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  "title": "MURDEROUS OUTRAGES ACT, 1867",
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  "text": "THE MURDEROUS OUTRAGES ACT, 1867 \r\n(XXIII of 1867) \r\nCONTENTS \r\n1. Power to extend Act to any part of the Punjab \r\n2. Punishment of fanatics murdering or attempting to murder \r\n3. Repealed  \r\n4. Forfeiture of property of fanatics killed in committing outrages \r\npunishable under Act \r\n5. Trial before Sessions Judge or Commissioner \r\n6. Trial to be with aid of assessors \r\n7. What the judgment is to specify \r\n8. Disposal of bodies of criminals \r\n9. Proceedings to be reported to Provincial Government \r\n10. No appeal from orders or sentences under Act \r\n11. Procedure in cases not contemplated by Act \r\n12. Provincial Government's powers as to confinement of persons under \r\nAct \r\n13. Power of Magistrate as to persons suspected \r\n14. Exercise of jurisdiction conferred by Act \r\n15. Power to withdraw cases from operation of Act \r\n16. Power of [High Court] to issue circular orders  \r\n17. Repealed \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB MURDEROUS OUTRAGES ACT, 1867 \r\n(XXIII of 1867) \r\n[23rd March, 1867] \r\nAn \r\nAct \r\nfor the suppression of murderous outrages in certain districts of \r\n2\r\n[the Punjab]. \r\nPreamble.– WHEREAS in certain districts of \r\n3\r\n[the Punjab] fanatics have frequently \r\nmurdered or att empted to murder servants of the \r\n4\r\n[State] and other persons: and \r\nwhereas the general law of the country is not adequate to suppress such offences; it is \r\nhereby enacted as follows:– \r\n1. Power to extend Act to any part of the Punjab .– It shall be lawful for t he \r\n5\r\n[Provincial Government]  \r\n6\r\n[****] \r\n7\r\n[***] by a proclamation published in the official \r\nGazette, from time to time to declare any part or parts of the territories \r\n8\r\n[within the \r\n                                                 \r\n1For Statement of Objects and Reasons, see Gazette of India, dated 5 th January, 1867; for Proceedings in \r\nCouncil see ibid, Supplement, dated 12 th January, 1867, pp. 3 and 5; 16 th February, p. 73; 23rd February, p. 131; \r\n2nd March, pp. 147 and 154; and 23rd March, pp. 233 and 241. \r\nThis Act was published in the Gazette of India, dated 23.3.1867, pages 544-545. \r\n2Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and \r\npublished in Gazette of Pakistan, (Extraordinary) , Part-I, dated 1.8.1975, pages 435 -467, see Article 2 & \r\nSchedule. Earlier substituted for the words “the Pun jab” by the Central Laws (Statute Reform) Ordinance, 1960 \r\n(XXI of 1960); and published in Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and 2nd \r\nSchedule (w.e.f 14.10.1955). \r\n3Substituted, for the words “West Pakistan”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and \r\npublished in Gazette of Pakistan, (Extraordinary) , Part-I, dated 1.8.1975, pages 435 -467, see Article 2 & \r\nSchedule. Earlier substituted for the words “the Punjab” by the Central Laws (Statute Reform) Ordinance, 1960 \r\n(XXI of 1960); and published in Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and 2nd \r\nSchedule (w.e.f 14.10.1955). \r\n4Substituted for the word “Queen” by the Central Laws Adaption Order, 1961 (P.O. No. 1 of 1961); an d published \r\nin the Gazette of Pakistan (Extraordinary), dated 24.1.1961, pages 102-174, see Article 2(1) and Schedule (w.e.f. \r\n23.3.1956). \r\n5Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; a nd published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of \r\nGeneral Adaptations.  \r\n6Omitted the words “of [the Punjab]” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and \r\npublished in Gaz ette of Pakistan (Extraordinary), dated 9.6.1960,  pages 725-845, s.3 and 2nd Schedule (w.e.f \r\n14.10.1955). The words in crotchets were substituted for the words “West Punjab” by the Federal Laws (Revision \r\nand Declaration) Act, 1951 (XXVI of 1951); and publi shed in the Gazette of Pakistan (Extraordinary), dated \r\n12.5.1951, pages 340-388, s.8, which was previously substituted for the words “the Punjab” by the Adaptation of \r\nCentral Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan \r\n(Extraordinary), dated 28.3.1949, pages 223-283, Article 3 and Schedule. \r\n7Omitted the words  “with the previous consent of the G.G. of India in Council,” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-\r\n344, see Article 3 & First Schedule. \r\n8Substituted for “under [its] government” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); \r\nand published in the Gazette of Pakistan (Extraordinary), pages 725-845, section 3 and 2nd Schedule (with effect \r\nfrom the 14th October, 1955).The word in crotchets was substituted for “his” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-\r\n344, see Article 5. \r\nPunjab] to be subject to the operation of all or any of the provisions of this A ct, and \r\nalso, by such proclamation \r\n9\r\n[* * *] as aforesaid, from time to time to withdraw from the \r\noperation of such provisions any part or parts of the said territories, which  \r\n10\r\n[it] may \r\nhave previously declared to be subject thereto, and in like manner, as occasion shall \r\nrequire, to subject the same part or parts again to the operation of the same provisions \r\nor of any of them. \r\n2. Punishment of fanatics murdering or attempting to murder .– Any fanatic \r\nwho shall murder or who shall, within the meaning of the Pa kistan Penal Code\r\n11\r\n, \r\nsection 307, attempt to murder any servant of the \r\n12\r\n[State] or other person, shall, on \r\nconviction thereof, be punished either with death or with transportation for life, and all \r\nhis property shall be forfeited to Government. \r\n3. \r\n13\r\n[Offences under the Act to be offences within meaning of Penal Code.– * * *] \r\n4. Forfeiture of property of fanatics killed in committing outrages \r\npunishable under Act .– Whenever any fanatic shall be killed in the act of \r\ncommitting any such offence, as aforesaid, or , being wounded and taken prisoner in \r\nthe act of committing any such offence as aforesaid, shall afterwards die of his \r\nwounds, it shall be competent to the \r\n14\r\n[Sessions Judge or Commissioner] who, under \r\nthe provisions hereinafter contained, would have had cognizance of the offence if the \r\noffender could have been brought to trial, to proceed to hold an inquest into the \r\ncircumstances of the death of the offender, and on proof of his having been killed as \r\naforesaid, or of his having died of wounds received as af oresaid to adjudge that the \r\nwhole of his property shall be forfeited to Government and to dispose of his body as \r\nsuch \r\n15\r\n[Sessions Judge or Commissioner] shall think fit. \r\n5. Trial before Sessions Judge or Commissioner .– Subject to the provision \r\ncontained in section 14 of this Act, any offence triable under this Act shall be tried by \r\nthe \r\n16\r\n[Sessions Judge or Commissioner] of the division in which it has been \r\ncommitted; and, in respect of all such offences, the \r\n17\r\n[Sessions Judge or \r\nCommissioner] shall follow the procedure prescribed for a Magistrate by section 149, \r\nChapter XVII, and the provisions applicable to warrant -cases of the Code of Criminal \r\nProcedure: \r\n                                                 \r\n9Omitted the words, “and with such consent”, by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & First Schedule. \r\n10Substituted ibid, see Article 5, for the word “he”. \r\n11XLV of 1860 \r\n12Substituted for the words “Queen” by the Central Laws Adaption Order, 1961, (P.O. No. 1 of 1961); and \r\npublished in the Gazette of Pakistan (Extraordinary) , dated 24. 1.1961, p ages 102 -174, see Article 2(1) and \r\nSchedule (w.e.f. 23.3.1956). \r\n13Repealed by the Repealing Act, 1874 (XVI of 1874), see s. 1 and Schedule, Part I. \r\n14Substituted for  the word  “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of \r\n1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. \r\n15Substituted for the word “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of \r\n1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. \r\n16Ibid. \r\n17Ibid. \r\nProvided that, if he shall be of opinion that any witness or evidence is offered \r\nfor the purpose of vexati on or delay, or of defeating the ends of justice, he may \r\nrequire the accused person to satisfy him that there are reasonable grounds for \r\nbelieving that such witness or evidence is material, and, if the\r\n18\r\n[Sessions Judge or \r\nCommissioner] be not so satisfied, he shall not be bound to summon the witness or \r\nexamine the evidence so offered. \r\n6. Trial to be with aid of assessors .