{ "schema_version": "qanun-law-text/1", "id": "punjab-code-e41335328bb0da49", "title": "ANTI-TERRORISM ACT, 1997", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BjNXZVFiVWw-", "version": null, "source_snapshot": "2026-08-06T16:16:26Z", "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": "f100d49a7f8be0b2090e7079bec484458eb79f21da9e883a6b7215689b99e6c1", "source_sha256": "f100d49a7f8be0b2090e7079bec484458eb79f21da9e883a6b7215689b99e6c1", "text_version_id": "law:punjab-code-e41335328bb0da49:sha256:f100d49a7f8be0b2090e7079bec484458eb79f21da9e883a6b7215689b99e6c1", "quality_flags": [], "encoding": "UTF-8", "text": "THE ANTI-TERRORISM ACT, 1997 \r\n(XXVII of 1997) \r\nCONTENTS \r\n1. Short title and commencement \r\n2. Definitions \r\n3. [* * * * * * * * * * * *] \r\n4. Calling in of armed forces and civil armed forces in aid of civil powers \r\n5. Use of armed forces and civil armed forces to prevent terrorism \r\n6. Terrorism \r\n7. Punishment for acts of terrorism \r\n7A. [* * * * * * * * * * * *] \r\n7B. [* * * * * * * * * * * *] \r\n8. Prohibition of acts intended or likely to stir up sectarian hatred \r\n9. Punishment for offence under section 8 \r\n10. Power to enter or search \r\n11. Power to order forfeiture \r\n11A. Organizations concerned in terrorism \r\n11B. Prescription \r\n11C. Right of Review \r\n11CC. Proscription Review Committee \r\n11D. Observation Order \r\n11E. Measures to be taken against a proscribed organization \r\n11EE. Security for good behavior \r\n11EEE. Power to arrest and detain suspected persons \r\n11EEEE. Preventive detention for inquiry \r\n11F. Membership, support and meetings relating to a Proscribed \r\nOrganization \r\n11G. Uniform \r\n11H. Fund raising \r\n11-I. Use and possession \r\n11J. Funding Arrangements \r\n11K. Money-laundering \r\n11L. Disclosure of Information \r\n11M. Cooperation with Police \r\n11N. Punishment under Sections 11H to 11K \r\n11O. Seizure and detention \r\n11OO. Access to services, money or other property \r\n11P. Application by authorized officer to a Court \r\n11Q. Forfeiture \r\n11R. Authorized officer may apply to Court for forfeiture. \r\n11S. Appeal against forfeiture order under Section 11R. \r\n11T. Deposit of Cash in a fund \r\n11U. De-proscription \r\n11V. Directing terrorist activities \r\n11W. Printing, publishing, or disseminating any material to incite hatred or \r\ngiving projection to any person convicted for a terrorist act or any \r\nproscribed organization or an organization placed under observation \r\nor anyone concerned in terrorism \r\n11X. Responsibility for creating civil commotion \r\n12. Jurisdiction of [Anti Terrorism Court] \r\n13. Establishment of (Anti Terrorism Court) \r\n14. Composition and appointment of presiding officers of Anti -terrorism \r\nCourts \r\n15. Place of sitting \r\n16. Oath by [Anti-Terrorism Court] \r\n17. Powers of [Anti-Terrorism Court] with respect to other offences \r\n18. Public Prosecutors \r\n19. Procedure and Powers of [Anti Terrorism Court \r\n19A. Mode of making searches and arrest \r\n19B. Pre-trial scrutiny \r\n20. [* * * * * * * * * * * *] \r\n21. Protection of Judges, [xxxxxxxxx] Counsel Public Prosecu tor, \r\nWitnesses and Persons concerned with Court Proceedings \r\n21A. Cordons for Terrorist Investigation \r\n21B. Terrorist investigation \r\n21C Training \r\n21D. Bail \r\n21E. Remand \r\n21EE Power to call information etc \r\n21F. Remissions \r\n21G. Trial of offences \r\n21H. Conditional admissibility of Confession \r\n21I. Aid and abetment \r\n21J Harbouring \r\n21K. Offences triable by way of summary procedure \r\n21L Punishment for an Absconder \r\n21M. Joint Trial \r\n22. Manner and Place of Execution of Sentence \r\n23. Power to transfer cases to regular Courts \r\n24. [* * * * * * * * * * * *] \r\n25. Appeal \r\n26. [* * * * * * * * * * * *] \r\n27. Punishment for defective investigation \r\n27A Presumption of proof against accused \r\n27AA. Punishment for false implication \r\n27B. Conviction on the basis of electronic or forensic evidence etc \r\n28. Transfer of cases \r\n28-A. Impounding of passport of person charge-sheeted under the Act \r\n29. Trial before [Anti-Terrorism Court] to have precedence \r\n30. Modified application of certain provisions of the Code \r\n31. Finality of judgment \r\n32. Overriding effect of Act \r\n33. Delegation \r\n34. Power to amend the [First, second and Third Schedule] \r\n35. Power to make rules \r\n36. Savings \r\n37. Contempt of Court \r\n38. Punishment for terrorist act committed before this before this Act \r\n39. Indemnity \r\n39A. Removal of difficulties \r\n39B. Repeal and savings \r\n40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908) \r\nSCHEDULES \r\nFIRST SCHEDULE \r\nSECOND SCHEDULE \r\nTHIRD SCHEDULE \r\nFOURTH SCHEDULE \r\nFIFTH SCHEDULE \r\nTEXT \r\nTHE ANTI-TERRORISM ACT, 1997 \r\n(XXVII of 1997) \r\n[20th August, 1997] \r\nAn \r\nAct \r\nto provide for the prevention of terrorism, sectarian violence and for speedy trial of \r\nheinous offences; \r\nWHEREAS it is expedient to provide for the prevention of terrorism, sectarian \r\nviolence and for speedy trial of heinous offences and for matters connected \r\ntherewith and incidental thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nAnti-terrorism Act, 1997. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything rep ugnant in the subject or \r\ncontext,– \r\n(a) “armed forces” means the Military, Naval and Air Forces of Pakistan \r\nand the Reserves of such Forces; \r\n(b) “civil armed forces” means Frontier Constabulary, Frontier Corps, \r\nPakistan Coast Guards, Pakistan Rangers or any other civil armed \r\nforce notified by the Federal Government as such; \r\n(c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898 ); \r\n1\r\n[(d) “child” means a person who at the time of the commission of the \r\noffence has not attained the age of eighteen years; \r\n(e) “court” means an Anti-terrorism Court established under section 13; \r\n(f) “explosives” means any bomb, grenade, dynamite, or explosive \r\nsubstance capable of causing an injury to any person or damage to \r\nany property and includes any explosive subst ance as defined in the \r\nExplosives Act, 1884 (IV of 1884); \r\n(g) “firearms” means any or all types and gauges of handguns, rifles and \r\nshotguns, whether automatic, semi -automatic or bolt action, and shall \r\ninclude all other fire -arms as defined in the Arms Ordi nance 1965 \r\n(W.P. Ord. XX of 1965); \r\n(h) “fine” means a pecuniary amount to be determined by the Court having \r\nregard to the facts and circumstances of the cases;] \r\n \r\n1Substituted for the Clauses (d) to (h) by the Anti -terrorism (Amendment) Ordina nce, 2001 (XXXIX of 2001) w.e.f 15.8.2001, \r\ns.2. \r\n2\r\n[(ha) “freeze” means to prohibit the transfer, conversion, disposition or \r\nmovement of any money or other property;] \r\n3\r\n[(i) “Government” means the Federal Government or, as the case may be, \r\nthe Provincial Government; \r\n(j) “grievous”, in relation to bodily injury, means emasculation, mutilation, \r\nincapacitation disfigurement or severe harm or hurt ; and in relation to \r\nproperty, means severe loss, damage or destruction; \r\n(k) “High Court” means the High Court having territorial jurisdiction in \r\nrespect of the area for which an Anti -terrorism court has been \r\nestablished; \r\n(l) “hijacking” means any unlawful seizu re or exercise of control, or any \r\nattempt at unlawful seizure or exercise of control, of an aircraft, by \r\nforce, violence, threat or any form of obstruction, directly or through \r\nany other person, from within or outside the aircraft; \r\n(m) “hostage-taking” mea ns the holding of a person captive with threats \r\nmade to kill or harm that person if demands are not met; \r\n(n) “kidnapping for ransom” means the action of conveying any person \r\nfrom any place, without his consent, or by force compelling or by any \r\ndeceitful me ans inducing him, to go from any place, and unlawfully \r\ndetaining him and demanding or attempting to demand, money, \r\npecuniary or other benefit from him or from another person, as a \r\ncondition of his release; \r\n(o) “meeting” means a meeting of two or more pers ons, whether in public \r\nor private;] \r\n4\r\n[(oa) “money” includes coins or notes in any currency, postal orders, money \r\norders, bank credits, bank accounts, letter of credit, travelers cheques, \r\nbank cheques, bankers draft, in any form, electronic, digital or \r\notherwise and such other kinds of monetary instruments or documents \r\nas the Federal Government may by order specify;] \r\n5\r\n[(p) “Organization” means any group, combination or body of persons \r\n6\r\n[***];] \r\n7\r\n[(pa) “property” means property of every description, whether c orporeal or \r\nincorporeal, movable or immovable, tangible or intangible and includes \r\nshares, securities, bonds and deeds and instruments evidencing title \r\nto, or an interest in, property of any kind and money;] \r\n8\r\n[(q) “proscribed organization” means any organ ization which is listed in the \r\nFirst Schedule under section 11B;] \r\n \r\n2Inserted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014) w.e.f. 21.6.2014, s.2. \r\n3Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f 15.8.2001, s.2. \r\n4Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.3.2013, s.2. \r\n5Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f 15.8.2001, s.2. \r\n6Omitted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.03.2013, s.2. \r\n7Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.03.2013, s.2. \r\n8Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014) w.e.f. 21.6.2014, s.2. \r\n9\r\n[(qa) “proscribed person” means any individual who is listed in the Fourth \r\nSchedule under section 11EE;] \r\n10\r\n(r) “Public servant” shall have the same meaning as in Section 21 of the \r\nPakistan Penal Code, 1860, or law for the time being in force; \r\n(s) “Schedule” means a Schedule to this Act; \r\n(t) “Scheduled offence” means an offence as set out in the Third \r\nSchedule; \r\n(u) “sectarian” means pertaining to, devoted to, peculiar to, or one which \r\npromotes the interest of a religious sect, or sects, in a bigoted or \r\nprejudicial manner; \r\n(v) “sectarian hatred” means hatred against a group of persons defined by \r\nreference to religion, religious sect, religious persuasion, or religious \r\nbelief;] \r\n11\r\n[(va) “seize” means to take custody or control of money or other property in \r\norder to prohibit its transfer, conversion, disposition or movement;] \r\n12\r\n[(w) “serious” means dangerous to life or property; \r\n(x) “terrorism” or “act of terrorism” act has the meaning as assigned t o it in \r\nsection 6; \r\n(y) “terrorist” has the meaning as assigned to it in section 6(5); \r\n(z) “terrorist investigation” means an investigation of: \r\n(a) the commission, preparation or instigation of acts of terrorism \r\nunder this Act; \r\n(b) an act which appears to have been done for the purposes of \r\nterrorism; \r\n(c) the resources of a proscribed organization; \r\n(d) the commission, preparation or instigation of an offence under \r\nthis Act; or \r\n(e) any other act for which investigation may be necessary for the \r\npurposes of this Act. \r\n(aa) “terrorist property” means: \r\n(i) (a) money or other property which is used or is likely to be \r\nused for the purposes of terrorism (including any \r\nresources of \r\n13\r\n[an organization concerned in terrorism or a \r\nterrorist]; \r\n(b) proceeds the commission of acts of terrorism; \r\n \r\n9Inserted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014) w.e.f. 21.6.2014, s.2. \r\n10Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f 15.8.2001, s.2. \r\n11Inserted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014) w.e.f. 21.6.2014, s.2. \r\n12Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f 15.8.2001, s.2. \r\n13Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.3.2013, s.2. \r\n(c) proceeds of acts carried out for the purposes of terrorism; \r\nand \r\n(ii) In sub-section (i) above: \r\n(a) a reference to proceeds of an act, includes reference to \r\nany property which wholly or partly, and directly or \r\nindirectly, represe nts the proceeds of the act (including \r\npayments of other rewards in connection with the \r\ncommission);\r\n14\r\n[and] \r\n(b) the reference to an organization’s resources includes a \r\nreference to any money or other property which is applied \r\nor made available, or is to be applied or made available, \r\nfor use by the organization \r\n15\r\n[and includes assets of any \r\nkind, whether tangible or intangible, movable or \r\nimmovable, and legal documents or instruments in any \r\nform whether written, electronic or digital, and shares, \r\nsecurities, bonds, drafts and letters of credit;] \r\n16\r\n[(c) * * * * * * * * *] \r\n(bb) “weapon” means any item which can be used to injure or cause bodily \r\nharm, and includes any type of fire -arm, explosive, sword, dagger, \r\nknuckle-duster, stengun, bomb, grenade, rocket launc her, mortar or \r\nany chemical, biological weapon or any other thing which can be used \r\nfor causing injury, hurt, harm or destruction of person or property, and \r\nincludes ‘illicit arms’ as defined in the Surrender of Illicit Arms Act, 1991 \r\n(XXI of 1991); and \r\n(cc) all other terms and expressions used but not defined in this Act, shall \r\nhave the meanings as are assigned to them in the Pakistan Penal \r\nCode, 1860, or the Code of Criminal Procedure, 1898.] \r\n17\r\n[3. Declaration of intent* * * * * * * * * ] \r\n4. Calling in of armed forces and civil armed forces in aid of civil powers .– \r\n(1) It shall be lawful for the Federal Government to order, and subject to sub -section \r\n(2), for the Provincial Government to secure, the presence of armed forces and civil \r\narmed forces in any a rea for the prevention and punishment of terrorist acts and \r\nscheduled offences in accordance with the provisions of this Act. \r\n(2) If, in the opinion of the Provincial Government, the presence of armed \r\nforces, or civil armed forces, is necessary in order to prevent the commission of \r\nterrorist acts or scheduled offences in any area, it may request the Federal \r\nGovernment to direct the presence or posting of units or personnel of the armed \r\nforces, or civil armed forces, in such numbers as may be deemed necessar y for the \r\nprevention or control of terrorist acts or scheduled offences. \r\n \r\n14Added by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.3.2013, s.2. \r\n15Substituted and omitted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.3.2013, s.2. \r\n16Omitted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.3.2013, s.2. \r\n17Omitted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.3. \r\n(3) The Federal Government may decide whether the requirements of the \r\nsituation call for the deployment of– \r\n(i) the civil armed forces; or \r\n(ii) the armed forces, \r\nand on so deciding shall, by m eans of a notification in the official Gazette issued \r\nunder clauses (i) or (ii) or both, authorize and direct the posting thereof. \r\n5. Use of armed forces and civil armed forces to prevent terrorism .–(1) Any \r\npolice officer, or member of the armed forces, or civil armed forces, who is present or \r\ndeployed in any area may, after giving sufficient warning, use the necessary force to \r\nprevent the commission of terrorist acts or scheduled offences, and, in so doing \r\nshall, in the case of an officer of the armed forc es or civil armed forces, exercise all \r\nthe powers of a police officer under the Code. \r\n(2) In particular and without prejudice to generality of the provisions of \r\nsubsection (1), an officer of the police, armed forces and civil armed forces may-- \r\n(i) after giving prior warning use such force as may be deemed necessary \r\nor appropriate, bearing in mind all the facts and circumstances of the \r\nsituation, against any person who is committing, \r\n18\r\n[*** *] a terrorist act \r\nor a scheduled offence,\r\n19\r\n[****]\r\n20\r\n[it shall be lawfu l for any such officer, or \r\nany senior officer], \r\n21\r\n[after forming reasonable apprehension that death \r\nor grievous hurt may be caused by such act or offence] to fire, or order \r\nthe firing upon any person or persons against whom he is authorized to \r\nuse force in terms hereof \r\n22\r\n[:] \r\n23\r\n[Provided that an order to open fire in such circumstances shall be \r\ngiven by a police officer not below the rank of BS -17 and equivalent \r\nrank in the case of a member of Armed Forces or civil Armed forces or \r\nby a Magistrate on duty: \r\nProvided further that the decision to fire or order firing shall be taken \r\nonly by way of last resort, and shall in no case extend to the inflicting of \r\nmore harm than is necessary to prevent the terrorist act or scheduled \r\noffence which has given rise to the reas onable apprehension of death \r\nor grievous hurt: \r\nProvided further that all cases of firing which have resulted in death or \r\ngrievous injury shall be reviewed by an internal inquiry committee \r\nconstituted by the head of the law enforcement agency concerned.] \r\n(ii) arrest, without warrant, any person who has committed an act of \r\nterrorism or a scheduled offence or against whom a reasonable \r\nsuspicion exists that he has committed, or is about to commit, any such \r\nact or offence; and \r\n \r\n18Omitted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.4. \r\n19Substituted by the Anti-terrorism (Amendment) Ordinance, 2000 (XXIX of 2000) w.e.f. 24.7.2000, s.2. \r\n20Substituted by the Anti-terrorism (Amendment) Ordinance, 2001(XXXIX of 2001) w.e.f. 14.8.2001, s.4. \r\n21Substituted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.6.2014, s.2. \r\n22Substituted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.6.2014, s.2. \r\n23Added by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.6.2014, s.2. \r\n(iii) enter and search, without war rant, any premises to make any arrest or \r\nto take possession of any property, fire -arm, weapon or article used, or \r\nlikely to be used, in the commission of any terrorist act or scheduled \r\noffence. \r\n(3) Nothing contained in sub-section (1) or (2) shall affect t he provisions of \r\nChapter IX of the Code and the provisions of section 132 of the Code shall apply to \r\nany person action under this section. \r\n24\r\n[6. Terrorism.