014(1) If, at any time, the President considers that hints it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. (2) The Supreme Court shall consider a question sq referred and report its opinion on the.question to the President. Issue and execu- 187.\u2014(1) The Supreme Court shall have power to issue tion of pro- such directions, orders or decrees as may be necessary for cesses Of Sup- doing complete justice in any case or matter pending before \u00b0 it, including an order for the purpose of securing the atten- dance of any person or the discovery or production of any document. (2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c124"}}
{"text": "Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province. (3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final. - Review of judg- 188. The Supreme Court shall have power, subject to: ments er orders the provisions of any Act of Parliament and of any rules Court P made by the Supreme Court, to review any judgment pro- nounced or any order made by it. Decisions of 189. Any decision of the Supreme Court shall, to the puereme mp extent that it decides a question of law or is based upon binding op Ofer or enunciates a principle of law, be binding on all other sles courts in Pakistan. \u2014 fe eel Ul THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 PAR = = a 196. All executive and judicial authorities throughout Action in aid of akistan shall act in aid of the Supreme Court. Supreme Court, 297 E 191. Subject to the Constitution and law, the Supreme Rules of pro- Court may make rules regulating the practice and procedure cedure, of the Court. CHAPTER 3.\u2014THB HIGH CouRTs 192.\u2014(1) A High Court shall consist of a Chief Justice Constitution of : and so many other Judges as may be determined by law High Court. or, until so", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c125"}}
{"text": "shall consist of a Chief Justice Constitution of : and so many other Judges as may be determined by law High Court. or, until so determined, as may be fixed by the President. (2) Notwithstanding anything contained in Article 175, any two Provinces may, with the consent of the President, \u2018agree that there shall be a common High Court for the two Provinces, and the President shall establish a common High Court accordingly. Explanation.\u2014The Sind and Baluchistan High Court as functioning immediately before the commencing day shall be deemed to have been established under this clause. (3) A High Court established under clause (2) shall have jurisdiction in both the Provinces for which it has been established. (4) The agreement referred to in clause (2) shall contain such incidental and consequential provisions, including Provisions relating to sharing of expenditure connected with the High Court, as may appear necessary or desirable lor giving effect to the purposes of the agreement and shall specify by which Governor any function which is to be discharged by the Governor of a Province under this Chapter shall be discharged in respect of the High Court, - and the Governor so specified shall have the power to dis- - Charge that function. Parle The jurisdiction of a High Court may, by Act of ino ent, be extended to any area in Pakistan not form- a 298 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 {Parr | | \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014 Appointment of 193.\u2014(1) A Judge of a High", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "175", "domain": "general", "chunk_id": "The Constitution of _c126"}}
{"text": "Pakistan not form- a 298 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 {Parr | | \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014 Appointment of 193.\u2014(1) A Judge of a High Court shall be appointe Nes by the President after consultation\u2014 < (a) with the Chief Justice of Pakistan ; (b) with the Governor concerned; and (c) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court. ; (2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty years of age, and\u2014 (a) he has for a period of, or for periods aggregat- ing, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the com- mencing day) ; or (b) he is, and has for a period of not less than ten years been, a member of a civil service pres- cribed by law for the purposes of this para- graph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or (c) he has, for a period of not less than ten years, held a judicial office in Pakistan. (3) In this Article, \u201c District Judge \u201d means Judge of a principal civil court of original jurisdiction. Oath of office. 194. Before entering upon office, the Chief Justice of a High Court shall make before", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c127"}}
{"text": "a principal civil court of original jurisdiction. Oath of office. 194. Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule. vant , THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Je a \u2014 195. A Judge of a High Court shall hold office until Retiring age. . ne attains the age of sixty-two years, unless he sooner resigns oF 1s removed from office in accordance with the Constitution. 299 196. At any time when\u2014 Acting Chief (a) the office of Chief Justice of a High Court Yustice is vacant, or (b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to any other cause, \u2019 the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice. 197. At any time when\u2014 Additional Judges. (a) the office of a Judge of a High Court is vacant; \u00a9 Or (b) a Judge of a High Court is absent or is unable to perform the functions of his office due \u2018to any other cause; or (c) for any reason it is necessary to increase the number of Judges of a High Court, the President may, in the manner provided in clause (1) of Article 193, appoint a person qualified for appoint- ment as", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "193", "domain": "general", "chunk_id": "The Constitution of _c128"}}
{"text": "of a High Court, the President may, in the manner provided in clause (1) of Article 193, appoint a person qualified for appoint- ment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law. -198. Each High Court in existence immediately before Seat of the High the commencing day shall continue to have its principal Cour. Seat at the place where it had such seat before.that day. 300 THE GAZETTE OF PAKISTAN, EXTRA. APRIL i2, 1973 [Parr ] ere ee \u2014_ \u2014 Jurisdiction of 199,\u2014(1) Subject to the\u2019 Constitution, a\u00b0 High Court High Court. may, if it is satisfied that no other adequate remedy is pro. - vided by law\u2014 | (a) on the application of any aggrieved party, make an order\u2014 . , (i) directing a person performing, within the 7 territorial jurisdiction of the Court, fune- tions in connection with the affairs of the. Federation, a Province or a local authority. to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or (ii) declaring that any act done or proceeding . taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federa- \u201ction, a Province or a local authority has been done or taken without lawful authority", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "193", "domain": "general", "chunk_id": "The Constitution of _c129"}}
{"text": "performing functions in connection with the affairs of the Federa- \u201ction, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or ~ (b) on the application of any person, make an order\u2014 (i) directing that a person in custody within the ' territorial jurisdiction of the Court be brought before it so that the Court may Satisfy itself that .he is not being held in \" - Custody without lawful authority or in an unlawful manner; or ~ (ii) requiring a person within~ the territorial ' Jurisdiction of the Court holding or pur- porting to hold a public office to show under what authority of law he claims to hold that office; or - \u2014(c) on the application of any aggrieved person, make an erder giving such directions to anv person od parT Y] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 301 eae or authority, including any Government exercis- jing any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter | of Part II. (2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be . abridged. Oo _ (3) An order shall not be made under Clause (1) on - . application", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c130"}}
{"text": "1 of Part II shall not be . abridged. Oo _ (3) An order shall not be made under Clause (1) on - . application made by or in relation to a member of the Armed Forces of Pakistan in respect of his terms and condi- tions of service, in respect of any matter arising out of his service. or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan. (4) Where\u2014 (a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and (b) the making of an interim order would have the effect of prejudicing or interfering with the - carrying out of a public work or of otherwise being harmful to the public interest or of impeding the assessment or collection of - public revenues, 7 the Court shall not make an interim order unless the pres- cribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that the Interim order\u2014 Ds a (i) would not have such effect as aforesaid ; or \u00a9 \u2014- 302 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] a (ii) would have the effect of suspending an order \u2018oy proceeding which on the face of the record js without jurisdiction.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c131"}}
{"text": "1973 [Parr ] a (ii) would have the effect of suspending an order \u2018oy proceeding which on the face of the record js without jurisdiction. (5) In this Article. unless the context otherwise Tequires,\u2014 \u201c person\u201d includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Govern- ment, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and \u201cprescribed law officer\u2019 means\u2014 (a) in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and (b) in any other case, the Advocate-General for the | Province in which the application is made. Transfer of 200.\u2014(1) The President may transfer a Judge of a High Court High Court from one High Court to another High Court. Judges. but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts. _ (2) When a Judge is so transferred, he shall. during the period for which he serves as a Judge of the High Court to which he is transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine. 2. part I] \u2014 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 303", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c132"}}
{"text": "in addition to his salary, as the President may, by Order, determine. 2. part I] \u2014 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 303 a 201. Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law \u2018s based upon OT enunciates a principle of law. be binding or al courts subordinate to it. 0 702. Subject to the Constitution and law, a High rt may make rules regulating the practice and procedure \u00b0 the Court or of any court subordinate to it. 0 203. Bach High Court shall supervise and control all \u2018courts subordinate to it. CHAPTER 4.\u2014GENERAL PROVISIONS RELATING TO THE . JUDICATURE 204.\u2014 (1) In this Article. \u201c Court\u2019 means the Supreme Court or a High Court. (2) A Court shall have power to punish any person who\u2014 (a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court; or (b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge in relation to his office into hatred, ridicule or contempt ; or does anything which tends to prejudice the determination of a matter pending before the. Court; or (d) does any other thing which. by law. constitutes Contempt of the Court. Explanation, ; ~-Fair comment made in good faith and the public inte ; rest on the working of the Court or any of Decision of High Court .", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "189", "domain": "general", "chunk_id": "The Constitution of _c133"}}
{"text": "comment made in good faith and the public inte ; rest on the working of the Court or any of Decision of High Court . binding on sub- ordinate courts, Rules of pro- cedure. High Court to superintend sub- ordinate courts. Contempt of Court. \u201ca? / 304 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parry ee \u2014== its final decisions after the expiry of the period of limita. tion for appeal, if any, shall not constitute contempt of the Court. : (3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, . by rules made by the Court. Remuneration, 205. The remuneration and other terms and conditions etc,, of Judges. of service of a Judge of the Supreme Court or of a High -- Court shall be as provided in the Fifth Schedule. \u2014 . Resignation. . 206. A Judge of the Supreme Court or of a High Court may resign his office by writing under his hand addressed to the President. 7. Judge not to 297.\u2014(1) A Judge of the Supreme Court or of a High ee of Court shall not\u2014 ; (4) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased ; or \u2018 (6) occupy any other position carrying the Tight to remuneration for the rendering of services. (2) A person who has held office as a Judge of the Supreme Court or of a High", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c134"}}
{"text": "to remuneration for the rendering of services. (2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Com- missioner or of Chairman or member of a law commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office, (3) A person who has held office as u perinanent Judge~ (a) of the Supreme Court, shall not plead or act fa any court or before any authority in Pakis- AR ; THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12 \u2014\u2014 , 1973 305 parT 1] (bo) of a High Court, shall not plead or act in any court or before any authority within its jurisdic- tion ; and (c) of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any cout or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the permanent bench of that High Court to which he was assigned. 2938: The Supreme Court, with the approval of the President and a High Court, with the approval of the Gover- nor concerned, may make rules providing for the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c135"}}
{"text": "Court, with the approval of the President and a High Court, with the approval of the Gover- nor concerned, may make rules providing for the appoint- ment by the Court of officers and servants of the Court and for their terms and conditions of employment. 209.\u2014(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council. (2) The Council shall consist of\u2014 (a) the Chief Justice of Pakistan ; (6) the two next most senior J udges of the Supreme . Court; and (c) the two most senior Chief Justices of High Courts. _ Explanation.\u2014For the purpose of this clause, the ler s\u00e9 seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appoint- nent as Chief Justice, and in case the dates of such opoontment are the same, with reference to their dates appointment as Judges of any of the High Courts. SSE: Officers and \u00a9 servants of Courts, Supreme Judicial Council, 306 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PART ] a ee _ \u2014 (3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member Of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then\u2014 (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who js next in seniority", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c136"}}
{"text": "other cause, then\u2014 (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who js next in seniority below the Judges referred to in paragraph (b) of clause (2), and . (b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief, Justices of the remaining High Courts, shall act as a member of the Council in his place. (4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority. | (5) If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court\u2014 (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity ; or (b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter. (6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion\u2014 \u00bb wv part I] 307 or THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 (a) that the Judge is incapable of performing the duties oi his office or has been guilty of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c137"}}
{"text": "GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 (a) that the Judge is incapable of performing the duties oi his office or has been guilty of mis- conduct, and (b) that he should be removed from office, the President may remove the Judge from office. (7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this \u00bb Article. (8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High . Courts. 210.-\u2014(1) For the purpose of inquiring into any matter, power of the Council shall have the same power as the Supreme Council to Court has to issue directions or orders for securing the ealgree attend- attendance of any person or the discovery or production of ie person-, any document; and any such direction or order shall be ~ enforceable as if it had been issued by the Supreme Court. (2) The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High 211. The proceedings before the Council, its report Bar of juris- to the President and the removal of a Judge under clause (6) diction. of Article 209 shall not be called in question in any court. _ 212.\u2014(1) Notwithstanding anything hereinbefore con- Goma tained, the appropriate Legislature may by Act establish punais. one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of\u2014 (a)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "204", "domain": "general", "chunk_id": "The Constitution of _c138"}}
{"text": "Goma tained, the appropriate Legislature may by Act establish punais. one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of\u2014 (a) matters relating to the terms and conditions of persons in the service of Pakistan, including disciplinary matters ; 308 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | ee Chief Election Commissioner; a (6) matters relating to claims arising irom tortious acts of Government, or any person in the service of Pakistan, or of any local or Other authority empowered by law to levy any tax or cess and any servant of such authority act. ing in the discharge of his dities as such servant; or (c) matters relating to the acquisition, administra. tion and disposal of any property which ie deemed to be enemy property under any law. - (2) Notwithstanding anything hereinbefore contained where any Administrative Court or Tribunal is estab. lished under clause (1), no other court shall grant an. injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends : Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the Tequest of that Assembly made in the form of a resolution, Parliament by law extends the provisions to such a Court or Tribunal. (3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c139"}}
{"text": "extends the provisions to such a Court or Tribunal. (3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shaJl lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal. Part VII ELECTIONS CHAPTER 1.\u2014CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSIONS 213.\u2014(1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who sb be appointed by the President. rl THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 309 TT (2) No person shall be appointed to be Commissioner he is, or has been, a Judge of the Supreme Court or ess been, a Judge of a High Court and is qualified is, or paragraph (a) of clause (2) of Article 177 to be on pointed a Judge of the Supreme Court. (3) The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law. : 214. Before entering upon office, the Commissioner Commissioner's shall make before the Chief Justice of Pakistan oath in the oath of office. > form set out in the Third Schedule. 215.\u2014(1) The Cominissioner shall, subject to this Ce cule Or Article, hold office for a term of three years from the day ORIMIS CRED, be enters upon his office : Provided that the National Assembly may by resolu- tion extend the term of the Commissioner by a period not exceeding", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "177", "domain": "general", "chunk_id": "The Constitution of _c140"}}
{"text": "enters upon his office : Provided that the National Assembly may by resolu- tion extend the term of the Commissioner by a period not exceeding one year. (2) The Commissioner shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Commissioner. (3) The Commissioner may. by writing under his hand addressed to the President, resign his office. 216.\u2014(1) The Commissioner shall not\u2014 Commissioner (a) hol : . bot to hold a \u201cf fy other office of profit in the service office of profit, (5) occupy any other position carrying the right to remuneration for the rendering of services. 310 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] \u2014== (2) A person who has held office as Commissione shall not hold any office of profit in the service of Pakistan before the expiration of two years after he has ceased ty hold that office : Provided that\u2014 (a) this clause shall not be construed as preventing a person who was a Judge of the Supreme Court or of a High Court immediately before. his appointment as Commissioner from resum- ing his duties as such Judge on the expiration of his term as Commissioner ; and (b) a person who has held office as Commissioner\u2019 may, with the concurrence", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "209", "domain": "general", "chunk_id": "The Constitution of _c141"}}
{"text": "such Judge on the expiration of his term as Commissioner ; and (b) a person who has held office as Commissioner\u2019 may, with the concurrence of both Houses, be reappointed to that office before the expiration of two years after he has ceased to hold that office. Acting Come : _ nissioner, 217. At any time when (a) the office of Commissioner is vacant, or (b) the Commissioner is absent or is unable to perform the functions of his office due to any other cause, a Judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as Commissoner. Election Com= 218.\u2014(1) For the purpose of each general election to mission. the National Assembly and to a Provincial Assembly, an Election Commission shall be constituted in accordance with this Article. (2) The Election Commission shall consist of\u2014 (a) the Commissioner, who shall be Chairman of the Commission; and ~ part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 311 (b) two members, each of whom shall be a Judge of a High Court, appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner. (3) It shall be the duty of the Election Commission constituted in relation to an election-to organize and con- duct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. 219. The", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c142"}}
{"text": "necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. 219. The Commissioner shall be charged with the Duties of Com- duty of missioner. (a) preparing electoral rolls for election to the National Assembly and the Provincial Assem- blies, and revising such rolls annually ; (5) organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly ; and (c) appointing Election Tribunals. 220. It shall be the duty of all executive authorities Executive autho: in the Federation and in the Provinces to assist the Com- rities to assist missioner and the Election Commission in the discharge Commission, etc. of his or their functions. 221. Until Parliament by law otherwise provides, the orcers and? Commissioner may, with the approval of the President. servants. make rules providing for the appointment by the Com- Mussioner of officers and servants to be employed in Connection with the functions of the Commissioner or an lection Commission and for their terms and conditions bf employment. 312 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] =\u2014 CHAPTER 2.\u2014ELECTORAL LAWS AND CONDUCT OF ELECTions Rlectoral laws. 222. Subject to the Constitution, Parliament may by law provide for\u2014 (a) the allocation of seats in the National Assembly \"as required by clauses (3) and (4) of Article 51; (b) the delimitation of constituencies by the Elec. tion Commission ; (c) the preparation of electoral rolls, the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "51", "domain": "general", "chunk_id": "The Constitution of _c143"}}
{"text": "clauses (3) and (4) of Article 51; (b) the delimitation of constituencies by the Elec. tion Commission ; (c) the preparation of electoral rolls, the require- ments as to residence in a constituency, the determination of objections pertaining to and the commencement of electoral rolls; ; (d) the conduct of elections and election petitions; the decision of doubts and disputes arising in connection with elections ; (e) matters relating to corrupt practices and other offences in connection with elections ; and (f) all other matters necessary for the due consti- tution of the two Houses and the Provincial Assemblies ; but no such law shall have the effect of taking away or abridging any of the powers of the Commissioner or an Election Commission under this Part. Bar against 223.\u2014(1) No person shall, at the same time, be a ed member- member of\u2014 ship. (a) both Houses; or (b) a House and a Provincial Assembly; or (c) the Assemblies of two or more Provinces; of (d) a House or a Provincial Assembly in respect of more than one seat. (2) Nothing in clause (1) shall prevent a person from being a candidate for two or more seats at the same time, whether in the same body or in different bodies, but if he a part 1] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014\u2014$ 313 oo \u2014\u2014\u2014S\u2014\u2014_\u2014_\u2014S== is elected to more than one seat he shall, within a period of thirty days alter the declaration of the result for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "51", "domain": "general", "chunk_id": "The Constitution of _c144"}}
{"text": "313 oo \u2014\u2014\u2014S\u2014\u2014_\u2014_\u2014S== is elected to more than one seat he shall, within a period of thirty days alter the declaration of the result for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the seat to which he has been elected last or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was filed last. Explanation \u2014In this clause, \u201cbody\u201d means either House or a Provincial Assembly. (3) A person to whom clause (2) applies shall not take - a seat in either House or the Provincial Assembly to which he has been elected until he has resigned all but one of his seats. (4) Subject to clause (2), if a member of either House or of a Provincial Assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat. 224.\u2014(1) A general election to the National Assembly Time of election or a Provincial Assembly shall be held within a period of and bye election sixty days immediately preceding the day on which the term of the Assembly is due to expire, unless the Assembly", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c145"}}
{"text": "period of and bye election sixty days immediately preceding the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election wall be declared not later than fourteen days before that ay. (2) When the National Assembly or a Provincial Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dis- Solution, and the results of the election shall-be declared voli than fourteen days after the conclusion of the Os, fi PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] \u2014_\u2014_\u2014_\u2014 314 THE GAZETTE OF in aki Election dispute Elections to be by secret ballot Provisions relae ting to the Holy Quran and Sun- aah. (3) An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur. (4) When, except by dissolution of the Nationa} Assembly or a Provincial Assembly, a seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy. (5) When a seat in the Senate has become vacant, an election to fill the seat shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c146"}}
{"text": "days from the occurrence of the vacancy. (5) When a seat in the Senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy. 225. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Parliament. 926. All elections under the Constitution, other than those of the Prime Minister and a Chief Minister, shall be by secret ballot. PART IX ISLAMIC PROVISIONS 227.\u2014(1) All existing laws shall be brought in con- formity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which 1s repugnant to such Injunctions. (2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part. (3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens. part UY | ae ee = {HE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 315 228.\u2014(1) There shall be constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this Part referred to as the Islamic Council. (2) The Islamic Council shall consist of such members, being not less than eight and not more than fifteen as the President may appoint from amongst", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c147"}}
{"text": "The Islamic Council shall consist of such members, being not less than eight and not more than fifteen as the President may appoint from amongst persons having know- leage of the principles and philosophy of Islam as enunci- ated in the Holy Quran and Sunnah, or understanding of the economic. political, legal or administrative problems of Pakistan. (3) While appointing members of the Islamic Council, the President shall ensure that\u2014 (a) so far as practicable various schools of thought are represented in the Council; (6) not less than two of the members are persons each of whom is, or has been a Judge of the Supreme Court or of a High Court ; (c) not less than four of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction ; and (dq) at least one member is a woman. (4) The President shall appoint one of the members referred to in paragraph (b) of clause (3) to be the Chair- man of the Islamic Council. (5) Subject to clause (6). a member of the Islamic Council shall hold office for a period of three years. (6) A \u00abmember may, by writing under his hand addres- sed to the President. resign his office or may be removed bv the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council. Composition, clc., of Islamic Council. 316 THE", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c148"}}
{"text": "passing of a resolution for his removal by a majority of the total membership of the Islamic Council. Composition, clc., of Islamic Council. 316 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 LPaRT | x \u2014_\u2014\u2014_\u2014 \u2014 aoe Tt Reference by Vatliament, etc., to Islamic Council. Functions of the Islamic Council, 229. The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam. 230.\u2014 (1). The functions of the Islamic Council shajj be\u2014 (a) to make recommendations to Parliament and ' the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enuncia- ted in the Holy Quran and Sunnah; (b) to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether a pro- posed law is or is not repugnant to the Injunc- tions of Islam; (c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect ; and (dq) to compile in a suitable form, for the guidance of Parliament and the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c149"}}
{"text": "by which such measures should be brought into effect ; and (dq) to compile in a suitable form, for the guidance of Parliament and the Provincial Assemblies, such Injunctions of Islam as can be given legisla- tive effect. (2) When, under Article 229, a question is referred by a House, a Provincial Assembly; the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 = 317 (3) Where a House, a Provincial Assembly, the President or the Governor, as the case may be, con- siders that, in the public interest, the making of the pro- osed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is - furnished : Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made. (4) The Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "229", "domain": "general", "chunk_id": "The Constitution of _c150"}}
{"text": "Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and Parliament and the Assembly, after con- sidering the report, shall enact laws in respect thereof within \u2019 a period of two vears of the final report. 231. The proceedings of the Islamic Council shall be Rules of pro- regulated by rules of procedureto be made by the Council cedure. with the approval of the President. Parr X EMERGENCY PROVISIONS 232.\u2014(1) If the President is satisfied that a grave Proclamation of emergency exists in: which the security of Pakistan, emergency on or any part thereof, is threatened by war or external ageres- ternal ong sion, or by internal disturbance beyond the power of a Pro- bance, etc. vincial Government to control, he may: issue a Proclama- ton of Bmergeney. 318 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Pari ee (2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force,\u2014 (a) Parliament shall have power to make laws for (5) (c) a Province, or any part thereof, with respect to any matter enumerated in Part I of the Federg) Legislative List or the Concurrent Legislative List or with respect to any matter not enume. rated in either of those Lists, as if it were a matter specified in Part I of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c151"}}
{"text": "with respect to any matter not enume. rated in either of those Lists, as if it were a matter specified in Part I of the Federal Legisla- tive List ; the executive authority of the Federation shal] extended to the giving of directions to a Province as to the manner in which the executive autho- rity of the Province is to be exercised ; and the Federal Government may by Order assume to itself, or direct the Governor of a Province to assume on behalf of the Federal Govern- ment, all or any of the functions of the Govern- ment of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province other than the Pro- vincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desir- able for giving effect to the objects of the Proclamation, including provisions for suspend- ing, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the Province : Provided that nothing in paragraph (c) shal! authorise the Federal Government to assume to itself. or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any pro- visions of the Constitution relating to High Courts. Pari I] ee (3) The", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c152"}}
{"text": "suspend either in whole or in part the operation of any pro- visions of the Constitution relating to High Courts. Pari I] ee (3) The power of Parliament to make laws for a Pro- vince with respect to any matter shall include power to make laws conferring powers and imposing duties. or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter. THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 319 (4) Nothing in this Article shall restrict the power of a provincial Assembly to make any law which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant to any provision of an Act of Parliament which Parliament has under this Article power to make, the Act of Parliament, whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of Parliament continues to have effect, be void. (5) A law made by Parliament, which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to the extent of the incompe- tency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c153"}}
{"text": "Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. (6) While a Proclamation of Emergency is in force, Parliament may by law extend the term of the National Assembly for a period not exceeding one year and hot extending in any case beyond a period of six months after the Proclamation has ceased to be in force. _, () A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to net within thirty days of the Proclamation being issued and\u2014 (a) shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting ; and | {Parr | 320 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 Power to sus- pend Funda- mental Rights, etc., during emergency period. \u2014\u2014 (b) may, by a resolution of a joint sitting, be conti. nued in force for a period not exceeding giz months at a time. (8) Notwithstanding anything contained in clause (7) jf the National Assembly stands dissolved at the time whep a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the\" expiration of that", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c154"}}
{"text": "election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the\" expiration of that period unless it has earlier been approved by a resolution of the Senate. 233.\u2014(1) Nothing contained in Articles 15, 16, 17, 18, 19 and 24 shall, while a Proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provisions in the said Articles, be compe- tent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force. (2) While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any court which is for the enforcement, or involves the determl- nation of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan. (3) Every Order made under this Article", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "7", "domain": "general", "chunk_id": "The Constitution of _c155"}}
{"text": "force, and any such Order may be made in respect of the whole or any part of Pakistan. (3) Every Order made under this Article shall, as sp as may be, be laid before a joint sitting for approval a0 f } - - toe lo \u2014 PaRT q] ee \u2014\u2014\u2014\u2014 \u2014\u2014 os THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014_\u2014 rr the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency. 334,\u2014(1) If the President, on receipt of a report from the Governor of a Province or otherwise, is satisfied that q situation has arisen in which the Government of the Pro- vince cannot be carried on in accordance with the provi- sions of the Constitution, the President may, or if a resolu- tion in this behalf 1s passed at a joint sitting shall, by Proclamation,\u2014 (a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in. or exercisable by, anybody or authority in the Province, other than the Provincial Assembly : (b) declare that the powers of the Provincial _ Assembly shall be exercisable by, or under the authority of, Parliament; and (c) make such incidental and consequential pro- visions as appear to the President to be necessary or desirable for giving effect to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "232", "domain": "general", "chunk_id": "The Constitution of _c156"}}
{"text": "Parliament; and (c) make such incidental and consequential pro- visions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspend- ing in whole or in part the operation of any pro- visions of the Constitution relating to any body or authority in the Province : Provided that nothing in this Article shall authorise the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts. _ (2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1). _ (3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months. umless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended Power to issue Proclamation in case of failure of Constitutional machinery ina Province, 3 5 2 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (P x ART <, . Ueto ee ee em SS for a further period not exceeding two months at a time. but no such Proclamation shall in any case remain in force for more than", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "105", "domain": "general", "chunk_id": "The Constitution of _c157"}}
{"text": "for a further period not exceeding two months at a time. but no such Proclamation shall in any case remain in force for more than six months. (4) Notwithstanding anything contained in Clause (3) if the National Assembly stands dissolved at the time When a Proclamation is issued under this Article, the Proclama. tion shall continue in force for a period of three Months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate. \" (5) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assem. bly shall be exercisable by or under the authority of Parlja. ment, it shall be competent\u2014 (a) to Parliament in joint sitting to confer on the President the power to make laws with Tespect to any matter within the legislative competence of the Provincial Assembly ; (6) to Parliament in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federa- tion. or officers and authorities thereof : (c) to the President, when Parliament is not in ses- sion, to authorise expenditure from the Provin- cial Consolidated Fund. whether the expendi- ture is charged by the Constitution upon that Fund", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c158"}}
{"text": "not in ses- sion, to authorise expenditure from the Provin- cial Consolidated Fund. whether the expendi- ture is charged by the Constitution upon that Fund or not, pending the sanction of such ex- penditure by Parliament in joint sitting; and (/) to Parliament in joint sitting by resolution to sanction expenditure authorised by the President under paragraph (c). (6) Any Jaw made by Parliament or the President which Parliament or the President would not, but for the issue of 4 if \u2014 \u2014\u2014\u2014_ parT JJ _ __ THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 323 \u2014_\u2014- = er proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have efiect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as LO things, done or omitted to be done before the expiration of the said period. 735.\u2014(1) If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consultation with the Governors of the Provinces or, as the case may be, the Governor of the Province con- cerned, by Proclamation make a declaration to that effect, and, while such a Proclamation is in force, the executive authority of the Federation shall extend to the giving of direc- tions to any Province to observe such principles oi financial propriety as may be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c159"}}
{"text": "authority of the Federation shall extend to the giving of direc- tions to any Province to observe such principles oi financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof. (2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduc- tion of the salary and allowances of all or any class of persons serving in connection with the affairs of a Province. (3) While a Proclamation issued under this Article is in force, the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the Federation. (4) The provisions of clauses (3) and (4) of Arti- cle 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article. _236.\u2014(1) A Proclamation issued under this Part may be varied or revoked by a subsequent Proclamation. (2) The validity of any Proclamation issued or Order made under this Part shall not be called in question in any ourt, Proclamation in case of finan- cial emergency, Revocation of Proclamation, eIc, 324 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Parliament may make laws of indemnity, tc. Amendment of Constitution. Constitution amendment Bill. \u2014\u2014\u2014 237. Nothing in the Constitution shall prevent", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c160"}}
{"text": "12, 1973 [Parr ] Parliament may make laws of indemnity, tc. Amendment of Constitution. Constitution amendment Bill. \u2014\u2014\u2014 237. Nothing in the Constitution shall prevent Paria, ment from making any law indemnifying any person in the service of the Federal Government or a Provincial Govern, ment, or any other person, in respect of any act done jn connection with the maintenance or restoration of order in any area in Pakistan. PART XI AMENDMENT OF CONSTITUTION 238. Subject to this Part, the Constitution may be amended by Act of Parliament. 239.\u2014(1) A Bill to amend the Constitution shall OTigi- * nate in the National Assembly and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the Assembly it shall be transmitted to the Senate. (2) If the Bill is passed by the Senate by a majority of the total membership of the Senate it shall be presented to the President for assent. (3) If the Bill is passed by the Senate with amendments, it shall be reconsidered by the National Assembly ; and if the Bill as amended by the Senate is passed by the Assembly by the votes of not less than two-thirds of the total member- ship of the Assembly, it shall be presented to the President for assent. (4) If the Bill is not passed by the Senate within ninety days from the day of its receipt the Bill shall be deemed to have been rejected by the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c161"}}
{"text": "not passed by the Senate within ninety days from the day of its receipt the Bill shall be deemed to have been rejected by the Senate. (5) The President shall assent to the Bill within seven days of the presentation of the Bill to him, and if he fails to do so he shall be deemed to have assented thereto at the expiration of that period. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 325 \u2014\u2014O\u2014or\u2014=erea\u2014oroao (6) When the President has assented to or is deemed to nave assented to the Bill, the Bill shall become Act of Parliament and the Constitution shall stand amended in accordance with the terms thereof. (7) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be passed by the National Assembly unless it has been approved by a resolution of the Provincial Assembly of that Province . passed by the votes of not less than two-thirds of the total . membership of that Assembly. PaRT XII MISCELLANEOUS CHAPTER 1.\u2014SERVICES 240. Subject to the Constitution, the appointments to and the conditions of service of persons in the service of \u2019 Pakistan shall be determined\u2014 , (a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All-Pakistan Services, by or under Act of Parliament ; and (b) in the case of the services of a Province and posts in connection with the affairs", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c162"}}
{"text": "by or under Act of Parliament ; and (b) in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly. Explanation.\u2014In this Article, \u201c All-Pakistan Service \u201d Means a service common to the Federation and the Pro- vinces, which was in existence immediately before the com- a mencing day or which may be created by Act of Parliament. Appointments to service of Pak- istan and condi- tions,of service. 326 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr 1 _ TI Existing rules, 241. Until the appropriate Legislature makes aq law etc., to continue. under Article 240, all rules and orders in force immediate, before the commencing day shall, so far as consistent the provisions of the Constitution, continue in force ang may be amended from time to time by the Federal G . OVern. ment or, as the case may be, the Provincial Governmen With Public Service vel 242.\u2014(1) Parliament in relation to the affairs of the Commission. Federation, and the Provincial Assembly of a Province jn relation to the affairs of the Province, may, by law, provide\u2019 for the establishment and constitution of a Public Service Commission. qa (2) A Public Service Commission shall perform such functions as may be prescribed by law. CHAPTER 2.\u2014ARMED FORCES Command of 243.\u2014(1) The Federal Government shall have control Armed Forces. and command of the Armed Forces. (2) The President shall subject to law, have power\u2014", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "240", "domain": "general", "chunk_id": "The Constitution of _c163"}}
{"text": "of 243.\u2014(1) The Federal Government shall have control Armed Forces. and command of the Armed Forces. (2) The President shall subject to law, have power\u2014 (a) to raise and maintain the Military, Naval and Air Forces of Pakistan ; and the Reserves of such Forces ; (5) to grant Commissions in such Forces; and (c) to appoint the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and allowances, | Oath of Armed shall make Forces. 244, Every member of the Armed Force oath in the form set out in the Third Schedule. part J THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 320 945. The Armed Forces shall, under the directions of Functions of the Federal Government, defend Pakistan against exter- Armed Forces, nal aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. CHAPTER 3.\u2014TRIBAL \u201c.26AS 146. In the Constitution, \u2014 Tribal Areas. (a) \u201c Tribal Areas \u201d means the areas in Pakistan which, immediatcly before the commencing day, were Tribal Areas, and includes\u2014 (i) the Tribal Areas of Baluchistan and the North-West Frontier Province; and (ii) the former States of Amb, Chitral, Dir and Swat; (b) \u201cProvincially Administered Tribal Areas\u201d means\u2014 (i) the districts of Chitral, Dir and Swat (which includes Kalam), Malakand Protected Area, : the Tribal Area adjoining Hazara district : and the former State of Amb; and (ii) Zhob district,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c164"}}
{"text": "Swat (which includes Kalam), Malakand Protected Area, : the Tribal Area adjoining Hazara district : and the former State of Amb; and (ii) Zhob district, Loralai district (excluding ~ Duki Tehsil), Dalbandin Tehsil of Chagai district and Marri and Bugti tribal terri- tories of Sibi district ; and (c) \u201cFederally Administered Tribal Areas\u201d in- cludes\u2014 (i) Tribal Areas adjoining Peshawar district ; (ii) Tribal Areas adjoining Kohat district ; (iii) Tribal Areas adjoining Bannu district ; (iv) Tribal Areas adjoining Dera Ismail Khan district ; (v) Bajaur in Malakand Agency; 328 | THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (arr y = eases \u2014 EST (vi) Mohmand Agency ; (vii) Khyber Agency ; (viii) Kurram Agency ; (ix) North Waziristan Agency; and (x) South Waziristan Agency. Administration 247.\u2014(1) Subject to the Constitution, the \u20acXecutive oO rl authority of the Federation shall extend to the Federally . Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein. (2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor Shall, in the exercise of his functions under this Article, comply with such directions. (3) No Act of Parliament shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Parliament or a Provin-", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c165"}}
{"text": "apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Parliament or a Provin- cial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situate, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as_ the Case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifi- cations as may be specified in the direction. _ (4) Notwithstanding anything contained in the Consti- tution, the President may, with respect to any matter within the legislative competence of Parliament, and the Governor py) THE OACETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 39 part A) eee ee 4 Province, with the prior approval of the President, may, of h respect to any matter within the legislative compeiene: x th e Provincial Assembly make regulations for the peace an good government of a Provincially Administered Tribal ee or any part thereol, situated in the Province. (5) Notwithstanding anything contained in the Consti- tution, the President may, with respect to any matter, make regulations for the peace and good government of a Federally Administered Tribal Area or any part thereof, (6) The President may, at any time, by Order, direct that the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c166"}}
{"text": "and good government of a Federally Administered Tribal Area or any part thereof, (6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such inciden- \u2018 al and consequential provisions as appear to the President to be necessary and proper : Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga. (7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation toa Tribal Area, unless Parliament by law otherwise provides : _ . Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day. CHAPTER 4.\u2014GBNERAL ' 248.\u2014 (1) The President, a Governor, the Prime Minis- Protection to \u201ct, @ Federal Minister, a Minister of State, the Chief President, inpaicaes and a Provincial Minister shall not be answerable Minister, etc any court for the exercise of powers and performance of _ n ss . \u00b0 Clions of their respective offices or for any act done or dh 330 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] Legal proceed- ings. = purported to be done in the exercise of those powers and performance of those functions", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c167"}}
{"text": "EXTRA., APRIL 12, 1973 [Parr ] Legal proceed- ings. = purported to be done in the exercise of those powers and performance of those functions : Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province, (2) No criminal proceedings whatsoever shall be ingtj- tuted or continued against the President or a Governor jn any court during his term of office. (3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during - his term of office. (4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims. 249.\u2014(1) Any legal proceedings which, but for the Constitution, could have been brought by or agaiust the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federa- tion and has, under", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c168"}}
{"text": "or agaiust the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federa- tion and has, under the Constitution. become the respons! bility of a Province, shall be brought by or against the pro- vince concerned ; and if any such legal proceedings were pending in any court immediately before the commencing jay then, in Lhose proceedings, for the Federation the Pro- orce concerned shall, as from that day, be deemed to have (2) Any legal proceedings which, but for the Consti- ution, could have been brought by or against a Province in respect of a matter which, immediately before the com- mencing day, was the responsibility of the Province and nas under the Constitution become the responsibility of the Federation, shall be brought by or against the Federation ; \u2018and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted. 250.\u2014(1) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and a member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chair- man and a member of the Senate, the Prime Minister, a Federal Minister, a Minister of State, a Governor, a Chief Minister, a Provincial Minister and the Chief Election Com- missioner.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c169"}}
{"text": "Senate, the Prime Minister, a Federal Minister, a Minister of State, a Governor, a Chief Minister, a Provincial Minister and the Chief Election Com- missioner. (2) Until other provision is made by law,\u2014 (a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member of the National Assembly or a Pro- vincial Assembly, a Federal Minister, a Minister of State, a Governor, a Chief Minister, a Pro- vincial Minister and the Chief Election Com- missioner shall be the same as the salaries, allowances and privileges to which the Presi- dent, the Speaker or Deputy Speaker or mem- ber of' the National Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, a Governor, a Chief Minister, Salaries, allow ances, etc., of the President, etc, 332 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ip wail! ART | National lancuage, a Provincial Minister or, as the case may be Chief Election Commissioner was entitleq\u2019 the mediately before the commencing day; ang mm. (6) the salaries, allowances and privileges of th Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate Shall be such as the President may by Order determine (3) The salary, allowances and privileges of g Person holding office as\u2014 (a) the President; (6) the Chairman or Deputy Chairman : (c) the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly ; ; (z2) a Governor; (e) the Chief Election Commissioner ; or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c170"}}
{"text": "the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly ; ; (z2) a Governor; (e) the Chief Election Commissioner ; or (f) the Auditor-General ; shall not be varied to his disadvantage during his term of office. | (4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary, allowances and privileges as a President but shall not exercise any of the functions of the office of Chairman or Speaker or a member of Parliament or be entitled to salary, allowances or privileges as Chairman, Speaker or such a member. . 251.\u2014(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day. (2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu. PART J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 333 \u2014 (3) Without prejudice to the status of the national nguage, 2 Provincial Assembly may by law prescribe eeegures for the teaching, promotion and use of a provin- sjal language in addition to the national language. 952.\u2014(1) Notwithstanding anything contained in the Constitution or In any law, the President may, by public notification, direct that, for a period not exceeding three \u2018months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c171"}}
{"text": "period not exceeding three \u2018months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a speci- ged major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified \u2018exceptions or modifications. (2) The giving of a direction under this Article in rela- tion to any law shall not affect the operation of the law prior to the date specified in the direction. 253.\u2014(1) Parliament may by law\u2014 (a) prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and (b) declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion, complete or par- tial, of other persons, by the Federal Govern- ment or a Provincial Government, or by a Cor- poration controlled by any such Government. (2). Any law which permits a person to own beneficially Or possess beneficially an area of land greater than that Which, immediately before the commencing day, he could have | : ) j shall be ino ened beneficially or possessed beneficially Special pro- visions in re- lation to major ports and aero- dromes. Maximum limits ag to property, etc. 334 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr Failure to com- ply with re- quirement as to time does not ender an act invalid. Oath of office. Private armies forbidden. Provision rela-", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c172"}}
{"text": "[Parr Failure to com- ply with re- quirement as to time does not ender an act invalid. Oath of office. Private armies forbidden. Provision rela- ting to the State of Jammu and Kashmir. Government of territories out- side Provinces. Awards. = 254. When any act or thing is required by the Con. stitution to be done within a particular period and it js Not done within that period, the doing of the act or thing shal] not be invalid or otherwise ineffective by reason only that it was not done within that period. 255.\u2014(1) An oath required to be made by a Person under the Constitution shall be made in a language that is understood by that person. (2) Where, under the Constitution, an oath is required to be made before a specified person and, for any reason it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person. (3) \u2018Where, under the Constitution, a person is requir- ed to make an oath before he enters upon an Office, he shall be deemed to have entered upon the office on the day on which he makes the oath. 256. No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal. 257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c173"}}
{"text": "257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State. 258. Subject to the Constitution, until Parliament by . law otherwise provides, the President may, by order, make provision for peace and good government of any part of Pakistan not forming part of a Province. _ 259. (1) No citizen shall accept any title, honour of decoration from any foreign State except with the approval of the Federal Government. part I] THE GAZETTE OF PAKISTAN, EXTRA. APRIL 1 \u2014\u2014_ 2, 1973 335 (2) No title, honour or decoration shall be conferred py the Federal Government or any Provincial Government on any citizen, but the President May award decorations in recognition of gallantry or academic distinction, as provided by Federal law. (3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commenc- ing day otherwise than in recognition of gallantry or acade- mic distinction shall stand annulled. CHAPTER 5.\u2014INTBRPRRETATION 260.\u2014 (1) In the Constitution, unless the context other- pefinitions. wise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,\u2014 \u201c Act of Parliament \u201d means an Act passed by Parlia- ment or the National Assembly and assented to, or deemed to have been assented to, by the President ; . \u201c Act of Provincial Assembly \u201d means an Act passed by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c174"}}
{"text": "assented to, or deemed to have been assented to, by the President ; . \u201c Act of Provincial Assembly \u201d means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor; \u201c agricultural income \u201d means agricultural income as defined for the purposes of the law relating to income-tax ; \u201c Article\u201d means Article of the Constitution ; \u201cborrow \u201d includes the raising of money by the grant of annuities, and \u201cloans\u201d shall be construed accordingly ; 330 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Pane y \u2014\u2014\u2014 \u201c Chairman \u201d means the Chairman of the Senate and except in Article 49, includes a person ACting as Chairman of the Senate ; \u2018citizen \u2019 means a citizen of Pakistan as defined by law ; \u201cclause\u201d means clause of the Article in which it OCCUTS ; \u201c corporation tax\u201d means any tax on income that js payable by companies and in respect of which the following conditions apply :\u2014 (a) the tax is not chargeable in respect of agri- cultural income ; (5) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorised to be made from dividends payable by the companies to individuals ; (c) no provision exists for taking the tax so paid into account in computing for the purposes of income-tax the total income of individual receiving such dividends, or in computing the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "49", "domain": "general", "chunk_id": "The Constitution of _c175"}}
{"text": "the tax so paid into account in computing for the purposes of income-tax the total income of individual receiving such dividends, or in computing the income-tax payable by, or refundable to, such individuals : \u201cdebt\u201d includes any Hability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, a \u201cdebt charges\u201d shall be construed accord- ingly ; \u201cestate duty \u201d means a duty assessed on, or by reference to, the value of property passing upon death ; part J] \u2014\u2014 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 337 \u201c existing law\u201d has the same meaning as in clay of Article 268 ; et) \u201c Federal law\u201d means a law made by or under the authority of Parliament; \u201cfinancial year\u201d means a year coinmencing on the first day of July; \u201c goods\u201d includes all materials, commodities and articles ; \u201c Governor\u201d means the Governor of a Province and includes any person for the time being acting as the Governor of a Province; \u201cguarantee\u201d includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount; \u201cHouse\u201d means the Senate or the National Assembly ; \u201cjoint sitting\u2019 means a joint sitting of the two Houses ; \u201cJudge\u201d in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes\u2014 (a) in relation to the Supreme Court, a person who is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "268", "domain": "general", "chunk_id": "The Constitution of _c176"}}
{"text": "or a High Court, includes the Chief Justice of the Court and also includes\u2014 (a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; and (6) in relation to the High Court, a person who is an Additional Judge of the Court: \u201cmembers of the Armed Forces\u201d does not include Persons who are not, for the time being, subject to any law relating to the members of the Armed Forces ; 338 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr ] \u2014\u2014\u2014_ > ~ \u201cnet proceeds\u201d means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the Auditor-General ; \u201coath \u201d includes affirmation ; \u201cPart\u201d? means Part of the Constitution ; \u201cpension\u201d means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any : sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund; \u201c person \u201d includes any body politic or corporate ; \u2018President\u2019 means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commenc- ing day, the President under the Interim Con- stitution of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c177"}}
{"text": "and, as respects anything required to be done under the Constitution before the commenc- ing day, the President under the Interim Con- stitution of the Islamic Republic of Pakistan ; \u201c property \u201d includes any right, title or interest in property, movable or immovable, and any means and instruments of production ; _\u201c Provincial law\u201d means a law made by or under the authority of the Provincial Assembly ; \u201cTemuneration\u201d includes salary and pension; \u2018 Schedule \u201d means Schedule to the Constitution ; \u201c security of Pakistan\u201d includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such; part] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 a en 339 \u2014 \u00abservice of Pakistan\u201d means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All- Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of Parliament or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister or member of a House or a Provincial Assembly ; \u201cSpeaker\u201d means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly ; , \u201ctaxation\u201d includes the imposition of any tax or duty, whether general, local or special, and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c178"}}
{"text": "person acting as the Speaker of the Assembly ; , \u201ctaxation\u201d includes the imposition of any tax or duty, whether general, local or special, and \u201ctax \u2019\u2019 shall be construed accordingly ; \u201ctax on income\u201d includes a tax in the nature of an excess profits tax or a business profits tax. ee _ (2) In the Constitution \u201cAct of Parliament\u201d or Federal law\u201d or \u201c Act of Provincial Assembly \u201d or \u201c Pro- vincial law\u201d shall include an Ordinance promulgated by the President or, as the case may be, a Governor. 261. For the purposes of the Constitution, a person Person acting in 7 0 acts in an office shall not be regarded as the successor office not to 0 the person who held that office before him or as the pre- be regarded as \u201ccessor to the person who holds that office after him. ~ successor to pre- vious occupant ef office, etc. 349 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr } \u2014=== \u2014\u2014\u2014 ; the Constitution, periods Gregorian calen- 262. For the purposes of 1, of dar - be used. time shall be reckoned according to the Gregorian calenday 263. In the Constitution,\u2014 Gender and number: (a) words importing the masculine gender shall be taken to include females; and (b) words in the singular shall include the plural, and words in the plural shall include the singular. Effect of repeal 264. Where a law is repealed, or is deemed to have of laws. been repealed, by,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c179"}}
{"text": "the plural shall include the singular. Effect of repeal 264. Where a law is repealed, or is deemed to have of laws. been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution,\u2014 (a) revive anything not in force or existing at the time at which the repeal takes effect ; (b) affect the previous operation of the law or any- thing duly done or suffered under the law; (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law ; (d) affect any penalty, forfeiture or punishment % incurred in respect of any offence committed against the law; or (e) affect any investigation, legal proceeding oF remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture 0! punishment ; and any such investigation, legal proceeding or remed} may be instituted, continued or enforced, and any sucl penalty, forfeiture or punishment may be imposed, as if th law had not been repealed. once THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12 1973 \u2014\u2014\u2014ororr _ CHAPTER 6.\u2014TITLE, COMMENCEMENT AND REPRAL 34] 265. \u2014(1) This Constitution shall be known as the Cons- 7: . ution of the Islamic Republic of Pakistan. the eat (2) Subject to clauses (3) and (4), the Constitution shall 7 \u2122\u2122nce\u2122e\u2122- come into force on the fourteenth day of August, one thousand nine hundred and seventy-three or on such earlier day as the President may. by notification in the official Gazette, appoint, in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c180"}}
{"text": "of August, one thousand nine hundred and seventy-three or on such earlier day as the President may. by notification in the official Gazette, appoint, in the Constitution referred to as the . \u201ccommencing day \u201d. (3) The Constitution shall. to the extent necessary\u2014 tit (a) for the constitution of the first Senate ; \u2019 (b) for the first meeting of a House or a joint sitting to be held ; .(c) for the election of the President and the Prime Minister to be held; and (dz). to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day, * ~ come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day. (4) Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any court or office, or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provision, then that power may be exercised at any time between the \u2018nactment of the Constitution and its commencement. 266. The Interim Constitution of the Islamic Republic Repeal, of Pakistan, together with the Acts and President\u2019s", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c181"}}
{"text": "the \u2018nactment of the Constitution and its commencement. 266. The Interim Constitution of the Islamic Republic Repeal, of Pakistan, together with the Acts and President\u2019s Orders making omissions from, additions to, modifications of, or amendments in, that Constitution is hereby repealed. 342 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr } \u2014__>pap>!(=E]=\u2014]EL eee = \u2014==. Power of Presi- dent to remove difficulties. Continuance in force, and ad- aptation of, certain laws. CHAPTER 7.\u2014TRANSITIONAL 267.\u2014(1) At any time before the commencing day o, before the expiration of three months from the COMMENCing day, the President may, for the purpose of removing any difficulties, or for bringing the provisions of the Constity. tion into effective operation, by Order, direct that the provisions of the Constitution shall, during such period aig may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient. (2) An Order made under clause (1) shall be laid beforg both Houses without undue delay, and shall remaip in force until a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting, 268.\u2014(1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature. (2) The laws specified in the Sixth", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c182"}}
{"text": "so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature. (2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended without the previous sanction of the President. (3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Cons- titution (other than Part IT of the Constitution), the Presi- dent may by Order, within a period of two years from the commencing day, make such adaptations, whether by way of modification addition or omission, as he may deem to be necessary or expedient, and any such Order may be made #0 as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order. part J] THE GAZETTE OF PAKISTAN, = \u2014 EXTRA., APRIL 12, 1973 343 \u2014_\u2014_\u2014_\u2014\u2014 \u2014 SSS (4) The President may authorise province to exercise, in relation to the P conferred on the President by clause (3 relating fo matters with respect to w Assembly has power to make laws. the Governor of a Tovince, the powers ) in respect of laws hich the Provincial (5) The powers exercisab] shall be subject to the provision Legislature. \u20ac under clauses (3) and (4) S of an Act of the appropriate (6) Any court, tribunal or authority required or em- powered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c183"}}
