{ "schema_version": "qanun-law-text/1", "id": "pk-code-f3f6c75d46f736bb", "title": "Criminal Law Amendment Act, 1908", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5ppbQ%3D%3D-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": "a9fd1df6d2b94cf0e90b31a40b5b1f03f220ac7c24d8ea2efc0b30764c23bb46", "source_sha256": "a9fd1df6d2b94cf0e90b31a40b5b1f03f220ac7c24d8ea2efc0b30764c23bb46", "text_version_id": "law:pk-code-f3f6c75d46f736bb:sha256:a9fd1df6d2b94cf0e90b31a40b5b1f03f220ac7c24d8ea2efc0b30764c23bb46", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 7 \r\n \r\n \r\n \r\n \r\nTHE CRIMINAL LAW AMENDMENT ACT, 1908 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title and extent \r\nPART II \r\n \r\nUNLAWFUL ASSOCIATIONS \r\n15. Definitions \r\n16. Declaration of an association to be unlawful \r\n17. Penalties \r\n17A. Power to notify and take possession of places used for the purposes of an unlawful \r\nassociation \r\n17B. Moveable property found in a notified place \r\n17C. Trespass upon notified places \r\n17D. The relinquishment of property \r\n17E. Power to forfeit funds of an unlawful association \r\n17F. Jurisdiction barred \r\n18. Continuance of association \r\n \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 7 \r\n \r\nTHE CRIMINAL LAW AMENDMENT ACT, 1908 \r\n1ACT No. XIV OF 1908 \r\n[11th December, 1908] \r\nAn Act to provide for the more speedy trial of certain offences, and for the Prohibition of \r\nassociations dangerous to the public peace. \r\nWHEREAS it is expedient to provide for the more speedy trial of certain offences, and for the \r\nprohibition of associations dangerous to the public peace; It is hereby enacted as follows:- \r\n1. Short title and extent.—(1) This Act may be called the 2* Criminal Law Amendment Act, \r\n1908. \r\n3[(2) It may, at any time, by notification in the official Gazette, be extended by a \r\nProvincial Government to the whole or any part of the Province.] \r\n4* * * * * * * \r\nPART I.—[SPECIAL PROCEDURE.] Rep. by the Indian Criminal Law Amendment \r\nRepealing Act, 1922 (V of 1922), s.3. \r\nPART II \r\n \r\nUNLAWFUL ASSOCIATIONS \r\n15. Definitions. In this Part— (1) “association” means any combination or body of Persons, \r\nwhether the same be known by any distinctive name or not; and \r\n(2) “unlawful association” means an association— \r\n(a) which encourage or aids persons to commit acts of 5[terrorism, stirring up \r\nsectarianism, violence or intimidation which endanger or threaten public order] \r\nor of which the members habitually commit such acts, or \r\n(b) which has been declared to be unlawful by the 6[Provincial Government] under \r\nthe Powers here by conferred. \r\n1For 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. \r\nThe 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 \r\nExcluded 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 \r\nN.W.F.P (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. \r\nIt has been extended to the Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953), as amended. \r\nIt 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. \r\nIt 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 \r\nAreas of Baluchistan, see. Gazette of India, 1937, Pt. I. p. 1499. \r\nIt 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 \r\nof W.P., 1964, Extraordinary, P.73. \r\nFor notification under section 16(1) and 17-A(1) of this Act relating to the cancellation and withdrawal of the Home Departments’ \r\nNotification 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, \r\n1964, Ext. p. 2989. \r\nThis 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 \r\nhad never been rep. by the said Ordinance, see Act VII of 1974. \r\n2The word “Indian” omitted by A.O., 1949. \r\n3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch., for sub -section (2), which had previously \r\nbeen amended by various enactments from time to time. \r\n4Sub-section (3) omitted by the Indian Criminal Law Amendment Repealing Act, 1922 (5 of 1922), s.3. \r\n5Subs. by Act. XXVII of 1997, s.40. \r\n6Subs. by A. O., 1937, for “L. G.” which had been subs. by Devolution Act, 1920 (38 of 1920). \r\n \r\nPage 3 of 7 \r\n \r\n1[16. Declaration of an association to be unlawful.