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’s 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’s authority writes a letter and signs it in B’s name certifying to A’s 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’s 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


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 “accepted” on a piece of paper and signs it with Z’s 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 ; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s 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


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’s benefit, and with intent to defraud his creditors ; 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,


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


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 “a forged document”. 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,


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


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 ; 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 “transportation for life”. 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


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,


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,


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 “trade mark” 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 “transportation for life”. 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


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


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


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


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 CurrencyNotes and BankNotes 1[489A.Counterfeiting currencynotes or bank notes. Whoever counterfeits, or knowingly performs any part of the process of 2counterfeiting, any currencynote 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 “banknote” 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


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 currencynotes or banknotes. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currencynote or banknote, 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 currencynotes or banknotes. Whoever has in his possession any 4forged or counterfeit currencynote or banknote, 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 “transportation for life”. 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


“transportation for life”. 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 currencynotes or banknotes. 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 currencynote or bankn 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 currencynotes or banknotes. __ (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 currencynote or banknote 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 subsection (1),


with fine, or with both]. (2) If any person, whose name appears on a document the making of which is an offence under subsection (1), refuses, without lawful excus e, to disclose to a policeofficer 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 subsection (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 repayment 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


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 “transportation for life”. 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 “fine which may extend to one hundred rupees”. 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’s 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


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 twentyfive 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


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 schI. 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


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


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


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 nonMuslim 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


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’s 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


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“Z is an honest man ; he never stole B’s watch” ; 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’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it fall within one of the exceptions. (c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s 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


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’s 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.


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“I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further. (b) But if A says“I do not believe what Z asserted at that trial because I know him to be a man without veracity”. A is not within this exception, inasmuch as the opinion which he expresses of Z’s character, is an opinion not founded on Z’s 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


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“Z’s book is foolish : Z must be a weak man. Z’s book is indecent ; Z must be a man of impure mind.” A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further. (e) But if A says“I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine.” A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book. Seventh Exception.__ Censure passed in good faith by person having lawful authority over another. It is


character is an opinion not founded on Z’s 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 ; a head of a department censuring in good faith those who are under his orders ; a parent censuring in good faith a child in the presence of other children ; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pu pil in the presence of other pupils ; a master censuring a servant in good Page 175 of 179 faith for remissness in service ; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashierare 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 ; if A in good faith complains of the conduct of


matter of accusation. Illustration If A in good faith accuses Z before a Magistrate ; if A in good faith complains of the conduct of Z, a servant, to Z’s master ; if a in good faith complains of the conduct of Z, a child, to Z’s fatherA is within this exception. Ninth Exception.__ Imputation made in good faith by person for protection of his or other’s 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“Sells nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” 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


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.__ “Originator” 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


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’s 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,


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 ; 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. (23356), and the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 2 (w.e.f. 28th July, 1973), to read as above. Page 177


and Sch. (23356), 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 ; 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 illwill 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


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 ; 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


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’s 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’s 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


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; (ii) conduct sexual advances, or demand sexual favours or uses verbal or nonverbal 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’s work performance or creating an intimidating , hostile, or offensive working environment; 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,


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


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 onehalf 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’s pocket. A fails in the attempt in consequence of Z’s 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 “transportation or imprisonment”. 2Subs. ibid., for “transportation”. 3Subs. ibid., for certain words. 4Ins. by Act No. II of 1997 s. 10.


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’s Orders and Regulations NATIONAL ASSEMBLY OF PAKISTAN NOTIFICATION Islamabad, the 12th April, 1973 No. F. 23 (2)|73-Legis.—The 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 :— 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 “a : . - 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 ‘H - : 7 . 216 10. Safeguards as to arrest and detention

The Constitution of the Islamic Republic of Pakistan 1973


void _ .. - . .. . 215 9. Security of person ‘H - : 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 “3 . - . 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,—PRINCIPLES 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