{"text": "court, tribunal or authority required or em- powered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution. (7) In this Article, \u201c existing laws\u201d means all laws (including Ordinances, Orders-in-Council, Orders, rules, bye- laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments hav- ing the force of law) in force in Pakistan or any part thereof, or having extra-territorial validity, immediately before the commencing day. Explanation \u2014tIn this Article, \u201cin force\u201d, in relation to any law, means having effect as law whether or not the law has been brought into operation. _ 269.\u2014(1) All Proclamations, President\u2019s Orders, Mar- Validation of al Law Regulations, Martial Law Orders and all other laws, acts, etc. laws made between the twentieth day of December, one Ousand nine hundred and seventy-one and the twentieth ay of April, one thousand nine hundred and seventy-two (both days inclusive), are hereby declared, notwithstanding any judgment of any court, to have been validly made by Competent authority and shall not be called in question in any court on any ground whatsoever. 324 THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 [Pary ] Temporary validation of certain laws, etc, a (2) All orders made, proceedings taken and acts e by any authority, or by any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c184"}}
{"text": "1973 [Pary ] Temporary validation of certain laws, etc, a (2) All orders made, proceedings taken and acts e by any authority, or by any person, which were Made taken or done, or purported to have been made, taken op done, between the twentieth day of December, one thousang nine hundred and seventy-one, and the twentieth day 9 April. one thousand nine hundred and seventy-two (both days inclusive), in exercise of the powers derived from any President\u2019s Orders, Martial Law Regulations. Martial Law Orders, enactments, notifications, rules, orders or bye-laws or in execution of any orders made or sentences passeq by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made. taken or done and shall not be called ip question in any court on any ground whatsoever. (3) No suit or other legal proceedings shall lie in any court against any authority or any person for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. 270.\u2014(1) Parliament may by law made in the manner prescribed for legislation for a matter in Part I of the Federal Legislative List validate all Proclamations, Presi- dent\u2019s Orders, Martial Law", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c185"}}
{"text": "in the manner prescribed for legislation for a matter in Part I of the Federal Legislative List validate all Proclamations, Presi- dent\u2019s Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty-fifth Gay of March, one thousand nine hundred and sixty-nine, and the nineteenth day of December. one thousand nine hundred and seventy-one (both days inclusive). (2) Notwithstanding a judgment of any court, a law made by Parliament under clause (1) shall not be questioned Im any court on any ground, whatsoever. (3) Notwithstanding the provisions of clause (1), anda judgment of any court to the contrary. for a period of two years from the commencing day, the validity of all such part I] \u2014\u2014\u2014\u2014 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 345 instruments as are referred to in clause (1) shall not pe called in question before any court on any ground what- soevel. (4) All orders made, proceedings taken, and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or done, between the twenty-fifth day of March, one thousand nine hundred and sixty-nine, and nineteenth day of December, one thousand nine hundred and seventy-one (both days _jnclusive), in exercise of powers derived from any Presi- dent\u2019s Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws, or in execution of any order made or sentence passed by . any authority in the exercise or purported exercise of power", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c186"}}
{"text": "orders or bye-laws, or in execution of any order made or sentence passed by . any authority in the exercise or purported exercise of power as aforesaid shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by Parliament at any time within a period of two years from the commencing day by resolution of both Houses, or in case of disagree- ment between the two Houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground, whatsoever. 271.\u2014(1) Notwithstanding anything contained in the Constitution, but subject to Article 64 and Article 223,\u2014 (a) (b) the first National Assembly shall consist of persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day and unless sooner dissolved, shall continue till the fourteenth day First National Assembly. of August, one thousand nine hundred and ~ seventy-seven, and reference to \u201ctotal member- ship \u201d of the National Assembly in the Constitu- tion shall be construed accordingly ; and the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of _ 346 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 ; [Parr } \u2014\u2014_\u2014. First Senate, eC members filling casual vacancies after the com. mencing day, be the same as under the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "64", "domain": "general", "chunk_id": "The Constitution of _c187"}}
{"text": "APRIL 12, 1973 ; [Parr } \u2014\u2014_\u2014. First Senate, eC members filling casual vacancies after the com. mencing day, be the same as under the Intwrim Constitution of the Islamic Republic of Pakistan : . Provided that no person holding an office of profit ip the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day. (2) If a person referred to in paragraph (a) of clause . (1) is, immediately before the commencing day, also a mem- ber of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats. (3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "65", "domain": "general", "chunk_id": "The Constitution of _c188"}}
{"text": "Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within. twenty-one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period. 272. \u2014(1) Notwithstanding anything contained in the Constitution, but subject to Article 223,\u2014 (a) the Senate shall. util the first National Assembly under the Constitution continues in existence, PART I] \u2014=\u2014 (b) (c) (d) (e) (f) (g) ==. besos THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 347 \u2014\u2014\u2014\u2014\u2014\u2014\u2014 \u2014 \u2014_\u2014_\u2014_\u2014 consist of forty-five members and the isi of Article 59 shall have effect as if, in pardaranh (a) of clause (1) thereof, for the word \u201c fourteen \u201d the word \u201cten\u201d, and in paragraph (b) of that clause for the word \u201cfive\u201d the word \u00ab three \u201d were substituted, and reference to \u201c total mem- bership \u201d of the Senate in the Constitution shall be construed accordingly ; the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province, one member from the said Areas and one member from the Federal Capital ; the term of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "65", "domain": "general", "chunk_id": "The Constitution of _c189"}}
{"text": "group consisting of five members from each Province, one member from the said Areas and one member from the Federal Capital ; the term of office of members of the first group and of the second group shall respectively be two years and four years; the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years , the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill; as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from each Province and two additional members from the Federally Administered Tribal Areas; and the term of office of such half of the members elected under paragraph (f) as may be determin- ed by drawing of lots shall be the unexpired term of office of the members of the first group \u2014\u2014 348 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ; [Parr } _= Pn and the term of office of the other half shal) be the unexpired term of the members of the Second group. First Provincial 273.\u2014(1) Notwithstanding anything contained in th, Assembly, Constitution, but subject to Article 64 and Article 223 \u2014 (a) the first Assembly of a Province under the Constitution shall consist of the members of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "64", "domain": "general", "chunk_id": "The Constitution of _c190"}}
{"text": "but subject to Article 64 and Article 223 \u2014 (a) the first Assembly of a Province under the Constitution shall consist of the members of the Assembly of that Province in existence immediately before the commencing day ang unless sooner dissolved, shall, continue until the fourteenth day of August, one thousand nine hundred and seventy-seven, and reference to \u201ctotal membership\u201d of the Assembly of 4 Province in the Constitution shall be construe\u00a2 accordingly; and | (b) the qualifications and disqualifications for mem- bership of the first Assembly of a Province shall, except in case of members filling casual vacancies after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan : Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the com- mencing day. _ (2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commenc- ing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (3) A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "64", "domain": "general", "chunk_id": "The Constitution of _c191"}}
{"text": "decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has part 1] a THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 349 e the oath prescribed by Article 65 read With Article 12 ma if, without leave of the Speaker of the Provincial anted on reasonable cause shown, he fails to ake the oath within twenty-one days from the day of the first meeting of the Provincial Assembly, his seat shall hecome vacant at the expiration of that period. 774.\u2014(1) All property and assets which, immediatel pefore the commencing day, were vested in the President or the Federal Government shall, as from that day. vest in the Federal Government unless they were used for \u2014 purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province. \u2018 (2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government. (3) All rights, liabilities and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "65", "domain": "general", "chunk_id": "The Constitution of _c192"}}
{"text": "became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government. (3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province. whether arising out. of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the Federal Government or of the Government of the Province, except that\u2014 (a) (b) all rights, liabilities and obligations relating to any matter which, immediately before that day, - was the responsibility of the Federal Govern- ment, but which under the Constitution. has become the responsibility of the Government of a Province. shall devolve upon the Government of that Province; and \u00a9 all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of the Federal Govern- y Vesting of pro- perty, assets, rights, liabilities and obligations. 350 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 (Parr } Continuance in office of persons in service of Pakistan, etc. a \u2014_\u2014 ment, shall devolve upon the Federal Govern. ment. 275.\u2014(1) Subject to the Constitution and until law j, made under Article 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "240", "domain": "general", "chunk_id": "The Constitution of _c193"}}
{"text": "Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan immediately before that day. (2) Clause (1) shall also apply in relation to a person\u2019 holding office immediately before the commencing day as\u2014 (a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court ; \u2018 (b) Governor of a Province; (c) Chief Minister of a Province; (dq) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly ; (e) Chief Election Commissioner ; (f/ Attorney-General for Pakistan or Advocate- Gerenal for a Province ; (eg) Auditor-General of Pakistan. (3) Notwithstanding anything contained in the Constitu- tion, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of Parliament or, as the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote. _ (4) Any person who, under this Article, is continued in an office in respect of which", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c194"}}
{"text": "virtue of this clause be entitled to vote. _ (4) Any person who, under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day, make before the appropriate person oath in that form. part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12. 1973 351 = \u2014 (5) Subject to the Constitution and law\u2014 (a) all civil, criminal and revenue courts exercisin jurisdiction and functions immediately before the commencing day shall, as from that day continue to exercise their respective jurisdictions and functions ; and (b) all authorities and all officers (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions. 776. Notwithstanding anything contained in the Cons- Oath of first titution, the first President may, in the absence of the Chief President. Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly. 277,\u2014(1) The schedule of authorized expenditure Transitional authenticated by the President for the financial year ending financial pro- on the thirtieth day of June, one thousand nine hundred \u2018*!\u00b0\" and-seventy-four, shall continue to remain a valid authority for expenditure from the Federal Consolidated Fund for that year. (2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "42", "domain": "general", "chunk_id": "The Constitution of _c195"}}
{"text": "(2) The President may, in respect of expenditure of the Federal Government for any financial year preceding the financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), autho- tize the withdrawal of moneys from the Federal Consoli- dated Fund. (3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for that purpose\u2014 (a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province ; 352 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Parr ] Accounts not audited before commencing day. Continuance of taxes. Continuance of Proclamation of Emergency. \u2014=\u2014 \u2014=: \u2014\u2014 (b) any reference in those provisions to the Federa] Government shall be read as a reference to the Government of the Province; and (c) any reference in those provisions to the Federa| Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province. 278. The Auditor-General shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifi- \u2018 cations, apply accordingly. ; 279, Notwithstanding anything contained in the Cons- titution, all taxes and fees levied under any law", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "171", "domain": "general", "chunk_id": "The Constitution of _c196"}}
{"text": "with the necessary modifi- \u2018 cations, apply accordingly. ; 279, Notwithstanding anything contained in the Cons- titution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by Act of the appropriate Legislature. 280. The Proclamation of Emergency issued on the twenty-third day of November, one thousand nine hundred and seventy-one, shall be deemed to: be a Proclamation of Emergency issued under Article 232, and for the purposes of clause (7) and clause (8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Procla- mation shall be deemed to have been validly made. part Il THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 353 \u2014\u2014\u2014\u2014\u2014 FIRST SCHEDULE LArticle 8 (3) (b)] Laws exemipied from operation of Article 8 (1) and (2) I. PRESIDENT\u2019S ORDERS 1, The Minerals (Acquisition and Transfer) Order, 1961 (P.O. No. 8 of 1961). 2. The Acceding State (Property) Order, 1961 (P.O. No. 12 of 1961). 3. The Economic Reforms Order, 1972 (P.O. No. 1 of 1972). 4. The Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No. 2 of 1972). 5. The Co-operative Societies (Reforms) Order, 1972 (P.O. No. 9 of 1972). 6. The Life Insurance (Nationalisation) Order, 1972 (P.O. No. 10 of 1972). 7. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No. 14 of 1972). 8. The Rulers of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "232", "domain": "general", "chunk_id": "The Constitution of _c197"}}
{"text": "(Nationalisation) Order, 1972 (P.O. No. 10 of 1972). 7. The Martial Law (Pending Proceedings) Order, 1972 (P.O. No. 14 of 1972). 8. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P.O. No. 15 of 1972). . 9. The Industrial Sanctions and Licences (Cancella- tion) Order, 1972 (P.O. No. 16 of 1972). 10. The Criminal Law Amendment (Special Court) Order, 1972 (P.O. No. 20 of 1972). II. REGULATIONS 1956\" Rawalpindi (Requisition of Property) Regulation, 354 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [PART ] \u2014_ ne, a 2. The Pakistan Capital Regulation, 1960. 3. The Scrutiny of Claims (Evacuee Property) Regula. lion, 1961. 4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969. 5. The Improper Acquisition of Property Regulation, 1969. 6. The Removal from Service (Special Provisions) Regulation, 1969. 7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969. 8. The Government Agricultural Land (Recovery of Mlegal Possession) Regulation, 1969. 9. The Enemy Property (Payment of Money Due to enemy) Regulation, 1970. 10. The Withdrawal of Currency Notes (High Deno- mination) Regulation, 1971. ll. The Price of Evacuee Property and Public Due; (Recovery) Regulation, 1971. 12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971. 13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971. ft THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 355 14. The Foreign Exchange Repatriation Regulation, 1972. | 15. The Foreign Assets (Declaration) Regulation, 1972. 16. The Removal front Civil Service (Special Pro-", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c198"}}
{"text": "1973 355 14. The Foreign Exchange Repatriation Regulation, 1972. | 15. The Foreign Assets (Declaration) Regulation, 1972. 16. The Removal front Civil Service (Special Pro- visions) Regulation, 1972. 17. The Land Reforms Regulation, 1972. 18. The Removal from Service (Review Petition) Regulation, 1972. 19. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972. 20. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972. 21. The Enemy Property (Revocation of Sales) Regu- lation, 1972. 22. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972. 23. The Dir and Swat (Settlement of Disputes of Im- movable Property) Regulation, 1972. 24. The West Pakistan Industrial Development Cor- Pen (Revocation of Sale or Transfer) Regulation, 25. The Economic Reforms (Protection of Industries) Regulation, 1972. .) 356 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014-- - (Par; a aw 26. Lhe National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972. 27. The Co-operative Banks (Repayment of Loans) (Punjabd) Regulation, 1972. 28. The Co-operative Societies (Repayment of Loans) (sind) Regulation, 1972. Ifi. ORDINANCES PROMULGATED BY THE PRESIDENT 1. The Control of Shipping Ordinance, 1959 (XLII of 1959). 2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (II of 1961). 3. The Muslim Family Laws Ordinance, 1961 (VII of 1961). 4. The Security of Pakistan (Amendment) Ordinance: 1961 (XIV of 1961). 5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961). 6. The Trade Organisations Ordinance, 1961 (XLV of 1961). \u2014 cee ise IV. FEDERAL Act", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c199"}}
{"text": "Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961). 6. The Trade Organisations Ordinance, 1961 (XLV of 1961). \u2014 cee ise IV. FEDERAL Act The Censorship of Films Act, 1963 (XVIII of 1963). YV. ORDINANCES PROMULGATED BY THE GOVERNOR OF FORMER PROVINCB OF WEST PAKISTAN 1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P. Ordinance No. XI of 1960). THE GAZETTE OF PAKISTAN, EX\u2019RA., APRIL 12, 1973 357 _\u2014\u2014 PART if] 2. The West Pakistan Wakf Properties Ordinanc 1961 (W.P. Ordinance No. XXVIII of 1961). es Ordinance, 3, The Societies Registration (West Pakistan Amend- ment) Ordinance, 1962 (W.P. Ordinance No. IX nd- 1962). 4. The West Pakistan Industries (Control on Establish- ment and Enlargement) Ordinance, 1963 (W.P. Ordinance No. IV of 1963). VI. ORDINANCES PROMULGATED BY THB GOVERNOR OF THE NORTH-WEST FRONTIER PROVINCE 1. The North-West Frontier Province Govern- ment Educational and Training Institutions Ordi- nance, 1971 (N-W.F.P. Ordinance No. III of 1971). 2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention of Specula- tion in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. V of 1971). 3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. VII of 71). 358 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr | . _ SS SECOND SCHEDULE [Article 41 (3)] Election of President l. The Chief Election Commissioner (hereinafter re. ferred to as the Commissioner) shall hold and conduct election to the office of President", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "41", "domain": "general", "chunk_id": "The Constitution of _c200"}}
{"text": "Election of President l. The Chief Election Commissioner (hereinafter re. ferred to as the Commissioner) shall hold and conduct election to the office of President and shall be the Re. turning Officer for the selection. 2. The Commissioner shall, by notification in the official Gazette, fix\u2014 (a) the date, time and place for nomination. of , candidates, and for scrutiny of nomination papers; (6) the final date for withdrawal of candidature : and (c) the date, time and place for taking of poll. 3. At any time before noon on the day fixed for nomi- nation, any member of either House may nominate for clection as President a person qualified for election as Presi- dent by delivering to the Commissioner, or in his absence to the Secretary to the Election Commission, a nomination paper signed by himself as proposer and another member of either House as seconder, together with a statement signed by the person nominated that he consents to the nomination; provided that no person shall subscribe, whether as proposer or seconder, more than one nomina- tion paper at any one election, and if any person subscribes more than one nomination paper, whether as proposer or as seconder, all the nomination papers so subscribed shall be invalid. 4. Scrutiny of nomination papers shall be conducted by the Commissioner at the place and time and on the date fixed for the purpose. part I] 359 \u2014\u2014\u2014\u2014SS\u2014\u2014=== 5. Each candidate, or his authorised : , : agent, entitled to attend the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c201"}}
{"text": "on the date fixed for the purpose. part I] 359 \u2014\u2014\u2014\u2014SS\u2014\u2014=== 5. Each candidate, or his authorised : , : agent, entitled to attend the proceedings for Scotty of none nation papers and to raise objections in respect of nomi- nation papers of other candidates. THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 6. A candidate whose nomination found to be in order may withdraw his candifature at on time before noon on the last day fixed for the purpose b delivering a notice in writing under his hand to the Com. missioner, or in his absence to the Secretary to the Election Commission, at the place where the nomination paper was received. 7. If all but one of the candidates have withdrawn, that one shall be declared by the Commissioner to be elected. 8. If no validly nominated candidate remains in the field after withdrawals have taken place, all the pro- ceedings in relation to the election shall commence afresh. 9, If a validly nominated candidate who has not with- drawn his candidature dies before the commencement of the poll, the Commissioner shall countermand the poll and all proceedings in relation to the election shall commence in all respects as if for a new election : Provided that no fresh nomination shall be necessary in the case of a person whose nomination was valid at the time of the countermanding of the poll : Provided further that no person who had withdrawn his candidature before the countermanding of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c202"}}
{"text": "at the time of the countermanding of the poll : Provided further that no person who had withdrawn his candidature before the countermanding of the poh shall be ineligible for being nominated as a candidate for the election after such countermanding. 10. If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left in the 360 [PART. ] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014\u2014\u2014\u2014\u2014\u2014\u2014_==_ \u2014\u2014\u2014 == ee field, the Commissioner shall, by public notification, announce\u2019 forthwith the names of the candidates as validly nominated candidates and shall proceed to hold a poll in accordance with the provisions of the succeeding paragraphs of this Schedule. \u2014\u2014\u2014\u2014\u2014\u2014 11. On the request of the Commissioner, the Speaker shall suramon Parliament to meet in a joint sittmmg at the place and time and on the date fixed for the purpose of taking of poll. 12. The Commissioner shall appoint a Presiding Officer to conduct the poll. 13. The poll shall be by secret ballot. 14. The Commissioner shall furnish the Presiding Officer with a complete list of members of both Houses (each such member being hereinafter referred to as \u201c voter\u2019) entitled to vote at the poll. 15. The ballot papers, with their counterfoils, shall be bound in the form of a book. Serial numbers shall appear only on the counterfoils. Ballot papers so bound shall be sent to the Presiding Officer. 16. Every ballot paper shall bear the names of all the vaudly", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c203"}}
{"text": "the counterfoils. Ballot papers so bound shall be sent to the Presiding Officer. 16. Every ballot paper shall bear the names of all the vaudly nominated candidates in alphabetical order. A ballot paper, authenticated by the initials of the Presiding Officer, shall be issued by the Presiding Officer to a voter upon due identification and the name of the voter to whom the ballot paper is issued shall be noted on the counterfoil. The voter shall exercise his vote by lacing a cross-mark against. the name of the candidate or whom he wishes: to vote. 17, The ballot paper having been marked by the voter shall be inserted by that voter in a ballot box placed in front of the Presiding Officer. 5 os TBE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 \u2014_\u2014 \u2014\u2014\u2014_\u2014 18. If a ballot paper is spoiled by a voter, bh return it to the Presiding Officer who shall issue 40 ie voter a second ballot paper afier cancelling the first paper and marking the cancellation at the appropriate counter- fou. 19. A ballot paper shall be invalid if \u2014 (i) there appears on it any writing or mark which the voter may be identified > or ~~\" (ii) it does not bear the initials of the Presidi Officer ; or e Presiding (iii) it does not contain a cross-mark against the name of any candidate ; or (iv) a cross-mark is placed against the names of two or more candidates; or (vy) there is any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c204"}}
{"text": "the name of any candidate ; or (iv) a cross-mark is placed against the names of two or more candidates; or (vy) there is any uncertainty as to the candidate against whose name the cross-mark is placed. 20. After the close of the poll, the Presiding Officer shall, in the presence of such of the candidates or their authorised agents as may desire to be present, open and empty the ballot box, count the number of votes recorded for each candidate and transmit the ballot papers, together with a covering note giving the count of ballot papers, to the Commissioner. 21. The Commissioner shall, in the presence of such of the candidates or their authorised agents as may desire to be present, examine the ballot papers, rejecting any which are invalid, and count the number of votes recorded for each candidate. 22. If there are only two candidates, the candidate who has secured the larger number of votes shall be declared by the Commissioner to be elected. 362 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, i973 [Part [ ee 23. If there are three or more candidates and one of them has secured a larger number of votes than the ageregate number of votes secured by the rest of the candidates, he shall be declared by the Commissioner to be elected. , 24. If there are three or more candidates and no candidate has secured the number of votes specified in the last preceding paragraph, a fresh poll shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c205"}}
{"text": "are three or more candidates and no candidate has secured the number of votes specified in the last preceding paragraph, a fresh poll shall be held in accordance with the preceding provisions of this Schedule, at which the candidate who secured the smallest number of votes at the last poll shall be eliminated, and the process shall be repeated until one candidate secures more votes than the remaining candidate or the aggregate votes of the remaining candidates. 25. When determined, the result of election shall forthwith be reported by the Commissioner to the Federal Government who shall forthwith cause it to be notified in the official Gazette. 26. The Commissioner with the approval of the President may, by notification in the official Gazette, make rules for carrying out the purposes of this Schedule. eat rT THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 363 a THIRD SCHEDULE Oaths of Offfice PRESIDENT [ Article 42] ts s 3 108 \\* l\u2014 -\u2014\u2014\u2014\u2014~, do solemnly swear that Iam a Muslim and believe in the Unity and Oneness of Almi Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah : That I will bear true faith and allegiance to Pakistan : That, as President of Pakistan, I will discharge my", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "42", "domain": "general", "chunk_id": "The Constitution of _c206"}}
{"text": "Holy Quran and Sunnah : That I will bear true faith and allegiance to Pakistan : That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Con- stitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, in- tegrity, solidarity, well-being and prosperity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation cf Pakistan : That I will not allow my personal interest to influence _ my official conduct or my official decisions : That I will preserve, protect and defend the Con- stitution of the islamic Republic of Pakistan ; That, in all circumstances, 1 will do right to all manner of people, according to law. without fear or favour, affection or ill-will: 364 f THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [ary ==. at | will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known 0. Me as President of Pakistan, except as may be required for the due discharge of my duties as President. PrimMs MINISTER [ Article 91 (4)]1 sy a Dy 23 I, , do solemnly swear that I ama Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "91", "domain": "general", "chunk_id": "The Constitution of _c207"}}
{"text": "and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements-and teachings of the Holy Quran and Sunnah : That I will bear true faith and allegiance to Pakistan : That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Con- stitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions ;_ _That I will preserve, protect and defend the Con- - stitution of the Islamic Republic of Pakistan t agit T THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 365 a eee That, in ali circumstances, | will do right to all manner of people, according to law, without fear or favour affection or ul-will : And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c208"}}
{"text": "or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister, except as may be required for the due discharge of my duties as Prime Minister. FEDERAL MINISTER OR MINISTER OF STATE [ Article 92 (2) : \u2014s do solemnly swear that 1 will bear true faith and allegiane to Pakistan : That, as Federal Minister (or Minister of State) ; I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accord- ance with the? Constituiion of the Islamic Republic of Pakistan and the law. and always in the interest of the sovereignty, integrity, solidarity, well-being and pros- perity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence . my official conduct or my official decisions : _That I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan : That, in all circumstances, I will do right to all man- ner of people, according to law, without fear or favour, affection or ill-will : 366 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 [Pane | \u2014 eT bat 1 will not directly or indirectly communicate or ealto any person any matter which shall be brought under my consideration or shall become known to me as Federal Minister (or Minister", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "92", "domain": "general", "chunk_id": "The Constitution of _c209"}}
{"text": "communicate or ealto any person any matter which shall be brought under my consideration or shall become known to me as Federal Minister (or Minister of State), except as may be required for the due discharge of my duties as Federal Minister ( or Minister of State), or as may be specially permitted by the Prime Minister. SPEAKER OF NATIONAL ASSEMBLY OR CHAIRMAN OF SEBNATB [Articles 53 (2) and 61] L \u00bb do solemnly swear that I will bear true faith and allegiance to Pak- istan ! That, as Speaker of the National Assembly (or Chairman of the Senate) and whenever I am called upon to act as President of Pakistan, I will dis- charge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan, the law and as Speaker of the National Assembly in ac- cordance with the rules of the Assembly (or as Chair- man of the Senate in accordance with the rules of the Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pak- - istan ! That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan ; part J] THE GAZETTE OF", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c210"}}
{"text": "official decisions : That I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan ; part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 367 ne ' And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. DEPUTY SPEAKER OF NATIONAL ASSEMBLY OR DBPUTY CHAIRMAN [Articles 53 (2) and 61} I, : ; , do solemnly swear that I will bear true faith and allegiance to Pak- istan : That, whenever J am called upon to act as Speaker of the National Assembly (or Chairman of the Senate), Iwill discharge my duties and perform my functions honestly, to the\u2018 best of my ability, faithfully, in accord- ance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan: That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Consti- tution of the Islamic Republic of Pakistan : And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. 368 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part |", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c211"}}
{"text": "all manner of people, according to law, without fear or favour, affection or ill-will. 368 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Part | Mpmper or NATIONAL ASSE [Article 65] I , do solemnly swear that I will bear true faith and allegiance to Pak- istan : That as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in ac- cordance with the Constitution of the Islamic Re- public of Pakistan and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and pros- perity of Pakistan: That 1 will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : And that I will preserve, protect and defend the Constitution of the Islamic \u201cRepublic of Pakistan. GOVERNOR OF PROVINCE [Article 102] 1, , do solemnly swear that I will bear true faith and allegiance to Pakistan . _ That, as the Governor of the Province of { will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovercignty, integrity, solidarity, well-being and prosperity of Pak- istan : MBLY OR MBMBER OF SENATE part] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 \u2014\u2014ooo ae 369 That 1 will strive to preserve the Islamic which", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "65", "domain": "general", "chunk_id": "The Constitution of _c212"}}
{"text": "OR MBMBER OF SENATE part] THE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 \u2014\u2014ooo ae 369 That 1 will strive to preserve the Islamic which is the basis for the creation of Pakistan cology . \u2019 That 1 will not allow my personal interest to influence my official conduct or my official decisions - That 1 will preserve, protect and defend the Cons- ' titution of the Islamic Republic of Pakistan : That, in all circumstances, | will do right to all manner of people, according to law, without fear or favour, affection or ul-will : And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of the Province of .................. except as may be required for the due discharge of my duties as Governor. CHIEF MINISTER OR PROVINCIAL MINISTER [Articles 131 (4) and 132 (2)] I, , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as a Chief Minister (or Minister) of the Govern ment of the Province Of..............cccceeeee eee I will discharge my duties and perform my functions honestly, to the best of my ability, faithfully in accordance with the Constitu- tion of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity Well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic ideology Which is the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c213"}}
{"text": "interest of the sovereignty, integrity, solidarity Well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic ideology Which is the basis for the creation of Pakistan : 370 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 ; UPart | ee \u2014 a ee __ \u2014 soo That 1 will not allow my personal interest to influence my official conduct or my official decisions : That 1 will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan - That, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affec- tion or ill-will And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chief Minister (or Minister) except as may be required for the due discharge of my duties as Chief Minister (or Minis- ter or as may be specially permitted by the Chief Minister). SPRAKER OF A PROVINCIAL ASSEMBLY [Articles 53 (2) and 127) L , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as Speaker of the Provincial Assembly of the FTOVINCE Of........ceceeeeeeeeeeeeeees , 1 will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c214"}}
{"text": "ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan : _ That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : That I will not allow my personal interest to influence my official conduct or my official decisions : viet THE GAZETIE OF PAKISTAN, EXTRA. APRIL 12, 1973 37] a, a That 1 will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan : onstitu And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. , meee See DEPUTY SPEAKER OF A PROVINCIAL ASSEMBLY [Articles 53 (2) and 127] I, \u2014, do solemnly swear that I will bear true faith and allegiance to Pakistan : That, whenever I am called upon to act as Speaker of the Provincial Assembly of the Province of............... , I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : ;", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c215"}}
{"text": "and prosperity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : ; That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan : And that, in all circumstances, I will do right to al) manner of people, according to law, without fear or favour, affection or ill-will. | ee [Parr | 372 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 \u2014== MBMBER OF A PROVINCIAL ASSEMBLY [Articles 65 and 127] J , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as a member of the Provincial Assembly of...... cemaewes vemnsaend , 1 will perform my functions honestly, to the best of my ability, faithfully in accordance with the Con- stitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and pros- perity of Pakistan : That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan : \u2018And that I will preserve, protect and defend the Con- stitution of the Islamic Republic of Pakistan. AUDITOR-GBNERAL OF PAKISTAN - [Article 168 (2)] I, \u2014\u2014 : , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as Auditor-General of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "168", "domain": "general", "chunk_id": "The Constitution of _c216"}}
{"text": "[Article 168 (2)] I, \u2014\u2014 : , do solemnly swear that I will bear true faith and allegiance to Pakistan : That, as Auditor-General of Pakistan, I will discharge my duties and perform my functions honestly, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law and to the best of my knowledge, ability and judgment, without fear or favour, affection of ill-will, and that IT will not allow my personal interest to influence my official conduct or my official decisions. i art VJ THE GAZETTE OF PAKISTAN, EXTRA., AFRIL' 12 on | :_\u2014_\u2014_ Sos \u2014 a\u2014\u2014\u00ab~ Ls CHIEF JUSTICE OF PAKISTAN OR OF A Hic GH Co OR JUDGE OF THE SUPREME CouRT wet OR A HIGH Court [Articles 178 and 194] I, , do solemnly swear th | true faith and allegiance to Pakistan at T will bear That, as Chief Justice of Pakistan (or a Judge o Supreme Court of Pakistan or Chief Justice or a Fudge of the High Court for the Province or Provinces of...........) I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accord- ance with the Constitution of the Islamic Republic of Pakistan and the law : a re aer That I will abide by the code of conduct issued by the Supreme Judicial Council : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "168", "domain": "general", "chunk_id": "The Constitution of _c217"}}
{"text": "Judicial Council : That I will not allow my personal interest to influence my official conduct or my official decisions : That I will preserve, protect and defend the Constitu- tion of the Islamic Republic of Pakistan : And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will. CHIEF ELECTION COMMISSIONER [Article 214] | I, , do solemnly swear that as Chief Election Commissioner I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and without fear or 373 i a 374 THE GAZETTE OF PARISJ AN, EXTRA., APRIL 12, 1973 ee a rer ee ee ee \u2014\u2014\u2014 \u2014 ee ++ favour, aliection or ill-will, and that I will not allow my personal interest to influence my official conduct or my ficial decisions, MREMBERS OF THE ARMED FORCES [Article 244) I, , do solemnly swear that I wil] bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage my- self in any political activities whatsoever and that I wil] honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the aw. | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 37 ae ee \u2019 4 \u2014\u2014\u2014\u2014= ==.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "214", "domain": "general", "chunk_id": "The Constitution of _c218"}}
{"text": "Air Force) as required by and under the aw. | THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 37 ae ee \u2019 4 \u2014\u2014\u2014\u2014= ==. DART I] : FOURTH SCHEDULE [Article 70 (6)] LEGISLATIVE LISTS FEDERAL LEGISLATIVE LIST Part J 1. The defence of the Federation or any part thereof in peace or war; the military, naval and air. forces of the Federation and any other armed forces raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the Armed Forces of the Federation including civil armed forces ; Federal intelligence bureau; preventive detention for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof; persons subjected to such detention ; industries declared by Federal law to be necessary for the purpose of defence or for the prosecution of war. 2. Military, naval and air force works; local self- government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimita- tion of such areas. 3. External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan. : 4. Nationality, citizenship and naturalisation. 5. Migration from or into, or settlement in, a Province or the Federal Capital. 376 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "70", "domain": "general", "chunk_id": "The Constitution of _c219"}}
{"text": "citizenship and naturalisation. 5. Migration from or into, or settlement in, a Province or the Federal Capital. 376 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parra \u2014\u2014 \u2014 \u201c \u2014 a ee ee p adie are \u2014 6. Admission into, and emigration and expulsion from, Pakistan, including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan ; pilgrimages to places beyond Pakistan. 7. Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications ; Post Office Saving Bank. 8. Currency, coinage and legal tender. 9, Foreign exchange; cheques, bills of exchange, pro- missory notes and other like instruments. 10. Public debt of the Federation, including the borrowing of money on the security of the Federal Conso- lidated Fund; foreign loans and foreign aid. 11. Federal Public Services and Federal Public Service Commission. | 12. Federal pensions, that is to say, pensions payable - by the Federation or out of the Federal Consolidated Fund. 13. Federal Ombudsmen. 14. Administrative Courts and Tribunals for Federal subjects. 15. Libraries, museums, and similar institutions con- trolled or financed by the Federation. . 16. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies. 17, Education as Tespects Pakistani students in foreign countries and foreign students in Pakistan. \u2014_\u2014 ae 18. Nuclear energy, din. SST THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 (a) mineral resources y ecessary", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c220"}}
{"text": "and foreign students in Pakistan. \u2014_\u2014 ae 18. Nuclear energy, din. SST THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12 1973 (a) mineral resources y ecessary for the : of nuclear energy ; &eneration (b) the production of nuclear fuels and the tion and use of. nuclear energy ; and (c) ionizing radiations. fenera- 19. Port quarantine, seamen\u2019s and Marine h Ospitals and hospitals connected with port quarantine P 20. Maritime shipping and navigation, including ship- ping and navigation on tidal waters ; Admiralty jurisdiction, 21. Major ports, that is to Say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein. 22. Aircraft and air navigation; the provision of aero- dromes ; regulation and organisation of air traffic and of aerodromes. 23. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft. 24, Carriage of passengers and goods by sea or by air. 25- Copyright, inventions, designs, trade-marks and merchandise marks. 26. Opium so far as regards sale for export. 27. Import and export across customs frontiers as defined by the Federal Government, inter-provincial trade and commerce, trade and commerce with foreign countries ; standard of quality of goods to be exported out of Pakistan. 28. State Bank of Pakistan ; banking, that is to say, the Conduct of banking business by corporations otter than 378 THE GAZETTE OF PAKISYAN, EXTRA. APRIL 12, 1973 \u2014_\u2014_\u2014. _ Parry corporations owned or controlled by a Province and carry- ing on business only", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c221"}}
{"text": "378 THE GAZETTE OF PAKISYAN, EXTRA. APRIL 12, 1973 \u2014_\u2014_\u2014. _ Parry corporations owned or controlled by a Province and carry- ing on business only within that Province. 29. The law of insurance, except as respects insurance undertaken by a Province, and the regulation of the conduct of insurance business, except as respects business undertake. by a Province; Government insurance, except so far as undertaken by a Province by virtue of any matter within the legislative competence of the Provincial Assembly. 30. Stock exchanges and futures markets with objects and business not confined to one Province. 31. Corporations, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations cwned or controlled by a Province and carrying on business only within that Province, or Co- operative societies, and of corporations, whether trading or not, with objects not confined to a Province, but not includ- ing universities. 32. National planning and national economic coordi- nation including planning and coordination of scientific and technological research. 33. State lotteries. 34. National highways and strategic roads. 35. Federal surveys including geological surveys and Federal meteorological organisations. 36. Fishing and fisheries beyond territorial waters. 37. Works, lands and buildings vested in, or in the Possession of Government for the purposes of the Federation (not being military, naval or air force works), but, as regards Property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides. PaRT", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c222"}}
{"text": "force works), but, as regards Property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides. PaRT q \u2014\u2014 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, | wero. = \u2014 Te mee aE ee tee see DL ee 28 OSS 38. Census. 39. Establishment of standards of Weights and measures. 40. Extension of the powers and jurisdiction of mem- bers of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and Jurisdiction of members of a police force belonging to any Province to railway areas outside that Province. 41. Elections to the office of President, to the National Assembly, the Senate and the Provincial Assemblies - Chief Election Comniussioner and Election Commissions. 42. The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the National Assembiy, Chairman and Deputy Chairman of the Senate, Prime Minister, Federal Ministers, Ministers of State, the salaries, allowances and privileges of the members of the Senate and the National Assembly; and the punishment of persons who refuse to give evidence or produce\u2019 documents before cominittees thereof. 43. Dutics of customs, including export duties. 44. Duties of excise. including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics. 45. Duties in respect of succession", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c223"}}
{"text": "44. Duties of excise. including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics. 45. Duties in respect of succession to property. 46. Estate duty in respect of property. 47. Taxes on income other than agricultural income. 48. Taxes on corporations. 379 380 THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 \u2014 wee = = sere et eee ee ee ee * ee oe 8 os \u2014= OO 49. Taxes on sales and purchases. 50. Taxes on the capital value of the assets, not in- cluding taxes on capital gains on immovable property. 5]. Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy. 52. Taxes and duties on the production capacity of any plant, machinery, undertaking, | establishment or in- stallation in lieu of the taxes and duties specified in entries 44, 47, 48, and 49 or in lieu of any one or more of them. 53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and freights. 54, Fees in respect of any of the matters in this Part, but not including fees taken in any court. 55. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List and, to such extent as is expressly authorised by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supple- mental powers. 56. Offences against", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c224"}}
{"text": "by or under the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the conferring thereon of supple- mental powers. 56. Offences against laws with respect to any of the matters in this Part. 57. Inquiries and statistics for the purposes of any of the matters in this Part. 58. Matters which under the Constitution are within the legislative competence of Parliament or relate to the Federation. 59. Matters incidental or ancillary to any matter on- umerate in this Part. [Part | oS Tee. ~ P _\u2014 eee 4 ART IJ YHE GAZETTE OF PAKISTAN, EXTRA, APRIL 12, 1973 PART II |. \"Railways. 2. Mineral oil and natural gas; liquids and substa declared by Federal law to be dangerously inflammable 3. Development of industries, where developme Federal control iS declared by Federal law to be expedient in the public interest ; institutions, establishments, bodies and corporations administered or managed by the Federal Government immediately before the commencing day, in- cluding the West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation ; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, in- dustries, projects and undertakings owned wholly or par- tially by the Federation or by a corporation set up by the Federation. 4, Council of Common Interests. 5. Fees in respect of any of the matters in this Part but not including fees taken in any court. 6. Offences against laws with respect to any of the matters in this", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c225"}}
{"text": "matters in this Part but not including fees taken in any court. 6. Offences against laws with respect to any of the matters in this Part. 7. Inquiries and statistics for the purposes of any of the matters in this Part. 8. Matters incidental or ancillary to any matters enumerated in this Part. CONCURRENT LEGISLATIVE LIST 1. Criminal law, including all matters included in the Pakistan Penal Code on the commencing day, but excluding offences against laws with respect to any of the matters specified in the Federal Legislative List and excluding the use of naval, military and air forces in aid of civil power. 381 \u2014\u2014\u2014 - 382 THE GAZEITE OF PAKISTAN. EXTRA. APRIL 12, 1973 (Par \u2014\u2014\u2014 : a \u2014\u2014 = ere rs 2. Criminal procedure, including all matters included in the Code of Criminal Procedure, on the commencing day: 3, Civil procedure, including the law of limitation and all matters included in the Code of Civil Procedure on the commencing day ; the recovery in a Province or the Federai Capital of claims in respect of taxes and other public de- mands, including arrears of land revenue and sums recover- able as such, arising outside that Province. 4 Evidence and oath; recognition of laws. public acts and records and judicial proceedings. 5. Marriage and divorce; infants and minors; adop- tion. 6. Wills, intestacy and succession, save as regards agricultural land. 7. Bankruptcy and insolvency, administrators-general and official trustees. 8. Arbitration. 9. Contracts, including partnership, agency, contracts of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c226"}}
{"text": "intestacy and succession, save as regards agricultural land. 7. Bankruptcy and insolvency, administrators-general and official trustees. 8. Arbitration. 9. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural] land. 10. Trust and trustees. _ 11. Transfer of property other than agricultural land. registration of deeds and documents. 12. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in the Federal Legislative List. . art JJ THE GAZETTE O} PAKISTAN, EXTRA., APRIL 12 1973 a \u2014<\u2014= |3. Removal of prisoners and accused persons : fro one Province to another Province. \" |4. Preventive detention for reasons connected with {he maintenance of public order, or the maintenance of supplics and services essential to the community ; persons subjected to such detention. [5. Persons subjected to preventive detention under Federal authority. 16. Measures to combat certain offences committed in connection with matters concerning the Federal and Provincial Government and the establishment of a police force for that purpose. 17. Arms, fire-arms and ammunition. 18. Explosives. 19. Opiurn, so. far as regards cultivation and manu- facture. 20. Drugs and medicines. 21. Poisons and dangerous drugs. 22. Prevention of the extension from one Province to another of infectious or contagious diseases or pests affec- ting men, animals or plants. 23. Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded. 24. Environmental pollution and ecology. 25.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c227"}}
{"text": "Mental illness and mental retardation, including places for the reception or treatment of the mentally ill and mentally retarded. 24. Environmental pollution and ecology. 25. Population planning and social welfare. 33 384 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Pp AR | 26. Welfare of labour; conditions of labour, provident funds; employers\u2019 liability and workmen's compensation, health insurance including invalidity pensions, old age pensions. 27. Trade unions; industrial and labour disputes. 28. The setting up and carrying on of labour exchanges, employment information bureaus and training establish- ments. 29. Boilers. 30. Regulation of labour and safety in mines, factories and oil fields. 31. Unemployment insurance. 32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods en inland waterways. 33. Mechanically propelled vehicles. 34. Electricity. 35. Newspapers, books and priating presses. 36. Evacuee property. 37. Ancient and : historical monuments, archaeological sites and remains. 38. Curriculum, syllabus, Planning, policy, centres of excellence and standards of education. aur t] THE GAZETTE OF PAKISTAN, EXTRA. APRIL 12, 1973 385 39. Islamic education. 40, Zakat. A}. Sanctioning of cinematograph films for exhibition. 42. Tourism. 43. Legal, medical and other professions. 44. Fees in respect of any of the matters in this List, but not including fees taken in any court. 45. Inquiries and statistics for the purpose of any of the matters in this List. 46. Offences against laws with respect to any of the matters in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c228"}}
{"text": "and statistics for the purpose of any of the matters in this List. 46. Offences against laws with respect to any of the matters in this List ; jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in this List. 47. Matters incidental or ancillary to any matter enumerated in this List. oe ae 386 nee SS THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 FIFTH SCHEDULE [Article 205] REMUNERATION AND TERMS AND CONDITIONS a OF SERVICE Or JUDGES THB SUPRBMB COURT 1. There shall be paid to the Chief Justice of Pakistan a salary of Rs. 5,500 per mensem, and to every other Judge of the Supreme Court a salary of Rs. 5,100 per mensem. 2. Every Judge of the Supreme Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be deter- mined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the Supreme Court of Pakistan were entitled. 3. The pension payable to a retired Judge of the Supreme Court shall not be less than Rs. 1,500 per mensem or more than Rs. 1,950 per mensem, depending on the length of his service as Judge in that Court or a High Court : Provided that pension payable to a Judge of Supreme Court shall not be less favourable than that payable to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "205", "domain": "general", "chunk_id": "The Constitution of _c229"}}
{"text": "Court or a High Court : Provided that pension payable to a Judge of Supreme Court shall not be less favourable than that payable to him as such Judge, immediately before the commencing day. THB HicgH Court 1. There shall be paid to the Chief Justice of a High Court a salary of Rs. 5,000 per mensem, and to every other Judge of a High Court a salary of Rs. 4,000 per mensem. =~ rant I] THE GAZETTE OF PAKISTAN, EXTRA., AP \u2014_\u2014\u2014_ eg a a rea \u2014 _ en \u2014_\u2014aon _\u2014\u2014_\u2014\u2014\u2014\u2014\u2014 ae \u2014 = RIL 12, 1973 387 oe 2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be deter- mined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the High Court were entitled. 3. The pension payable to a Judge of a High Court who retires after having put in not less than five years service as Judge shall not be less than Rs. 1,000 per mensem or more than Rs. 1,750 per mensem, depending on the tength of his service as Judge and total service, if any, in the service of Pakistan. 388 THE GAZETTE OF PAKISTAN. EXTRA., APRIL 12, 1973 = ee \u2014 Parry TS SIXTH SCHEDULE (Article 268 (2)] IS NOT TO BE ALTERED, REPEALED OR pA MENDED WITHOUT THE", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "268", "domain": "general", "chunk_id": "The Constitution of _c230"}}
{"text": "EXTRA., APRIL 12, 1973 = ee \u2014 Parry TS SIXTH SCHEDULE (Article 268 (2)] IS NOT TO BE ALTERED, REPEALED OR pA MENDED WITHOUT THE PREVIOUS Number 1. sd t 10. It. 12. 15: 14. 15. 16. 17. 18. SANCTION OF THE PRESIDENT Description of Regulation The Improper Acquisition of Property Regula- tion, 1969. : The Removal from Service (Special Provisions) Regulation, 1969. The Living Beyond Ostensible Means (Punish- ment) Regulation, 1969. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 197]. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971. The Foreign Exchange Repatriation Regula- tion, 1972. ie Foreign Assets (Declaration) Regulation, The Removal from Regulation, 1972. The Land Reforms Regulation, 1972, The Removal from Service (Review Petition) Regulation, 1972. Service (Special Provisions) The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972, The Enemy Pr : Operty (Revocation of Sales) Regulation, 1972. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972. \u2018 THE GAZETTE OF PAKISTAN. EXTRA. APRIL 12, 1973 PART 4300 a 389 a The Dir and Swat (Sett] torn 19. \u20ac eitlement of Di Immovable Property) Regulation, 1972 joules \u201ca 20. a bai teen Industrial Development orporation (Revocation of Sales", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "268", "domain": "general", "chunk_id": "The Constitution of _c231"}}
{"text": "and Swat (Sett] torn 19. \u20ac eitlement of Di Immovable Property) Regulation, 1972 joules \u201ca 20. a bai teen Industrial Development orporation (Revocation of Sales or T Regulation, 1972. oF \u00e9ranster) 21. | The Economic Reforms (Protection of Indus- tries) Regulation. 1972. 22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972. 93. The Cooperative Banks (Repayment of Loans) (Punjab) Regulation, 1972. 24. The Cooperative Societies (Repayment of Loans) leaned ee oe ae (Sind) Regulation, 1972. ZULFIKAR ALI BHUTTO, H. Px., President of the National Assembly. ASLAM ABDULLAH KHAN, Secretary. = wee eee . woe \u201d wees es Se PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRESS, ISLAMABAD PUBLISHED BY THE MANAGER OF PUBLICATIONS, KARACHI", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Constitution_of_the_Islamic_Republic_of_Pakistan_1973.pdf", "act_name": "The Constitution of the Islamic Republic of Pakistan 1973", "year": "1973", "section": "N/A", "domain": "general", "chunk_id": "The Constitution of _c232"}}
{"text": "PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (1) ISLAMABAD, TUESDAY, JANUARY 27, 2026 PART I Acts, Ordinances, President\u2019s Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 27th January, 2026 No. F. 23 (5)/2025-Legis.\u2014The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 26th January , 20 26 is hereby published for general information:\u2014 ACT NO. X OF 2026 AN ACT to establish an effective system of protection, relief and rehabilitation of women, men, transgender, children and any vulnerable person against domestic violence. WHEREAS the Constitution of the Islamic Republic of Pakistan recognizes the fundamental rights of all individuals, their dignity and their right to be treated in accordance with the law; AND WHEREAS it is expedient to inst itutionalize measures which provide necessary safeguards preventing and protecting all persons, including women, men, transgender, children, and any vulnerable persons, from domestic violence and for matters connected therewith or incidental thereto; It is hereby enacted as follows:\u2014 217 (1\u201411) Price : Rs. 20.00 [10161(2026)/Ex. Gaz.] 217 (2) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I 1. Short title, extent and commencement. \u2014 (1) This Act shall be called the Domestic Violence (Prevention and Protection) Act, 2026. (2) It extends to the Islamabad Capital Territory. (3) It shall come into force at once. 2. Definitions.\u2014 (1) In this Act, unless there is anything repugnant to the subject or context,- (i) \u201caggrieved person \u201d means any woman, man, transgender person, child, vulnerable person, or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c0"}}
{"text": "Act, unless there is anything repugnant to the subject or context,- (i) \u201caggrieved person \u201d means any woman, man, transgender person, child, vulnerable person, or any other individual, including a person with a disability or a person of old age, who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; (ii) \u201cchild\u201d means any person under the age of eighteen years living in a domestic relationship with the respondent and includes any adopted, step or foster child; (iii) \u201cCode\u201d means the Code of Criminal Procedure, 1898 (Act V of 1898); (iv) \u201cCourt\u201d means the family court establishe d under the family Courts Act, 1964 and shall have and exercise all the powers of a judicial magistrate of the first class under the Code of Criminal Procedure, 1898 (Act V of 1898); (v) \u201cDivision concerned\u201d means the division to which the business of this Act stand allocated; (vi) \u201cdomestic relationship\u201d means a relationship between persons who live together in a household and are either related by consanguinity, marriage, kinship, adoption, or are family members living together; (vii) \u201cdomestic violence \u201d has the same meaning as assigned to it in section 3; (viii) \u201chousehold\u201d means a household where the aggrieved person lives in a domestic relationship either singly or along with the respondent; (ix) \u201cGovernment\u201d means the Federal Government; (x) \u201cinformer\u201d means a person who has credible information that an offence is being committed", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "3", "domain": "harassment", "chunk_id": "The Domestic Violenc_c1"}}
{"text": "along with the respondent; (ix) \u201cGovernment\u201d means the Federal Government; (x) \u201cinformer\u201d means a person who has credible information that an offence is being committed under this Act; (xi) \u201cmonetary relief\u201d means a monetary relief which a court may order under section 9; (xii) \u201cnotification\u201d means a notification published in the Gazette of Pakistan; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (3) (xiii) \u201cPenal code \u201d means the Pakistan Penal Code, 1860 (Act XLV of 1860); (xiv) \u201cprescribed\u201d means prescribed by the rules made under this Act; (xv) \u201cProtection Committee \u201d means a Committee constituted under section 15; (xvi) \u201cProtection Officer\u201d means an officer designated by the Ministry of Human Rights under section 19; (xvii) \u201cProtection Order\u201d means an order granted in terms of section 8; (xviii) \u201crespondent\u201d means a person who is, or has been, in a domestic relationship with the aggrieved per son and against whom relief has been sought under this Act; (xix) \u201cresidence order\u201d means an order granted in terms of section 9; (xx) \u201cRules\u201d means rules made under this Act; (xxi) \u201cservice provider \u201d means any such government facility or registered volunt ary organization established for the protection of aggrieved person providing legal, medical, financial or any other assistance. These shall also include shelter homes; and (xxii)\u201cvulnerable person\u201d means a person who is vulnerable due to old age, mental i llness, or physical, learning, psychosocial or other disability, or for other special reason. (2) All the words and phrases not defined", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "9", "domain": "harassment", "chunk_id": "The Domestic Violenc_c2"}}
{"text": "old age, mental i llness, or physical, learning, psychosocial or other disability, or for other special reason. (2) All the words and phrases not defined in this Act shall have the same meaning as assigned to them in the Penal Code and the Code. 3. Domestic Violence. \u2014 Domestic Violence shall mean all acts of physical, psychological and sexual abuse, other than the offence defined under Pakistan Penal Code or any other law, committed by a respondent against women, men, transgender, children, vulnerable persons, or any oth er person with whom the respondent is or has been in a domestic relationship that causes fear, physical or psychological harm to the aggrieved person. Explanation I.\u2014 For the purposes of this section:- (a) if an offence falling under Penal Code is committ ed in a domestic relationship the offences shall be punishable as provided under the Penal Code and shall be tried by the court of competent jurisdiction; (b) \u201cphysical abuse\u201d means all acts whereby physical harm is inflicted upon the vulnerable persons a nd includes all offences under chapters XVI, XVI A, XVII, XX, XXA of the Penal Code. 217 (4) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I (c) \u201cpsychological and verbal abuse\u201d, is where the aggrieved individual suffers from a pattern of degrading or humiliating conduct of the respondent and includes but not limited to:- (i) repeated exhibition of obsessive jealousy causing repeated invasion of the victim \u2019s privacy, liberty, integrity and security; (ii) insults or ridicule", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c3"}}
{"text": "not limited to:- (i) repeated exhibition of obsessive jealousy causing repeated invasion of the victim \u2019s privacy, liberty, integrity and security; (ii) insults or ridicule directed at the aggrieved person; (iii) threats to cause physical pain to spouse or othe r members of shared household; (iv) threats of divorce or second marriage on baseless accusation of insanity or infertility; (v) bringing false allegation upon the character of a female member or any member of the shared household; (vi) willful or negligent abandonment of the aggrieved person; (vii) stalking; (viii) harassment; and (ix) compelling the wife to cohabit with anybody other than the husband; and (d) \u201csexual abuse\u201d includes any conduct of a sexual nature that abuses, humiliates, degrades or oth erwise violates the dignity of the vulnerable person or any other person. Explanation II. \u2014 For the purposes of determining whether any act, omission, commission or conduct of the respondent constitutes \u201cdomestic violence\u201d under this section, the overall facts and circumstances of the case shall be taken into consideration. 4. Punishment.\u2014 (1) If the offence does not fall under the Penal Code, the act of domestic violence shall be punishable with simple imprisonment of a maximum period of three years and not less than six months depending on the gravity of the act of domestic violence committed, and a fine of one hundred - thousand Rupees and minimum of twenty -thousand Rupees shall also be paid as compensation to the aggrieved person. (2) In default of paym ent of fine,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c4"}}
{"text": "Rupees and minimum of twenty -thousand Rupees shall also be paid as compensation to the aggrieved person. (2) In default of paym ent of fine, the court may award simple imprisonment of three months. (3) Whoever aids or abets the commission of an offence of domestic violence shall be punished with the same punishment provided for the offence. 5. Petition to the Court. \u2014 (1) An aggri eved person or any other person authorized by the aggrieved person, through a Protection Officer, may present a petition to the Court within whose jurisdiction; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (5) (a) the aggrieved resides or carries on business; and (b) the place where the respondent and aggrieved person last resided together. (2) The court shall fix the first date of hearing, which shall not exceed seven days from the date of the receipt of the petition by the court. (3) Upon receipt of the petition, the court shall, with or without is suing an interim order, issue a notice upon the person complained against and call upon him or her to show cause within seven days of receipt of notice as to why a protection order shall not be made against him or her for committing an act of domestic violence as alleged in the petition. (4) The petition made under sub -section (1) shall be decided within a period of ninety days and any adjournment shall be granted for reasons to be recorded in writing", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c5"}}
{"text": "sub -section (1) shall be decided within a period of ninety days and any adjournment shall be granted for reasons to be recorded in writing by the Court. 6. Right to reside in a household. \u2014 (1) Notwithstanding anything contained in any other law for the time being in force, the aggrieved person, shall have the right to reside in the shared household, whether or not the aggrieved person has any right, title or beneficial interest in the same. (2) The aggrieved person may choose to reside in the house or in a shelter home arranged by any service provider. 7. Power to grant interim order. \u2014 (1) In any proceeding under this Act, the court may pass such interim order at any time and stage of the petition as it deems just and proper. (2) If the court is s atisfied that a petition prima facie discloses that the respondent has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, it may issue order on the basis of an affidavit of the aggrieved person or any other evidence or material, before the court as provided under sections 8, 9, and 10 against the respondent. 8. Protection orders and residence orders.\u2014 (1) The court on being satisfied that prima facie domestic violence has taken place or is likely to take place may pass a protection order in favour of the aggrieved person and direct the respondent,\u2014 (a)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c6"}}