– (1) In this Act “terrorism” means the use or threat of action \r\nwhere: \r\n(a) the action falls within the meaning of sub-section (2) , and \r\n(b) the use or threat is designed to coerce and intimidate or overawe the \r\nGovernment or the public or a section of the public or community or \r\nsect \r\n25\r\n[or a foreign government or population or an international \r\norganization] or create a sense of fear or insecurity in society; or \r\n(c) the use or threat is made for the purpose of advancing a religious, \r\nsectarian or ethnic cause \r\n26\r\n[or intimidating and terrorizing the public, \r\nsocial sectors, media person s, business community or att acking the \r\ncivilians, including damaging property by ransacking, looting, arson or \r\nby any other means, government officials, installatio ns, security forces \r\nor law enforcement agencies]. \r\n27\r\n[\"Provided that nothing herein c ontained shall apply to a \r\ndemocratic and religious rally or a peaceful demonstration in \r\naccordance with law.] \r\n(2) An “action” shall fall within the meaning of sub-section (1), if it: \r\n(a) involves the doing of anything that causes death; \r\n(b) involves grievous violence against a person or gri evous bodily injury or \r\nharm to a person; \r\n(c) involves grievous damage to property \r\n28\r\n[,including government \r\npremises, official installations, schools, hospitals, offices or any other \r\npublic or private property including damaging property by ransacking, \r\nlooting or arson or by any other means]; \r\n(d) involves the doi ng of anything that is likely to cause death or \r\nendangers a person’s life; \r\n(e) involves kidnapping for ransom, hostage-taking or hijacking; \r\n \r\n24Substituted by the Anti-terrorism (Amendment) Ordinance, 2001(XXXIX of 2001) w.e.f. 14.8.2001, s.5. \r\n25Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.3.2013, s.3. \r\n26Added by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013) w.e.f. 26.03.2013, s.2. \r\n27Ibid. \r\n28Added by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013) w.e.f. 26.03.2013, s.2. \r\n29\r\n[(ee) involves use of explosives by any device including bo mb blast]\r\n30\r\n[or \r\nhaving any explosive substance without any lawful justification or \r\nhaving been unlawfully concerned with such explosive]; \r\n(f) incites hatred and contempt on religious, sectarian or ethnic basis to \r\nstir up violence or cause internal disturbance; \r\n31\r\n[(g) involves taking the law in own hand, award of any punishment by an \r\norganization, individual ·or group whatsoever, not recognized by the \r\nlaw, with a view to coerce, intimidate or terrorize public, individuals, \r\ngroups, .communities, government offic ials and institutions, including \r\nlaw enforcement agencies beyond ·the purview of the law of the land;] \r\n(h) involves firing on religious congregations, mosques, imambargahs, \r\nchurches, temples and all other places of worship , or random firing to \r\nspread panic , or involves any forcible takeover of mosques or other \r\nplaces of worship; \r\n(i) creates a serious risk to safety of the public or a section of the public, \r\nor is designed to frighten the general public and thereby prevent them \r\nfrom coming out and carrying o n their lawful trade and daily business, \r\nand disrupts civic life; \r\n(j) involves the burning of vehicles or any other serious form of arson; \r\n(k) involves extortion of money (bhatta) or property; \r\n(l) is designed to seriously interfere with or seriously disrup t a \r\ncommunications system or public utility service; \r\n(m) involves serious coercion or intimidation of a public servant in order to \r\nforce him to discharge or to refrain from discharging his lawful duties; \r\n32\r\n[* * * *] \r\n(n) involves serious violence against a m ember of the police force, armed \r\nforces, civil armed forces, or a public servant. \r\n33\r\n[(o) involves in acts as part of armed resistance by groups or individuals \r\nagainst law enforcement agencies; or \r\n(p) involves in dissemination, preaching ideas, teachings and beliefs as \r\nper own interpretation on FM stations or through any other means of \r\ncommunication without explicit approval of the .government or its \r\nconcerned departments.] \r\n(3) The use or threat of use of any action falling within sub -section (2) \r\nwhich involv es the use of fire -arms, explosives or any other weapon, is terrorism, \r\nwhether or not subsection 1(c) is satisfied. \r\n \r\n29Inserted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.2. \r\n30Added by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.2. \r\n31Substituted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.2. \r\n32Omitted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.2.` \r\n33Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.2. \r\n34\r\n[(3A) Notwithstanding anything contained in sub -section (1), an action in \r\nviolation of a convention specified in the Fifth Schedule shall b e an act of terrorism \r\nunder this Act;] \r\n(4) In this section “action” includes an act or a series of acts. \r\n(5) In this Act, terrorism includes any act done for the benefit of a \r\nproscribed organization. \r\n(6) A person who commits an offence under this section o r any other \r\nprovision of this Act, shall be guilty of an act of terrorism. \r\n(7) In this Act, a “terrorist” means: \r\n(a) \r\n35\r\n[an individual] who has committed an offence of terrorism under this \r\nAct, and is or has been concerned in the commission, preparation \r\n36\r\n[facilitation, funding] or instigation of acts of terrorism; \r\n(b) \r\n37\r\n[an individual] who is or has been, whether before or after the coming \r\ninto force of this Act, concerned in the commission, preparation \r\n38\r\n[facilitation, funding ] or instigation of acts of terror ism, shall also be \r\nincluded in the meaning given in clause (a) above.] \r\n39\r\n[7. Punishment for acts of terrorism .– \r\n40\r\n[(1)] whoever commits an act of \r\nterrorism under Section 6, whereby– \r\n(a) death of any person is caused, shall be punishable, on conviction, with \r\ndeath or with imprisonment for life, and with fine; or \r\n(b) he does anything likely to cause death or endangers life, but death or \r\nhurt is not caused, shall be punishable, on conviction, with \r\nimprisonment of either description for a term which shall be not less \r\nthan \r\n41\r\n[ten years ] but may extend to\r\n42\r\n[imprisonment for life ] and with \r\nfine; \r\n(c) grievous bodily harm or injury is caused to any person, shall be \r\npunishable, on conviction, with imprisonment of either description for a \r\nterm which shall not be less than \r\n43\r\n[ten years ] but may extend to \r\nimprisonment for life and shall also be liable to a fine; or \r\n(d) grievous damage to property is caused, shall be punishable on \r\nconviction, with imprisonment, of either description for a term not less \r\n \r\n34Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.3. \r\n35Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.3. \r\n36Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.3. \r\n37Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.3. \r\n38Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.3. \r\n39Substituted by the Anti-terrorism (Amendment) Ordinance, 2001(XXXIX of 2001)w.e.f. 15.8.2001, s.6. \r\n40Renumbered by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.3. \r\n41Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n42Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n43Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\nthan ten years \r\n44\r\n[but may extend to imprisonment for life], and shall also \r\nbe liable to a fine; or \r\n(e) the offence of kidnapping for ransom or hostage -taking has been \r\ncommitted, shall be punishable, on conviction, with death or \r\nimprisonment for life \r\n45\r\n[* * * *]; or \r\n(f) the offence o f hijacking, has been committed, shall be punishable, on \r\nconviction, with death or imprisonment for life, \r\n46\r\n[* * * *] and fine; \r\n47\r\n[(ff) the act of terrorism committed falls under section 6 (2) (ee), shall be \r\npunishable with imprisonment which shall not be le ss than fourteen \r\nyears but may extend to imprisonment for life;] \r\n(g) the act of terrorism committed falls under section 6(2) (f) and (g), shall \r\nbe punishable, on conviction, with imprisonment of not less than \r\n48\r\n[two \r\nyears] and not more than \r\n49\r\n[five years] and with fine; or \r\n(h) the act of terrorism committed falls under clauses (h) to (n) of sub -\r\nsection (2) of Section 6, shall be punishable, on conviction, to \r\nimprisonment of not less than \r\n50\r\n[five years ]\r\n51\r\n[but may extend to \r\nimprisonment for life] and with fine; and \r\n(i) any other act of terrorism not falling under clauses (a) to (h) above or \r\nunder any other provision of this Act, shall be punishable, on \r\nconviction, to imprisonment of not less than \r\n52\r\n[five years] and not more \r\nthan \r\n53\r\n[ten years] or with fine or with both.] \r\n54\r\n[(2) An accused, convicted of an offence under this Act shall be punishable \r\nwith imprisonment of ten years or more, including the offences of kidnapping for \r\nransom and hijacking shall also be liable to forfeiture of property.] \r\n55\r\n[7-A Creation of civil commotion * * * * * * * * ] \r\n56\r\n[7-B Punishment for creating civil commotion * * * * * * ] \r\n8. Prohibition of acts intended or likely to stir up sectarian hatred .– A \r\nperson who-- \r\n \r\n44Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n45Omitted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.3. \r\n46Omitted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.3. \r\n47Inserted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n48Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n49Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n50Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n51Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n52Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n53Substituted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.3. \r\n54Added by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.3. \r\n55Inserted by the Anti-Terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999 and omitted by the Anti -\r\nterrorism (Amendment) Ordinance, 2000 (XXIX of 2000)w.e.f. 24.7.2000. \r\n56Inserted by the Anti-Terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999 and omitted by the Anti-\r\nterrorism (Amendment) Ordinance, 2000 (XXIX of 2000)w.e.f. 24.7.2000. \r\n(a) uses threatening, abusive or insulting words or behavior; or \r\n(b) displays, publishes or distributes any written material which is \r\nthreatening, abusive or insulting; or \r\n(c) distributes or shows or plays a recording or visual images or sounds \r\nwhich are threatening, abusive or insulting; or \r\n(d) has in his possession written mat erial or a recording or visual images \r\nor sounds which are threatening, abusive or insulting with a view to \r\ntheir being displayed or published by himself or another, shall be guilty \r\nof an offence if– \r\n(i) he intends thereby to stir up sectarian hatred; or \r\n(ii) having regard to all the circumstances, sectarian hatred is likely \r\nto be stirred up thereby. \r\n9. Punishment for offence under section 8 .– Whoever contravenes any \r\nprovision of section 8 shall be punished with \r\n57\r\n[* * * * ] imprisonment for a term which \r\nmay extend to \r\n58\r\n[five] years,\r\n59\r\n[and with fine]. \r\n10. Power to enter or search .– If any officer of the police, armed forces or civil \r\narmed forces is satisfied that there are reasonable grounds for suspecting that a \r\nperson has possession of written material or a recording in contravention of section 8 \r\nhe may enter and search the premises where it is suspected the material or \r\nrecording is situated and take possession of the same\r\n60\r\n[:] \r\n61\r\n[Provided that the concerned officer first record in writing his reasons for \r\nsuch belief and serve a copy thereof either on the person or on the premises] \r\n11. Power to order forfeiture.– (1) \r\n62\r\n[An Anti-Terrorism Court] by which a person \r\nis convicted of an offence under section 9 shall order to be forfeited any material or \r\nrecording referred to therein. \r\n(2) Where the person who collected the material or recording cannot be \r\nfound or identified \r\n63\r\n[the Anti-Terrorism Court] on the application of the officer seizing \r\nthe material or recording, shall forfeit the material or recording to the State t o be \r\ndisposed of as directed by it. \r\n64\r\n[11A. Organizations concerned in terrorism .– \r\n65\r\n[(1)] For the purposes of this \r\nAct, an organization is concerned in terrorism if it : \r\n(a) commits \r\n66\r\n[,facilitates] or participates in acts of terrorism; \r\n \r\n57Omitted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.8. \r\n58Substituted by the Anti-terrorism (Amendment) Ordinance, 2001(XXXIX of 2001)w.e.f. 14.8.2001, s.7. \r\n59Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.8. \r\n60Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.9. \r\n61Added by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.9. \r\n62Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n63Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n64Inserted by the Anti-terrorism (Amendment) Ordinance, 2001(XXXIX of 2001)w.e.f. 14.8.2001, s.8. \r\n65Renumbered by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.4. \r\n(b) prepares for terrorism; \r\n(c) promotes of encourages terrorism; \r\n(d) supports and assists any organization concerned with terrorism; \r\n(e) patronize and assists in the incitement of hatred and contempt on \r\nreligious, sectarian or ethnic lines that stir up disorder; \r\n(f) fails to expel from i ts ranks or ostracize those who commit acts of \r\nterrorism and presents them as heroic persons; or \r\n(g) is otherwise concerned in terrorism. \r\n67\r\n[(2) An organization shall fall within the meaning of sub-section (1) if it– \r\n(a) is owned or controlled, directly or indi rectly, by a terrorist or an \r\norganization referred in sub-section (1); or \r\n(b) acts on behalf of, or at the direction of, a terrorist or an organization \r\nreferred in sub-section (1).] \r\n68\r\n[11B. Proscription of organizations .– (1) The Federal Government may, by \r\norder published in the official Gazette, list an organization as a proscribed \r\norganization in the First Schedule on an ex parte basis, if there are reasonable \r\ngrounds to believe that it is– \r\n(a) concerned in terrorism; or \r\n(b) owned or controlled, directly or indirectly , by any individual or \r\norganization proscribed under this Act; or \r\n(c) acting on behalf of, or at the direction of, any individual or organization \r\nproscribed under this Act. \r\nExplanation.– The opinion concerning reasonable grounds to believe may be \r\nformed on the basis of information received from any credible source, whether \r\ndomestic or foreign including governmental and regulatory authorities, law \r\nenforcement agencies, financial intelligence units, banks and non -banking \r\ncompanies, and international institutions. \r\n(2) The grounds shall be communicated to the proscribed organization \r\nwithin three days of the passing of the order of proscription.] \r\n69\r\n[11C. Right of Review .– \r\n70\r\n[(1) Where any proscribed organization is aggrieved \r\nby the order of the Federal Government, made under section 11B, it may, within \r\nthirty days of such order, file a review application, in writing, before the Federal \r\nGovernment, stating the grounds on which it is made and the Federal Government \r\nshall, after hearing the applicant, decide the matter on reasonable grounds within \r\nninety days.] \r\n \r\n66Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.4. \r\n67Added by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.4. \r\n68Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.3. \r\n69Insertedby the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n70Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.4. \r\n(2) An organization whose review application has been refused under sub -\r\nsection (1) may file an appeal to the High Court within thirty days of the refusal of the \r\nreview application.] \r\n71\r\n[(3) * * * * * * * * * * * ] \r\n72\r\n[11CC. Proscription Review Committee .– The Federal Government shall \r\nconstitute a Proscription Review Committee, comprising three Government officers, \r\nincluding a representative of the Ministry of Law and Justice, with the Chairman of \r\nthe Committee being a person not below the rank of a Joint Secretary to the Federal \r\nGovernment, to decide, within thirty days, review applications filed under section 11C \r\nand 11EE.] \r\n73\r\n[11D. Observation Order .– Where the Federal Government, has \r\n74\r\n[reasonable \r\ngrounds] to believe th at an organization is acting in a manner that it may be \r\nconcerned in terrorism: \r\n(1) The organization may be kept under observation, if: \r\n(a) the name of the organization is listed in the Second Schedule by \r\norder of the Federal Government; or \r\n(b) it operates under the same name as an organization listed in the \r\nsecond Schedule. \r\n(2) An organization or a person aggrieved by the observation order passed \r\nunder sub-section (1) may file a review application before the Federal \r\nGovernment, which shall, after hearing t he applicant, decide the matter \r\nwithin sixty days. \r\n(3) Where the organization is under observation, the Federal Government \r\nmay further extend the period of observation, only after giving the \r\norganization an opportunity of being heard. \r\n(4) Each observation period shall be for six months, and may be extended \r\nby the Federal Government only after giving an opportunity of being \r\nheard to the organization concerned.] \r\n75\r\n[11E. Measures to be taken against a proscribed organization .