—(1) If either the Federal Government or \r\nthe Provincial Government is of the opinion that an association is an unlawful association it may call \r\nupon the association to show cause within Fourteen days why it should not be declared as unlawful \r\nassociation for the purpose of this Act. \r\n(2) If after hearing the association, the Federal Government or the Provincial Government is of \r\nthe opinion that the association is an unlawful association it may declare such association to be an \r\nunlawful association. \r\n(3) If the Federal Government or the Provincial Government is of the opinion that in the interest \r\nof the maintenance of p ublic order or to prevent injury to the people it is just and necessary to take \r\nimmediate action, it may, pending passing of order under sub -section (2), by an ad interim order, \r\ndeclare an association to be unlawful. \r\n(4) An association aggrieved by an orde r under sub -section (2) may file an appeal before a \r\nBoard appointed by the Chief Justice of the High Court of the Province consisting of a Chairman and \r\ntwo other persons each of whom is or has been a judge of a High Court. \r\n(5) The Board shall decide the ap peal within thirty days and may pass such order as it may \r\ndeem fit.] \r\n3* * * * * * * \r\n17. Penalties. —(1) Whoever is a member of an unlawful association, or takes part in meetings \r\nof any such association, or contributes or receives or solicits any cont ribution for the purpose of any \r\nsuch association, or in any way assists the operations of any such association, shall be punished with \r\nimprisonment for a term which may extend to 1[five years] or with fine, or with both. \r\n(2) Whoever manages or assists in the management of an unlawful association, or promotes or \r\nassists in promoting a meeting of any such association, or of any members thereof as such members, \r\nshall be punished with imprisonment for a term which may extend to 1[seven years], or with fine, or \r\nwith both. \r\n3[(3) An offence under sub-section (1) shall be cognizable by the policy, and notwithstanding \r\nanything contained in the Code of Criminal Procedure, 1898 (V of 1898), shall be non-bailable.] \r\n4[17A. Power to notify and take possession of places used for the purposes of an unlawful \r\nassociation.___(1) The 5[Federal Government or the] 5[Provincial Government] may, by notification in \r\nthe 6[official Gazette], notify any place which in its opinion used for the purposes of an unlawful \r\nassociation. \r\nExplanation.—For the purposes of this section “place” includes a house or building, or part \r\nthereof, or a tent or vessel. \r\n1Subs. by Act. XXVII of 1997, s.40. \r\n2Sub-section (2), which was ins. by the Criminal Law Amendment Act, 1932 (23 of 1932), s.11, omitted by A.O., 1937. \r\n3Sub-section (3) ins. by Act 23 of 1932, s.12. \r\n4Ss. 17A to 17F ins. by the Criminal Law Amendment Act, 1932 (23 of 1932), s.13. \r\nFor 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-\r\nPoll (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, \r\np.2357. \r\n5Subs. by A.O., 1937, for “L.G.”. \r\n6Subs. ibid., for “local official Gazette” \r\n \r\n \r\nPage 4 of 7 \r\n \r\n (2) The District Magistrate 4* * *, or any officer authorised in this behalf in writing by the \r\nDistrict Magistrate 5* * *, as the case may be, may thereupon take possession of the notified place and \r\nevict there from any person found therein and shall forths with make a report of the taking possession \r\nof the 1[Federal Government or the] 2[Provincial Government]; \r\nProvided that where such place contains any apartment occupied by wo men or children, \r\nreasonable time and facilities shall be afforded for their withdrawal with the least possible \r\ninconvenience. \r\n(3) A notified place whereof possession is taken under sub -section (2) shall be deemed to \r\nremain in the possession of Government s o long as the notification under subsection (1) in respect \r\nthereof remains in force. \r\n117B. Moveable property found in a notified place. —(1) The District Magistrate 6* * * or \r\nofficer taking Possession of a notified place shall