{"text": "has taken place or is likely to take place may pass a protection order in favour of the aggrieved person and direct the respondent,\u2014 (a) not to commit any further act of domestic violence., (b) not to have an y communication in any form or manner including personal, oral or written, electronic or telephonic or cellular with the aggrieved person, with or without exceptions; (c) to stay away from the aggrieved person, with or without exceptions; 217 (6) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I (d) to stay at such distance from the aggrieved person as may, keeping in view the peculiar facts and circumstances of the case, as determined by the Court; and (e) to move out of the house in case of an act of grave violence if the life, dignity or reputation of the aggrieved person is in danger. (2) In addition to the order under sub-section (1) or otherwise, the court on being satisfied that domestic violence has taken place may pass an order: (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the household; and (b) restraining the respondent or any of his or her relatives from entering the household; (3) The court may pass any other direction which it may deem reasonable to protect and provide for the safety of the aggrieved person or any child of such aggrieved person. (4) The court may require from the respondent to execute a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c7"}}
{"text": "for the safety of the aggrieved person or any child of such aggrieved person. (4) The court may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. (5) While making an orde r under sub-sections (1), (2) or (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist the aggrieved person or the person making an application on his or her behalf in the implementation of the order. (6) While making an order under sub-section (2), the court may impose on the respondent obligations relating to the discharge of rent or other payments, having regards to the financial needs and resources of the parties. (7) The court may direct the officer in charge of the police station in whose jurisdiction the court has been approached to assist in the implementation of the protection order. (8) The court may direct the respondent to return to the posses sion of the aggrieved person any property, valuables or documents to which the aggrieved person is entitled. (9) The court shall in all cases where it has passed any order under this section, order that a copy of such order, shall be given to the parties, the officer in charge of the police station in the jurisdiction of which the court has been approached as well as to the service provider located within the local limits", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c8"}}
{"text": "the police station in the jurisdiction of which the court has been approached as well as to the service provider located within the local limits of the jurisdiction of the court. 9. Monetary relief. \u2014 (1 ) The court may, at any st age of the trial, may pass interim order directing the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (7) of the aggrieved person as a result of the domestic violence and such relief ma y include, but is not limited to- (a) compensation for suffering as a consequence of economic abuse to be determined by the court; (b) loss of earning; (c) medical expense; (d) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (e) the maintenance for the aggrieved person as well as children, if any, including an order under or in addition to an order of maintenance under any law for the time being in force. (2) The respondent shall pay monetary relief granted to the aggrieved person within the period specified in the order made under sub-section (1). (3) Upon failure on part of the respondent to make payment in terms of the order under sub -section (2), the court may direct an emplo yer or debtor, of the respondent, to directly pay the aggrieved person or to deposit", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c9"}}
{"text": "under sub -section (2), the court may direct an emplo yer or debtor, of the respondent, to directly pay the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payab le by the respondent. 10. Custody orders. \u2014 Notwithstanding anything in any law for the time being in force, the court may, at any stage of the petition for protection order or for any other relief under this Act, grant temporary custody of an aggrieved person to an appropriate person or authority: Provided that if the aggrieved person is a child then an appropriate person or service provider shall be determined by the Court as per the Guardians and Wards Act 1890 (VIII of 1890): Provided further that if the aggrieved person is an adult then the custody shall be granted to a service provider or some other person to any person or service provider in accordance with the will of the aggrieved person. 11. Duration and alteration of interim, protection and res idence orders.\u2014 (1) The interim order made under section 7, the protection order made under section 8 and the custody order under section 10 shall remain in force until the aggrieved person applies for discharge of such order. (2) If the court on receipt of an application at any stage from the aggrieved person or the respondent is satisfied that", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "7", "domain": "harassment", "chunk_id": "The Domestic Violenc_c10"}}
{"text": "of such order. (2) If the court on receipt of an application at any stage from the aggrieved person or the respondent is satisfied that there is a change in the circumstance requiring alteration, modification or recalling of any order made under this Act, it may, for reasons to be recorded in writi ng pass such order, as it may deem appropriate. (3) The residence order shall remain in force till altered by the court. 217 (8) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I (4) Nothing contained in sub -sections (1) and (2) shall prevent an aggrieved person from making a fresh application after the previou s order has been discharged. 12. Penalty for breach of an interim or protection order etc. by the respondent.\u2014 (1) A breach of protection order, or of the interim order or of the residence order, or of a custody order by the respondent shall be an offence and shall be punishable with imprisonment of one year and with fine of one hundred thousand Rupees which shall be paid to the aggrieved person. (2) Notwithstanding anything contained in the Code, the offence under this section shall be cognizable, bailable and compoundable. 13. Appeal.\u2014 (1) Any person aggrieved by order of the court under section 12 may file an appeal to the court of sessions within thirty days of the passing of the order of sentence and the Court of sessions shall decide the appeal within sixty days. (2) Any person aggrieved by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "12", "domain": "harassment", "chunk_id": "The Domestic Violenc_c11"}}
{"text": "of the passing of the order of sentence and the Court of sessions shall decide the appeal within sixty days. (2) Any person aggrieved by the final decision of the Court may, within ten days of the final Judgment or order of the Court prefer an appeal to the Court of sessions. 14. Procedure.\u2014 (1) All proceedings under this Act shall be governed by the Family Courts Act, 1964. (2) Notwithstanding anything contained in sub -section (1) the Court may, for reasons to be recorded, proceed under the Code. 15. Protection Committee. \u2014 (1) The Division concerned shall, by notification in the official Ga zette, constitute a Protection Committee for the purposes of this Act within three months of the passage of the Act. (2) A Protection Committee shall comprise of a representative of the Family Protection and rehabilitation center a representative of the N ational Commission on the Status of Women, a medical doctor or psychologist or psycho-social worker, a law officer, and a police officer not below the rank of Inspector, preferably female, or any other officer (s) designate by the Ministry of Human Rights as may be prescribed by the rules and a Protection Officer who shall also act as the Secretary of the Protection Committee. (3) One half of the total members of the Protection Committee shall constitute the quorum. 16. Duties and functions of Protection Committee.\u2014 The Protection Committee may:- (a) inform the aggrieved person of his / her rights provided under this Act or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c12"}}
{"text": "Duties and functions of Protection Committee.\u2014 The Protection Committee may:- (a) inform the aggrieved person of his / her rights provided under this Act or any other law for the time being in force and the remedies and the help that may be provided; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (9) (b) assist the aggrieved person in obt aining any medical treatment necessitated due to the domestic violence; (c) if necessary, and with the consent of the aggrieved person, assist the aggrieved person in relocating to a safer place acceptable to the aggrieved person, which may include the ho use of any relative or family friend or other safe place; (d) assist the aggrieved person, by assigning the Protection Officer, in the preparation of and filing of any petition or report under this Act, the Code or any other law for the time being in forc e, after proper examination and assessment of the case; (e) keep official record of the incidents of domestic violence in its area of jurisdiction; (f) maintain record of the names and contact details of the service provider from whom the aggrieved pers on may seek further help and assistance including shelter; (g) Perform such other duties that may be assigned to the Protection Committee under this Act or the rules made there under. 17. Powers, privileges and immunities of Protection Committee. \u2014 (1) T he members of the Protection Committee shall be deemed to the public servant within the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c13"}}
{"text": "Powers, privileges and immunities of Protection Committee. \u2014 (1) T he members of the Protection Committee shall be deemed to the public servant within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860). (2) The Protection Committee shall be housed in the Family Protection and Rehabilitation centre fo r Women or any other such centre as notified by the under the Division concerned. (3) The Division concerned shall provide a Secretariat, under the Shaheed Benazir Bhutto Centre for Women, as well as necessary staff supported by a budget required for the establishment and functioning of the Secretariat. 18. Delegation of functions and powers.\u2014 The Protection Committee may delegate any of its functions and powers to any of its member or members. 19. Protection Officer. \u2014 (1) The Division concerned shall, b y notification in the official Gazette, designate a team of Protection Officers, one male and one female for the purposes of this Act Protection Officers are to be appointed in the prescribed manner within one month of the framing of the rules pursuant to section 24 of this Act. (2) The Secretariat of the Protection Committee shall provide support to the Protection Officer in exercising its functions. (3) The Protection Officers shall assist the Protection Committee and the aggrieved person in accordance with provisions of this Act. 217 (10) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I 20. Duties of Protection Officer. \u2014 It shall be the duty of the Protection Officer;", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "21", "domain": "harassment", "chunk_id": "The Domestic Violenc_c14"}}
{"text": "THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I 20. Duties of Protection Officer. \u2014 It shall be the duty of the Protection Officer; (a) to file an application for obtaining a protection order under section 9, if so desired by the aggrieved person; (b) to make a domestic incident report to the Protection Committee, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence; (c) to make an application in such form and in such manner as may be prescribed to the court, if the aggri eved person so desires, claiming relief for issuance of a protection order; (d) to ensure that the aggrieved person is provided legal aid; (e) to maintain a list of all service providers providing legal aid or counseling, shelter homes and medical facili ties in a local area within the jurisdiction of the court; (f) to make available a safe place of residence, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the Protection Committee; (g) to get the aggrieved person medically examined, if the person has sustained bodily injuries and forward a copy of the medical report to the Protection Committee; (h) to ensure that the order for monetary relief under section 10 is complied wit h and executed in accordance with the procedure prescribed; and (i) to perform such other duties as may be assigned to him", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "9", "domain": "harassment", "chunk_id": "The Domestic Violenc_c15"}}
{"text": "is complied wit h and executed in accordance with the procedure prescribed; and (i) to perform such other duties as may be assigned to him by the Protection Committee. 21. Service Providers. \u2014 (1) In any proceeding under this Act, the court or the Protection Committee may engage the services of a service provider. (2) Service provider shall have all the privileges and immunities enjoyed by the Protection Committee. (3) A service provider shall have the power to;- (a) record the domestic incident in a prescribed form i f the aggrieved person so desires and forward a copy thereof to the Protection Officer having jurisdiction in the area where the domestic violence took place; (b) get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer within the local limits of which the domestic violence took place; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (11) (c) ensure that the aggrieved person is provided shelter in a safe place of residence, if he or she so requires and forward a report of the lodging of the aggrieved pers on in a safe place of residence to the Protection officer within the local limits of the place where the domestic violence took place; and (d) provide the aggrieved person with any aid or assistance if he or she may so require. 22. Protection of actions taken in good faith. \u2014 No suit, prosecution or other legal proceedings shall lie against any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c16"}}
{"text": "or she may so require. 22. Protection of actions taken in good faith. \u2014 No suit, prosecution or other legal proceedings shall lie against any Protection Committee, Protection Officer or service provider for anything which is done in good faith or purported to be done under this Act. 23. Act not in deroga tion of any other law. \u2014 The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. 24. Power to make rules.\u2014 The Federal Government may make rules for carrying out the purposes of this Act. 25. Removal of difficulties. \u2014 If any difficulty arises in the implementation of the provision of this Act, the Federal Government may, on recommendation of the Ministry of Human Rights or otherwise, give appropriate directions to remove such difficulty. SAEED AHMAD MAITLA, Acting Secretary. _________________________________________________________________ PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRESS, ISLAMABAD. PUBLISHED BY THE DEPUTY CONTROLLER, STATIONERY & FORMS, UNIVERSITY ROAD, KARACHI.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Domestic_Violence_Prevention_and_Protection_Act_2026.pdf", "act_name": "The Domestic Violence Prevention and Protection Act 2026", "year": "2026", "section": "N/A", "domain": "harassment", "chunk_id": "The Domestic Violenc_c17"}}
{"text": "354 THE GAZETTE OF PAKISTAN, EXTRA., JUNE 15, 1976 [PART I (b) a creditor of an industrial undertaking referred to in clause (a) may repatriate foreign currency Ioans approved by the Federal Govern\u00ad ment and interest thereon in accordance with the terms and condi\u00ad tions of the said loan : Provided, that nothing in this section shall affect the terms of One permission to make such investment granted to a foreign investor before the commencement of this Act. 7. Remittances by foreign employees.\u2014Foreign nationals employed with the approval of the Federal Government in any industrial undertaking having foreign private investment may make remittances lor the maintenance of their dependents in accordance with the rules, regulations or orders issued by the Federal Govern\u00ad ment or the State Bank of Pakistan. foreign private investment as may be admissible under any law for the tune being in force. (2) Foreign private investment shall not be subject to other or more burden\u00ad some taxes on income than the applicable to investment made in similar cir\u00ad cumstances by citizens of Pakistan. (3) Foreign private investment shall be allowed all the tax concessions which may be admissible on the basis of any agreement for avoidance of double taxation which the Government of Pakistan may have entered into with the Government of the country of origin of such iuvestmcni. 9. Equal treatment.\u2014Industrial undertakings having foreign private invest\u00ad ment shall be accorded the same treatment as is accorded to similar industrial undertakings having no such investment in the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "N/A", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c0"}}
{"text": "undertakings having foreign private invest\u00ad ment shall be accorded the same treatment as is accorded to similar industrial undertakings having no such investment in the application of laws, rules and regulations relating to importation and exportation of goods. 10. Removal of difficulties.\u2014If any difficulty arises in giving effect to any provisions of this Act, the Federal Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty : Provided that no such power shall be exercised after the expiry of one year from the commencement of this Act. 11. Power to make rules.\u2014The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act, and such rules may, among other matters, provide for the employment of Pakistani and foreign nationals in industrial undertakings having foreign private investment. 12. Repeal. The Foreign Private Investment (Promotion and Protection) Ordinace, 1976 (XIV of 1976), is hereby repealed. ACT No. XLIII or 1976 Au Act to provide for restrictions on dowry and bridal gifts WHEREAS it is expedient to provide for restrictions on dowry and bridal gifts and for matters connected therewith or ancillary thereto ; It is hereby enacted as follows :\u2014 I. Short title, extent and eommencement.\u2014(I) This Act may be called the Dowry and Bridal Gifts (Restriction) Act, 1976. 8. Tax concession and avoidance of double taxation.\u2014(1) The Federal Government may allow such concessions to industrial", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "N/A", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c1"}}
{"text": "the Dowry and Bridal Gifts (Restriction) Act, 1976. 8. Tax concession and avoidance of double taxation.\u2014(1) The Federal Government may allow such concessions to industrial undertakings having PART I] THE GAZETTE OF PAKISTAN, EXTRA., JUNE 15, 1976 ?55 (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan (3) It shall come into force at once. 2. Definitions. In this Act. unless there is anything repugnant in the subject or context,\u2014 (a) \u201c bridal gift \u201c means any property given as a gift before, at or after the marriage, either directly or indirectly, by the bridegroom or his parents to the bride in connection with the marriage but does not inciude Mehr; (b) \u201c dowry \u201d means any property given before, at or after the marriage, either directly or indirectly, to the bride by her parents in connection with the marriage but it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her ; (c) \u201c marriage \u201d includes betrothal, nikah and rukhsati: (d) \u201cparents\u2019\" includes the guardian of a party to a marriage and any person who provides dowry or bridal gifts and, in the case of a party to a marriage who has no parent, or whose marriage is solem\u00ad nized in circumstances in which, or at a place at which, no parent is present, such party ; (e) \u201cpresent\u201d means a gift of any property, not being a bridal gift or dowry, given", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "N/A", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c2"}}
{"text": "at which, no parent is present, such party ; (e) \u201cpresent\u201d means a gift of any property, not being a bridal gift or dowry, given before, at or after the marriage, either directly or in\u00ad directly, to either party to a marriage in connection with the marriage or to the relatives of the bride or bridegroom but does not include neundra and salami ; (f) \u201c property \u201d means property, both moveable and immoveable, and includes any valuable security as defined in the Pakistan Penal Code (Act XLI of 1860); and (g) \u201c Registrar \u201d means a Nikah Registrar licensed under the Muslim Family Laws Ordinance, 1961 (VIII of 1961), and such other person as may be designated from time to time to perform the functions of the Registrar. 3. Restriction on dowry, presents and bridal gifts.\u2014(1) Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees : Explanation.\u2014The ceiling of five thousand rupees specified in this sub\u00ad section does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given. (2) No dowry, bridal gifts or presents may be given before or after six months of nikah, and, if rukhsati takes place some time after nikah. after six months of such rukhsati. 356 THE GAZETTE OF PAKISTAN. EXTRA., JUNE 15, 1976 [PART I", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "N/A", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c3"}}
{"text": "if rukhsati takes place some time after nikah. after six months of such rukhsati. 356 THE GAZETTE OF PAKISTAN. EXTRA., JUNE 15, 1976 [PART I Provided that the limit of one hundred shall not apply to the presents given to the bridegroom by the parents of the bride under sub-section of section 3 : Provided further that the President, the Prime Minister, Federal Minister, Chief Minister, Minister, Minister of State, Adviser, Governor, Speaker, Deputy Speaker, the Chairman or the Deputy Chairman of the Senate, Parliamentary Secretary, Member of the Senate, National Assembly or Provincial Assembly, Government servant or an official serving in any corporation, industry or establish\u00ad ment owned, controlled or managed by Government shall not receive any present in connection with his marriage or the marriage of his son or daughter except from his relations (khandan) : Provided further that this restriction shall not apply to a Government servant or official serving in the scale below National Pay Scale 17 not exercis\u00ad ing in any manner judicial, revenue or executive authority. 5. Vesting of dowry etc., in the bride.\u2014All property given as dowry to bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however derived shall hereafter not be restric\u00ad tive, conditional or limited. 6. Expenditure on marriage.\u2014The total expenditure on a marriage, exclu\u00ad ding the value of dowry, bride gifts and presents, but including the expenses on mendhi, barat and valinia, incurred by or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "3", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c4"}}
{"text": "on a marriage, exclu\u00ad ding the value of dowry, bride gifts and presents, but including the expenses on mendhi, barat and valinia, incurred by or on behalf of either party to the marriage shall not exceed two thousand and five hundred rupees. 7. Display of dowry, etc.\u2014The parents of each party to a marriage shall, at the time of rukhsati, display all items of dowry, bridal gifts and presents given or received in connection with the marriage so as to be visible to the person attending the rukhsati. 8. Lists of dowry, etc. to be furnished to Registrar.\u2014(1) The parents of each party to a marriage shall fiurnish to the Registrar lists of dowry, bridal gifts and presents given or received in connection with the marriage. (2) The lists referred to in sub-section (1) shall be furnished,\u2014 (a) in the case of properly given or accepted before or at the time of the marriage, at the time of the marriage ; and (b) in the case of property given or accepted after the marriage, within fifteen days of its being given or accepted. (3) The lists referred to in sub-section (1) shall\u2014 (a) contain details of the proprty alongwith the value thereof; and 4. Restriction on presents.\u2014No person shall give to either party to the marriage any present the value of which exceeds one hundred rupees ; I\u2019AKT 1] THE GAZETTE Of PAKISTAN. EXTRA, JUNE 15, 1976 357 (b) be signed or thumb-marked by the persons furnishing them to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "N/A", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c5"}}
{"text": "rupees ; I\u2019AKT 1] THE GAZETTE Of PAKISTAN. EXTRA, JUNE 15, 1976 357 (b) be signed or thumb-marked by the persons furnishing them to the Registrar and attested by at least two witnesses. (4) The parents of each party to a marriage shall furnish to the Registrar the details of expenditure incurred on the marriage, duly signed or thumb marked by them within one week. (5) The Registrar shall forward the lists furnished under sub-section (1) and the details of expenditure submitted under sub-section (4) to the Deputy Commissioner within fifteen days of receipt of such list or details of expenditure. with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both, and the dowry, bridal gifts or presents given or accepted in contravention of the pro\u00ad visions of this Amt shall be forfeited to the Federal Government to be utilized for the marriage of poor girls in such a way as may be prescribed by rules made under this Act: Provided that if both the parents of a party to the marriage contravene, or fail to comply with, any provision of this Act or the rules made thereunder, action under this section shall be taken only against the father: Provided further that if the parent who contravenes, or fails to comply with, any provision of this Act or the rules made thereunder is a female, shall be punishable with fine only. (2) Any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "N/A", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c6"}}
{"text": "fails to comply with, any provision of this Act or the rules made thereunder is a female, shall be punishable with fine only. (2) Any offence punishable under this Act shall be triable only by a Family Court established under the West Pakistan Family Courts Act, 1964 (W.P. Act- No. XXXV of 1964). (3) No Family Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by, or under the authority of, the Deputy Commissioner within nine months from the date of nikah, and if rukhsati takes place some time after nikah, from the date of such rukhsati. (4) While trying an offence punishable under this Act, a Family Court shall follow the procedure prescribed by the Code of Criminal Procedure, 1898 (Act V of 1898), for the trial of affences by Magistrates. 10. Power to make rules.\u2014The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. 11. Repeal.\u2014The West Pakistan Dowry (Prohibition on Display) Act, 1967 (West Pakistan Act No. XVI of 1967) and the North-West Frontier Province Dowry Act. 1972 (N.W.F.P. Act No. IX of 1972), are hereby repealed. 9. Penalty and procedure.\u2014-!!) Whoever contravenes, or fails to comply with, any provision of this Act or the rules made thereunder shall be punishable", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Dowry_and_Bridal_Gifts_Restriction_Act_1976.pdf", "act_name": "The Dowry and Bridal Gifts Restriction Act 1976", "year": "1976", "section": "N/A", "domain": "islamic", "chunk_id": "The Dowry and Bridal_c7"}}
{"text": "ett REGISTERED No. L 848, The Gazette of India PUBLISHED BY AUTHORITY. SIMLA, SATURDAY, OCTOBER 10, 1925. \u00b0 \u201c(@ Separato paging is given to this Part in ordor that it may be Glod as 2 soparate compilation, PART IV. . Acts of the Indian Legislature assented to by the Governor General. GOVERNMENT OF INDIA. 12, Domicile not nequired by residence as represen- LEGISLATIVE DEPARTMENT ee . fcreign Government, or as part of : is family. 13. Continuance of new domicile. 14, Minor\u2019s domicile. 15. Domicile acquired by woman on marriage. The following Act of the Indian Legislature teceived the ass : the 30th = ; ae - As Governor General on 16. Wife's domicile during marriage. ted ptember 1925, and is hereby promul- 17. Minor\u2019s acquisition of new domicile. gated for general information :\u2014 18, Lunatic\u2019s acquisition of new domicile. . 19. Succession to moveable property in British India Act No. XXXIX or 1925. in absence of proof of domicile elsewhere. THE INDIAN SUCCESSION ACT \u2014\u2014<\u2014<\u2014= io aN \u00a3 . PART III. CONTENTS. MARRIAGE, \u2014_\u2014\u2014\u2014- 90. Interests and powers not acquired nor lost by marriage, . PART I. 21. Effect of marriage between person domiciled and : one not domiciled in British India. Clauses, PRELIMINARY, 99, Settlement of minor's property in contemplation 1. Short title of marriage. . Definitions, , acy of Local Government to exempt any race, PART IV. the Lo Wibo in tho territories administered by Or Consanovrsiry. cal Government from operation of Act. 23. Application of Part.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c0"}}
{"text": "exempt any race, PART IV. the Lo Wibo in tho territories administered by Or Consanovrsiry. cal Government from operation of Act. 23. Application of Part. \u2014\u2014\u2014\u2014\u2014 a Snaps or ponsengeiaits . Lineal consanguinity. PART II. 26. Collateral consanguinity. . a Or Domtctte. 27, Persons held for purpose of succession to be simi- larly related to deceased. 4, Application of Part ) ; \u00b0 98. Mode of computing of degrecs of kindred. ) itn eating succession to deccased person\u2019s tively and moveable property, respec- * One domici PART V. 1, nec omicite only affects succession to moveables. cvooneston ae of origin of person of legitimate birth. INTESTATE \u00a9U I Ne - Conti\u201d of origin of illegitimate child. Cuaprer I. 1p, guna of domicile of origin. Preliminary. Ns Ge ition af mew domicile. 29, Application of Part. \u201cd eal iti to have Tea mode of acquiring domicile in British 30, meee what property deceased conside Hs2gy ( 69 ) IVa 70 THE GAZETTE OF INDIA, OCTOBER 10, 1926. [ Parr ly ie Cuaprer II. Rules in cases of Intestates olher than Parsis. Olauses. 31. Chapter not to apply to Parsis, 32. Devolution of such property. i lineal des- intestate has left widow and ; * peering or widow and kindred only, or widow and no kindred. 34. Where intestate has left no widow, and where he has Ieft no kindred. 35. Rights of widower. Distrib ttion where there are lineal descendants, 36. Rules of distribution. 37. Whero intestate has left child or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c1"}}
{"text": "Ieft no kindred. 35. Rights of widower. Distrib ttion where there are lineal descendants, 36. Rules of distribution. 37. Whero intestate has left child or children only. 38. Whero intestate has left no child, but grand- child or grandchildren. 39, Where intestate has left only great-grand-children or remoter lineal descendants. 40. Whero intestate leaves lineal descendants not all in same degree of kindred to him, and thoso through whom the more remote are descended aro dead. Distribution where there are no lineal descendants, 41, Rules of distribution where intestate has left no lineal descendants. 42. Where intestate\u2019s father living. 43, Where intestate\u2019s father dead, but his mother, brothers and sisters living. 44. Where intestate's father dead and his mother, & brother or sister, and children of any deccased brother or sister, living. . 45. Where intestate\u2019s father dead and his mother and children of any deceased brother or sister living, 46. Where intestate\u2019s father dead, but his mother living and no brother, sister, nephew or niece, 47. Where intestate has left neither lineal descendant, nos father, nor mother, 48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister, 49. Children\u2019s advancements not brought into hotehpot, Carrer III, Special Rules for Parsi Inteatates, 5U. Division of Property among widow and chi of intestate, : aiianioen 51. Division of property among widowe i parle ng rand children 62, Division of property amongst the children of male intestate who leaves no widow, 63, Division of Property amongst the chil", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c2"}}
{"text": "parle ng rand children 62, Division of property amongst the children of male intestate who leaves no widow, 63, Division of Property amongst the chil female intestate who leives i widower, Sen of 54. Division of pro-deceased child's share of intestate's property among the wido : i of such child, 8 W or widower and issue 65. Division of property when the intestate leaves a widow or widower but no lineal descendants, 66. Division of property when the intestate leaves neither widow nor widower i ho cendants, , \u00a9 Hineal des. PART VI, TESTAMENTAny Succerssyoy. Cuavter I Introd uetory. 57. Application of certain rovisi of wills mado by Hindus, a a 58. General application of Part. to a class Carter II, Of Wills and Codicils, Clauses. 69. Person capable of making wills, 60. Testamentary guardian. 61. Will obtained by fraud, coercion or importunity, 62. Will may bo revoked or altered, CaapTer IT. Of the Execution of unprivileged lite, 63. Execution of unprivileged wills. 64. Incorporation of papers by reference, Caarter IV, Of privileged Wills, 65. Privileged wills. 66. Mode of making, and rules for executing, priv. leged wills. CHAPTER V. Of the Attestation, Revocation, Alteration and Revival of Wills. 67. Effect of gift to attesting witness, 68. Witness not disqualified by interest or by\u201d being executor, 69. Revocation of will by testator\u2019s marriage. 70, Revocation of unprivileged will or codicil, 71. Effect of obliteration, interlineation or alteration in unprivileged will. . 72, Revocation of privileged will or codicil, 73. Revival", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c3"}}
{"text": "of unprivileged will or codicil, 71. Effect of obliteration, interlineation or alteration in unprivileged will. . 72, Revocation of privileged will or codicil, 73. Revival of unprivileged will. Carter VI, Of the Construction of Wille, 74. Wording of will. 75. Inquiries to determine questions as to object or subject of will, 76. Misnomer or misdescription of object. 77. When words may be supplied, 78. Rejection of erroneous particulars in desoription of subject, 79. When part of description may not be rejeoted a8 erroneous. 80. Extrinsic evidence admissible in cases of patent ambiguity. 81. Extrinsic ovidence inadmissible in case of patest ambiguity or deficiency. 82, Meaning of clauso to be collected from entiro will. 83. When words may be understood in restricted Sense, and when in sense wider than usual. 84. Which of two possible constructions preferred. 85. No part rejected, if it can be reasonably construed. 86. Interpretation of words repeated in different parts of will. 87. Testator\u2019s intention to be effectuated as far Possible, 88. Tho last of tio inconsistent clauses prevails. 89. Will or bequest void for uncertainty. 0. Words describing subject refer to property ans ing description at testator\u2019s death. 91. Power of apnnoj pers! bedtieal Ppointment executed by ge 92. Implicd gift to objects \u00a2 i of < objects defaxlt \u00aeppoint ment, , 7 power aa. Bequest to \u201c heirs\", ete., of particular perso? Without qualifying terms, THE GAZETTE OF INDIA, OCTOBER 10, 1995, 71 sost t0 \u201c ropresentatives,\u201d ete., of particu- lar persor ds of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c4"}}
{"text": "of particular perso? Without qualifying terms, THE GAZETTE OF INDIA, OCTOBER 10, 1995, 71 sost t0 \u201c ropresentatives,\u201d ete., of particu- lar persor ds of limitati Hout words of limitation. 93. Bequ 96. Bequest Effect of wor \u201cto person: nest to class of persons under general descrip- 93. Beau\u201d tion only: 99 Construction of terms.. ressing relationship denote only legi- 100. Words \u00abrelatives or failing such relatives roauted legitimate. Rules of construction where will purports to make ih two.bequests to same person. 102. Constitution of residuary Iegatee. 103. Property to which residuary legatee entitled. 104, Time of vesting legacy in general terms, 105. In what case legacy lapses. Legacy docs not lapse if one of two joint legatecs \u2122 di before testator. 107. Effect of words showing testator\u2019s intention to give distinct shares. 108. When lapsed share goes as undisposed of. joy, When bequest to testator\u2019s child or lineal des- cendant does not lapse on his death in testator\u2019s lifetime. 110, Bequest to A for benefit of B does not lapse by A's death. Ill. Survivorship in case of bequest to described class. in alternative. ds describing a class added to bequest r) Cuarter VII, Of void Bequests, 112, Bequest to person by particular description, who is not in existence at testator\u2019s death. 113, Bequest to person not in existence at testator\u2019s death, subject to prior bequest. I, Rule against. perpetuity. Nb. Bequest to a class some of whom may come under tules in sections 113 and 114. N16. Bequest", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c5"}}
{"text": "prior bequest. I, Rule against. perpetuity. Nb. Bequest to a class some of whom may come under tules in sections 113 and 114. N16. Bequest to take effect on failure of bequest void under section 113, 114 or 115. 17. Effect of direction for accumulation. U8, Bequest to religious or charitable uses. Cnaprer VIII. Of the vesting of Legacies. Ho. yp . aon penne i legacy when payment or posses- 9 . ' Date of vest; Ol vesting when legacy contingent upon \u00a7pecified uncertain ei y 8 J 21. Vesti . ae of interest in bequest to such members of #4 08 shall have attained particular age. Ogarrer IX. Of Oncrous Bequests. equests, . On same two separate and independent bequests to fused Person may be accepted, and other re- \u00ae Onerous b * Carrer X. aa Beq Of Contingent Bequests. u . ~ Qo tin, oBtingent upon specified uncertain event, B \u00a9 being\u2019 mentioned for its occurrence. \u201cques eurvivin? such of certain persons as shall be & at some period not specified. Cuarrer XI. Of Conditional Bequests. Clauses, 126. Bequest upon impossible condition. 127. Bequest upon illegal or immoral condition, 128, Fulfilment of condition precedent to vesting of legacy. 129, Bane to A and on failure of prior bequest to 130. When second bequest not to take effect on failure of first. 131. Bequest over, conditional upon happening or not happening of specified uncertain event. 132, Condition must be strictly fulfilled. 133. Original bequest not affected by invalidity, of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "113", "domain": "inheritance", "chunk_id": "The Indian Successio_c6"}}
{"text": "over, conditional upon happening or not happening of specified uncertain event. 132, Condition must be strictly fulfilled. 133. Original bequest not affected by invalidity, of second. 134. Bequest conditioned that it shall ceaso to have effect in case a specified uncertain ovent shall happen or not happen. 135. Snel condition must not be invalid under section 136. Result of legatco rendering impossible or indefi- nitely postponing act for which no time specified, and on non-performance of which subject-matter to go over. 137. Performance of condition, precedent or subsequent, within specified time. Further timo in case of fraud. CaarTer XII. Of Bequests with Directions as to Application of Enjoy- ment, 138, Direction that fund be employed in particular \u201cmanner following absolute bequest of same to or for benefit of any person. 139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatec. 140, Bequest of fund for certain purposes, somo of which cannot be fulfilled. CHapPTer XIII. Of Bequests to an Exceuter. 141. Legatee named as executor cannot take unless he shows intention to act as cxecutor. Coaprer XIV. Of Specific Legacies. 142. Specific legacy defined. 143, Bequest of certain sum where stocks, ete, in which invested are desctibed. 144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind. 145. Bequest of money where not payable until part of testator\u2019s property disposyd of in certain way. 146. When enumerated articles not deemed specilically", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "136", "domain": "inheritance", "chunk_id": "The Indian Successio_c7"}}
{"text": "kind. 145. Bequest of money where not payable until part of testator\u2019s property disposyd of in certain way. 146. When enumerated articles not deemed specilically bequeathed, : 147. Retention, in form, of specific bequest to several persons in succession. 148. Sala and investment of proceeds of property bequeathed to two or more persons in stieces- sion. 149. Where deficiency of asscts to pay legacies, specific legacy not to abate with general legacics. _ Carrer XY. Of Demonstrative Legacies. 150, Demonstrative legacy defined. 161. Order of payment when legacy directed to be paid out of fund the subject of specific legacy. Wa2 25 r THE GAZETTE OF INDIA, OCTOBER 10, 1925. EPs . 72 \u2014 \u2014\u2014 CHAPreR XXI, aa Of Legacies to Creditors and Portionerg, {ion o, : Of Adempti ctiusts, | Cnses. aoneniiinel 177. Sc prima facie entitled to legacy ag Well aj \u00ab x EaD : ebt. tion of demonstrative legacy. . . . . 153. Non: ademp ion fo bequest of right to reccive 178. Child prima facie entitled to legacy as wel] 8 nor. 154. Ademption of specific beq tion. something from third party. ot of part Te area nag specail toyuetied, 1\" Ltt eral ed i ets poction lina beo lt cally bequeathed. Tots Graly, Deiieatiad to ou lege, anid Vaany h d on samo fund to another, and testator having recoived portion of that fund, remainder insufficient to pay both legacies. 158. Ademption where stock, specifically bequeathed, does not exist at testator\u2019s death, 169. Ademption", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c8"}}
{"text": "recoived portion of that fund, remainder insufficient to pay both legacies. 158. Ademption where stock, specifically bequeathed, does not exist at testator\u2019s death, 169. Ademption pro tanto where stock, specifically beqitathat exista in part only at testator\u2019s death. 160. Non-ademption of specific bequest of goods de- scribed as connected with certain place, by reason of removal. 161. When removal of thing bequeathed docs not constitute ademption. 162. When thing bequeathed is a valuable to be re- ceived by testator from third person ; and testa- tor himself, or his representative, roceives it. 163. Change by operation of law of subject of specific bequest between date of will and testator\u2019s death, 164. Change of subject without tostator\u2019s knowledge. 165. Stock specifically bequeathed lent to third party on condition that it be replaced. 166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death, Caaprer XVII. Of the pryment of liabilities in respect of the subject of a . bequest, 167. Non-liability of executor to exonerate specific legatees, . 168. Completion of testator\u2019s title to things bequeath d to bo at cost of his estate, anes \u00b0 169. Exoneration of legatec's immoveable property for ei land revenue or rent payable \u2014 periodi- cally, 170, Exoneration of specific legateo\u2019s stock in joint stock company, Cuarren XVII. Of Bequests of things described in General Terms, 171. Bequest of thing described in &eneral terms, Cusrrer XIX, Of Bequests of the J nterest or Produce ofa Fund 172, Bequest of interest or Produce", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c9"}}
{"text": "Bequest of thing described in &eneral terms, Cusrrer XIX, Of Bequests of the J nterest or Produce ofa Fund 172, Bequest of interest or Produce of fund, Cuarten XX. Of Bequests of Annuities, 173. Annuity created by will i payable for lif unless contrary intention apatate by wi Ji4. Period of vesting where will directs that annuit: be provided out of Proceeds of Property, or she of property eencrally or where money bequeath. to be invested in Purchase of annuj nnuity. 175. Abatement of annuity, \u201d 179. No ademption by subsequent provision for legates CaaPreR AXII, Of Election 180. Circumstances in which election takes place, 181. Dovolution of interest relinquished by owner, 182, Testator\u2019s belief as to his ownership immaterial, 183. Bequest for man's benefit how regarded for Pur. pose of election. . 184. Person deriving benefit indirectly not Put to elec. tion, 185. Person taking in individual capacity under wil} may in other character clect to take in Opposi. tion. 186. Exception to provisions of last six scctions, 187, When acceptance of benefit given by will consti. tutes election to take under will. . 188. Circumstances in which knowledge or waiver is presumed or inferred. 189. When testator\u2019s representatives may call upon legatee to elect, 190. Postponement of clection in case of disability, CHarrer XXIII. \u00ae Of Gifts in Contemplation of Death. 191. Property transferable by gift made in contempl- tion of death. PART VII. PRorection or Paorenty or DECEASED. 192. Person claiming right by succession to property of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c10"}}
{"text": "transferable by gift made in contempl- tion of death. PART VII. PRorection or Paorenty or DECEASED. 192. Person claiming right by succession to property of deceased may*apply for relief against wrongful possession, 193. Inquiry made by Judge. 194. Procedure. 195. Appointment of curator pending determination of procecding, 108. Powers conferablo on curator, 197. Prohibition of exercise of certain powers by cura- tors. Payment of debts, ete., to curator. 108. Curator to give security and may receive remu- neration. 199. Report from Collector where estate includes reve nue-paying land. 200. Institution and defence of suits. 201. Allowances to Apparent owners pending custody by curator. 202. Accounts to be filed by curator. 203. Inspection \u2018of Accounts and right of interested Party to keep duplicate, 204. Bar to \u201cppointment of second curator for $49 Property, 205. Limitatibn of time for app.ication for curater: 206. Bar to enforcement of Part siraj ublie settle gainst p ment or leral directions by deceased. an v] par! oe THE GAZETTE OF INDIA, OCTOBER 10, 1925. 13 ae Se , | to be made curator in caso of a Coutt of Abetee property subject to its jurisdic. ie pinors io y a pind FBO jp right to bring suit. goving OP _\u2014 a t of decision ofsummary p . | ee of public curators. a0. 3P \u2014_\u2014__- PART VIII. PERTY OF DEOCE meter and property of cxcoutor or adminis- ail. oeot ag such. oj, Right to intestate\u2019s property. . a Right 98 executor or Iegateo when established. representative", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c11"}}
{"text": "and property of cxcoutor or adminis- ail. oeot ag such. oj, Right to intestate\u2019s property. . a Right 98 executor or Iegateo when established. representative title a condition precedent i ln through the Courts of debts from debtors of deceased persons. a5, Effect on certificate of subsequent probate or oe etters of administration. aj. Grantee of probate or administration alone to gue, etc. until same revoked. PART IX. Prone, LETTENS OF ADMINISTRATION AND ADMINIS- TiTioN OF ASSETS OF DECEASED. 27, Application of Part. Cuaprer I. Of Grant of Probate and Letters of Administration, 218, To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. 219, Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. 2%). Effect of letters of administration. 21, Acta not validated by administration. *2. Probate only to appointed executor. 3, Persons to whom probate cannot bo granted, 2U. Grant of probate to several executors simul- tancously or at different times. 235, Separate Probate of codicil discovered after grant of probate, 236, 5 Accrual of representation to surviving executor. * Effect of probate, Ss tration with copy annexed of authenti- \u00a2d copy of will proved abroad. Grant of se ad : tou where executor has not 23, . Fo . \"M and effect of renunciation of executorship. Ure where executor renounces or fails to ray) aoe within time limited. is of administration to universal residuary\u2019 \u20acgatees, \u00bb Rie\u2019 ie to administration of representative of 3h Gr", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c12"}}
{"text": "or fails to ray) aoe within time limited. is of administration to universal residuary\u2019 \u20acgatees, \u00bb Rie\u2019 ie to administration of representative of 3h Gr residuary legatec. er of administration where no exccutor, nor legates > legatee, nor representative of such Other th, g-ant of administration to legatee 36. Te 40 universal or residuary. Ww ~~ hom Administration may not be granted. Of the practice in gr Cuarrer II, Of limited Grants. Grants limited in duration. Clauses. 237. Probate of copy or draft of lost will. 238. Probate of contents of lost or destroyed will, 239. Probate of copy where original exists. 240. Administration until will produced. Grants for the use and benefit of others having right. 241. Administration, with will annexed, to attorney of absent executor. 242. Administration with will annexed to attorney of absent person who, if present, would be entitled to administer. > 243. Administration to attorney of absent person entitled to administer in case of intestacy, 244, Administration during minority of sola exeoutor or residuary legatee. 245. Administration during minority of several exe- cutors or residuary legatecs. 246, Administration for use and benefit of lunatic or minor. 247, Administration pendenie lite. Grants for special purposes, 248. Probate limited to purpose specified in will. 949, Administration, with will annexed, limited to particular purpose. 250. Administration limited to property in which person. has beneficial interest. 251. Administration limited to suit. 252, Administration limited to purpose of becoming party to suit to be brought against adminis- trator, 253. Administration", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c13"}}
{"text": "beneficial interest. 251. Administration limited to suit. 252, Administration limited to purpose of becoming party to suit to be brought against adminis- trator, 253. Administration limited to collection and preserv- ation of deceased's property. 264. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration. Grants uith exception. = * 235, Probate or administration, with will annexed, subject to \u00e9xception. 256. Administration with exception. Grants of the rest. 957. Probate or administration of rest. Grant of effects unadministered. 958. Grant of effects unadministered 259, Rules as to grants of effects unadministered. 960. Administration when limited grant expired and still some part of estate unadministered. Cuarter III. Alteration and Revocation of Graats. 961. What errors may be rectified by Court. 962, Procedure where codicil discovered after grant of administration with will annexed. 963. Revocation or annulment for just cause, Carter IY. anting and revoking Probates and Letters of Administration. oG4, Jurisdiction of District Judge in granting and revoking probates, etc. 965. Power to appoint Delegate of District Judge to deal with non-conteutious cascs. 14 THE GAZETTE OF INDIA, OCTOBER 10, 1925. 7 CHAPTER V. aia Bad Judge's powers as to grant of probate and Of executors of their own wrong. administration. C1 duce uses. 267. District Judge may order person \u201cpew 903. Executor of his own wrong. aeadind EPID Court in relation i istrict Judgo\u2019s Court in rela ms rages te a itiieera lon, 989. When and how District Judge to interfere for protection", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c14"}}
{"text": "Court in relation i istrict Judgo\u2019s Court in rela ms rages te a itiieera lon, 989. When and how District Judge to interfere for protection of property. 270. When probate or administration may be granted by District Judge. sal of application mado to Judgo of district 1. Dis am in which deceased bad no fixed abode. 272. Probate and letters of administration may bo granted by Delegate. \u00ab 273, Conclusivencss of probate or letters of adminis- tration. 274. Transmission to High Courts of certificate of grants under proviso to section 273. 275. Conclusivencss of application for probate or ad- ministration if properly made and verified. 276. Petition for probate. 277. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator, 278, Petition for letters of administration. 279. Addition to statement in petition, etc., for pro- bate or letters of administration in certain cases. 280. Petition for probate, eto., to be signed and verified, 281. Verification of petition for probate, by one witness to will. - 282. Punishment for false averment in petition or declaration. 283. Powers of District Judge. 284. Caveats against grant of probate or administra- tion. Form of caveat. 285. After entry of caveat no proceeding taken on petition until after notice to caveator. 286. Districk Delegate when not to grant probate or administration. 287. Power to transmit statement to District Judge in doubtful cases where no contention. 288. Procedure where there is contention, or District Delegate thinks", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "273", "domain": "inheritance", "chunk_id": "The Indian Successio_c15"}}
{"text": "administration. 287. Power to transmit statement to District Judge in doubtful cases where no contention. 288. Procedure where there is contention, or District Delegate thinks probate or letters of adminis- tration should be refused in his Court. 289. Grant of probate to be under ecal of Court. 290. Grant of letters of administration to be under seal of Court. 201. 292. Assignment of administration-bond. 293. Time for grant of probate and administration, 204. \u2014 Administration-bond. - Filing of original wills of which proba tni i i , te ; tration with will annexed erantel adratis \u2014 . . 205. Procedure in contentions cases, 206. Su , ice of revoked probate or letters of adminis. 297. Payment to executor ini \u2018 \u2019 or administrat probate or administration revoked, om ene 208. Power to refuse letters of administration 239. Appcals from orders of District Judge 300. Concurrent jurisdiction of High Court, 301. Removal of . Jp exceutor or admi ist vision for successor, \u2018nistrator and pro- 302. Directions to exccutor or administrator 304. Liability of executor of his own Wrong, Cuaprer VI. Of the powers of an Executor or Administrato, 305. In respeot of causes of action surviying q and rents duo at death. B decease 306. Demands and rights of action of or against doe survive to and against executor or administy, tor. - S 307. Power of executor or administrator to dispose of property. 308. Gencral powers of administration, 309. Commission or agency charges. 310. Purchase by executor or administrator", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c16"}}
{"text": "Power of executor or administrator to dispose of property. 308. Gencral powers of administration, 309. Commission or agency charges. 310. Purchase by executor or administrator of de. ceased\u2019s property. 311. Powers of soveral executots or administrator; exercisable by onc. 312, Survival of powers on death of ono of sever] exccutors or administrators, 313. Powers of administrator of effects unadminis. tered. 314. Powers of administrator during minority, 315. Powers of married excoutrix or administratriz, Cuarter VII. Of the Duties of an Executor or Administrator, 316, As to deceascd\u2019s funcral. 317. Inventory and account. 318, Inventory to includo property in any part of British India in certain cases. 319. As to property of, and debt owing to, deceased. 320, Expenses to be paid before all debts. 321. Expenses to be paid next after such expenses. 322, Wages for certain services to be next paid, and then other debts. 323. Save as aforesaid, all debts to be paid equally and rateably, 324. Application of moveable property to payment of debts where domicilo not in British India. 325. Debts to bo paid before legacics. 326, Executor or administrator not bound to py Iegacics without indemnity. 327. Abatement of general legacies. 328. Non-abatement of specific legacy when ost sufficient to pay debts. 329, Right under demonstrative legacy when assets sufficient to pay debts and necessary expens* 330. Rateable abatement of specific legacies. 331. Legacies treated as general for purpose of abate ment. Cuaprer VIII. Of assent toa lequey by Executor or Administrator. 332, Assent necessary", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c17"}}
{"text": "specific legacies. 331. Legacies treated as general for purpose of abate ment. Cuaprer VIII. Of assent toa lequey by Executor or Administrator. 332, Assent necessary to complete legatce's title. 333. Effect of executor\u2019s assent to specific legsey+ 334, Conditional assent. 335. Assent of exeoutor to his own legacy: 336. Effect of Cxecutor\u2019s assert, 337. Exccutor when to deliver legacies. pst v) ; 1 THE GAZETTE OF INDIA, OCTOBER 10, 1935. 75 d Apportionment of Annuities, payment an oy \u2018 Coe pmencement of annuity wien no time fixed by i ail uity. ann : 3. hs falls due. of successive payments when first payment 0. Dates ted to be made within given time or on day dire. death of annuitant bcfore date of pay- cortaiD * ment. to be paid quarterly or monthly, CyHarTER X. Of the Investment of Fu nds to provide for Legacies, Investment of sum bequeathed where legacy, not : specific, given for life. estment of general Iegacy to be paid at future 2. i : disposal of intermediate intercat. ure when no fund charged with, or appro- priated to annuity. Transfer to residuary legatee of contingent bequest. 445, Investment of residue bequcathed for life, without direction to invest in particular securities. 41, Investment of residue bequcathed for life, with direction to invest in specified sccuritics, 347, Time and manner of conversion and investment. 348, Procedure where minor entitled to immediate payment or possession of bequest, and no direc- tion to pay to person on his behalf. Cuarrer", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c18"}}
{"text": "investment. 348, Procedure where minor entitled to immediate payment or possession of bequest, and no direc- tion to pay to person on his behalf. Cuarrer Xi. Of the Produce and Inlerest of Legacies. 39, Legatec\u2019s title to produce of specific legacy. 350. rai ia legatee\u2019s title to produce of residuary und. 31, oe when no time fixed for payment of general egacy. 452. Interest when time fixed. 353. Rate of interest. 354..No interest on arrears of annuity within first year after testator\u2019s death. * 355. Interest on sum to be invested to produce annuity. CHaPTerR XII. o Of the Refunding of Legacies. os Refund of legacy paid under Court\u2019s orders. ~No refund if paid voluntarily. 358, Refund when legacy has become due on per- Tanes of condition within further time alowed under section 137. 38. When cach Je tee . . Portion. gatee compellable to refund in pro 369, \u2014 may call upon legatce to refund. an legatee, not satisfied or compelled to ae Section 3 i id in full to refund. 61, cannot oblige one pal | a unsatisfied legatee must first proceed 364, + executor, if solvent. 365, ae refunding of ono legateo to another. nis to be without interest dag iter usual payments to be paid to re- \u201c07, ica or admin Assets from British India to erie istrihution i domicile for distribution in country of do Of the Liability of an CHaprer XIII. Executor or Administrator for Devas- tation, Clauses. 368. Liability of executor or administrator", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "137", "domain": "inheritance", "chunk_id": "The Indian Successio_c19"}}
{"text": "distribution in country of do Of the Liability of an CHaprer XIII. Executor or Administrator for Devas- tation, Clauses. 368. Liability of executor or administrator for devas- tation. 369, Liability of executor or administrator for neglect to get in any part of property. PART X. Succession CERTIFICATES. 370. Ber intion on grant of certificates under this art. 371. Court having jurisdiction to grant certificate.? 372, Application for certificate. . 373. Procedure on application. 374. Contents of certificate. . 375. Requisition of security from grantee of certifi- cate. 376, Extension of certificate. 377. Forms of certificate and extonded certificate. 378. Amendment of certificate in respect of powers as to securities. 379. Mode of collecting Court-fees on certificates. 380, Local oxtent of certificate. 381. Effect of certificate. 382, Effect of certificate granted or extended by British representative in Foreign State 383, Revocation of certificate. 384. Appeal 885. Effect on certificate of previous certificate, pro- bate or letters of administration. 386. Validation of certain payments made in good faith to holder of invalid certificate. 387. Effect of decisions under this Act, and liability of holder of certificate thereunder. 388. Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act. 389. Surrender of superseded and invalid certificates. 390. Provisions with respect to certificates under Bombay Regulation VIII of 1827. PART XI. MISCELLANEOUS. 891. Saving. 392. Repeals. SCHEDULES. Sonepute I.\u2014Table of Consanguinity. Souepute II.\u2014 Part I.\u2014Order of next-of-kin in caso of Parsi intestates referred to in section 55 (6). Part U", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "55", "domain": "inheritance", "chunk_id": "The Indian Successio_c20"}}
{"text": "Repeals. SCHEDULES. Sonepute I.\u2014Table of Consanguinity. Souepute II.\u2014 Part I.\u2014Order of next-of-kin in caso of Parsi intestates referred to in section 55 (6). Part U .\u2014Order of next-of-kin in case intestates referred to in section 56. of Parsi ScuEpuLe I1.\u2014Provisions of Part VI applicable to certain Wills and Codicils described in section 57. Scuepute 1V.\u2014Form of Certificate. - SconepuLe V.\u2014Form of Caveat. Scuepute V1.\u2014Form of Probate. Screpute VII.\u2014Form of Letters of Administration. Scuepute VIIL\u2014Forms of Certificate ond Extended Certificate. Sonzpute [X.\u2014Enactments Repealed. THE GAZETTE OF INDIA, OCTOBER 10, 1925. { Pane 76 a - . it . \u2018- . An Act to consolidate the law applicable to intestate ae autte wont ; ns cr any, A edi and testamentary succession in British India. Honed inthe ortet | = it is expedient to consolidate the law 2) The Local Government may, } | applicable tointestate and Ce ee etait + wtienien revoke any such stile of + : in British India ; It is hereby enacted as Lollows :-\u2014 PART I. PRELIMINARY. 1. This Act may be called the Indian Succes- Short title, sion Act, 1925, 2. In this Act, uuless there is anything repug- \u00a9 Definiti nant in the subject or \u2122 context,\u2014 (2) \u201cadministrator\u201d means a person ap- pointed by competent authority to ad- minister the estate of a deceased person when there is no executor ; (5) \u201ccodicil \u201d means an instrument made in relation to a will, and explaining, alter- ing or adding to its dispositions, and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "55", "domain": "inheritance", "chunk_id": "The Indian Successio_c21"}}
{"text": "no executor ; (5) \u201ccodicil \u201d means an instrument made in relation to a will, and explaining, alter- ing or adding to its dispositions, and shall be deemed to form part of the will ; (c) \u201cexecutor\u201d means a person to whom the execution of the last will of a deceased person is, by the testator\u2019s appointment, confided ; (\u00a2) \u201cIndian Christian\u201d means a native of India who is, or in good faith*claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion ; (e) \u201cminor\u201d nicans any person subject to the Indian Majority Act, 1875, who hes not attained his majority within the meaning of that Act, and any other pers\u00e9n who has not completed the age of eighteen years; and \u201cminority \u201d means the status of any such person : (f) \u201cprobate\u201d means the copy of a will certi- fied under the seal of a Court of com- petent jurisdiction with a grant of ad- ministration to the estate of the testator ; (9) \u201cprovir.ce\u201d includes any division of Britizh India having a Comt of the last resort; and IX of 1876, * (h) will 1 incens the legal declaration \u2018of the Intention of a testator with resnect to his property which he desires to} i into effect after his death. esis 8. (1) The Local Government may, by notifi- Power of Local Gov. Cation in the local offic; \u2014\u2014 i ant any Gazette, either silibines the territories cdmim tively frota the sixteenth", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c22"}}
{"text": "by notifi- Power of Local Gov. Cation in the local offic; \u2014\u2014 i ant any Gazette, either silibines the territories cdmim tively frota the sixteenth istered bs th Local Gov. day of March, 1865 Ae Om OFaration of op prospectively, exempt fom the og i of any of the followin Provisions of thie Aer namely, rections 5 to 49, 58 to 191, 979 213 and 215 to 369, tae embers of any neck \u00a9 tribe in the Province, or of any part of \u00ae sect or tribe, to Whom the Local that the revocation shall have Tetrospectiy effect. . (3) Persons exempted under this Section 4 exempted from the operation of any of the Bie. visions of the Indian Succession Act, 1865, unde section 332 of that Act are in this Act referral to as \u201c exempted persons \u201d, PART II. Or Domictte, 4. This Part shall not apply if the deceased Was at a Hindu, Muhamma Application of Part. Buddhist, Sikh or a 5. (1) Succession to the immoveable Property in British India of g person deceased shall be regulated by the law of British India, wherever such person may have had his domicile at the Law regulating sue- cession to deceased per- son\u2019s immoveable and moveable property rea- pectively. time of his death. (2) Succession to the moveable property ofa person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations. (i) A, having his", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "4", "domain": "inheritance", "chunk_id": "The Indian Successio_c23"}}
{"text": "regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations. (i) A, having his domicile in British India, dies in Franc. Jeaving moveable property in France, moveable property 12 England, and property, both moveable and immoveable, ia British India, The succession to the whole is regulated by the law of British India, ._ (ii) A, an Englishman, having his domicile in France, dits in British India, and leaves property, both moveable an] immoveable, in British India. Tho sucecssion to the mort: able property is regulated by the rules which gover, France, the succession to the moveable property of an Enz: lishman dying domiciled in France, and the succession to th? immoveable property j . f Br India. Property is regulated by the Jaw o 6. A person can have only one domicile for Ono = domicilo only the purpose of the suc affects succession \u2014 to cession to his moveable moveables, property. 7. The domicile of origin of every person a Domicile of origin of legitimate birth is i ne ith \u00b0F ~\u2014segitimate \u201ccountry in which ab the . time of his birth i ther was domiciled ; or, if he is a posthumol\u00ae child, in the country in which his father \u2122* domiciled at the time of the father\u2019s death. Mlustration, welee Hime of the birth of A, his father was donsiciled i pagan, A's domicile of \u2018origin is in Encland, whalers hay be the country in Which", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c24"}}
{"text": "of the birth of A, his father was donsiciled i pagan, A's domicile of \u2018origin is in Encland, whalers hay be the country in Which Le was born, THE GAZETTE OF INDIA, OCTOBER 10, 1995, \\ st Vv] 77. a nin of an illegitimate ursuange of hi ; . g, The domicile child is in the country in nee ae sppointment a does any other Bae GB which, at the time of his residing. with auch. fist mentionel mason only of posile of one birth, his mother was of his family, or as.aservant person as part eygiuimat\u00ae a domiciled. , jomicle of origin prevails until a new 18. A new domicile continues, until the former 9. The 0 ; domi- domicile has been ac- Gad domicile has been resum- Oe ; quired. micite, FP G% ed or another has been 0 ee = iat acquires @ new domicile by taking acquired. ; 40. A up his fixed habitation 14. The domicile of a minor follows the domi- ew in a country which\u2019 is cile of th f seqastion \u00ab=F Ot that of his domicile Minor\u2019s domicile Pee donial of origin. -on\u2014A man is not to be deemed to Epon up his fixed habitation in British have ely by reason of his residing there in India ivil or military service, or in the jesty 8.\u00a2 : 7 sie oy profession or calling. Illustrations, icilo of origin is in England, proceeds to (i) Ay are ie 7a ieee or a lorstiant: Bais", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c25"}}
{"text": "7 sie oy profession or calling. Illustrations, icilo of origin is in England, proceeds to (i) Ay are ie 7a ieee or a lorstiant: Bais In to reside there during the remainder of his life. iaeaeilo is now in British Indio, : <\u00a2 domicile is in England, goes to Austria, and fo ate Austrian service, intending to remain in that wmice. A has acquired a domicile in Austria. (iii) A, whose domicile of origin is in France, comes to reside +, British India under an engagement with the Government d India for a certain number of years. It is his intention tp retum to France at the end of that period. He does not xquiro a domicile in British India. tir) A, whose domicile is in England, goes to reside in British India for the purpose of winding up the affairs of a partnership which has been dissolved, and with the inten- tion of returning to England as soon as that purpose is ucomplished, He docs not by such residence acquire a domicile in British India, however long the residenco may ut, (t) 4, having gone to reside in British India in the drumstances mentioned in tho last preceding illustration, aterwards alters his intention, and takes up his fixed habi- ai in British India, A has acquired o domicile in ntish India, (ri) A, whose domicile is in the French Scttlement of demagore, is compelled by political events to take Thugs in Calcutta, and resides in Calcutta for many years", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c26"}}
{"text": "domicile is in the French Scttlement of demagore, is compelled by political events to take Thugs in Calcutta, and resides in Calcutta for many years inthe hope of such political changes as may enable him fo retum with safety to Chandernagore. He does not by Reb residence acquire a domicile in British India. (rit A, having come to Calcuttain the circumstances tated in the Inst preceding illustration, continues to reside \u2018re after such political changes have occurred as would table him to return with safcty to Chandernogore, and he oe that his residence in Calcutta shall be permanent. acquired a domicile in British India. 1f. Any person may acquire a domicile in Srecal British India by making itine der moue Of ace d depositing in some Qtiting damian c- and depositing \u2014 1 thing mille in Brit- office in British India, by th appointed in this behalf : Local Government, a declaration in writing dome hand of his desire to acquire such in \u201ci \u00ae; provided that he has been resident ~ntish India for one year immediately pre- \u201cing the time of his making such declaration. 12, | A person who is appointed by the Govern- 1 Donicite ment of one country to be Sidcneo ag foe, its ambassador, consul or teat oe forei \u201d other representative 1m \u2018It or 20 Govern. tegy \u201cT 83 part of mis another country does not le acquire a domicile in the of ohn ; \u201cuntry by reason only of residing there in whom", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c27"}}
{"text": "part of mis another country does not le acquire a domicile in the of ohn ; \u201cuntry by reason only of residing there in whom he derived his domicile of origin. Lxcoption.\u2014The domicile of a minor does \u2018not vhange with that of his parent, if the minor is married or holds any office or employment in the service of. His. Majesty, or has set, up, with the consen.of the parent, in any distinct business, 15, By marriage:a woman acquires the domicile of her husband, if she Domicile acquired, b ici Jointaom mas ae y a aa the same domicile a 16. A wife\u2019s domicile during her marriage Wifo's domicile during follows the domicile of her murriage, \u2018husband. Ezception;-\u2014The wife's domicile no longer follows that of her husband if they are separated by tle sentence of a competent Court, or if the husband is undergoing a sentence of transporta- tion. 17, Save, as. hereinbefore otherwise provided in this Part, a person cannot, Minor's eaves of, during minority, acquire new: demier's: a, new domicile. 18. An insane person cannot dcquire a new domicile in any other way acquisition than by his domicile fol- lowing the domicile of another person. Lunatic\u2019s . of now domicile, 19. If a person dies leaving moveable property . in British India, in the Succession to movenblo property in British India absence of proof of any in absenco of proof of domicile elsewhere, suc- domicile clsowhere. cession to the property is regulated by the law of British India.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c28"}}