– Trials under this Act before the \r\n19\r\n[Sessions Judge or Commissioner] shall be conducted with the aid of two or more \r\nassessors as members of the Court. \r\nThe \r\n20\r\n[Sessions Judge or Commissioner] may appoint such persons other \r\nthan persons specified in section 405 of the Code of Criminal Procedure at such time \r\nand in such manner as he may think fit to serve as assessors, and no persons shall \r\nbe exem pt, within the meaning of section 406 of the same Code, from serving as \r\nsuch assessors. \r\nThe provisions of the Code of Criminal Procedure shall, save as aforesaid, \r\napply to assessors appointed under this section. \r\n7. What the judgment is to specify.– When any trial under this Act is concluded, \r\nif the accused person be convicted, it shall be sufficient if the Court, in passing judgment \r\nand in recording the finding and sentence, shall specify the offence of which he is \r\nconvicted, and the Court shall immediately issue a warrant to the officer in charge of the \r\njail in which the prisoner is confined to cause the sentence to be carried into execution, \r\nand such sentence shall be carried into execution accordingly. \r\nNo sentence of death passed under this Act shall requ ire confirmation by any \r\nCourt. \r\n8. Disposal of bodies of criminals .– When any person shall be sentenced to \r\ndeath under this Act, his body shall be disposed of as the \r\n21\r\n[Sessions Judge or \r\nCommissioner] by whom he was so sentenced shall direct. \r\n9. Proceedings to be reported to Provincial Government .– The proceedings \r\nin every trial held under this Act shall be reported to the \r\n22\r\n[Provincial Government], \r\nwithout unnecessary delay, by the officer before whom such trial shall have been \r\nheld. \r\n                                                 \r\n18Ibid. \r\n19Ibid. \r\n20Ibid. \r\n21Ibid. \r\n22Substituted for “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and \r\npublished in the Gazette of India (Ex traordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General \r\nAdaptations. \r\n10. No appeal from orders or sentences under Act.– Notwithstanding anything \r\ncontained in the Code of Criminal Procedure, or \r\n23\r\n[in any other enactment for the time \r\nbeing in force] no appeal shall lie from any order or sentence under this Act. \r\n11. Procedure in cases not contemplated by Act.– If any \r\n24\r\n[Sessions Judge or \r\nCommissioner] in whom jurisdiction is vested by this Act shall be of opinion that the \r\naccused person has committed an offence punishable under the Pakistan Penal Code\r\n25\r\n, \r\nbut that such offence is not contemplated by the preamble to this Act, the offender shall \r\nbe dealt with in manner provided in such case by the Code of Criminal Procedure. \r\n12. Provincial Government's powers as to confinement of persons under \r\nAct.– The said \r\n26\r\n[Provincial Government] shall have, with respect t o the confinement \r\nof any person charged with or suspected of an intention to commit any offence \r\npunishable under this Act, the powers which are vested in the \r\n27\r\n[Federal \r\nGovernment] by any law regarding the confinement of persons charged with or \r\nsuspected of  State offences; and the provisions of any such law shall, mutatis \r\nmutandis, be applicable to all cases in which the \r\n28\r\n[Provincial Government] shall \r\nproceed under the authority of this section. \r\n13. Power of Magistrate as to persons suspected .