THE MURDEROUS OUTRAGES ACT, 1867 (XXIII of 1867) CONTENTS 1. Power to extend Act to any part of the Punjab 2. Punishment of fanatics murdering or attempting to murder 3. Repealed 4. Forfeiture of property of fanatics killed in committing outrages punishable under Act 5. Trial before Sessions Judge or Commissioner 6. Trial to be with aid of assessors 7. What the judgment is to specify 8. Disposal of bodies of criminals 9. Proceedings to be reported to Provincial Government 10. No appeal from orders or sentences under Act 11. Procedure in cases not contemplated by Act 12. Provincial Government's powers as to confinement of persons under Act 13. Power of Magistrate as to persons suspected 14. Exercise of jurisdiction conferred by Act 15. Power to withdraw cases from operation of Act 16. Power of [High Court] to issue circular orders 17. Repealed TEXT 1 THE PUNJAB MURDEROUS OUTRAGES ACT, 1867 (XXIII of 1867) [23rd March, 1867] An Act for the suppression of murderous outrages in certain districts of 2 [the Punjab]. Preamble.– WHEREAS in certain districts of 3 [the Punjab] fanatics have frequently murdered or att empted to murder servants of the 4 [State] and other persons: and whereas the general law of the country is not adequate to suppress such offences; it is hereby enacted as follows:– 1. Power to extend Act to any part of the Punjab .– It shall be lawful for t he 5 [Provincial Government] 6 [****] 7 [***] by a proclamation published in the official Gazette, from time to time to declare any part or parts of the territories 8 [within the 1For Statement of Objects and Reasons, see Gazette of India, dated 5 th January, 1867; for Proceedings in Council see ibid, Supplement, dated 12 th January, 1867, pp. 3 and 5; 16 th February, p. 73; 23rd February, p. 131; 2nd March, pp. 147 and 154; and 23rd March, pp. 233 and 241. This Act was published in the Gazette of India, dated 23.3.1867, pages 544-545. 2Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in Gazette of Pakistan, (Extraordinary) , Part-I, dated 1.8.1975, pages 435 -467, see Article 2 & Schedule. Earlier substituted for the words “the Pun jab” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and 2nd Schedule (w.e.f 14.10.1955). 3Substituted, for the words “West Pakistan”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975); and published in Gazette of Pakistan, (Extraordinary) , Part-I, dated 1.8.1975, pages 435 -467, see Article 2 & Schedule. Earlier substituted for the words “the Punjab” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and 2nd Schedule (w.e.f 14.10.1955). 4Substituted for the word “Queen” by the Central Laws Adaption Order, 1961 (P.O. No. 1 of 1961); an d published in the Gazette of Pakistan (Extraordinary), dated 24.1.1961, pages 102-174, see Article 2(1) and Schedule (w.e.f. 23.3.1956). 5Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937; a nd published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General Adaptations. 6Omitted the words “of [the Punjab]” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in Gaz ette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and 2nd Schedule (w.e.f 14.10.1955). The words in crotchets were substituted for the words “West Punjab” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951); and publi shed in the Gazette of Pakistan (Extraordinary), dated 12.5.1951, pages 340-388, s.8, which was previously substituted for the words “the Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, pages 223-283, Article 3 and Schedule. 7Omitted the words “with the previous consent of the G.G. of India in Council,” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75- 344, see Article 3 & First Schedule. 8Substituted for “under [its] government” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), pages 725-845, section 3 and 2nd Schedule (with effect from the 14th October, 1955).The word in crotchets was substituted for “his” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75- 344, see Article 5. Punjab] to be subject to the operation of all or any of the provisions of this A ct, and also, by such proclamation 9 [* * *] as aforesaid, from time to time to withdraw from the operation of such provisions any part or parts of the said territories, which 10 [it] may have previously declared to be subject thereto, and in like manner, as occasion shall require, to subject the same part or parts again to the operation of the same provisions or of any of them. 2. Punishment of fanatics murdering or attempting to murder .– Any fanatic who shall murder or who shall, within the meaning of the Pa kistan Penal Code 11 , section 307, attempt to murder any servant of the 12 [State] or other person, shall, on conviction thereof, be punished either with death or with transportation for life, and all his property shall be forfeited to Government. 