{"text": "proof of any in absenco of proof of domicile elsewhere, suc- domicile clsowhere. cession to the property is regulated by the law of British India. PART III. MARRIAGE. ~ 20. (1) No person shall, by marriage, acquire any interest in the pro- Interests and powers not acquired nor lost by marmage. perty of the person whom he or she marries or be- incapable of doing any act in respect of his oe her om property which he or she could have done if unmarried. (2) This section\u2014 (a) shall not apply to any marriage contracted before the first day of January, 1866; 1Vz 18 \u2014\u2014- + er (6) shall not apply, and shall be deemed never to have applied, to any mariage : both of the parties to which profes the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion. 7 domicile is not in British 21. Ifa person whose aia marries in British Effect of marriage between India a person whose er domiciled anh ee not domicile is in British mci ip RAGS ae India, neither party ace uires by the marriage any rights in respect 0 any mropatty of the other party not comprised. in a settlement made previous to the marniage, which he\u2018or she would not acquire thereby if both were domiciled in British Indio at the time of the marnage. ; 22. (1) The property of a minor may be settled Settlement of minor\u2019s pro- 12 contemplation of perty in contemplation of marnage,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c29"}}
{"text": "the marnage. ; 22. (1) The property of a minor may be settled Settlement of minor\u2019s pro- 12 contemplation of perty in contemplation of marnage, provided the jibe settlement is made by the minor with the approbation of the minor's father, or, if the father is dead or absent from British India, with the approbation of the High Court. (2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina. PART IV. . Or ConsANGUINITY. 23. Nothing in this Part shall apply to any will _ made or intestacy occur- Applicat al-Bach ring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muham- madan, Buddhist, Sikh, Jaina or Parsi. 24, Kindred or consanguinity is the con- .., nection or relation of per- Kindred or consanguinity. gong descended from the same stock or common ancestor. 25. (1) Lineal consanguinity is that which sub- Lineal co inity. sists between two per- \u00b0 sons, one of whom is des- cended in a direct line from the other, as between & man and his father, grandfather and great-grand- father, and so upwards in the direct ascendi line ; or between a man and his son, grandson, great-grandson and so downwards ; i Sesoecling inn Tas in the direct (2) Every gencration constitutes a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "21", "domain": "inheritance", "chunk_id": "The Indian Successio_c30"}}
{"text": "or between a man and his son, grandson, great-grandson and so downwards ; i Sesoecling inn Tas in the direct (2) Every gencration constitutes a either ascending or descending, (3) A person\u2019s father is related to him j fret degree, and so likewise is his son ; his ae father and grandson in the second degree: his great-grandfather and preat- deon 3 degree, and so on. great-grandson in\u2018 the third 26. (1) Collateral Consanguinity is that which subsists betw. , Collateral consanguini een two per- om the same stock ancestor, but neither of whom ; Ock OF * . 0 . direct line from the other, m 18 descended in a degree, THE GAZETTE OF INDIA, OCTOBER 10, 19265. ee eee 7 = [ Parr py Pima ge 2) For the purpose of ascertaining jy aes of kindred any collateral relative stank a person deceased, it is necessary to reckon Upward, from the person deceased to the common 5 and then downwards to the collateral Telative, degree being allowed for cach person, both ascent ing and descending. 27. For the purpose of succession, there js no Persons held for purpose distinction\u2014 of succession ta bo similarly related to.deccased. (a) between those who are related to a Person deceased through his father, and those who are related to him through his mother ; or . (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood Or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c31"}}
{"text": "between those who are related to a person deceased by the full blood, and those who are related to him by the half blood Or (c) between those who were actually born jp the lifetime of a person deceased and those who at the date of his death wer only conceived in the womb, but who have been subsequently born alive, 28. Degrees of kindred are computed in the chal ting of do manner set forth in the ode of compu \u201ctable of kindred set out greea of kindred. in Schedule I. Illustrations. (i) Tho person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in tho fourth degree ; there being ono degree of ascent to the father, and anothor to the common ancestor, tho grant: father; and from him one of descent to the uncle, and another to the cousin-german, making in all four degrecs. (ii) A grandson of the brothor and o son of the uncle, f.\u00a2., O great-nophow and o cousin-german, are in equal degree being each four degrees removed, (iit) A grandson of a cousin-gorman is in tho samo degree as the grandson of a great-unclo, for they aro both in the sixth degree of kindred, PART V. Intestate Succession. CHAPTER I. Preliminary. 29. (Z) This Part shall not apply to any intestacy occurring before the fist day of January, 1866, o to the property of any Hindu, Muhammadal, Buddhist, Sikh or Jaina. (2) Save", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c32"}}
{"text": "to any intestacy occurring before the fist day of January, 1866, o to the property of any Hindu, Muhammadal, Buddhist, Sikh or Jaina. (2) Save as provided in sub-section (1) or by any other law for the time being in force, the pr visions of this. Part shall constitute the law \u00b0 British India in all cases of intestacy. 30. A person is deemed to die intestate in *t spect of all property \u00b0 whick he has not mde testam\u00e9ntary disposit! Which is capable of taki3\u00e9 effect. Application of Part As to what ro deceased considered to'hnes died intestate, ysl] i THE GAZETTE OF INDIA, OCTOBER 10, 1995. 79 ations jelt 20 will. Ho has dicd intestate in respect of hss : : Y 0 ilo of his Property ; ; : ee will, whoroby he has appointed B hjs exeou- \u2018i jhas! \u2018rll contains no other provisions. A has died put _ speat of tho distribution of his property, in thed his whole property for an illegal pur- wii) body ntostato in respect of tho distribution of his pe y poet thed 1,000 rupees to B and 1,000 rupees to (i) Abas bea mand has made no other bequost ; and has be eldest one sum of 2,000 rupees and no other proporty. ded leasing \u2018A without having ever had a son. A has died gdied bIOM Spout of tho distribution \u2018of 1,000 rupess. testa . CHAPTER II. noves IN cases OF INTESTATES OTHER THAN Parsis. 31, Nothing in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c33"}}
{"text": "died gdied bIOM Spout of tho distribution \u2018of 1,000 rupess. testa . CHAPTER II. noves IN cases OF INTESTATES OTHER THAN Parsis. 31, Nothing in this Chapter shall apply to Chapter not to apply Parsis, to Parsis. 32. The property of an intestate devolves upon euch the Wife or husband, or upon those who are of the kindred of the deceas- cd, in the order and according to the rules here- inafter contained in this Chapter. Terolution of property. Explanation\u2014A widow is not entitled to the provision hereby made for her if, by a valid con- tract made before her marriage, she has been excluded from her distributive share of her hus- band\u2019s estate. 33. Where the intestate has left a widow\u2014 Where intestato has left mow and lineal tcendants, or widow wd kindred only, widow and no SGndrede (a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, accord- ing tothe rules hereinafter contained ; () if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the Tules hereinafter contained; . (c) if he has left none who are of kindred to him, the whole of his property sha elong to his widow. 34, Where", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c34"}}
{"text": ". (c) if he has left none who are of kindred to him, the whole of his property sha elong to his widow. 34, Where the intestate has left no widow, his ent intestate hag Property shall go to his \u2018here he Yitow, and lineal descendants or to . ss left no those who are of kindred Cseeng - to him, not being lineal CRtainea ts, acca.ding to the rules hereinafter kindred te\u2019 and, if he has left none who are of him, it shall go to the Crown. 35. A husband surviving his wife has the Rights of widower. same rights in respect of her . property, if she dies intestate, aS a widow ha; im respect of her husband\u2019s pro- perty, if he dics intestate. Distribution where there arc lineal descendants. 36. The rules for the distribution of the intes- Rules of distribution. tate\u2019s property (after de- ducting the widow\u2019s share, if hehaslefta widow) amongst his lineal descend- . ants shall be those contained in sections 37 to 40. 37. Whcre the intestate has left surviving him Whero intestate hos 2 Child or children, but no left child or children more remote lineal dts- only. cendant through a de- seased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children. 38. Where the intcstate has not left surviving Whore intestate \u2018has him any child, but has left no child, but grand- left a grandchild", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c35"}}
{"text": "children. 38. Where the intcstate has not left surviving Whore intestate \u2018has him any child, but has left no child, but grand- left a grandchild or grand- child or grandchildren. \u00a2hildren and no more remote descendant through a deceased grandchild, - the property shall belong to his surviving grond- child if there is only one, cr shell be equally divided among ell his surviving grandvhildren. Flustrationa. (i) A has threo children, and no more, John, Mary and Henry. They all dio before the father, John leaving two childre, Mary three, and Henry four, Afterwards A dies intestate, leaving those nine grandchildren and no descondant of any deceased grandchild. Each of his grandchildren will have onc-ninth. 3) Butif Henry has died, leaving no child, then the \u2018whole is is divided t between tho intestate\u2019s five grandchildren, the children of Jobn and Mary. 39. In like manner the property shall go to the surviving lineal descend- Whero intestate has left ants who ,are nearest in ony grent-grandcbileren degree to the intestate, on \u201c where they are all in the degree of great-grand- children to him, or are all in a more remote degree. + tostate has left lineal descendants 40. (1) Ifthe intes eee all saad , ites _... the same degree of kind- shar eaianis. a Til red to him, and the in samo degree of kindred persons through whom the oan Ab. ae rene more remote are descend- are dracended are dead. ed from him are dead, the property shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c36"}}
{"text": "kindred persons through whom the oan Ab. ae rene more remote are descend- are dracended are dead. ed from him are dead, the property shall be divided i ach a number of equal shares as may corre- can with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, OF, having = of the like degree of kindred to him, died be ore him, leaving lineal descendants who survive him. : (2) One of such shares shall be allotted to ech of the lineal descendants who stood in ee nearest degree of kindred to the intestate at his ecense i and cne of such shares shall be allotted in respect of each of such deceased lineal dees the share allotted in respect of each of such de- xd li d dants shall belong to his sur- cass arr or ehildren or more remote lineal yiving chil Is? THE GAZETTE OF INDIA, OCTO: 80 BER 10, 1925. [ Pan qy descendants, as the case may be; such ae child or children or sn hi aes day ants always taking the share x ia ead te t or parents would have been i Pepectively if such parent or parents had survived the intestate. Tlustrattons. : John ] three children, John, Mary and Henry ; diel. Poa four children, and Mary died, jeaying one) hon Henry alone survived the father, Onthedeatho ' gn nate one-third is allotted to Henry, one-third", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c37"}}
{"text": "diel. Poa four children, and Mary died, jeaying one) hon Henry alone survived the father, Onthedeatho ' gn nate one-third is allotted to Henry, one-third to Jobn s four ren, and the remaining third to Mary\u2019a ono child. i iid, but left eight grandchildren, and two fie a ide ou grandchild. Tho property 38 divided i to nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally diviaca vevwern tho two at-grandohildren. rk ask three children, John, Mary and Henry; John dies leaving four children ; and ono of John\u2019s children dics leaving two children. Mary dics leaving one child, A afterwards dies intestate. One-third of his Property is allotted to Henry, one-third to Mary's child, an one-third is divided into four one of which is allotted to each of John\u2019s threo surviv- ing children, and the remaining part is equally divided between John\u2019s two grandchildren. (iv) A bas two children, and no mor; John and Mary. John dies Eefore his father, loaving his wifo prognant. Then A dies leaving Mary surviving him, and in due time a child of Jobn is torn. A\u2019s property is to bo equally divided between Mary and the posthumous child. Distribution where there are no lineal descendants. 41, Where an intestate has left no lineal des- cendants, the rules for the Rules of distribution distribution of his proper- whero intestate has left ty (after deducting the i Hee descendants. widow's share, if he has left 2 widow) shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c38"}}
{"text": "distribution distribution of his proper- whero intestate has left ty (after deducting the i Hee descendants. widow's share, if he has left 2 widow) shall be those contained in sections 42 to 48. 42, If the intestate\u2019s father is living, he shall Where intestato\u2019s father Succeed to the property. living. 43. Ifthe intestate\u2019s father is dead, but the in testate\u2019s mother is living aa ee alee cau and there are also brothers brothers and sisters living. OF Sisters of the intestate oo living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares, Illustration. A dics intestate, survived by his mother and two b of tho full blood, John and Henry, and a sister Mary pteles the daughter of his mother but not of his father, Tho mother takes one-fourth, each brother takes ono-fourth and Ma the sister of half blood, takes one-fourth, al 44. If the intestate\u2019s father is dead, but\u2019 the intestate\u2019s mother is Whero intestate\u2019 ae 7 dead and his hives living, and if any brother brother or sister, and chil- or sister and the child or dren of any deceased broth children of any brother ster, - 1 ving or sister who may have _ _, died in the intestate\u2019 ea also living, then the mother and cach lving brother or sister, and the living child or children of each deceased brother or sister, shall he entitled to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c39"}}
{"text": "then the mother and cach lving brother or sister, and the living child or children of each deceased brother or sister, shall he entitled to the property in e ual sh sults (if more than one) takins in equal share, only : \u201ca ear which their respective parents youl \u00e9n if living at the intestate\u2019s IMustration, A, the intesta 1 \u20187 and*Henry, sot Gree he mother, his brothers Jobn id of a deceased sister, Mary, iia es \u2018Idron of Goorgo, a deceased brothor of and te oes the son of his father but not of his we al Tho mothor takes ono-fifth, John and Honry pach we one-filth, tho child of Mary takes ono-fifth, and thy childron of Goorge divide tho romaining ono.ffth eau botweon them. 45, If the intestate\u2019s fathor is doad, but \u00a2, intestate\u2019s mother \u2018 hore intestate\u2019s father living, and the ly pa and his mother and 4 nq Stand nes ate childron of any deceased ead brothor or sister living. but all or any of the ms have left children who survived the intestate, the mother and the chit or children of cach deceased brother or sista, shall be entitled to the property in equal shares ' such children (if more than one) taking in eq ual shares only the shares which their respectiyg parents would have taken if living at the intes. tate\u2019s death. Illustration. A, tho intestato, leaves no brother or sister, but leaves his mothor and ono child of a deceased sister, Mary,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c40"}}
{"text": "the intes. tate\u2019s death. Illustration. A, tho intestato, leaves no brother or sister, but leaves his mothor and ono child of a deceased sister, Mary, and two childron of a deccased brothor, George. Tho mothor takes ono-third, tho child of Mary takes one-third, and tho children of Goorge divide tho romaining ono-third equally botweeg thom. 46, If the intestate\u2019s father is dead, but the intestate\u2019s mother jg living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother. \u00ab47. Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate\u2019s death. Whore intestato\u2019s father dead, but his mothor living and no brother, sister, nophow or niece. Where intestate has loft neither linoal descendant, nor fother, nor mothor, 48. Where the intestate has left neither lineal Where intostato has lett descendant, nor parent, neither ee despendent, nor brother, nor -_ nor parent, nor brothor, hig property shall b\u00e9 nor sister, divided equ ally among those of his relatives who are in the nearest degree of kindred to him. Illustrations. (i) A, tho intestate, has loft a grandfathor and a grand: mother and no other relative", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c41"}}
{"text": "in the nearest degree of kindred to him. Illustrations. (i) A, tho intestate, has loft a grandfathor and a grand: mother and no other relative standing in tho samo oF 4 nearer dogreo of kindred to him. They, being in tho seco\u00ae dogree, Will bo ontitled to tho property in equal shares, 6X\" clusivo of any uncle or aunt of the intestate, uncles and aut being only in the third degree, (ii) A, tho intestate, has left a t-grandfather, oF * Frest-grandmother, and uncles and sated, aad no other tive standing in thosamo orn nearor degreo of kindred to hip. All of thea being in the third degree wil] take equal shares (iif) A, the intestate, left gran unclb an eda eat no relative standice eerie degre? tie et : ma All of theso being in the third degree (iv) Ten children of one b : te, child rother ister of the intests consiinate of another brother or sister of the intestat\u00e9 kindred to hin Class of relatives of Ee nearest degree 6 Property, m They will cach take one-eloventh of yi] THE GAZETTE OF INDIA, OCTOBER 10, 1925, 81 et) distributive share in the property 40. Where 9 ats OF, Person sy has died 1, advancomen\u2019\u00ae intestate isc imed by ont jnto hotchpo a child, or any descend- E ' such person, no money or other pst of 3 cid \u2018atestate may, during his life, propery \u2018 \u2018ven or settled to, or for the advance- pyre pl He il", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c42"}}
{"text": "or other pst of 3 cid \u2018atestate may, during his life, propery \u2018 \u2018ven or settled to, or for the advance- pyre pl He il by whom or by whose descend- gest of, \u2018mis made shall be taken into account sat o ve ng such distributive share. ia \u20ac5 CHAPTER III. gat RULES FOR Parst Inresrates. | , SPE 5 a Parsi dics leaving a widow and 50, Wher art children, the property of pirkion, Hing chid- which he dies intestate - atest shall be divided among radtt dchildren,so that the share of each hall be double the share of the widow, and oe share shall be double the share of cach daughter. \u2014 . 51. Where a female Parsi dies leaving a prion of property widower and children, the ssoar widower and child. property of which she ra of intestate. dies intestate shall be vided among the widower and such children, w that his share shall be doub!e the share of each of the children. 52, When a Parsi dies leaving children but no \u201ca : widow, the property o aS chillten whick he divs Tatectate Se Seta who leaves shall be divided amongst ; the children, co that the ture of each son shall be four times the share of uth daughter, 53. When a female Parsi dies leaving children Disis but no widower, the pro- eat the. ain eo perty of which she dies ob oe who leaves intestate shall be divided , amongst the children in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c43"}}
{"text": "widower, the pro- eat the. ain eo perty of which she dies ob oe who leaves intestate shall be divided , amongst the children in equal shares. : 54. any child of a Parsi intestate has died Diri\u00e9on of pre-decoased U2 bis oF her lifetime, Rete of intestato\u2019s the widow or widower @ vilowor nae widow and issue of such child ret, \u201cNSS of shall take the share which such child would have tas if intestate\u2019s death in suclt immediately sence \u00abdeceased child had died 55, Ww \u00a5 after the intestate\u2019s death. Te a Parsi dies leaving a widow or wtilliving at the of Ton : ra the intestate eet\u2019 \u00ab= Widower, but without \u2018Widow of id tte leaves ] : : ld d- Beal descendacne\u201d butno Jeaving any lineal descen Ws or her father and mother, if both are dean Or one of them if the other is \u2018ac, shall take one moiety of the pro- intest shall ate, and the widow or widower take the other moiety, provided mah Where both the father and the er &r of the intestate survive him or > the father\u2019s share shall be double \u00ae \u00bb \u201ci are of the mother ; et i Nelth\u00e9 the father nor the mother he intestate survives him or her, \u00a9 Intestate\u2019s relatives on the father's in respect of which he or she dies\u2019 side, in the order specified in Part I ot Schedule If, -shal] take the moiety Which the father and the mother would", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c44"}}
{"text": "or she dies\u2019 side, in the order specified in Part I ot Schedule If, -shal] take the moiety Which the father and the mother would have taken if they had survived the intestate. The next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed as that each male shall take double the share of each female standing in the same degree of propinquity ; (c) where there are no relatives \u2018on the father\u2019s side, the intestate\u2019s widow or widower shall take the whole. 56. When a Parsi dies leaving neither lineal : descendants nor a widow ! : \u201c.. next-of-kin, in the order reieeal descendants,\u201d set forth in Part IL of ' Schedule II, shall be entitled to succeed to the whole of the property as to which he or she dies intestate. The next of kin standing first in Part II of the same Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distribut- ed as that each male shall take double the share of each female standing in the same degree of propinquity. . PART VI. | TESTAMENTARY SUCCESSION, CHAPTER I. Introductory. 57. The provisions of this Part which are set Application of certain Gtioeld Schedule tt shall, angela of Part toa class subject to the restrictions of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c45"}}
{"text": "The provisions of this Part which are set Application of certain Gtioeld Schedule tt shall, angela of Part toa class subject to the restrictions of wills made by Hindus, and modifications speci- its fied therein, apply\u2014 (a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day-of September, 1870, within the territories which at the ~ said date were subject to the Lieute- nant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay ; and (b) to all such wills and codicils made out- side those territories and limits so far as relates to immoveable property situ- ate within those territories or limits: Provided that marriage shall not revoke any such will or codicil. part chal _ (1) The provisions of this Part not Bea ) Ateaton of apply to testamentary Part. succession to the pro- perty of any Muhammadan nor, save as provided by eection 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina ; nor shall they apply to any will made before the first day of January, 1866. GAZETT 92 THE E OF INDIA, OCTOBER 10, 1925. a \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014_ \u00ab1.4 in sub-section (Z) or by Save as provided in suD-St0r\u2122 any other tat for the time bemg 12 force, the i itute the law ist \u00a2 this Part shall constitute j British india applicable to all cases of testa", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c46"}}
{"text": "the time bemg 12 force, the i itute the law ist \u00a2 this Part shall constitute j British india applicable to all cases of testa mentary succession. \u2014\u2014\u2014\u2014 CHAPTER I. Or Wits anp CoDICILs. und mind not being 4 nal. Eve Ye a may dispose of aid capable of making yi property by will. \u201ci a \u2018oy J.\u2014A married woman may dis- eet of any property which she could by her own act during her life. t . dumb lanation 2.\u2014Persons who are deaf or dur sli etersnct thereby incapacitated for making 3 will if they are able to know what they do by it. Explanation 3.\u2014A person who 1s ordinarily ian may make a will during an interval in which he is of sound mind. Ezplanation 4\u2014No person can make ao will while he is in such a state of mind, whether aris- ing from intoxication or from illness or from any other cause, that he docs not know what he is doing. pose by alienate Tllustrationa. A can perceive what is going on in his immediato neigh- 1 oe an can answer familiar questions, but hgs not a competent understanding as to the naturo of his proporty, or the persons who are of kindred to him, or in whose favour it would be proper that he should make hiswill. A cannot make a valid will. (it) A oxecutes an instrument purporting to bo his will, but ho docs not understand the nature of the instrament nor the eficct", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c47"}}
{"text": "valid will. (it) A oxecutes an instrument purporting to bo his will, but ho docs not understand the nature of the instrament nor the eficct ofits provisions. This instrument is not a valid will, (iii) A being very fecble and dobilitated, but capable of exercising a judgment as to the proper mode of disposing of his property, makes a will, This is o valid will. 60. A father, whatever his age may be, may by i will appoint a guardian or \u2018Testamentary \u2122 guardians for his child during minority. 61. A_ will or any part of a will, the making of Will obtained by fraud, Which has been caused by coercion or importunity, fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. Illustrations. (i) A falsely and knowingly represents to the testator that the testator\u2019s only child is dead, or that he has done some undutiful act and thereby induces the testator to make a will in his, A's favour; such will has been obtained by fraud, and is invalid. ; , (ti) A, by fraud and deception, prevails upon the t to bequeath a legacy to him, The bequest is said Sstator (1) A, Leing a prisoner by lawful authority, makes his w; Tho will is not invalid by reason of the jrapheonieent is wall (iv) A threatens to shoot B, orto burn his houso m to be arrested on o criminal charge, unless ereuakene bequest in favour of C.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c48"}}
{"text": "(iv) A threatens to shoot B, orto burn his houso m to be arrested on o criminal charge, unless ereuakene bequest in favour of C. B, in ant er makes a bequest in favour of \u00a9. The bequest is voi : been caused by Seen es is void, the making of it having _ dv) A, being of sufficient intellect, if undist influcnee of others, to make a will Yet being cae fie aie tg that be \u2018e noe a free avent, makes a will, dictated i: appears that ould re i but for fear a B The sll ietuvalil ave\u2019 expeted tho will (tv) A, being in eo feeble a state of h a, U ro tee ble eth to me ett impart! Se peelced hy Boy ule \u00a2 eee Certain purport and duce ro merely to Purhace pea sid'iy eubmi-sion to B. \u2018iby will is invalid SY Sd in \u201c*) A being in such a state of health as to be oking his Bonk judgment and volition, B Uses Ungest in \u00b0% cossion and persuasion with him to induce him to make et ofacortain purport. A, in consequence of tho inte . \u00a5iD uasion, but in tho freo exorcise of his judgment gat tion, makes his will in the manner recommended b Yolj, will is not rendered invalid by tho intercession and Pervaasi\u00ae of B. ii) A, with a view to obtaining o logacy from B, ; stein and flatters him and thereby produces in Ea Kin riclous", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c49"}}
{"text": "of B. ii) A, with a view to obtaining o logacy from B, ; stein and flatters him and thereby produces in Ea Kin riclous partiality toA. 3B, in consequence of such atten? and flattory, makes his will, by which ho leaves a legacy ay The bequest is not rendored invalid by tho attention ai flattery of A. 62, A will is liable to be revoked or altereg }, the maker of it at any tim, when he is competent to\u2019 dispose of his property by will, Will may be rovoked or altered. CHAPTER III. Or THE EXECUTION OF UNPRIVILEGED Wis, 63. Every testator, not being a soldier employ. ed in an expedition o engaged in actual warfare, or & mariner at sea, shall execute his will according to the following rules :\u2014 (a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction. (6) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will. (c) The will shall be attested by two o more witnesses, each of whom _ has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presente and by the direction of the testator, 0 . has", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c50"}}
{"text": "to the will or has seen some other person sign the will, in the presente and by the direction of the testator, 0 . has received from the testator a persousl acknowledgment of his signature mark, or of the signature of such other person ; and each of the witnesses shll sign the will in the presence of the testator, but it shall not be necessily that more than one witness be preset at the same time, and no _ particu form of attestation shall be necessary: 64. If a testator, in a will or codicil duly 5 Incorporation of papers tested, refers to any other Execution of unprivilog- od wills. by rofererce, document then actualy a written as expressing co part of his intentions, such document shall deemed to form a part of the will or codicil in which it 18 referred to, CHAPTER IV. - OF PRIVILEGED Wits. ; 65. Any soldier being employed in an expel Privileged wills, tion or engaged in ae af bei . warfare, or any marie eing at sea, may, if he has:completed the 9\u00a2\u00b0 rl ooo years, dispose of hit property by \u00ae vs ri in the manner provided in section 66. 5 are called privileged wills. THE GAZETTE OF INDIA, OCTOBER 10, 1925. 83 P ee \u2018 - Jilustrations. r attached to o regiment, is actually oon: Ho is o seldier actually employed ip ott oT an make a privileged will, a merchant-ship, of which he is the and, being at", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "66", "domain": "inheritance", "chunk_id": "The Indian Successio_c51"}}
{"text": "oon: Ho is o seldier actually employed ip ott oT an make a privileged will, a merchant-ship, of which he is the and, being at sea, can moko a : isan at 600 in (i) He is 5 mariner, j ped will +7 in the field against i i le Idior serving in e field ag insurgents, is iii) eed jn actual warfaro, and as such can make a or eu i=) sed will. \u2014 : marine? of o ship, in the course of a voyage, is fir) 44 n shore While she is lying in harbour. Ho is, for sporty i\" this section, a mariner at sea, and\u2018can make a ee will. eh iral who commands a naval forco, but who fs) at Od only occasionally gocs on board his ship, shorts bso vesidered 8 at sea, and cannot make a privileged \u00a30 \u00a5 : i milita dition, but not r serving ona Ty expedition, Dut no (ri) 4, 8 dares as o soldicr, and can make a : ea, td il ee (1) Privileged wills may be in writing, vedo of making, and ormay be made by word of rls ieee privi- mouth. - The execution of privileged wills shall be overned by the following rules :\u2014 (a) The will may be written wholly by the testator, with his own hand. In such case it need not be signed or attested. (t) It may be written wholly or in part by another person, and signed by the testator.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c52"}}
{"text": "case it need not be signed or attested. (t) It may be written wholly or in part by another person, and signed by the testator. In such case it need not be attested. (c) Ifthe instrument purporting to be a will is written wholly or in part by another person and is not signed by the testator, it shall be deemed to be his will, if it is shown that it was written by the test- ator\u2019s directions or that he recognised it as his will. (2) If it appears on the face of the instrument that the execution of it in the manner intended by the testator was not com- pleted, the instrument shall not, by reason of that circumstance, be invalid, provided that his non-execution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument. (\u00a2) If the soldier or mariner has written in- structions for the preparation of his Will, but has died before it could be Prepared and executed, such instruc- tons shall be considered to constitute his will. (NT the soldier or mariner has, in the Presence of two witnesses, given verbal \u2018nstructions fdr the preparation of his will, and they have been reduced into Nee in his lifetime, but he has died Mefore the instrument could be prepared Gnd executed, such instructions sball * considered to constitute his will, \u2018though they may not have been Teduced into Writing in his presence, hor read", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c53"}}
{"text": "Gnd executed, such instructions sball * considered to constitute his will, \u2018though they may not have been Teduced into Writing in his presence, hor read over to him. ) The Soldicryor mariner may make a will .\u00a5 Word\u2019 of mouth by declaring his ay tteations before two witnesses present \u00a9 tame time, or (4) A will made by word of mouth shall be null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a pri- vileged will. CHAPTER V. Or THE AtresraTion, Revocation, ALTERATION AND Revivat or WILs. 67. A will shall not be deemed to be insufficiently Effect of gift to attesting Sttested by reason of witness, any benefit thereby given either by way of bequest or by way of appointment to any person attesting it, or to his or her wife or husband ; but the bequest or appointment shall be void so far as concerns the person so attesting, or the wife or husband of such person, or any person claiming under either of them. ' Explanation.\u2014A legatee under a will does not lose his legacy by attesting a codicil which con- firms the will. 68. No person, by reason of interest in, or of his |, being an executor of, a will, shall be disqualified as a witnessto prove the execution of the will or to prove the validity or invalidity thereof. 69. Every will shall be revoked by the marriage of the maker, except a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c54"}}
{"text": "of the will or to prove the validity or invalidity thereof. 69. Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. Ezplanation\u2014Where a man is invested with power to determine the disposition vf property of which he is not the owner, he is said to have power to appoint such property. 70. No unprivileged will or codicil, nor any j. part thereof, shall be re- voked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is herein- before required to be executed, or by the burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. : Illustrations, ; ivilened will, Afterwards A ate ciate see rivil eget will ck purports to revoke the ja is a revocation. ae Fi a nade an unprivilezed will. _ Afte Soaberg an being entitled to make a privileged vill, makes a privilege ai which purports to revoke hia unprivileged will, This is a revo cation. . . 74. No obliteration, interlineation or other alteration made in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c55"}}
{"text": "privilege ai which purports to revoke hia unprivileged will, This is a revo cation. . . 74. No obliteration, interlineation or other alteration made in any unprivileged will after the execution thereof shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscernible, unless such alteration has been executed in Jil manner as Witness not disqualified by interest or by being executor. . Rovgeation of will by testator\u2019s marringe. Revocation of unpri leged will or codicil. Effect of obliteration, interlincation or alteration in vnprivileged will. 84 \"HE GAZETTE OF INDIA, OCTOBER 10, 1925, E Parr py a he M novided that the will, as 50 altered, shall to be duly executed if the signature of Ee pestator and the subscription be the viet of j i in or on \u00a7 the wi ines oe neat to such alteration, oF at the foot or end of or opposite to a ater \u201ce referring to such alteration, and written at t end or some other part of the will. 72. A privileged will or codicil may be revoked . ivileged by the testator by an un- stor codicil \u2014 privileged will orcodicil, or \" _ by any act oe = i i revoke it and accompanied by suc eemalea as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c56"}}
{"text": "to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Ezplanation\u2014In order to the revocation of a privileged will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged will. 73. (1) No unprivileged will or codicil, nor any ; part thereof, which has le Bere! at been revoked in any man- ner, shall be revived other- wise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same. (2) When any will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the will or codicil. reinbefore is required for the execution of the unprivi- CHAPTER VI. Or THE ConsTRUCTION OF WILLS. 74. It is not necessary thatany technical Wording of will. words or terms of art be uscd in a will, but only that the wording be such that the intentions of the testator can be known therefrom. 75. For the purpose of determining", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c57"}}
{"text": "a will, but only that the wording be such that the intentions of the testator can be known therefrom. 75. For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the pro- perty which is claimed as the subject, of dis- position, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the vords which the testator has used, Tilustrations, (i) A, hy his will, bequeaths 1,006 r i to his youngest grande ild, or to hiseauain: sareldest Cot i Pay make inquiry in onder to ascertain to\u2019 what perpen description in the will applies, pemaniitke Inquiries tos deter. mine questions as to object or subject of will. i A, b his will, leaves to B \u201c my catato ca adh Tt may be necessary to take evidence ind Dd ascertain what is the subject-matter of the be ucst - ne to say, What cstato of the testator\u2019s is called Blac, Acre ati ii is wi es to B \u201c the e PP Pe Q *, \" Tr tone bo necessary to take auch 2 Dor. order to ascertain what estato the testator purchase <q of In 76. (1) Where the words used in a will to de signate or describe legatee or a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c58"}}
{"text": "what estato the testator purchase <q of In 76. (1) Where the words used in a will to de signate or describe legatee or a | ass , legatees sufficiently sho, what is meant, an error in the name or descr; tion shall not prevent the legacy from takin effect, (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected hy the name. Misnomer or misdescrip- tion of object. Tustrations, (i) A bequeaths a legacy to \u201c Thomas, the second gon af my brother John,\u201d Tho testator has on only brother named John, who has no son named Thomas, but has 4 second sun whose name is William. William will have the logacy. GIy A bequeathsa legacy \u2018to Thomas, tLe second son of m brother Jobn,\u201d \u2018The testator has an only brother, nated John, whose first son is named Thomas, and whose second gon is named William. Thomas will have the legacy, (iti) The testator bequeaths his property \u201cto A and B, the legitimate children of C.\u201d C lias no legitimate child, byt has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate. (iv) The testator gives his residuary estate to be divided among \u201cmy soven children\u201d and, procecding to enumerat them, mentions six names only, This omission will not prevent the seventh child from taking a share with the others (v)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c59"}}
{"text": "and, procecding to enumerat them, mentions six names only, This omission will not prevent the seventh child from taking a share with the others (v) The testator, having six grandchildren, makes a bequest to \u201cmy six grandchildren\u201d and, proceeding to mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name is not mentioned will take a share with the others. (vi) The testator bequeaths \u201c1,000 rupees to cach of the three children of A.\u201d At the date of the will A has fou children. Each of those four children will, if he survives the testator, receive a legacy of 1,000 rupees. . 77. Where any word material to the full expres sion of the meaning has been omitted, it may be supplied by the context. Illustration. Tho testator gives a legacy of \u201cfive hundred\u201d to his daughter A and a legacy of \u201c five hundred rupees\u201d to his daughter B, A will take a legacy of five hundred rupecs. 78. If the thing which the testator intended to . bequeath can he sufi ea of renee ciently identified from A 7 ipti sgt +h a Ur ; ubje 7 in description th e description of it gived _ in the will, but some parts of the description do not apply, such parts of the description shall be Tejected as erroneous, and the bequest shall take effect. . illustrations, . (iA beyueaths to B\u201c my marsh-lands lying in Land the occupation of X.\" The", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c60"}}
{"text": "as erroneous, and the bequest shall take effect. . illustrations, . (iA beyueaths to B\u201c my marsh-lands lying in Land the occupation of X.\" The testator had marsh-lands lyi0e in L but had no miarsh-lands in the occupation of x, Ih let in Ole ovcupation of X \u201d shall be rejected as erronee\u2122 Me marsh. ine i i . i ee i-linds of the testator lying in L_ will pas Rane Gi) The lestator bequeaths to A\u201c indari of \" = + my zomindar oO pur.\" He had an estate at Rampur but it was a talug 04 not a zamindari. Tho taluq passes by this lequest- 79. If 2 will mentions several circumstance When putt of d as descriptive of the \u201c \"A port of description hip) May nut be tohicted as Which the testator, an erroncous, tends\\to bequeath, ; his \u00a2 there is any property \u00a9 mmm respect of which all those cireumstanc When words may be supplied. THE GAZLITE OF INDIA, OCTOBER 10, 1995, ifs 85 shall be considered as limited gist, the OV orty, and it shall not be lawful to y 1p sted eee of the description as erroneous, nett soy 2 testator had other property. to which pave t of the description does not apply. a -on-\u2014In judging whether a case falls Explanalt ine aning of this section, any words \u201chin the be liable to rejection under section d to have been struck out of the be nest 4 would si be deeme will", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c61"}}
{"text": "words \u201chin the be liable to rejection under section d to have been struck out of the be nest 4 would si be deeme will Tilustrations. \u201cmy marsh-lands lying in L, and in, yA bequeath ior The testator had marsh-lands lying be occupation i ch wero inthe occupation of X, and somo \u00ab, L. some 0 ation of X. The bequest will be considered pt in toe each of the testator\u2019s marsh-lands lying in Las i the occupation of X. iy lade ismeoiach ann} \u201cmy marsh lan ying in L and in ti A bequeath a ca aaniiie 1,000 bighas of lands,\u201d ie occupa had marsh-lands lying in L. some of which were Theta tion of X und some not in tho occupation of X. in the occupa ment is wholly inapplicable to the margh-lands ee as or to the whole taken together. Tho measure- either be considered us struck out of the will, and such rhe testator\u2019s marsh-lands lying in L as wero in the cecupation of X shall alone pass by the bequest. 80, Where the words of a will are unambiguous, but it is found by extrin- Extrinsic evidenco. ad- sic evidence that they a a of patent admit of applications, me one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended. Illustrationa, (i) A man, having two cousins of the name of Mary, be- ucaths a sum of money to\u201c my cousin", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c62"}}
{"text": "these applications was intended. Illustrationa, (i) A man, having two cousins of the name of Mary, be- ucaths a sum of money to\u201c my cousin Mary.\u201d It appears that there are tivo perzons, cach answering the description inthe wil That description, therefore, admits of two appli- tations, only one of which can have been intended by the kstator, Evidence is admissible to show which of the two applications was intended. ti) A, by his will, leaves to B \u201cmy estate called Sultan- par Khurd.\" It turns out that he had two estates called Sullanpur Khurd. Evidence is admissible to show which utate was intended. : 81. Where there is an ambiguity or deficiency on the face of a will, no Admissible in extrinsic evidence as to | eablguity or deitenen the intentions of the testator shall be admitted. | EN !a9 no sunt oft an aunt, Caroline, and a cousin, Mary, and 1.009 (ame of Mary. By his will he bequeaths \u00a5 Cousin, i, my aunt, Caroline\u201d and 1,000 rupees\u2019 to to \u201cmy Defy ary \"and afterwards bequeaths 2,000 rupees hom the tt \u201cmentioned aunt, Mary? Thero is no person hs is not adpaption given in the will can apply, and evi- fore ment; - jissible to show who was meant by \u201cmy \u201c1 for uncer; tuats Mary.\u201d The bequest is therefore fii) A be \u201crtainty under section 89. kuin a tueaths 1,009 rupces to . Rae) = *ettissiblg to ier the name of the legatee. Evidence is not at", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "89", "domain": "inheritance", "chunk_id": "The Indian Successio_c63"}}
{"text": "\u201crtainty under section 89. kuin a tueaths 1,009 rupces to . Rae) = *ettissiblg to ier the name of the legatee. Evidence is not at \u00b0W what name the testator intended to in- Extrinsic evidence in- Illustrations, tits tate a bequeaths toB : rupees, ur \u201cmy j Thaj 5 le to Evidence is not tended to ing What sim or what estate the testator 82, ; he Meaning of any clause in a will is to \u201clege MSOF clause tp, be collected from the from entire wil, entire instrument, and ued hith all its parts are ta be con- Telerence to cach other. SS amend Illustrations. (1) The testator gives to Ba & cific fund or the death of A, and by a subeequetit clause dined the itols uf his Property to A. The effect of the several clanses taken together is to vert the specific fund or property in-A for lifo, and after his decease in B; it appearing from the bequest ta B thut the testatur meant to use in a restricted sense the words in which he describes what he gives to A, _ (it) Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate to A, and in another part of his will bequeaths Black Acra tn B, the latter bequest is to bo reed as an exception out of the first as if he had snid \u201cI givo Black Acro to B, and all tho", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "89", "domain": "inheritance", "chunk_id": "The Indian Successio_c64"}}
{"text": "is to bo reed as an exception out of the first as if he had snid \u201cI givo Black Acro to B, and all tho rest of ; ny estate to A.\u201d 83. General words may be understood in a re When words may bo stricted sense where | it ois 9 restricted may be collected from sense, un s i 1 ear oe lial the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use \u2018them in such wider sense, Illustrations, (i) A_ testator gives to A: \u201cmy farm in the oceupntion ot B,\u201d and to C \u201call my marsh-lands in L.\u201d Part of the farm in the occupation of B consists of marsh-lands in L, and tho testator also has other marsh-lands in L. The general words, \u2018all my marsh-lands in L,\u201d are restricted by tho gift to A. A takes the whole of the farm inthe occupation of B, includ- ing that portion of the farm which consists of marsh-lands in L, (if) Phe testator (a sailor on ship-board) bequeathed to his mother bis gold ring, buttons and chest of clothes, and to his friend, A (a shipmate), his red box, clasp-knife and all things not before bequeathed. . The testator\u2019s sharein a house does not pass to A under this bequest,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c65"}}
{"text": "shipmate), his red box, clasp-knife and all things not before bequeathed. . The testator\u2019s sharein a house does not pass to A under this bequest, (iis) A, by his will, bequeathed to B all his houschold furni- ture, plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specifi- ed part of his property. Under the first bequest, B is entitled only to such articles of the testator\u2019s as aro of tho samo nature with the articles therein enumerated. 84. Where a clause is susceptible of two mean- ; ings according to one of Which of two possible which it-has some: effack constructions preferred. . > and according to the other of which it can have none, the former shall be preferred. 85. No part of a will shall be rejected as desti- No part rejected, if it tute of meaning if it ean be reasonably con- 18 possible to put a reason- strued. able construction upon it. 86. If the same words occur in different parts Interpretation of words of the same will, they shall repeated in different parts be taken to have \u2014 been of will. used everywhere in the same sense, unless a contrary intention appears. 87. The intention of the testator shall not be \u2018cstutor\u2019s intention to Set aside because it can- be eflectuated as iar as not take effect to the possible. full extent, but effect is 1o be given to it as far as possible, /llu", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c66"}}
{"text": "eflectuated as iar as not take effect to the possible. full extent, but effect is 1o be given to it as far as possible, /llu tration. Tle testator by a wi.J made on his death-bed bequeathed all his preperty to COD for bfe and after his decease to a certain hospital The intention ef the testator cannot take offect twits full extent, because the gift to the hu-pital is void und-t section 118, but it will take effect so far aa regards the yift to UD. Ivo i] a THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Parr jy ee \u201cfin. % il are Where two clauses or gifts in @ Wi an jrreconcileable, so that The last of two incon- they ' cannot possibly sistent clauecs prevails, stand togeth er, the last shall prevail. Illustrations. ; ! the first clause of his will leaves his tlectnaeuee tb A\u201d and by tho last clause of his will Jeaves it \u201cto B and not to A.\" B will have it. (ii) If a man ot the commencement of his will gives his house to A, and at the close of it directs that his house shall be sald and tho procecds invested for the Lonefit of B, tho latter disy osition will prevail. 89. A will or bequest not expressive of any Will or bequest void for definite intention 1s void uncertainty, for uncertainty. Illustration. Ifa testator says \u201cI bequeath goods to A,\" or \u201c I bequeath to Sor \u201cy ea", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "118", "domain": "inheritance", "chunk_id": "The Indian Successio_c67"}}
{"text": "for definite intention 1s void uncertainty, for uncertainty. Illustration. Ifa testator says \u201cI bequeath goods to A,\" or \u201c I bequeath to Sor \u201cy ea to A al) the goods mentioned in the Sche- dulo\u201d and no Schedulo is found, or \u2018I bequeath \u2018 money,\u2019 \u2018wheat,\u2019 \u2018oil\u2019\u201d or tho like, without saying how much, this is . void. . 90. The description contained in a will of Words describing sub. Property, the subject of ject refer to property an- gift, shall, unless a con- swering, description at trary intention appears by a\": the will, be deemed to refer to and comprise the property answerin that description at the death of the testator. 81. Unless a contrary intention appears by Power of appointment the will, a bequest of th\u00e9 executed by general be- estate of tha testator shall quest. be construed to include any property which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power ; and a bequest of property described in a gene- ral manner shall be construed to include any Property to which such description may extend, which he may have power to appoint by will to any object he nay think proper, and shall operate 48 an execution of such power, 82. Where property is bequeathed to or for the benefit of certain objects Implied gift to abjects of 8 & specified person may power ay default of ap- appoint or for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c68"}}
{"text": "or for the benefit of certain objects Implied gift to abjects of 8 & specified person may power ay default of ap- appoint or for the benefit \u2018. of certain objects in such Proportions as a specified Person may appoint and the will does not Provide for the event of no y belongs hares, Ttustration, A, by hie will, bequeaths a fund : . * to his wi . and tee eae =i death it shall be aiid eee dies without having, ee i ee 4ppoint. The widow will be divided equally among tho chiktiee Tho fund 83, Where a bequest is made to the \u201c heirg \u201d or \"Tight heirs\u201d? oy \u00ab rela- tions . or \u201c nearest rela- tions\u201d oy \u00ab family\u201d oy kin\u201d op .,, \u201cdred\u201d oy \u201c nearest of thos next-of-kin of a Particular person be any qualifying terms, ond the \u00a2] Cesignated forms the direct and ; lent ob, Bequest tu heirs,\u201d ete,, of Particular person with. but qualifying termg, leaving assets for the payment of hig debts ; dependently of such property. in, Illustrations, i) A leaves his property \u2018to my own nonrogt rel : ee ee goes to thoxo who would be entitleg toi 7 had Tied intestate, leaving assots for tke Payment of A debts indopondently of such property. iy it) A bequeaths 10,000 rupecs \" to B for his life, a ne death of B, to my own right heirs\u201d, Tho legacy atten death belongs to those who would bo entitled", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c69"}}
{"text": "B for his life, a ne death of B, to my own right heirs\u201d, Tho legacy atten death belongs to those who would bo entitled to it if it a formed part of A\u2019s unbequeathed property, iit) A leaves his property to B; but if B dics befory p,; tol DS nentabkins Bf dics before A tho property dee as if it hnd belonged to B, and ho had died intestate, leaving \u2018assets for the payment of his debts independently\u2019 of * property. . iv) A leaves 10,000 rupecs \u2018\u2018 to B for his life and aft eee to tho heirs of C\u201d. Tho legacy goes ag if it nes belonged to C, and he had died intestate, leaving OBSete for tho payment of his debts independently of the legacy, 94, Where a bequest is made to the \u201c Tepresent. Bequest to \u201crepresent. atives\u201d or \u201c legal Tepre- ative,\u201d otc., of particular sentatives \u201d or \u201c persona] person. representatives\u201d or \u201cexecutors or administrators\u201d of a Particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died S- . intestate in respect of it. Illustration, A bequest is made to the \u201c legal representatives \" of A, A has died intestate and insolvent. B is his administrator, B is cntitled to receive the legacy, and will apply it in the first place to the discharge of such part", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c70"}}
{"text": "B is his administrator, B is cntitled to receive the legacy, and will apply it in the first place to the discharge of such part of A's debta as may remain unpaid: if there be any surplus, B will pay it to those persons who at A\u2019s death would have been entitled to receive any proporty of A\u2019s which might remain after payment of his debts, or to the representatives of such persons, 95. Where property ia bequeathed to any per- Bequest without words son, he is entitled to the of limitation. whole interest of the testa- tor therein, unless it appears from the will that only a restricted interest was intended for him. 96. Where property is bequeathed to a person with a bequest in the alter- Bequest in alternative, native to another person ; orto a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect ; butif he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. Illustration, (*) A bequest is made to A orto B, A survives tho testator B takes nothing, (it) A bequest is mado to Aorto B. A dies after the dale of tho will, and before tho testator. Tho legacy gocs to B. (i) A bequest is madeto A orto B. Aisdead at tho", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c71"}}
{"text": "the dale of tho will, and before tho testator. Tho legacy gocs to B. (i) A bequest is madeto A orto B. Aisdead at tho date ef the will. The legacy gocs to B, _ (\u2018v) Property is bequeathed to\" A or his heirs. A survives thetestator, \u201cA takes the property absolitet. (v) Property is bequeathed to A or his nearest of ki dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect- (vi) Prop-rty ia bequeathed to A for life, and after his death io B or his heirs, A and B survive the toctator, Bde in A's lifetime, \u2019 irs of D tukes offen Upon A\u2019s death the hequest to the he! (tii) Property is bequeathed to A for life, and after his dest? \u2018oBorhisheirs, B dies in the Aa A ours t . H tae auator Upon A's death the bequest to the heirs \u00b0 \\ ye] THE GAZETTE OF INDIA, OCTOBER 10, 1935. 87 ty is bequeathed to a person gy. Where poe and. words are added spat of So dese, which describe a class of rot of class ersons but do not denote ics abs : 1 \u2018ect objects of o distinct and independ- ps aire? erson is entitled to the whole eat gilts ne testator therein, unless a contrary pie appeats by the will. inter Illustrations, A bequest is mado \u2014 is children, ; tod ane children by his present wife, 7", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c72"}}
{"text": "a contrary pie appeats by the will. inter Illustrations, A bequest is mado \u2014 is children, ; tod ane children by his present wife, 7 3 heirs, . i and the heirs of his body, \u2018Aand tho heirs malo of his body, [ Aand the heirs female of his body, to A and his isauo, to A and his family, to A und his descendants, to Aand his representatives, ; 0 Aand his personal representatives, an hia executors and administrators, (i) Ineach of these cases, A takes the whole interest which the iy tetator had in the property. i) A bequest ig made to A and his brothers, bis kis ns jointly entitled to the legacy. iil at is made to A for life and after his death to is (ia ee death of A the property belongs in equal re to all persong who then answer the doscription of issue dA, 98, Where a bequest is made to aclass of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the kgacy, 99. Ina will\u2014 Construction of terms, (o) the word \u201c children \u201d applies only to lineal descendants in the first degree of the person whose \u201c\u00a2hildren \u201d are spoken of ; lH) the word \u201c grandchildren \u201d applies only to \u2018aldescendants in the second degree of the Pon whose \u201c grandchildren \u201d are spoken of ; (0) the words \u00ab nephews \u201d and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c73"}}
{"text": "only to \u2018aldescendants in the second degree of the Pon whose \u201c grandchildren \u201d are spoken of ; (0) the words \u00ab nephews \u201d and \u201c nieces\u201d apply \u2018aly to children of brothers or sisters ; \u00ab i the words \u00ab cousins,\u201d or \u201c first cousins,\u201d or bothnteermon,\u201d apply only to children of the \u20acrs or of sisters of the father or mother of Person Whose \u2018 cousins,\u201d or \u201c first cousins,\u2019 \u201cousins-german, \u201care spoken of ; Words \u201cfirst cousins once removed \u201d ; UY to children of cousins-german, or to \u201cfret oan of a parent of the person whose \u201cousins once removed \u201d are spoken of ; (f the Words \u201c A and Fequest to class of per- xcs under general deserip- tia oaly. ty Second cousins\u201d\u2019 apply only to f brothers or of sisters of the &tandmother of the person whose \u201d are spoken of ; \u201cPoly yords \u201cissue\u201d and \u201c descendants \u201d roy ae lineal descendants whatever of the keg gf \u201cissue\u201d or descendants\u201d are (N) isons ba \u00a9xpressiye of collateral relationship qh NS 0 telatives of full and of half blood ; u er or Seong consi ee (2) all words expressive of relation : ship apply t 4 child in the womb who is aft oie a CIwards born alive. 100. In the absence of any intimation to the contrary in a will, the word \u201cchild,\u201d the word \u201cson,\u201d the word \u201c daugh- ter,\u201d or any word which } expresses relationship, is to be understood", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c74"}}
{"text": "in a will, the word \u201cchild,\u201d the word \u201cson,\u201d the word \u201c daugh- ter,\u201d or any word which } expresses relationship, is to be understood as de- noting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. _ Words expressing rola. fionship denote only legiti- mute relatives or failing such relatives reputed legi- timate. Illustration. \u00b0 (i) A having three children, B, C and D, of whom B and C are legitimate and D ig illegitimate, leaves his Property to bo equally divided among \u201cmy children.\u201d \u2018Tho property belongs to B and C in equal shares, to the exclusion of D. (1s) A, having a nicco of illegitimate birth, who has acquired the reputation of being his nicce, and having no legitimate niece, bequeaths a sum of money tohisniece. \u2018I'he illegitimate nieco is entitled to the legacy, (ft) A, having in hia will enumerated his children, and named as one of them B, who ia illegitimate, leaves a legacy to \u201c my said children\", B will take a share in tho legacy along with the legitimate children, (tv) A leaves a legacy to \u201c the children of B \". Bis dead and has left none but illegitimate children, All those who had at the date of the will acquired the reputation of being tho children of B are objects of the gift. (v} A bequeaths a legacy to \u201c thechildr\u00e9n", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c75"}}
{"text": "of the will acquired the reputation of being tho children of B are objects of the gift. (v} A bequeaths a legacy to \u201c thechildr\u00e9n of B \". Bonever had any legitimate child. Cand D had, at the date of the will, acquired the reputation of being children of B, After the date of the will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest, (vi) A\u00b0makes a bequest in favour of his child hy o certain woman, not his wife. B had acquired at the date of the will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favourof his child to be born of a woman who nover becomes his wife. The bequest is void, (vi) A makes a bequest in favour of tho child of which o certain woman, not married to him, is pregnant, \u2018The bequest is valid. 101. Where a will purports to make two be- : quests to the same person, Rules of construction and & question arises whe- where will purports to ther the testator intended make two bequests to same to make the second be- _e quest instead of or in ad- dition to the first ; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c76"}}
{"text": "to the first ; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the construction to he put upon the will :\u2014 _\u2014 (a) If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the co- dicil, he is entitled to receive that specific thing only. (b) Where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same erson of the same quantity or amount of anything, he shall be entit'ed to one legucy only. (c) a Pear Taacied of unequal amount are given to the same person in the same will, or in the same codicil, the legstee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the other by a codicil, or each by IV 2a THE GAZETTE OF INDIA, OCTOBER 10, 1925. 88 a different codicil, the legatce is entitled to both legacies. . . \u00bb,\u2014-In clauses (a) to (d) of this section, Explanatioi Joes not include a codicil. the word \u201c will\u201d INustrations. . ten shares, and ne more, in the Imperial de his will, which contains near its com- \u2019 \" queath my ten shares in the ee nae ol shen 3 PC Ate other Leque.ts, the vill concludes with the words \u2018*", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c77"}}
{"text": "com- \u2019 \" queath my ten shares in the ee nae ol shen 3 PC Ate other Leque.ts, the vill concludes with the words \u2018* and denials ay a oe in the Imperial Bankof India to B\u201d. is ais simply to receive A's ten shares in the Imperial Bank of Indic. i ii ing one diamond ring, which was given him b i fe ucatlie to C tho diamond ring which was given by yA rdy made a codicil to his will, and thereby, after siding othe Ieensies he bequeathed to C the diamond ring : . \u2019 aj ing \u00a9. t the Rich was given him by B. C can claim nothing excep ee fing which was given to A by B. TH by hig will, bequeaths to B the sum of 5,000 rupees ssl teeta in the ais will repeats the bequest in the sume words. B is entitled to one legacy uf 5,000 rupees only. iv) A, by his will, bequeaths to B the sum of 5,000 rupces at terres in the same will bequeaths to B the sum of 6,000 rupees. B ig entitled to receive 11,000 rupees. (v) A, by his will, bequeaths to B 5,000 rupees and by a codicil to tho will he bequeaths to him 5,000 rupees. B is entitled to receive 10,000 rupees. (vi) A, by ono codicil to his will, bequeaths to B 5,000 rupees and by another codicil bequeaths to him 6,000 rupees. B is entitled to receive 11,000", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c78"}}
{"text": "ono codicil to his will, bequeaths to B 5,000 rupees and by another codicil bequeaths to him 6,000 rupees. B is entitled to receive 11,000 rupees. (vit) A, by his will, bequeaths '' 500 rupees to B because sha was my nurse,\u201d and in another part of the will bequeaths 500 rupees to B \u201c because she went to England with my children,\u201d B is entitled to receive 1,000 rupees. (viii) A, by his will, bequeaths to B tho sum of 5,000 rupees and also, in another part of the will, an annuity of 4Q0 rupees, B is entitled to both legacies, (iz) A, by his will, bequeaths to B the sum of 5,000 rupees and also bequeaths to him the sum of 5,000 rupees if he shall attain the age of 18. B is entitled absolutely to one sum of 5,000 rupees, and takesa contingent interest in another sum of 5,000 rupces. 102. A residuary Jegatee may be constituted by _ any words that show an ; Comlitstion of residuary intention on the part of \u201cee the testator that the per- gon designated shall take the surplus or residue of his property. (f) A, having Bank of India, ina Mlustrations, (\u2018) A makes her will, consisting of several testamentary papers, in one of which are contained the following words :\u2014 \u201cTY think there will bo something left, after all funeral ox- penses, ete, to give to B, now at school, towards cyuipping him to any profession he may hereafter", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c79"}}
{"text": "bo something left, after all funeral ox- penses, ete, to give to B, now at school, towards cyuipping him to any profession he may hereafter be appointed to i B is constituted residuary legatce, \u00b0 (if) A makes his will, with the following passago at the end of it :\u2014\" I beliove there will be found suflicient in my banker's | hands to defray and discharge my debts, which I h si B to do, and keep the residue for her own uso ud eee B is constituted the residuary legatee, , (i!) A bequeaths all his Property to B, excent i and funds, which he bequeaths toC. B is tho realduary tere 103. Under a residuary bequest, the lezatee ig Property to which regi. entitled ee Property duary legutee entittee belonging to the testator at the time of his d of which he has not made any other iestatien te : disposition which is capable of taking effect \u2019 Ilustration, A by his will be itaj \u00e9 ' beque itha eeitajy facget t . F hina under section 118, and wioth sr lapest i \u201c1 au ae : Alien sick or equcath the re-idug of his property to B ate of his will A - ad hey . belongs to him at the tim: a lied By miadari, which two legacies and the zanindari a; pani A susie to the 2 revidus, (Pane yy \u2014\u2014 104. If a legacy is given in genera) tery . _ Without specify; imo", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "118", "domain": "inheritance", "chunk_id": "The Indian Successio_c80"}}
{"text": "a; pani A susie to the 2 revidus, (Pane yy \u2014\u2014 104. If a legacy is given in genera) tery . _ Without specify; imo of ar sting time when it is ae the legacy im genc \u2018the legatee hasa Ves Pu terest in it from the day of the death of 4, lec tator, and, if he dies without having received it shall pass to his representatives, K, 105. (1) If the legatee does not gy; (2) testator, the legacy exatt take effect, but shall la : and form part of the \u2014 due of the testator\u2019s property, unless it appears bp the will that the testator intended that it shoul) m4 to some other person. In what caso legacy lapses. (2) In order to entitle the representatives of the legatee to receive the legacy, it must be Proved that he survived the testator. Illustrations, (i) The testator bequeaths to B * 500 Tupecs whict me\u201d. Bdies boforo the testator; the logacy lapses Bess (iv) A bequestis mado to A and his children, 4 dips before the testator, orhappens to be dead when tho will is made Tho legacy to A and his children lapses. (iii) A legacy isgiven to A, and, in case of his dying beforo tho testator, to B, A dics before tho testator, Th legacy goes to B, (it) A sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetimo of the testator; B survives", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c81"}}
{"text": "sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetimo of the testator; B survives tho testator. The bequest to B takes effect, (v) Asum of monoy is bequeathed to A on his completing his eighteonth year, and in caso he should die before he completes his eighteenth year, to B. A completes his eighteenth year, and dicsin the lifetime of the testator, The legacy to A loyses and tho bequest to B does not take effect. (vi) The testator and the legatec perished in the same ship. wreck, There is no evidence to show which died first, Th legacy lapses, 106. If a legacy is given to two persons jointly, _ Legacy does not Iapse 80d one of them dies : ane\u201d Aa joint before the testator, the * ettete, TP before ther legatee takes the whole. fllustration, The legacy issimply to Aand B, A dics before the testator B takes tho legacy, 107. If a legacy is given to legatees in words Effect of words which show that the showing to teitater's testator intended to Fe tinctchte\u201d Si\u00a5e dis- them distinct shares of it tinct shares. then, if any legatee dies before the testator, so much of the legacy as w% Intended for him shall fall into the residue of the teatator\u2019s property. 4 Filustration. _Asuin of money is be thed t C, to be equally divided among hein. Wace mee nee B andl will only take so", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c82"}}
{"text": "4 Filustration. _Asuin of money is be thed t C, to be equally divided among hein. Wace mee nee B andl will only take so mucl Tit A had sot Vived the testator. Vas they would have had i 108. Where a share which lapses is 8 part ol When lapsed shar the general residue \u201d Bo-sas undisposed of, queathed by the wil & . that share shall g? undisposed of, The tes Mlustration. P 7 e \u00a9 teatat an : 4 (ts be eguall tecaths the residue of his estate yas re th? Vided between them. A dies tes itor. His one-third of the residue goes as undiapo pat IVI THE GAZETTE OF INDIA, OCTOBER 10, 1925, 89 ee aed has been made to any 409. Where \u00ae Thild or other lineal descendant of the testa- tor, and the legatee dies inthe lifetime of the testa- tor, but any lineal des- his survives the testator, the bequest 5 lapse, but shall take effect as if the all ~ the legatee had happened immediately dt death of the testator, unless a contrary et Illustration, 1 -, will, by which he bequeaths a sum of moncy to A makes bis cwvabsolute uso and benefit. B dies before isson, B, a s0n, C, who survives A, and having made his will ee o bequeaths all his property to his widow, D. \u2018The \u00a5 poney goes to D. 110. Where a bequest is made to one person for the benefit of another, the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c83"}}