– Any person having the full \r\npowers of a Magistrate may cause any person, against whom there are in his judgment \r\ngrounds of proceeding under the last preceding section, to be apprehended, and, after \r\nsuch inquiry as he may think necessary, may detain such person in safe custody until he \r\nshall have received the orders of the said \r\n29\r\n[Provincial Government] to whom, in all such \r\ncases, he shall report his proceeding without unnecessary delay. \r\n14. Exercise of jurisdiction conferred by Act .– The jurisdiction conferred by \r\nthis Act on a \r\n30\r\n[Sessions Judge or Commissioner] may be exercised, in the case of \r\nany offence punishable under this Act, by any person having the full powers of a \r\nMagistrate whom the\r\n31\r\n [Sessions Judge or Commissioner] to whom he may be \r\n                                                 \r\n23Substituted for the words “the Punjab Chief Court Act, 1866” by the Repealing and Amending Act 1891 (XII of 1891) ; \r\nand published in the Government Gazette , Punjab and its Dependencies, Part IV, dated 9.4.1891, pages 21-67, see \r\ns.2(2) and Second Schedule, Part I. \r\n24Substituted for the word “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of \r\n1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. \r\n25XLV of 1860 \r\n26Substituted for the words “Lieutenant -Governor” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, p ages 75 -344, see Article 4 & Table of \r\nGeneral Adaptations. \r\n27Substituted for the words “G.G of India” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; \r\nand published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General \r\nAdaptations. \r\n28Substituted for the words “Lieutenant -Governor” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Articl e 4 & Table of \r\nGeneral Adaptations. \r\n29Substituted for the words “Lieutenant -Governor” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of \r\nGeneral Adaptations. \r\n30Substituted for the word “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of \r\n1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. \r\n31Ibid. \r\nsubordinate, or the said \r\n32\r\n[Provincial Government], shall after the commission of such \r\noffence, specially invest with such jurisdiction. \r\n15. Power to withdraw cases from operation of Act .– It shall be lawful for the \r\nsaid \r\n33\r\n[Provincial Government] either on \r\n34\r\n[its] own motion or at the req uest of the \r\n35\r\n[High Court at Lahore], from time to time to withdraw any class of cases from the \r\noperation of this Act. \r\n16. Power of \r\n36\r\n[High Court] to issue circular orders .– Publication of such \r\norders.– With the previous consent of the said \r\n37\r\n[Provincial Gove rnment], but not \r\notherwise, the said \r\n38\r\n[High Court] may, from time to time, make and issue circular \r\norders for the guidance of officers in cases under this Act: provided that such orders \r\nare consistent with the provisions herein contained. \r\nAll such orders s hall be published in the official Gazette, and shall be obeyed \r\nby the officers aforesaid. \r\n17. \r\n39\r\n[Expiration of Act.– * * * * * * * * *   ] \r\n \r\n                                                 \r\n32Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of \r\nGeneral Adaptations. \r\n33Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of \r\nGeneral Adaptations. \r\n34Substituted ibid., see Article 5, for the word “his”. \r\n35Substituted for the words  “Chief Court of the Punjab” by the Adaptation of Central Acts and Ordinances Order, \r\n1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Pages 223 -\r\n283, Article 3 & Schedule. \r\n36Substituted ibid., for the words “Chief Court”. \r\n37Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.193 7, pages 75 -344, see Article 4 & Table of \r\nGeneral Adaptations. \r\n38Substituted for the words  “Chief Court” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. \r\n4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Pages 223-283, Article 3 & \r\nthe Schedule. \r\n39Repealed by the Repealing and Amending Act, 1891 (XII of 1891) ; and published in the Government Gazette , \r\nPunjab and its Dependencies, Part IV, dated 9.4.1891, pages 21-67, see s.2(1) and First Schedule, Part I.",
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