– Where any \r\norganization shall be proscribed: \r\n(1) Amongst other measures to be taken by the Federal Government– \r\n(a) it offices, if any, shall be sealed; \r\n76\r\n[(b)] \r\n77\r\n[* * * * * * * * * * ] \r\n \r\n71Omitted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.4 \r\n72Inserted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.5 \r\n73Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n74Substituted for “reason” by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.6. \r\n75Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n76Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.5. \r\n77Omitted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.7. \r\n(c) all literature, posters, banners, or printed, electronic, digital or \r\nother material shall be seized; and \r\n(d) publication, printing or dissemination of any press statements, \r\npress conferences or public utterances by or on behalf of or in \r\nsupport of a proscribed organization shall be prohibited. \r\n78\r\n[(1A) Upon proscription of an organization if the office beare rs, activists, or \r\nthe members or the associates of such organization are found \r\ncontinuing the activities of the proscribed organization, in addition to \r\nany other action under this Act or any other law for the time being in \r\nforce to which they may be liable,– \r\n(a) they shall not be issued any passport or allowed to travel \r\nabroad; \r\n(b) no bank .or financial institution or any other entity providing \r\nfinancial support shall provide any loan facility or financial \r\nsupport to such persons or issue the credit cards to such \r\npersons; and \r\n(c) the arms licenses, if already issued, shall be deemed to have \r\nbeen cancelled and the arms sha ll be deposited: forthwith in the \r\nnearest Police Station, failing which such arms shall be \r\nconfiscated and the holders of suc h arms shall be liable fo r the \r\npunishment provided under the Pakistan Arms Ordinance, 1965 \r\n(WP-XX of 1965) No fresh license, to such persons for any kind \r\nof weapon, shall be issued] \r\n(2) The Proscribed Organization shall submit all accounts of its income \r\nand expenditure for its pol itical and social welfare activities and \r\ndisclose all funding sources to the competent authority designated by \r\nthe Federal Government.] \r\n79\r\n[11EE.] \r\n80\r\n[Proscription of person] .– \r\n81\r\n[(1) The Federal Government may, by order \r\npublished in the official Gazette, list a person as a proscribed person in the Fourth \r\nSchedule on an ex -parte basis, if there are reasonable grounds to believe that such \r\nperson is– \r\n(a) concerned in terrorism; \r\n(b) an activist, office bearer or an associate of an organization kept under \r\nobservation under section 11D or proscribed under section 11B; and \r\n(c) in any way concerned or suspected to be concerned with such \r\norganization or affiliated with any group or organization suspected to \r\nbe involved in terrorism or sectarianism or acting on behalf of, or at the \r\ndirection of, any person or organization proscribed under this Act: \r\n \r\n78Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.5. \r\n79Inserted by the Anti-Terrorism (Amendment) Ordinance, 2002 (CXXV of 2002)w.e.f15.11.2002, S.2. \r\n80Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.8. \r\n81Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.8. \r\nExplanation.– The opinion concerning reasonable grounds to believe may be \r\nformed on the basis of information received from any credible source, whether \r\ndomestic or foreign including governm ental and regulatory authorities, law \r\nenforcement agencies, financial intelligence units, banks and non -banking \r\ncompanies, and international institutions.] \r\n82\r\n[(1A) The grounds shall be communicated to the proscribed person within \r\nthree days of the passing of the order of proscription.] \r\n(2) Where a person’s name is listed in the Fourth Schedule, the Federal \r\n83\r\n[****], as the case may be, without prejudice to any other action which may lie \r\nagainst such person under this Act or any other law for the time being in force, may \r\ntake following actions and exercise following powers, namely:– \r\n(a) require such person to execute a bond with one or more sureties to the \r\nsatisfaction of the District Police Officer in the territorial limits of which \r\nthe said person ordinarily resides, or carries on business, for his good \r\nbehavior and not to involve in any act of terrorism or in any manner \r\nadvance the objectives of the organization referred to in sub-section (1) \r\nfor such period not exceeding three years and in such amount as may \r\nbe specified: \r\nProvided that where he fails to execute the bond or cannot produce a \r\nsurety or sureties to the satisfaction of the District Police Officer order \r\nhim to be detained and produced within twenty -four hours before a \r\ncourt which shall order him to be detained in prison until he executes \r\nthe bond or until a satisfactory surety or sureties if required, are \r\navailable or, failing that the term of the order under clause (a) expires: \r\nProvided further that where he is a minor, the bond executed by a \r\nsurety or sureties only may be accepted; \r\n(b) require any such person to seek prior permission from the officer \r\nincharge of the Police Station of the concerned area before moving \r\nfrom his permanent place of residence for any period of time and to \r\nkeep him infor med about the place he would be visiting and the \r\npersons, he would be meeting during the stay; \r\n(c) require: \r\n(i) that his movements to be restricted to any place or area \r\nspecified in the order; \r\n(ii) him to report himself at such times and places and in such mode \r\nas may be specified in the order; \r\n(iii) him to comply with both the directions; and \r\n(iv) that he shall not reside within areas specified in the order; \r\n(d) direct that he shall not visit or go within surroundings specified in the \r\norder including any of the under mentioned places, without the written \r\npermission of the officer incharge of the Police Station within whose \r\njurisdiction such place is situated, namely: – \r\n \r\n82Inserted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.8. \r\n83Omitted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.8. \r\n(i) schools, colleges and other institutions where persons under \r\ntwenty-one years of age or women are given education or other \r\ntraining or are housed permanently or temporarily; \r\n(ii) theatres, cinemas, fairs, amusement parks, hotels, clubs, \r\nrestaurants, tea shops and other place of public entertainment \r\nor resort; \r\n(iii) airports, railway stat ions, bus stands, telephone exchanges, \r\ntelevision stations, radio stations and other such places; \r\n(iv) public or private parks and gardens and public or private playing \r\nfields; and \r\n(v) the scene of any public meeting or procession of any \r\nassemblage of the public whether in an enclosed place or \r\notherwise in connection with any public even festival or other \r\ncelebrations; \r\n(e) check and probe the assets of such persons or their immediate family \r\nmembers i.e., parents, wives and children through police or any oth er \r\nGovernment agency, which shall exercise the powers as are available \r\nto it under the relevant law for the purposes of the investigation, to \r\nascertain whether assets and sources of income are legitimate and are \r\nbeing spent on lawful objectives: \r\nProvided t hat no order under clause (d) or (e) above shall be made \r\noperative for a period of more than three years; and \r\n(f) monitor and keep surveillance over the activities of such person \r\nthrough police or any other Government agency or any person or \r\nauthority designated for the purpose. \r\n84\r\n[(3) Where any person is aggrieved by the order of the Federal \r\nGovernment made under sub -section (1), he may, within thirty days of such order, \r\nfile a review application, in writing, before the Federal Government stating the \r\ngrounds on which it is made and the Government shall, after hearing the applicant, \r\ndecide the matter on reasonable grounds within ninety days.] \r\n85\r\n[(3A) A person whose review application has been refused under sub -\r\nsection (3) may file an appeal to the High Court within thirty days of the refusal of the \r\nreview application.] \r\n(4) Any person who violates any direction or order of the Federal \r\n86\r\n[****] or \r\nany terms of bond referred to in sub -section (2), shall be punishable with \r\nimprisonment of either description for a term which may extend to three years, or \r\nwith fine, or with both.] \r\n87\r\n[11EEE. Power to arrest and detain suspected persons .– (1) Government if \r\nsatisfied that with a view to prevent any person whose name is included in the list \r\n \r\n84Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.8. \r\n85Inserted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.8. \r\n86Omitted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.8. \r\n87Inserted by the Anti-Terrorism (Amendment) Ordinance, 2002 (CXXV of 2002)w.e.f 15.11.2002, s.3. \r\nreferred to section 11EE, it is necessary so to do, may, by order in writing, direct to \r\narrest and detain, in such custody as may be specified, such person for such period \r\nas may be specified in the order, and Government if satisfied that for the aforesaid \r\nreasons it is necessary so to do, may, extend from time to time the period of such \r\ndetention for a total period not exceeding twelve months. \r\n(2) The provisions of Article 10 of the Constitution of the Islamic Republic \r\nof Pakistan shall mutatis mutandis apply to the arrest and detention of a person \r\nordered under sub-section (1).] \r\n88\r\n[11EEEE. Preventive detention for inquiry.– \r\n89\r\n[(1) The Government or, where \r\nthe provisions of section 4 have been invoked, the armed forces or civil armed \r\nforces, as the case may be, subject to the specific or g eneral order of the \r\nGovernment in this regard, for a period not exceeding three months and after \r\nrecording reasons thereof, issue order for the preventive detention of any person \r\nwho has been concerned in any offence under this Act relating to the security or \r\ndefence of Pakistan or any part thereof, or public order relating to target killing, \r\nkidnapping for ransom, and extortion/bhatta, or the maintenance of supplies or \r\nservices, or against whom a reasonable complaint has been made or credible \r\ninformation has been received, or a reasonable suspicion exists of his having been \r\nso concerned, for purpose of inquiry: \r\nProvided that the detention of such person, including detention for further \r\nperiod after three months, shall be subject to the provisions of Article 10 of the \r\nConstitution90[:] \r\n91[Provided further that provision of sub –section (3) shall not apply to such \r\nperson.] \r\n(2) The inquiry under sub-section (1) may be conducted by a police \r\nofficer not below the rank of Superintendent· of Police or through a Joint \r\nInterrogation Team (JIT) to be notified by the Government comprising a police \r\nofficer not below the rank of Superintendent of Police and ·officers o f other \r\ninvestigation agencies And the powers of the inquiry officer will be vested as per \r\nsection 5 of the Federal Investigation Agency Act, 1974 (VIIIof1975) \r\n92\r\n[:] \r\n93\r\n[94[Provided that where the detention order has been issued by the armed \r\nforces or civil armed forces under sub -section (1), the inquiry shall be conducted by \r\nthe joint investigation team comprising of a police officer, not below the rank of \r\nSuperintendent of Police, member of intelligence agencies, civil armed forces, armed \r\nforces and other law enforcing agencies.]] \r\n \r\n88Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.6. \r\n89Substituted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014)w.e.f. 18.6.2014, s.3. \r\n90Inserted by the Punjab Anti-terrorism (Amendment) Act 2025 (XLIV of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 29 May 2025, p. 4805, s.2(a). \r\n91Inserted by the Punjab Anti-terrorism (Amendment) Act 2025 (XLIV of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 29 May 2025, p. 4805, s.2(a). \r\n92Substituted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014)w.e.f. 18.6.2014, s.3. \r\n93Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014)w.e.f. 18.6.2014, s.3. \r\n94Substituted by the Punjab Anti-terrorism (Amendment) Act 202 5 (XLIV of 202 5), published in the Punjab Gazette \r\n(Extraordinary), dated: 29 May 2025, p. 4805, s.2.(b). \r\n.. \r\n- \r\n \r\n95\r\n[96[(2A) The provisions of sub -sections (1) and (2) shall remain in force \r\nfor a per iod of two years from the commencement of the Anti -terrorism (Punjab \r\nAmendment) Act 2025.]] \r\n (3) The detenue shall be produced in camera before the presiding officer \r\nof the court or in his absence before the District and Sessions Judge or the \r\nMagistrate appointed under the Shariah Nizam-Adl Regulation, 2009, within twenty -\r\nfour hours of his detention, and before the presiding officer of the court if and when \r\nany extension in the period -of detention is requested. \r\n(4) During inquiry the concerne d police officer not below the rank of \r\nSuperintendent of Police or equivalent officer of the law enforcement agencies or the \r\nmembers of Joint interrogation Team (JIT) as the case may be, shall have all the \r\npowers relating to search, arrest of persons and s eizure of property, and other \r\nrelevant material connected with the commission of offence and shall have all the \r\npowers as a Police Officer has in relation to the investigation of offences under the \r\nCode or any other law for the time being in force: \r\nProvided that the detenue shall be kept in a detention center so notified by the \r\nGovernment and the presiding officer of the court or the Magistrate, as the case any \r\nbe referred in sub-section (3) shall have the authority to inspect the detention centres \r\nto ensure that the custody is in accordance with the law for the time being in force. \r\n97\r\n[(5) Any person detained under this section shall be provided facility of \r\nmedical checkup as may be prescribed by rules.] \r\n98\r\n[11EEEEE. Prohibition on disposal of property .– (1) If during the course of \r\ninquiry or investigation, the police officer not below the rank of Superintendent of \r\nPolice or the Joint Investigation Team, as the case, may be has sufficient evidence \r\nto believe that any .property which is subject matter of the inq uiry or investigation is \r\nlikely to be removed transferred or otherwise disposed of before an order of the \r\nappropriate authority for its seizure is obtained, such officer or the team may, be \r\norder in writhing, direct the owner or any person who is, for the time being, in \r\npossession thereof not to remove, transfer or otherwise dispose of such property in \r\nany manner except with the previous permission of such officer or the team, as the \r\ncase may be, and such order shall be subject to any order made by, the C ourt \r\nhaving jurisdiction in the matter. \r\n(2) Any contravention of an order made under sub -section (1) shall be \r\npunishable with rigorous imprisonment for a term which may extend to two years, or \r\nwith fine, or with both.] \r\n99\r\n[11F. Membership, support and meetin gs relating to a Proscribed \r\nOrganization:(1) A person is guilty of an offence if he belongs or professes to \r\nbelong to a proscribed organization. \r\n \r\n95Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014)w.e.f. 18.6.2014, s.3. \r\n96Substituted by the Punjab Anti-terrorism (Amendment) Act 202 5 (XLIV of 202 5), published in the Punjab Gazette \r\n(Extraordinary), dated: 29 May 2025, p. 4805, s.2(c). \r\n97Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014)w.e.f. 18.6.2014, s.3. \r\n98Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.6. \r\n99Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n(2) A person is guilty of an offence under sub -section (1) shall be liable on \r\nconviction to a term not exceeding six months imprisonment and a fine. \r\n(3) A person commits an offence if he: \r\n(a) solicits or invites support for a proscribed organization, and the support \r\nis not, or is not restricted to, the provision of money or other property; \r\nor \r\n(b) arranges, manages or assists in managing, or addressing a meeting \r\nwhich he knows is: \r\n(i) to support a proscribed organization; \r\n(ii) to further the activities of a proscribed organization; or \r\n(iii) to be addressed by a person who belongs or professes to \r\nbelong to a proscribed organization. \r\n(4) A person commits an offence if he addresses a meeting, or delivers a \r\nsermon to a religious gathering, by any means whether verbal, written, electronic, \r\ndigital or otherwise, and the purpose of his address or sermon, is to encourage \r\nsupport for a proscribed organization or to further its activities. \r\n(5) A person commits an offence if he solicits, collects or raises \r\n100\r\n[money \r\nor other property] for a proscribed organization. \r\n(6) A person guilty of an offence under sub -sections (3), (4) and (5) shall \r\nbe liable on conviction to a term of imprisonment not less than one year and not \r\nmore than five years and a fine.] \r\n101\r\n[11G. Uniform.– (1) A person commits an offence if he– \r\n(a) wears, carries or displays any article, symbol, or any flag or banner \r\nconnected with or associated with any proscribed organization; or \r\n(b) carries, wears or displays any uniform, item of clothing or dress in such \r\na away or in such circumstances as to arouse reasonable suspicion \r\nthat he is a member or supporter of a proscribed organization. \r\n102\r\n[(2) A person who commits an offence under sub -section (1) shall be liable \r\nto imprisonment for a term which may extend to five years, or with fine, or with both.] \r\n103\r\n[11H. Fund raising.– (1) A person commits an offence if he: \r\n(a) invites another to provide money or other property, and \r\n(b) intends that it should be used, or has reasonable cause to suspect that \r\nit may be used, for the purpose of terrorism \r\n104\r\n[or by a terrorist or \r\norganization concerned in terrorism.] \r\n(2) A person commits an offence if: \r\n \r\n100Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.6. \r\n101Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n102Substituted by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f.11.1.2005, s.4. \r\n103Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n104Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.7. \r\n(a) he receives money or other property, and \r\n(b) intends that it should be used, or has reasonable cause to suspect that \r\nit may be used, for the purposes of terrorism \r\n105\r\n[or by a terrorist or \r\norganization concerned in terrorism.] \r\n(3) A person commits an offence if he: \r\n(a) provides money or other property; and \r\n(b) knows or has reasonable cause to suspect that it will or may be used \r\nfor the purposes of terrorism \r\n106\r\n[or by a terrorist or organization \r\nconcerned in terrorism.] \r\n(4) In this section a reference to the provision of money or other property is \r\na reference to its being given, lent or otherwise made available, whether or not for \r\nconsideration.] \r\n107\r\n[11-I. Use and possession.– (1) A person commits an offence if– \r\n(1) he uses money or other property for the purposes of terrorism; or \r\n(2) he– \r\n(a) possesses money or other property; and \r\n(b) intends that it should be used, or has reasonable cause to \r\nsuspect that it may be used, for the purposes of terrorism.] \r\n108\r\n[11J. Funding Arrangements.