Criminal Law Amendment Act, 1908

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THE CRIMINAL LAW AMENDMENT ACT, 1908 
 
 
 
 
CONTENTS 
1.  Short title and extent 
PART II 
 
UNLAWFUL ASSOCIATIONS 
15.  Definitions 
16.  Declaration of an association to be unlawful 
17.  Penalties 
17A.  Power to notify and take possession of places used for the purposes of an unlawful 
association 
17B.  Moveable property found in a notified place 
17C.  Trespass upon notified places 
17D.  The relinquishment of property 
17E.  Power to forfeit funds of an unlawful association 
17F.  Jurisdiction barred 
18.  Continuance of association 
 
 
  
 
 

 
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THE CRIMINAL LAW AMENDMENT ACT, 1908 
1ACT No. XIV OF 1908 
[11th December, 1908] 
An Act to provide for the more speedy trial of certain offences, and for the Prohibition of 
associations dangerous to the public peace. 
WHEREAS it is expedient to provide for the more speedy trial of certain offences, and for the 
prohibition of associations dangerous to the public peace; It is hereby enacted as follows:- 
1. Short title and extent.—(1) This Act may be called the 2* Criminal Law Amendment Act, 
1908. 
3[(2) It may, at any time, by notification in the official Gazette, be extended by a 
Provincial Government to the whole or any part of the Province.] 
4*  *  *  *  *  *  *  
PART I.—[SPECIAL PROCEDURE.] Rep. by the Indian Criminal Law  Amendment 
Repealing Act, 1922 (V of 1922), s.3. 
PART II 
 
UNLAWFUL ASSOCIATIONS 
15. Definitions. In this Part— (1) “association” means any combination or body of Persons, 
whether the same be known by any distinctive name or not; and 
(2) “unlawful association” means an association— 
(a)  which encourage or aids persons to commit acts of 5[terrorism, stirring up  
sectarianism, violence or intimidation which endanger or threaten public order] 
or of which the members habitually commit such acts, or 
(b)  which has been declared to be unlawful by the 6[Provincial Government] under 
the Powers here by conferred. 
1For Statement of Objects and Reasons, see Gazette of India, 1908, Pt. IV, p.203; and for Proceedings in Council, see ibid., Pt. VI, p. 158. 
The Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., and the 
Excluded Area of Upper Tanawal (N.W.F.P) other than Phulera with effect from such date and subject to such modifications as m ay be notified, see 
N.W.F.P (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
It has been extended to the Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953), as amended. 
It has been applied to the Baluchistan, by the Baluchistan Laws Reg. 1913 (2 of 1913), s.3 as amended by Reg. No. 9 of 1940. 
It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated 
Areas of Baluchistan, see. Gazette of India, 1937, Pt. I. p. 1499. 
It has also been extended to the whole of the Province of West Pakistan by Notification No. S.O. Spl. 1(1)/64, dated. 6th January, 1964, see the Gazette 
of W.P., 1964, Extraordinary, P.73. 
For notification under section 16(1) and 17-A(1) of this Act relating to the cancellation and withdrawal of the Home Departments’ 
Notification No. S.O.Spl. 1(2)/64, dated. 6th January, 1964 in respect of Jammat -i-Islami as the unlawful association see the Gazette of West  Pakistan, 
1964, Ext. p. 2989. 
This Act, which was rep. by Ordinance 29 of 1973, s.21, shall stand revived and shall have effect and shall be deemed always to have had effect as if it 
had never been rep. by the said Ordinance, see Act VII of 1974. 
2The word “Indian” omitted by A.O., 1949. 
3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch., for sub -section (2), which had previously 
been amended by various enactments from time to time. 
4Sub-section (3) omitted by the Indian Criminal Law Amendment Repealing Act, 1922 (5 of 1922), s.3. 
5Subs. by Act. XXVII of 1997, s.40. 
6Subs. by A. O., 1937, for “L. G.” which had been subs. by Devolution Act, 1920 (38 of 1920). 
 