3. 13 [Offences under the Act to be offences within meaning of Penal Code.– * * *] 4. Forfeiture of property of fanatics killed in committing outrages punishable under Act .– Whenever any fanatic shall be killed in the act of committing any such offence, as aforesaid, or , being wounded and taken prisoner in the act of committing any such offence as aforesaid, shall afterwards die of his wounds, it shall be competent to the 14 [Sessions Judge or Commissioner] who, under the provisions hereinafter contained, would have had cognizance of the offence if the offender could have been brought to trial, to proceed to hold an inquest into the circumstances of the death of the offender, and on proof of his having been killed as aforesaid, or of his having died of wounds received as af oresaid to adjudge that the whole of his property shall be forfeited to Government and to dispose of his body as such 15 [Sessions Judge or Commissioner] shall think fit. 5. Trial before Sessions Judge or Commissioner .– Subject to the provision contained in section 14 of this Act, any offence triable under this Act shall be tried by the 16 [Sessions Judge or Commissioner] of the division in which it has been committed; and, in respect of all such offences, the 17 [Sessions Judge or Commissioner] shall follow the procedure prescribed for a Magistrate by section 149, Chapter XVII, and the provisions applicable to warrant -cases of the Code of Criminal Procedure: 9Omitted the words, “and with such consent”, by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & First Schedule. 10Substituted ibid, see Article 5, for the word “he”. 11XLV of 1860 12Substituted for the words “Queen” by the Central Laws Adaption Order, 1961, (P.O. No. 1 of 1961); and published in the Gazette of Pakistan (Extraordinary) , dated 24. 1.1961, p ages 102 -174, see Article 2(1) and Schedule (w.e.f. 23.3.1956). 13Repealed by the Repealing Act, 1874 (XVI of 1874), see s. 1 and Schedule, Part I. 14Substituted for the word “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. 15Substituted for the word “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. 16Ibid. 17Ibid. Provided that, if he shall be of opinion that any witness or evidence is offered for the purpose of vexati on or delay, or of defeating the ends of justice, he may require the accused person to satisfy him that there are reasonable grounds for believing that such witness or evidence is material, and, if the 18 [Sessions Judge or Commissioner] be not so satisfied, he shall not be bound to summon the witness or examine the evidence so offered. 6. Trial to be with aid of assessors .– Trials under this Act before the 19 [Sessions Judge or Commissioner] shall be conducted with the aid of two or more assessors as members of the Court. The 20 [Sessions Judge or Commissioner] may appoint such persons other than persons specified in section 405 of the Code of Criminal Procedure at such time and in such manner as he may think fit to serve as assessors, and no persons shall be exem pt, within the meaning of section 406 of the same Code, from serving as such assessors. The provisions of the Code of Criminal Procedure shall, save as aforesaid, apply to assessors appointed under this section. 7. What the judgment is to specify.– When any trial under this Act is concluded, if the accused person be convicted, it shall be sufficient if the Court, in passing judgment and in recording the finding and sentence, shall specify the offence of which he is convicted, and the Court shall immediately issue a warrant to the officer in charge of the jail in which the prisoner is confined to cause the sentence to be carried into execution, and such sentence shall be carried into execution accordingly. No sentence of death passed under this Act shall requ ire confirmation by any Court. 8. Disposal of bodies of criminals .– When any person shall be sentenced to death under this Act, his body shall be disposed of as the 21 [Sessions Judge or Commissioner] by whom he was so sentenced shall direct. 9. Proceedings to be reported to Provincial Government .– The proceedings in every trial held under this Act shall be reported to the 22 [Provincial Government], without unnecessary delay, by the officer before whom such trial shall have been held. 18Ibid. 19Ibid. 20Ibid. 21Ibid. 22Substituted for “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Ex traordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General Adaptations. 10. No appeal from orders or sentences under Act.– Notwithstanding anything contained in the Code of Criminal Procedure, or 23 [in any other enactment for the time being in force] no appeal shall lie from any order or sentence under this Act. 11. Procedure in cases not contemplated by Act.