{ "schema_version": "qanun-law-text/1", "id": "pk-code-7757c44414856d3f", "title": "Offence of Zina (Enforcement of Hudood) Ordinance,1979", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-cZ2U-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "7cc7c03d629ce75753bb1ff3fe2f377a85b9de6e6af81d813c59e4f373150b31", "source_sha256": "7cc7c03d629ce75753bb1ff3fe2f377a85b9de6e6af81d813c59e4f373150b31", "text_version_id": "law:pk-code-7757c44414856d3f:sha256:7cc7c03d629ce75753bb1ff3fe2f377a85b9de6e6af81d813c59e4f373150b31", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 5 \r\n \r\n \r\n \r\n \r\n THE OFFENCE OF ZINA (ENFORCEMENT OF HUDOOD) \r\nORDINANCE, 1979. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n4. Zina \r\n5. Zina liable to hadd \r\n5A. No case to be converted, lodged or registered under certain provisions \r\n6. Zina-bil-Jabr [omitted] \r\n7. Punishment for Zina or Zina-bil-Jabr when convict is not an adult \r\n8. Proof of zina liable to hadd \r\n9. Cases in which hadd shall not be enforced \r\n10 to 16. [Omitted] \r\n17. Mode of execution of punishment of stoning to death \r\n18. [Omitted] \r\n19. [Omitted] \r\n20. Application of Code of Criminal Procedure, 1898 and amendment \r\n21. Presiding Officer of Court to be a Muslim \r\n22. Saving \r\n \r\n \r\n\r\n \r\nPage 2 of 5 \r\n \r\nTHE OFFENCE OF ZINA (ENFORCEMENT OF HUDOOD) \r\nORDINANCE, 1979. \r\n1ORDINANCE NO. VII OF 1979 \r\n[10th February, 1979] \r\nAn Ordinance to bring in conformity with the Injunctions of Islam the law relating to the offence of \r\nzina. \r\nWHEREAS it is necessary to modify the existing law relating to zina so as to bring it in \r\nconformity with the injunctions of Islam as set out in the Holy Quran and Sunnah; \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary \r\nto take immediate action; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order No. I of 1977), and in exercise of \r\nall powers enabling him in that behalf, the President is pleased to make and promulgate the following \r\nOrdinance: \r\n1. Short title, extent and commencement. __ (1) This O rdinance may be called the \r\nOffence of Zina (Enforcement of Hudood) Ordinance, 1979. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force on the twelfth day of Rabi­ul­Awwal, 1399 Hijri, that is, the \r\ntenth day of February, 1979. \r\n2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext:__ \r\n(a) “adult” means a person who has attained, being a male, the age of eighteen years \r\nor, being a female, the age of sixteen years, or has attained puberty; \r\n2[(aa) “confession” means, notwithstanding any judgement of any court to \r\nthe contrary, an oral statement, explicitly admitting the commission of \r\nthe offence of zina, voluntarily made by the accused before a court of \r\nsessions having jurisdiction in the matter or on receipt of a summons \r\nunder section 203A of the Code of Criminal Procedure, 1898 (Act V \r\nof 1898)]; \r\n \r\n1This Ordinance has.been applied to the Provincially Administered Tribal Areas of Baluchistan, by Baluchistan Govt. Notification No. S. O. (TA)­3 \r\n(46)/79, dated 29­4­1979, see Baluchistan Gazette. 1979, Ext. (Issue No. 58), dated 14­6­1979. \r\n \r\nThis Ordinance has been applied to the Federally Administered Tribal Areas by S.R.O. No. 362(I)/97, dated 23­4­1979, see Gaz. of P., Ext., Pt II, p. \r\n632. \r\n \r\nThis Ordinance has been applied to the Provincially Administered Tribal Areas of the N. W. F. P. by N. W. F. P., Government Notification No. 127­HD \r\n(TA) III/79­H, dated 26th May, 1979, see N. W. F. P., Government Gazette Ext., 1979, p. 1101. \r\n2Ins. by Act VI of 06, s. 10. \r\n \r\n \r\nPage 3 of 5 \r\n \r\n(b) hadd” means punishment ordained by the Holy Quran or Sunnah; \r\n1(c) * * * * * * * \r\n(d) “Muhsan” means \r\n(i) a Muslim adult man is not insane and has had sexual inter-course with a \r\nMuslim adult woman who , at the time he had sexual inter -course with \r\nher, was married to him and was not insane; or \r\n(ii) a Muslim adult woman who is not insane and has had sexual inter-course \r\nwith a Muslim adult man who, at the time she had sexual inter -course \r\nwith him, was married to her and was not insane; and \r\n1(e) * * * * * * * \r\n1(3) * * * * * * * \r\n \r\n4. Zina. A man and a woman are said to commit ‘zina’ if they willfully have sexual \r\ninter­course without being 1* married to each other. \r\n1* * * * * * * \r\n5. Zina liable to hadd.