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1[16. Declaration of an association to be unlawful.—(1) If either the Federal Government or 
the Provincial Government is of the opinion that an association is an unlawful association it may call 
upon the association to show cause within Fourteen days why it should  not be declared as unlawful 
association for the purpose of this Act. 
(2) If after hearing the association, the Federal Government or the Provincial Government is of 
the opinion that the association is an unlawful association it may declare  such association to be an 
unlawful association. 
(3) If the Federal Government or the Provincial Government is of the opinion that in the interest 
of the maintenance of p ublic order or to prevent injury to the people it is just and  necessary to take 
immediate action, it may, pending passing of order under sub -section (2),  by an ad interim order, 
declare an association to be unlawful. 
(4) An association aggrieved by an orde r under sub -section (2) may file an appeal  before a 
Board appointed by the Chief Justice of the High Court of the Province consisting of  a Chairman and 
two other persons each of whom is or has been a judge of a High Court. 
(5) The Board shall decide the ap peal within thirty days and may pass such order as it  may 
deem fit.] 
3*  *  *  *  *  *  * 
17. Penalties. —(1) Whoever is a member of an unlawful association, or takes part in meetings 
of any such association, or contributes or receives or solicits any cont ribution for the purpose of any 
such association, or in any way assists the operations of any such  association, shall be punished with 
imprisonment for a term which may extend to 1[five years] or with fine, or with both. 
(2) Whoever manages or assists in the management of an unlawful association, or promotes or 
assists in promoting a meeting of any such association, or of any members  thereof as such members, 
shall be punished with imprisonment for a term which may extend  to 1[seven years], or with fine, or 
with both. 
3[(3) An offence under sub-section (1) shall be cognizable by the policy, and  notwithstanding 
anything contained in the Code of Criminal Procedure, 1898 (V of 1898), shall be non-bailable.] 
4[17A. Power to notify and take possession of places used for the purposes of an unlawful 
association.___(1) The 5[Federal Government or the] 5[Provincial Government] may, by notification in 
the 6[official Gazette], notify any place which in its opinion used for  the purposes of an unlawful 
association. 
Explanation.—For the purposes of this section “place” includes a house or building,  or part 
thereof, or a tent or vessel. 
1Subs. by Act. XXVII of 1997, s.40. 
2Sub-section (2), which was ins. by the Criminal Law Amendment Act, 1932 (23 of 1932), s.11, omitted by A.O., 1937. 
3Sub-section (3) ins. by Act 23 of 1932, s.12. 
4Ss. 17A to 17F ins. by the Criminal Law Amendment Act, 1932 (23 of 1932), s.13. 
For notification under section 16(1) and 17A (1) of this Act relating to the cancellation and wit hdrawal of the Home Department’s notification No. 15-
Poll (III) and 16-Poll (III), dated 6th January, 1964, in respect of Jamat-e-Islami as an unlawful association, see the Dacca Gazette, 1964, Extraordinary, 
p.2357. 
5Subs. by A.O., 1937, for “L.G.”. 
6Subs. ibid., for “local official Gazette” 
 
 
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 (2) The District Magistrate 4* * *, or any officer authorised in this behalf in writing  by the 
District Magistrate 5* * *, as the case may be, may thereupon take possession of the notified place and 
evict there from any person found therein and shall forths with make a report of the taking possession 
of the 1[Federal Government or the] 2[Provincial Government]; 
Provided that where such place contains any apartment occupied by wo men or  children, 
reasonable time and facilities shall be afforded for their withdrawal with the least  possible 
inconvenience. 
(3) A notified place whereof possession is taken under sub -section (2) shall be  deemed to 
remain in the possession of Government s o long as the notification under subsection  (1) in respect 
thereof remains in force. 
117B. Moveable property found in a notified place. —(1) The District Magistrate 6* * * or 
officer taking Possession of a notified place shall also take possession of all moveable property found 
therein, and shall make a list thereof in the presence of two respectable witnesses. 
(2) If, in the opinion of the District Magistrate, 4* * *, any articles specified in the  list are or 
may be used for the purposes of the unlawful association, he may proceed subject  to the provisions 
hereafter contained in this section to order such articles to be forfeited to 7[Government].  
(3) All other articles specified in the list shall be delivered to the person whom he considers to 
be entitled to possession thereof, or, if no such person is found, shall be disposed of in such manner as 
the District Magistrate 8* * *, may direct. 
(4) The District Magistrate 9* * * shall publish, as nearly as may be in the manner 
provided in section 87 of the Code of Criminal Procedure, 1898 (V of 1898), for the publication 
of a proclamation, a notice specifying the articles which it is proposed to forfeit  and calling upon any 
person claiming that any article is not liable to forfeiture to submit in  writing within fifteen days any 
representation he desires to make against the forfeiture of the article. 
(5) Where any such representation is accepted by the District Magistrate 9* * * he  shall deal 
with the article concerned in accordance with the provisions of sub-section (3).  
(6) Where any such representation is rejected, the representation, with the decision  thereon, 
shall be forwarded to the District Judge, 10* * * and no order of forfeiture shall be  made until the 
District Judge 11* * * has adjudicated upon the representation. Where the decision is not confirmed the 
articles shall be dealt with in accordance with the provisions of sub-section (3). 
(7) In making an adjudicating under sub -section (6) the procedure to be followed  shall be the 
procedure laid down in the Code of Civil Procedure, 1908 (V of), for the investigation of claims so far 
as it can be made to apply, and the decision of the District Judge 11* * *, shall be final. 
1Subs. by Act XXVII of 1997, s.40. 
2Subs. by A.O., 1937, for “L.G.”. 
3Subs. ibid., for “local official Gazette” 
4The words “or in a Presidency-town the Commissioner of Police” omitted by A.O., 1949. 
5The words “or Commissioner of Police” omitted, ibid. 
6The words “Commissioner of Police” omitted, ibid. 
7Subs. by A.O., 1961, Art.2 and Sch., for “His Majesty” (with effect from the 23rd March, 1956). 
8The words “or Commissioner of Police, as the case may be” omitted by A.O., 1949. 
9The words “or Commissioner of Police” repealed by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch. 
10Certain words omitted by A.O., 1949. 
11The words “or Chief Judge of the Small Cause Court, as the case may be” omitted, ibid. 
 