– \r\n109\r\n[(1)] A person commits an offence if he– \r\n(a) enters into or becomes concerned in an arrangement as a result of \r\nwhich money or other property is made available or is to be made \r\navailable to another, and \r\n(b) has reasonable cause to suspect that it will or may be used for the \r\npurposes of terrorism.] \r\n110\r\n[(2) Any person in Pakistan or a Pakistani national outside Pakistan shall \r\ncommit an offence under this Act, if he knowingly or willfully makes money or other \r\nproperty or services available, directly or indirectly, wholly or jointly, for the benefit of \r\na proscribed organization or proscribed person.] \r\n111\r\n[11K. Money-laundering.– (1) A person commits an offence if he enters into or \r\nbecomes concerned in any arrangement which facilitates the retention or control, by \r\nor on behalf of another person, of terrorist property: \r\n(a) by concealment, \r\n(b) by removal from the jurisdiction, \r\n \r\n105Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.7. \r\n106Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.7. \r\n107Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n108Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n109Renumbered by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.9. \r\n110Added by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.9. \r\n111Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n(c) by transfer to nominees, or \r\n(d) in any other way. \r\n(2) It is a defense for a person charged with an offence under sub -section \r\n(1) to prove that he did not know and had no re asonable cause to suspect that the \r\narrangement related to terrorist property.] \r\n112\r\n[11L. Disclosure of Information.– (1) Where a person– \r\n(a) believes or suspects that another person has committed an offence \r\nunder this Act; and \r\n(b) bases his belief or suspicio n on information which comes to his \r\nattention in the course of a trade, profession, business or employment, \r\nhe commits an offence if he does not disclose to a police officer as \r\nsoon as is reasonably practicable his belief or suspicion, and the \r\ninformation on which it is based. \r\n(2) It is a defense for a person charged with an offence under sub -section \r\n(1) of this section to prove that he had a reasonable excuse for not making the \r\ndisclosure: \r\n Provided that this sub -section does not require disclosure by a pr ofessional \r\nlegal advisor of any information which he obtains in privileged circumstances. \r\n(3) A person may disclose to a police officer: \r\n(i) a suspicion or belief that any money or other property is terrorist \r\nproperty or is derived from terrorist property; or \r\n(ii) any matter on which the suspicion is based. \r\n(4) Sub-section (3) shall have effect notwithstanding any restriction on the \r\ndisclosure of information imposed by any law for the time being in force.] \r\n113\r\n[11M. Cooperation with Police .– (1) A person does not commit an offence \r\nunder sections 11H to 11K, if he is acting with the express consent of a police officer \r\nnot below the rank of a Deputy Superintendent; and \r\n(2) Subject to sub -sections (3) and (4) under this section, a person does \r\nnot commit an offence under Sections 11H to 11K by involvement in a transaction or \r\narrangement relating to money or the property if he discloses to a police officer: \r\n(a) his suspicion or belief that the money or other property is terrorist \r\nproperty, and \r\n(b) the information on which his suspicion or belief is based. \r\n(3) Sub-section (2) under this section applies only where a person makes \r\na disclosure– \r\n(a) after he becomes concerned in the transaction concerned; \r\n(b) on his own initiative; and \r\n(c) as soon as is reasonably practicable. \r\n \r\n112Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n113Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n(4) Sub-section (2) under this section does not apply to a person if– \r\n(a) a police officer forbids his to continue his involvement in the transaction \r\nor arrangement to which the disclosure relates, and \r\n(b) he continues his involvement. \r\n(5) It is a defence for a person charged with an offence under Section 11H \r\nto 11K to prove that: \r\n(a) he intended to make a disclosure, and \r\n(b) there is reasonable excuse for his failure to do so.] \r\n114\r\n[11N. Punishment under Section 11H to 11K .– Any person who commits an \r\noffence under sections 11H to 11K, shall be punishable on conviction with \r\nimprisonment for a term not less than \r\n115\r\n[five years] and not exceeding \r\n116\r\n[ten years] \r\nand with fine. \r\n117\r\n[11O. Seizure, freeze and detention .– (1) On proscription made under section \r\n11B or, as the case may be, section 11EE,– \r\n(a) the money or other property owned or controlled, wholly or partly, \r\ndirectly or indirectly, by a proscribed organization or proscribed person \r\nshall be frozen or seized, as the case may be; \r\n(b) the money or other property der ived or generated from any property \r\nreferred in clause (a) shall be frozen or seized, as the case may be; \r\n(c) no person shall use, transfer, convert, dispose of or remove such \r\nmoney or other property with effect from proscription; and \r\n(d) within forty-eight hours of any freeze or seizure, the person carrying out \r\nthe freeze or seizure shall submit a report containing details of the \r\nproperty and the persons affected by the freeze or seizure to such \r\noffice of the Federal Government as may be notified in the official \r\nGazette. \r\n(2) Any person who violates any provision of sub-section (1) shall be liable \r\nto penalty of fine not exceeding ten million rupees. \r\n(3) If a legal person violates any provision of sub-section (1), such person \r\nshall be liable to penalty of fine not exceeding ten million rupees and every director, \r\nofficer or employee of such person found guilty of the violation shall be punished in \r\nterms thereof. \r\n(4) On an application made by any affected person, the Federal \r\nGovernment shall inquire into the ownership a nd control of any money or other \r\nproperty that has been frozen or seized and, if it is satisfied that the money or other \r\nproperty has inadvertently been frozen or seized, the same shall be ordered to be \r\nreleased immediately. \r\n \r\n114Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n115Substituted for “six months” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f.11.1.2005, s.5. \r\n116Substituted for “five years” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f.11.1.2005, s.5. \r\n117Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.10. \r\n(5) No prosecution, suit or oth er proceedings shall lie against the \r\ngovernment or any other person complying or purporting to comply with sub -section \r\n(1) for anything done in good faith to effect freeze or seizure.] \r\n118\r\n[11OO. Access to ser vices, money or other property .– (1) The Federal \r\nGovernment may permit a person to make available to a proscribed organization or \r\nproscribed person such services, money or other property as may be prescribed, \r\nincluding such money as may be required for meeting necessary medical and \r\neducational expenses and for subsistence a llowance, and such person shall not be \r\nliable for any offence under this Act on account of provision of the prescribed \r\nservices, money or other property. \r\n(2) On an application made by a proscribed organization or proscribed \r\nperson, the F ederal Government may authorize such organization or person to \r\naccess such money or other property or avail such services as may be prescribed.] \r\n119\r\n[11P. Application by investigating officer to Court .– (1) An investigating officer \r\nmay apply to a court for an order under this section for attachment of a terrorist \r\nproperty. \r\n(2) An order under this section, shall– \r\n(a) provide for attachment of the terrorist property for a period specified in \r\nthe order or pending completion of the investigation; and \r\n(b) require notice to be given to the person from whom such property was \r\nattached and to any other person who is affected by and specified in \r\nthe order. \r\n(3) Any cash attached under this section shall be held in a profit and loss \r\naccount and the profit and loss so earne d shall be added to it on its release or \r\nforfeiture.] \r\n120\r\n[11Q. Forfeiture.– (1) The Court by or before which a person is convicted of an \r\noffence under any of the sections 11H to 11M may make a forfeiture order in \r\naccordance with the provisions of this section. \r\n(2) Where a person is convicted of an offence under section 11H (1) or (2) \r\nor section 11-I, the Court may order the forfeiture of any money or other property: \r\n(a) which, at the time of the offence, he had in his possession or under his \r\ncontrol; and \r\n(b) which, at that time, he intended should be used, or had reasonable \r\ncause to suspect might be used, for the purposes of terrorism. \r\n(3) Where a person has been convicted under Section 11H (3), the court \r\nmay order the forfeiture of any money or other property: \r\n(a) which, at the time of the offence, he had in his possession or under his \r\ncontrol, and \r\n \r\n118Inserted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.11. \r\n119Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.12. \r\n120Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8 \r\n(b) which, at the time, he knew or had reasonable cause to suspect would \r\nor might be used for the purposes of terrorism. \r\n(4) Where a person is convicted of an offe nce under section 11J, the court \r\nmay order the forfeiture of the money of other property: \r\n(a) to which the arrangement in question related; and \r\n(b) which, at the time of the offence, he knew or had reasonable cause to \r\nsuspect would or might be used for the purposes of terrorism. \r\n(5) Where a person is convicted of an offence under section 11K, the court \r\nmay order the forfeiture of the money or other property to which the arrangement in \r\nquestion related. \r\n(6) Where a person is convicted of an offence under an y of the sections \r\n11H to 11K, the Court may order forfeiture of any money or other property which \r\nwholly or partly, and directly or indirectly, is received by any person as a payment or \r\nother reward in connection with the commission of the offence.] \r\n121\r\n[(7) A person other than an accused, claiming the ownership or interest in \r\nany property or assets, suspected to be terror ist property, may within a period of \r\nfifteen days of freezing of account or of t aking in to possession or control of such \r\nproperty or assets , as the ca se may be or-within such e xtended period as the \r\ncourt may, for reasons to be recorded, allow file his claim before the court. The \r\ncourt after gi ving notice to the pro secution and hearing the parties, shall decide \r\nthe claim.] \r\n122\r\n[11R. Evidentiary standard for forfeiture.– (1) The court may pass an order for \r\nforfeiture under section 11Q upon conviction and only if satisfied on reasonable \r\ngrounds that the money or other property is a terrorist property and before so doing \r\nmust give an opportunity to be heard to any person,– \r\n(a) who is not a party to the proceedings; and \r\n(b) who claims to be the owner of or otherwise interested in any of the \r\nmoney or other property which can be forfeited under this section. \r\n(2) An order may be made under section 11Q, whether o r not proceedings \r\nare brought against all the persons for an offence with which the money or other \r\nproperty is connected.] \r\n123\r\n[11S. Appeal against forfeiture order \r\n124\r\n[* ***].– (1) Any party to the proceedings \r\nin which a forfeiture order is made under \r\n125\r\n[section 11Q]\r\n126\r\n[****], may appeal to the \r\nHigh Court against such an order. \r\n(2) An appeal must be brought before the end of the period of thirty days \r\nbeginning with the dated on which the forfeiture order was made.] \r\n \r\n121Added by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.8. \r\n122Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.13. \r\n123Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n124Omitted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.11 \r\n125Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.11 \r\n126Added by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.14 \r\n127\r\n[11T. Deposit of \r\n128\r\n[money or other property ] in a fund.– (1) Any \r\n129\r\n[money or \r\nother property] to which a forfeiture order under section 11R and 11S applies, along \r\nwith \r\n130\r\n[any addition, return,] profit and loss accrued, shall be deposited into a special \r\nfund to be notified by the Federal Government– \r\n(a) after the expiry of the limitation period within which an appeal against \r\nthe forfeiture order may be brought under Section 11S (2), or \r\n(b) Where an appeal brought under section 11S has been determined and \r\ndisposed of. \r\n(2) Any fund constituted by the Federal G overnment under sub-section (1) \r\nmay also be used to compensate victims of acts of terrorism or in the case of \r\ndeceased victims, their dependents.] \r\n131\r\n[(3) The Federal Government may, by rules made under this Act, prescribe \r\nthe manner of administration of the fund and management or disposal of the money \r\nor property forfeited under this Act.] \r\n132\r\n[11U. De-proscription.– (1) The Federal Government may, by notification in the \r\nofficial Gazette, at any time remove any organization or person from the First \r\nSchedule or Fourth Schedule, as the case may be, on the basis that no reasonable \r\nground for proscription exists. \r\n(2) After three years of the disposal of appeal, if any, or where no appeal \r\nwas filed, from the date of the order of proscription, or form the date of any refusal of \r\nan application of de-proscription,– \r\n(a) the Federal Government shall conduct review of the proscriptions to \r\ndetermine whether any proscription may be cancelled on the basis \r\nprovided for under sub-section (1); and \r\n(b) until a proscription is canc elled, any money or other property frozen or \r\nseized on account of the proscription shall remain frozen or seized, as \r\nthe case may be. \r\n(3) On cancellation of the proscription under this Act, any money or other \r\nproperty that has been frozen or seized shall be released in a timely manner.] \r\n133\r\n[11V. Directing terrorist activities.– (1) A person commits an offence if he: \r\n(a) directs, at any level, whilst resident in Pakistan or abroad, activities of \r\nan organization concerned with the preparation, instigation or \r\ncommission of acts of terrorism; or \r\n(b) directs, from within the country or abroad, activities connected with the \r\ncommission, preparation or instigation of an act of terrorism. \r\n \r\n127Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8. \r\n128Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.12 \r\n129Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.12 \r\n130Substituted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.12 \r\n131Added by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013)w.e.f. 19.3.2013, s.12 \r\n132Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.15 \r\n133Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8 \r\n(2) A person guilty of an offence under sub -section (1) shall be liable on \r\nconviction to \r\n134\r\n[imprisonment for life ] and to forfeiture or confiscation of his assets \r\nwithin or outside Pakistan.] \r\n135\r\n[11W. (1) Printing, publishing, or disseminating any material to incite hatred \r\nor giving projection to any person convicted for a terrorist act o r any \r\nproscribed organization or an organization placed under observation or \r\nanyone concerned in terrorism .– (1) A person commits an offence if he prints, \r\npublishes or disseminates any material, whether by audio or video -cassettes \r\n136\r\n[or \r\nany form of data, storage devise, FM radio station or by any visible sign]or by written, \r\nphotographic, electronic, digital, wall -chalking or any other method \r\n137\r\n[or means of \r\ncommunication] which \r\n138\r\n[glorifies terrorists or terrorist activities or ] incites religious, \r\nsectarian or ethnic hatred or gives projection to any person convicted for a terrorist \r\nact, or any person or organization concerned in terrorism or proscribed organization \r\nor an organization placed under observation: \r\nProvided that a factual news report, made in good fa ith, shall not be \r\nconstructed to mean “projection” for the purposes of this section. \r\n139\r\n[(2) Any person \r\n140\r\n[guilty] of an offence under sub -section (1) shall be \r\npunishable on conviction with imprisonment which may extend to five years and with \r\nfine.]] \r\n141\r\n[11X. Responsibility for creating civil commotion .– (1) A person commits an \r\noffence if he makes any call for action or shut -down, imposed through the use of \r\nthreats or force resulting in damage or destruction of property or injury to person, to \r\nintimidate citizens and prevent them from carrying out their lawful trade or business \r\nactivity. \r\n(2) A person guilty of an offence under sub -section (1) shall on conviction \r\nbe punishable with imprisonment for a term not less than \r\n142\r\n[five years] and not more \r\nthan \r\n143\r\n[ten years] and shall pay compensation as may be determined by the Court, \r\nfrom the funds of the organization to which he belongs or from his own personal \r\nresources or assets for the hurt or damage or destruction caused as result of the \r\ncommission of the offence under sub-section (1). \r\n(3) A person commits an offence if he addresses a meeting or gathering or \r\ndelivers a sermon to a religious gathering by any means whether verbal, written, \r\nelectronic, digital or otherwise to incite religious, sectarian or ethnic hatred and \r\n \r\n134Substituted for the word “imprisonment for the maxim um term of seven years” by the Anti -terrorism (Second Amendment) \r\nAct, 2004 (II of 2005) w.e.f. 11.1.2005, s.6. \r\n135Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8 \r\n136Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.9. \r\n137Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.9. \r\n138Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.9. \r\n139Substituted by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.7. \r\n140Misprinted in the gazette as “quality”. \r\n141Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.8 \r\n142Substituted for “six months” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.8 \r\n143Substituted for “five years” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.8 \r\ncontempt, and shall, on conviction, be punishable with imprisonment not less than \r\n144\r\n[five years] and not more than \r\n145\r\n[ten years] or fine or with both.] \r\n12. Jurisdiction of \r\n146\r\n[Anti-terrorism Court ].