__ (1) Zina is zina liable to hadd if__ \r\n(a) it is committed by a man who is an adult and is not insane with a woman to \r\nwhom he is not, and does not suspect himself to be, married; or \r\n(b) it is committed by a woman who is an adult and is not insane with a man to \r\nwhom she is not, and does not suspect herself to be, married. \r\n \r\n(2) Whoever is guilty of zina liable to hadd shall, subject to the provisions of this \r\nOrdinance:­ \r\n(a) if he or she is a ‘muhsan’ be stoned to death at a public place; or \r\n(b) if he or she is not a ‘muhsan’ be punished, at a public place, with whipping \r\nnumbering one hundred stripes. \r\n(3) No punishment under sub­section (2) shall be executed until it has been confirmed by \r\nthe Court to which an appeal from the order of conviction lies: and if the punishment be of whipping, \r\nuntil it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced \r\nto simple imprisonment. \r\n2[5A. No case to be converted, lodged or registered under certain provisions. No complaint \r\nof zina under section 5 read with section 203A of the Code of Criminal Procedure, 1898 and no case \r\nwhere an allegation of rape is made shall at any stage be converted into a complaint of \r\n \r\n1Omitted by Act VI of 06, ss. 10­11& 12. \r\n2Ins. by Act VI of 06, s. 12-A. \r\n \r\n \r\nPage 4 of 5 \r\n \r\nfornication under section 468B of the Pakistan Penal Code (Act XLV of 1860) and no complaint of \r\nfornication shall at any stage be converted into a complaint of zina under section 5 of the Offence of \r\nZina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979) or an offence of similar \r\nnature under any other law for the time being in force.]. \r\n16. * * * * * * * \r\n17. * * * * * * * \r\n8. Proof of zina 1[* *] liable to hadd. Proof of Zina 1[* *] liable to hadd shall be in one \r\nof the following forms, namely: \r\n(a) the accused makes before a Court of competent jurisdiction a confession of the \r\ncommission of the offence; or, \r\n(b) at least four Muslim adult male witnesses about whom the Court is satisfied \r\nhaving regard to the requirements of tazkiyah al­shuhood that they are truthful \r\npersons and abstain from major sins ( kabir) give evidence as eye­witnesses of \r\nthe act of penetration necessary to the offence; \r\nProvided that, if the accused is a non­Muslim the eye­witnesses may be non­Muslim. \r\nExplanation.­ In this section “ tazkiyah al­shuhood” means the mode of inquiry adopted by a \r\nCourt to satisfy itself as to the credibility of a witness. \r\n9. Cases in which hadd shall not be enforced. __ (1) In a case in which the offence of \r\n‘zina’ 1[* *] is proved only by the confession of the convict, ‘ hadd’, or such part of it as is yet to be \r\nenforced shall not be enforced if the convict retracts his confession before the hadd or such part is \r\nenforced. \r\n(2) In a case in which the offence of ‘zina’ 1[* *] is proved only by testimony, hadd, or such \r\npart of it as is yet to be enforced. shall not be enforced if any witness resiles from his testimony before \r\nhadd or such part is enforced, so as to reduce the number of eye­witnesses to less than four. \r\n1(3) * * * * * * * \r\n1(4) * * * * * * * \r\n110. * * * * * * * \r\n111 * * * * * * * \r\n112 * * * * * * * \r\n113 * * * * * * * \r\n114 * * * * * * * \r\n115 * * * * * * * \r\n116 * * * * * * * \r\n \r\n1Omitted by Act VI of 06, s. 13,14,15,16 & 17. \r\n \r\nPage 5 of 5 \r\n \r\n \r\n17. Mode of execution of punishment of stoning to death. The punishment of stoning to \r\ndeath awarded under section 5 1[* *] shall be executed in the following manner namely: \r\nSuch of the witnesses who deposed against the convict as may be available shall start stoning him, and \r\nwhile stoning is being carried on, he may be shot dead, whereupon stoning and shooting shall be \r\nstopped. \r\n118 * * * * * * * \r\n119 * * * * * * \r\n20. Application of Code of Criminal Procedure, 1898 and amendment. __ (1) The \r\nprovisions of the Code of Criminal Procedure, 1898 (Act V of 1898), hereafter in this section referred \r\nto as the Code, shall apply, ‘mutatis mutandis’, in respect of cases under this Ordinance: \r\n1* * * * * * * \r\n2[Provided 1[*] that an offence punishable under this Ordinance shall be triable by a Court of \r\nSession and not by a Magistrate authorised under section 30 of the said Code and an appeal from an \r\norder of the Court of Sessions shall lie to the Federal Shariat Court: \r\nProvided further that a trial by a Court of Session under this Ordinance shall ordinarily be held \r\nat the headquarters of the Tehsil in which the offence is alleged to have been committed.] \r\n(2) The provisions of the Code relating to the confirmation of the senten ce of death shall \r\napply, mutatis mutandis, to confirmation of sentences under this Ordinance. \r\n1(3) * * * * * * * \r\n(4) The provisions of sub­section (3) of section 391 or section 393 of the Code shall not \r\napply in respect of the punishment of whipping awarded under this Ordinance. \r\n1(5) * * * * * * * \r\n(6) in the Code, section 561 shall stand repealed. \r\n21. Presiding Officer of Court to be a Muslim. The Presiding Officer of the Court by \r\nwhich a case is tried, or an appeal is heard, under this Ordinance, shall be a Muslim. \r\nProvided that, if the accused is a non­Muslim, the Presiding Officer may be a non­Muslim. \r\n22. Saving. 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