 
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 (8) If the article seized is livestock or is of a perishable nature, the D istrict Magistrate 1* * *, 
may, if he thinks it expedient, order the immediate sale thereof, and the proceeds  of the sale shall be 
disposed of in the manner herein provided for the disposal of other articles. 
217C. Trespass upon notified places. Any person who enters or remains upon a notified place 
without the permission of the District Magistrate, or of an officer authorised by him in this behalf, shall 
be deemed to commit criminal trespass. 
217D. The relinquishment of property. Before a notification under sub-section (1) of section 
17A is cancelled, the 3[Federal Government or the] 4[Provincial Government] shall give such general 
or special directions as it may deem requisite regulating the relinquishment  by G overnment or 
possession of notified places. 
217E. Power to forfeit funds of an unlawful association. —(1) Where the 3[Federal 
Government or the] 4[Provincial Government] is satisfied, after such inquiry as it may think  fit, that 
any monies, securities or cr edits are being used or are intended to be used for the  purposes of an 
unlawful association, the 3[Federal Government or the] 4[Provincial Government] may, by order in 
writing, declare such monies, securities or credits to be forfeited to 5[Government]. 
(2) A copy of an order under sub -section (1) may be served on the person having  custody of 
the monies, securities or credits, and on the service of such copy such person shall  pay or deliver the 
monies, securities or credits to the order of t he 3[Federal Government or  the] 4[Provincial 
Government]: 
Provided that, in the case of monies or securities, a copy of the order may be endorsed  for 
execution to such officer as the 3[Federal Government or the] 4[Provincial Government] may select, 
and such officer shall have power to enter upon and search for such monies and  securities in any 
premises where they may reasonably be suspected to be, and to seize the same. 
(3) Before an order of forfeiture is made under sub -section (1) the 3[Federal Government or 
the] 4[Provincial Government] shall give written notice to the person (if any)  in whose custody the 
monies, securities or credits are found of its intention to forfeit, and any person aggrieved there by may 
within fifteen days from the issue of such no tice file an  application to the District Judge 6* * *, to 
establish that the monies, securities or credits or  any of them are not liable to forfeiture, and if any 
such application is made, no order of  forfeiture shall be passed in respect of the monies, securities or 
credits concerned until such application has been disposed of and unless the District Judge 7* * *has 
decided that the monies securities or credits are liable to forfeiture. 
(4) In disposing of an application under sub -section (3) the procedure to be followed shall be 
the procedure laid down in the Code of Civil Procedure, 1908 (V of 1908), for the  investigation of 
claims so far as it can be made to apply, and the decision of the District Judge 8* * *, shall be final. 
 
 
1The words “or Commissioner of Police” omitted, ibid. 
2Ss. 17A to 17F ins. by the Criminal Law Amendment Act, 1932, (23 of 1932), s. 13 
3Subs. by Act. XXVII of 1997, s.40. 
4Subs. by A.O., 1937, for “L.G.”. 
5Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty” (with effect from the 23rd, March, 1956). 
6The words “in a District, or to the Chief Judge of the Small Cause Court in a Presidency-town” omitted by A.O., 1949. 
7The words “or Chief Judge of the Small Cause Court” omitted by A.O., 1949. 
8The words “or Chief Judge of the Small Cause, Court as the case may be” omitted, ibid. 
 