– (1) Notwithstanding anything \r\ncontained in the Code or in an y other law, a scheduled offence committed in an area \r\nin a province \r\n147\r\n[or the Islamabad Capital Territory ] shall be tribal only by the \r\n148\r\n[ the \r\nAnti-terrorism Court] exercising territorial jurisdiction in relation to such area. \r\n(2) Notwithstanding anything contained in sub section (1), if, in respect of a \r\ncase involving a scheduled offence committed in any area, the Government, having \r\nregard to the facts and circumstances of the case, is satisfied that in order to ensure \r\na fair trial, or for the protection and safety of witnesses, that such offence should be \r\ntried by \r\n149\r\n[an Anti -terrorism Court ] established in relation to any other area, the \r\nGovernment may make a declaration to that effect. \r\nExplanation.– Where \r\n150\r\n[an Anti-terrorism Court] is established in relatio n to two or \r\nmore areas, such \r\n151\r\n[Anti-terrorism Court ] shall be deemed, for the purpose of this \r\nsub-section, to have been established in relation to each of such areas. \r\n(3) Where a declaration is made in respect of an offence committed in an \r\narea in a Provin ce, \r\n152\r\n[or the Islamabad Capital Territory ] any prosecution in respect \r\nof such offence shall be instituted only in \r\n153\r\n[the Anti-terrorism Court] established in \r\nrelation to such area, and, if any prosecution in respect of such offence is pending \r\nimmediately be fore such declaration in any other Court, the same shall stand \r\ntransferred to such \r\n154\r\n[Anti-terrorism Court ] and such \r\n155\r\n[Anti- terrorism Court ] shall \r\nproceed with such case from the stage at which it was pending at that time without \r\nthe necessity of recalling any witnesses. \r\n156\r\n[13. Establishment of Anti-terrorism Court.– (1) for the purpose of providing for \r\nthe speedy trial of the cases \r\n157\r\n[under this Act ] and of scheduled offences, the \r\nFederal Government, or if so directed by the Government, the Provincial \r\nGovernment may establish by notification one or more anti -terrorism courts in \r\nrelation to \r\n158\r\n[each territorial area as specified by the High Court concerned] \r\n \r\n144Substituted for “six months” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.8 \r\n145Substituted for “three years” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.8 \r\n146Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n147Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.10. \r\n148Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n149Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n150Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n151Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n152Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.10. \r\n153Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n154Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n155Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n156Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.10. \r\n157Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.11. \r\n158Substituted for “each area” by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2 \r\n(2) Where more anti -terrorism courts than one have been established in \r\nany area, the Government in consul tation with the Chief Justice of the High Court \r\nshall \r\n159\r\n[designate a Judge of any such Court to be an administrative judge ] and all \r\ncases triable under this Act pertaining to the said area shall be filed before the \r\n160\r\n[said \r\ncourt and such judge may either try the case himself] or, assign any case, or cases, \r\nfor trial to any other anti-terrorism court at any time prior to the framing of the charge. \r\nThe cases shall be assigned to a court one case at a time: \r\nProvided that in order to ensure that the time of the C ourt is not wasted if for \r\nsome reason a given case cannot proceed more than one case can be assigned to it \r\nat any time or from time to time. \r\n(3) In respect of a case assigned to a court under sub -section (2), all \r\norders made or proceedings taken before the assignment shall be deemed to have \r\nbeen made or taken by the court to which the case has been assigned.] \r\n161\r\n[(4) Notwithstanding anything contained in sub -section (2) and sub -section \r\n(3), the Federal Government or if so directed by the Government, the Prov incial \r\nGovernment shall in addition to the existing \r\n162\r\n[Anti-terrorism Courts ] or such other \r\n163\r\n[Anti-terrorism Courts ] as may be established in the area, establish one such \r\nadditional\r\n164\r\n[Anti-terrorism Court ] under this Act at the Principal seat of the \r\n165\r\n[each \r\nHigh Court] and appoint a Judge of such High Court as a Judge of \r\n166\r\n[Anti-terrorism \r\nCourt] in consultation with the Chief Justice of the High Court concerned, and where \r\na Judge of High Court is appointed as a Judge for any area under this Act he shall \r\nbe the administrative judge for that area and such administrative Judge may, in \r\naddition to the powers exercisable under this Act, either suo motu or on the \r\napplication of any party, at any stage of the proceedings whether before or after the \r\nframing of charge, for sufficient cause including as mentioned in sub -section (1) of \r\nsection 28, transfer, withdraw or recall any case pending before any other \r\n167\r\n[Anti-\r\nterrorism Court] in that area and may either try the case himself or make it over for \r\ntrial to any other \r\n168\r\n[Anti-terrorism Court] in that area. \r\n(5) The \r\n169\r\n[Anti-terrorism Court ] to which a case is transferred or recalled \r\nfor trial under sub -section (4), shall proceed with the case from the stage at which it \r\nwas pending immediately before such transfer or recall and it shall not be bound to \r\nrecall or rehear any witness who has given evidence and may act on the evidence \r\nalready recorded.] \r\n \r\n159Substituted by the Anti-Terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002)w.e.f 23.11.2002, s.2 \r\n160Substituted by the Anti-Terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002)w.e.f 23.11.2002, s.2 \r\n161Added by the Anti-Terrorism (Third Amendment) Ordinance, 1999(XX of 1999)w.e.f. 02.12.1999 s.2. \r\n162Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2. \r\n163Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2. \r\n164Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2. \r\n165Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2 \r\n166Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2. \r\n167Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2. \r\n168Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2. \r\n169Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2. \r\n170\r\n[14. Composition and appointment of presiding officers of Anti -terrorism \r\nCourts.– (1) An Anti-terrorism Court Shall consist of a Judge, being a person who– \r\n(i) is a Judge of High Court, or is or has been a Sessions Judge or an \r\nAdditional Sessions Judge; or \r\n(ii) is Judicial Magistrate First Class vested with powers under section 30 \r\nof the Code; or \r\n(iii) has for a period of not less t han ten years been an advocate of a High \r\nCourt. \r\n(2) The Federal Government or the Provincial Government, if directed by \r\nthe Federal Government to establish a court under this Act, shall, after consultation \r\nwith the Chief Justice of the High Court, appoint a Judge of each court. \r\n(3) A Judge shall hold office for a period of two and a half years but may \r\nbe appointed for such further term or part of term as the Government appointing the \r\nJudge may determine. \r\n(4) A Judge may be removed from his office prior to the completion of the \r\nperiod for which he has been appointed after consultation with the Chief Justice of \r\nthe High Court. \r\n(5) In case a Judge is on leave, or for any other reason temporarily unable \r\nto perform his duties, the Government making appointment o f such Judge may, after \r\nconsultation with the Chief Justice of the High Court, authorize the Sessions Judge, \r\nhaving jurisdiction at the principal seat of the Anti -terrorism Court, to conduct \r\nproceedings of urgent nature so long as such Judge is unable to perform his duties. \r\n(6) The Anti -terrorism Courts existing immediately before the \r\ncommencement of the Anti -terrorism (Second Amendment) Ordinance, 2002, and \r\nthe Judges appointed to such Courts, shall, subject to the provisions of this Act, as \r\namended, continue to function and try offences under this Act.] \r\n15. Place of sitting.– (1) Subject to sub-sections (2) and (3), \r\n171\r\n[an Anti-terrorism] \r\nshall ordinarily sit at such place or places \r\n172\r\n[including cantonment area or jail \r\npremises] as the Government may, by order, specify in that behalf. \r\n(2) The Government may direct that for the trial of a particular case the \r\nCourt shall sit at such place including the place of occurrence of an offence as it may \r\nspecify. \r\n(3) Except in a case where a place of sitting has been specified under sub-\r\nsection (2), \r\n173\r\n[an Anti-terrorism Court] may, if it considers it expedient or desirable so \r\nto do either suo motu or on the application of the public prosecutor sit, for holding the \r\ntrial of a case at any place including a mosque other than the ordinary place of its \r\nsitting. \r\n \r\n170Substituted by the Anti-Terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002)w.e.f 23.11.2002, s.3. \r\n171Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n172Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.4 \r\n173Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n16. Oath by \r\n174\r\n[Anti-terrorism Courts].– A \r\n175\r\n[Judge] of \r\n176\r\n[an Anti-terrorism Court] \r\nshall, at the commencement of a proceeding under this Act, make oath, in the case \r\nof a Muslim, on the Holy Quran, to the effect that he shal l decide the case honestly, \r\nfaithfully and considering himself accountable to Almighty Allah, and in case of a \r\nnon-Muslim in accordance with \r\n177\r\n[the constitution, law and his conscience]. \r\n17. Powers of \r\n178\r\n[Anti-terrorism Courts] with respect to other offences.–When \r\ntrying any scheduled offence, \r\n179\r\n[an Anti -terrorism Court ] may also try any offence \r\nother than the scheduled offence with which the accused may, under the Code, be \r\ncharged at the same trial. \r\n18. Public Prosecutors.– \r\n180\r\n[(1) The \r\n181\r\n[***] Government shall appoint in relation to \r\neach Anti –terrorism court or a High Court and Supreme Court of Pakistan a \r\nproficient, diligent and professionally competent Public Prosecutors or Law Officers \r\nand may also appoint one or more Additional Prosecutors or Law Officers: \r\nProvided that the Government may also appoint for any case or class of \r\ncases, a Special Prosecutor.] \r\n(2) Every Person appointed as a Public Prosecutor or an Additional Public \r\nProsecutor or a Special Public Prosecutor shall be deemed to be a Public Prosecutor \r\nwithin the meaning of section 492 of the Code, and the provisions of the Code shall \r\nhave effect accordingly. \r\n19. Procedure and Powers of \r\n182\r\n[Anti-terrorism Court] .– \r\n183\r\n[(1) \r\n184\r\n[An \r\ninvestigating officer under this Act shall be an officer or Police Officer not be low the \r\nrank of Inspector or equivalent or, if the Government deems necessary Joint \r\nInvestigation Team’ to be constituted by the Government shall be headed by an \r\nInvestigation officer of Police not below the rank of Superintendent of Police, (BS -18) \r\nand ot her officers of JIT may include equivalent rank from Intelligence Agencies, \r\nArmed Forces and Civil Armed Forces. The JIT shall comprise five members and for \r\nthe meeting purposes the quorum shall consists of three members. \r\nThe investigating officer to the J IT, as the case may be, shall complete the \r\ninvestigation in respect of cases triable by the court within thirty working days. The \r\nreport under section 173 of the Code shall be signed and forwarded by the \r\ninvestigating officer of police directly to the court: \r\n \r\n174Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2 \r\n175Substituted by the Anti-Terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002)w.e.f 23.11.2002, s.4.. \r\n176Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n177Substituted for “his faith to the effect that he will decide the case honestly, faithfully according to his conscience and belief” by \r\nthe Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.12. \r\n178Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.2 \r\n179Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n180Substituted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.6. \r\n181Omitted by the Anti-Terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.4. \r\n182Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n183Substituted by the Anti-Terrorism (Second Amendment) Act, 2013(XX of 2013)w.e.f 26.03.2013, s.12 \r\n184Substituted by the Anti-Terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.5. \r\nProvided that where the provisions of sections 4 and 5 have been invoked, \r\nthe investigation shall be conducted by the JIT comprising members of armed forces \r\nor civil armed forces, as the case may be, intelligence agencies and other law \r\nenforcement agencies including an investigating officer of police not below the rank \r\nof Inspector who shall sign the report under section 173 of the Code and forward it to \r\nthe Court: \r\nProvided further that, where investigation is not completed within a period of \r\nthirty days from the date of recording of the first information report under section 154 \r\nof the code, the investigating officer or the JIT shall, within three days after expiration \r\nof such period, forward to the Court through the Public Prosecutor, an interim report \r\nunder section 173 of the code, stating therein the result of investigation made until \r\nthen and the court shall commence the trial on the basis of such interim report, \r\nunless, for reasons to be recorded, the Court decides that the trial may not so \r\ncommence. The interim report shall be signed by the investigating officer of police;] \r\n185\r\n[(1A) Notwithstanding anything contained in any other law for the time \r\nbeing in force, the Federal Government may, in respect of any case registered by or \r\nunder investigation with, the police or any other investigation agency or authority, by \r\norder in writing, entrust inquiry or such investigation to such agency or authority as it \r\nmay deem fit and thereupon the Police, or any other investigation agency or the \r\nauthority shall transfer the record of the case to such agency or authority.] \r\n186\r\n[(1B) Where any person has been arrested by the armed forces or civil armed \r\nforces under section 5, he shall be handed over to the investigating officer of the police \r\nstation designated for the purp ose by the Provincial Government in each District.] \r\n(2) Any default on the part of an officer -in-charge of a police -station, an \r\ninvestigating officer or any other person required by law to perform any functions in \r\nconnection with the investigation, that re sults in, or has the effect of, delaying \r\ninvestigation or submission of the report under sub -section (1), shall be deemed to \r\nbe a willful disobedience of the orders of \r\n187\r\n[the Anti-terrorism Court] and the person \r\ncommitting the default shall be liable to be punished for contempt of Court. \r\n(3) \r\n188\r\n[The Anti -terrorism Court ] may directly take cognizance of a case \r\ntriable by such court without the case being sent to it under section 190 of the Code. \r\n189\r\n[(4). * * * * * * * * * * * ] \r\n(5) Where, in a case triable by \r\n190\r\n[an Anti-terrorism Court], an accused has \r\nbeen released from police custody \r\n191\r\n[ or custody of any other investigating agency \r\njoined in an investigation], under section 169 of the Code, or has been remanded to \r\njudicial custody, \r\n192\r\n[the Anti-terrorism Court ]may, on good grounds being shown by a \r\nPublic prosecutor or a Law officer of the Government, for reasons to be recorded in \r\n \r\n185Inserted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.12. \r\n186Inserted by the Anti-Terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.5. \r\n187Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n188Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n189Omitted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.9. \r\n190Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2.. \r\n191Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.7. \r\n192Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2.. \r\nwriting, make an order for placing him in police custody \r\n193\r\n[ or custody of any other \r\ninvestigating Agency joined in investigation] for the purpose of further investigation in \r\nthe case. \r\n(6) \r\n194\r\n[An Anti -terrorism Court] shall be deemed to be a Magistrate for \r\npurpose of \r\n195\r\n[sub-section] (5). \r\n196\r\n[\r\n197\r\n[(7) The Court shall, on taking cognizance of a case, proceed with the trial \r\nfrom day-to-day and shall decide the case within seven days, failing which the matter \r\nshall be brought to the notice of the Chief Justice of the High Court concerned for \r\nappropriate directions, keeping in view the facts and circumstances of the case.] \r\n198\r\n[(8) An anti -terrorism Cour t shall not give more than two \r\n199\r\n[adjournments \r\nduring the trial of the case and that also imposition of exemplary costs]. If the \r\ndefense counsel does not appear after two consecutive adjournments, the Court \r\nmay appoint a State Counsel with at least seven ye ars standing in criminal matters \r\nfor the defense of the accused from the panel of advocates maintained by the Court \r\nfor the purpose in consultation with the Government and shall proceed with the trial \r\nof the case]. \r\n200\r\n[(8a) Non-compliance with the provisions of sub -section \r\n201\r\n[(7) or] (8) may \r\nrender the presiding officer of the court liable to disciplinary action by the concerned \r\nHigh Court. \r\n(8b) Notwithstanding anything contained in section 7 of the Explosive \r\nSubstances Act, 1908 (VI of 1908), or any other law for the time being in force, if the \r\nconsent or sanction of the appropriate authority, where required, is not received \r\nwithin thirty days of the submission of challan in the court, the same shall be deemed \r\nto have been given or accorded and the court shall proceed with the trial of the \r\ncase.] \r\n(9) \r\n202\r\n[An Anti-terrorism Court] shall not, merely by reason of a change in its \r\ncomposition or transfer of a case under sub -section (3) of section 12, be bound to \r\nrecall and re-hear any witness who has given evidence and may act on the evidence \r\nalready recorded. \r\n203\r\n[(10) Any accused person may be tried in his absence if the Anti -terrorism \r\ncourt, after such inquiry as it deems fit, is satisfied that such absence is deliberate \r\nand brought about with a view to impeding the course of justice: \r\n \r\n193Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.7. \r\n194Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n195Substituted for “sub-section (4) and” by the Anti -terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, \r\ns.9.. \r\n196Substituted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.9. \r\n197Substituted by the Anti-Terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.5. \r\n198Substituted by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.9. \r\n199Substituted by the Anti-Terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.5.. \r\n200Inserted by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.9. \r\n201Inserted by the Anti-Terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.5. \r\n202Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n203Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.13. \r\nProvided that the accused person shall not be tried under this sub -section \r\nunless a proclamation has been published in respect of him in at least \r\n204\r\n[in one daily \r\nnewspaper including Sindhi language] requiring him to appear at a specified pla ce \r\nwithin seven days failing which action may also be taken against him under section \r\n88 of the Code: \r\nProvided further that the Court shall proceed with the trial after taking the \r\nnecessary steps to appoint an Advocate at the expense of the State to defend the \r\naccused person who is not before the Court. \r\nExplanation.