{"text": "to his widow, D. \u2018The \u00a5 poney goes to D. 110. Where a bequest is made to one person for the benefit of another, the legacy does not lapse by the death, in the testator\u2019s lifetime, of the person to whom the bequest is made. est to A for ne of B doca not Ispse by A's death. 111. Where a bequest is made simply to a described class of per- sons, the thing bequeath- ed shall go only to such as are alive at the Survivorship in caso of bequest to described class. testator\u2019s death. Exception.\u2014If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have lied since the death of the testator. Illustrations, (i) A bequeaths 1,000 rupees to \u201c the children of B\" with- saying when it is to bo distributed among them. B had C oe to the date of the will, leaving three children, dathetE: Edied after the date of the will, but before the ae A. Cand Dsurvive A. The legacy will belong to C to the exclusion of the representatives of E. out his (ii) A lease for years of a house", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c84"}}
{"text": "A. The legacy will belong to C to the exclusion of the representatives of E. out his (ii) A lease for years of a house was bequeathed to A for death et the after his decease to the children of B. At the he of the testator, B had two children living, C and D, and of rey had any other child. Afterwards, during the lifetimo dE ied, leaving E, his executor, D hag survived A. D - are jointly entitled to so much of the lease-hold term as Pains Utexpired, ata) Asum of monoy was bequeathed to A for her life, and *r decease, to the children of B, At the death of the eTent ty B had two children living, C and D, and, alter that the io Children, E and F, were bornto B. Cand Ediedin ill, i Of A, C having made a will, E having mad no it to ins died, leaving D and F surviving her. \u2018The legacy Bid to jaoued into four equal parts, one of which is to be CE ang aie of C, one to D, one to the administrator 1 they beaveaths one-third of his lands to B for hislife, and testator yecease to the risters of B. At the death of the eat alo 1 two sisters living, C and D, and after that et sister Ewas born, Cdied during thelife of B, D and E have survived B, One-third . One-third of A\u2019s lands belong D, E and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c85"}}
{"text": "et sister Ewas born, Cdied during thelife of B, D and E have survived B, One-third . One-third of A\u2019s lands belong D, E and tho representatives of C, in equal sates: siong to (v) A bequeaths 1,000 rupees to B for li i fo : eath equally among the children of C, Up cus aeheoe B, \u2018 i 5 es not had any child, The kequest after the death of (v!) A bequeaths 1,000 rupees to\u201c all the children b to be born\u201d of B to be divided among them at the death of C. At the death of the testator, B has two children living, DandE. After the death of the testator, but in the lifetime of C, two other children, F and G, are born to B. After the death of C, another child is born to B. The legacy belongs to D, \u00a9, F and G, Lo the exclusion of the after-born child of B. (vtt) A bequeaths a fund to the children of B, to bo divided aniong them when the eldest shall attain majority. At the testator'\u2019s death, B had one child living, named G. Hanfter- wards had two other children, named D and E. E died, but C and D were living when C attained majority. The fund belongs to C, D and the representatives of E, to the exclu- sion of any child who may be born to B after C\u2019s attaining Majority, . CHAPTER VII. Or voip BrEquests. 112. Where a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c86"}}
{"text": "the exclu- sion of any child who may be born to B after C\u2019s attaining Majority, . CHAPTER VII. Or voip BrEquests. 112. Where a bequest is made to a person by Reque oo. veron ty \u00a9 particular description, particular description, who and there is no person in is not in existenco ot existence at the testator\u2019s testator\u2019s death, d Fe eath who answers the description, the bequest is void. Exception\u2014If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise ; and if a person answering the Cescription is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead, to his representatives. Illustrations. (\u2019) A bequeaths 1,000 rupees to the eldest son of B. At tho death of the testator, B has no son. The bequest is void. (i) A bequeaths 1,000 rupees to B fog life, and after his death to the eldest son of C. At the death of the testator, Chad noson. Aftorwards, during the life of B, a son ia born to C. Upon B\u2019s death the legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his death to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c87"}}
{"text": "C. Upon B\u2019s death the legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest sonof C. At the death of the testator, C hadnoson, Afterwards, during the life of B, a son, named D, is born to C. D dies, then B dies. Thelegacy goes to the representative of D. . (iv) A bequeaths his estate of Green <Acro to B for life, and at his decease, to the eldest son of C. Up to the death of B, Chas had no son. The bequest to C\u2019s eldest son is void. ? bequeaths 1,000 rupecs to the eldest son of C, to be sacri himafter the death of B. At the death of the testator C bas no sun, buta son is afterwards born to him during the life of B and isaliveat B's death. C's son is entitled to the 1,000 rupeca. 113. Where a bequest is made to a person not in existence at the time of the testator's death, sub- death, sabject to prior ject to a prior bequest bequest, contained in the will, the later bequest shall he void. unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. Tilustration. 1 \u2018s bequeathed to A for his life, and after his death to hia eldest son for life and after the death of the latter to his chlest son. aAt the tine of the testator\u2019s death. Ahasno son.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c88"}}
{"text": "hia eldest son for life and after the death of the latter to his chlest son. aAt the tine of the testator\u2019s death. Ahasno son. Here the bequest to V's eldest son is ahedasst to a person not in existence at the testator\u2019s a not a bequest of the whole interest that remsins | to ; sates . tor. The bequest to A\u2019s eldest gon for his life is voic Bequest to person not in existence at testutors ui) Property 90 THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Pany ly nr [= A for his life, and after his (ii) A fund is boqueathed ae tho testator. A has : death to his daughters. ial istence at tho teata- . were not In oxisien : cea ret te A's daughters comprises ee der ideatin P to tho testator in tho thing bo- ; interest that romains ? | atethel. Tbe bequest to A\u2019s daughters ia valid. (iit) A fund is bequeathed me ale erat RCE death to his daughters, with a ete Sieh a ral marries under he age of eighties nt rer may be divisible it belong to berself fo aed \u2018hor children after hor death. A hag no daughters i : but has diughters ivi tho time of tho testator\u2019s death, aas Ud) borat lepeards who aapeiee pes eegie ake settlement has the cfiect in the case o > i i ting for the absolute be ee oa Setestts Fe rin far hit lifo ; that is", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c89"}}
{"text": "the cfiect in the case o > i i ting for the absolute be ee oa Setestts Fe rin far hit lifo ; that is to say, Be cdcat te a Baan not in existence at the time of the tostator'a death of something which is less than the whole interest that remains to tho testator in the thing bequeathed. Tho direction to aettlo tho fund is void. ; ; (iv) A bequeaths a sum of monoy to B for life, and directs that upon the death of B tho fund shall be settled upon his daughters, so that the portion of each daughter may bolong to herself for life, and muy be divided among her childeen after her death. B has no daughter living at tho time of the testa- tor\u2019's death. In this case the only bequest to tho daughters of B ia contained in the direction to settle the fund, and this direction amounts fo a Lequest to persons not yot born, of a life-interest in the fund, that is to say, of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to sottlo the fund upon the daughters of B is void, ' 114. No bequest is valid whereby the vesting q \u2018 g of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the testator\u2019s death and the minority of some person who shall bein existence at the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c90"}}
{"text": "beyond the lifetime of one or more persons living at the testator\u2019s death and the minority of some person who shall bein existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong. Rule against perpetuity. e Illustrations. (i) A fund is bequeathed to A for his life and after hi death to B for his life; and after B's death to such of ae sons of Bas shall fit attain the sgeof 26, A and Baurvive the testator. Here tho son of B who ahall first attain the age of 25 muy be a son born after the death of tho teutator - such son may not attain 25 until mora than 18 years haye clapsed from the death of the longor liver of A and B: and the vesting of the fund may thus be delayed beyond tho lifetimo of A and B and the minority of the sons of B The bequest after B'sdeath is yoid, , (ii) A fund is bequeathed to A for his life, a i death to B for his life, and after B's death to epi ibe a8 shall first attain the age of 26. Bdies in the lifetim of the testator, leaving one or more sons, In this caso tho ee of B are persons living at tho timo of the testator\u2019s deee = and tho time when cither of them Will attain 26 noe tile falls within his own lifetime,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c91"}}
{"text": "at tho timo of the testator\u2019s deee = and tho time when cither of them Will attain 26 noe tile falls within his own lifetime, Tho bequest is valid, oveasare\u2019y (it) A fund is bequeathed to A for his li i death to B for his life. with a direction thet sia wa a it shall be divided amongst such of B\u2019s children as shal] ital tne pee of 18, but that, if no child of B shal cue eee attain the fund shall go to C. einen nt age, fund must arrive at tho latest at the expiration 3 ] from the death of B, ivi All the bequests are ee id living at the testator\u2019s tleceage, (v) A fund ig bequeathed to t r : Tust the testator 8 daughtors, with a direction the te ae re marry under age, her share of tho fund shall be Wien to devolyu after her death Upon such of } hil attain the uu of 18, Any da Bie the daughte . F valid. ghters whose sharo it waa, All these Provisions are 115. If a bequest is made to & class of per- Bequest to a class sume 8008 with Tegard to sume ae mh \u2018ome under Of whom it is Inoper. ti Ta) fevtions 113 and by reason of the provivions of secti \u2018 : 114, euch bequest shall be wholly void. Me seein ae \u2018) A fund {s bequeathoi to A for lifo, ang to ah his children", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c92"}}
{"text": ": 114, euch bequest shall be wholly void. Me seein ae \u2018) A fund {s bequeathoi to A for lifo, ang to ah his children vine shall attain tho ago of Dt his dey tho testator, and has somo childron livin at tho ; doath. Each child of A\u2019sliving at tho testator\u2019s q tes attain tho ago of 26 (if at all) within the limits allow bequest. But A may havo childron aftoy thio ed for, decoaso, some of whom may not attain tho Ag0 of 25 ya tor'y than 18 years iinvo elapsed after tho deceasy of Ntil mor, bequest to .\\\u2019s childron, thoroforo, is inoperative as ohild born after the testator\u2019s death ; and, as it is given his children ns a claas it is not-good as to any division cr all class, but is wholly void. OF thas \u2018t) A fund is bequeathed to A for hig life, die to B, (, D and all other children of A who shee hiy tho aro of 25. B,C, D aro childron of A living at th Attain tora decease. In all other respects tho caso is tho 0, that supposed in Iusiration (i). \u2018Tho mention (e\u00b0q9@ a D by name does not prevent tho bequest from boing nals and asa bequest toa class, and the bequest is wholly yoj Banted Illustrations, 116. Where a bequest is void by TeA8ON of ap of the provisions Of section Bequest to take effect on 1] 3, section 114, OF See. failure", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "114", "domain": "inheritance", "chunk_id": "The Indian Successio_c93"}}
{"text": "a bequest is void by TeA8ON of ap of the provisions Of section Bequest to take effect on 1] 3, section 114, OF See. failure of bequest void tion 115, any bequest \u00a2 under wection 113, 114 or tained in the \u2018dine Mn- 118. ; ; and intended to take effect after or upon failure of such Prior bequest is also void. Alustrat \u2014 (i) A fund is bequeathed to A for his lifo, and i death to such of his sons as shall first attain tho are for his life, and aftor the decease of such son toB, A andB survivo tho testator. Tho bequest to B is intended to take oe. atte tno aoe to such of tho sons of A ng Shall first a-tain tho age of 26, which bequest is void und i Tho bequest to B is void. ' nna (11) A fund is bequeathed to A for his life, and aftor his to such of his sons og shall first attain tho ago of 25, and, it Hy son of Ashall attain that age, to B. A and B survivo tho tes. tator. \u2018Tho bequest to Bisintended to takeoffect upon failure of tho bequest to such of A's sons na shall first attain tho ageol Tie bequest is yoid under section 114. The bequest to 117. A direction to accumulate the income \u201cer Secgs arising from any property wai for hall be void ; and the pro- . perty shall be disposed of as", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "114", "domain": "inheritance", "chunk_id": "The Indian Successio_c94"}}
{"text": "accumulate the income \u201cer Secgs arising from any property wai for hall be void ; and the pro- . perty shall be disposed of as if no accumulation had been directed. Exception\u2014Where the property is immoveable, or where accumulation is directed to be made from the death of the testator, the direction shall be valid in Tespect only of the income arisiDg from the Property within one year next following the testator\u2019s death : and at the end of the yeat such Property and income shall be disposed of Tespectively, as if the period during which the accumulation has been directed to be made had elapsed. Illustrations, (i) The will directs that =e d the sum of 10,000 rupces shall b: ae wD ovement ecuritics, and tho cane accuDl Te years, and that tho Principal, together with th and C ane angen ten be divided botween A, B and aul ed to recej tho end of a year from tho testaloegatene \u201ca (\"\\) Tho will directs t] : ed : hat 10,00 be invested Fates ad to hie mlated until A shall \u2018marry, aud s m. <A is entit] i * ase ofa year from tho erred aegie = ont ee bn Willdirects that the rents of the farm of Sultanp*? shall bo Hears for ten years, and that the accumulatio\u00ae testator, A N paid ta the eldest son of A At thedesth of tho at tho end ra an eldest con living, named B. B will receiv\u2019 have necrued", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c95"}}
{"text": "ta the eldest son of A At thedesth of tho at tho end ra an eldest con living, named B. B will receiv\u2019 have necrued diy year from the testator\u2019 death, the rents whieh may h anog the year, together with suv interest whieh ave bee ma fo by investing tiem. y yo] THE GAZETTE OF INDIA, OCTOBER 10, 1925. 91 Pe tho farm of Sultanpur \u201c1 dirocts will diroe ten years, and that tho accumu. y (im eecumula \u2018aio tho oldest son of A, At tho death jal pall then Gena son. Tho bequost is void. _ bio tstators , sum of monoy to B, to bo paid t2 him / ; begun thoago of 18, and directs tho interest to bo f ri od 708 ( sabes a bo abel tio ema of Uv intenat wee act 03 vi intonanceand education is accumulated, bat ined forhit the direction contained in tho will, but in \"1 by att B's minority. oe n having a nephew or niece or any 118. No me nearer relative shall bave to religious or power to bequeath any \u2018plo Use pope to aoe or t by a will executed not lese aritable Sethe \u201cbefore his death, and a within six months from its execution in depos! Jace provided by law for the safe custody we vill of living persons. IUustrations. Absving a nophow makos a boquost by a will not executed wid deposited a8 required\u2014 for the relief of poor people ; for the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c96"}}
{"text": "IUustrations. Absving a nophow makos a boquost by a will not executed wid deposited a8 required\u2014 for the relief of poor people ; for the maintonanco of sick soldiers ; \\ for the erection or support of a hospital ; furtho education and preferment of orphans ; for tho support of scholars ; for tho erection or support of a school ; for tho building and repairs of a bridgo ; for the making of roads ; for tho erection or support of a church ; for tho repairs of a church ; for tho benefit of ministors of religion; for the formation or support of a public garden ; Allthese bequests ore void. urital \u2014 CHAPTER VIII. Or THE VESTING or LeGaciEs. 119, Where by the terms of a bequest the pu eating of legacy ica is not entitled to Entestromed CF Posses- Immediate possession of htt one the thing bequeathed, a i Tecelve it afi the proper time shall, unless a sawn rape appeara by the will, become all bo \u00e9 legatee on the testator\u2019s death, and before 7 0 the legatee\u2019s representatives if he dies a * that time and without having received the ae and in such cases the legacy is from the Ts death said to be vested in interest. E : , tplanation,\u2014.Ay intention that a legucy to an tin oe a not become vested in interest in There \u00a9 inferred merely from a provision bea Payment or possession of the thing terest therein", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c97"}}
{"text": "tin oe a not become vested in interest in There \u00a9 inferred merely from a provision bea Payment or possession of the thing terest therein sf ostPoned, or whereby a prior in- T herp}, te bequeathed to some other ferson, Weathe, Hl in come arising from the fund be- tine of pa \u201cected to be accumulated until the tay oe arrives, or from a provision that, T event shall happen, the legacy shall \u2018nother person, tha be TRustrations, B 100 rupees, to bo paid to him at the tay DR, a A\u2019s desth the legacy eames vested in ies before (, his represantutives are tas np iteaths \u00a2 . Teg ing \u00a9 B 10\u00a2 rupees, to be paid te him upon \u201ctig ictees i of 18. On A\u2019s death the Iezncy becomea t (iff) Afund is boqueathed to A for life, and after his death \u00a9 B. On tho testator\u2019s death t in interest in B. # death the legacy to B becomes vested (iv) A fund is bequeathed to A until B attains the ago of 18 and then to B. The lo to Bi ted ini testator's death. Boy is vested in interest from tho (v) A hequeaths tho wholo of his property to B upon trust to pay c2rtain dolits out of tho income, and then to make over the fund to G, At A\u2019s death the gift to C becomes vested in interest in him, {vr) A fund is bequeathed to A, BandC in equal shares", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c98"}}
{"text": "G, At A\u2019s death the gift to C becomes vested in interest in him, {vr) A fund is bequeathed to A, BandC in equal shares to be paid to them on their attaining tho ago of 18, respectively, with a proviso that, if all of them dio undor tho ago of 18, tho legacy shall dovolyo uponD, On the death of the testator, the shares Yosted in interest in A, B and C, subject to bo divested in case A, B and C shall all dio under 18, and, upon the death of any of them (oxcopt tho last survivor) undor tho age of 18, his vested interest passes, 80 subject, to his representatives, 120. (1) A legacy bequeathed in case a specified Date of yesting when UNCertain event shall hap- legacy contingent upon pen does not vest until specilied uncertain event. that event happens, (2) A legacy bequeathed in case a specified un- certain event shall not happen does not vest until the happening of that event becomes impossible. (3) In either case, until the condition has been fulfilled, the interest of the legatee is called con- tingent. Exceplion.\u2014Where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequeat of the fund is not contingent.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c99"}}
{"text": "the income, or so much of it as may be necessary, to be applied for his benefit, the bequeat of the fund is not contingent. i] Illustrations. (i) A legacy is bequeathed to D in case A, Band \u00a9 shall all dio undor the age of 18. D has a contingent interest in the legacy until A, B and Call dio undor 18, or oncof them attains that age. (ii) A sum of monoy is bequeathed to A \u201cin care ho shall attain {ho ago of 18,\" or \u201c whon he shall attain the ago of 18. \" A's intureat in the legacy is contingent until tho condition is fulfilled by his attaining that age. ih) An oatate is bequoathed to A for life, and after his death a t 33 shall then be living ; but if B shall not be then living to C. A, Band C survivo the testator. Band C each take a contingent interest in the estate until tho event which is to vest itin onc or in the other has happened. iv) An estate is bequeathed asin tho caso last supposed. B den the lifetimo of A and C. Upon tho death of B, Crnequires a vested right to obtain possession of the estate upon A\u2019s donth, ' A legacy is bequeathed to A when sho shall attain tho meal 18, oF shail Saag under that ago with the consent of B, with o proviso that, if sho neither attains 18 nor marries under", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c100"}}
{"text": "meal 18, oF shail Saag under that ago with the consent of B, with o proviso that, if sho neither attains 18 nor marries under that ago with B's consent, tho logacy shall go to C. A and Ceach tako a contingent interest in tho legacy. A attains tho age of 18. A becomes absolutely entitled to the legacy although sho may have married under 18 without the consent of B. i stato is ueathed to A until ho shall marry and eine Sent to ae intorest in the bequest is contingent until the condition is fulfilled by A\u2019s marrying. ii tate is bequeathed to A until he shall take advan. i neem ra tho relicf of insolvent debtors, and after that evontto B. B\u2019sinterest in the bequest is contingent until \u2018A takes advantage of such a law. ae tate is boqueathed to A if ho shall pay 500 rupees tof. i inlercst in tho bequest is contingent until he has paid 500 rupees to B. schutd to B it D shalt . ves his farm of Sultanpur Khurd to if B s (ie) oe fee of Sultunpur Buzurg to C. B\u2019s interest Ske bequeat is contingent until he has conveyed the latter farm to Cc. THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Parr yy \u2014_\u2014\u2014 i t marry C within hed to Ail B shall not mal val terest in tho logaoy , tator\u2019s death. \u2014 A\u2019sin oy i contin a eal he condition 13 fulfilled oh the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c101"}}
{"text": "B shall not mal val terest in tho logaoy , tator\u2019s death. \u2014 A\u2019sin oy i contin a eal he condition 13 fulfilled oh the expire \u201ctian of the five y \u2018thout B's having married C, or by riod of an event which makes tho (z) A fund is bequeat i i dto A if B shall not make any pro- ciion efeie be the legacy is contingent until B's death, : 7 sein ii 00 rupees a year upon his attaining a A bequests feota that \u2018tho interest, or 4 sonipetentt See benial shall be applied for his benefit until he reaches that age. \u2018Tho legacy is vested, Y ttain the 7) aths to B 500 rupees when hie shall a 7 Dra directs that a certain sum, out of another prin shiall be applied for his maintenance until ho arrives at that epacy\u2019 i tingent. age. The legacy is con 121, Where o bequest is made only to such members of a class as shall Vesting of interest in have attained a particular bequest to such aera age, a person who has not are \u2018 Ortcined articulate ma attained that age cannot have a vested interest in the legacy. Illustration. A fund is bequeathed to such of tho children of A as shall attain the ago of 18, with a direction that, while any child of A shall be under the age of 18, the income of the sharo, to which it may be presumed he will be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c102"}}
{"text": "any child of A shall be under the age of 18, the income of the sharo, to which it may be presumed he will be event ually entitled, shall be applied for his maintenance and education, No child of A who is under the age of 18 hns a vested interest in the bequest. CHAPTER IX. \u2019 Or Onerovus Bequests, . 122, Where a bequest imposes an obligation on the legatce, he can take nothing by it unless he accepts it fully. Illustration, Oncrous bequests. A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in difficulties, in \u00a9 respect of whicl? shares heavy calls are expected to bo made, bequeaths to B all his shares in joint stock companies; B refuecs to accept tho shares in (Y). He forfeits the shares in (X). 128, Where a will contains two separate and independent bequests to One of two separate the same Person, the and independent =be- 7, . : quests to saine person ma legatee is at liberty to bo accepted, and other &ccept one of them and refused, refuse the other, although the former may be bene- ficial and the latter onerous, Illustration, A, having a lease for a term of years of a house at waich he and his representatives aro bound to pay dludiie'the term, and which is higher than the house can be let for bequeaths to B the lease and a sum of money, B refuses", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c103"}}
{"text": "dludiie'the term, and which is higher than the house can be let for bequeaths to B the lease and a sum of money, B refuses to accept the lease. He will not by this refusal forfeit. the honey. CHAPTER X, Or ContTINGENT Bequests. 124. Where a legacy is given if 2 specified un- certain events Bequest contingent upon aud no time j ball happen specified uncertain event, yg) mcationed ho time being mentioned 1 the will for the occur- for its occurrence, rence of that event, the legacy cann ot take effect untess such event happens before the period when the fund bequeathed is payable or distributable, \u2014\u2014 ee Illustrations, ') Alegacy is bequeathed to A, and, in cage of his rh Me aA Farvives the testator, the legacy to B doeg neat effect. : tak, ii) A legacy is bequeathed to A, and, in caso of hi watheu children, to B. if A survives the testator onde his lifetime leaving a child, the legacy to B dopg oi i offect. ti) A legacy is bequeathed to A when andif ho atte: ons al 18, and, in case of his death, to B. A\u2019 attaing Gat of 18. Tho legacy to B docs not take effect, age iv) A legacy is bequeathed to A for life, and, after}; tole aaa a case af B's death without children,\" ion death words \u201cin case of B\u2019s death without children \u201d an \u2018to i understood as meaning in case B dies without children", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c104"}}
{"text": "without children,\" ion death words \u201cin case of B\u2019s death without children \u201d an \u2018to i understood as meaning in case B dies without children dur the lifetime of A. \u2019 Unng v) A legacy is bequeathed to A for life, and, after hi to. and in caso of B's death,\u201d toC. Tho words \u2018ian of B's death\u201d aro to be considered as meaning \u201c jp cas f dies in the lifetime of A.\u201d 125. Whereas bequest is made to such of Certain Bequest to such of DEESONE a8 shall be Burviy. certain persons aos shall Mg at some period, but be surviving at some period the exact period is not not specified. specified, the legacy shall go to such of them as are alive at the time of pay. ment or distribution, unless a contrary intention appears by the will. Illustrations, (\u2018) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A and} survive the testator, the legacy is equally divided betwen them. If A dics before the testator, and B survives tho teste tor, it goes to B, (i?) Property is bequeathed to A for life, and, after his death, to B and C, to be equally divided between them, or to the survivor of them. B dies during the life of A; C survives A, At A\u2019s death tho legacy goes to C. (11) Property is bequeathed to A for life, and after hi death", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c105"}}
{"text": "of A; C survives A, At A\u2019s death tho legacy goes to C. (11) Property is bequeathed to A for life, and after hi death to B and C, or the survivor, with a direction that, if B should not survive the testator, his children are to stand in his place. C dies during tho life of the testator ; B survives the testator, but dics in the lifetime of A. The legacy goes to th: representative of B (\u2018v) Property is bequeathed to A for life, and, after bis death, to B and C, with a direction that, in caso cither cf them dies in the lifetime of A, the whole shall go to the eur vivor. B dics in tho lifetime of A. Afterwards C dies the lifetime of A. Tho legaoy gocs to tho representative of CHAPTER XI. Or Connrtionan BEQUESTS. | 128. A bequest upon an impossible condition b Bequest upon impos i sible don ation? pos: void, Illustrations () An estate is bequeathed to A on condition that ho shel Walk 100 miles in an hour, The bequest is void. wl s ii iti : the will The bequest is void. 127. A bequest upona condition, the fulfil a of which would be @ | trary to law or to me ty, is void. Pe:juest upon jl] ; e Immoral cundition, Eel or Illustrations. ueaths 500 rupees to B on condition that The bequest is void. (3) A bequeaths #000 is niece if he will", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c106"}}
{"text": "cundition, Eel or Illustrations. ueaths 500 rupees to B on condition that The bequest is void. (3) A bequeaths #000 is niece if he will \u00a2 her kusband. \u2018The bequestiis vod. misses (i) A be \u2018pe el murder C arp ctit of \u201c Y lent to vt a THE GAZEATE OF INDIA, OCTOLER 10, 1995 93 gap the thing bequeathed, wast lS ll be considered to have been ce ation sha ihe et i has been substantially complied with. jillod Illustrations. ; bequeathed to A on condition that hoe shall aa kgiey von sont of B,C, Dand E. A marrics with tho witht tof B, Cis present at the marriage, D sends a ren camer us tothe marriage. 1 has been personally a0 peel hig intentions, and has made no objection. cs edad the condition. 4 vey is bequeathed to A on condition that he shall ipa ken consent of B, Cand D. Ddies. A marrics with : dC. A has fulfilled the condition, teorneat of Ban 4s wy 4 Jogacy i8 bequeathed to A on condition that ho shall ii) Al fe the consent of B, C and D, A marries in tho cst i B, Cand D, with.the consent of B and C only. as ot fulfilled the condition. jin Alogacy is bequeathed to A on condition that he shall ewith the consent of B, C and D. A obtains the uncondi- oi went of B, Cand D to his marriage with E. After. or y, C and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c107"}}
{"text": "of B, C and D. A obtains the uncondi- oi went of B, Cand D to his marriage with E. After. or y, C and D capriciously retract their consent. A mits E A has fulfilled the condition. (r) Alegacy is bequeathed to A on condition that he shall with the consent of B, Cand D. A marries without tho iseat of B, C and D, but obtains their consent after tho cumiage, A has not fulfilled the condition. (ri) Amakes his will whereby he bequeaths a sum of money Bil B shall marry with tho consent of A\u2019s exccutors, B pura during the lifetime of A, and A afterwards expresses Yeapprobation of the marriage. A dics. Tho bequest to B tleseffect. (i) A legacy is bequeathed to A if he executes a certain deement within a time specified in the will. The document acueuted by A within a reasonable time, but not within the tres! \u00a2cified in the will, A has not performed the condition, dis not entitled to receive the legacy. 129, Where there isa bequest to one person Bequest to A and on 0d a bequest of the same on of prior bequest thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure if the prior bequest although the failure may tot have occurred in the manner contemplated by the testator. aks Sita @ btgue te, peeduest vig? and A ty, the it imy, Illustrations, fi) A be 5", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c108"}}
{"text": "in the manner contemplated by the testator. aks Sita @ btgue te, peeduest vig? and A ty, the it imy, Illustrations, fi) A be 5 ran evi hie eae sum of m = ring oncy to his own children ha having ever if they all dic under 18, to B, A dies had a child. The bequest to B takes all A bequeaths a a eteeute en sum of money to\u2019 B, on condition that he th, and n document within three months after A\u2019s tory tiene should neglect to do so, to C, B dics in tho *. The bequest to C takes effect. 180, Whe heave fre the will shows an intention that cits take bequest. the second bequest shall \u201cffing St On take effect only in the \u201cing in a maces event of the first bequest dul Not Particular manner, the second bequest that pa \u00a9 effect, unless the prior bequest fails ticular manner. Illustration. \u201cqueath to his wife, but.in case she shanld die in hy cies to B that which he had bequeathed to iv Perish together, under circumstance\u00bb B oe to prove that she died before him, Cs not tale effect. vty to se \u2014\u2014 = = 131. (1) A bequest may be made to any per- Bequest over, condi. 508 With the condition sane upon happening or superadded that, in case a aad eee specified specified uncertain event shall happen, the thing bequeathed shall go to another person, or that mM Case a specified", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c109"}}
{"text": "in case a aad eee specified specified uncertain event shall happen, the thing bequeathed shall go to another person, or that mM Case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person, pst wv _ _ __ an o,8 an ve a Will imposes a condition to be yg. Wher? \" fulfilled before the legatee as can take a vested interest (2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 199, 123, 124, 125, 126, 127, 129 anid 130, * Iilustrations. (1) Asum of moncy is bequeathed to A, to be paid to him at tho age of 18, and if he shall die before he attains thafage, to B. A takes a vested interest in the legacy, subject to bo divested and to go to B in care A dies under 18. (\u2018.) An estate is bequeathed to.A with a proviso that if A shall dispute the competency of the testator to make a will, the estate shal] go to B. A disputes the competency of the tes- tator to make a will. The estate gocs to B. \u2018 (\u00ab) A sum of money is bequeathed to A for life, and, after his death, to B; but if B ehall then be dead, leaving o son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c110"}}
{"text": "to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in .A\u2019s lifetime. (iv) A sum of money is bequeathed to A and B, and if either should die during the life of C then to the survivor living at the death of C. Aand BdiebeforeC. The gift over cannot take effect, but the representative of A takes one-half of the money, and the representative of 3 takes the other half. (v) A bequeaths to B the interest of o fund for life, and directs the fund to be divided at her death equally among her threo children, or such of them as shall be living at her death. All the children of B dic in B's lifetime. The bequest over - cannot take effect, but the interests of the children pass to their representatives. 132. An ulterior bequest of the kind contem- plated by section 131 can- not take effect, unless the condition is strictly ful- filled. Condition must be strict- ly fulfilled. [Mestrations. \u201cA legacy is bequeathed to A, witha proviso that, if he mnie Nithout the consent of L, C and D, tho legacy shall gotoE. D dics. Evenif A marrics without the consent of E and C, the gift to F docs not take effect. ; eracy is bequeathed to A, with a proviso that, ifhe Bk Tithe \u2018ig consent of B, the legacy shall go to C, A marries with", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "131", "domain": "inheritance", "chunk_id": "The Indian Successio_c111"}}
{"text": "eracy is bequeathed to A, with a proviso that, ifhe Bk Tithe \u2018ig consent of B, the legacy shall go to C, A marries with the consent of B. He afterwards becomes o widower and marries again without the consent of B. The bequest to C does not take effect. a. 7 is bequeathed to A, to bo paid at 18, or meshes, BHA cele that, if A dies under 18 or marries without the consent of B, the legacy shall gotoC. A mares under 18, without the consent of B. The bequest to C takes effect. 133. If the ulterior bequest be not valid, the bequest not original bequest Is not Original : . fe invalidity of affected by it. affected by second, Tttuctr. tions. te ig heqneathed to A for his life with condition that if he shall not on a given day walk 100 the estate shall go to B. The condition tains his estate as if no condition had been (i) An est superadded thet, miles in an hour, being void, Are inserted in the will. \u201c tate is bequeathed to A Bae nein her husband, to h. A duiins her life a5 if no condition will (iii) An estate is bequeathed for her life and, if she do is entitled to the estate had been inserted in the to A for life, and, if he marries, [dest s fBlorlife, DL atthe date of the testater\u2019> ead at jad aston, The oe st over is i", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c112"}}
{"text": "for life, and, if he marries, [dest s fBlorlife, DL atthe date of the testater\u2019> ead at jad aston, The oe st over is i uaor ae = iz entitled t+ tLe estute \u00a2 uri fas tue. section 105, und A is entitlc Wp THE GAZETTE OF INDIA, OCTOBER 10, 1925. U Pare yp = ay be made with the con- 184 4 Dequest nition superadded that it Bequest. conditioned \u2014 ghall cease to have effect in that it shall ceare to case @ specified uncertain fleet in cast a i asad Muneertain event shall happen, or in event shall happen, or case a specified uncertain not happen. event shall not happen. Hlustrationa, An estate is bequeathed to A for his life, with a proviso rey a \u2014 he vhall cut down a certain wood, the bequest shall cease to have any effect. A cuts down the wood. He loses his life-interest in the estate. (ii) An estate is bequeathed to A, provided that, if he marrios under tho age of 20 without tho consent of the executors named in the will, the catate shall cease to belong to him. A marries under 25 without the consent of the executors. Tho estate ceases to belong to him, (iii) An catate is bequeathed to A, provided that, if he shall not go to England within threo years after the testator's death, his interest in the estate shall cease. A docs not go to England within the time prescribed. His interest in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "105", "domain": "inheritance", "chunk_id": "The Indian Successio_c113"}}
{"text": "years after the testator's death, his interest in the estate shall cease. A docs not go to England within the time prescribed. His interest in tho estate cCases. \u00bb (iv) An estate is bequeathed to A, with a proviso that if sho becomes a nun, she shall cease to have any interest in the estate. A becomes a nun, She loses her interest under the will. : (r) A fund is bequeathed to A for life, and, after his death, to B, if B shall bo then living, with a proviso that, if B shall become a nun, the bequest to hershall cease to haye any effcct- B becomes a nun in the life-time of A. She thereby Joses her contingent interest in the fund. 185. In order that a condition that a bequest Such condition must Shall cease to have effect not be invalid under may be valid, it is necessary eeotion:120. that the event to which it relates be one which could legally constitute the a of a bequest as contemplated by section 0. 136. Where a bequest is made with a condi- Result of legatee tion superadded that, unless rendering impossible or the legatee shall perform a indefinitely postponin : : act for which ne time Certain act, the subject- specified, and on non. Matter of the bequest shall performance of which go to another person, or the pee atten (0 Eo ines shall cease to have eflect but no time is speci: fied for the performance", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "0", "domain": "inheritance", "chunk_id": "The Indian Successio_c114"}}
{"text": "go to another person, or the pee atten (0 Eo ines shall cease to have eflect but no time is speci: fied for the performance of the act; if the ieret\u00e9s takes any step which renders impossible or inde- finitely postpones the performance of the act required, the legacy shall g0 as if the legatee had died without Performing such act, \u2014~ TMustrations, (1) A bequest is mado tu A, witl i i With o ? rae the Amy, the legacy shall on aveier in vier i oly Orders, and thereby rende I Uisshoua | ne ns it impossi fulfil the condition, ZB is entitled to Seon ihe eee (i) A bequest i made to A, wi (ii | : \u00bb With a i i = \u00a2 to have any effect if he docs not many Be : fe A marncs a stranger and thereby indefinitely postpones in . ee fulfilment of the eye a effect, of the conditions, The bequest ceases to have 137, Where the Performance of con. dition, precedent r Within a : : eubsaiucnt, within spe Specified time, Cie ie hin pe either as a condition to time in ease of ttt fulfilled before the legacy \" enjoyed, or as a condition h the subject. 8 to 20 over to another pen have effect, the act must be performed within the time sno: unless the performance of it be Prevented bil in which case such further time shal] be alt, Taud shall be requisite to make", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c115"}}
{"text": "time sno: unless the performance of it be Prevented bil in which case such further time shal] be alt, Taud shall be requisite to make up for the delay Wed a by such fraud. Casey CHAPTER XII, Or Bequests wirH DIrEcTIONs As 79 APPLIcan, N on ENJOYMENT, 138, Where a fund is bequeathed absolute] \u00a5 to Direction that fund \u00b0F for the benefit of any bo omployed in parti- Person, but the wil] Conta} oun ae oom a direction that it shall 0 ucat 0 . : sam ite or for benefit applied or enjoyed in , of any person. particular manner, thy _legatee shall be entitled tp receive the fund as if the will had contained no such direction, Lilustration, A sum of moncy is bequeathed towards purehasin residence for A, or to eee an annuity for A, oe to ae A in any business, A chooses to reccive the legacy in Mon: He is entitled to do so. } 139. Where a testator absolutely bequcathss Direction that modo fund, SO as to sever it from of enjoyment of abso. his own estate, but: directs lute bequest is to be : conta on ee that the mode of enjoy- specified \u2018benefit {or Ment of it by the legates legatce. shall be restricted so as to ; secure a specified benefit for the legate ; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. t Illustrations.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c116"}}
{"text": "if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. t Illustrations. tho daughters shall bo settled u on themselyes respectively {et ae and bo aid to their childeon after their doth, All th: | aughters dio Bamarried. Tho representatives of cat: daughter are entitled to her share of tho residue. (ii) A directs hig trustees to raiso 2 sum of monoy for ki daughter, and ho then directs that they shall invest tho f di d pay tho income arising from it to her during her life, a! quale tho Puucipal among her children after her death o daughter dics without having ever bad ao child. ltt | represtntatives are entitled to the fund. 140. Where a testator does not absolutely Bequest of fund for bequeath a fund, so os\" of whi some sever it from his own \u00e9s pi ful\u00e9lied, | \u201c\u2122\"\u00b0t be but gives it for certaim pr poses, and part of tho Purposes cannot be fulfilled, the fund, or so mu of it as has not been exhausted upon the object contemplated by the will, rem ins a part of estate of the testator, . , Illustrations. . @) A directs that his trustees shall invest a sum of sore me par cular way, and shall pay the interest to his \u00a3\u00a2\" \u00bb and at his death shall divide the principal amon\u2019, children. \u00a9 Bun dies wi : hil fund 0 dics without", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c117"}}
{"text": "interest to his \u00a3\u00a2\" \u00bb and at his death shall divide the principal amon\u2019, children. \u00a9 Bun dies wi : hil fund 0 dics without having ever had ach : ae eed the son'y death, belongs to the estate of (i) A bequeath: the resi : aivid \u2018 tay 'sidue of his estate, to be 7) baeeliy among his daughters with a direction that they oe Seems t \u20ac interest only during their lives, and that 4 nett hes the fund ehall \u00a30 to their children. The dane ve nochildren. The fund belongs ta the estate of the t JV) THE GAZETTE OF INDIA, OCTOBER 10, 1995, 95 \u2014\u2014 CHAPTER XIII. or BEQUESTS To AN TxECUTOR, is bequeathed to a person who 41. Ifa legacy es named an executor of named 28 the will, he shall nottake beste? cannot tk the legacy unless he proy- oe be HOTS OO e@8 the will or otherwise fon co act 8 manifests an intention to act as executor. Illustration, estes who is named an executor. A orders sects sive a. tho directions contained in the will, ws, funeral es +3 after the testator, without having proved ga dies 4 jena ifested an intention to act as exceutor, CHAPTER XIV. Or Speciric Lecactres. 49, Whorea testator bequeaths to any person a specified part of his pro- gyectio Iegaey defined. Hort, which is distin- ished from all other parts of his property, the | jzacy is said to be specific : , Illustrations, (i A", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c118"}}
{"text": "Hort, which is distin- ished from all other parts of his property, the | jzacy is said to be specific : , Illustrations, (i A bequeatlis to B\u2014 \u201cthe diamond ring presented to me by C\u201d: \u201cmy gold chain \u201d: \u201ca certain bale of wool \"\": \u201ca certain piece of cloth \": \u201call my household goods which shall be in or about my dwelling-house in M. Street, in Calcutta, at time of my death \u201d': \u201cthe sum of 1,000 rupces in a certain cheat: \u201cthe debt which B owes me\u201d: \u201call my bills, bonds and securities belonging to me lying inmy lodgings in Calcutta \u201d: \u201call my furniture in my houso in Calcutta \u201d: \u201call my goods on board a certain ship now lying in the river Hughli \u201d: \u201c2,000 rupees which I have in the hands of C\u201d: \u201cthe money duo to me on the bond of D\u201d: \u201cmy mortgage on the Rampur factory \": \u201cone-half of the money owing to me on my mort- gage of Rampur fuctory \u201d: . . 1,000 rupees, being part of a debt due tome from \u201cmy capital stock of 1,002. in East India Stock\u2019\u2019: \u201cmy Promissory notes of the Government of India for 10,000 rupees in their 4 per cent. Joan \": a all such sums of Moncy as my executors may, after My death, receive in respect of the debt due fo me from the insulyent firm of Dand Com- pany \"?: all the Wine which I may have in my", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c119"}}
{"text": "respect of the debt due fo me from the insulyent firm of Dand Com- pany \"?: all the Wine which I may have in my cellar at the Me of my death \": au Such of my horses as B may select \u201d, Ty sll my shates in the Imperial Bank of India \u201d: Ty all my shares in the Imperial Bank of India which MAY possess at the time uf my ceath\u201d: \u201call the mon : 7 ey which I have in the 5} per cent. 4 \u00aean of the Government of India \": me Goverment sccuritics I shall be entitled sti Oat the time of my decease.\u201d ti) g , se legaciog is specific, tie, beaeatg Covernment promissory notes for 10,100 1 toy 10,009 * to his executors \u2018* Government promissory _ Yap in trust to :e!l\u2019\" for the benefit of B. f a i i bequeath ng all hia property at Deanree, mothe specifi , (iv) A bequeaths to B \u2014 his house in Caloutta : his zamindari of Rampur: his talug of Ramnagar : his lease of the indigo-factory of Salkya : an annuity of 500 rupecs out of the rents of his zamindari of W, A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B. Each of these bequests is specific. T places evacy is -(v) A by his will charges his zamindari of Y with an an- nuity of 1,000 rupees to C during", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c120"}}
{"text": "specific. T places evacy is -(v) A by his will charges his zamindari of Y with an an- nuity of 1,000 rupees to C during his life, and subject to this charge ho bequeaths the zamindari to D. Each of these bequests is specific, : (vi) A bequeaths a sum of money \u2014 to buy a house in Caleutta for B : to buy an estate in zila Faridpur for B: to buy a diamond ring for B: to buy a horse for B: to bo invested in shares in the Imperial Bank of . India for B: to be invested in Government securities for B, A bequeaths to B\u2014 \u201ca diamond ring \": \u201ca horso \": ** 10,000 rupees worth ot Government securitica \": \u201can annuity of 500 rupees \": = 2,000 rupees to be paid in cash\u201d: \u201cso much money as will produce 5,000 rupees four per cent, Government securities,\u201d Theso bequests are not specific. (vit) A, having property in England and property in India, bequeaths a legacy to 3, and directs that it shall be paid out of the property which he may leave in India, He also be- queaths a legacy to C. and directs that it shall be paid out of property which he may leave in England. No one of these legacics is specific. 143. Where o certain sum is bequeathed, the legacy is not specific mere- Bequest of certain sum ly because the stock, funds where stocks, ctc., in which or securities in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c121"}}
{"text": "is bequeathed, the legacy is not specific mere- Bequest of certain sum ly because the stock, funds where stocks, ctc., in which or securities in which it invested are described. is invested sre described in the will. \u2019 Illustration, A bequeaths to B\u2014 ** 10,000 rupees of my funded property \": \u20ac 10,000 rupees of my property now invested in shares of tho East Indian Railway Company \u00b0: $0,000 rupees, at present secured by mortgage of Rampur factory.\u201d No ono of these legacies is specific, 444, Where a bequest is mado in general terms of a certain amount of any Bequest of stock where ind of stock, the legacy testator had, at date Bt is not specific merely be- Ue atk af samme cause the testator was, kind. at the date of his will, possessed of stock of the specified kind, to an equal or greater amount than the amount be- queathed. Illustration, . . t bequeaths tu B 6,000 rupees five per cont. Govyernmen somite eh ha lat the dite of the Ne live per cent, ae ee ees 5.00) yeas Thelegivy isnot specilic. ment securities fo. 6,000 ruy 3 i ae 96 THE GAZETTE OF INDIA, OCTOBER 10, 1925. U Pany y 145, A money legacy is not specific merely Pe aire er payment to be postponed not payable until\u201d part o wl nee ake j rty dispos- until some ] testator\u2019s property pape SS ee econ ed of in certain way. fae has been reduced tv a", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c122"}}
{"text": "nee ake j rty dispos- until some ] testator\u2019s property pape SS ee econ ed of in certain way. fae has been reduced tv a certain form, or remitte to a certain place. Illustration. irecty that this me shall be paid a romans propaty tnt shall bo realised in England. Tho legacy is not specific. 146. Where a will contains a bequest of the {kien enumerated Tesidue of the testutor\u2019s articles not deemed speei- property alony with an fically bequeathed, enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. 147, Where property is specifically bequeath- . ; ed to two or more per- of mec tliel Reqd eee Gone in succession, it veral persons in sucees- shall be retained in the i wal form in which the testa- tor left it, although it may be of such a nature that its value is continually decreasing. INustrations. (\u2018) A, having lease of a housefora term of years, fiftvon of which were unexpired at the timo of hia death, has bequeath- ed the lease to B for his life, and after B\u2019s death toc. B is to enjoy the property as A loft it, although, if B lives for fifteen years, C can tako nothing under tho beqrest. (1) A, having an annuity during the lifo of L, bequeaths it to C, for his life, and, after C's death, toD. Cis to enjoy the annuity as A left it, although, if", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c123"}}
{"text": "of L, bequeaths it to C, for his life, and, after C's death, toD. Cis to enjoy the annuity as A left it, although, if B dies beforo D, D can take nothing under tho bequest. 148, Where property comprised in a bequest to two or more persons in succession is not speci- fically bequeathed, it shall, in the absence of any direction to the con- trary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms the will. \u00b0 . Sale and investment of proceeds of property be. queathed to two or more Persons in aiftcession. Tlustration. A, having o lease for a term of i property to B for life, and, after Biedeath, we The pet\u2019 must be sold, the proceeds invested as stated in this section and tho annual income aris . / B for life. At B's death thy wot itd i to be paid to Taid to C. *he capital of the fund is to be ciency of assets to pa Where \u2014 deficiency of legacies, a specific lene specilo Ienach legacies, 18 not liable to abate not to abate with general legacies? With the general legacies, eee | CHAPTER xy. Or Demonstaarryy Lraactrs 150. Where testator hbequeaths 2 certain ine mttative lesacyde. SIUM of money, or a cep : tain quantity commodity,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c124"}}
{"text": "| CHAPTER xy. Or Demonstaarryy Lraactrs 150. Where testator hbequeaths 2 certain ine mttative lesacyde. SIUM of money, or a cep : tain quantity commodity, and refer. toa turteutan feud as because the will directs its - stock so as to constitute | the same the by fund or stock out of which payment ie \u2018oa made, the legacy is said to be demonstratn, Explanation \u2014The distinction betivueg 2 Ee: legacy and a demonstrative legacy Consists int that\u2014 ti where specified property js given legatee, the legacy is Specific ; where the legacy is directed to be Paid o specified property, it js deing tive. to th, Ut Stra, Ulustrations. i) A_ bequeaths to B 1,000 rupces, being part mi fea W. He also bequeaths to C 1,000 paid out of the debt due to him from W. \u2018The is specific, the legnoy to C is demonstrative, (\u00a5) A bequeaths to B\u2014 \u201c*ten bushels of the corn which Shall grow in my \u00a2 of Green Acre \u2019\u2019: my Ea \u201c*80 chests of tho indigo which shall bo Made at 5 factory of Rampur \u2019\u2019: yi ** 10,000 rupees out of my five per cent. TOM Ssury ot the Government of Indin \u201d: . as ofa debt ds TUpets tol, legacy taR an annuity of 500 rupees \u2018** from my funded Froper. ty 3 ! * \u00a9 7,000 rupees outof thesum of 2,000 rupces doe tors by C'?: an annuity, and directs it to be paid \u2018*\u2018 out of the tat", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c125"}}
{"text": "\u00a9 7,000 rupees outof thesum of 2,000 rupces doe tors by C'?: an annuity, and directs it to be paid \u2018*\u2018 out of the tat arising from my taluk of Ramnagar \"\" (ii) A bequeaths to B\u2014 ; ** 10,000 rupees out of my estate at Ramnngar,\" \u00ab charges it on his cstate at Ramnagar : ** 10,000 rupees, being my share of tho capital emtat- ed in a certain business.\u2019? Each of these bequests is demonstrative. 151. Where a portion of a fund is specificalls bequeathed and a legacy Order of payment jg directed to be juil when legacy directed to. bo paid out of fund the OUt of the same fund subject of specific legacy, the portion specificall bequeathed \u2014 shall firs be paid to the legatee, and the demonstrat legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficiet} out of the general assets of the testator. Tllustration. A hequeaths to B 1,000 ru ees, bein, t of a debt dks! him from WW. Ho also bequeaths toC. 1,000 rupees! paid out of tho debt duo to him from W. The debt \u2018a A from W is only 1,500 rupees ; of these 1,500 rupees Ci Tupeas belong to B, and 600 rupees are to be paid ae iy to receive Tupees out of the general asse testator. \u00b0 s CHAPTER XVI, OF ApDEMPrion OF LEGACIES. spoilt 152. If anything which has been specifi bequeathed does rt", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c126"}}
{"text": "out of the general asse testator. \u00b0 s CHAPTER XVI, OF ApDEMPrion OF LEGACIES. spoilt 152. If anything which has been specifi bequeathed does rt belong to the testalt! the time of his death, or has been converted - property of a different kind, the legacy is ad ; that is, it cannot tale effect, by earl! the subject-matter having been withdrawa the operation of the will. Ademption explained, THE GAZETTE OF INDIA, OcTOBER 10, 1925, \u2018 97 } eee \u2014\u2014\u2014. a Mlustrations. to B\u2014 } A pequeaths \u201d i) A ted to me by C\u201d\u2122: ay . \u201ctho diamond oe presen Mi a my gold chain : Sw wy certain bale of wool\u201d: \u00b0 certain picee of cloth \u2019\u2019: \"a hold goods which shall be in or about m wall BY Tg house fn A Street in Calcutta, at the ime of my doath.\u201d in his life time,\u2014 sells oF gives away converts the chain into o cup: converts the wool into cloth : pakes the cloth into a garment: tho ring: takes another houso into which he .romoves all his _ B Fach of these logacics is adeomed. (i) A bequeaths to B\u2014 \u201ctho sum of 1,000 rupees in a certain cheat\u201d: \u201call the horses in my stable.\u201d At the death of A, no moncy is found in the chest, and no hones in the stable. The legacies aro adeemed. (ii) A bequeaths to B certain bales of goods, <A takes the with him ona voyage. \u2018The ship", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c127"}}
{"text": "in the stable. The legacies aro adeemed. (ii) A bequeaths to B certain bales of goods, <A takes the with him ona voyage. \u2018The ship and goods are lost at go,and Aisdrowned, The legacy is adeomed, 153. A demonstrative legacy is not adeemed by reason that the pro- perty on which it is charged by the will does not exist at the time of the death of the testator\u2019 or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator. Non-ademption of demonstrative legacy. 154, Where the thing specifically hequeathed is the right to receive something of value from think eomething from =a third party, and the : = . testator himsclf receives It, the bequest is adeemed. , Ademption of spcci- fic bequest of right to Illustrations. (i) A bequeaths to B\u2014 \u201cthe debt which C owes mo \" u\u201c Daeaas Tupees which I havo in the hands of D\": the money due to me on the bond of EB\": nly Mortgage on the Rampur factory.\u201d All these debts oe 5 apni . tn : are extinguished in A\u2019s lifetime, some with Ttome without his consent, All the legacies aro adecmed, (ii) A be - Stee : surance Lu\u00b0aths to B his interest in certain policies of life Policies \"y\u201ct in his lifetime receives the amount of the % The legacy is adeomed, 155. The Teceipt by the testator of a ae Ademption an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c128"}}
{"text": "\"y\u201ct in his lifetime receives the amount of the % The legacy is adeomed, 155. The Teceipt by the testator of a ae Ademption an entire thing specifically ta . petors recei of bequeathed shall operate ; as an ademption of the Ibe cifcall ntire thi gz y be queathed, legacy to the extent of th * sum so Teceived, F Illustration, Abe SDronte wucaths to B\" tho debt duc to n.e by C.\u201d The debt lator ee 10,000 Tupees. c _ to A50,00M rupees the one- _ Iezurds debt. The legacy is revoked by ademption, so far the 5,000 Fupees received by Ae 156. If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of o portion of the fund or stock shall operate os an ademption only to the ; extent of the amount so Teceived ; aud the residue of the fund or stock shall be applicable to the discharge of the specific legacy. * Ademption pru tanto by testator's reveipt of portion of entire fund of which portion lng been specifically bo. queathed, Ilustration, A bequeaths to B ono-half of the sum of 10,000 rupees due to him from W. A in his lifetime reccives 6,000 rupees, . part of tho 10,000 rupees, Tho 4,000 rupees which aro due from W to A at the timo of his death belong to B under the specific bequest. 157. Where a portion of a fund is specifically bequeathed to one legatee,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c129"}}
{"text": "the timo of his death belong to B under the specific bequest. 157. Where a portion of a fund is specifically bequeathed to one legatee, Order of payment 80d @ legacy charged on oer portion of fund the same fund is _ be- Specifically bequeathed to one legatee, and queathed to another legatee, then, if the tes- tator receives a portion of that fund, and the re- mainder of the fund is\u2019 insufficient to pay both the specific and the de- nonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demons- _ trative I\u00a2gacy shall be paid out of the general assets of the testator. legacy charged on samo fund to another, and, testator having reccived portion of that fund, remainder insufficient to pay both legacies, Illustration. A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to 0 1,000 rupees to be paid out of the debt duc tohim from W. A afterwards receives 5,000 rupees, part of that debt, and dics leaving only 1,500 rupecs duo to him from W. Of these 1,500 rupoes, 1,000 rupees belong to B, \u00abnd 500 rupees aro to be paid to C, C is also to receive 500 rupees out of the general asscts of the testator. 158. Where stock which has been", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c130"}}
{"text": "be paid to C, C is also to receive 500 rupees out of the general asscts of the testator. 158. Where stock which has been spccifically Ademption where bequeathed does not exist at stock, specifically the testator\u2019s death, the bequeathed, does not 1 A d exist at\u2019 testator's Icgacy is adeemed. death. , Illustration, A bequeaths to B\u2014 \u201c my capital stock of 1,000/. in East India Stock *: \u201cmy promissory notes of the Government of India for 10,000 rupees in their 4 per cent. Joan.\u201d Asellathe stock and the notes, The Iegacics are adeemed. 159. Where stock which has been specifically Ademption pro tanto bequeathed exists only in where stock, specifi: part at the testator\u2019s death, oally bequeathed, exists the Jeracy is adecmed so far in part only at testa. ds that t of th tor's death, as regards that part of the stock which has ceased to exist. Illustration. A bequeath; to B his 10,000 rupees in the hy per cent. toan of the Government of India. A cells one-half of his 10,000 rupees in the loanin question. Unt-half of the legacy is adeem 98 THE GAZETTE OF INDIA, OCTOBER 10, 1925. C Parr ty . ds under a des- ecific bequest of goo . 160, A sp q cription connecting them Non-ademption of speci- with a certain place vr fic bequest of goods des- adeemed by reason ecribed og connected ier they have been removed Seftain rasan By teesean from such place from any 7 L _\u2014", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c131"}}
{"text": "goods des- adeemed by reason ecribed og connected ier they have been removed Seftain rasan By teesean from such place from any 7 L _\u2014 temporary cause, OF by fraud, or without the knowledge or sanction of the testator. . filustrations. i : shich shall i aths to Ball my household goods whiel walk peat my dwelling house in Caleutta at tho time of my death.\u201d he goods are removed from the house to save he frum fire. A dies before they are brought back. i) A Lequeaths to B \u201call my household goods which shcibbe in a about my dwelling house in Calcutta at the time of my death.\u201d During A\u2019s absence upon a journey, the whole of the goods are removed from tho house. A dies without having sanctioned their removal. Neither of these legacies is adeemed. 161. The removal of the thing bequeathed from the place in whieh it is stated in the will tn be situated does net consti- tute an ademption, where the place is only referred to in order to complete the description of what the testator meant to be- queath. When removal of thing bequeathed doca not con- stitute ademption. Illustrations, . (i) A bequeaths to Ball the bills, bonds and other geenri- ti:sformoney belonging te me now lying in my lodging in Citcutta.\u201d At tho timo of his death, these cllvets hade been removed from his lodgings in Calcutta. (it) A bequeaths to B all his furniture then in his house in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c132"}}
{"text": "his death, these cllvets hade been removed from his lodgings in Calcutta. (it) A bequeaths to B all his furniture then in his house in Calcutta, \u2018The testator has a house at Calcutta and anothor at Chinsurah, in which he lives alternately, being ;owesed of one set of furniture only which he removes with himself te each house, At the time of his death the furniture i: in the house at Chinsurah. (#1) A bequeaths to B all his goods on board n certain ship then lying in the river Hughli, Tho goods are rumaved by A\u2019s directions to a warehouse, in which they remain at the time of A\u2019s death. No one of these legacics ig revoked by ademption, 162. Where the thing bequeathed if not the right to receive somo- thing of value from a third Person, but the money or other commodity which may be received from the person by the testa- a _ tor pm ci or by his re. \u00a2 receipt of such sum of mon or other commodity by the testator shall not con. stitute an ademption ; but if he mixes it up with the general i \u2018 dee ; a mass of his Property, the legacy ig When thing bequeath. is o valuable to be received by testator from third person ; and testator himself, or his represent. ative, receives it, . HY? 8 ration. A bequeaths to B whatever sum may be r clainon. A Feceives the whole of his elain", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c133"}}
{"text": "represent. ative, receives it, . HY? 8 ration. A bequeaths to B whatever sum may be r clainon. A Feceives the whole of his elain apart from the pen ral not adecmed, EStuRe Tas GE iia property 163, eceived from his on, and sats it \u2018lhe legacy rT Where a thing Specifically bequeathed un- dergoes a chan fe between the date of the will and e testator\u2019s death, and @ change takes place by Course of execution of ae of law, or in the \u00b0 Provisions of any legal Chany by operation of law of rubject of aaah pecs bequest between dite of Wi and testuter'y death, th - instrument under which the thing bequeathe held, the legacy is not adeemed by reason 5 change. d Way { Such Iilustrations, i) A bequeaths to B \u201call the money which J have ; at at loan of the Government of India,\u201d The sett? ia or the 54 per cent, lonn are converted during A\u2019 lifer into & per cent, stock. itus it) A bequeaths to B tho sum of 2,000/, invested ; me neato trustees for A. The sum of 2,001 ig Cony ferred by the trustees into A\u2019s own name, Tang, ii) A bequeaths to Bthe sum of 10,000 rupees jn . one of this Government of India which he has power 7 his marriage settlement to dispose of by will, Aftorwanls ler A's lifetime, the fund is converted into Consols by vane an authority contained in tho settloment, of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c134"}}
{"text": "settlement to dispose of by will, Aftorwanls ler A's lifetime, the fund is converted into Consols by vane an authority contained in tho settloment, of No ono of these legacies has been adcemed, 164, Where a thing specifically bequeathed Chango of subject Undergoes 2 change without testator\u2019s between the date of the knowledge. wil and the testator\u2019s death, and the change takes place Without the knowledge or sanction of the testator, the legacy is not adeemed. \u00b0 Illustration, A bequeaths to B\u201c\u2018 all my 3 per cent. Consols.\u201d The Con. sols are, without A\u2019s knowledge, sold by his agent, and the proceeds converted into Enst India Stock, This legacy iy not adcemed. 165. Where stock which has been Specifically Stock specifically be- bequeathed Is lent to a quenthed lent to third third party on condition party on condition that that it shall be replaced, it bo replaced, and it is replaced accord- ingly, the legacy is not adeemed, 166. Where stock specifically bequeathed is Stock specifically bo. S0ld, and an equal quantity queathed sold but Te- of \u20ac same stock is after- Placed, and belonging wards purchased and belongs to testator at his death, to the testator at his death the legacy is not adeemed. | CHAPTER XvqI. UF THE Paysenp OF Lianmiries mn RESPECT OF THE SuBsecr or 4 BEQUEST. 167. (1) Where Property specifically bequeathed Non-liability of exo. 8 subject at the death of site, fxonerate ape- the testator to any pledge, ; : lien or incumbrance created", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c135"}}
{"text": "specifically bequeathed Non-liability of exo. 8 subject at the death of site, fxonerate ape- the testator to any pledge, ; : lien or incumbrance created y the testator himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the legatee, if he accepts the accept it subject to such pledge of tncumbrance, and shall (as between hina a estate) be liable to make good the bh pledge or incumbrance. kee A Contrary intention shall not be inferred m any direction which the will may contain for the payment of the testator\u2019s debts generally. - Explanation.\u2014A Periodical payment in the natur THE GAZETTE OF INDIA, OCTOBER 10, 1995. pant v1 ee = * _\u2014 Hhtstrations, (\u2018vy A Lequenths to B his shares in a joi : int stock company. B liamond. ring given him by C. accopts the boquest. Afterwards tho affairs yoaths to B tho \u00a2 5 & \u00a5 oro wound up, and cach sharcholdor i Se eonbany ! tac is held in pawn by D, to whom it has NO death the the It is tho duty of A\u2019s oxocutors, if the ee A pede ctator's assets will allow them, to allow B to of the Ves the ning indari: whi ! i mice yeaths to Ba zamindari which at A\u2019s death is is beq mortgage for 10,000 rupees ; and tho whole of abject 1\u00b0 1 sum, togethor with interest to tho amount of the princi ja duo at A's", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c136"}}
{"text": "for 10,000 rupees ; and tho whole of abject 1\u00b0 1 sum, togethor with interest to tho amount of the princi ja duo at A's death. B, if ho accopts\u00bb the be- \\ ta it subject to his chargo, and is liablo, \u201cas qust aceop if and A\u2019s estate, to pay tho sum of 11,000 tet onl himse gts ts ing is to be done to complet re anything is to be one to complete 168. ayn P the testator\u2019s title to the Completion of testa- thing bequcathed, it is to be : things \", title to feueatbed to bo at axtof his estate. done at the cost of the test- ator\u2019s estate. Illustrations, A, having contracted in gonoral torms for tho purchase (i \u2018soe of Iand ab acertain price, bequeaths to B, and ae ho has paid the purchase-monoy. \u2018Cho purchaso- sen must bo made good out of A\u2019s asscts, , (ii) A, having contracted for tho purchise of a piece of Iand a cortain sum of money, one-half of which is to bo paid Ga and the othor half secured by mortgage of tho land, lequeaths it to B, and dies before he has paid or socured iny part of the purchnse-monoy. Ono-half of the purchaso- money must bo paid out of A\u2019s assots. 169, Where there is a bequest of any interest in immoveable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c137"}}
{"text": "in immoveable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the tate of the testator shall (as between such estate and the legatee) make good such payments or a puportion of them, as the case may be, up to the day of his death. Exonoration of loga- t's immoveable pro- pedy for which land- rreaua or rent payable petiodically. Illustration. ' A lequesths to Ba house, in Tespect of which 365 rupees \"payable annually by way of ront. A pays his rent at tho sail timo, and dies 25 days after. A\u2019s eatato wll make -9 Tupees in respect of the rent, 170. In the absence of any direction in the Exonerition of speci. Will, where there is a speci- Paria. stock in fic bequest of stock in a joint \u2018ridin. mbspy. stock company, if any call cf payment is due from the testator at the a Of paymen: shall, as between the testator\u2019s ia and the legatee, be borne by the estate ; \u00a9 ny call or other payment becomes due in thet of such stock after the testator\u2019s death, and hel shall, as between the testator\u2019s , estate fgatee, be borne by the legatee, if he \u201cpts the bequest, \u2019 . Illustrations, ty A ide een Sto TS his shares in a certain rilwny. Al Mt of egy, WX dus from him the sum of 100 rupecs in been duty cicht share, heing the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c138"}}