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 ©. - - ‘ - 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.—THE PRESIDENT 41, The President - . .. . . 229 42, Oath of President a . - - - 230 43, Conditions of President’s office .. - . . 230 44, Term of office of President - - 230 45, President’s 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 “* . 232 CHAPTER 2.—-THE


i ais - 232 49, Chairman or Speaker to act as, or perform functions of President ae oe . on “* . 232 CHAPTER 2.—-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 ‘996 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 —_—— ARTICLE PAGE 73. Procedure


List . 242 72. Procedure at joint sittings 242 Part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 199 —_—— ARTICLE PAGE 73. Procedure with respect to Money Bills 243 74. Federal Government’s 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... - ‘a - - 250 Ordinances 89. Power of President to promulgate Ordinances v as 250 CHAPTER 3.—THE 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 = — ARTICLE PAGB 92, Federal Ministers and Ministers of State .. a - 252 93. Prime Minister continuing in office . . - 253


= — 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.—THE GOVERNORS 101. Appointment of Governor - . - . 257 102. Oath of office - - = a . 257 103. Conditions of Governor’s office ... _ - - 257 104. Acting Governor - = «os ~s 5.3 258 105. Governor to act on advice, etc. —. on _ +e 258 CHAPTER 2.—PROVINCIAL 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 ” 116. Assent


of Provincial Assembly 260 114. Restriction on discussion in Provincial Assembly 261 115. Provincial Government's consent rneasures . = required for financial ” 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.—THE 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 — . . . 970 133. Chief Minister continuing in office 2 - 270 134. Resignation by Chief Minister — 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


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 — - 273 140. Advocate-General for a Province es - -- 273 PART V RELATIONS BETWEEN FEDERATION AND PROVINCES CHAPTER 1.—DISTRIBUTION 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.—ADMINISTRATIVE 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 ——— 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, —_ | = - 277 151. Inter-Provincial trade .. - - _ 7 277 152. Acquisition of land for Federal purposes - a 278 CuHapPTeR 3.—SPECIAL PROVISIONS: 153. Council of Common Interests


trade .. - - _ 7 277 152. Acquisition of land for Federal purposes - a 278 CuHapPTeR 3.—SPECIAL PROVISIONS: 153. Council of Common Interests _ - ~ _ 279 154. Functions and rules of procedure ~ | ~ - 279 155. Complaints as to interference with water supplies — ~ 280 156. National Economic Council ini _ - = 281 157. Electricity - sie ~ - = ~- 281 158. Priority of requirements of natural gas. = - 282 159. Broadcasting and telecasting - - = és 282 PART VI FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER 1,—FINANCE Distribution of Revenues between the Federation and the Provinces 160. National Finance Commission — ~ - _ 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. — - 286 204 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 [Parr } AiTICLE Pacr Miscellaneous Financial Provisions 164. Grants out of Consolidated Fund ” _ _ 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 — = _ - 288 169. Functions and power of Auditor-General _ -_ 289 170. Power of Auditor-General to give directions as to accounts — 289 171. Reports of Auditor-General =


Functions and power of Auditor-General _ -_ 289 170. Power of Auditor-General to give directions as to accounts — 289 171. Reports of Auditor-General = — = ms 289 CHAPTER 3.—PROPERTY, 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 —= 205 ee ARTICLB PAGE ... 178. ‘Oath of office 292 ° 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 — ' 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 “ ve. 297 191, Rules of procedure... 0M a - 297 CHAPTER 3.—THE HIGH COURTS 192, Constitution of High Court. ae 297 193. Appointment of High Court Judges a ee


of procedure... 0M a - 297 CHAPTER 3.—THE HIGH COURTS 192, Constitution of High Court. ae 297 193. Appointment of High Court Judges a ee 298 194. Oath of office “a o. a ny ws 298 195, Retiring age .. - #3 - - 68 299. 196. Acting Chief Justice .. “= #6 a “ 299 197, Additional Judges... ss - " “aD 198, Seat of the High Court - mi - - 299 199, Jurisdictlon of High Court - ‘3 - oe 300 © % 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.—GENERAL 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.—CHIEF BLECTION COMMISSIONER AND BLECTION COMMISSIONS 213, Chief Blection Commissioner... [x


