Execution of the Punishment of Whipping Ordinance, 1979

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THE EXECUTION OF THE PUNISHMENT OF WHIPPING 
ORDINANCE, 1979 
 
 
 
 
                             
 
 
 
 
CONTENTS 
 
1.  Short title, extent, application and commencement 
2. Definitions 
3. Ordinance to override other laws 
4. Specifications of whip 
5. The conditions and mode of execution of punishment of whipping 
6.  Custody of convict pending execution of punishment, etc. 
7. Power to make rules 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
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THE EXECUTION OF THE PUNISHMENT OF WHIPPING ORDINANCE, 
1979 
1ORDINANCE NO. IX OF 1979 
[10th February, 1979] 
 
An Ordinance to make provision relating to the execution of the punishment of whipping. 
 
WHEREAS it is expedient to make provision relating to the executio n of the punishment of 
whipping; 
 
AND WHEREAS the President is satisfied that circumstances exist which render it necessary 
to take immediate action; 
 
NOW THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read 
with the Laws (Continuance in Force) Order, 1977 , (C.M.L.A. Order No. I of 1977) , and in exercise 
of all powers enabling  him in that behalf, the President is pleased to make and promulgate the 
following Ordinance:— 
 
1. Short title, extent, application and commencement. —(1) This Ordinance may be called 
the Execution of the Punishment of Whipping Ordinance, 1979. 
 
(2) It extends to the whole of Pakistan. 
 
(3) It applies to the execution of the punishment of whipping imposed under any 
law for the time being in force. 
 
(4) It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that 
is, the tenth day of February, 1979. 
 
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context, 
“authorized medical officer” means a medical officer, howsoever designated, authorized by 
Government. 
  
3. Ordinance to override other laws.  The prov isions of this Ordinance shall have effect 
notwithstanding anything contained in any other law the time being in force. 
 
4. Specifications of whip. The whip, excluding its handle, shall be of one single piece and 
preferably be made of leather, or a ca ne or a Branch of a tree, having no knob or joint on it, and its 
length and thickness shall not exceed 1.22 meters and 1.25 cm. respectively. 
 
 
 
 
1This Ordinance has been applied to the Provincially Administered Tribal Areas of Baluchistan, by Baluchistan Govt.  Notification No.  
S.O.(TA)3(46)/79, dated 29-4-1979, see Baluchistan Gazette, 1979, Ext. (Issue No. 58), dated 14-6-1979. 
 
This Ordinance has been applied to the Federally Administered Tribal Areas, by S. R. O. No. 362 (I)/79, dated 23-4-1979, see Gaz. of P., 1979, Ext.. Pt. 
II, p. 632. 
 
This Ordinance has been applied to the Provincially Administered Tribal Areas of the N.W.FP. by N.W.F.P. Government Notification No. 127-HD (TA 
III / 79-II. dated the 26th May. 1979, see N.W.F.P., Government Gazette, Ext., 1979, p. 1101. 
 
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5. The conditions and mode of execution of punishment of whipping.  The following 
provisions shall apply to the execution of the punishment of whipping, namely:— 
 
(a) before the execution of the punishment commences, the convict shall be 
medically examined by the authorized medical officer so as to ensure that the 
execution of the punishment will not cause the death of the convict; 
 
(b) if the convict is too old or too weak, having regard to the sentence of whipping 
awarded, the number of str ipes shall be applied in such manner and with such 
intervals that the execution of the punishment does not cause his death. 
  
(c) if the convict is ill, the execution of the punishment shall be postponed until 
the convict is certified by the authorized med ical officer to be physically fit to 
undergo the punishment; 
 
(d) if the convict is a woman who is pregnant, the execution of the punishment 
shall be postponed until the expiration of a period of two months after the birth 
of the child or miscarriage, as the case may be; 
 
(e) if, at the time of the execution of the punishment, the weather is too cold or 
too hot, the execution shall be postponed until the weather has become 
normal;  
 
(f) the punishments shall be executed in the presence of the authorized med ical 
officer at such public place as  1*  *  * the Provincial Government may appoint 
for the purpose; 
 
(g) the person appointed to execute the punishment shall be impartial and of 
mature understanding; 
 
(h) he shall apply the whip with moderate force without raising his hand above his 
head so as not to lacerate the skin of the convict; 
  
(i) after he has applied a stripe , he shall rise the whip aloft and shall not pull it 
off; 
 
(j) the stripes shall be spread over the body of the convict, so , however, that the 
stripes shall not be applied on the head, face, stomach or chest or the delicate 
parts of the body of the convict; 
 
(k) such clothes of the convict shall be left on the body of the convict as are 
required by the Injunctions of Islam to be put on; 
 
(l) the stripes shall be applied, in the case of a male, while he is standing and, in 
the case of a female, while she is sitting; and 
 
(m) if, after the execution of the punishment has commenced the authorized 
medical officer is of the opinion that there is ap prehension of the death of the 
convict, the execution of the punishment shall be postponed until the 
authorized medical officer certifies him physically fit to undergo the 
remainder of the punishment. 
 
1Omitted by the Execution of the Punishment of Whipping (Amdt.) Ordinance, 1984 (I of 1984). s.2.  
 
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 6. Custody of convict pending execution of punishment, etc. —(1) In the case of a convict 
to whom only the punishment of whipping has been awarded, he shall until the execution of the 
punishment is completed, be dealt with as if sentenced to simple imprisonment. 
 
(2) If, in the opinion of the authorized medical officer, a convict cannot, because of old age, 
ill-health or for any other reason , undergo the whole or any part of the punishment of whipping, the 
case shall be referred to the Court which may order the execution of the punishment in such manner 
as it may deem fit. 
 
7. Power to make rules.  The Provincial Government may, b y notification in the official 
Gazette, make rules for the purpose of carrying into effect the provisions of this Ordinance.