{"text": "shares in a certain rilwny. Al Mt of egy, WX dus from him the sum of 100 rupecs in been duty cicht share, heing the amount. of a call which had det ary hae and the sum of five rupees in respect of L i tSpect ng the amount of interest which had accrued * Xn estite, Ff the call, \u2018These payments must be borne hij A tek cng iareed totake 50 shares in an iatenle.! joint Feet a 10! has contmeted to pay up 100 rupecs in \u2018Othe strane thes Which sum muat be pid before his Tee Be Catat scant completed. A bequeat!:s the-c shares Phe. Of A must make zood the pa, ments which hay \u20180 conplete A's title, he the edi to B Shans \u201c Ms . his shares in a certamn railway. B After A'g death, a callis made n respect muat pay the call. \u00a9 of his death in respect of the stock, such 8 called upon for contri- bution. \u2018Tho amount of the contribution must bo Lorne by tho logateo, (vy) A is the owner of ten shares ina railway comp: * meeting hold during his lifetime a call i sai BE nity rupees per sharo, payable by threo instalmonts, A boquenths is shares 1o LG, and dics botweon tho day fixed for the pay- mont, of tho first and tho day fixed for tho payment of the second instalment, and without having paid tho first instal- mont, A\u2019s estate must pay tho", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c139"}}
{"text": "first and tho day fixed for tho payment of the second instalment, and without having paid tho first instal- mont, A\u2019s estate must pay tho finst instalment, and L, if 1.0 accopts the logacy, must pay tho romaining instalmonts. CHAPTER XVIII. Or Bequests or Tras DESCRIBED IN GENERAL TERMS, 171. If there is a bequest of something des- Bequest of thing des. \u00a9@bed in general terms, the cribed in general terms. executor must purchase for the legatee what may ( reasonably be considered to answer the descrip- tion. Iiluatrationa, (1) A bequeaths to B a pair of carriago-horses or a dinmund ring. Tho oxecutor must provide the legatee with such articles if tho stato of the assets will allow it. (it) A bequeaths to B \u201c my pair of carringe-horses \u201d, A had ig ae at the timo of his death, \u2018The legacy ails, \u2018 CHAPTER XIX. Or BEQUESTS OF THE INTEREST OR PRODUCE OF A Funp. 172. Where the interest or produce of a fund is bequeathed to any per- son, and the will affords no indication pf an intention that the enjoyment of the bequest should be of limited duration, the principal as well as the interest shall belong to the legatec. Ttlusirations. (*) A bequeaths to B tho intorost of his 5 per cent. pro- missory notes of tho Government of India. There is no other elauso in tho will affecting those securitics. Bia entitled to A's 5 per cent. promissory notes of the Govern. ment of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c140"}}
{"text": "There is no other elauso in tho will affecting those securitics. Bia entitled to A's 5 per cent. promissory notes of the Govern. ment of India. (i) A bequenths tho intorest of his 54 per cent. promissory ee of tbe Government of India to Ef for his life, and after his death to C. B is entitled to the interest of the notes during his life, and Cis entitled to the notes upon B's death. (i) A bequeaths to B the rent: of his lands at X. Bis entitled to the lands. Bequest of interest or produce of fund. CHAPTER XX. Or Brourrts or ANNUITIiS. 173. Where en omnuity is created by will, the Jegatee is entitled to Aonnity ereated by will receive it for his life only, payable for life onty unless unless a contrary intention com niry intention appears vppears by the will, not- by will sithstacding Chat the annuity is directed to be paid out of the property en erally, or that a sum of mone\u2019 1 bequeathe fo be invested in the purchase of it, THE GAZETTE OF INDIA, OCTOBER 10, 1925. 100 [ Pann py \u2014-- ~~ = ma Mustrations. 500 rupees a year. B is entitled anoual sum of 500 rupees. 500 rupees monthly. B tho sum of 500 rupees A bequeaths to B Pe his life to receive the aths to B the sum of (ii) bens his life to receive is entitled during overy month. : x ife, and (iii) A bequeaths", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c141"}}
{"text": "the aths to B the sum of (ii) bens his life to receive is entitled during overy month. : x ife, and (iii) A bequeaths an annuity of 500 rupces to B for life, an is entitled to an annuity of 500 rupces on Bis date G Fae ai i is entitled to an annuity at 500 rupees from B's death until his own death. 174. Where the will directs that an annuity shall be provided for any seal - vesting Person out of the proceeds of whiere will directs that\u2019 property, or out of property annuity be provided generally, or where money es ch ares Farepty is bequeathed to be invested venerally, or whero in the purchase of any money equeathed to annuity for any person, on eae. ee\u2019 the testator\u2019s death the legacy vests in interest in the legates, and he is entitled at his option to have an annuity purchased for him or to receive the money appropriated for that purpose by the will. Iilustrations, (i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupeos for B, B is colitled at his option to have an annuity of 1,000 rupees for his life purchased for him, or to receive such o sum as will be sullicient for the purchase of such an annuity, (ii) A bequeaths a fund to B for his life, and directs that after B's death, it shill be laid out in tho purchase", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c142"}}
{"text": "annuity, (ii) A bequeaths a fund to B for his life, and directs that after B's death, it shill be laid out in tho purchase of an annuity for C. B and C survive the testator. C dics in B\u2019s lifetime, On B\u2019s death the fund belongs to the representative afC, * 175. Where an annuity is bequeathed, \"but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will. 176. Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satis- Abatement of annuity. Wheto gift of anduity and = residuary gift, whole annuity to bo first satisfiod. residue is paid to the residu- ; ary legatee, and, if necessary, the capital of the testator\u2019s estate shall be applied for that purpose. CHAPTER XXI, Or Lecacies to CREDITORS AND PorTIONERs, 177. Where a debtor bequeaths a legacy to is creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy as well as to the amount of the debt. Creditor prima facie enthled to leriey ag Well ay debt, 178. Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards be- . queaths a legacy to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c143"}}
{"text": "is under obligation by contract to provide a portion for a child, fails to do so, and afterwards be- . queaths a legacy to the chi and does not intimate by his will that the Teasey . oO Ch prinia furic en. titled to lesiey as well a. portion. fied before any part of the: fllustration. by articles entered into in contemplation of hisy,,,.- witht B sovenanted that he would pay to cach of the daughige of the intended marriage a portion of 20,000 rupecs ee en marriage. \u2018This covenant having been broken, 4 Vequeart\u201d 20,000 rupees to cach of the marricd daughters of himself < B. Tho logatecs are entitled to the benctit of thig Lequest in addition to their portions. 179. No bequest shall be wholly or partial adeemed by a subsequent provision made by settle. ment or otherwise {oy the legatee. INustrationa. } 2 ces tohisson B. He ane Phe aarti prieier rupees. Tho wees eae thereby adcomed. (11) A bequeaths 10,000 rupccs to B, his orphan niceo whom No ademption by subse- quent provision fur legatce. \u2018hoe had brought up from her infancy. Afterwards, on the occasion of B's marriage, A settles upon her the sum of 30,000 rupecs. Tho legacy is not thereby diminished, CHAPTER XXiQI. Or Erection, 180. Wheres person, by his will, professes to dis. pose of something which Circumstances in which he has no right to dispose election takes place. of, the person to whom the thing belongs shall elect either to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c144"}}
{"text": "which Circumstances in which he has no right to dispose election takes place. of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it, and in the latter case, he shall give up any benefits which may have been provided for him by the will. 181. An interest relinquished in the circum.\u2019 stances stated in aces io : 180 shall devolve as ifi rere by amare had not been disposed of by the will in favour of the legatee, subject, nevertheless, to the charge of making good to the disappointed legatee the amount or-value of the gift attempted to be given to him hy the will. 182. The provisions of sections 180 and 18) apply whether the testator does or does not believe that which he professes to dispose of by his will to be his own. Testator's belicf as to his ownership immaterial. Illustrations. : ty of C. a (i) The farm of Sultanpur was the proper C bequeathed it to B, giving a legacy of 1,000 rupees to has elected to retain his farm of Sultanpur, which is vies h 800 rupees. C forfeits his legacy of 1,000 rupecs, of wh eile rupees goes to B, and tho remaining 200 rupees falls ine tesiduary bequest, or devolves according to the mu intestate succession, as the caso may be. : ft (ii) 4 bequeaths an estate to B in casy B's elder broth! (Who is married and has children) shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c145"}}
{"text": "the caso may be. : ft (ii) 4 bequeaths an estate to B in casy B's elder broth! (Who is married and has children) shall lease no issuo vite it his death. A also bequeaths to Ca jewel, which eee B. B must elect to give up tho jewel or to lose the esta (iii) A bequeaths to B 1,000 rupees, and to Can estate W will, under o settlement, belong to B if his elder brother i. is married and has children) shall leave no issue livin: 4 iit eat B must elect to give up the-estate or to lo-0 legacy, (iv) A, aperson of the ago ot 18, domiciled in Briti-h ae ut owning real property in England, to which C is * ond law, bequeaths o legacy to C and, subject therct9, eae beaueaths to B\u00ab all my property whatsoever and \" arid ev-r,\" \u00abnd diea under 2), The real property 1 aan does not [ass by tho will @ may claim his legacy \u00a5 out giving up tho roal Property in England. THE GAZETTE OF INDIA, OCTOBER 10, 1995 past W ee > \u2014 for a person\u2019s benefit is, for the 183: 4 beq purpose of election, the 1an\u2019s benefit Feta for purpose \u00a9 Cay til same thing as a bequest made to himself, Iilustration. ur Khurd being the property of B, A ser of pa bequeathed another farm called Sul- sthed it his own executors with a direction that it and the proceeds applied in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c146"}}
{"text": "B, A ser of pa bequeathed another farm called Sul- sthed it his own executors with a direction that it and the proceeds applied in payment of B's soul Be \u00a30 t elect whether he will abide by the will, or keep us B at jtanpur Khurd in opposition to it. cue 0 ys fat taking no benefit direct] son taking ecuy igi. A PET under a will, but deriving pero deriving bene\u2019 xa benefit under it indirect- . pu . sinc DOE - ly, isnot put to his elec- ee tion. Illustration. itanpur are settled upon C for life, \u2018and ' crane D, his only child. A bequeaths the lands aie ur to B, and 1,000 rupees to C. C dies intestate d Stet the testator, and without having, made any sett 4 D takes out administration to C, and as administrator cia behalf of C\u2019s estate to take under the will. In that nn hereceives the legacy of 1,000 rupees and accounts to a rents of the lands of Sultanpur which accrued after death of the testator and hefore the death of C. In his edividual character he retains the lands of Sultanpur in postion to the will. 185. A person who in his individual capacity takes a benefit under a will may, In another character, elect to take in opposition to the will. Person taking in indivi- daal capacity under will nay in other character dat to take in opposition. Ulustration. The estate of Sultanpur is settled", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c147"}}
{"text": "will. Person taking in indivi- daal capacity under will nay in other character dat to take in opposition. Ulustration. The estate of Sultanpur is settled upon A for life, and iter his death, upon B. A leaves the estate of Sultanpur to D, and 2,000 rupees to B, and 1,000 rupees to C, who is B\u2019s \u2018aly child. B dies intestate, shortly after the testator, without \u201csting made an election. C takes out administration to B, and administrator elects to keep the estate of Sultanpur in \u2018pre-ition to the will, and to relinquish the legacy of 2,000 ee ane this, and yet claim his legacy of 1,000 rupees 186. Notwithstanding an vthing contained in sec- tions 10 to 185, where a particular gift is expressed \u2014- 3 in the will to be in lieu of \u2018onething belonging to the legatee which is also \u2018hin uisposed of by the will, then, if the legatee tir ty thing, he must relinquish the parti- tthe 7 \u00bb but he is not bound to relinquish any \"Seneht given to him by the will. Cades \u2018 Ulustration. tives him, taase-settlement his wife is entitled, if she \u201cTz her fit 'e the enjoyment of the estate of Sultanpur dup ry a by his will bequeaths to his wife an annuity \u201cate of Sultannun w= her life, in lien of her interest in the \u201cOgives hig nur, which estate he hequeaths to his son. He e t eh Ca legacy of 1,000 rupees. \u2018The widow elects \u201cAR", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c148"}}
{"text": "in the \u201cOgives hig nur, which estate he hequeaths to his son. He e t eh Ca legacy of 1,000 rupees. \u2018The widow elects \u201cAR to poe es CHtitled to under the settlement. She is \u201cpee, \u201cduish the annuity but not the legacy of 1,000 Eception to provisions i lat six scetions, 187, i Acceptance of a benefit given bya will Bi ee etance of he. Constitutes an election by S'S thetionto i! consti- the legatee to take under wi, \u00b0 take under the will, if he had know- \u201cUd Of thoee a: ledge of his right to elect the Haden, {cumstances which would influence Set a @ reasonable man in making an stancay. \u20ac waives inquiry into the \u00a2 L uh ieay Istration ;. a tte j tee Of un estate called Sultanpur Khard, and Upo hig N another estate called Sultanpur Buzurg EA pies tath his son B will be absolutely entitled. e Salt the estate of Sultanpur Khurd to B, and tanpur Buzurg to C.:B, in ignorance of his death, 101 \u2014\u2014\u2014 own right to the catate o Possession of it, and en SultanpurKhurd. 3h pur Buzurg to C (ii) B, the eldest son of A, is the possessor of an estate calle Sultanpur. aA bequenths Sultanpur to C, and to B the meade of A's property. B having teen informed by A\u2019s executors that the residue will amount to 5,000 rupecs, allows C to take Possession of Sultanpur, He afterwards discovers that the residue docs not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c149"}}
{"text": "A\u2019s executors that the residue will amount to 5,000 rupecs, allows C to take Possession of Sultanpur, He afterwards discovers that the residue docs not amount to more than 500 rupees, B has not confirmed the bequest of the estate of Sultanpur to C. 188. (2) Such knowledge or waiver of inquiry Circumstances f Sultanpur Buzurg, allows C to take ters into possession of tho estate of as not confirmed the bequest of Sultan- in i which knowledge oe shall, in the absence of waiver is presumed or @Vidence to the contrary, be inferred, presumed if the legatee has enjoyed for two years the benefits provided for him by the will without doing any act to express dissent. (2) Such knowledge or waiver of inquiry may he inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. Illustration. A bequeaths to B an estate to which C is entitled, and to Cacoal-mine. C takes possession of the\u2019 mine and exhausts it. He has thereby confirmed the bequest of the estate to B. 189. If the legatee does not, within one year When testator\u2019s re- after the death of the testa- presentatives may call tor, signify to the testator\u2019s upon legates to elect. representatives his intention to confirm or to dissent from the will, the re- presentatives shall, upon the expiration of that period, require him to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c150"}}
{"text": "elect. representatives his intention to confirm or to dissent from the will, the re- presentatives shall, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the will. 190. In case of disability the election shall of be postponed until the dis- Post ponement tt meg election in case of dis- ability ceases, or until the ability. election is made by some competent authority. +8 \u2014\u2014\u2014 CHAPTER XNIII. Or Girts 1x CONTEMPLATION OF DEato. 191. (/):A man may dispose, by gift made in contemplation of death, able by git ae of any moveable property contemplation of which he could dispose of by will. (2) A gift is suid to be made in contemplation of death where u man, who is ill and expects to die shortly of his illness, delivers to another the possession of any moveable property to keep as a gift i case the donor shall die of that illness. _ (3) Such a gift may be resumed by the giver ; and shall not take effect if he recovers from the illne sduring which it was made; nor if he survives the person to whom it was made. Jitu trations. A, being ill, and in expectation of death, delivers to oe be etuined by him in case of A\u2019s death,\u2014 a watch: a bond granted by C to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c151"}}
{"text": "and in expectation of death, delivers to oe be etuined by him in case of A\u2019s death,\u2014 a watch: a bond granted by C to A: k-note : : a bores note of the Government of India endor- cil in blank : . a bill of exchange endorsed in blank ; certain mortgage-deeds, IVE 102 THE GAZETTE OF INDIA, OC TOBER 10, 1925. (Pare _ \u2014\u2014\u2014 = ae Se Adics of tho illnces during which he delivered these articles, B is entitled to~ the watch: the debt secured by C\u2019s bond: the bank-note : the promissory noto of the Go the bill of exchange : noy secured by the mortgage-deeds. aif, A ine ill, and in expectation of death, oT. oe the key of a trunk or tho key of a warehouse in which \u00a2 c i deposited, with the intention of cL bale belonging Ot ae the | contents of the trunk, or iving hi trol ove giving hie posited maode and desires him to keep them in case of A\u2019s death. A dies of the illncss during which he i these articles, B is entitled to the trunk and its See \u20183 A's goods of bulk in the warehouse, ; (iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcels and marks upon the parcels respectively tho names of B and C. Tho parcels aro not delivered during the life of A. A diea of the illncss during which ho set aside", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c152"}}
{"text": "names of B and C. Tho parcels aro not delivered during the life of A. A diea of the illncss during which ho set aside the parcels, B and C are not entitled to the contents of the parcels. yernment of India : PART VII. PROTECTION OF PROPERTY OF DECEASED. 192. (1) If any person dies leaving property, moveable or immoveable, Person claiming right any person claiming a by succession to Pro- right by succession thereto, apply rarest SER or to any portion thereof, wrongful possession. may make application to the District Judge of the district\u2019 where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended. (2) Any agent, relative or near friend, or the Court of Wards in cases within their cognizance, may, in the event of any minor, or any disqualified or absent person being entitled by succession to such property as aforesaid, make the like applica- tion for relief. 193, The District Judge to whom such ap- Saniess denser ie plication is made shall, ude: ~ in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the appli- . cant, or the person on whose behalf he applies,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c153"}}
{"text": "or taking forcible means for seizing possession has no lawful title, and that the appli- . cant, or the person on whose behalf he applies, is really entitled and is likely to be materially pre- judiced if left to the ordinary remedy of ao suit, and that the application is made bond fide. 194, Ifthe District J udge is satisfied that there 1s sufficient ground for believing as aforesaid but not otherwise, he shall suminon the party com- plained of, and Kive notice of vacant or disturbed Possession by publication, and, after the expira- tion of o reasonable .time, shall determine sum- marily the a to possession (subject to a suit * eremmalter provided) and sh iv posse>ston accordinuly : - Provided that the Judge shall have to appoint an officer who shall take of effects, and seal or otherwise Provedu:e. the power an inventory secure the same, on being applied to for the PUrpose, yy; day, whether he shall have concluded the intent necessary for summoning the party complaing} : or not. ; of 195. If it further appears upon such inquiry Appointment of curator aforesaid that daze, ; pending determination of to be apprehen ded - proceeding. misappropriation OF Was . of the property before the summary PTOCeeA can be determined, and that the delay j obtaining security from the party in Possess or the insufficiency thereof is likely to expose the party out of possession to considerable\u00bb: provided he is the lawful owner, the Distr Judge may", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c154"}}
{"text": "or the insufficiency thereof is likely to expose the party out of possession to considerable\u00bb: provided he is the lawful owner, the Distr Judge may appoint one or more curators whose authority shall continue according to the terms af his or their respective appointments, and in no eas, beyond the determination of the summary pro cad ing and the confirmation or delivery of Possession in consequence thereof : Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer sy}. ordinate to the Collector, the powers of a curator: Provided, further, that every appointment of , curator in respect of any property shall be duly published. . 196. The District Judge may authorise th curator to take posse- Powers conferable on sion of the property cither Bea generally, or until security is given by the party in possession, or until in- ventories of the property have been made, or for any other purpose necessary for securing the property from misappropriation or waste by the party in possession : Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in such possession on giving secumty or not, and any continuance in possession be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects, 197. (7) Where a certificate has been granted Prohibition of exerciso under ae =_ fe te of certain powers by cura. the Succession", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c155"}}
{"text": "other effects, 197. (7) Where a certificate has been granted Prohibition of exerciso under ae =_ fe te of certain powers by cura. the Succession con of tors. Payment of debts, Act, 1889, or a grant oil ete., to curator. probate or letters 0 administration has been made, a curator 4F pointed under this Part shall not exercise na authority lawfully belonging to the holder the certificate or to the executor or administrat\u2122 (2) All persons who have paid debts oF mn to a curator authorised by a Court to receive \u201c4 shall be indemnified, and the curator sh responsible for the payment thereof to the P - who has obtained the certificate, probate of letter of administration, as the case may be. 198. (2) The District Judge shall tak Curator to gi : the curator 5e\u00a2 = his trust, and for 1 Ing satisfactory accounts of the same as b sg out Provided, and may authorise him to receiv? of the property such remuneration, in 1\u00b0 pat TT] THE GAZETTE OF INDIA, OCTOBER 10, 1995 103 ae ss centum on the moveable pro- e per fits of . the annual profits of the immove- he District Judge thinks reason- dn \u2018aa esceod PS on oll Fe proper 9\u00b0 | jus money realized by the curator ( () All ot into Court, and invested in public gall be vot the benefit of the persons entitled eo adjudication of the summary pro- there Oe corty shall be required from the curator", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c156"}}
{"text": "public gall be vot the benefit of the persons entitled eo adjudication of the summary pro- there Oe corty shall be required from the curator @) x reasonable despatch, and, where it is bs ble, shall be taken generally to answer all peti which the person may be afterwards eases \u2018 ad curator ; but no delay in the taking of spon shall prevent the Judge from immediately te the curator with the powers of his office. in 499. (1) Where the estate of the deceased person consists wholly or in part pepart from Collector of land paying revenue her estate angluses \u2122 to Government, in all raue-paying 100 matters regarding the pro- prety ofsummoning the party in possession, of ap- inting a curator, OF of nominating individuals to thatappointment, the District Judge shall demand areport from the Collector, and the Collector shall thereupon furnish the same : Provided that in cases of urgency the Judge may proceed, in the first instance, without such report, (2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court, and the High Court, fit is dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector, 200. Thecurator shall be subject to all orders of the District Judge re- eae and defence garding the institution or . the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c157"}}
{"text": "of the Collector, 200. Thecurator shall be subject to all orders of the District Judge re- eae and defence garding the institution or . the defence of suits, and all suits may be instituted or defended in the name of the curator on behalf of the estate : ia Provided that an express authority shall be i Musite in the order of the curator\u2019s appointment 7 the collection of debts or rents: but such ex- Press authority shall enable the curator to give a acquittance for any sums of money received \u00a5 virtue thereof. af y re Pending the custody of the property by mney wees to apparent the curator, the District cantor? \u201cding custody by Judge may make such . allowances to parties hav- facieright thereto as upon a summary 1g 8 primd at his din\u2019 tested he considers necessary, and may, Woereo \u2018Tetion, take security for the repayment being : \u2018ith interest, in the event of the party Hoeeedinn upon the adjudication of the summary 20 e Not to be entitled thereto. 2, ; A The curator shall file monthly accounts . LretRts to be: abstract, and shall, on the | Ritatoe *\u00b0 be \u201cfiled expiry of eaok perio i of three months, if his ad- Thistes 7 Hon lasts so, long, and upon giving Up Pattiog \u2018es of the rights and circumstances of the _ the possession of the property, file a detailed Sccount of his administration \u00a2 St ake of the District J udge. oO the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c158"}}
{"text": "of the _ the possession of the property, file a detailed Sccount of his administration \u00a2 St ake of the District J udge. oO the satisfaction 203. (1) The accounts of the curator shall goitspection ot ne. = open to the inspection \u2018 and right of Of all parties interested - Interested party i ae wis ytokeep and it shall be competent a for any such __ interested party to appoint a separate person to keep a duplicate account of all receipt the curator, eipts and payments by (2) If it is found that the accounts of the curator are in arrear, or that they are errone- ous or incomplete, or if the curator does not produce them whenever he is ordered to do so by the District Judge, he shall be punishable With fine not exceeding one thousand rupees for every such default. , 204. If the Judge of any district has Bar to appointment appointed a curator, in of second curator for respect of the whole of the Bame: property: property of a deceased person, such appointment shall preclude the Judge of any other district within the\u2019same province from appointing any other curator, but the appointment of a curator in respect of a portion of the property of the deceased shall not preclude the appointment within the samo province of another curator in respect of the residue or any portion thereof : Provided that no Judge shall appoint a curator or entertain a summary proceeding in respect of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c159"}}
{"text": "respect of the residue or any portion thereof : Provided that no Judge shall appoint a curator or entertain a summary proceeding in respect of property which is the subject of a summary pro- ceeding previously instituted under this Part before another Judge: Provided, further, that if two or more curators are appointed by different Judges for several parts of an estate, the High Court may make such | order as it thinks fit for the appointment of one curator of the whole property. 205. An application under this Part to the j District Judge must be made Tanianees timo for within six months of the application ior * death of the proprietor whose property is claimed by right in succession. 206. Nothing in this Part shall be deemed to Fax Goentarsomentiol authorise the contravention Part against public Of any public act of settle- settlement orlegaldirec- ment or of any legal direc- tions by deceased. tions given by a deceased proprietor of any property for the possession of his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the Judge having jurisdiction over the property of a deceased person is satisfied of the existence of such directions, he shall give effect thereto. 207. Nothing in this Part shall be deemed to authorise any disturbance of Ct Or aera the possession of a Court ie . ninore having property of Wards of any property ; subject to its jurisdice gnd im", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c160"}}
{"text": "Ct Or aera the possession of a Court ie . ninore having property of Wards of any property ; subject to its jurisdice gnd im case & minor, or tion. other disqualified person whose property is subject tothe Court of Wards IVe2 104 nplication is made is ve crieelgcaeesie j oe ithe deter- See creanttn det ssion and to aa bs ato, aoe eaveat the Court of Wards a ee a te pending the ith the curatorship of the estate p g the ceedings without taking security aa aloresaie' ; and if the minor or other disquali eta upon the adjudication of the summary procee aie appears to be entitled to the property, possess shall be delivered to the Court of = + shal Vothi ined in this Parb sha 208, Nothing ae ere impediment to the Saving of right (0 Iyinging of a suit either \u2014_\u2014_ by the party whose appli- cation may have been rejected before or after the summoning of the party in possession, or by the party who may have been evicted from the possession under this Part. 209. The decision of a District Judge in a |, summary proceeding under eet ict aoe of this Part shall have no other seer Tee fect. than that of settling the actual possession; but for this purpose it shall be final, and shall not be subject to any appeal or review. 210. The Local Government may appoint public curators for any dis- trict or number of districts ;", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c161"}}
{"text": "not be subject to any appeal or review. 210. The Local Government may appoint public curators for any dis- trict or number of districts ; Loe ee, and the District Judge hav- ing jurisdiction shall nominate such public curators \u2014\u2014~\u2014 Appointment of public curators, in all cases where the choice of a curatorsis left discreticnary with him under this Part, \u2014 PART VIII. REPRESENTATIVE TITLE TO PROPERTY OF DE- CEASED ON SUCCESSION, 211. (1) The executor or administrator, as the Gisecice a nm, case may be, of a deceased perty of eaccutor ox Petson is his legal representa- administrator as such. tive for all purposes, and all the property of the deceased person vests in him as such, (2) When the deceased was a Hindu, Muham- madan, Buddhist, Sikh or Jaina or an exempted person, nothing herein contained shall vest in an executor or administrator any property of the deceased person which would otherwise have passed by survivorship to some other person. 212. (2) No right to any part of the property Right to intestate\u2019s Of @ person who has died property, intestate can be established in any Court of Justice unless letters of administration have first been grauted by a Court of competent jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu Muha * \u2018 . , tnm d . Sikh, Jaina or Indian Christian. adan, Buddhist, 213. (1) No right as executor or levatee can be ; Bist 4. ere utor", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c162"}}
{"text": "tnm d . Sikh, Jaina or Indian Christian. adan, Buddhist, 213. (1) No right as executor or levatee can be ; Bist 4. ere utor ot established in any Court of yalee Vy c-tabhlr ty. i legate schon \u00abrab | austice unless a Court of 7 Competent jurisdicti British Irdia hus granted ioliste ae wil under Which the right is claitned, or has evanted e eet adininistration With the will or with a copy of an authenticated Copy of the wil] annexed THE GAZETTE OF INDIA, OCTOBER 10, 1925. == = \u2014\u2014 = . holder of such certj i es ee tar co 2) This section shall not apply ip wile made by Muhammadans, _ ee of apply in the case of wills made by any Het Buddhist, Sikh or Jaina where such wills ante hay class specified in section 57, Ol th, 214. (1) No Court shall-- Proof of representi- tive title a condition precedent to recovery through the Courts of debts from debtors of deceased persons. (a) pass a decree against a debtor of ad ceased person for payment of his dee to a person claiming on succession to rf entitled to the effects of the deceased person or to any part thereof, or (b) proceed, upon an application of a Persp elaining to be so entitled, to eXecnte against such a debtor a decree OF order for the payment of his debt, except on the production, hy the Person so \u00a2lain. ing, of\u2014 (7) a probate or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "57", "domain": "inheritance", "chunk_id": "The Indian Successio_c163"}}
{"text": "a decree OF order for the payment of his debt, except on the production, hy the Person so \u00a2lain. ing, of\u2014 (7) a probate or Ietters of administration evidencing the grant to him of admins. tration to the estate of the deceased, of (ti) a certificate granted under section 3] o section 32 of the Administrator General's Act, 1913, and having the debt ment tioned therein, or (217) a succession certificate granted under Part X and having the debt specified ther- in, or (iv) a certificate granted under the Succession Certificate Act, 1889, or iF (x) a certificate granted under Bombay Re gulation No. VIII of 1827 and, if granted after the first day of May, 1889, having the debt specified therein. (2) The word \u201cdebt\u201d in sub-section (J) it cludes any debt \u2018except rent, revenue or profit payable in respect of Iand used for agriculturl purposes. 215. (1) A grant of probate or letters of ad: Effect on\u2019 certificate Ministration in respect \u00a9 of subsequent probate an estate shall be deemed to ne i of adminis. supersede any eat : previously granted wn\u2019 Part X or under the Succession Certificate AC 1889, or Bombay Regulation No. VIII of 18%\" in respect of any debts or securities included \u00a5 the estate, (2) When at the time of the grant of the 6 bate or letters any suit or other proceed instituted by the holder of any such certifi regarding any such debt or security is pending.! Person to whom the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "3", "domain": "inheritance", "chunk_id": "The Indian Successio_c164"}}
{"text": "any suit or other proceed instituted by the holder of any such certifi regarding any such debt or security is pending.! Person to whom the grantis made shall, on 4? pe ing to the Court in which the suit or proce ! as pending. be entitled to take the place \u00a9) ad of the certificate in the suit or proc Si Provided that, when any certificate is SUP nit ed under this Section, all payments made, vad , - ficate in ignorance af Iait? \u201curersession shall be held wood against \u00a2 under the Probate or letters of administrat!\u2122 * . THE GAZETTE OF INDIA, OCTOBER 10, 1925, 105 pyar IV oo ~ any grant of probate or letters of 916. Alter any \u00b0 administration, no other t enter of Tans than the person to whom the gi same same may have been granted eat shall have power to sue or any suit, oT otherwise act as represent- he deceased, throughout the province in tive a game may have been granted, until which pate or letters of administration has or o heen recalled or revoked. a PART IX. yrs, LETTERS OF ADMINISTRALION AND a NISTRATION OF ASSETS OF DECEASED. as otherwise provided. by this Act 217. Save or by any other law for the time being in force, all grants of probate and letters of administration with the il anvexed and the administration of the assets ofthe deceased in cases of intestate succession shall temade or carried out, as the case", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c165"}}
{"text": "with the il anvexed and the administration of the assets ofthe deceased in cases of intestate succession shall temade or carried out, as the case may be, in accordance With the provisions of this Part. Application of Part. CHAPTER I. OrGrant OF PROBATE AND LETTERS OF ADMINIS- TRATION, 218, (1) If the deceased has died intestate and was a Hindu, Muham- To whom administra. Madan, Buddhist, Sikh or tim may be granted, Jaina or an exempted per- Hinde, Stine son, administration of his Buddhist, Sikh, Jaina or State may be granted to any exempted person. person who, according to the tules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased\u2019s estate. 2) When several such persons apply for such idministration, it shall be in the discretion of the Court to grant it to any one or mote of them. (2) When no such person applies, it may be stunted to a creditor of the deceased. 219. If the deceased has died intestate and was not a person belonging not deceased is to any of the classes referred Madan, Buddhist oe to in section 218, those who Jaina or exe , Sikh, ro , fon, mpted per are connected with him, eonsapenit either by marriage\u2019 or by aduine te? ate entitled to obtain letters of \u201d \u201custration of his estate and effects in the *r and according to the rules hereinafter tated, namely + 4", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "218", "domain": "inheritance", "chunk_id": "The Indian Successio_c166"}}
{"text": "entitled to obtain letters of \u201d \u201custration of his estate and effects in the *r and according to the rules hereinafter tated, namely + 4 If the deceased has left a widow, adminis- Coy : shall be granted to the widow, unless the tung cause to exclude her, either on the h of some personal disqualification, OF she has no interest in the estate of the \u00a2 \u201cChased Illustrations, i . ba ) The Widow is a lunatic or has committed adultery or i hus wed by her marriage settlement of all interest in inistrati ate. \u2018There is cause for excluding her from i . \u2018 ber ha ke Widow has married again since the deceesse, of ind. This is not good cause for ier exclusion, _(0) If the Judge thinks proper, he may asso- ciate any p\u2019rson or persons with the widow in the administravion who would be entitled solely to the administration if there were no widow. (c) If there is no widow, or if the Court sees cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled\u2019to the estate according to the rules for the distribution of an intestate\u2019s estate : Provided that, when the mother of the de- | ceased is one of the class of persons so entitled, she shall be Solely entitled to administration. (d) Those who stand in equal degree of kindred to the deceased are equally entitled to administra- tion. (e) The", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c167"}}
{"text": "be Solely entitled to administration. (d) Those who stand in equal degree of kindred to the deceased are equally entitled to administra- tion. (e) The husband surviving his wife has the same right of administration of her estate as the widow has in respect of the estate of her husband. (f) When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, they may be granted to a creditor. - (g) Where the deceased has left property in - British India, letters of administration shall be granted according to the foregoing rules; notwith- standing that he had his domicile in a country in which the law relating to testat\u00e9 and intestate succession differs from the law of British India. 920. Letters of administration entitle the ad- ministrator to all rights belonging to the intestate as effectually as if the admin- istration had been granted at the moment after his death. eo 221. Letters of administration do not render valid any intermediate acts Acts not validated by of tho administrator tending aseunesrte: to the diminution or damage of the intestate\u2019s estate. 222. '(1)jProbate shall be granted only to an = = e Probate only to ap- aed appointed by th pointed executor. Effect of letters of administration. (2) The appointment may be expressed or by necessary implication. Illustrations, (i) A wills that C be his executor if B will not. B is ap- pointed executor by implication. i", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c168"}}
{"text": "or by necessary implication. Illustrations, (i) A wills that C be his executor if B will not. B is ap- pointed executor by implication. i \u201cgael ther i yes a legacy to B and ceveral legacies to 0 oe Eas ie et to his daughter-in-law C, and adds but ghould the within-named C be not living I do constitute and appoint B my whole and sole executrix.\u201d\u201d U is appointed executrix by implication. i ints several persons executors of his ill and , Gant iis nephew residuary legatce. and in anothet vodicil are these words,\u2014\" Tappuint gy nephew my re siduaty te cee to discharge all lawful demands against my will and weeds signed of different dates.\" The nephew is appointed an executor by implication. 223. Probate cannot be granted to any person ; who is @ minor or is of un- a it n dru- . . Ecco a speak ig, sound mind, nor, unless Sart : \u2019 bats the decea-ed vas a Hindu, 106 HE GAZETTE OF INDIA, OCTOBER 10, 1926. T . [ Parr yy oe i i n ex- ist, Sikh or Jaina or a Sail pe aoe avied woman without the previous consent of her husband. ointed, veral executors are opp ont bean to probate may be granted een seatlors simul- +g them all simultaneously taneously or at different |. a+ different times. times. = Iilustration, ; i intment and C i tor of B\u2019s will by express appoin 7 vecutor of it by implication,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c169"}}
{"text": "a+ different times. times. = Iilustration, ; i intment and C i tor of B\u2019s will by express appoin 7 vecutor of it by implication, Probate may be granted a And at the samo time or to A first and than to C o firat and then to A. ster th . (1) If a \u00e9odicil is discovered after the eee tel grant of probate, a separate Separate probate of probate of that codicil may ool \u2014 \"be granted to the executor, _* if it in no way repeals the appointment of executors made by the will. (2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together. 226. When probate has been granted to several executors, and one of them dies, the entire representation of the testae tor accrues to the surviving executor or executors, Accrual of ropresont- ation = to surviving exeoutor, 227. Probate of a will when granted entab- lishes the will from the \u201clect of probate, death of the testator, and renders valid all intermediate acts of the executor as such, 228. When a will has been proved and de- posited in a Court of com- petent jurisdiction situated beyond the - limits of the Province, whether within or beyond the limits of His Majesty\u2019s dominions, and a properly authenticated copy of the will is produced, letters of administra- tion may be granted with a copy of such", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c170"}}
{"text": "His Majesty\u2019s dominions, and a properly authenticated copy of the will is produced, letters of administra- tion may be granted with a copy of such copy Administration\" with copy annoxed of au- thenticated copy of will proved abroad, 229.\u00b0 When ao Person appointed a0 executor 7 $ not renounced the execu- Grant of administra. torship, letters of adminis- ti on whero Oxecutor hag tration shall not be granted not renounced, \u2014_ . 0 any other person until citation has been issued, calling upon the executor to accept or renounce his executorship : \u00bb Provided that, when one or executors have proved will, th the death of the survivor of those who have proved Rrant letters of administration yw; was those who haye not'proved, without citing 230. The renunciation may be made orally in Form and offect of the Prsschce ot the Judge renunciation of exeey, OF OY a Writing signed by torship, the person Tenounoing, anid When made sha him from ever thereafter applying for see the will appointing him executor,\u201d more of several e Court may, on 231. If an executor renounces, oy fail , accept an executor. hore ae . ecutorsh; nee Sau or within the time limited fc fails to accept within the acceptance or mit time limited. thereof, the will may \u2018 proved and letters of administration with a \u00a2 Oy of the will annexed may be granted to the ih who would be entitled to administration jy Case of intestacy. Grant of administra- tion to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c171"}}
{"text": "of the will annexed may be granted to the ih who would be entitled to administration jy Case of intestacy. Grant of administra- tion to universal or residuary legatecs, (a) the deceased has made a will, but has not appointed an executor, or (5) the deceased has appointed an eXecutor who is legally incapable or r\u00e9fuses to act, or who has died before the testato; or before he has proved the will, or (c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, an universal or a residuary legatee may, be ad. mitted to prove the will, and letters of adminis tration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. 233. When a residuary legatee who has a beneficial interest survives ae to adalat the testator, but dies bales f decenty eutative the estate has been y naa reaiuary administered, his representa- tive has the same right to administration with the will annexed as such residuary legatee, 234, When there is no executor and -no rest \u2018duary legatee or represent ti ier of pipe ative of a residuary aca on whore no executor, or he declines or is incapa not roprestfatie ot t0 act, or eannot be found such Iegatee, the person or persons who Would be entitled to the administration of the estate of the deceased hy 7 | had died intestate, or any other", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c172"}}
{"text": "person or persons who Would be entitled to the administration of the estate of the deceased hy 7 | had died intestate, or any other legatee having \u2014 beneficial interest, or a creditor, may be adm! to prove the will, and letters of administration mY be granted to him or them accordingly. 235. Letters of administration: with the sn Citation before annexed shall not be gran - of administration to *0 any legatee other ia legatco other than unj- Universal or a resi versal or residuary, legatee, until a citation hss . been issued and publishe a the manner hereinafter mentioned, calling \u00b0 @ Next-of-kin to letters of administration accept or refuse 236. Letters of administration cannot be aah who TO whom adminis. ed to any person sousd tration may not be mimor or is o gtanted, mind, nor, unless aed ed was a Hindu, Muha an, Buddhist, Sikh or Jaina or an exempted Perron, to a Married woman without the previou! Consent of her husband | | pant Ww] THE GAZETTE OF INDIA, OCTOBER 10, 1925 \u2014\u2014\u2014 107 a= CHAPTER II. OF LIMITED GRANTS. Grants limited in duration, oat When o will has .been lost or mislaid or probate an , has been destroyed by wrong jent and not by any act of the testator, and grace! \u00b0 he draft of the will has been preserved, 3 copy a be granted of such copy or draft, ed until the original or a properly authenti- 1 voted COPY of it", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c173"}}
{"text": "been preserved, 3 copy a be granted of such copy or draft, ed until the original or a properly authenti- 1 voted COPY of it is produced. n a will has been lost or destroyed 238. Whe \u2018and no copy has been fae hate of fair ad nor the draft preserved, aflot ordestroyoe \"probate may be granted of vs contents if they can be established by evidence. 939. When the will is in the possession of a probateofcopywhere person residing out of the criginal exists. province in which applica- tion for probate is made, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be ganted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an suthenti- cated copy of it is produced. 240. Where no will of the deceased is forth- Administration until coming, but there is reason vill produced, to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced. Grants for the use and benefit of others having right. 241. When any executor is absent from the Administration, with PTOvince in which applica- wey oot to attor- tion is made, and there is ~ executor, no executor within the pro- nace willing to act, letters of administration,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c174"}}
{"text": "applica- wey oot to attor- tion is made, and there is ~ executor, no executor within the pro- nace willing to act, letters of administration, with ; will annexed, may be granted to the attorney * agent of the absent executor, for the use and eit of his principal, limited until he shall obtain Probate or letters of administration granted to himself, 242. When any person to whom, if present, Administrats letters of administration, rel t\u2122exed, to attor, With the will annexed, might Who, j sie person be granted, is absent from . *atitled to eq rould the province, letters of ad- . minis- sninistration, with the will 10 his Attorn annexed, may be granted \" Section a4). or agent, limited as mentioned 243, dans When 4 person entitled to administration tmey of tation to at. im case of intestacy is absent intitled to ;ut Person from the province, and no i Hintestacy, ter person equally entitled is \"istration willing to act, letters of ad- EAE of the may be granted to the attorney or * <etion 247 bsent person, limited as mentioned since the testator\u2019s death, or Se, 244. When a minor is sole executor or sole residuary legatee, letters of administration, with the will annexed, may be ee to the legal ardian of suc i or to such other person a the Court are until the minor has attained his majority at which period, and not before, probate of i ceinted tote probate of the will shall be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c175"}}
{"text": "are until the minor has attained his majority at which period, and not before, probate of i ceinted tote probate of the will shall be Administration during minority of sole executor or residuary logateo, 245. When there are two or more minor executors and no executor who has attained majority, or two or more residu: legatees and no resid legatee who has attained majority, the grant shall be limited until one of them shall have attained his majority. Administration during Minority of soveral oxeou- tors or residuary logatecs. 246. If a sole executor or a sole universal or Administration for uso residuary legatee, or a per- and benefit of lunatic or gon who would be solely \u00b0 entitled to the estate of the intestate according to the rule for the distribu- tion of intestates\u2019 estates applicable in the case of the deceased, is a minor or lunatic, letters of admin- istration, with or without the will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or, if there is no such persen, to such other person as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be. 247. Pending any suit touching the validity of the will of a deceased Administration pendente person or for obtaining lite. or revoking any probate or any", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c176"}}
{"text": "Pending any suit touching the validity of the will of a deceased Administration pendente person or for obtaining lite. or revoking any probate or any grant of letters of ad- ministration, the Court may appoint an adminis- trator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction. Grants for special purposes. 248. If an executor is appointed for any limited purpose specified imi to in the will, the probate puryoceapecifd. in will, shall be limited to that purpose, and if he should appoint an attorney or agent to take administra- tion on his behalf, the letters of administration, with the will annexed, shall be limited accordingly. _ If an executor appointed generally gives a 249. 1 authority to an attorney Administration, with or agent to prove a will Sa on his behalf, and the authority is limited to 4 articular purpose, the letters of administration, with the will annexed, shall be limited accordingly. 108 THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Pany ly ewes pe dies, leaving property of 250. Where a Por hich he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, ral representative, or one who Se atlesor wailiig act as such, letters - administration, limited to such property,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c177"}}
{"text": "no beneficial interest on his own account, ral representative, or one who Se atlesor wailiig act as such, letters - administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf. . When it is necessary that the representa- 22 \u00b0 tive of a person deceased be made a party to a pend- ing suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be ted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete exccution. 252. If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administra- tor to whom the same has been granted is absent from the province within which the Court which has granted the probate or letters of administration exercises jurisdiction, th\u00bb Court may grant, to any person whom it may think fit, letters of ad- ministration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carry- ing the decree which may", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c178"}}
{"text": "of becoming and being made a party to a suit to be brought against the executor or administrator, and carry- ing the decree which may be made therein into effect. 253. In any case in which it appears necessary for preserving the property of a deceased person, the Court within whose jurisdic- tion any of the property is situate may grant to any Person, whom such Court may think fit, letters of administration limited to the collection and pre- servation of the property of the deceased and to the giving of discharges for debts due to his estate subject to the directions of the Court, 254. (1) Whena person has died intestate, or leaving a will of which there 18 DO executor willing and competent to act or where the executor is, at the time of the death of such person Sara out of the province, and it appears to be necessary or conveiient to appitt conn person to administer the estate or any part thereof other than ip een wie. in ordinary circum. .\u00bb Would be entitled to a grant inis- en oe Court may, in its discretion en regal Fe sansuinity, amount of interest, the a \" ae ie and probability that it will be Administration limit- ed to property in which person has beneficial interest. Administration limit- ed to suit. \u00e9 Administration limit- ed to purpase of be- coming party to suit to be brought against administrator, Acministration limit. ed to cellection and preservation of de. ceased\u2019s", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c179"}}
{"text": "limit- ed to purpase of be- coming party to suit to be brought against administrator, Acministration limit. ed to cellection and preservation of de. ceased\u2019s property, Appointment, as od- nunistrator, of person other than one who, in ordinary \u2014 circum. stances, would be en. titled to adininistration, (2) In every such case letters of tration may be limited or not as the Cour it fit. Grants with exe cplion. 255. Whenever the nature of the : Cag Probate or adminis- requires that an CXCeNtion tration, with will an- be made, probate of will, nexed, subject to ex- oy letters of 9 dministy.. ception. with the will annexe ziti be granted subject to such exception, \u00bb Shall ' 256. Whenever the nature of the case redjuize Administration with that an exception be Made exception, letters of administratio, shall be granted subject to such exception, 2 Grants of the rest. 257. Whenever a grant with exception of Probate or adminis- probate, or of letters of aq. tration of rest. ministration, -with \u2018or with. out the will annexed, has been made, the Person entitled to probate or administration of the re. mainder of the deceased\u2019s estate may take , grant of probate or letters of administration, as the case may be, of the rest of the deceased's estate. : Grant of effects unadministered. 258. If an executor to whom probate has been Grant of effects un- granted has died, leaving administered, a part of the testator\u2019s estate unadministered, o new representative may be", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c180"}}
{"text": "whom probate has been Grant of effects un- granted has died, leaving administered, a part of the testator\u2019s estate unadministered, o new representative may be appointed for the purpose of administering such part of the estate. 259. In granting letters of administration of Rules as to grants of an estate not fully adminis effects unadministere.t, tered, the Court shall be guided by the same rnics as apply \u2018to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. 260. When a limited grant has expired by Adwinistration when efflux of time, or the limited grant expired happening of the event and still some\" part of contingency on which it estate unadministered, was limited, and there 15 still some part of the deceased\u2019s estate unadminis tered, letters of administration shall be granted to those persons to whom original grants might have been made. CHAPTER III. ALTERATION AxD Revocation oF GRANTS: 261. Errors in names and descriptions, m What errors may be setting forth the time a0 *eetifled by Court. place of the deceased's deat or the purpose in a inited arant, may be rectifi by the Court, and the gran. of probate or letters of a Station may be .Itered and umed accordingly. y be . Itere 262. If, after the grant of letters of admit, tration with the _ \u2018is annexed, a codicil ded covered, it may be rool _ to the grant on due ae and identification, and the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c181"}}
{"text": "tration with the _ \u2018is annexed, a codicil ded covered, it may be rool _ to the grant on due ae and identification, and the mant may be alte and amended accordingly, \u00b0 Procedure whe * *. re colic.] discovered after grant of administration with will annexed, | _- THE GAZETTE OF | part IV] = ant of probate or letters of ad- 963. The gt ministration may be revok- ton or annul- ed or annulled for eat for just cause. cause, fn Feplanation \u2014Just cause Shall be deemed to \u20184 ist Where\u2014 . exist the proceedings to obtain the grant were (a) defective in substance; or nt was obtained fraudulently by 0) ese a false suggestion, or by conceal- \u2018a7 from the Court something material to the case ; or {\u00a2) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the. prant, though such allegation was made in ignorance or inadvertently ; or (d) the grant has become useless and in- operative through circumstances ; or (ce) the person to whom the grant was made has wilfully and without reason- able cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrie in a material respect, just Illustrations, (i) The Court by which the grant was made had no juris- diction, (ii) The grant was made without", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c182"}}
{"text": "in a material respect, just Illustrations, (i) The Court by which the grant was made had no juris- diction, (ii) The grant was made without citing parties who ought to bare been cited. wi) The will of which probate was obtained was forged or revoked, (it) A obtained letters of administration to the estate of B, hb widow, but it has since transpired that she was never Duried to him. (t) A has taken administration to the estate of Bas if he | bd died intestate, but a will has since been discovered. oat) Since Probate was granted, a Iater will has keen dis- (tii) Since Probate was oe ais. Fs granted, a codicil has beon dis a Which revokes or adds to the appointment of execu- under the wil] 7 (clit) The tration mind, Person to whom probate was, or letters of ad- Were, granted has subsequently become of un- CHAPTER IV, \"me Practice IN GRANTING AND REVOKING SBATES aD Lerrers OF ADMINISTRATION. *84, (1) The District Judge shall have jurisdic- Dittdietion of tion in granting and revok- Piatiog glide in ing probates and letters of Fates eta \u2018voking administration in all cases (2) within his district. By Conte tin cases to which section 57 applies, tke towne sp 22Y local area beyond the limits ot = Of Calcutta, Madras and Bombay, and \u201ce of Burma, shall, where the deceased Pen\u201d Muhammadan, Buddhist, Sikh or fs Prob, on exempted person, receive applications Leal Co or letters of administration until", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "57", "domain": "inheritance", "chunk_id": "The Indian Successio_c183"}}
{"text": "of Burma, shall, where the deceased Pen\u201d Muhammadan, Buddhist, Sikh or fs Prob, on exempted person, receive applications Leal Co or letters of administration until the teal cfg, ment has, by a notification in the at Gazette, authorised it so to do. - NDIA, OCTOBER 10, 1925. To. == SS Se 265. (1) The High Court may appoint such Power to appoint judicial officers within any Prlegate of District district as it thinks fit to pe Patios woe non- act for the District J udge as \" Delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may pre- Scribe : Provided that, in the case of High Couris not, established by Royal Charter, such appointment shall not be without the previous sanction of the Local Government, (2) Persons, so. appointed shall be - called \u201c District Delegates \u201d. 266. The District Judge shall have the like District Judgo\u2019e Powers and authority in Powers as to grant of relation to the granting of Probate and adminis- probate and letters of admin- tration. : . 7 istration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court. 267. (1) The District J udge may order any District Judge may Person to produce.and bring order person to produco into Court any paper or testamentary papers, writing, being or purporting to be testamentary, which may be shown to be in the possession", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c184"}}
{"text": "to produco into Court any paper or testamentary papers, writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person, (27 If it is not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined respecting the same. (3) Such person shall be bound to answer truly such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, in case of XLV of 1860, default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default. (4) The costs of the proceeding shall be in the discretion of the Judge. 268, The proceedings of the Court of the Proceedings of Dis. District Judge in relation to trict Judge's Court in the granting of probate and relation to probate and Jetters of administration administration. shall, save as hereinafter erwise provided, be regulated, so far as the ee of the case permit, by the Code of Civil", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c185"}}
{"text": "of administration administration. shall, save as hereinafter erwise provided, be regulated, so far as the ee of the case permit, by the Code of Civil Procedure, 1908. 269. (J) Until probate is granted of the will Siac: gud e Beers pean or au Bis in- administrator of his estate cee for\u2019 protection is constituted, the District of property. Judge, within whose juris- diction any part of the property of the deceased rson is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs auy risk of loss or damage; and for that purpose, if ot r V of 1008. \u2018 GAZETTE 110 THE GAs OF INDIA, OCTOBER 10, 1926. ( Parr yy fit, to appoint an officer to take and keep posses- sion of the property. (2) This section shall not apply bla deceased is a Hindu, Mubammadan, al . Sikh or Jaina or an exempted peo, radian apply to any part of the property of an Christian who has died intestate. a fthe will or letters of admunis- 270. Probale \u00b0 tration to the estate of a istrati he deceased person may be granted, yy \"District granted by a District Judge Soage under the seal of ps Sout if it appears by a petition, verified as herematter provided, of the person applying for the same that the testator or intestate, as the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c186"}}
{"text": "Sout if it appears by a petition, verified as herematter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immove- able, within the jurisdiction of the Judge. en the application is made to the kane Tndge of a district in which the deceased had no fixed abode at the time of his ceased had no fixed death, it shall be in the abode. discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his Own juris- diction. : , 272. Probate and letters of ex sayctean may, upon application for of \"tdministration\u2019 wey that purpose to any District be granted by Dele- Delegate, be granted by him gate. in any case in which there is no contention, if it appears by petition, verified as hereinafter provided, that the testator or intestate, as,the case may be, at the time of his death had a fixed place of sbode within the juris- diction of such Delegate, When probate or ad- Disposal of applica- tion made to Judge of district in which de- 273. Probate or letters of administration shall cane have effect over, all the Nelusivenoess of pro. Gata or tee PE o.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c187"}}
{"text": "district in which de- 273. Probate or letters of administration shall cane have effect over, all the Nelusivenoess of pro. Gata or tee PE o. property and estate, move- ministration. able or immoveable, of the , deceased, throughout the province in which the same is or are granted, and shall be conclusive as to the Tepresentative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all- debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted : Provided that probates and letters of adminis- tration granted\u2014 (2) by a High Court, or (b) by a District Judge, where the deceased at the time of his death had & fixed Place of abode situate within the juris- diction of such Judge, and such Judge certifies that the value of the pro- perty and estate affected } limits of the provine oe emect e does not ten thousand rupees, exceed shall, unless otherwise directed b like effect throughout the wh y the grant, have ole of British India, \u2014\u2014\u2014\u2014\u2014 \u2014\u2014 ee 274. (1) Where probate or letters of aq. mission to High tration has or haye bes Ceca ot certificate of granted by B High Com nts under proviso to or District Judge with the section 273, effect referred to in the viso to section 273, the High Court or Dise Judge shall send", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "273", "domain": "inheritance", "chunk_id": "The Indian Successio_c188"}}
{"text": "to or District Judge with the section 273, effect referred to in the viso to section 273, the High Court or Dise Judge shall send a certificate thereof to the folle vt ing Courts, namely :\u2014 (a) when the grant has been made by a High Court, to cach of the other Te Courts ; (b) when the grant has been made ya District Judge, to the Hi gh Cours ; which such District Judge is subord. nate and to cach of the other High Courts. . (2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances ag. mit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court pr. ceiving the same. (3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in sections 276 and 278, to be situate within th jurisdiction of a District Judge in another prov. ince, the Court required to send the certificats referred to in sub-section (J) shall send a copy thereof to such District Judge, and such copy shall be filed by the District Judge receiving the same. 275. The application for probate or lettersof administration, if made and verified in the manner her- inafter provided, shall be conclusive for the purpox# of authorising the grant of probate or administration : and no such grant shall be impeached by reason only that the testator o intestate had no fixed place of abode or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "273", "domain": "inheritance", "chunk_id": "The Indian Successio_c189"}}
{"text": "or administration : and no such grant shall be impeached by reason only that the testator o intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtaised by a fraud upon the Court. 276. (1) Application for probate or for lettes of administration, with th will annexed, shall be ma by a petition distinctly written in English or 2 language in ordinary use in proceedings before Court In which the application is made, with 7 will or in the cases mentioned in sections 23h, 238, and 239, a copy, draft, or statement of contents thereof, annexed, and stating\u2014 (a) the time of the testator\u2019s death, (6) that the Writing annexed is his last testament, (c) that it was duly executed, state td (2) the amount of assets which are likely come to the petitioner\u2019s hands, and \u00a2the (c) when the application is for probate, that 5 petitioner is the executor named in ann (2) In addition to these particulars, the pe shall further state,\u2014 tri! (a) when the application is to the wee . Judge, that the deceased at the tim\u201d 1b death had a fixed place of abode, \u00a9 i some property, situate within the] tion of the Judge; and Conclusiveness of ap- plication for probate or administration if perly made and verified Petition for probate, willss! ay ~ | | at IV] THE GAZETTE OF INDIA, OCTOBER 10, 1925,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c190"}}
{"text": "probate or administration if perly made and verified Petition for probate, willss! ay ~ | | at IV] THE GAZETTE OF INDIA, OCTOBER 10, 1925, lll ten the application is to a District () i elegate, that the deceased at the time t his death had a fixed place of abode sithin the jurisdiction of such Delegate. he application is to the District 3) Where sartion of the assets likely to come judge *\" itioner\u2019s hands is situate in another to the P the petition shall further state the provinees such assets in each province and the t Judges within whose jurisdiction such spor sctric Distt?\u2019 \u00a9 situate. gssets are 5 977, In cases wherein the will, copy or draft cases trans- is written in any language Ja wha will tobe other than English or than Weert to petition. that in ordinary use in Verification of trons proceedings before the Court, ition OY Franslator. there shall be a translation i of annexed to the petition by a translator of Pe court, if the language be one for which a ranelator is appointed ; or, if the will, copy or draft is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely :\u2014 \u201c1 (A. B.) do declare that I read and per- fectly understand the language and character of the original, and that the above is a true and accurate translation", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c191"}}
{"text": "declare that I read and per- fectly understand the language and character of the original, and that the above is a true and accurate translation thereof.\u201d 278, (1) Application for letters of administra- Petition for letters of tion shall be made by peti- administration, aforesaid and stating-- (a) the time and place of the deceased\u2019s death, (6) the family or other relatives of the deceased, and their respective residences, (c) the right in which the petitioner claims, (d) the amount of assets which are likely to come to the petitioner\u2019s hands, (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge ; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. ; (2) Where the application is to the District udge and any portion of the assets likely to come to the petitioner\u2019s hands is situate in another Provinces wount of such assets in each province and the istrict Judges within whose jurisdiction such \u2018sets are situate. 279, (1) Every person applying to any of in petiento statement the Courts mentioned i ps Prbite or\u2019 tats, (\u00b0F proviso to section or tdmtinistration tc oo! Brbats of a will or letters tate 4 of administration of au In .- intended to have effect throughout", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c192"}}