also take possession of all moveable property found \r\ntherein, and shall make a list thereof in the presence of two respectable witnesses. \r\n(2) If, in the opinion of the District Magistrate, 4* * *, any articles specified in the list are or \r\nmay be used for the purposes of the unlawful association, he may proceed subject to the provisions \r\nhereafter contained in this section to order such articles to be forfeited to 7[Government]. \r\n(3) All other articles specified in the list shall be delivered to the person whom he considers to \r\nbe entitled to possession thereof, or, if no such person is found, shall be disposed of in such manner as \r\nthe District Magistrate 8* * *, may direct. \r\n(4) The District Magistrate 9* * * shall publish, as nearly as may be in the manner \r\nprovided in section 87 of the Code of Criminal Procedure, 1898 (V of 1898), for the publication \r\nof a proclamation, a notice specifying the articles which it is proposed to forfeit and calling upon any \r\nperson claiming that any article is not liable to forfeiture to submit in writing within fifteen days any \r\nrepresentation he desires to make against the forfeiture of the article. \r\n(5) Where any such representation is accepted by the District Magistrate 9* * * he shall deal \r\nwith the article concerned in accordance with the provisions of sub-section (3). \r\n(6) Where any such representation is rejected, the representation, with the decision thereon, \r\nshall be forwarded to the District Judge, 10* * * and no order of forfeiture shall be made until the \r\nDistrict Judge 11* * * has adjudicated upon the representation. Where the decision is not confirmed the \r\narticles shall be dealt with in accordance with the provisions of sub-section (3). \r\n(7) In making an adjudicating under sub -section (6) the procedure to be followed shall be the \r\nprocedure laid down in the Code of Civil Procedure, 1908 (V of), for the investigation of claims so far \r\nas it can be made to apply, and the decision of the District Judge 11* * *, shall be final. \r\n1Subs. by Act XXVII of 1997, s.40. \r\n2Subs. by A.O., 1937, for “L.G.”. \r\n3Subs. ibid., for “local official Gazette” \r\n4The words “or in a Presidency-town the Commissioner of Police” omitted by A.O., 1949. \r\n5The words “or Commissioner of Police” omitted, ibid. \r\n6The words “Commissioner of Police” omitted, ibid. \r\n7Subs. by A.O., 1961, Art.2 and Sch., for “His Majesty” (with effect from the 23rd March, 1956). \r\n8The words “or Commissioner of Police, as the case may be” omitted by A.O., 1949. \r\n9The words “or Commissioner of Police” repealed by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch. \r\n10Certain words omitted by A.O., 1949. \r\n11The words “or Chief Judge of the Small Cause Court, as the case may be” omitted, ibid. \r\n \r\n \r\nPage 5 of 7 \r\n \r\n (8) If the article seized is livestock or is of a perishable nature, the D istrict Magistrate 1* * *, \r\nmay, if he thinks it expedient, order the immediate sale thereof, and the proceeds of the sale shall be \r\ndisposed of in the manner herein provided for the disposal of other articles. \r\n217C. Trespass upon notified places. Any person who enters or remains upon a notified place \r\nwithout the permission of the District Magistrate, or of an officer authorised by him in this behalf, shall \r\nbe deemed to commit criminal trespass. \r\n217D. The relinquishment of property. Before a notification under sub-section (1) of section \r\n17A is cancelled, the 3[Federal Government or the] 4[Provincial Government] shall give such general \r\nor special directions as it may deem requisite regulating the relinquishment by G overnment or \r\npossession of notified places. \r\n217E. Power to forfeit funds of an unlawful association. —(1) Where the 3[Federal \r\nGovernment or the] 4[Provincial Government] is satisfied, after such inquiry as it may think fit, that \r\nany monies, securities or cr edits are being used or are intended to be used for the purposes of an \r\nunlawful association, the 3[Federal Government or the] 4[Provincial Government] may, by order in \r\nwriting, declare such monies, securities or credits to be