– If any 24 [Sessions Judge or Commissioner] in whom jurisdiction is vested by this Act shall be of opinion that the accused person has committed an offence punishable under the Pakistan Penal Code 25 , but that such offence is not contemplated by the preamble to this Act, the offender shall be dealt with in manner provided in such case by the Code of Criminal Procedure. 12. Provincial Government's powers as to confinement of persons under Act.– The said 26 [Provincial Government] shall have, with respect t o the confinement of any person charged with or suspected of an intention to commit any offence punishable under this Act, the powers which are vested in the 27 [Federal Government] by any law regarding the confinement of persons charged with or suspected of State offences; and the provisions of any such law shall, mutatis mutandis, be applicable to all cases in which the 28 [Provincial Government] shall proceed under the authority of this section. 13. Power of Magistrate as to persons suspected .– Any person having the full powers of a Magistrate may cause any person, against whom there are in his judgment grounds of proceeding under the last preceding section, to be apprehended, and, after such inquiry as he may think necessary, may detain such person in safe custody until he shall have received the orders of the said 29 [Provincial Government] to whom, in all such cases, he shall report his proceeding without unnecessary delay. 14. Exercise of jurisdiction conferred by Act .– The jurisdiction conferred by this Act on a 30 [Sessions Judge or Commissioner] may be exercised, in the case of any offence punishable under this Act, by any person having the full powers of a Magistrate whom the 31 [Sessions Judge or Commissioner] to whom he may be 23Substituted for the words “the Punjab Chief Court Act, 1866” by the Repealing and Amending Act 1891 (XII of 1891) ; and published in the Government Gazette , Punjab and its Dependencies, Part IV, dated 9.4.1891, pages 21-67, see s.2(2) and Second Schedule, Part I. 24Substituted for the word “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. 25XLV of 1860 26Substituted for the words “Lieutenant -Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, p ages 75 -344, see Article 4 & Table of General Adaptations. 27Substituted for the words “G.G of India” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General Adaptations. 28Substituted for the words “Lieutenant -Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Articl e 4 & Table of General Adaptations. 29Substituted for the words “Lieutenant -Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General Adaptations. 30Substituted for the word “Commissioner” by the Punjab Murderous Outrages (Amendment) Act, 1877 (IX of 1877); and published in the Government Gazette Punjab and its Dependencies, dated 26.4.1877, page 483, s.2. 31Ibid. subordinate, or the said 32 [Provincial Government], shall after the commission of such offence, specially invest with such jurisdiction. 15. Power to withdraw cases from operation of Act .– It shall be lawful for the said 33 [Provincial Government] either on 34 [its] own motion or at the req uest of the 35 [High Court at Lahore], from time to time to withdraw any class of cases from the operation of this Act. 16. Power of 36 [High Court] to issue circular orders .– Publication of such orders.– With the previous consent of the said 37 [Provincial Gove rnment], but not otherwise, the said 38 [High Court] may, from time to time, make and issue circular orders for the guidance of officers in cases under this Act: provided that such orders are consistent with the provisions herein contained. All such orders s hall be published in the official Gazette, and shall be obeyed by the officers aforesaid. 17. 39 [Expiration of Act.– * * * * * * * * * ] 32Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General Adaptations. 33Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 & Table of General Adaptations. 34Substituted ibid., see Article 5, for the word “his”. 35Substituted for the words “Chief Court of the Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Pages 223 - 283, Article 3 & Schedule. 36Substituted ibid., for the words “Chief Court”. 37Substituted for the words “Lieutenant-Governor” by the Government of India (Adaptation of Indian Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.193 7, pages 75 -344, see Article 4 & Table of General Adaptations. 38Substituted for the words “Chief Court” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Pages 223-283, Article 3 & the Schedule. 39Repealed by the Repealing and Amending Act, 1891 (XII of 1891) ; and published in the Government Gazette , Punjab and its Dependencies, Part IV, dated 9.4.1891, pages 21-67, see s.2(1) and First Schedule, Part I.