{"text": "to section or tdmtinistration tc oo! Brbats of a will or letters tate 4 of administration of au In .- intended to have effect throughout British the \u00bb Shall state in his petition, in addition to Atters respectively required by section 276 ~ tion distinctly written as \u00bb the petition shall further state the, =\u2014 and section 278, that to the best of his belicf no application has been made to any other Court for a probate of the same will or for letters of adminis- tration of the same estate, intended to have such effect as last aforesaid, or, where any such application has been made, . the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon. (2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same. 280. The petition for probate or letters of administration shall in all cases be subsoribed by the petitioner and his pleader, if any, and shall be verified in the following manner, Petition for probate, ete., to be signed and vorified, by the petitioner namely :\u2014 \u201cT (A, B.), the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.\u201d 281. Where the application is for probate, Verification of poti. the petition shall also be tion for probate, by one verified by at least one", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "276", "domain": "inheritance", "chunk_id": "The Indian Successio_c193"}}
{"text": "281. Where the application is for probate, Verification of poti. the petition shall also be tion for probate, by one verified by at least one of witnoss Lo will . the witnesses to the will (view procurable) in the manner or to the effect ollowing, namely :\u2014 8 \u201cI(C. D.), one of the witnesses to the last will and testament of the testator men- 0 tioned in the above petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or that the said testator acknow- ledged the writing annexed to the above petition to be his last will and testament in my presence), 282. If any petition or declaration which is Punishment for fnlso hereby required to be veri- averment in petition or fied contains any averment declaration, which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Indian Penal ~ Code. 283. (I) In all cases the District Judge or Powers of District District Delegate may, if Judge. he thinks proper,\u2014 (a) examine the petitioner in person, upon oath ; (6) require further evidence of the due execution of the will or the right of the petitioner to the letters of administration, as the case may be; (c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "193", "domain": "inheritance", "chunk_id": "The Indian Successio_c194"}}
{"text": "calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administra- tion. (2) The citation shall be fixed up in some con- spicuous part of the court-house, and also in the oflice of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct ee XLV of 18 THE GAZETTE OF INDIA, OCTOBER 10, eas: 112 U Parr yy ee (3) Where any portion of the ates en stated by the petitioner to be situa V rs jurisdiction of a District Judge in anot. a pr be i the citation to be sen ; Juaee, who shall publish the same in the 4 manner as if it were a citation issued by hims a and shall certify such publication to the Distric Judge who issued the citation. inst the grant of probate 284. (1) Caveats nat \u201cadministration may be probate ov udainetre ith the District dministra- lodged with the -_e a Judge or a District Dele- gate. 2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. 3) Immediately on a caveat being entered with the District Jiutles a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c195"}}
{"text": "be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time of his death, and to any other Judge or District. Delegate to whom it may appear to the District J udge expedient to transmit the same. , (4) The caveat shall be made as nearly as cir- cumstances admit in the form set forth in Schedu'e Y. 285. No proceeding shall be taken on & peti- After entry of caveat, 100 for probate or letters of no proceeding taken on administration after a caveat petition until after no- against the grant thereof hag Heo to enveator, been entered with the J udge or District De'ezate to whom the application has been made or notice has been given of its entry with some other Delegate, until aftersuch notice to the person by whom the same has been entered as the Court may think reasonable. 286. A District Delegate shall not grant pro- District Delegate bate or letters of adminis- when not to grant tration in any case in which Frubete or administra. there jg Contention as to . the grant, or in which it otherwise appcars to him that probate or letters of administration ought not to be granted in his Court. Explanation,\" Contention\u201d means the ap- pearance of any one in person, or by his recognized agent, o: by a pleader duly appointed to act on his behalf, to Oppose the proceeding, Form of rarer", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c196"}}
{"text": "in person, or by his recognized agent, o: by a pleader duly appointed to act on his behalf, to Oppose the proceeding, Form of rarer 287. In every case in which there is no con- tention, but it appears t Power to transmit a PP \u00b0 statement to Districe the District Delegate doubt- Judge am doubtful ful whether the probate or cases i * in; 7 tention 2\u00b0 \u00a9 Jettory of adninistration should or should not be eTanted, or when any question arises jn Telation to the grant, or pplication for the grant, of an Probate or letters of administration, the District Delvsate miy. if he thinks Proper, transmit a statement of the matter in question to the istrict Judue, who av dircet. the District eh vate to Proceed in the matter of the applica i. ace | i On, according ta such structions as ta the Judge may seem necessary, or may forbig a farthet proceeding by the District Delegat, in relation to the matter of such applicatiy leaving the party applying for the grant in question to make application to the Judge, 288. In every case in which there ig contention or the District Delegate ig Procedure whore of opinion that the Probaty District Delegate OF letters of administration thinks probato or letters should be refused in his Co tise of administration should the peti tion, with \u2014- on be refused in his Court, ments which may hace isa filed therewith, shall be returned to the person by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c197"}}
{"text": "the peti tion, with \u2014- on be refused in his Court, ments which may hace isa filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do ; and, in that. case, the same shall be sent by him to the District Judge, . 289. When it appears to the District Judge or District Delegate that probate of a will should he granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI. Grant of probate to bo under seal of Court, 290. When it appears to the District Judge or District Delegate that letters Grant of lettersof of administration to the Somme ey ed be estate of a person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VIL. 291. (7) Every person to whom any grant of letters of administration, . other than a grant under section 241, ig committed, shall give a bond to Administration-bond. in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or Special order, direct. (2) When the decea-ed was a Hindu, Muham-", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "241", "domain": "inheritance", "chunk_id": "The Indian Successio_c198"}}
{"text": "which bond shall be in such form as the Judge may, by general or Special order, direct. (2) When the decea-ed was a Hindu, Muham- madan, Buddhist \u00bb Sikh or Jaina or an exempted person\u2014 (2) the exception made by sub-section (J) in respect of a grant under section 241 shall not operate ; . (6) the District Judge may demand a like bond from ny person to whom probate 1s granted, \"292. The Court may, on application made by Petition and on being satis- & of admin. fied that the engagement beg of any such bond has not een kept, and 4POn sich terms as to security, OF \u201c\u00a9 Money received be paid into wt, or otherwise, as the Cours may think fit, assign the Same to some Person, his executors OF uustrators, who shall to sue on the said bong In his or their own nsme- \u2018ame had been originally giveD Assignmen istration-bond, \u2014 } THE GAZETTE OF INDIA, Ocropup 10, 1995, 113 apt IS \u2014\u2014 _ ge tead of to the Judge of the 299. F _ a of be entitled to recover thereon, as very order ee ty are Judge yb and shall rsons interested, the full amount of Deals from orden, hereby confased o ae fost for all Pspoct of any breach thereof, me Judge, shall be subject to ipoesl is ene ml te of a will shall be granted the High Court in accordance with the provisions ropa. No PONS \u00a9 ntil after the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "241", "domain": "inheritance", "chunk_id": "The Indian Successio_c199"}}
{"text": "is ene ml te of a will shall be granted the High Court in accordance with the provisions ropa. No PONS \u00a9 ntil after the expiration Of the Code of Ciyi1 Procedure, 1908, applicable ral pine fF \u2018aistration. letters of administration wand ad shall be granted until after tion of fourteen clear days from the day 8 1 ator or intestate\u2019s death, e3 {the District Judge, or District go. (1) Hyer Delegate, shall file and of original wills preserve all original wills, 3, probato a a of which probate or letters ai with wi of administration with the poten will annexed may be puied by him, among - dee: of ma ie *jjsome public registry for wills is established, \u201cThe Local Government shall make regula- ves for the preservation and inspection of the 70 filed. a 993, Inany cuse before the District Judge in which there is conten- frsclure in contentious tign the proceedings shall cass take, as nearly as may be, Ae form of a regular suit, according to the pro- rsns of the Code of Civil Procedure, 1908, in mh the petitioner for probate or letters of ad- titration, as the case may be, shall be the plain- Jatd the person who has appeared to oppose \u201cgrat shall be the defendant. 298, (1) When a stant of probate or letters of administration is revoked Emi bri or annulled under this Act, rsntion, the person to whom the stant was made shall forth: \u201cdeliver up the probate or letters", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c200"}}
{"text": "revoked Emi bri or annulled under this Act, rsntion, the person to whom the stant was made shall forth: \u201cdeliver up the probate or letters to the Court ma made the grant, Bi such Person wilfully and without rea- ey ee omits so to deliver up the probate me shall be punishable with fine which = .\"tend to one thousand rupees, or with < for a term which may extend to ~ mnths, or with both. \u2018Mena grant of probate or letters of ad- fat executor Ministration js revoked, all Brg wet leloe payments bond fide made to ated tstra. any executor or administra- Re ctation i tor under such \u201crant before * Rocation lereof shall notwithstanding \u201cOthe gan\u201d 2 teal discharge to the person chy}. es aud the executor or administra- s Main and 4 under any such revoked grant 2S made inburse himself in respect of any \u2018 Ot letter nm which the person to whom 5 ted might , administration ma y afterwards QB y bri ave lawfully made. hstan img anything hereinbefor\u00e9 . wy na iligk ae UY SHEN! of Jatnastornhot eer: bk ane bly, be in the discretion of the RL by it j orrlor refusing, for reasons to be Sof aq atting, to grant any application \u201ctration made under this Act. : toes\u2019 letter Contained, it shall, where tion, the deceased was a Muham- booth op 9 Hing, madan, Buddhist or exempt- bo 4td 1D 300. (2) The High Court shall have concurrent jurisdiction", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c201"}}
{"text": "the deceased was a Muham- booth op 9 Hing, madan, Buddhist or exempt- bo 4td 1D 300. (2) The High Court shall have concurrent jurisdiction with the Dis- ne ic udge in the exercise of all the powers here conferred upon the District Judge. , \u2014 (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent juris- PY conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay, and the province of Burma, shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, Fecelve applications for probate or letters of a tration until the Local Government has, by a notification in the local official Gazette, authorised it so to do, 301. The High Court may, \u00e9n application made to it, suspend, remove or discharge any private executor or administrator and provide for the suc- \u2018Concurrent syesca: . juris tion of High Court. Romoval of executor or administrator and provision for successor, , Property belonging to the estate. 302. Where probate or letters of administration in respect of any estate has or have been granted under this Act, the High Court may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof. . CHAPTER V. Or EXEcutors oF THEIR OWN WrRonc. 303, A person who intermeddles with the estate of the deceased, or of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "57", "domain": "inheritance", "chunk_id": "The Indian Successio_c202"}}
{"text": "the administration thereof. . CHAPTER V. Or EXEcutors oF THEIR OWN WrRonc. 303, A person who intermeddles with the estate of the deceased, or of his own does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. Exceptions.\u2014(1) Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the imme- diate necessities of his family or property, does not make an executor of his own wrong. (2) Dealing in the ordinary course of business with goods of the deceased received from another does not make an executor of his own wrong. illustrations, Directions to oxccutor or idministrator, Executor wrong. (3) A uses or gives away or sells some of the \u201coods of the decunsed, ur takes them to satisfy his own debt or leyacy - receives payment of the debts of the deceased. He is an ence : his own wrong. _ me a having been appointed agent by the deceased in his lifetime to collect his debts and ecll his gouda, continucs todo so after he has become aware of his deatu. MHeis an executor of his own wrong in reapect of acta dene atter he has become : the death of the deceased, a amin A sussas executor of the deceased, not being such, He is an executor of his own wrong, XLY of 1860, 114 THE GAZETTE", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c203"}}
{"text": "a amin A sussas executor of the deceased, not being such, He is an executor of his own wrong, XLY of 1860, 114 THE GAZETTE OF INDIA, 0 CTOBER 10, 1925. \u2014 \u2014 \u2014\u2014 acted ag to become an executor of his own Liability of executor of wrong, he is answerable to his own wrong. the rightful executor or i f the dministrator, or to any creditor or legatee 0 Aeoancilfe the extent of the assets which any have come to his hands after deducting paymen s made to the rightful executor or administrator, 7 : payments made in due course of administra tion. 304. When a person has s0 CHAPTER VI. Or THE Powers OF AN EXECUTOR OR ADMINIS- TRATOR. 305. An executor or administrator has the same power to sue In _respect In respect of causes of all causes of action that of action aa survive the deceased, and reer and rents due may exercise the same power . for the recovery. of debts as the deceased had when living. 306. All demands \u2018whatsoever and all rights to prosecute or defend any action or special proceeding existing in\u2019 favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal Code, or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c204"}}
{"text": "other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory. Demands and rights of action of or againat deceased survive to and against executor or ad- ministrator. Illustrations. (i) A collision takes place on a Tailway in consequence of some neglect otefault of an official, and a passengor is soverely hurt, butnot so as to causodeath. Ho afterwards dies without having brought any action. The cause of action docs not survive. (#1) Asucs fordivoree, A dies. The causo of action does not survive to his representative, 307. (1) Subject to the provisions of sub-sec- tion (2), an executor or ad- ministrator has power to dispose of the property of the deceased, vested in him under section 211, either wholly or in part, in such manner as he may think fit. Power of oxecutor or administrator to dis. pose of property, Illustrations, \u2018 ~ (i) The ince has nent a specific bequest of part of his property, The executor, not having assented to the be sells the subject of it. The sale is valid. aa (ti) The executor in the exercise of his discretion mortgages nial a immoveable estate of the deceased, Tho mort. (2) If \u2018the deceased was a Hindu, Muham- madan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (Z) shall be subject: to the following restrictions and conditions,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "211", "domain": "inheritance", "chunk_id": "The Indian Successio_c205"}}
{"text": "madan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (Z) shall be subject: to the following restrictions and conditions, namely :\u2014 (1) The power of an executor to dispose of immoveable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, yp] \"has been granted to him and pete ' which granted the probate permite by an order in writing, notwithsts bin the restriction, to dispose of any j niin able property specified in the onde manner permitted by the order, i (it) An administrator may not, without | previous permission of the Cour h which the letters of administration im granted\u2014 en (a) mortgage, charge or transfer by sale gift, exchange or otherwise an immoveable property for the tin being vested in him under Sectiog 211, or (b) lease any such property for a tem exceeding five years, (iit) A disposal of property by an execute, or administrator in contravention af clause (7) or clause (zi), as the case may be, is voidable at the instance \u00a2 any other person interested in the po. perty. (3) Beforeany probate or letters of admini: tration is or are granted in such a case, then shall be endorsed thereon or annexed thereto a copy of sub-section (J) and olauses (i) ani (11t) of sub-section (2) or of sub-section (7) and clauses (71) and (iit) of sub-section (2), as th case may be. ; (4)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c206"}}
{"text": "(i) ani (11t) of sub-section (2) or of sub-section (7) and clauses (71) and (iit) of sub-section (2), as th case may be. ; (4) A probate or letters of administration shal not be rendered invalid by reason of the e& dorsement or annexure required by sub-section(} not having been mode thereon or attac thereto, nor shall the absence of such an & dorsement or annexure authorise an executet or administrator to act otherwise than \u00bb accordance with the provisions of this sectio 308. An executor or administrator may, in addi tion to, and not in dems General powers of tion of, any other powers administration. eisable by him, incur expenditure\u2014 (a) on such acts as may be necessary {0% the proper care or management of any al perty belonging to any estate ada tered by him, and (2) with the sanction of the High Cou,\u2019 such religious, charitable and objects, and on such improvemel!s may be reasonable and propet ~ case of such property. te 809. An executor or administrator shall 2% Commission entitled to receive oF es agency charges, any commission 0 tet charges at a higher\u201d that for the time being fixed in respect i Administrator General by or under the A trator General's Act, 1913. expenditure lawfully &, a a SP Seaeere chee 2 oe _\u2014 THE GAZETTE OF INDIA, OCTOBER 10, 1995 ] f ate st ae cutor or administrator purchases, executor or administrator is entitled in that [fany exe ither directly or indirect] 430.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c207"}}
{"text": "10, 1995 ] f ate st ae cutor or administrator purchases, executor or administrator is entitled in that [fany exe ither directly or indirect] 430. ei y irectly, character; and shall in like mann ithi | py oseoutor any part of the property of year from the grant or within such farther tae 38 115 af eas Eee pede ator of 8% the deceased, the sale is the said Court i ibi a He poten voidable at the instance of of the estate, \"showing. \u201cthe ets oki have j per perso snterested in the property sold. come to his\u2018hands and the manner in which pyot \u2018ynen there are several exeoutors or they have been applied or disposed of. 313 administrators, the powers (2) The High Court may prescribe the form in ages of Latin of all: may, in the absence of oe tiie which an i : . ey of any direction to the con- \u2018te eva or account under this section prea reisablo : rains trary, be exercised by any ee pera WhO has proved the will or taken out (3) Tf an executor or administrator, on being ge 0 ration. required by the Court to exhibit an inventory or\u2019 sani Illustrations, account under this section, intentionally omits to ajeoreral executors has power to release a debt due comply with the requisition, he shall be deemed a hah Lae to have committed an offence under section 176 of x1V of 1860, pile der a lease. : the Indian Penal", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "176", "domain": "inheritance", "chunk_id": "The Indian Successio_c208"}}
{"text": "be deemed a hah Lae to have committed an offence under section 176 of x1V of 1860, pile der a lease. : the Indian Penal Cod one bas power to surren e an Penal Code. (u \u2018er to scll the property of the deceased regs . - oe \u2018as pone, to Ee: _ (4 The exhibition of an intentionally false a has power to assent to a legacy. ieee . secotnt under this section shall be i) : eemed to be an offence under section 193 of dorse a promissory note payable to (joe be Pomorie \u00ae Pronussory nom Paya that Code. te de . . ints A, B, C and D to be executor, f me will appoit th aaGerguceum, Nouehess 318. In all cases where a grant has been made elit ingle oxceutor, Taventory te ineluds of probate or letters of ad- 312, Upon the death of one or more of several of British India in have effect throughout the ; executors or administrators, certain cases. ams \u00b0 fgorival of powerson _ whole of British India, the death of one of iin ra enemas we executor or administrator shall include in the oo = ail \" im f ef Fic a inventory of the effects of the deceased all his || the sees the Pe arene moveable and immoveable property situate in dnistration, a\u201d whe P \u2018 British India, and the value of such property vated in the survivors or survivor. situate.in each province shall be separately stated", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "176", "domain": "inheritance", "chunk_id": "The Indian Successio_c209"}}
{"text": "a\u201d whe P \u2018 British India, and the value of such property vated in the survivors or survivor. situate.in each province shall be separately stated 313, The administrator of effects unadminis- in such inventory, and the probate or letters of tered has, with respect to administration shall be chargeable with a fee Powers of adminis- corresponding to the entire amount or value of tntor of elects unad- such effects, the same rhistered. powers as the original exe- the property affected thereby wheresoever situate | citor or administrator. within British India. 314, An administrator during minority has 319. The executor or administrator shall collec\u00e9,. ; ith reasonable diligence,. Powens: af adninias all the powers of an ordi- wi ) trator daring minority, nary administrator. As to property of, the property of the deceased 3 and debts owing to, and the debts that were due- 15. When a grant of probate or letters of deceased. to him at .the time of his Pextrs of married 8dministration has been death. an or adminis- made to a married woman, to ordin she has all the powers of ary executor or administrator. Expensee to be paid 320. Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and before all debts death-bed charges, including CHAPTER VII. Op fees for medical attendance, and board and lodg- TE Durigs or AN EXECUTOR OR ADMINIS- ing for one month previous to his death, shall be , TRATOR. paid before all debts. 18. Tt", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c210"}}
{"text": "TE Durigs or AN EXECUTOR OR ADMINIS- ing for one month previous to his death, shall be , TRATOR. paid before all debts. 18. Tt is the duty of an executor to provide 321. Tho expenses of obtaining probate or At to deceasea; funds for the performance letters of administration in- \u201cel, * of the necessary funeral Expenses to be paid cluding the costs incurred Ma manner enter, oremonies of the deceased ashe wer such \u00a9\" for or in respect of any lft pro \u20acr suitable to his condition, if he has Ee judicial proceedings that may Perty sufficient for the purpose. be necessary for administering the estate, shall 817, (2) . be paid next after the funeral expenses and death- t An executor or administrator shall, bed charges. fagnY and ac. sities Tan ee 322, Wages due for services rendered to the grant of probate or letters . Wag 5 re ch fun of administration, or within deceased within three months te prob her time as the Court which granted Wages for cortain sor next preceding his death by ta\u2019 9 at or letters may appoint, exbibit in vices 10 be next paid, any labourer, artizan or ing Court an ; Dee ae tall and then other debts. gomestic servant shall next Tue eg mventory containing oi be paid, and then the other timate of all the property in : ) eh : a and all the credits, and i all the debts of the deceased according to their", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c211"}}
{"text": "of all the property in : ) eh : a and all the credits, and i all the debts of the deceased according to their respective \" by any person to which the priorities (if any). 116 \"HE GAZETTE OF INDIA, OCTOBER 10, 1995, SS id, no creditor shall have 323. Save paar of priority ov . r idequally snother; but the executo Sadan -\u2014 or me are a pay i own such debts as he knows of, including his own, equally and rateably as far as the assets of the deceased will extend. its J divas . (Z) If the domicile of the eceased w =e not in British India, the pier Plcation ae application of lus moveable raonl Po debts w ere property to the payment of domicile not in British his debts is to be regulated taille by the law of British India. (2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment into account for the benefit of the other creditors, (3) This section shall not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Jilustration, Save as aforesaid, all remain due to them, 325. Debts of every description must be paid | Debts to be paiq before any legacy, fore levacics, 326. If the estate of the deceased js subject", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c212"}}
{"text": "of every description must be paid | Debts to be paiq before any legacy, fore levacics, 326. If the estate of the deceased js subject Exceutor oe adminis. 0 any contingent liabilities, trator not bound to al exceutor or administra- Eimer without tor is not bound to pay any * legacy without a sufficient indenmity to mect the liabilities whenever they may become due, 327. If the assets, after payment of debts, Abatement of general Recessary \u2014 expenses and egacies, Specific lepacies are not Sufficient to pay all the General legacies in full, the latter shall abate or be diminished jn e Portions, and, in the absence of any direction to the contrary in the will, the executor has no right to Pay one legatee in preference to another, or to retain any money on account of a legacy to himself or to any person for whom he is g iii, \u00b0 328. Where there is 4 specific leg Non-abatemont of fpecific legacy when Payment of debts and neces- Paes suflicient to pay ais Ppenses, the thing ne rectied must be deliy to the legatee without any abatement, evered 329, Where there 'S & demonstrative legacy Right d : and the assets icient maigee, un er de \u2018tS are suflicient to pay debts ang and Necessary expenses, the bary expenses, (gutee has\u201d Preferentia] claim for Payment of pi, legacy out o: the fund from whic directed to be paid until such fund she Lop, and if, after the fund js", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c213"}}
{"text": "Payment of pi, legacy out o: the fund from whic directed to be paid until such fund she Lop, and if, after the fund js exhausted legacy still remains unpaid, he jg for the remainder against the gen & legacy of the amount of such \u00bb Part entitled : eral Assets Unpaid Tema 330. If tho assets are not Sufficient tp the debts And the be Rateable abatoment of legac Spe specific logacics, shall an ite latter rateably in Proportion to their ine amounts. Pee Illustration, A has bequeathed to Ba diamond rin valu and to Ca horse, valued at 1,000 rupees.\u201d It ison ny to soll all tho offects of the testator; and his assots, my ment of dobts, are only 1,000 rupees, OF this \u00a2 oF 333-5-4 are to bo paid to B, and rupces 666-10.3 tote my 331, For the purpose of abatement Legacies treated general for abatement, for lif mo as for life, a sum appro,\u2019 purpose of ed by the will to oe 40 annuity, and the val of an annuity when no sym has been Appropriat to produce it, shall be treated 48 general legac) CHAPTER VIII. Or Assenr To a Legacy ny EXEOuToR on 45 MINISTRATOR, 332. The assent of the #xecutor or administy tor is necessary to con plete a legatee\u2019s title t his legacy, Illustrations, (i) A by his will bequoaths to B his Government pape Which is in doposit with tho Imporia!l Bank of India, Th ank has no authority", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c214"}}
{"text": "A by his will bequoaths to B his Government pape Which is in doposit with tho Imporia!l Bank of India, Th ank has no authority to deliver the socurities, nor B a cs to take possession of them, without the assent of tho execuz (ii) A by his will has bequeathed to C his houso in Calect in tho tenancy of B. C is not entitled to receive the rea without tho assont of tho oxecutor or administrator. 333. (1) The asscht of the executor or admit. istrator to a specific be quest\u2019.shall be suffices to divest his interest # executor or\u2018administrator therein, and to trande the subject of the bequest to the legatee, unlesstht nature or the circumstances of the property 1 quire that it shall be transferred in\u00bb particabr way, _ (2) This assent may be verbal, and it may b either express or implied from the conduet of executor or administra tor, Mustrations, iy (1) A horse is bequeathed. Tho oxccutor requests logatoo to disposo of it, or n third party proposes to J to th? tho horse from the \u00aexecutor, and ho dirocts him to apply loga nt to the legney is implied. ba (\u00a51) Tho intorost of a fund isd; tod by tho will to boa for tho maintonaneo of the aan ducky his minority. 1, executor commencag . fsisan assent Whole of tho bequest,\u201d (SPPIY it. Thisis oe bequest i mado ofafundto A and ates te 7 <A ~*ecutor nays tho ; to A.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c215"}}
{"text": "assent Whole of tho bequest,\u201d (SPPIY it. Thisis oe bequest i mado ofafundto A and ates te 7 <A ~*ecutor nays tho ; to A. implied asient to tho bonnes of the fund to (iv) Exccutory dio aft but bofore \u00e9atistaction \u00a9 cieg may be Presumed, {v) A porson ty wh : ; o . been lakes possession of it and iataing se the part of the executor, Assent necessary to complete legateo's titlo, ffect of executor\u2019s ng. sept to specific logney. quest to B. pests? i ho er paying all the debtaof the **\" { specific legacies. Assont to the al pegaes\u2122 \u00e9 tb2* Tutains ic without any uF His assent may bo prs THE GAZETTE OF INDIA, OCTOBER 10, 1925 117 ofan executor or administrator 334. he sseent to a legacy may be condi- cosaiiensl assont. tional, and if the condition nich he has a right to enforce, and it is jg on0 \u00a5 med, there is no assent. pot perfor , Illustrations. caths to B his Iands of Sultanpur, which at the aa yan and at the death of A, wore subject to a mort- ae of the m0 \u2018rupees. The executor assents to the bequest, ott for 10, that B shall within a limited time pay the amount ee ceatition rigage at the testator\u2019s death. Tho amount is dst onthe Thero is no assent. rot Pe eexecutor assents to a bequest on condition that tho (i) Tl ay him asum of moncy. Tho payment is not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c216"}}
{"text": "is no assent. rot Pe eexecutor assents to a bequest on condition that tho (i) Tl ay him asum of moncy. Tho payment is not yegatee & The Deeait is nevertheless valid. t. 995. (1) When the executor or administrator of executor 38a legatee, his assent to his Aer legacy. own legacy is necessary to . iete his title to it, in the same way as it is aa d when the bequest is to another person, ad his assent may, in like manner, be expressed or implied. bane TO Sg Re ode (2) Assent shall be implied if in his manner of sdministering the property he does any act which i, referable to his character of legatee and is not referable to his character of executor or adminis- trator. ; Illustration. Anexecutor takes the ront of a house or the interest of Goremment securities bequeathed to him, and applies it to his own use. This is assent. 336. The assent of the executor or adminis- Bfect of executor\u2019s trator toa legacy gives effect usent, to it from the death of the testator. . Illustrations, (i) A legates cells his legacy before it is assented to by the executor. The executor\u2019s subsequent assont operates for the haefit of the purchaser'and completes his title to the legacy. (ii) A bequeaths 1,000 rupees to B_ with interest from his \u00e9ath, The executor docs not assent to his legacy until the \u2018jurtion of a year from A's death. B is entitled to interest", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c217"}}
{"text": "from his \u00e9ath, The executor docs not assent to his legacy until the \u2018jurtion of a year from A's death. B is entitled to interest frm the death of A, $37. An executor or administrator is not bound Executor whon .to t0 pay or deliver any legacy \u00e9itirer legacies, until the expiration of one Year from the testator\u2019s death. e Illustration, Aby his will directs his legacies to bo paid within six months hit bis death, The executor is not bound to pay them we the expiration of a year, , CHAPTER IX. TRE PAYMENT AND APEORTIONMENT OF 93 ANNUITIEs. 8. Where an annuity is.given by a will, wiBBencement \u2018of _and no time is fixed for its fred by ie no time commencement, it shall tor's death commence from the testa- at the ov .? 20d the first payment shall be made erent, \u201cxPitation of a year next after that 3 me Vhere there is a direction that the an- hid aoty, tobe nuity shall be paid quarterly \u201cath, frst fave or or monthly, the first pay- *td of the ment shall be due at the na be a quarter or first month, as the case te g ent, \u20acr the testator\u2019s death ; and shall, if \u201cket due pr Or 2dministrator thinks ft, be paid \u201ctt be boun Ut the executor or administrator shall (to pay it till the end of the year. 340. (/) Where there is a direction that the first Totes of successive payment of an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c218"}}
{"text": "(to pay it till the end of the year. 340. (/) Where there is a direction that the first Totes of successive payment of an annuity shall a aa z when ee be made within one month nade withinagiventime OF any other division of time or on daycertain:death from the death of the test- : sate before date ator, or on a day certain, the successive payments are to be made on the anniversary of the earliest day. On which the will authorises the first payment to be made. (2) If the annuitant dies in the interval be- tween the times of payment, an apportioned share of the annuity shall be paid to his representative. \\ CHAPTER X. Or THE InvestTMENT oF FuNDS \u2018To PROVIDE FOR LEGACIES. 341, Where a legacy, not being a sper ifio Investment of sum leB4cy; is given for life, the bequeathed where Sum bequeathed shall at the legacy, not specific, end of the year be invested given for life, in such securities as the High Court may by any general rule authorize or direct, and the proceeds thereof shall be paid to the legatee as the same shall accrue due. . 342. (7) Where a general legacy is given to be Investment of geno. Paid at a future time, the ral legacy, to be paid executor or administrator atfutie time: disposal ghall invest. a sum sufficient of inisimediatointorest- \u201cfs mieet it iti Rebtivities O\u00a2 the kind mentioned in section 341. (2) The intermediate interest shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "341", "domain": "inheritance", "chunk_id": "The Indian Successio_c219"}}
{"text": "disposal ghall invest. a sum sufficient of inisimediatointorest- \u201cfs mieet it iti Rebtivities O\u00a2 the kind mentioned in section 341. (2) The intermediate interest shall form part of the residue of the testator\u2019s estate. 343. Where an annuity is given and no fund is charged with its payment Pied ige teaser \u2018or (OF appropriated by the will appropriated to annui- to answer it, a Government ty. annuity of the specified amount shall be purchased, or, if no such annuity can be obtained, then a sum sufficient to produce the annuity shall be invested for that purpose in securities of the kind mentioned in section 341. 344, Where a bequest indenting the exoiue ; tor or administrator is no legate of eral bound to invest the amount bequest. of the legacy, but may transfer the whole residue of the estate to the residuary legatee, if any, on his giving sufficient security for the payment of the legacy if it shall become due. 345. (1) Where the testator has bequeathed the residue of his estate to o person for life without any direction to invest it in any vest in particular secu- particular securities, 30 much nites thereof as is not at the time of the testator\u2019s decease invested in securities of \u201cthe kind mentioned in section 311 shall be con- verted into money and invested in such sccurities. \u2014 (2) This section shall not apply if the deceased wasa Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Investment of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "341", "domain": "inheritance", "chunk_id": "The Indian Successio_c220"}}
{"text": "such sccurities. \u2014 (2) This section shall not apply if the deceased wasa Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Investment of reai- due bequeathed for life, without direction to in- IVa 118 THE GAZETTE OF INDIA, OCTOBER 10, 1926. [ P. ART ly 346. Where the testator has bequeathed the Investment of residue residue of his eee to a bequeathed for life, with person for life with a di- direction to invest in speci- yeetion that it shall be in- aibdiersitsliea, vested in certain specified secuiiiies, so much of the estate as is not at the time of his death invested in securities of the speci- fied kind shall be converted into money and invested in such securities. 347, Such conversion and investment as are contemplated by sections Timo and manner of 345 and 346 shall be made conversion and investment. at such times and in such manner as the executor or administrator thinks fit; and, until such conversion and investment are completed, the person who would be for the time being entitled to the income of the fund when 80 invested shall reccive interest at the rate of four per cent. per annum upon the market-value (to be computed as at the date of the testator\u2019s death) of such part of the fund as has not been so invested : Provided that the rate of interest prior to com- pletion of investment shall be six per cent. per annum when the testator was a Hindu,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c221"}}
{"text": "Provided that the rate of interest prior to com- pletion of investment shall be six per cent. per annum when the testator was a Hindu, Muham- madan, Buddhist, Sikh or Jaina or an exempted person. 348, (7) Where, by the terms of a bequest, the re legatee is entitled to the entitled to immediate pay- Mmamediate payment or meat or ssession iat i possession of the money or quest, and no direction i i direction in the will to pay it to any person on his behalf, the executor or administrator shall pay or deliver the same into the Court of the District Judge, by whom or by whose District Delegate the probate was, or letters of administration with the will annexed were, granted, to the account of the legatee, unless the legatee is a ward of the Court of Wardsr ae eee Saar a ward of the Court of Arcs, the legacy shall be paid to the Court of Wards to his account, uve (3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid. (4) Money when paid in under this section shall be invested in the purchase of Government securi- ties, which, with the interest thereon, shall be transferred or paid to the person entitled thereto or otherwise applied for his benefit, as the Judge . the Court of Wards, as the case may be, may irect.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c222"}}
{"text": "the person entitled thereto or otherwise applied for his benefit, as the Judge . the Court of Wards, as the case may be, may irect. CHAPTER XI. OF THE PRopuce anp InTEREsT or Lecacis 349. The legatee of a Specific legacy is entitled tothe clear produce there- Legateo\u2019s title to at a : ret re produce had any, _ the tes. rT . Exceplion\u2014A specific be i quest, cont I its terms, does not comprise the feodues of tia legacy between the death of the testator and th vesting of the legacy, ie t forms part of the residue of the testator\u2019s estute dltustrations. \u2018) A bequeaths his flock of sheep to B. Betweo on and delivery by his\u2019 executor the sheep ato ote death some of the ewes produce lambs. The woo] and lambs Fi \u2122 or property of B. Te the ii) A bequeaths his Government securitios to Se the belresey of them tillthe death of \u00a2 Trout ieee which falls due between the death of A ond the death a belongs to B, and must, unless ho is o minor, be Paid tof as it is received. mn iti) Tho testator bequeaths all his four per cent, ne promissory notes to A when he shall complete tnaovern. 18. A, if ho completes that age, is entitled to Teceive the notes, but the interest which acgrucs in respect of the? between tho testator\u2019s death and .A\u2019s completing 18 ion part of tho residue, \u2122 form 350..The legatee under", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c223"}}
{"text": "interest which acgrucs in respect of the? between tho testator\u2019s death and .A\u2019s completing 18 ion part of tho residue, \u2122 form 350..The legatee under a general residunry ; ; bequest is entitled to the Residuary \u2014_legateo\u2019s produce of the resid title to produce of re- saints ia fund from the testator\u2019; death. Exception.\u2014A general residuary bequest con. tingent in its terms does not comprise the income which may accrue upon the fund bequeathed between the death of the testator and the Vesting of the legacy, Such income goes as undisposed of, \u2018 Illustrations, (t) The testator bequeaths the residue of his property to 4, a minor, to be paid to him when he shall complete the age of 18, The income from the testator\u2019s death belongs to A, (ii) The testator bequeaths the residue of his property to A when he shall complete tho age of 18. A, if he completes that age, is entitled to receive the residue. The incomo which has accrued in respect of it since tho testator's death Goes as undisposed of, 351, Where no time has been fixed for the Interest when no Payment ofa general legacy, time fixed for payment interest begins to run from of general legacy. expiration of one year from the testator\u2019s death. Lzeeption \u2014(1) Where the legacy is bequeath: cd in satisfaction of a debt, interest runs from the death of the testator. (2) Where the testator was a parent or a more remote ancestor of the legatee, or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c224"}}
{"text": "debt, interest runs from the death of the testator. (2) Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee, the legacy shall bear interest from the death of th\u00e9 testator. (3) Where a sum is bequeathed to a minor with a direction to pay for his maintenance out of it, taterest is payable from the death of the testator. 352. Where o time has been fixed for the pay- ment of a general legacy, aon when time interest begins torun from _ the time so fixed. The in- terest up to such time forms part of the residue of the testator\u2019s estate, Exception \u2014Where the testator was a parent or & more remote ancestor of the legatee, or hss put himself in the place of a parent of the legatee and the legatee is a minor, the legacy shall beat interest from the death of the testator, unless 4 specific sum is given by the will for maintenance or untess the will contains a direction to the contrary. 358. The rate of interest shall be four per cent per annum in all cases * ; cept when the testator W4 a Hindu, Muhammadan, Buddhist, Sikh or Jains or an exempted person, in which case it shall be ai per cent. per annum. Rate of interest, THE GAZETTE OF INDIA, OCTOBER 10, 1995. 119 pot) = No interest is payable on the arrears", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c225"}}
{"text": "ai per cent. per annum. Rate of interest, THE GAZETTE OF INDIA, OCTOBER 10, 1995. 119 pot) = No interest is payable on the arrears of 364: an annuity within the first = - year from the death of the testator, although a period eatlier than the expiration may have been fixed by the will for ity W 1 af \u2018 eth. ( aoe Ne first payment of the annuity. oO a sum of money is directed to be 355, Where invested to produce an an- terest on sum tO be nuity, interest is payable on Ip vacested t\u00a9 produco = it from the death of the spall testator. CHAPTER XII. Or rae REFUNDING or Lecactizs. 356. When an executor or administrator has paid a legacy under the order of a Court, he is ! entitled to call upor the fecatee to refund in the event of the assets prov- ing insufficient to pay all the legacies, 357. When an executor or administrator has volantarily paid a legacy, he cannot call upon a legatee to refund in the event of the asets proving insufficient to pay all the legacies. 358. When the time prescribed by the will ' for the performance of a condition has elapsed, with- out the condition having been performed, snd the executor or administrator ; has thereupon, without fraud, distributed the assets ; in such case, if further tme has been allowed under section 137 for the Peformance of the condition, and the condition bas been", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "137", "domain": "inheritance", "chunk_id": "The Indian Successio_c226"}}
{"text": "assets ; in such case, if further tme has been allowed under section 137 for the Peformance of the condition, and the condition bas been performed accordingly, the legacy \u2018aunot be claimed from the executor or adminis- Nator, but those to whom he has paid it are liable to refund the amount, ; ee fund of legacy pat es Court\u2019s orders. Xo refund if paid roluntarily., l Refund whe legacy has Lecome duo on per- formanea of condition vithin further time al- loved undersection 137, ane. When the executor or administrator has en each legatee Paid away the assets in inp, \u00a9 tefund legacies, and he is after- 4 debt of wht wards obliged to discharge aatitled te he had no previous notice, he is Proportion. call upon each legatee to refund in 3 80. Where an executor or administrator has Distribution of given such notices as the Sener] ool assets. High Court may, by any en m we Prescribe or, if no such rule has nice, 28 the High Court would give in an tion-suit, for creditors and others to \u2018end . of the to him their c'aims against the estate tion of yp \u201c2Sed, he shall, at the expira- tims jo. u2e therein named for sending in ay | \u00a9 at liberty to distribute the assets, or \u201ci ane thereof, in discharge of such lawful te nist, knows of, and stall not be liable for \u201cim he cha distributed to any person of whose \u201cUch distribue not have", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "137", "domain": "inheritance", "chunk_id": "The Indian Successio_c227"}}
{"text": "such lawful te nist, knows of, and stall not be liable for \u201cim he cha distributed to any person of whose \u201cUch distribue not have had notice at the time of * Ution * \u201cunder ecction 381, cannot Provided that nothing herein contained shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, in the hands of the persons who may have received the same respectively, 361. A creditor who has not received pay- ment of his debt may call upon a legatee who has , received payment of his legacy to refund, whether the assets of the tes- tator\u2019s estate were or were not sufficient at the time of his death to pay both debts and legacies ; and whether the payment of the legacy by the executor or administrator was voluntary or not. Creditor May call upon legates to refund. \u00ab \u00bb 362. If the assets were sufficient to satisfy all the legacies at the time of the testator\u2019s death, a lega- tee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient: by the wasting of the executor. \u00ab 363. If the assets were not sufficient to satisfy all the legacies-at the time of the testator\u2019s death, a legatce who has not receiv-", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "361", "domain": "inheritance", "chunk_id": "The Indian Successio_c228"}}
{"text": "\u00ab 363. If the assets were not sufficient to satisfy all the legacies-at the time of the testator\u2019s death, a legatce who has not receiv- ed payment of his legacy must, before he can call ona satisfied legatee to refund, first proceed against the executor or admin- istrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied leghteo to refund in proportion. _ 364. The refunding of one legatee to another Limit to refunding of shall not exceed the sum ono logateo to another. by which the satisfied legacy ought to have been reduced if the estate had been properly administered. When legatee, not satis- fied or compelled to refund oblige ono paid in full to refund. When unsatisfied legatco must first proceed against executor, if solvent, Illustration. thod 240 rupocs to B, 480 rupoes to C, and 720 rupoesto De The assets aro only 1,200 rupees and, if properly administered, would givo 200 rupees to B, 400 rupees to C, and G00 rupees to D. Cand D havo been paid their legacies in full, leaving nothing to B. Bean obligo C to refund 80 rupees, and D to refund 120 rupees. 365. The refunding shall in all cases be withou$ Refunding to bo without terest. interest. 366. The surplus or residue of the deceased\u2019s property, after payment Residuo after usual pay- of debts and legacies, shall ment Ki paid to resi: be paid to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c229"}}
{"text": "or residue of the deceased\u2019s property, after payment Residuo after usual pay- of debts and legacies, shall ment Ki paid to resi: be paid to the residuary cay eee legatee when any has been appointed by the will. 367. Where a person not having his domicile in British India has died leaving assets both in British India i aed or British 'ndia and in the administrator in foun tryin which he had icilo for distribution. COUDTrY In Winch he \u2014_ his domicile at the time of his death, and there hasbeen a grant of probate or IVa2 Transfer of xesoty from 120 THE GAZETTE OF INDIA, OCTOBER 10, 1925. - kb -_\u2014-\u2014 Se ( Parr jy 2 ee letters of administration in British dnl eg respect to the assets there and a grant ae ministration in the country of domicile wi ) es pect to the asscts in that country, the ari i, administrator, as the case may be, in British fn in after having given such notices as are mee in section 360, and after having discharged, at t ne expiration of the time therein named, such alae claims as he knows of, may, instead of himsel distributing any surplus or residue of the deceased\u2019 8 property to persons residing out of British India who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons. CHAPTER", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "360", "domain": "inheritance", "chunk_id": "The Indian Successio_c230"}}
{"text": "executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons. CHAPTER XIII. OF THE LiaBILITY OF AN EXECUTOR OR ADMINIS- TRATOR FOR DEVASTATION. 368. When an executor or administrator mis- Liability of oxecutor or &pPplies the estate of the administrator for devasta. deceased, or subjects it to tion. loss or damage, he is liable _ to make good the loss or damage s0 occasioned. Illustrations. (i) The executor pays out of the estate an unfounded claim. Ho is liable to make good the loss. . (fi) The deceased had a valuablo leage Tenowable by notice which the executor neglects to give at the Proper time. Tho executor is liable to mako good the loss, (iff) The deceased had n lease of Jess value than the ront yable for it, but terminablo on notice at a particular time, he exceutor neglects to give thenotice. Ho is liablo to make good the Joss, 869, When an executor or administrator occa- Liability of oxceutor or sions a Joss to the estate administrator for neglect Y neglecting to get in any eoreet. im ny part of part of the Property of the proporty. deceased, he js li 1 make good the amount. ome IQustrations, deceased from a solvent person, or com ds wi who is able to pay in full. The exocutor a liable ms per (ii) Thu executor Roglecta to suo f i able to plead that the claim", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c231"}}
{"text": "able to pay in full. The exocutor a liable ms per (ii) Thu executor Roglecta to suo f i able to plead that the claim is barred by Heimat, abt the debt is th - make good (eon the estate. The executoris liable to \u2014\u2014\u2014___, PART x. Succession CERTIFICATES, 370. (7) A Succession certificate (hereinafter Restriction In this Part referred to ag ! on i certificates under this Pant . ee) shall me or be matted under this Part P he Vit resnect to an or Fecurity to which a right is required by Me 212 or section 213 to b . administration or probate = raised by letters of Provided that nothing contained in this Beet; shall be deemed to prevent the grant of a contig es to any person claiming to be entitled to the offe of a deceased Indian Christian, or to any cts thereof, with respect to any debt or security. y reason that a right thereto can be establish: f letters of administration under this Act. v ' (2) For the purposes of this Part, \u00ab security \u00bb means\u2014 (a) any promissory note, debenture, stock op other security of the Government af India or of a Local Government ; (6) any hond, debenture, or annuity charged by Act of Parliament on the revenues of India ; (c) any stock or debenture of, or share a company or other incorporated insti. tution ; (d) any debenture or other Security for money issued by, or on behalf", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "213", "domain": "inheritance", "chunk_id": "The Indian Successio_c232"}}
{"text": "debenture of, or share a company or other incorporated insti. tution ; (d) any debenture or other Security for money issued by, or on behalf of, a local: autho- rity ; . (e) any other security which the Governor General in Council may, by notification in the Gazette of India, declare to he a security for the purposes of this Part, 371. The District Judge within whose jurisdic tion the deceased ordi- _ Court having jurisdic. narily resided at the time ' tion to grant certificate, Of ls-den th, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the \" property of the deceased may be found, may grant & certificate under this Part. 372. (7) Application for such a certificate shall Application for certifi be made to the District cato. Judge by a petition signed and verified by or on behalf of the applicant inthe \u2014 manner prescribed by the Code of Civil Procedure, rd 1908, for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely :\u2014 (a) the time of the death of the deceased ; (6) the ordinary residence of the deceased at the time of his death and, if such resi- | dence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c233"}}
{"text": "local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the family or other near relatives of the deceased and their respective residences; (2) the right in which the petitioner claims; (e) the absence of any impediment under sec tion 370 or under any other provision this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted ; and (f) the debts and securities in respect of which the certificate js applied for. (2) If the petition contains any averment which tho person verifying it knows or believes to b\u00ae - false, or does not believe to be true, that pets?\u201d shall be deemed to have committed an offence under section 198 of the Indian Penal Code. } | it My fs THE GAZETTE OF INDIA, OCTOBER 10, 1925, 121 oot \u2014\u2014\u2014 , a nae District Judge is satisfied that g13. tica- there is ground for entertain- posrau0 OP apP ing the application, he shall U2 | sop the heating thereof and cause notice 8 iy ation and of the day fixed for the the ad to be served on any person to whom, in\u2019 (a) the opinion of the Judge, special notice of the application should be given, and be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "198", "domain": "inheritance", "chunk_id": "The Indian Successio_c234"}}
{"text": "posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, god upon theday fixed, or as soon thereafter as may be practicable, shall proceed to decide in a qumary manner the right to the certificate. (b) to (2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make wn order for the grant of the certificate to him. (3) If the Judge cannot decide the right to the certificate without determining questions of hw or fact which seem to him: to be too intricate aul difficult for determination in a summary pro- ceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person hav- ing prima facie the best title thereto. () When there are more applicants than one lor certificate, and it appears to the J udge that tore than one of such applicants are interested in the estate of the deceased, the Judge may, in dei \u00a5@ regard to the extent of interest and the ites in other respects of the applicants, 874. When the District Judge grants a certi- Contents of corti ficate, he shall therein specify lerth \u00b0 sereeates the debts and securities set thereby the application for the certificate, and may Y empower the person to whom the certi- tate is granted \u2014 (0) to receive interest or dividends. on,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "N/A", "domain": "inheritance", "chunk_id": "The Indian Successio_c235"}}
{"text": "application for the certificate, and may Y empower the person to whom the certi- tate is granted \u2014 (0) to receive interest or dividends. on, or () to negotiate or transfer, or () both to receive interest or dividends & \u00b0n, and to negotiate or transfer, * Secutities or any of them. 875, , ; (2) The District Judge shall in any case afin of secu, L2 Which he proposes \u2018to eg gTantee ee proceed under sub-section (3) ; or sub-section (\u00a3) of section 8, reg yi; 373, and may, in any other Rota 858 condition precedent to the grant- | Beg 7 cate, that the personto whom he pro- to 2 wend wi ake the grant shall give to the Judge > SUhcie or \u2018More surety or sureties, or \u201cdebts a qe Security, for rendering an account Neon itd securities received by him and for hile or ia Pez-ons who may be entitled to the | \u00a5 part of those debts and securities. ding to whom the certificate is to be granted, \u2014 (2) The Judge may, on a licati petition and on ae slows 5 his. eatisheasiee and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue, thereon - in his own name as if it had been originall given to him instead of to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "8", "domain": "inheritance", "chunk_id": "The Indian Successio_c236"}}
{"text": "shall thereupon be entitled to sue, thereon - in his own name as if it had been originall given to him instead of to the Judge of the Uourt, and to recover, as trustee for all persons interested, such amount as may be recoverable there- under. 376. (1) A District Judge may, on the applica- tion of the holder of a certifi- P erie of certi- cate under this Part, extend a the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as \u2018if the debt or security to which the certificate 1s extended had been originally specified there- in. (2) Upon the extension of a certificate, powers with respect to the receiving of interest or divi- dends on, or the negotiation or transfer of, any security to which the certificate has been extend- ed may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate. 377. Certificates shall be granted and exten- . sions of certificates shall be Forms of certificate made, as nearly as circum- a extended certifi: stances admit, in the forms set forth in Schedule VII, 378. Wherea District Judge has not con- ferred on the holder of a P eee sent of hae certificate any power with cate in respect =O respect to a security specified powers as to securities. tn rhe", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "375", "domain": "inheritance", "chunk_id": "The Indian Successio_c237"}}
{"text": "a P eee sent of hae certificate any power with cate in respect =O respect to a security specified powers as to securities. tn rhe sertiteat, i has only empowered him to receive interest or divi- dends on, or to negotiate or transfer, the security, the Judge may, on application made by petition and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers. 379. (1) Every application for a certificate or for the extension of a certi- Modo of collecting ficate shall be accompanied Court-fees on certifi: by 9 deposit of a sum equal cates. to the fee payable under the Court-fees Act, 1870, in respect of the certificate or extension applied for. (2) If the application is allowed, the sum de- posited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid. (3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it. 380. A certificate under this Part shall have : feutz effect throhghout the whole sen eet erent Of British India. VII of 1870. 122 THE GAZETTE OF INDIA, OCTOBER 10, 1926. j ovisions of this Part, the oe \u2014\u2014 P ertificate of the District Bilect of certifieate. Judge shall, with respect to the debts and securities", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "374", "domain": "inheritance", "chunk_id": "The Indian Successio_c238"}}
{"text": "j ovisions of this Part, the oe \u2014\u2014 P ertificate of the District Bilect of certifieate. Judge shall, with respect to the debts and securities specified lt pe conclusive as against the persons owing suc ; oe or liable on such securities, and shall, no et standing any contravention of section 370, or other defect, afford full indemnity to all such persons as lings had, in regards all payments made, or dealings had, ea faith in respect of such debts or securities to or with the person to whom the certificate was granted. 382. Where a certificate in the form, as nearly siento US citcumstances admit, rant fc ssteeded dy of Schedule VIII has been British ropresentative in \u2018granted toa resident with- Fonign State: in a Foreign State by the British representative accredited to the State, or where \u00a2 certificate so granted has been extended in such form by such representative, the certificate shall, when stamped in accordance with the provi- Vil of 1870. sions of the Court-fees Act, 1870, with respect to V of 190s, certificates under this Part, have the same effect in British India as a certificate granted or extended under this Part, 383. A certificate granted under this Part may Revocation of certifi. be revoked for any of cate: the following causes, namely ;\u2014 (a) that the proceedings to obtain the certi- ficate were defective in substance ; (6) that the certificate was obtained fraudu- Jently by the making of a false suggestion, or by the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "370", "domain": "inheritance", "chunk_id": "The Indian Successio_c239"}}
{"text": "certi- ficate were defective in substance ; (6) that the certificate was obtained fraudu- Jently by the making of a false suggestion, or by the concealment from the Court of something material to the case ; (c) that the certificate was obtained by means of an untrue allegation of a fact essential In point of Jaw to justify the grant there- of, though such allegation was made in ignorance or inadvertently ; (d) that the certificate has become useless and moperative through circumstances ; (e) that a decree or order made by a com- petent Court in a suit or other proceeding with Tespect to effects comprising debts Or securities specified in the certificate tenders it proper that the certifi should be aeeied. _\u2014o 384. (1) Subject to the other provisions of this Part, an appeal sh Il Donal , 40 appeal sha me ._., ~ lie to the High Cont om an order of a District Judge granting, refusing or Tevoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declar th : oats toni \u20ac the person to whom the certifi- (2) An appeal under sub-sectio ppe ; n (J preferred within the time allowed fo re ca under the Coda of Civil Procedure, 1908. al ision by the High Court and as 4,,,. jadgment \u201cof the Code of Civil Procedure, 172! as applied by section 141 of that Code, an on of a District Judge under", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "141", "domain": "inheritance", "chunk_id": "The Indian Successio_c240"}}
{"text": "as 4,,,. jadgment \u201cof the Code of Civil Procedure, 172! as applied by section 141 of that Code, an on of a District Judge under this Pay chal ie final. Q 385. Save as provided by this Act, a certs ' granted thereunder Tttate Eflect_on certificate Pect of any of the offer, af of previous certificate, a deceased Person shal} be probato or lettors of invalid if there has administration. : previous grant of such certificate or of Probate o letters of administration in respect of the estate of the deceased person and if such previous. grant js in force. 386. Where a certificate under this Part has ; been superzeded or is invalid Validation of certain by reason of the certificat payments made in good having been revoked under faith to holder of in- section 383, or by reason of valid certificate. ; tia, ; the grant of a certificate to a person named in an pellate order under section 384, or by reason of 5 certificate having been previously granted or for any other cause, all payments made, or dealings had, as regards debts and securitig specified in the superseded or invalid certificate, to or with the holder of that certificate in ignorance of its supersession or invalidity, shall be held good against claims under any other certificate. 387. No decision Effect of decisions under this Act, and lin. bility of holdor of certj. ficate thereunder, under this Part upon any question of right between any parties shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "141", "domain": "inheritance", "chunk_id": "The Indian Successio_c241"}}
{"text": "decisions under this Act, and lin. bility of holdor of certj. ficate thereunder, under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, t0 account therefor to the person lawfully entitled thereto. 388. (1) The Local Government may, by te Investituro of inferjor fication in the local par ue Mey dpesadiction Gazette, Invest any me Co) ist rj rtf i IOV] istic purposes of this. re \u00b0F inferior in gr acone i the functions of a District Judge under this P a. (2) Any inferior Court so invested shall, witha the local limits of its jurisdiction, have cont\" ent jurisdiction with the District Judge in the exercise of all the powers conferred by this Pot upon the District Judge, and the provisions this Part relating to the District J. udge shall ap Py to such an inferior Court as if it were a Distt Judge : Provided that an appeal from any such ae of an inferior Court as is mentioned in sub-secl\u2122 (1) of section 384 shall lie to the District Judge and uot to the High Court, and that the Dist\" Judge may if he thinks fit, by", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "384", "domain": "inheritance", "chunk_id": "The Indian Successio_c242"}}
{"text": "section 384 shall lie to the District Judge and uot to the High Court, and that the Dist\" Judge may if he thinks fit, by his order 02 o appeal, make any such declaration and directi as that sub-section authorises the High make by its order on an order \u00a7 District Judge. Sebastes Judge with power to exerch? f NV og fro\u201d ie | pst IV] , PHE GAZETTE OF INDIA, OCTOBER 10, 1925, \u00b0 District Judge on an appeal () An order Ot inferior Court under the last an a ction shall, subject to the pro- forego a eference to and revision by the High id id as to review of judgment of the Code ps f er procedure, 1908, as applied by section 141 it Code, be final. istrict Judge may withdraw any uy The aise this Part Sor an iferiae Court pte er himself dispose of them or trang- and OY 7 another such Court established within fer niet limits of the jurisdiction of the District : a d having authority to dispose of the nage \u00b0 preeedings . A notification under sub-section (7) may a any inferior Court specially or any class och Courts in any local area, ivil Court which for any of the pur- \u00a2) Geyenaceaent is subordinate to, or sub- jet to the control of, a District Judge shall for m purposes of this section be deemed to be a (out inferior in grade to a District Judge. 389. (1) When a certificate", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "384", "domain": "inheritance", "chunk_id": "The Indian Successio_c243"}}
{"text": "shall for m purposes of this section be deemed to be a (out inferior in grade to a District Judge. 389. (1) When a certificate under this Part has been superseded or is j Surender of superseded invalid from any of the cealminmaiaen causes mentioned in sec- tion 386, the holder thereof shall, on the requisi- tion of the Court which granted it, deliver it up to that Court, @) If he wilfully and without reasonable cause zits so to deliver it up, he shall be punishable with fine which may extend to one thousand np\u00e9s, o\u00a2 with imprisonment for a term which \u201ciy extend to three months, or with both. Se \u2014\u2014S ES 390, Notwithstanding any thing in Bombay Re- Provisions with respect gulation No. VII of 1827, to cortificates under Bom- the provisions of i0 a Regulation VIII of 7 Section 370, sub-section (2), section 372, sub-section (2), clause (f), and sections 374, 375, 376 S77, 378, 379, 381, 383, 384, 387, 388 and 389 with respect to certificates under\u2019 this Part and - -] 3 80 lar as they can b j respectively, to certificates granted under that Regulation, \u201cand applications made for certificates thereunder, after the Ist day of May, 1889, and to the exhibition of inventories and accounts by the holders of such certificates so granted. PART XI. MIScELLANEOUS, ; 391, Nothing in Part VIII, Part Ix or Part Saving, X shall \u2014 (t) validate any testamentary disposition which would otherwise have been in-. valid", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "370", "domain": "inheritance", "chunk_id": "The Indian Successio_c244"}}
{"text": "391, Nothing in Part VIII, Part Ix or Part Saving, X shall \u2014 (t) validate any testamentary disposition which would otherwise have been in-. valid ; (tt) invalidate any such disposition which would otherwise have been valid ; (itv) deprive any person of any right of main- tenance to which he would otherwise have been entitled ; or (iv) affect the Administrator General\u2019s Act, 1913. 392. The enactments mentioned in Schedule IX are hereby repealed to the Repcals, extent specified in the third column thereof, , THE GAZETTE OF INDIA, OCTOBER 10, 1925, [ Pan, ' 124 SCHEDULE I. (See section 28.) Table OF CONSANGUINITY. se Great Grandfather's , Father. Great Great Grandfather. Great | Grandfather. Great Uncle. e _ ny Father. Unele, Great Uncle's 80D. Tre Person wHose Re. LATI oe Brother. Cousin- rotates RECKONED, german, Cousin. NAS \u2014\u2014\u2014\u2014 Son. 5 on of tho Nephew. Cousin. a german. 1 | OAS = \u2014 Grandson Son of the Nephew Grandson | - Grandson, german. | a ee | my | Great | Grandson, F Lie 1925, 125 THE GAZETTE OF INDIA, OCTOBER 10; 1V] pst an PART I. (See section 55.) sisters, and the children or () pothess a0 such of them as shall have D peal rd the intestate. ete f grandfather and grandmother. 7s sons and daughters, and Tapes of such of them as have \u00bb ine aceased the intestate. \u2018) Great-grandfather and great-grandmother, ; ndfather\u2019s sons and daughters 0 otal descendants of such of them as have", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "28", "domain": "inheritance", "chunk_id": "The Indian Successio_c245"}}