– An accused who is tried in his absence under this sub -section shall \r\nbe deemed not to have admitted the commission of any offence for which he has \r\nbeen charged.] \r\n(11) The Advocate appointed und er the second proviso to sub -section (10) \r\nshall be a person selected by \r\n205\r\n[the Anti - terrorism Court] for the purpose and he \r\nshall be engaged at the expense of the Government. \r\n206\r\n[(11A) Noting contained in sub -section (10) or sub -section (11) shall be \r\nconstrued to deny the accused the right to consult or be defended by a legal \r\npractitioner of his own choice.] \r\n(12) If, within sixty days from the date of his conviction, any person tried \r\nunder sub -section (10) appears voluntarily, or is apprehended and brought be fore \r\n207\r\n[the Anti-terrorism Court], and proves to its satisfaction that he did not abscond or \r\nconceal himself for the purpose of avoiding the proceeding against him, \r\n208\r\n[the Anti-\r\nterrorism Court] shall set aside his conviction and proceed to try him in accorda nce \r\nwith law for the offence with which he is charged: \r\n Provided that \r\n209\r\n[the Anti-terrorism Court] may exercise its powers under this \r\nsub-section in a case in which a person as aforesaid appears before it after the \r\nexpiration of the said period and satisfie s it that he could not appear within the said \r\nperiod by reason of circumstances beyond his control. \r\n210\r\n[(13) * * * * * * * * * * * ] \r\n(14) Subject to the other provisions of this Act, \r\n211\r\n[ an Anti -terrorism Court] \r\nshall, for the purpose of trial of any offen ce have all the powers of a Court of \r\nSessions and shall try such offence as if it were a Court of Sessions as far as may \r\nbe in accordance with the procedure prescribed in the Code for trial before a Court of \r\nSessions. \r\n212\r\n[19A. Mode of making searches and arr est.– The provisions of the Code, \r\nexcept that of section 103, shall mutatis mutandis, apply to all searches and arrest \r\n \r\n204Substituted by the Anti-Terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.12. \r\n205Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n206Inserted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.13. \r\n207Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n208Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n209Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n210Omitted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.9. \r\n211Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n212Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.13. \r\nby police officer and an officer of equ ivalent rank of the law enforcement agencies \r\nmade under this Act.] \r\n213\r\n[19B. Pre-trial scrutiny.– Before commencement of the trial, the prosecutor shall \r\nscrutinize the case file to ensure that all pre -trial formalities have been completed so \r\nthat the actual trial proceeds uninterrupted form day-to-day.] \r\n214\r\n[20. Punishment * * * * * * * * * * ] \r\n215\r\n[21. Protection to Judges, \r\n216\r\n[* * * *] Counsel, Public Prosecutor, \r\nwitnesses and persons concerned with court proceedings .– (1) The Court may, \r\nsubject to the availability of resources, make such necessary orders or take such \r\nmeasures, as it deems fit, within availa ble resources, for the protection of a witness, \r\njudge, \r\n217\r\n[* * * *] public prosecutor, counsel and other persons concerned in \r\nproceedings for an offence under this Act, which may also include the following \r\nmeasures– \r\n(a) proceedings may be held in camera, or unde r restricted entry of \r\nmembers of the public, where necessary for the protection of the judge, \r\n218\r\n[* * * *] witnesses or a victim’s family members or to prevent persons \r\nfrom crowding or storming the court to intimidate the judge \r\n219\r\n[* * * *] or \r\nto create a threatening atmosphere; \r\n(b) the names of judges, \r\n220\r\n[* * * *] counsel, public prosecutor, \r\nwitnesses and persons concerned with court proceedings shall not be \r\npublished; and \r\n(c) During any inquiry, investigation or court proceedings, whenever the \r\nmatter of the identifica tion of the accused arises, adequate protection \r\nshall be provided to a witness identifying any accused, in order to \r\nprotect the identity of the witness from the accused. \r\n(2) For purposes of protection of the judges, \r\n221\r\n[* * * *], accused, witnesses, \r\nprosecutors and defence counsel and anyone concerned with the court proceedings, \r\nthe Government may adopt such other measures as may be appropriate or may be \r\nproscribed \r\n222\r\n[and the Armed Forces shall also provide comprehensive protection and \r\nsecurity to the judges, \r\n223\r\n[* * * *] accused, witnesses, prosecutors, \r\ninvestigators, defence counsel and all those concerned in the court proceedings.] \r\n \r\n213Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.6. \r\n214Omitted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 15.8.2001.s.10. \r\n215Substituted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 15.8.2001.s.11. \r\n216Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5. \r\n217Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5 \r\n218Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5 \r\n219Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5 \r\n220Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5 \r\n221Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5 \r\n222Added by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.8. \r\n223Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5 \r\n224\r\n[These measures may include the following, namely:– \r\n(a) screens may be used during trial to shield witnesses, Judges and \r\nProsecutors from public view; \r\n(b) trial may be held in jail premises or through video link; \r\n(c) witness protection programmes may be established by the Government \r\nthrough law or rules. \r\nThe Provincial Government shall take necessary steps to ensure that \r\nprisoners in Jails do not have access to mobile phones.] \r\n(3) The Government shall extend protection to a judge, \r\n225\r\n[*** *] a counsel, \r\npublic prosecutor and the witnesses during investigation of an offence and \r\nproceedings under this Act, and thereafter, as may be considered necessary.] \r\n226\r\n[(4) The provisions of this section shall have effect notwithstanding \r\nanything contained in any other law for the time being in force, including the Qanun -\r\ne-Shahdat, 1984 (P. O. No. 10 of 1984).] \r\n227\r\n[21A. Cordons for Terrorist Investigation .– (1) An area is a cordoned area for \r\nthe purposes of a terrorist investigation under this Act, if it is so designated under \r\nthis section. \r\n(2) A designation may be made only by an officer not below the rank of a \r\n228\r\n[Deputy Superintendent of Police or a member of a Jo int Investigation Team ] if he \r\nconsiders it expedient for the purposes of a terrorist investigation. \r\n(3) If a designation is made orally, the officer making it shall confirm it in \r\nwriting, as soon as is reasonably practicable. \r\n(4) The officer making a des ignation shall arrange for the demarcation of \r\nthe cordoned area, so far as is reasonably practicable. \r\n(5) An area may be designated a cordoned area for a maximum period of \r\nfourteen days, which may be extended in writing from time to time, with each \r\nextension specifying the additional period: \r\nProvided that a designation shall have no effect after 28 days beginning with \r\nthe day on which it was made. \r\n(6) Where a person knows or has reasonable cause to suspect that a \r\nterrorist investigation is being conducte d or is proposed to be conducted, a person \r\ncommits an offence if he– \r\n(a) discloses to another, or others, anything which is likely to prejudice an \r\ninvestigation; or \r\n(b) interferes with material which is likely to be relevant to an investigation. \r\n \r\n224Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.7. \r\n225Omitted by the Anti-terrorism (Second Amendment) Ordinance, 2002 (CXXXIV of 2002), w.e.f. 23.11.2002, s.5 \r\n226Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.7. \r\n227Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n228Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.9. \r\n(7) Whosoever commits an offence under sub-section (6) shall be liable on \r\nconviction to imprisonment for a term not less than six months and not exceeding \r\ntwo years, and fine. \r\n(8) It is a defence for a person charged with an offence under sub -section \r\n(6) to prove– \r\n(a) that he did not know and had no reasonable cause to suspect that the \r\ndisclosure or interference was likely to affect a terrorist investigation; or \r\n(b) that he had reasonable excuse for the disclosure or interference. \r\n(9) For the purposes of this section: \r\n(a) a reference to conducting a terrorist investigation includes a reference \r\nto taking part in the conduct of, or assisting, terrorist investigation; and \r\n(b) a person interferes with any material if he falsifies it, conceals it, \r\ndestroys it or dispos es of it, or if he causes or permits another to do \r\nany of these things. \r\n229\r\n[21B. Terrorist investigation .– (1) A policeman in uniform \r\n230\r\n[or a member of a \r\nJoint Investigating Team] may: \r\n(a) order a person in a cordoned area to leave immediately, \r\n(b) order a p erson immediately to leave the premises which are wholly or \r\npartly in or adjacent to a cordoned area, \r\n(c) order the driver or person in charge of a vehicle in a cordoned area to \r\nmove it from the area immediately, \r\n(d) arrange for the removal of a vehicle from the cordoned area, \r\n(e) arrange for the movement of a vehicle within a cordoned area, \r\n(f) prohibit or restrict access to a cordoned area by pedestrians or \r\nvehicles, \r\n(g) enter ad search any premises in a cordoned area if he suspects \r\nanyone concerned with terrorism is hiding there, \r\n(h) search and arrest any person he reasonably suspects to be a person \r\nconcerned in terrorism; \r\nProvided that any search of a person shall be done by a Police person \r\nof the same sex; or \r\n(i) take possession of any property in a cordoned area he reasonably \r\nsuspects is likely to be used for the purposes of terrorism. \r\n231\r\n[21C. Training.– (1) Weapons Training: A person commits an offence if he \r\nprovides, without valid authorisation from the competent authority, any instruction or \r\ntraining in the making or use of– \r\n(a) firearms; \r\n \r\n229Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n230Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.10. \r\n231Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n(b) explosives; or \r\n(c) chemical, biological, and other weapons. \r\n (2) A person commits an offence if he provides without valid authorisation \r\nfrom the competent authority, any instruction or training to any chi ld under sub -\r\nsection (1) and, on conviction, shall be liable to a term of imprisonment of not less \r\nthen ten years and fine. \r\n (3) A person commits an offence if he receives instruction or training from \r\nanyone, without valid authorisation from the competent authority, to give such \r\ninstruction or training or invites another, specifically or generally, to receive such \r\nunauthorised instruction or training in the making or use of– \r\n(a) firearms; \r\n(b) explosive; or \r\n(c) chemical, biological, and other weapons. \r\n (4) A child commits an offence if he provides, without valid authorisation \r\nfrom the competent authority, any instruction or training, or if he receives such \r\nunauthorised instruction or training or invites another, specifically or generally, to \r\nreceive such unauthorised instruction or training in the making or use of \r\n(a) firearms; \r\n(b) explosive; or \r\n(c) chemical, biological, and other weapons. \r\n (5) A child guilty of an offence under subsection (4) shall be liable on \r\nconviction to imprisonment for a term not less t han six months and not exceeding \r\nfive years. \r\n (6) A person guilty of an offence under sub -section (1) and (3) shall be \r\nliable on conviction to imprisonment for a term not exceeding ten years, or fine or \r\nwith both. \r\n (7) Training in Terrorism .– (a) A person commits an offence if he \r\nprovides, generally or specifically, any instruction or training in acts of terrorism. \r\n(b) A person commits an offence if he receives any instruction or training \r\nin acts of terrorism or invites another, specifically or generally, t o \r\nreceive such instruction or training. \r\n(c) A person guilty of an offence under sub-section (a) and (b) shall, on \r\nconviction, be liable to imprisonment of either description for a term of \r\nnot less one year and not more than ten years and fine. \r\n(d) A perso n is guilty of an offence if he provides, any instruction or \r\ntraining in acts of terrorism to a child, and on conviction, shall be liable \r\non conviction to imprisonment of either description for a term less than \r\none year and not more than ten years and fine. \r\n(e) A child commits an offence if he provides generally or specifically, any \r\ninstruction or training in acts of terrorism, and on conviction, shall be \r\nliable to imprisonment for a term not less than six months and not more \r\nthan five years; \r\n(f) A child co mmits an offence if he receives, generally or specifically, \r\ninstructions or training in acts of terrorism, and on conviction, shall be \r\nliable to imprisonment for a term not less than six months and not more \r\nthan five years. \r\n(8) A court by which a person is convicted of an offence under this section, \r\nmay order the forfeiture of any thing or property which it considers to have been in \r\nthe person’s possession for purposes connected with the offence, after giving any \r\nperson, other than the convicted person, who claims to be the owner or is otherwise \r\ninterested, an opportunity of being heard. \r\n232\r\n[21D. Bail.– (1) Notwithstanding the provisions of sections 439, 491, 496, 497, \r\n498, 498A and 561A of the Code, no court, other than an Anti -terrorism Court , a \r\nHigh Court, or the Supreme Court of Pakistan, shall have the power or jurisdiction to \r\ngrant bail to or otherwise release an accused person in a case triable by an Anti -\r\nterrorism Court. \r\n(2) All offences under this Act punishable with death or imprisonment \r\n233\r\n[* * \r\n* * *] exceeding three years shall be non-bailable. \r\nProvided that if there appear reasonable gourds for believing that any person \r\naccused of non-bailable offence has been guilty of an offence punishable with death \r\nor imprisonment for life or imprisonment for not less than ten years, such person \r\nshall not be released on bail. \r\n(3) Subject to sub-section (2), the Court may admit a person to bail, unless \r\nsatisfied that there are substantial grounds for believing that the person, if released \r\non bail (whether subject to conditions or not), would: \r\n(a) fail to surrender to custody; \r\n(b) commits an offence while on bail; \r\n(c) interfere with a witness; otherwise obstruct or attempt to obstruct the \r\ncourse of justice, whether in relation to himself or another person; or \r\n(d) fail to comply with the conditions of release (if any). \r\n(4) In exercising its powers in relation to a person seeking bail under this \r\nAct, the court shall have regard to such of the following considerations (as well as to \r\nany others which it considers relevant)- \r\n(a) the natu re and seriousness of the offence with which the person is \r\ncharged; \r\n(b) the character, antecedents, associations and community ties of the \r\nperson; \r\n(c) the time which the person has already spent in custody and the time \r\nwhich he is likely to spend in custody if he is not admitted to bail; and \r\n(d) the strength of the evidence of his having committed the offence. \r\n \r\n232Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n233Omitted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.11. \r\n(5) without prejudice to any other power to impose conditions on \r\nadmission to bail, the Court admitting a person to bail under this section may i mpose \r\nsuch conditions as it considers: \r\n(a) likely to result in the person’s appearance at the time and place \r\nrequired\r\n234\r\n[including very high bail sureties], or \r\n(b) necessary in the interests of justice or for the prevention of \r\ncrime\r\n235\r\n[including surveillance of the person granted bail to monitor his \r\nactivities and requiring him to report to the concerned police station at \r\nspecified intervals as determined by the court] \r\n(6) It shall be lawful for the person to be held in military or police protective \r\ncustody in accordance with the conditions of his bail. \r\n(7) The Government or the Court may, under this section, at any time, in \r\nrespect of a person charged of an offence under this Act, if it considers necessary, \r\nby special or general order, direct special arrangem ents to be made as to the place \r\nat which the person is to be held in order: \r\n(a) to prevent his escape; or \r\n(b) to ensure his safety or the safety of others. \r\n236\r\n[21E. Remand.