307 212, Administrative courts and Tribunals . . a 307 PART VIII ELECTIONS CuHarTer 1.—CHIEF BLECTION COMMISSIONER AND BLECTION COMMISSIONS 213, Chief Blection Commissioner... [x - - 308 214. Commissioner’s oath of office .. . . 7” 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 » 1973 207 ARTICLE PAGE 219. Duties of Commissioner 311 920, Bxecutive authorities to assist Commission, etc. 311 221. Officers and servants 311 CHAPTER 2.—-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 — exe ~ wa - 317 PART X EMERGENCY PROVISIONS 232. Proclamation of emergency on account of war, internal dis- 317 turbance, etc. .. ~ ” ane - = 233. Power to suspend Fundamental Rights, etc., during emergency ago period ae ess wad . oe “ ; 234. Power to issue Proclamation in case


233. Power to suspend Fundamental Rights, etc., during emergency ago period ae ess wad . oe “ ; 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 _ “ 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 — sas ws 324 PART XII MISCELLANEOUS CHapTer 1.—SERVICES 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.—ARMED FORCES 243. Command of Armed Forces — - - 326 244. Oath of Armed Forces = ~ = 326 245. Functions of Armed Forces ae ~ -_— 327 CHAPTER 3.—TRIBAL AREAS 246. Tribal Areas — - - om - 327 247. Administration of Tribal Areas — ~~ a 328 Cuarrer 4.—GENERAL 248. Protection to President, Governor, Minister, etc. — 329 249. Legal proceedings -_ - - 330 250. Salaries, allowances, etc., of the President, etc, 331 part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 —= 209 ARTICI PAGE 951. National language = _ _ 7 _ 330 952. Special provisions in relation to major ports and aerodromes, 333 953.


—= 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.—INTERPRETATION 260. Definitions — = - - _ _ 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 — -_ - - 340 263. Gender and number. -. 8 = - sas 340 264. Effect of repeal of laws - - “a — 340 | CHAPTER 6.—TITLE, COMMENCEMENT AND REPEAL 265. Title of Constitution and commencement ss v= 341 266. Repeal _ - _ ~- ~ - 341 CHAPTER 7,—-TRANSITIONAL 267. Power of President to remove difficulties — = - 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


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 — 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. — 350 276. Oath of first President .. 8 § ~ - - 3351 277. Transitional financial provisions - - _ 351 278. Accounts not audited before commencing day - a 352 279. Continuance of taxes — = “ - 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 “e 353 SECOND SCHEDULE — 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 —__= 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


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; © a . AND WHEREAS it is the will of the people of Pakis- tan to establish an order— 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 ‘made 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.,


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


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 —_—_———_ — ‘Part J] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 ee" PART I INTRODUCTORY 1.—(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


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.—(1) To enjoy the protection of law and to he dealt. with in ‘Teated 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— (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.—(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.—(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.


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, “the State ” 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.—FUNDAMENTAL RIGHTS 8.—(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—- (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


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. —=. 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.—If 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


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.—(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 — ; Board


person for 4 period exceeding one month unless the appropriate Review part I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 12, 1973 217 — ; 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—In this Article, “the appropriate Review Board” means,— (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—The 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,


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 é, t to Government concerned, to the effect that it is not in i. public interest to furnish any documents, is produceq —~ 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 : ° Provided that this clause shall not apply to any person who is employed by, or


order and twelve months in any other case : ° 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.—(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— (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. —(1) No law shall authorize the punishment of a person—. (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


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— \ (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,—(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 | — ee, —_ -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


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.—(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 — 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—. (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’ 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,


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 rélation 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,— (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.—(1) No person attending any educational institu- tion shall be required to receive religious instruction, or’ 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,— (a) no religious community or denomination shall be prevented from providing religious instruc- tion for pupils of


in relation to taxation. (3) Subject to law,— (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.—(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


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— (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 — 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— (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,


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.—{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.—(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 ] —_——— 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