forfeited to 5[Government]. \r\n(2) A copy of an order under sub -section (1) may be served on the person having custody of \r\nthe monies, securities or credits, and on the service of such copy such person shall pay or deliver the \r\nmonies, securities or credits to the order of t he 3[Federal Government or the] 4[Provincial \r\nGovernment]: \r\nProvided that, in the case of monies or securities, a copy of the order may be endorsed for \r\nexecution to such officer as the 3[Federal Government or the] 4[Provincial Government] may select, \r\nand such officer shall have power to enter upon and search for such monies and securities in any \r\npremises where they may reasonably be suspected to be, and to seize the same. \r\n(3) Before an order of forfeiture is made under sub -section (1) the 3[Federal Government or \r\nthe] 4[Provincial Government] shall give written notice to the person (if any) in whose custody the \r\nmonies, securities or credits are found of its intention to forfeit, and any person aggrieved there by may \r\nwithin fifteen days from the issue of such no tice file an application to the District Judge 6* * *, to \r\nestablish that the monies, securities or credits or any of them are not liable to forfeiture, and if any \r\nsuch application is made, no order of forfeiture shall be passed in respect of the monies, securities or \r\ncredits concerned until such application has been disposed of and unless the District Judge 7* * *has \r\ndecided that the monies securities or credits are liable to forfeiture. \r\n(4) In disposing of an application under sub -section (3) the procedure to be followed shall be \r\nthe procedure laid down in the Code of Civil Procedure, 1908 (V of 1908), for the investigation of \r\nclaims so far as it can be made to apply, and the decision of the District Judge 8* * *, shall be final. \r\n \r\n \r\n1The words “or Commissioner of Police” omitted, ibid. \r\n2Ss. 17A to 17F ins. by the Criminal Law Amendment Act, 1932, (23 of 1932), s. 13 \r\n3Subs. by Act. XXVII of 1997, s.40. \r\n4Subs. by A.O., 1937, for “L.G.”. \r\n5Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty” (with effect from the 23rd, March, 1956). \r\n6The words “in a District, or to the Chief Judge of the Small Cause Court in a Presidency-town” omitted by A.O., 1949. \r\n7The words “or Chief Judge of the Small Cause Court” omitted by A.O., 1949. \r\n8The words “or Chief Judge of the Small Cause, Court as the case may be” omitted, ibid. \r\n \r\n \r\nPage 6 of 7 \r\n \r\n (5) Where the 1[Federal Government or the] 2[Provincial Government] has reason to believe \r\nthat any person has custody of any monies, securities or credits which are being used or are intended \r\nto be used for the purposes of an unlawful association, the 1[Federal Government or the] 2[Provincial \r\nGovernment] may by order in writing, prohibit such person from paying, delivering, transferring or \r\notherwise dealing in any manner whatsoever with the same, save in accordance with the written orders \r\nof the 1[Federal Government or the] \r\n2[Provincial Government]. A copy of such order shall be served upon the person to whom it is \r\ndirected. \r\n(6) The 1[Federal Government or the] 2[Provincial Government] may endorse a copy of an \r\norder under 3[sub-section (5)] for investigation to any officer it may select, and such copy shall be \r\nwarrant where under such officer may enter upon any premises of the person t o whom the order is \r\ndirected, examine the books of such person, search for monies and securities, and make inquiries from \r\nsuch person, or any officer, agent or servant of such person touching the origin of and dealings in any \r\nmonies, securities or credits which the investigating officer may suspect are being used or are intended \r\nto be used for the purposes of an unlawful association. \r\n(7) A copy of an order under this section may be served in the manner provided in the Code of \r\nCriminal Procedure, 1898 (V of 1998), for the service of a summons, or, where the person to be served \r\nis a Corporation, company, bank or association of persons, it may be served on any secretary, director \r\nor other officer or person