– (1) where a person is detained for investigation, the investigating \r\nofficer, within twenty -four hours of the arrest, excluding the time necessary for the \r\njourney from the place of arrest to the court, shall produce the accused before the \r\nCourt, and may apply for remand of the accused to police custody \r\n237\r\n[or custody of \r\nany other investigating Agenc y joined in the investigation], for which the maximum \r\nperiod allowed may be \r\n238\r\n[not less \r\n239\r\n[fifteen days and not more] than thirty days at \r\none time]: \r\nProvided that, where an accused cannot within twenty-four hours be produced \r\nbefore the Court, a temporary ord er for police custody \r\n240\r\n[or custody of any other \r\ninvestigating agency joined in the investigation] not exceeding twenty-four hours may \r\nbe obtained from the nearest Magistrate for the purpose of producing the accused \r\nbefore the Court within that period. \r\n(2) No extension of the time of the remand of the accused in police \r\ncustody \r\n241\r\n[or custody of any other investigating agency joined in the investigation] \r\nshall be allowed, unless it can be shown by the Investigating Officer, to the \r\nsatisfaction of the Court that further evidence may be available and the Court is \r\nsatisfied that no bodily harm has been or will be caused to the accused; \r\n \r\n234Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.14. \r\n235Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.14. \r\n236Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n237Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.12. \r\n238Substituted by the Anti-terrorism (Amendment) Ordinance, 2010 (I of 2010), w.e.f. 01.02.2010, s.15 \r\n239Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.15. \r\n240Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.12. \r\n241Inserted by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, s.12. \r\nProvided that the total period of such remand shall not exceed \r\n242\r\n[ninety] days. \r\n(3) The Court shall be deemed to be a Magistrate f or purposes of sub -\r\nsection (1) \r\n243\r\n[:] \r\n244\r\n[Provided that the Magistrates appointed under the Shariah Nizam -e-Adl \r\nRegulation, 2009 shall also have the same powers as given to a court under t his \r\nsection.] \r\n245\r\n[21EE. Power to call information etc .– (1) The Superintendent of Police during \r\nthe course of investi gation or an equivalent officer of security forces operating in \r\naid of civil power under section 4 and 5, may by an order in writing, on the \r\nrequest of the Joint Investigation Team,- \r\n(a) call for information from any person for the purpose of satisfying \r\nhimself whether there has been any contravention of the provisions of \r\nthis Act or any rule or order made there under; \r\n(b) require any person to produce or deliver any document or thing useful \r\nor relevant to the inquiry or investigation; \r\n(c) examine any person acquainted with the facts; \r\n(d) with the permission of the Anti -terrorism Court, require any bank of \r\nfinancial institution, notwithstanding anything contained in any other law \r\nfor the time being in force, to provide any informa tion relating to any \r\nperson, including copies of entries made in the bank’s or a financial \r\ninstitution’s book, including information of transactions saved in \r\nelectronic or digital form which are reasonably believed to be \r\nconnected with commission of an offence under this Act and the keeper \r\nof such books or records shall be obliged to certify the copies in \r\naccordance with law; and \r\n(e) require information or obtain record of telephone and mobile phone \r\ndata, e -mail, MMS and CNIC and encrypted messages or any other \r\ninformation suspected to be linked in any manner with commission of \r\nan offence under this Act, from any service provider company of \r\ndepartment. \r\n(2) The copies obtained, information received or evidence collected in \r\npursuance of clause (d) and (e) of sub -section (1) shall be kept confidential and shall \r\nnot be divulged to any un -authorized person or used for any purpose other than the \r\nlegal proceedings under this Act. \r\n(3) Any contravention of an order made under sub -section (1) shall be \r\npunishable with imprisonment which may extend to two years or with fine which may \r\nextend to one hundred thousand rupees or with both.] \r\n \r\n242Substituted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.15. \r\n243Substituted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.15. \r\n244Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.15. \r\n245Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.16. \r\n246\r\n[21F. Remissions.– Notwithstanding anything contained in any law or prison rules \r\nfor the time being in force, no remission in any sentence sh all be allowed to a \r\nperson, \r\n247\r\n[*** *] who is convicted and sentenced for any offence under this Act, \r\n248\r\n[*** \r\n*] \r\n249\r\n[:] \r\n250\r\n[Provided that in case of a child convicted and sentences for an offence \r\nunder this Act, on satisfaction of government, may be granted remiss ion, as deemed \r\nappropriate.] \r\n251\r\n[21G. Trial of offences .– All offences under this Act shall be tried \r\n252\r\n[exclusively] \r\nby the Anti-Terrorism Court established under this Act]\r\n253\r\n[:] \r\n254\r\n[Provided that the Courts of Zila Qazi or Azafi Zila Qazi established under \r\nthe Shariah Nizam-e-Adl Regulation, 2009 shall deemed to be the court and shall try \r\nall case so assigned to them by the administrative judge designated under sub -\r\nsection (2) or sub-section (4) of section 13, as the case may be.] \r\n255\r\n[21H. Conditional admissibility of confession .– Notwithstanding anything \r\ncontained in the Qanoon-e-Shahdat, 1984 (President’s Order No. 10 of 1984) or any \r\nother law for the time being in force, where in any court proceedings held under this \r\nAct the evidence (which includes circumstantial and other evidence) produced raises \r\nthe presumption that there is a reasonable probability that the accused has \r\ncommitted the offence, any confession made by the accused during investigation \r\nwithout being compelled, before a police officer not below the rank of a \r\nSuperintendent of Police, may be admissible in evidence against him, if the Court so \r\ndeems fit: \r\n Provided that the Superintendent of Police before recording any such \r\nconfession, had explained to the person making it that he is not bound to make a \r\nconfession and that if he does so it may be used as evidence against him and that \r\nno Superintendent of Police has recorded such confession unless, upon questioning \r\nthe person making it, the Superintendent of Police had reason to believe that it was \r\nmade voluntarily; and that when he recorded the confession, he made a \r\nmemorandum at the foot of such record to the following effect: \r\n“I have explained to (name), that he is not bound to make a confession and \r\nthat, if he does so, any confession he may make may be used as evidence \r\nagainst him and I believe that this confession was voluntarily made. It was \r\ntaken in my presence, and was read over to the person making it and \r\nadmitted by him to be correct, and it contains a full and true account of the \r\nstatement made by him.” \r\n \r\n246Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n247Omitted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.17. \r\n248Omitted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.17. \r\n249Substituted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.17. \r\n250Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.17. \r\n251Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n252Inserted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.10. \r\n253Substituted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.18. \r\n254Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.18. \r\n255Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n(Signed) \r\nDistt. superintendent of police”.] \r\n256\r\n[21I. Aid and abetment.– Whoever aids or abets any offence, under this Act shall \r\nbe punishable with the maximum term of same imprisonment provided for the \r\noffence or the fine provided for such offence or with both.] \r\n257\r\n[21J. Harbouring.– (1) A person commits an offence if he harbours any person \r\nwho has committed an offence under this Act. \r\n(2) A person guilty of an offence under subsection (1) shall be liable on \r\nconviction to punishment as provided in sec tion 216 and 216A of the Pakistan Penal \r\nCode (Act XLV of 1860).] \r\n258\r\n[21K. Offences triable by way of summary procedure .– All offences under this \r\nAct punishable with imprisonment for a term of not more than six months with or \r\nwithout fine shall be tried by way of summary procedure.] \r\n259\r\n[21L. Punishment for an Absconder .– Whoever being accused of an offence \r\nunder this Act, absconds and avoids arrest or evades appearance before any \r\ninquiry, investigation or court proceedings or conceals himself, and obstructs the \r\ncourse of justice, shall be liable to imprisonment for a term not less than \r\n260\r\n[five years] \r\nand not more than \r\n261\r\n[ten years] or with fine or with both.] \r\n262\r\n[21M. Joint Trial.– (1) While trying any offence under this Act, a Court may also \r\ntry any other offence wi th which an accused may, under the Code of Criminal \r\nProcedure, 1898, be charged, at the same trial if the offence is connected with such \r\nother offence. \r\n(2) If, in the course of any trial under this Act of any offence it is found that \r\nthe accused person has committed any other offence under this Act or any other law \r\nfor the time being in force, the Court may convict an accused for such other offence \r\nand pass any sentence authorised by this Act or, as the case may be, such other \r\nlaw, for the punishment thereof.] \r\n22. Manner and place of execution of sentence.– The Government may \r\nspecify the manner, mode and place of execution of any sentence passed under this \r\nAct, having regard to the deterrent effect which such execution is likely to have. \r\n23. Power to transfer cases to regular courts.– Where, after taking cognizance \r\nof an offence, \r\n263\r\n[an Anti -Terrorism Court] is of opinion that the offence is not a \r\nscheduled offence, it shall, notwithstanding that it has no jurisdiction to try such \r\n \r\n256Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n257Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n258Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n259Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n260Substituted for “six months” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.11. \r\n261Substituted for “five years” by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.11. \r\n262Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.12. \r\n263Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\noffence, transfer the case fo r trial of such offence to any court having jurisdiction \r\nunder the Code, and the Court to which the case is transferred may proceed with the \r\ntrial of the offence as if it had taken cognizance of the offence. \r\n264\r\n[24. Appellate Tribunal.– * * * * * * * * * ] \r\n25. Appeal.– (1) An appeal against the final judgment of \r\n265\r\n[an Anti -terrorism \r\nCourt] shall lie to \r\n266\r\n[a High Court]. \r\n(2) Copies of the Judgment of \r\n267\r\n[an Anti-terrorism Court] shall be supplied \r\nto the accused and the Public Prosecutor free of cost on the day the judgment is \r\npronounced and the record of the trial shall be transmitted to the \r\n268\r\n[the High Court] \r\nwithin three days of the decision. \r\n(3) An appeal under sub -section (1) may be preferred by a person \r\nsentenced by \r\n269\r\n[an Anti-terrorism Court] to \r\n270\r\n[a High Co urt] within \r\n271\r\n[fifteen] days of \r\nthe passing of the sentence. \r\n(4) The Attorney General \r\n272\r\n[Deputy Attorney -General, Standing Counsel ] \r\nor an Advocate General \r\n273\r\n[or an advocate of the High Court or the Supreme Court of \r\nPakistan appointed as Public Prosecutor, Additional Public Prosecutor or a Special \r\nPublic Prosecutor] may, on being directed by the Federal or a Provincial \r\nGovernment, file an appeal against an order of acquittal or a sentence passed by \r\n274\r\n[an Anti-terrorism Court] within \r\n275\r\n[thirty] days of such order. \r\n276\r\n[(4A) Any person who is a victim or legal heir of a victim and is aggrieved \r\nby the order of acquittal passed by an Anti -Terrorism Court, may, within thirty days, \r\nfile an appeal in a High Court against such order. \r\n(4B) If an order of acquittal is passed by an Anti-Terrorism Court in any case \r\ninstituted upon complaint and the High Court, on an application made to it by the \r\ncomplainant in this behalf, grant special leave to appeal from the order of acquittal, \r\nthe complainant may within thirty days present such an appeal to the High Court.] \r\n(5) An appeal under this section shall be heard and decided by \r\n277\r\n[a High \r\nCourt] within seven working days. \r\n \r\n264Omitted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.14. \r\n265Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s,2. \r\n266Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s,2. \r\n267Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n268Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n269Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n270Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n271Substituted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.19 \r\n272Inserted by the Anti -terrorism (Amendment) Ordinance, 2000 ( XIX of 2000), w.e.f. 20.08.1997; and published in gazette of \r\nPakistan (Extraordinary), part-I. dated 30.5.2000, s.2. \r\n273Inserted by the Anti -terrorism (Amendment) Ordinance, 2000 ( XIX of 2000), w.e.f. 20.08.1997; and published in gazette of \r\nPakistan (Extraordinary), part-I. dated 30.5.2000, s.2. \r\n274Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n275Substituted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.19 \r\n276Inserted by the Anti-terrorism (Amendment) Act, 2004 (X of 2004),w.e.f. 30.11.2004, s.2. \r\n277Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n278\r\n[(6) * * * * * * * * * * * ] \r\n279\r\n[(7) * * * * * * * * * * * ] \r\n(8) Pending the appeal \r\n280\r\n[the High Court] shall not release the accused on \r\nbail. \r\n281\r\n[(9) For the purposes of hearing appeals under this section each High \r\nCourt shall establish a Special Bench or Benches consisting of not less than two \r\nJudges. \r\n(10) While hearing an appeal, the Bench shall not grant more than two \r\nconsecutive adjournments.] \r\n282\r\n[26. Admissibility of confession made before police.– * * * * * ] \r\n27. Punishment for defective investigation \r\n283\r\n[and reward for successful \r\ninvestigation].– \r\n284\r\n[(1)] If \r\n285\r\n[ an Anti-terrorism Court] or \r\n286\r\n[a High Court] comes to th e \r\nconclusion during the course of or at the conclusion of the trial that the investigation \r\nofficer, or other concerned officers have failed to carry out the investigation properly \r\nor diligently or have failed to pursue the case properly and in breach of th eir duties, it \r\nshall be lawful for such Court or, as the case may be, \r\n287\r\n[ High Court] to punish the \r\ndelinquent officers with imprisonment which may extend to two years, or with fine, or \r\nwith both by resort to summary proceedings. \r\n \r\n288\r\n[(2) Incentive systems sh all be introduced by the Provincial Governments \r\nproviding for appropriate rewards to investigating officers who conduct successful \r\ninvestigation.] \r\n289\r\n[27A Presumption of proof against accused.– Any person having in \r\npossession any explosive substance with or without explosive devices without lawful \r\njustification or having been unlawfully concerned with such explosive substance and \r\ndevices, shall be presumed, unless contrary is proved, that the explosive substance \r\nwas for the purpose of terrorism.] \r\n290\r\n[27AA. Punishment for false implication .– Where an investigating officer \r\ndishonestly and falsely involves, implicates or arrests a person alleged to have \r\n \r\n278Omitted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.15. \r\n279Omitted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.15. \r\n280Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n281Added by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.12. \r\n282Omitted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.16. \r\n283Added by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.8. \r\n284Renumbered by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.8. \r\n285Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n286Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n287Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2 \r\n288Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.8. \r\n289Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.20. \r\n290Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.9. \r\ncommitted any scheduled offe nce shall be punishable with imprisonment for a term \r\nwhich may extend to two years or with \r\n291\r\n[fine] or with both: \r\n Provided that action against such investigating officer shall not be taken \r\nwithout the prior approval of the Government. \r\n27B. Conviction on the basis of electronic or forensic evidence etc .– \r\nNotwithstanding anything contained in this Act or Qanun-e-Shahdat, 1984 (P. O. No. \r\n10 of 1984) or any other law for the time being in force, a person accused of an \r\noffence under this Act may be convicted on the basis of electronic or forensic \r\nevidence or such other evidence that may have bec ome available because of \r\nmodern devices or techniques referred to in Article 164 of the Qanun -e-Shahadat, \r\n(P.O. No. 10 of 1984): \r\n Provided that the Court is fully satisfied as to the genuineness of such \r\nevidence.] \r\n28. Transfer of cases .