{"text": "as have \u00bb ine aceased the intestate. \u2018) Great-grandfather and great-grandmother, ; ndfather\u2019s sons and daughters 0 otal descendants of such of them as have prdeceased the intestate. PART IL. (See section 56.) ( (1) Father and mother. ints of such of them as have predeceased the otestate. (3) Paternal grandfather and paternal grand- nother, (1) Children of the paternal grandfather, and lineal descendants of such of them as have frdeceased the intestate. ()) Paternal grandfather's father and mother. ()) Paternal grandfather\u2019s father\u2019s children icd the lineal descendants of such \u2018of them as have fedeceased the intestate. ay Brothers and sisters by the mother\u2019s side \u2018the lineal descendants of such of them as have \u201cdeceased the intestate. \u201cegy literal gtandfather and maternal grand- a lden of the maternal grandfather, and bed fal descendants of such of them as have *ttased the intestate, l 7 cums Widow, if she has not re-married at 1 tthe death of the intestate. l a tor | Brother 8 widow, if she has not re-married re the death of the intestate. (2 hy | Paternal grandfather's son\u2019s widow, if she \u201ci Lot ro. tate married at or before the death of the das ihe grandfather's son\u2019s widow, if \"t married at or before the death of dv dowers og intestate\u2019s deceased cine. have not re-married at or before the Intestate. \u00a2) Brothers and sisters and the lineal descend- = (15) Maternal gtandfather\u2019s father and mother. (16) Children of the maternal ' grandfather's father, and the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "56", "domain": "inheritance", "chunk_id": "The Indian Successio_c246"}}
{"text": "\u00a2) Brothers and sisters and the lineal descend- = (15) Maternal gtandfather\u2019s father and mother. (16) Children of the maternal ' grandfather's father, and the lineal descendants of such of them as have predeceased the intestate. (17) Paternal grandmother's father and mother. (18) Children of the paternal grandmother's father, and the lineal descendants of such of them &B luve predeceased the intestate, SCHEDULE III. (See section 57.) Provisions or Part VI APPLICABLE TO CERTAIN WILLS AND Copiciis DESCRIBED IN SECTION 57. Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 116, 116, 119, 126, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189 and 190. Restrictions and modifications in application of , foregoing sections. 1. Nothing therein contained shall authorise a testator to bequeath property which he could not have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "57", "domain": "inheritance", "chunk_id": "The Indian Successio_c247"}}
{"text": "alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not deprive them by will. 2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property any interest which he could not have oreated before the first day of September, 1870. 3. Nothing therein contained shall affect any law of adoption or intestate succession. 4. In applying section 70 the words \u201cthan by marriage or\u201d shall be omitted. 5. {n applying any of the following sections, namely, sections seventy-five, \u00b0 seventy-six, one hundred and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and four- teen, one hundred and fifteen, and one hundred and sixteen to such wills and codicils the words \u201c son,\u201d * sons,\u201d \u201cchild,\u201d and \u201c children\u2019 shall be deemed to include an adopted child ; and the word \u00ab srand-children \u201d shall be deemed to include the children, whether adopted or natural-born, of a child whether adopted or natural-Lorn ; and the expression \u201c daughter-in-Jaw \"shull be deemed to include the wife of an adopted son. Iva THE GAZETTE 0 5 INDIA, OCTOBER 10,1925. (Pang me re ee se ee = - SCHEDULE IV. [See section 27L (2).] Fors oF CERTIFICATE. f the J, A. B., Registrar (or as the case may be) 0 . . a t High Court of Judicature a \u201cty that on the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "70", "domain": "inheritance", "chunk_id": "The Indian Successio_c248"}}
{"text": "the J, A. B., Registrar (or as the case may be) 0 . . a t High Court of Judicature a \u201cty that on the ae haar = , the a or Court of Judicature at f the will ted probate of the as the ase may Oe) ation re the estate) of Or ate ot administss , deceased, t EE. of and G. H. of ; have) d that such probate (or letters) has (or affect at all tthe property of the deceased throughout the whole of British India. SCHEDULE V. [Sce section 284 (4).] ForM OF CAVEAT. | Let nothing be done in the matter of the estate of A. B., late of , decensed, who died on the day of at , without notice to C. D. of SCHEDULE VI. (See seclion 289.) Form oF PROBATE. I , Judge of the District of [or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate\u2019s jurisdiction) ], hereby make known that on the day of in the year , the last will of , late of , & copy whereof is hereunto annexed, was proved and registered before me, and that administration of the property and credits of the said deceased, and in any way concerning his will was granted to. \u00b0 , the executor in the said will named, he having undertaken to administer the same, and to make a full and true inventory of the said property and credits", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "284", "domain": "inheritance", "chunk_id": "The Indian Successio_c249"}}
{"text": "the said will named, he having undertaken to administer the same, and to make a full and true inventory of the said property and credits and exhibit the same in this Court within six months from the date of this grant or within such further time as the Court may, from time to time, appoint, and also to render to this Court a true account of the said property and credits within one year from the same date, or within such further time as the Court may, froin time to time, appoint. SCHEDULE VII. (See section 290.) Form or Letrers oF ADMINISTRATION. I, , Judge of the District of [or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate\u2019s jurisdic- tion)], hereby make known that on the day of __ letters of administration (with or with- out th: will annexed.as the case may be), of the Property and credits of late of d \u00bb deceased, were pranted to the father (or may be : asthe case of the deceased, he having undertaken i tiie ter the rame and to make a full and true inventory of the said property and credits and exhi . . \u2018 . bit e in this Court within six months the date of this grant or within such fur th as the Court may, from time to time are tite and also to render to this Court a true neeott the said property and credits Within on,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "290", "domain": "inheritance", "chunk_id": "The Indian Successio_c250"}}
{"text": "Court may, from time to time are tite and also to render to this Court a true neeott the said property and credits Within on, tor from the same date, or within such furth,, i as the Court may, from time to time, Appoint SCHEDULE VIII. (See section 377.) | CATE AND TixTr Forms OF CERTIFI a NDED Cramp, In the Court of To A. B. Whereas you applied on the day of for s certificate under Part X of the Indy Succession Act, 1925, in respect of the followig debts and securities, namely :\u2014 Debts. Amount of debt, | Doscriptig including date He a Serial Name of interest, on \u2018ment, if a number. | dobtor. dato of appli- by which th, cation for debtis | certificate. secured, Securitics. _ DESscRIPTION, Distin- Markot-valse \u00a2 Serial} guishing | Name, Amount | socunty ae num-! numbor | title or or par of applics \u2018 ber. | orletter | class of value of | for certife: of security. | security. security. | ve This certificate is accordingly granted we and empowers you to collect those celr ne [to receive] \u2018[interest] [dividends] [on] I trate) [10 transfer} [those securities]. Dated this day of pistriat 10 7 ; | THE GAZETTE OF INDIA, OCTOBER 10, 1995. 127 Im to a pat VJ In the Court of lication of A. B. made to me on the Op the oF P , I hereby extend this certi- a the following debts and securities, feate ane Debts. \u2014T", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "377", "domain": "inheritance", "chunk_id": "The Indian Successio_c251"}}
{"text": "made to me on the Op the oF P , I hereby extend this certi- a the following debts and securities, feate ane Debts. \u2014T Amount of dobt, | Doscription and including date of instru- -of interest, on ment, if any, Serial | Namo \u00b0 dato of appli- by which the garaber- debtor cation for dobt is extension, secured, | \u2014_\u2014 | | i Securities. DescRIPTION. Distin- Markot-value of Serial! guishing | Namo, | Amount | security on date tum} number | titloor | or par of application bet. i orlettor | classof | valuoof | for extension, ae security. | security. security. | ! ! \u2014 \\ t Dateg this day of sin *xtension empowers A. B. to collect those [to receive] [interest] [dividends] \u20acgotiate] [to transfer] [those securitics]. District Judge. SCHEDULE Ix. (See section 392.) ENAcTMENTS REPEALED, XXXVOI_ of 19120. The Devolution Act, 1920. L \u2019 Number You, Short title. Extent of repeal, XIX of 1841 - aii Succession | So much as has not als roporty Pro-| ready beon tection) Act, q soponleids 1841. ; Xof1865 + | The Indian ord So much os bas not al. cegsion ct, | Teady be 1865, y been repealed. XXI of 1865 - | Tho Parsi Intes. Tho whole Act, , tute Succession act, 1865, XXI of 1870 - | Tho Hindu Wills | So much as has not al- Act, 1870. ready been repealed. ITT of 1874 The Married | The last paragraph of Woman's Pro. | section 2,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "392", "domain": "inheritance", "chunk_id": "The Indian Successio_c252"}}
{"text": "much as has not al- Act, 1870. ready been repealed. ITT of 1874 The Married | The last paragraph of Woman's Pro. | section 2, perty Act, 1874. Vof1881 + |The Probateand | So much og has not al- Administration | ready beon repealed. Act, 1881. ? VI of 1881 + | The District De. ; The whole Act. legates Act, 1881. VI of 1889 The Probate and! So much og has not al- Administration | ready been repealed. Act, 1889. VIL of 1889 -| The Succession| So niuch os is unre- Certificate Act, ; pealed, except sec- 1889. tion 13. Tlof 1890 + |The Probate and | So much as has not al- Administration | ready been repealed, Act, 1890. VIL of 1901 - | The Native Chris-| So much os has not al- tian Adminis-| ready been repealed. tratian of Es- tates Act, 1901. VIII of 1903 The Probate and | So much as has not al- Administration |} ready been repealed. Act, 1903. c The Repealin So much of Schedule a and Meccnilibe I as refers to Act X Act, 1019. of 1805 or toAct V of 1881. So much of Schedule 1] asrefers to Act X of 18650r to Act V of 1881. Sccy. to L. GRAHAM, the Govt. of India.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Indian_Succession_Act_1925.pdf", "act_name": "The Indian Succession Act 1925", "year": "1925", "section": "2", "domain": "inheritance", "chunk_id": "The Indian Successio_c253"}}
{"text": "1:55e Avc4434.c. REGISTERED No. M 3\u00b02 L.-764 6 1,-f? EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, FRIDAY, FEBRUARY 14,2020 PART I Acts, Ordinances, President's Orders and Regulations SENATE SECRETARIAT Islamabad, the 13th February, 2020 No. F. 9(9)2020-Legis.-The following Act of Majlis -e-Shoora (Parliament) received the assent of the President on 1 lth February, 2020 and is hereby published for general information:- ACT No. VI OF 2020 An Act to provide for an efficacious and speedy mechanism for issuance of Letters ofAdministration and Succession Certificates. WHEREAS it is expedient to provide for an efficacidus and speedy mechanism for facilitating issua nce of Letters of Administration.and succession certificates, aimed at curtailing fraud and forgery; It is hereby enacted as follows:- 1. Short title, extent and commencem ent.-This Act may be called the Letters of Administration and Succession Certificates Act, 2020. (57) Price : Rs. 10.00 5163 (2020)/Lx. Ciaz\u2022I 58 THE GAZETTE OF PAKISTAN, EXTRA., FEBRUARY 14. 2020 [PART 1 (2) It shall extend to the whole of Islamabad C apital Territory. (3) This Act or any part thereof shall come int o force on su ch dates as the Government may, by notification in the official Gazette, appoint. 2. Definitions.-In this Act, unless there is anything repugnant in the subject or context, - (a) \"Authority\" m eans the National Database and Registration Authority established under section 3 of the Ordinance; (b) \"factual controversy\" includes an objection by legal heirs or by any claimant of legal heirship, any dispute which may arise in establishing the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Letters_of_Administration_and_Succession_Certificates_Act_2020.pdf", "act_name": "The Letters of Administration and Succession Certificates Act 2020", "year": "2020", "section": "3", "domain": "inheritance", "chunk_id": "The Letters of Admin_c0"}}
{"text": "Ordinance; (b) \"factual controversy\" includes an objection by legal heirs or by any claimant of legal heirship, any dispute which may arise in establishing the identity of legal heirs which is not resolvable by the Authority or any situation, matter or event requiring adjudication or recording of evidence or wher e at least one of the legal heirs is a minor; (c) \"Government\" means the.Federal Government; (d) \"legal heir\" means a person who has entitlement to a share in the property of the deceased; (e) \"Ordinance\" means National Database and Registration Authority Ordinance, 2000 (VIII of 2000); (f) \"prescribed\" means prescribed by rules; and (g) \"rules\" means the rules made under this Act. 3. Issuance of Let ters of Administration or Succession certilicates.-Notwithstanding anything contained in any other law for the time being in force, the Authority may issue Letters' of Administration or Succession Certificates, as the case may be, to the legal heirs of a deceased in respect of immovable .or movable property, in accordance with the Family Registration Certificate maintained by the Authority. 4. Establishment of Succession Facilitation Unit. -(1) The Authority shall establish a Succession Facilitation Unit for the purpose of receipt, processing and assessment. of applications for grant of Letters of Administration and Succession Certificates. (2) For the purpose of sub -section ( I ), the Authority may notify and of its existing offices as Succession Facilitation Unit, at such place or places as it may deem appropriate. t* Irv:\" j Loco t)A.eti u-Ayf eto\" 64.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Letters_of_Administration_and_Succession_Certificates_Act_2020.pdf", "act_name": "The Letters of Administration and Succession Certificates Act 2020", "year": "2020", "section": "N/A", "domain": "inheritance", "chunk_id": "The Letters of Admin_c1"}}
{"text": "its existing offices as Succession Facilitation Unit, at such place or places as it may deem appropriate. t* Irv:\" j Loco t)A.eti u-Ayf eto\" 64. 01; etott ccCowtiv. Qk -1,5I eidri ce4\" we.), 1,/.7 lAae) OAA:4ticuuica__ .t4\u20ac- 12- PART 1] THE GAZETTE OF PAKISTAN, EXTRA., FEBRUARY 14, 2020 59 (3) The Authority may, from time to time, appoint officers, staff, experts, consultants, advisers and other employees, on such terms and conditions as it may deem fit, for the purpose of carrying functions under this Act. 5. Functions of the Succession Facilitation Succession Facilitation Unit shall perform the following functions, namely:---- (a) receive applications for grant of Letters of Administration and Succession Certificates, as the case may be, from legal heirs of the deceased; (b) process and assess the applications by way of a summary enquiry as prescribed, and in case of any factual controversy amongst the legal heirs decline to assess the applications for filing afresh before the appropriate forum in accordance with the provisions of the Succession Act, 1925 (XXXIX of 1925) or any other applicable law; (c) maintain an online portal providing for updated record of the Letters of Administration and Succession Certificates issued under this Act; and (d) discharge or perform such functions as are incidental, ancillary or necessary for carrying out the purposes of this Act. 6. Application fOr Letters of Administration or Succession Certificates.-{1) An application for grant of Letter of Administration or Succession Certificate, as the case may be, shall be made to the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Letters_of_Administration_and_Succession_Certificates_Act_2020.pdf", "act_name": "The Letters of Administration and Succession Certificates Act 2020", "year": "2020", "section": "N/A", "domain": "inheritance", "chunk_id": "The Letters of Admin_c2"}}
{"text": "Administration or Succession Certificates.-{1) An application for grant of Letter of Administration or Succession Certificate, as the case may be, shall be made to the Authority by the legal heirs: Provided that legal heirs may also authorize in the prescribed form, one amongst themselves, to act on behalf of all other legal heirs, for the purpose of fi ling an application under this Act. (2) An application may be filed in the notified office of the Authority within whose jurisdiction the deceased ordinarily resided at the time of his death, or within whose jurisdiction any property or asset of the deceased is located. (3) The following documents shall be appended along -with the application. - (a) death certificate of the deceased; (b) list of the legal heirs and copies of their national identity cards; (c) an authorization in the prescribed form 1w the lev,a1 heirs in favour of the applicant as provided in proviso to sub -section (1); and 60 THE GAZETTE OF PAKISTAN, EXTRA.. FEBRUARY 14, 2020 [PART I (d) details of immovable and movable property in respect of which the Letter of Administration or Succession Certificate is applied for. (4) Upon receipt of the application, a notice to the general public shall be published on a web portal to be maintained by the Authority and in one English language and one Urdu language daily newspaper of wide circulation. (5) Where no objection or claim is received within fourteen days of the publication of notice, the Authority shall, in", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Letters_of_Administration_and_Succession_Certificates_Act_2020.pdf", "act_name": "The Letters of Administration and Succession Certificates Act 2020", "year": "2020", "section": "N/A", "domain": "inheritance", "chunk_id": "The Letters of Admin_c3"}}
{"text": "daily newspaper of wide circulation. (5) Where no objection or claim is received within fourteen days of the publication of notice, the Authority shall, in any of its notified office, obtain the bio-metric verification of the applicant and all the legal heirs: Provided that where bio -metrics of a legal heir is not verified, the Authority may require the legal heir to appear in person before the Authority on a date fixed by the Authority: Provided- further that the Authority may resort to any other modern device with a view to satisfying itself as to the identity of any legal heir. Explanation:-The bio-metric verification can be undertaken at any notified office within Pakistan or abroad. (6) Upon satisfactory compliance of the codal formalities mention ed in this section, the applicant shall appear before the Authority on a date fixed by it, whereafter the Authority shall issue the Letter of Administration or Succession Certificate, as the case may be, in favour of all ;legal heirs of deceased. with details of their respective shares as provided in the personal law of such legal heirs. (7) The Letters of Administration or Succession Certificates is sued under this Act shall have the same effect as if the same h ave been issued under the Succession Ac t, 1925 (XXXIX of 1925). 7. Forms of Letters of Administrat ion and Succession Certificates. -Letters of Administration and Succession Certificates shall be issued. as nearly as circumstances admit, in the forms prescribed by the Authority. 8. Objection", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Letters_of_Administration_and_Succession_Certificates_Act_2020.pdf", "act_name": "The Letters of Administration and Succession Certificates Act 2020", "year": "2020", "section": "N/A", "domain": "inheritance", "chunk_id": "The Letters of Admin_c4"}}
{"text": "Succession Certificates. -Letters of Administration and Succession Certificates shall be issued. as nearly as circumstances admit, in the forms prescribed by the Authority. 8. Objection to the Letters of 'Admini stration and Success ion Certificates.-Any person objecting to Letters of Ad ministration or Successi on Certificates. as the case may be. after the issuance of the Letters of Administration or Succession Certificates by the Authority, may see k remedies available under any other applicable law. 9. Fee and costs.-(1) The Authority may charge the prescribed fees or othet tium5 for its services under this Act including sums incurred on publication of public noticc. PART I] THE GAZETTE OF PAKISTAN, EXTRA., FEBRUARY 14. 2020 61 (2) The charges or sums received under sub -Section (I) shall be credited to the NADRA Fund established und er section 24 of the Ordinance. 10. Bar of jurisdiction. --No court shall exercise jurisdiction till such time the Aut hority declines to process applicat ion for issuance of the Letters of Administration or Succession Certificates by the Legal heirs. 11. Penalty, offences and trial. -The provisioris in relation to offences, penalties and trial mentioned in Chapter IX of the Ordinance shall apply mantis mutandis under this Act. 12. Act to override other laws.-The provisions of this Act shall have effect notwiths tanding anything co ntained in any other law for the time being in force. 13. Power to make rules. -The Government, may, by notification in the official Gazette, make rules to carry out the purposes of this Act. DR. AKHTAR NAZIR, Secretary. I<I,\u2018 I I I.: RI NH Dip fin. uANMil I< i VIM I yroNivoi R CUIII,ORA ICON VA KIS I AN SS Isl .\\\\1;11{\\l) ANolumis Rsi , I. 1, \\R", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Letters_of_Administration_and_Succession_Certificates_Act_2020.pdf", "act_name": "The Letters of Administration and Succession Certificates Act 2020", "year": "2020", "section": "24", "domain": "inheritance", "chunk_id": "The Letters of Admin_c5"}}
{"text": "i REGISTERED NO, S, 1^33 $b\u00a3 \u00a9a^tte of Pakistan EXTRAORDINARY PUBLISHED BY AUTHORITY hi*\u00bb 4M\u00bb\u2014\u0964 \u25a0 \u00bb Ji' H^I \u25a0 i \u25a0 \u2014\u2014 KARACHI, THURSDAY, MARCH 2, 1961 GOVERNMENT OF PAKISTAN MINISTRY OF LAW ORDINANCE No. VIII OF 1961 Rawalpindi, the 2nd March, 1961 ' AN ' ORDINANCE \u2019 to give effect to certain recommendations of the Commission on Marriage and Family Laws WHEREAS it, is expedient to-give effect to certain recommendations of the Commission on Marriage and Family Laws ; \"day of October, 1958, and in exercise of all powers enabling him in that -\u25a0'behalf,-the President is pleased to make and 'promulgate the following Ordinance:\u2014 1; Short title, extent, application and commencement\u2014(1) This Ordi\u00ad nance may be called the Muslim Family Laws Ordinance, 1961. (2) It extends to the whole of Pakistan, and applies to all Muslim \u2022 r citizens of Pakistan, wherever they may be. \u2019 (3) It shall come into force on such date as the Central Govern\u00ad this behalf. ' 2. Definitions.\u2014In this Ordinance\", unless there is anything repugnant in the subject or context,\u2014 ' (a) u Arbitration Council \u201d means a body consisting of the Chair\" . man of the Union Council and a representative of each of the parties to a matter dealt with in this Ordinance; ( \u00a293 c ) Price :Ps. 19 ' Now THEREFORE, in \" pursuance of the \u25a0 Proclamation of the seventh ment may, by notification in the official Gazette, appoint in 693 d,. W OF PAKIS'JAN, EXTRA., MARCH", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "N/A", "domain": "islamic", "chunk_id": "The Muslim Family La_c0"}}
{"text": "pursuance of the \u25a0 Proclamation of the seventh ment may, by notification in the official Gazette, appoint in 693 d,. W OF PAKIS'JAN, EXTRA., MARCH . fb) \u2018\u2018Chairman'\u2019 means the.Chairman of the uT^^^U U1SQ h (C) \u201c prescribed \u201d means .prescribed by rulesmade under (d) \u201c Union Council \u201d means, the Union Council .V601101111; . .(e) Town aanefineQ 3. Ordinance to override other laws, etc.\u2014(d) The provisions f (2) For the removal of \u25a0 doubt, it is' hereby declared that th visions of the Arbitration Act, 1940 (X of 1940), the Code of Civil pro~ cedure, 1908 (Act V of 1908), and any other law regulating the procednr' the propositus Delore the opening of succession, the children of such son or daughter, if any, living at the. ..time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive. t 5. Registration of marriages.\u2014(1) Every marriage solemnized, under Muslim. Law shall be registered in accordance, .with .the provisions of this \u25a0 Ordinance. (2) For the purpose of registration of marriages under, this Ordinance, . the Union Council shall.grant licences, to.-, one or jmore persons, to be called.Nikah Registrars, but in no case shall, more than one Nikah.Regis\u00ad trar be licensed for any one Ward. rl the person who has solemnized such marriage. (4) Whoever contravenes \u2022 the provisions of sub-section (3) shall be \u2022 three months', or with fine which may extend to", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "N/A", "domain": "islamic", "chunk_id": "The Muslim Family La_c1"}}
{"text": "has solemnized such marriage. (4) Whoever contravenes \u2022 the provisions of sub-section (3) shall be \u2022 three months', or with fine which may extend to one thousand rupees, or \u2022 \u25a0 Nikah Registrars; the records to be preserved by Union. Counci , manner m which marriages shall be registered and' copies of nikah na shall be supplied to .the parties, and the.fees to be .charged therefor, s \u2022 be such as may be prescribed. pect at the office of the Union Council the record preserved under section (5), or obtain a copy of any entry therein. person appointed by ..the. Central GovernmentCo^en ' . ^functions of .a Chairman under, this. Ordinance \u201c Ward \u201d means a. ward .within a .Union the aioresaid Order. \u2022 . (3) Every .marriage not. solemnized by the Nikah Registrar shaU, for the purpose of registration under this Ordinance, be reported to \u25a0 him by -Ordinance shah have ehect notwithstanding any law, custom or \u00b0f this and the registration of Muslim marriages shall take place only USage\u2018 ance with those provisions. accotci, oi courts, shall not apply to any Arbitration Council. (6) Anynerson may, on payment - of the prescribed fee, if Order, 1959 (P. O. No. 18 of 1959), and having inw6?00* Union Committee., constituted under the V16 Tow the area concerned ; * J uri\u00a3,dicti0 Mr ' 4. Succession.\u2014In the event of the death of any son or daughter of punishable with simple imprisonment for a term which may extend o \u2022 with both.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "N/A", "domain": "islamic", "chunk_id": "The Muslim Family La_c2"}}
{"text": "the event of the death of any son or daughter of punishable with simple imprisonment for a term which may extend o \u2022 with both. . :.. . ^onn of nikah nama^ the registers to be maintained by \u25a0 THE GAZETTE OF PAKISTAN, EXTRA.; MARCH 2, 1961 \u2019 '693 e . .-(1) No man, during ' the subsistence of an existing marriage con^a H be registered under this Z91 An application for permission under sub-section .(1),.shall be subnutte ^d shaii state the reasons for the proposed .marriage, and thereto. On receipt of the application under sub-section (2), the Chair\u00ad hall ask the applicant and his existing wife or wives each to nomi-. iTiatn a representative, and the Arbitration Council so constituted, may, if t-sfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record it' reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of \u2022 the prescribed-fee, orefor an application for revision, in the case of West Pakistan, to the concerned and his decis;on shall be final and shall not be called imques- . Lion in any court. (a^ pay immediately the entire amount of the dower,- whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and \u2022 (b)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "N/A", "domain": "islamic", "chunk_id": "The Muslim Family La_c3"}}
{"text": "deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and \u2022 (b) on conviction upon complaint -be punishable with.'simple which may extend to five thousand rupees, or with both. soon as may be after the pronouncement of talaq in any form whatso- ' ever, give the Chairman notice in writing of his having done so. and shall supply a copy thereof to the wife. '* (2)- Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to both. (3) Save as provided in sub-section (5), a talaq unless revoked tion of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman. . 4 * * * (4) Within thirtv davs of-the receipt of notice under sub-section (1), the Chairman shall, constitute an Arbitration Council for the purpose, of brmsine about a reconciliation between the parties, and the Arbitration Council shall take all-steps necessary to bring about such reconciliation. (5) Any man who contracts another marriage without, the permis \u00ad sion of tie Arbitration Council shall\u2014 \u2022 Aether the consent of the existing wife or wives: has . been obtained \u2022tt d to the Chairman in the prescribed manner, together with the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer imprisonment which may extend, to one. year, or:with fine 7. Talaq.\u2014 (1) Any-man .who wishes to divorce ' his", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "N/A", "domain": "islamic", "chunk_id": "The Muslim Family La_c4"}}
{"text": "East Pakistan, to the Sub-Divisional Officer imprisonment which may extend, to one. year, or:with fine 7. Talaq.\u2014 (1) Any-man .who wishes to divorce ' his - wife shall, as one year or with fine which may extend to five-thousand rupees or with earlier,, expressly or\u2019otherwise, shall not be' effective until the expira \u00ad marri^8\u2019 contract \u2019 another marriage, nor shall any such 6; 1 \u00b0 shall except with the previous permission in writing of the Arbitration d without such permission Ordinance. c 693 J THE GAZETTE OF PAKISTAN, EXTRA., MARCH 2 (5) If the wife be pregnant at the time Uilaq j -^=-^1961 shall not be effective until the period mentioned i DVtalaq effective under wiU1 a third person, unless ^-\u00bb0. - \u2022 than by talaq.\u2014Where the right ^33 been oi U16 P^aQ5 the provisions of section 1 shall, any otner legal reme y t0 determine the matter, and the Arbitra- - cation for revision of the certA a \u25a0 to the Sub-Divisional Officer coiS^Shis^dec^ion shall be final and shall not be caUed in ques\u00ad (3) Any amount payable under sub-section (1) or (2), if not paid in -are specified in the nikah nama, or the jnarriage contract, the entire amount of the dower shall be presumed to be payable on demand. 11. Power to make rules.\u2014(1) The Provincial Government may make may extend to two hundrBrim^y extend to one month, or with fine which Gazette, and shalKhereunnn^ ^1\u00b011 shaU be published in the official In the Child Marriage Restraint", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "1", "domain": "islamic", "chunk_id": "The Muslim Family La_c5"}}
{"text": "two hundrBrim^y extend to one month, or with fine which Gazette, and shalKhereunnn^ ^1\u00b011 shaU be published in the official In the Child Marriage Restraint Act, 1929 (XIX of 1929),\u2014 ., . (1) in section 2,\u2014 ' ' . .............\u2019 \u201c \u2018 snail be substituted; Jhe WOrd \u201cfourteen\u201d the word \u201csixteen (b) in clause (c), the word \u201cand\u201d shall be omitted; and 1,1 (2) o? . n debar a Wife whose marriase has beei stitute an ^^^^\u201c^/f^rtiacate specifying the amount which shall be 9. Maintenance.-^; r Jre wives than one, tails to maintain them <ii [f any husband fails to mamtam his wife ade \u00ad equitably, the wife, or an oi J \u2022 tQ chairman who shall con- of wives> may in addition to seeking tion Coun^ by the husband. quately, or wnere tnere . \u25a0 . .. j the prescribed manner, within the prescribed period, and on paym t (2) A husband or wne may,, cribed fee> prefer an appli- of West Pakistan, to the tion in any court. J \u2022 due time, shall be recoverable as arrears of land revenue. 10. Dower.\u2014Where no details about the mode of payment of dower \u2022 * ' * rules to carry into effect the purposes of this Ordinance. may provide that a breach of an ri, the ^rovinclal Government simple imprisonment which m=\u201ey \u00b0t be punishable with wo nunored rupees, or with both. rules hereupon have effect as if enacted in this Ordinance. r ^2, of CHld Marriage Restraint Act, 1929", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "2", "domain": "islamic", "chunk_id": "The Muslim Family La_c6"}}
{"text": "with wo nunored rupees, or with both. rules hereupon have effect as if enacted in this Ordinance. r ^2, of CHld Marriage Restraint Act, 1929 (XIX of 1929) tne pregnancy, wnichever be later, ends. ,b) Nothing shall o ecti011 from re-marrying the san \u2019-\u00bb\u00bb> \u201c \u25a0 SS - \u00bb nation is for tne sssxa .,*th&e m u a r t a11w38i \u00ae s a \u201ei nis and so w THE GAZETTE OF PAKISTAN, EXTRA., MARCH 2, 1961 693 \" (c) in clause (d.), for the full stop at the end a comma shall be \u201c (e) \u201c Union Council \u201d means the Union Council or the Town or Union Committee constituted under the Basic Demo\u00ad cracies Order, 1959 (P.O. No. 18 of 1959), within whose jurisdiction a child marriage is or is about to be solemn\u00ad (2) section 3 shall be omitted ; (3) in section 4, for the words \u201c twenty-one \u201d the word \u201c eighteen \u201d (4) in section 9, after the words under this Act \u201d, the words \u201cexcept on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority cribe, and such cognizance shall in no case be taken \u201d shall (5) section 11 shall be omitted. 13. Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939).\u2014In the Dissolution of Muslim Marriages Act, 1939 (VHI of 1939), in section 2,\u2014 (a) after clause (ii), the following new clause (iia) shall be inserted namely", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "3", "domain": "islamic", "chunk_id": "The Muslim Family La_c7"}}
{"text": "Dissolution of Muslim Marriages Act, 1939 (VHI of 1939), in section 2,\u2014 (a) after clause (ii), the following new clause (iia) shall be inserted namely : \u2014 \u201c (iia) that the husband has taken an additional wife in con\u00ad travention of the provisions of the Muslim Family Laws Ordinance, 1961 ; \u201d ; and (b) in clause (vii), fop the word \u201c fifteen \u201d the word \u201c sixteen \u201d shall be substituted. MOHAMMAD AYUB KHAN, H. Pk., H. J., FIELD MARSHAL, President. Rawalpindi, the 2nd March, 1961. N. A. FARUQUI, Cabinet Secretaru. PRINTED BY THE ASSISTANT MANAGER, GOVERNMENT OF PAKISTAN PRESS, RAWALPINDI PUBLISHED BY THE MANAGER OF PUBLICATIONS. KARACHI substituted, and thereafter the following new clause (e) shall be added, namely ...... ized n; ' shall be substituted ; as the Provincial Government may in this behalf pres \u00ad be inserted ; and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Muslim_Family_Laws_Ordinance_1961.pdf", "act_name": "The Muslim Family Laws Ordinance 1961", "year": "1961", "section": "2", "domain": "islamic", "chunk_id": "The Muslim Family La_c8"}}
{"text": "M - 302 L.-7646 REGISTERED No. EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, THURSDAY, MARCH 11, 2010 PART I Acts. Ordinances, President\u2019s Orders and Regulations SENATE SECRETARIAT fslamabad, the Lith March, 2010 No. F. 9 (5)/2009-Legis.\u2014The following Acts of Majlis-e-Shoora\u2019 (Parliament) received the assent of the President on 9th March, 2010, are hereby published for general information:\u2014 Acr No. IV or 2010 ln Act to make provisions for the protection against harassment of women at the workplace WHEREAS the Consutution of the Islamic Republic of Pakistan recognizes the fundamental right of citizens to dignity of person; AND WHEREAS it is expedient to make this provision tor the protection of women from harassment at the workplace; (63) Price - Rs.20.50 (222202016 .Ex. Gaz. ] 64 \u2014 TITE GAZETTE OF PAKISTAN, EXTRA., MARCH LI, 2019 {Parr | \u2014 \u2014? It is hereby enacted as follows: I, Short title, extent and commencement.\u2014(1) This Act may be called the Protection against Harassment ef wonren at the Workplace Act, 2010. (2) (3) % li extends to the whale of Pakistan. It shal] come into force at once. Definitions.\u2014In this Act. unless there is anything repugnant in the subject or context - (a) (b) {c) (d) {C} (f} (x) \u201caccused\u201d means an employee or employer of an organization against whom complaint has been made under this Act, \u201cCBA\u201d means Collective Bargaining Agent as provided in the Industrial Relations Act, 2008 (IV of 2008), or any other law for the time being in force. \u201cCode\u201d means the Code of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c0"}}
{"text": "provided in the Industrial Relations Act, 2008 (IV of 2008), or any other law for the time being in force. \u201cCode\u201d means the Code of Conduct as mentioned in the Schedule to this Act; \u201cCompetent Authority\u201d means the authority as may be designated by the management for the purposes of this Act; \u201ccomplainant\u201d means a woman or man who has made a complaint to the Ombudsman or to the Inquiry Committee on being aggrieved by an act of harassment; ; \u201cemployee\u201d means a regular or contractual employee whether employed on daily, weekly, monthly or hourly basis, and includes an intern or an apprentice; \u201cemployer\u201d in relation to an organization, means any person or body of persons whether incorporated or not, who or which employs workers in an organtzation under a contract of employment or in any other manner whosoever and includes\u2014 . (i) an heir, successor or assign, as the case may be, of such person or. body as aforesaid: (ij any person responsible for the direction, administration. management and control of the management: Pari Uf THE GAZETTE OF PAKISTAN, EXTRA... MARCH II, 2010 65 (iii) {iv) (\\} (vi) (vii} the authority, in relation of an organization or a group of Organizations run by or under the authority of any Ministry or department of the Federal Government or a Provincial government, appointed in this behalf or, where no authority is appointed, the head of the Ministry or department as the case may be; the office bearer, in relation to an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c1"}}
{"text": "or, where no authority is appointed, the head of the Ministry or department as the case may be; the office bearer, in relation to an organization run by or on behalf of the local authority, appointed in this behalf, or where no officer is so appointed, the chief executive officer bearer of that authority: the proprietor, in relation to any other organization, of such Organization and every director. manager. secretary, agent or office bearer or person concerned with the management of the affairs thereof; a contractor or an organization of a contractor who or which undertakes to procure the labour or services of employees for use by another person or in another organization for any purpose whatsoever and for payment in any form and on any basis whatsoever; and office bearers of a department or a Division of a Federal! or a Provincial or jocal authority who belong to the managerial, secretarial or directional cadre or categories of supervisors or agents and those who have been notified for this purpose in the official Gazette; (h) \u201charassment\u201d means any unwescome sexual advance, request for sexual favors or other verbal or written communication or physica! conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment; {i) Gi) \u201cInquiry Committee\u201d means the Inquiry Committee established under sub-section (1)", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c2"}}
{"text": "to comply to such a request or is made a condition for employment; {i) Gi) \u201cInquiry Committee\u201d means the Inquiry Committee established under sub-section (1) of section 3; \u201cmanapement\u201d means a person or body of persons responsible for the management of the affairs of an organization and includes an employer; 66 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Parr ] \u2014\u2014 re \u2014_\u2014 \u2014 (k) \u201cOmbudsman\u201d means the Ombudsman appointed under section 7: {1} \u201corganization\u201d means a Federal or Provincial Government Ministry. Division or department, a corporation or any autonomous or semi autonomous body, Educational Institutes, Medical facilities established or controlled by the Federal or Provincial Government or District Government or registered civil soctety associations or privately managed a commercial or an industrial establishment or institution, a company as defined in the Companies Ordinance, 1984 (XLVI] of 1984) and includes any other registered private scctor organization or institution; (m) \u201cSchedule\u201d means Schedule annexed to this Act; and (n) \u201cworkplace\u201d means the place of work or the premises where an organization or employer operates and includes building, factory, open area or a larger geographical area where the activities of the organization or of employer are carried out and including any situation that is linked to official! work or official activity outside the office. 3, inquiry Committee.\u2014(1)) Each organization shall constitute an Inquiry Committee within thirty days of the enactment of this Act to enquire into complaints under this Act. (2) The Committee shall consist of three members of whom at", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "3", "domain": "harassment", "chunk_id": "The Protection Again_c3"}}
{"text": "days of the enactment of this Act to enquire into complaints under this Act. (2) The Committee shall consist of three members of whom at least one member shall be a woman. One member shall be from senior management and one shall be a senior representative of the employees or a senior employee where there is no CBA. One or more members can be co-opted from outside the organization if the organization is unable to designate three members from within as described above. A Chairperson shall be designated from amongst them. (3) Incase a complaint ts made against one of the members of the Inquiry Committee that member should be replaced by another for that particular case. Such member may be from within or outside the organization. (4) Incase where no competent authority (s designated the organization shall within thirty days of the enactment of this Act designate a competent authority. 4. Procedure for holding inquiry.\u2014 (1) The Inquiry Committee, within three days of receipt of a written complaint, shall -- (a) communicate to the accused the charges and statement of allegations leveled against him, the formal written receipt of which will be given: Part T} THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 67 \u2014\u2014\u2014 ne ee (b) require the accused within seven days from the day the charge is communicated to him to submit a written defense and on his failure to do so without reasonable cause, the Committee shall proceed ex- parte, and (\u00a2) enquire into the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c4"}}
{"text": "submit a written defense and on his failure to do so without reasonable cause, the Committee shall proceed ex- parte, and (\u00a2) enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as the Committee may consider necessary and each party shalt be entitled to cross-examine the witnesses against him. (2) Subject to the provisions of this Act and any rules made thereunder the Inquiry Committee shall have power to regulate its own procedure for conducting inquiry and for the fixing place and time of its sitting. (3) The following provisions inter alia shall be followed by the Committee in relation to inquiry: (a) The statements and other evidence acquired in the inquiry process shall be considered as confidenttal; (6) An officer in an organization, if considered necessary, may be nominated to provide advice and assistance to each party; (c) Both parties. the complainant and the accused, shall have the right to be represented or accompanied by a Collective Bargaining Agent representative, a friend or a colleague; (d} Adverse action shall not be taken against the complainant or the witnesses: {e) The Inquiry Committee shall ensure thal the employer or accused shall in no case create any hostile environment for the complainant so as to pressurize her from freely pursuing her complaint; and {f} The Inquiry Committee shall give its findings in writing by recording reasons thereof. (4) The Inquiry Committee shali submit its findings and recommendations", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c5"}}
{"text": "and {f} The Inquiry Committee shall give its findings in writing by recording reasons thereof. (4) The Inquiry Committee shali submit its findings and recommendations to the Competent Authority within thirty days of the initiation of inquiry. If the [nquiry Committee finds the accused to be guilty it shall recommend to the Competent Authortty for imposing one or more of the following penaities: 68 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 1}, 2010 [Parr f \u2014\u2014\u2014\u2014 nN \u2014\u2014\u2014\u2014\u2014\u2014 eee {i) Minor penalties: (a) censure; (b} withholding, for a specific period, promotion or increment; {c) stoppage, for a specific period, at an efficiency bar in the time- scale, otherwise than for unfitness to cross such bar; and {d) recovery of the compensation payable to the complainant from pay or any other source of the accused: {ii} Major penaities: {a) reduction to a lower post or time-scale, or to a lower stage in a time-scale; (b) compulsory retirement; (c} removal from service, {d) dismissal from service; and (e) Fine. A part of the fine can be used as compensation for the complainant. In case of the owner. the fine shall be payable to the complainant. (5) Fhe Competent Authority shall impose the penalty recommended by the Inquiry Committee under sub-section (4) within one week of the receipt of the recommendations of the Inquiry Committce. (6) The Inquiry Committee shall meet on regular basis and monitor the situation regularly until they are satisfied that their recommendations subject to decision, if any of Competent Authority", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c6"}}
{"text": "shall meet on regular basis and monitor the situation regularly until they are satisfied that their recommendations subject to decision, if any of Competent Authority and Appellate Authority have been implemented. (7) Incase the complainant is in trauma the organization will arrange for psycho-social counseling or medical treatment and for additional medical leave. (8) The organization may also offer compensation to the complainant in case of loss of salary or other damages. 5. Powers of the Inquiry Committee\u20141) The Inquiry Committee shall have power -- Pari |] THE GAZETTE OF PAKISTAN, EXTRA. MARCH 1/1, 2010 69 (a) to summon and enforce attendance of any person and examine him on oath; (b) to require the discovery and production of any document; (c) to receive evidence on affidavits; and (d} to record evidence. (2) The Inquiry Committee shall have the power to inquire into the matters of harassment under this Act, to get the complainant or the accused medically examined by an authorized doctor, if necessary, and may recommend appropriate penalty against the accused within the meaning of sub-section (4) of section 4. (3) The Inqutry Commitiee may recommend to Ombudsman for appropriate action against the complainant if allegations leveled against the accused found to be lalse and made with wala fide intentions. (4) The Inquiry Committee can instruct to treat the proceedings confidential. 6. Appeal against minor and major penalties.\u2014(1) Any party aggrieved by decision of the Competent Authority on whom minor or major penalty is imposed may within thirty days", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "4", "domain": "harassment", "chunk_id": "The Protection Again_c7"}}
{"text": "minor and major penalties.\u2014(1) Any party aggrieved by decision of the Competent Authority on whom minor or major penalty is imposed may within thirty days of written communication of decision prefer an appeal to an Ombudsman established under section 7. (2). Acomplainant aggrieved by the decision of the Competent Authority may also prefer appeal within thirty days of the decision to the Ombudsman. - (3} The Appellate Authority may, on consideration of the appeal and any other relevant material, confirm, set aside, vary or modify the decision within thirty days in respect of which such appeal is made. ft shalf communicate the decision to both the parties and the employer. (4) Until such a time that the Ombudsman is appointed the District Court shail have the jurisdiction to hear appeals against the decisions of Competent Authority and the provisions of sub-sections (1) to (3) shall mutatis mutandis apply. (5) On the appointment of Ombudsman all appeals pending before the District Court shal] stand transferred to Ombudsman who may proceed with the case from the stage at which it was pending immediately before such transfer. 70 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Part I \u2014_\u2014\u2014_\u2014_\u2014=\u2014_\u2014__ ee 7. Ombudsman.\u2014{1)} The respective Governments shall appoint an Ombudsman at the Federal and Provincial levels. (2) A person shall be qualified to be appointed as an Ombudsman who has been a judge of High Court or qualified to be appointed as a judge of High Court. The Ombudsman may recruit such staffas required", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "7", "domain": "harassment", "chunk_id": "The Protection Again_c8"}}
{"text": "has been a judge of High Court or qualified to be appointed as a judge of High Court. The Ombudsman may recruit such staffas required to achieve the purposes of this Act and the finances will be provided by the respective Governments. 8. Ombudsman to enquire into complaint.\u2014( 1} Any employee shall have the option to prefer a complaint cither to the Ombudsman or the Inquiry Committee, (2) The Ombudsman shall within 3 days of receiving a complaint issue a written show cause notice to the accused. The accused, afier the receipt of written notice, shall submit written defense to the Ombudsman within five days and his failure to do so without reasonable cause the Ombudsman may proceed ex-parte. Both the partics can represent themselves before the Ombudsman. (3) The Ombudsman shall conduct an inquiry into the matter according to the rules made under this Act and conduct proceedings as the Ombudsman deems proper. \u2018 (4) For the purposes of an investigation under this Act, the Ombudsman may require any office or member of an organization concerned to furnish any information or to produce any document which in the opinion of the Ombudsman is relevant and helpful in the conduct of the investigation. (5) The Ombudsman shall record his decision and inform both parties and the management of the concerned organization for implementation of the orders. 9. Representation to President or Governor.\u2014Any person aggrieved by a decision of Ombudsman under sub-section (5) of section 8. may. within thirty days of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "8", "domain": "harassment", "chunk_id": "The Protection Again_c9"}}
{"text": "orders. 9. Representation to President or Governor.\u2014Any person aggrieved by a decision of Ombudsman under sub-section (5) of section 8. may. within thirty days of decision, make a representation to the President or Governor. as the case may be, who may pass such order thereon as he may deem fit. _ 10. Powers ofthe Ombudsman. - The Ombudsman shall for the purpose of this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908). in respect of the following matters, namely: Parr 9} THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 7] \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014 (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) compelling the production of evidence; (iii) receiving evidence on affidavits; {iv) issuing commission for the examination of witnesses; (v} entering any premises for the purpose of making any inspection or investigation, enter any premises where the Ombudsman has a reason to believe that any information relevant to the case may be found; and (vi) the Ombudsman shall have the same powers as the High Court has to punish any person for its contempt. (2) Ombudsman shall while making the decision on the complaint may impose any of the minor or major penalties specified in sub- section (4) of section 4. ll. Responsibility of employer\u20141) It shall be the responsibility of the employer to ensure implementation of this Act, including but not limited to incorporate the Code of Conduct for", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "8", "domain": "harassment", "chunk_id": "The Protection Again_c10"}}
{"text": "It shall be the responsibility of the employer to ensure implementation of this Act, including but not limited to incorporate the Code of Conduct for protection against harassment at the workplace as a part of their management policy and to form Inquiry Committee referred to in section 3 and designate a Competent Authority referred to in section 4. {2) The management shall display copies of the Code in English as well as in language understood by the majority of employees at conspicuous place in the organization and the workplace within six months of the commencement of this Act. (3) On failure of an employer to comply with the provisions of this section any employee of an organization may file a petition before the District Court and on having been found guilty the employer shall be liable to fine which may extend to one hundred thousand rupees but shall not be less than twenty-five thousand rupees. 12. Provisions of the Act in addition to and not in derogation of any other law.\u2014T he provisions of this Act shail be in addition to and not in derogation of any other law for the time being in force. 13,. Power to make rutes.\u2014The Federal Government may make rules to carryout the purposes of this Act. 72 THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Part | Schedule [See sections 2(c) and t1] CODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE Whereas it is expedient to make the Code of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "3", "domain": "harassment", "chunk_id": "The Protection Again_c11"}}
{"text": "sections 2(c) and t1] CODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE Whereas it is expedient to make the Code of Conduct at the workplace etc. to provide protection and safety to women against harassment it is hereby provided as under: (v} (it) The Code provides a guideline for behavior of all employees, including management, and the owners of an organization to ensure a work environment free of harassment and intimidation: \u201cHarassment\u201d means any unwelcome sexual advance, request for sexual favors or other verbal! or written communication or physical conduct of a sexual nature, or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusai to comply to such a request or is made a condition for employment; The above is unacceptable behavior in the organization and at the workplace, including in any interaction or situation that is linked to official work or official activity outside the office. Explanation.\u2014There are three significant manifestations of harassment in the work environment;\u2014- (a) Abuse of authority A demand by a person in authority, such as a supervisor, for sexual favors in order for the complainant to keep or obtain certain job benefits, be ita wage increase, a promotion, training opportunity, a transfer or the job itself. (b} Creating a hostile environment Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c12"}}
{"text": "a hostile environment Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an individual\u2019s work performance or creates an intimidating. hostile. abusive or offensive work environment. Part 1} THE GAZETTE OF PAKISTAN, EXTRA., MARCH I1,; 2010 73 The typical \u201chostile environment\u201d claim, in general, requires finding of a pattern of offensive conduct, however, in cases where the harassment is particularly severe, such as in cases involving physical contact, a single offensive incident will constitute a violation. (c} Retaliation The refusal to grant a sexual favor can result in retaliation, which may include limiting the employee\u2019s options for future promotions or training, distorting the evajuation reports, generating gossip against the employee or other ways of limiting access to his/her rights. Such behavior is also a part of the harassment. (iii) An informal approach to resolve a complaint of harassment may be through mediation between the parties involved and by providing advice and counseling on a strictly confidential basis; (iv) A complainant or a staff member designated by the complainant for the purpose may report an incident of harassment informally to her supervisor, or a member of the Inquiry Committee, in which case the supervisor or the Committee member may address the issue at her discretion in the spirit of this Code. The request may be made orally or in writing; {v) Ifthe case is taken up for investigation at an informal level, a senior manager from the office or", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c13"}}
{"text": "be made orally or in writing; {v) Ifthe case is taken up for investigation at an informal level, a senior manager from the office or the head office will conduct the investigation in a confidential manner. The alleged accused will be approached with the intention of resolving the matter in a confidential manner; (vi) If the incident or the case reported does constitute harassment of a higher degree and the officer or a member reviewing the case feels that it needs to be pursued formally for a disciplinary action, with the consent of the complainant, the case can be taken as a formal complaint; (vii) A complainant does not necessarily have to take a complaint of harassment through the informal channel. She can launch a formal complaint at any time; 74 (viii} (ix) (x) {xt} (xii) (xit8) THE GAZETTE OF PAKISTAN, EXTRA., MARCH 11, 2010 [Part |] The complainant may make formal complaint through her incharge, supervisor, CBA nominee or worker\u2019s represegtative, as the case ' may be, or directly to any member of the Inquiry Committee. The Committee member approached is obligated to initiate the process of investigation. The supervisor shail facilitate the process and is obligated Not to cover up or obstruct the inquiry; Assistance in the inquiry procedure can be sought from any member of the organization who should be contacted to assist in such a case; The employer shall do its best to temporarily make adjustments so that the accused and the complainant do not have", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c14"}}
{"text": "assist in such a case; The employer shall do its best to temporarily make adjustments so that the accused and the complainant do not have to interact for official purposes during the investigation period. This would include temporarily changing the office, in case both sit in one office, or taking away any extra charge over and above their contract which may give one party excessive powers over the other's job conditions. The employer can also decide to send the accused on leave, or suspend the accused in accordance with the applicable procedures for dealing with the cases of misconduct, if required: Retaliation from either party should be strictly monitored. During the process of the investigation work, evaluation, daily duties, reporting structure and any parallel inquiries initiated should be strictly monitored to avoid any retaliation from either side; The harassment usually occurs between colleagues when they are alone, therefore usually it is difficult to produce evidence. It is strongly recommended that staff should report an offensive behavior immediately to someone they trust, even if they do not wish to make a forma! complaint at the time. Although not reporting immediately shaJl not affect the merits of the case; and The Code lays down the minimum standards of behavior regarding protection of women from harassment at workplace etc. but will not affect any better arrangement that an organization may have developed nor will it bar the grant of protection that employees working in an institute may secure from their employers through negotiation.", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_Protection_Against_Harassment_of_Women_At_The_Workplace_Act_ 2010.pdf", "act_name": "The Protection Against Harassment of Women At The Workplace Act  2010", "year": "2010", "section": "N/A", "domain": "harassment", "chunk_id": "The Protection Again_c15"}}
{"text": "; EXTRAORDIkAlVi ISSUE a m . g i T ofr\u2018 PUBLOSNEED nY AUTHORITY L A H O R E , S A T U R D A Y , J U L Y 1 8 , 1 9 6 4 P R O V I N C I A L A S S E M B L Y O F W E S T P A K I S T A N . NOTIFICATION The 18th July, 1964. No. PAWP/Legis -(38)/64/197\u2014The j -: West Pakistan FamilyCourts Bill, 1964, having been passed by the Provincial Assembly of West Pakistan on the 30th day of June, 1964, and assented to by the Governor of West Pakistan on the 14th day of July, 1961, is hereby publish ed as an Act of the Provincial Legislat ure of West Pakis tan THE WEST PAKISTAN FAMILY COURTS ACT, 1964, WEST PAKISTAN ACT No. XXXII - or 1964. (First published, after having received the assent of the Governor of West Pakistan in the Gazette of West Pakistan, dated the 18th July, 1964). AN ACT to make provisionfor the establishment of Family Courts. WHEREAS it is expedient to make provision for the Preamble. efitablislime nt of Family Courts for the expeditiou s inlement and disposal of disputes relating to marriage 11' family affairs and for matters connected therewith ; It is hereby enacted as. follows:\u2014 11/4 1.. (1) This Act may be called the West Pakistan short, tit le. extent uiid aommenaaznent. :13 Paisa ( 2427 ktiCISITRIED", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "N/A", "domain": "general", "chunk_id": "The West Pakistan Fa_c0"}}
{"text": "enacted as. follows:\u2014 11/4 1.. (1) This Act may be called the West Pakistan short, tit le. extent uiid aommenaaznent. :13 Paisa ( 2427 ktiCISITRIED Mho. 17532 \u2022 It altistatt Courts Act, 1964. 1128 nit G.Q.Z. OF WEST PAK. (EXTRY.), Ju ly is , 194 (2) It extends to the whole of the Province ofw Pakistan, except the Tribal Areas. est (3) It shall come into force in such area or areas a nd on such date or dates as Government may, by notification in the Official Gazette, specify in this behalf. 2. In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them , that is to say \u2014 (a) \"Arbitration Council\" and \"Chairman\" shall have the meanings respectively assigned to them in the Muslim Family Laws Ordinance, 1961 ; (b) \"Family Court\" means a Court constituted under this Act ; (c) \"Government\" means the Government of West Pakistan ; (d) \"party\" shall include any person whose presence as such is considered necessary for a prop ier decision of the dispute and whom the Family. Court adds as a party to such dispute ; \"prescribed\" means prescribed by rules made under this Act. 3. Government shall establish one or more Family necessary and appoint a Judge in each of such Courts. th e Courts in each District or at such other place as it nlaY d r a i l Y J urifidietivn. 5. Subject to the provisions of the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "N/A", "domain": "general", "chunk_id": "The West Pakistan Fa_c1"}}
{"text": "each District or at such other place as it nlaY d r a i l Y J urifidietivn. 5. Subject to the provisions of the - di. Laws Ordinance, 1961, and the Conciliation Courts Olr'is, name, 1961, the Family Courts shall have exclu sive\u201ejtilters diction to entertain, hear and adjudicate uPoil specified in the Schedule. 5 of 6. Subject to any general or special or \u2014l a i t s Government in this behalf, a Family Court shall 11\u00b01 niaY sittings at such plac'e or places within the districts as Definit ions. (d) Establish. m e e t o f Family Co- urvi. Qualifica- tions of Judge. a Judge of ,as 4. No person shall be appointed as Family Court unless he is or has been a District Judgeg or has been a Seni or Civil Judg e or Civil Judg Pia co of sitting In il biun of suit -. be specified by the District Judge. 11 be 7. ( 1 ) E v e r y s u i t b e f o r e a F a m i l y C o u r t s i t e r instituted by the presentation of a plaint or in stitch manner and in such Court as may be prescribed. GAZ. OF WEST PAR. (EXTRY.), JULY 18, 1964 2429 (2) The plaint shall contain all facts relating to the dispute and shall contain a Schedule giving the number ofwitnesses intended to be produced in support of", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "N/A", "domain": "general", "chunk_id": "The West Pakistan Fa_c2"}}
{"text": "plaint shall contain all facts relating to the dispute and shall contain a Schedule giving the number ofwitnesses intended to be produced in support of the OA the names and addresses of the witnesses and a brief summary of the facts to which they would depose : Provided that the parties may, with the permission of the Court, call any witness at any later stage, if the Court (onsiders such evidence expedient in the interests of j u s t i c e . (3) All documents which the plaintiff intends to rely upon in respect of his claim shall be appended to the p l a i n t , (4) The plaint shall be accompanied by as many duplicate copies thereof [including the Schedule and the lists of documents referred to in sub -section (3)], as there are defendants in the suit, for service upon the defendants. 8, (1) Within three days of the presentation of the lutinution plaint to a Family Court the plaintiff shall send to each t\u00b0 defen\" defendant by reuistered post, a copy of the plaint together /Id 11tS. 'ith a copy of the Schedule as mentioned in section 7(2) and copies of all documents mentioned in B e e t io n 7( 3) . (2) Save as may otherwise be prescribed, the Pnlaiintiff shall also, within the time specified in sub-section cause notice to be inserted in any two newspapers approved by the Family Court of the fact of his having the", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "7", "domain": "general", "chunk_id": "The West Pakistan Fa_c3"}}
{"text": "time specified in sub-section cause notice to be inserted in any two newspapers approved by the Family Court of the fact of his having the h i e d t h \" \u2022 .1 (1) Within fifteen days of the service of notice 14 a new by registered post or the appearance of a notice E t tie ttme% t. 8. upon himb appear TsPaPer, whichever is earlier, the defendant shall in Court and file his written statement. att a c h!) With the written statement the defendant shall (a) Copies of the entire documentary evidence that he wishes top roduce in the case ; and (b) a list of the names and addresses of his witnesses along with a precis of the evidenc e that each Witness is expected to give. ( 3) kfrii,red Copies of the written statement and the documents ,Post 6' to in sub -section (2) shall be sent by registered 11141g 6,defendant to the plaintiff within three days of his the Written statement : filee a joint written statement, only one of 2430 THE GAZ. OF WEST PAK. (EXTRY.), JULY 18, 1go l them shall send a copy of the written statement with the documents mentioned in sub -section (2). (4) If the defendant fails to appear within the time specified in sub -section (1), the Family Court may proceed against him ex parte. Pretrial 1 0 . ( 1) As soon as may be, after the written state. proPeedin g. went has been filed,", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "N/A", "domain": "general", "chunk_id": "The West Pakistan Fa_c4"}}
{"text": "against him ex parte. Pretrial 1 0 . ( 1) As soon as may be, after the written state. proPeedin g. went has been filed, the Court shall fix a date for pre -trial hearing of the case and issue notices to the parties for attending the Court on the date so fixed. (2) On the date so fixed, the Court shall examine the plaint, the written statement (if any ) and the precis of evidence and documents filed by the parties and shall also, if it so deems fit, hear the parties and their Counsel. (3) At the pre -trial, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if this be possible. (4) If no compromise or reconciliation is possible, the Court shall frame the issues iv the case and fix a date for evidence. Recording 11. (1) On. the date fixed for recording of evidence , the Family Court shall examine the witnesses produced or evidence. by the parties in such order as it deems fit. (2) The Court shall not issue any summons for the appearance of any witness unless, within three daYs the framing of issues, any party intimates the Cow; that it desires a witness to be summoned through th Court and the Court is satisfied that it is not po ssible or practicable for such party to produce the witness. (3) The witnesses shall give their evidence in they own", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "N/A", "domain": "general", "chunk_id": "The West Pakistan Fa_c5"}}
{"text": "that it is not po ssible or practicable for such party to produce the witness. (3) The witnesses shall give their evidence in they own words and no question shall beput to them byE.glik party or any Counsel f party by pway of o a exam; flat/10 i n Provi 01 ded that the Court may, if it so clee, - ci- Put any question to any witness for the purpose \u00b01. elu the lotion of any point which it considers material la case. (4) The Family Court may permit the eviden ce \u00b0I any witness to be given by means of an affidavit all Provided that if the Court deems fit it 1:69 :Ltio l s u c h w i t n e s s f o r t h e p u r p o s e o f e x a x \u00b011 - in accordance with sub -section (3), chief, cross -examination or re -examination: TITE GAZ, OF WEST PAK. (EXTRY.), JULY 18, 1964 2431 0. (1) After the close of evidence of both sides, Conclus ion t h e Faraily Court shall make another effort to effect a of trial. compromise or reconciliation between the parties. (2) If such compromise or reconciliation is not pose $ible, the Family Court shall announce rfs judgement and give a decree. 13. (1) The Family Court shall pass a decree in Enforcement Rich form and in such manner as may be prescribed, o f d \"'\" . and", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "N/A", "domain": "general", "chunk_id": "The West Pakistan Fa_c6"}}
{"text": "The Family Court shall pass a decree in Enforcement Rich form and in such manner as may be prescribed, o f d \"'\" . and shall enter its particulars in the prescribed ieg,ister. (2) If any money is paid or any property is delivered in the presence of the Family Court, in satisfaction of the decree, it shall enter the fact of payment and the delivery of property, as the case may be, in the aforesaid register. (3) Where a decree relates to the payment of money and the decretal amount is not paid within the time Specified by the Court, the same shall, if the Court so directs, be recovered as arrears of land revenue, and on recovery shall he paid to the decree -holder. (4) The decree shall be executed by the Court pass - ing it or by such other Civil Court as the District Judge may, by special orgeneral order, direct. that (5) A Family Court may, if it so deems fit, direct an Y money to be paid under a decree passed by it be Paid \u2022 in such instalments as it deems fit. a 14 . (1) N o t w i t h s t a n d i n g anything provided in Ap p e a l s . )137 other law for the time being in force, a decision or a th:v. rei..passed by a Family Court shall be appealable to he -nigh Court only. Pain' (2) No appeal shall", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "N/A", "domain": "general", "chunk_id": "The West Pakistan Fa_c7"}}
{"text": "in force, a decision or a th:v. rei..passed by a Family Court shall be appealable to he -nigh Court only. Pain' (2) No appeal shall lie from a decree passed by a Tamil Court-- (a) for dissolution of marriage, except in the case of dissolution for reasons specified in clause (d) of item (viii) of section 2 of the Dissolu - tion of Muslim Marriages Act, 1939; (b) fordower not exceeding rupees one thousand; (o) for maintenance of rupees twenty -five - or less per month. or p erson to appear and give evidence, or to produce Zeify\" n y Court to 15 . ( 1 ) A Family Cou rt ma y iss ue su mmo ns t o se the production of any document \u2022 stunmon ?rovided that\u2014 wi tne5Fes. (a) no person who is exempt from personal appear- ance in a Court under sub-section (1) of section", "meta": {"source_file": "/content/QaanoonSathiAI_Legal_Database/The_West_Pakistan_Family_Courts_Act_1964.pdf", "act_name": "The West Pakistan Family Courts Act 1964", "year": "1964", "section": "2", "domain": "general", "chunk_id": "The West Pakistan Fa_c8"}}