concerned with the management thereof, or by leaving it or sending it by \r\npost addressed to the corporation, company, bank or association at its registered office, or, where there \r\nis no registered office at the place where it carries on business. \r\n(8) Where an order of forfeiture is made under sub -section (1) in respect of any monies, \r\nsecurities or credits in respect of which a prohibitory order has been made under 4[sub-section (5)], \r\nsuch order of forfeiture shall have effect from the date of the prohibitory order, and the person to whom \r\nthe prohibitory order was directed shall payor deliver the whole of the monies, securities, or credits \r\nforfeited, to the order of the 1[Federal Government or the] 2[Provincial Government] \r\n(9) Where any person liable under this section to payor deliver any monies, securities, or credits \r\nto the order of the 1[Federal Government or the] 2[Provincial Government] refuses or fails to comply \r\nwith any direction of the 1[Federal Government or the] 2[Provincial Government] in this behalf , the \r\n1[Federal Government or the] 2[Provincial Government] may recover from such person, as arrears of \r\nland revenue or as a fine, the amount of such monies or credits or the market value of such securities. \r\n(10) In this section, “security” includes a document whereby any person acknowledges that he \r\nis under a legal liability to pay money, or where under any person obtains a legal right to the payment \r\nof money; and the market value of any security means the value as fixed by any officer or person \r\ndeputed by the 1[Federal Government or the] 3[Provincial Government] in this behalf. \r\n(11) Except so far as is necessary for the purposes of any proceeding under this section, no \r\ninformation obtained in the course of any investigation made under sub-section (6) shall be divulged \r\nby any officer of Government, without the consent of the 1[Federal Government or the] 2[Provincial \r\nGovernment]. \r\n \r\n1Subs. by Act XXVII of 1997, s.40. \r\n2Subs. by A.O., 1937, for “L. G.”. \r\n3Subs. by the Repealing and Amending Act, 1934 (24 of 1934), s. 2 and First Sch., for “sub-section (3)”. \r\n4Subs. by the Repealing and Amending Act, 1934 (24 of 1934), 2 and First Sch., for “sub-section (3)”. \r\n \r\nPage 7 of 7 \r\n \r\n117F. Jurisdiction barred. Every report of the taking possession of property and every \r\ndeclaration of forfeiture made, or purporting to be made, under this Act, shall, as against all persons, \r\nbe conclusive proof that the property specified therein has been taken possession of by Government or \r\nhas been forfeited, as the case may be, and save as provided in sections 17B and 17E no proceeding \r\npurporting to be taken under section I7A, \r\n17B, 17C, I7D, or 17E shall be called in question by any Court, and no civil or criminal \r\nproceeding shall be instituted against any person for anything in good faith done or intended to be done \r\nunder the said sections or against Government or any person acting on behalf of or by authority of \r\nGovernment for any loss or damage caused to or in re spect of any property whereof possession has \r\nbeen taken by Government under this Act.] \r\n18. Continuance of association. An association shall not be deemed to have ceased to exist \r\nby reason only of any formal act of dissolution or change of title, but shall be deemed to continue so \r\nlong as any actual combination for the purposes of such association continues between any members \r\nthereof. \r\nTHE SCHEDULE.-Rep. by the Indian Criminal Law Amendment Repealing Act, 1922 (V of \r\n1922), s. 3. \r\n \r\n_____________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 11-09-2024 \r\n1Ss. 17A to 17F ins. by the Criminal Law Amendment Act, 1932, (23 of 1932), s. 13", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-f3f6c75d46f736bb:sha256:a9fd1df6d2b94cf0e90b31a40b5b1f03f220ac7c24d8ea2efc0b30764c23bb46:chars-0-1770:da7eea6ae35467fbb1329c32afeb602930da8809f33fcc256ca5790fc478e7c0", "character_start": 0, "character_end": 1770, "utf8_byte_start": 0, "utf8_byte_end": 1786, "passage_sha256": 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