 
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  (5) Where the 1[Federal Government or the] 2[Provincial Government] has reason to  believe 
that any person has custody of any monies, securities or credits which are being used or are intended 
to be used for the purposes of an unlawful association, the 1[Federal Government or the] 2[Provincial 
Government] may by order in writing, prohibit such person  from paying, delivering, transferring or 
otherwise dealing in any manner whatsoever with the same, save in accordance with the written orders 
of the 1[Federal Government or the] 
2[Provincial Government]. A copy of such order shall be served upon the person to whom it is 
directed. 
(6) The 1[Federal Government or the] 2[Provincial Government] may endorse a copy  of an 
order under 3[sub-section (5)] for investigation to any officer it may select, and such  copy shall be 
warrant where under such officer may enter upon any premises of the person t o whom the order is 
directed, examine the books of such person, search for monies and securities, and make inquiries from 
such person, or any officer, agent or servant of such person touching the origin of and dealings in any 
monies, securities or credits which the investigating officer may suspect are being used or are intended 
to be used for the purposes of an unlawful association. 
(7) A copy of an order under this section may be served in the manner provided in the Code of 
Criminal Procedure, 1898 (V of 1998), for the service of a summons, or, where the person to be served 
is a Corporation, company, bank or association of persons, it may be served on any secretary, director 
or other officer or person concerned with the management  thereof, or by leaving it  or sending it by 
post addressed to the corporation, company, bank or association at its registered office, or, where there 
is no registered office at the place where it carries on business. 
(8) Where an order of forfeiture is made under sub -section (1) in  respect of any  monies, 
securities or credits in respect of which a prohibitory order has been made under  4[sub-section (5)], 
such order of forfeiture shall have effect from the date of the prohibitory order, and the person to whom 
the prohibitory order was directed shall payor deliver the  whole of the monies, securities, or credits 
forfeited, to the order of the 1[Federal Government or the] 2[Provincial Government] 
(9) Where any person liable under this section to payor deliver any monies, securities, or credits 
to the order of the 1[Federal Government or the] 2[Provincial Government] refuses or fails to comply 
with any direction of the 1[Federal Government or the] 2[Provincial Government] in this behalf , the 
1[Federal Government or the] 2[Provincial Government] may recover from such person, as arrears of 
land revenue or as a fine, the amount of such monies or credits or the market value of such securities. 
(10) In this section, “security” includes a document whereby any person acknowledges that he 
is under a legal liability to pay money, or where under any person obtains a legal right to the payment 
of money; and the market value of any security means the  value as fixed by any officer or person 
deputed by the 1[Federal Government or the] 3[Provincial Government] in this behalf. 
(11) Except so far as is necessary for the purposes of any proceeding under this  section, no 
information obtained in the course of any investigation made under sub-section (6) shall be divulged 
by any officer of Government, without the consent of the 1[Federal Government or the] 2[Provincial 
Government]. 
 
1Subs. by Act XXVII of 1997, s.40. 
2Subs. by A.O., 1937, for “L. G.”. 
3Subs. by the Repealing and Amending Act, 1934 (24 of 1934), s. 2 and First Sch., for “sub-section (3)”. 
4Subs. by the Repealing and Amending Act, 1934 (24 of 1934), 2 and First Sch., for “sub-section (3)”. 
 
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117F. Jurisdiction barred. Every report of the taking possession of property and  every 
declaration of forfeiture made, or purporting to be made, under this Act, shall, as  against all persons, 
be conclusive proof that the property specified therein has been taken possession of by Government or 
has been forfeited, as the case may be, and  save as provided in sections 17B and 17E no proceeding 
purporting to be taken under section I7A, 
17B, 17C, I7D, or 17E shall be called in question by any Court, and no civil or criminal  
proceeding shall be instituted against any person for anything in good faith done or intended to be done 
under the said sections or against Government or any person acting on  behalf of or by authority of 
Government for any loss or damage caused to or in re spect of any property whereof possession has 
been taken by Government under this Act.] 
18. Continuance of association. An association shall not be deemed to have ceased  to exist 
by reason only of any formal act of dissolution or change of title, but shall be deemed to continue so 
long as any actual combination for the purposes of such association continues  between any members 
thereof. 
THE SCHEDULE.-Rep. by the Indian Criminal Law Amendment Repealing Act, 1922 (V of 
1922), s. 3. 
 
_____________ 
 
 
 
 
 
 
 
 
 
 
 
Date: 11-09-2024 
1Ss. 17A to 17F ins. by the Criminal Law Amendment Act, 1932, (23 of 1932), s. 13