– (1) Notwithstandin g anything in this Act \r\n292\r\n[the Chief \r\nJustice of High Court concerned \r\n293\r\n[on the application of any party to the proceedings \r\nor on the application of the Federal Government or a Provincial Government] may, if \r\nhe] considers it expedient so to do in the interest of justice, or where the \r\nconvenience or safety of the witnesses or the safety of the accused so requires, \r\ntransfer any case from one \r\n294\r\n[Anti-terrorism Court ] to another \r\n295\r\n[Anti-terrorism \r\nCourt]within or outside the area. \r\n \r\n296\r\n[(1A) Where it appears to the Gover nment that it would be in the interest of \r\njustice or expedient for protection and safety of judges, witnesses or prosecutors, it \r\nmay apply to the Chief Justice of the High Court concerned for transfer of a case \r\nfrom, an Anti-terrorism Court falling within its jurisdiction to an Anti-terrorism Court in \r\nany other place in Pakistan and for this purpose shall also seek concurrence of the \r\nChief Justice of the High Court concerned.] \r\n(2) \r\n297\r\n[An Anti -terrorism Court] to which a case is transferred under sub -\r\nsection (1) shall proceed with the case from the stage at which it was pending \r\nimmediately before such transfer and it shall not be bound to recall and re -hear any \r\nwitness who has given evidence and may act on the evidence already recorded \r\n298\r\n[: \r\nProvided that nothing herein contained shall affect the powers of the presiding \r\nofficer of the Special Court to call any witness as is available under the law.] \r\n \r\n291Misprinted in the gazette as “line”. \r\n292Substituted for the “a High Court may, if it” by the Anti-terrorism (Amendment) Ordinance, 2002 (VI of 2002)w.e.f 31.1.2002, \r\ns.13. \r\n293Inserted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.21. \r\n294Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n295Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n296Inserted by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.10. \r\n297Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n298Replaced and Added by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.17. \r\n299\r\n[(3) The Federal Government may in the interests of justice and for \r\nprotection and safety of witnesses and invest igators, transfer the investigation of any \r\ncase from’ one place to any other place in Pakistan. \r\n(4) The investigating officer or the agency to which case is transferred \r\nunder sub-section (3), may proceed form the stage the inquiry or investigation was \r\nleft or may proceed with the case as if it had been originally entrusted to him or the \r\nagency, as the case may be. \r\n(5) On completion of investigation and before submission of report under \r\nsection 173 of the Code, the Federal Government may direct that the case falling in \r\nthe jurisdiction of a particular Anti -terrorism court may be forwarded for trial to \r\nanother Anti -terrorism court anywhere in Pakistan, as may be specified by the \r\nFederal Government in this behalf, in the public interests or for the safety and \r\nprotection of judges, public prosecutors or witnesses.] \r\n300\r\n[28A. Impounding of passport of person charge -sheeted under the Act .– \r\nNotwithstanding anything contained in any other law for the time being in force, the \r\npassport of a person, who is accused of an o ffence under this Act, shall be deemed \r\nto have been impounded for such period as the Court may deem fit.] \r\n29. Trial before \r\n301\r\n[Anti-terrorism Court] to have precedence .– A trial under \r\nthis Act of an offence by \r\n302\r\n[an Anti -terrorism Court], and the appearanc e of an \r\naccused before it, shall have precedence over the trail of any other case against the \r\naccused in any other Court, except the High Court on its original side. \r\n30. Modified application of certain provisions of the Code .–(1) \r\nNotwithstanding anything contained in the Code or in any other law, every scheduled \r\noffence shall be deemed to be a cognizable offence within the meaning of clause (f) \r\nof section 4 of the Code and the words “cognizable case” as defined in that clause \r\nshall be construed accordingly. \r\n(2) Sections 374 to 379 of the Code shall apply in relation to a case \r\ninvolving a scheduled offence subject to the modification that the references to a \r\n“Court of Sessions” and “High Court”, wherever occurring therein, shall be construed \r\nas reference to \r\n303\r\n[“an Anti-terrorism Court”] and \r\n304\r\n[a High Court.] \r\n305\r\n[(3) * * * * * * * * * * * ] \r\n306\r\n[(4) * * * * * * * * * * * ] \r\n31. Finality of Judgment .– A judgment or order passed, or sentence awarded, \r\nby \r\n307\r\n[ an Anti-terrorism Court], subject to the result of an appe al under this Act shall \r\nbe final and shall not be called in question in any Court. \r\n \r\n299Added by the Anti-terrorism (Amendment) Act, 2014 (VI of 2014) w.e.f. 18.06.2014, s.10. \r\n300Inserted by the Anti-terrorism (Second Amendment) Act,2004 (II of 2005) w.e.f. 11.1.2005, s.13. \r\n301Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n302Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n303Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n304Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n305Omitted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.13. \r\n306Omitted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.13. \r\n32. Overriding effect of Act .– (1) The provisions of this Act shall have effect \r\nnotwithstanding anything contained in the Code or any other law but, save as \r\nexpressly provided in this Act, the provisions of the Code shall, in so far as they are \r\nnot inconsistent with the provisions of this Act, apply to the proceedings before \r\n308\r\n[an \r\nAnti-terrorism Court]; and for the purpose of the said provisions of the Code, \r\n309\r\n[ an \r\nAnti-terrorism Court] shall be deemed to be a Court of Sessions. \r\n(2) In particular and without prejudice to the generality of the provisions \r\ncontained in sub -section (1), the provisions of section 350 of the Code shall, as far \r\nas may be, apply to the proceedings befo re \r\n310\r\n[an Anti-terrorism Court], and for this \r\npurpose and reference in those provisions to a Magistrate shall be construed as a \r\nreference to\r\n311\r\n[ an Anti-terrorism Court]. \r\n33. Delegation.– The Government may, by notification, delegate, subject to such \r\nconditions as may be specified therein, all or any of the powers exercisable by it \r\nunder this Act. \r\n34. Power to amend the schedule .– The Government may, by notification, \r\namend the\r\n312\r\n[Schedules]so as to add any entry thereto or modify or omit any entry \r\ntherein. \r\n313\r\n[35. Powers to make rules .– The Federal Government or a Provincial Government \r\nmay, by notification in the official Gazette, make rules for carrying out the purposes of this \r\nAct.] \r\n36. Savings.– (1) Nothing contained in this Act shall affect the jurisdiction \r\nexercisable by, or the procedure applicable to, any court or other authority under any \r\nlaw relating to the Naval, Military or Air Forces or any other armed force of the \r\nGovernment. \r\n(2) For the removal of any doubt, it is her eby declared that, for the \r\npurposes of any such law as is referred to in sub -section (1 ), \r\n314\r\n[an Anti-terrorism \r\nCourt] shall be deemed to be a court of ordinary criminal jurisdiction. \r\n315\r\n[37. Contempt of Court.– An Anti-Terrorism Court shall have the power to punish \r\nwith imprisonment for a term which may extend to six months and with fine any \r\nperson who– \r\n(a) abuses, interferes with or obstructs the process of the Court in any way \r\nor disobeys any order or direction of the Court; \r\n \r\n307Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n308Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n309Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n310Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n311Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n312Substituted by the Anti-terrorism (Second Amendment) Act, 2014 (VII of 2014)w.e.f. 21.6.2014, s.16. \r\n313Substituted by the Anti-terrorism (Second Amendment) Act, 2013 (XX of 2013)w.e.f. 26.03.2013, s.22. \r\n314Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.2. \r\n315Substituted by the Anti-terrorism (Second Amendment) Ordinance, 1999 (XIII of 1999) w.e.f. 27.8.1999, s.18. \r\n(b) scandalizes the Court otherwise does anything which tends to bring the \r\nCourt or a person constituting the Court into hatred, ridicule or \r\ncontempt; \r\n(c) does anything which tends to prejudice the determination of a matter \r\npending or most likely to come up before the Court; \r\n(d) does anything which, by any other law, constitutes contempt of court. \r\nExplanation.– In this section, “Court” means anti-terrorism court. \r\n38. Punishment for terrorist act committed before this Act .– Where a person \r\nhas committed an offence before the commencement of this Act which if committed \r\nafter the date on which this Act comes into force would constitute a terrorist act \r\nhereunder he shall be tried under this Act but shall be liable to punishment as \r\nauthorized by law at the time the offence was committed. \r\n39. Indemnity.– No suit, prosecution or ot her legal proceedings shall lie against \r\nany person in respect of anything which is in good faith done or intended to be done \r\nunder this Act. \r\n316\r\n[39A. Removal of difficulties .– If any difficulty arises in giving effect to any \r\nprovisions of this Act, the Feder al Government may make such order, not \r\ninconsistent with the provisions of this Act, as may appear to it to be necessary for \r\nthe purposes of removing the difficulty. \r\n317\r\n[39B. Repeal and savings .– (1) The Suppression of Terrorist Activities (Special \r\nCourts) Act, 1975, (XV of 1975) is hereby repealed. \r\n(2) Notwithstanding the repeal of the Suppression of Terrorist Activities \r\n(Special Courts) Act, 1975 (XV of 1975) and the amendment of the Anti -terrorism \r\nAct, 1997 (XXVII of 1997), by the Anti-terrorism (Amendment) Ordinance, 2001– \r\n(a) every order, decision or judgment passed by any Anti -terrorism Court \r\nconstituted under this Act or Special Court constituted under the \r\nSuppression of Terrorist Activities (Special Courts) Act, 1975, or any \r\nAppellate Court before such repeal or amendment shall remain in force \r\nand operative and the repeal or amendment shall not affect the \r\nprevious operation of the law or anything duly done or suffered or \r\npunishment incurred thereunder; \r\n(b) every case, appeal and legal proceedings whatso ever filed or pending \r\nbefore any court under the Suppression of Terrorist Activities (Special \r\nCourts) Act, 1975, including the High Court and the Supreme Court \r\nshall continue to be proceeded with in accordance with law before the \r\nconcerned court of compete nt jurisdiction, including the court \r\nestablished under this Act, and all orders passed, decisions made and \r\njudgments delivered whether in the past or which may be made \r\ndelivered hereafter by such concerned court whether original, appellate \r\n \r\n316Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.15. \r\n317Inserted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.16. \r\nor revisional, s hall be deemed to have been validly and competently \r\nmade; \r\n(c) all convictions made, punishments or sentences awarded by the Anti -\r\nterrorism Court or Special Court or an Appellate Court before such \r\nrepeal or amendment shall be executed as if the said Acts w ere in \r\nforce; \r\n(d) any investigation or inquiry under this Act or the Suppression of \r\nTerrorists Activities (Special Courts) Act, 1975 made or instituted \r\nbefore the commencement of the Anti -terrorism (Amendment) \r\nOrdinance, 2001, shall continue to be made a nd proceeded with in \r\naccordance with law; \r\n(e) all cases pending before the Anti -terrorism Court or Special Court \r\nimmediately before the commencement of the Anti -terrorism \r\n(Amendment) Ordinance, 2001, if not covered by this Act or clauses (a) \r\nand (b) abov e, shall stand transferred to the respective Courts of \r\nSessions of the area or such other courts of competent jurisdiction \r\nwhere the cases were registered against the accused and such courts \r\nshall proceed with the cases from the stage at which they were \r\npending, without the necessity of recalling any witnesses; and \r\n(f) the Court of Sessions or, as the case may be, any other court to which \r\na case has been transferred from the Anti -terrorism Court or a Special \r\nCourt under Clause (d) shall try it in accordanc e with the provisions of \r\nthe Code of Criminal Procedure, 1898 (Act V of 1898), and the law \r\napplicable to such case. \r\n40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908) .–In \r\nthe Criminal Law Amendment Act, 1908(XIV of 1908), the following am endments \r\nshall be made, namely:– \r\nI In section 15, in clause (2) in sub -clause (a) for the words “violence or \r\nintimidation” the words “terrorism, stirring up sectarianism, violence or \r\nintimidation which endanger or threaten public order” shall be \r\nsubstituted. \r\nII For section 16, the following shall be substituted, namely:– \r\n“16. Declaration of an association to be unlawful.– (1) If either the \r\nFederal Government or the Provincial Government is of the opinion \r\nthat an association is an unlawful association it may call upon the \r\nassociation to show cause within fourteen days why it should not be \r\ndeclared as unlawful association for the purpose of this Act. \r\n(2) If after hearing the association, the Federal Government \r\nor the Provincial Government is of the opinion that the association is an \r\nunlawful association it may declare such association to be an unlawful \r\nassociation. \r\n(3) If the Federal Government or the Provincial Government \r\nis of the opinion that in the interest of the maintenance of public order \r\nor to prevent i njury to the people it is just and necessary to take \r\nimmediate action, it may, pending passing of order under sub -section \r\n(2), by an ad interim order, declare an association to be unlawful. \r\n(4) An association aggrieved by an order under sub -section \r\n(2) may file an appeal before a Board appointed by the Chief Justice of \r\nthe High Court of the Province consisting of a Chairman and two other \r\npersons each of whom is or has been a Judge of a High Court. \r\n(5) The Board shall decide the appeal within thirty days a nd \r\nmay pass such order as it may deem fit.” \r\nIII. In section 17,– \r\n(i) In sub -section (1) for the words “six months” the words “five \r\nyears” shall be substituted; and \r\n(ii) In sub-section (2) for the words “three years” the words “seven \r\nyears” shall be substituted. \r\nIV In sections 17A, 17D and 17E, for the words “Provincial Government” \r\nwherever occurring the words “Federal Government or the Provincial \r\nGovernment” shall be substituted. \r\n318\r\n[THE FIRST SCHEDULE] \r\n(List of Proscribed Organizations) \r\n[See section 11B] \r\n-------------------------------------------------- \r\nTHE SECOND SCHEDULE \r\n(List of Organizations under Observation) \r\n[See section 11D (1)(a)] \r\n------------------------------------------------------ \r\nTHE THIRD SCHEDULE \r\n(Scheduled Offences) \r\n[See section 2 (t)] \r\n(1) Any act of terrorism within the meaning of this Act including those offences \r\nwhich may be added or amended in accordance with the provisions of section \r\n34 of this Act. \r\n(2) Any other offence punishable under this Act. \r\n(3) Any attempt to commit, or any a id or abetment of, or any conspiracy to \r\ncommit, any of the aforesaid offences.] \r\n319\r\n[(4) Without prejudice to the generality of the above paragraphs, the Anti -terrorism \r\nCourt to the exclusion of any other Court shall try the offences relating to the \r\nfollowing, namely:– \r\n(i) Abduction or kidnapping for ransom; \r\n(ii) use of firearms or explosives by any device, including bomb blast in a \r\nmosque, imambargah, church, temple or any other place of worship, \r\nwhether or not any hurt or damage is caused thereby; or \r\n(iii) firing or use of explosives by any device, including bomb blast in the \r\nCourt premises\r\n320\r\n[;] \r\n(iv) \r\n321\r\n[Hurt caused by corrosive substance or attempt to cause hurt by \r\nmeans of a corrosive substance; and \r\n(v) Unlawful possession of an explosive substance or abe tment for such \r\nan offence under the Explosive Substances Act, 1908 (VI of 1908)] \r\n \r\n318Substituted by the Anti-terrorism (Amendment) Ordinance, 2001 (XXXIX of 2001) w.e.f. 14.8.2001, s.17. \r\n319Added by the Anti-terrorism (Second Amendment) Act, 2004 (II of 2005) w.e.f. 11.1.2005, s.14. \r\n320Added by Notification No. SO (Judl -I)10(I-36(I)/2010, dated 5 th September, 2012; and published in the gazette of Punjab, \r\npart-I dated 19.9.2012. \r\n321Added by Notification No. SO (Judl -I)10(I-36(I)/2010, dated 5 th September, 2012; and publish ed in the gazette of Punjab, \r\npart-I dated 19.9.2012. \r\n322\r\nTHE FOURTH SCHEDULE \r\n(See section 11EE) \r\n323\r\n[THE FIFTH SCHEDULE \r\n[see section 6(3A)] \r\n \r\n(a) Convention for the Suppression of Unlawful Seizure of Aircraft, done at The \r\nHague on the 16th December, 1970; \r\n324\r\n[(b) Convention for the Suppression of Unlawful Acts against the Safety of Civil \r\nAviation, done at Montreal on 23rd September,1971;] \r\n(c) Convention on the Prevention and Punishment of Crimes against \r\nInternationally Protected Persons, including diplomatic Agents, adopted by the \r\nGeneral Assembly of the United Nations on the 14th December, 1973; \r\n(d) International Convention against the Taking of Hostages, adopted by the \r\nGeneral Assembly of the United Nations on the 17th December, 1979; \r\n(e) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving \r\nInternational Civil Aviation, supplementary to the Convention for the \r\nsuppression of Unlawful Acts against the Safety of Civil Aviation, done at \r\nMontreal on the 24th February, 1988; \r\n325\r\n[(ea) Convention on the Physical Protection of Nuclear Material, adopted at Vienna \r\non 3rd March, 1980.] \r\n(f) Convention for the suppression of Unlawful Acts against the Safety of \r\nMaritime Navigation, done at Rome on the 10th March, 1988; \r\n(g) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed \r\nPlatforms located on the Continental Shelf, done at Rome on the 10 th March, \r\n1988; \r\n(h) International Convention for the Suppression of Terrorist Bombings, adopted \r\nby the General Assembly of the United Nations at New York on the 15 th \r\nDecember, 1997; and \r\n(i) Such other convention as may be specified by the Federal Government by \r\nnotification in the official Gazette] \r\n \r\n322Added by by the Anti-Terrorism (Amendment) Ordinance, 2002 (CXXV of 2002) w.e.f 15.11.2002, s.4 \r\n323Inserted by the Anti-terrorism (Amendment) Act, 2013 (XIII of 2013) w.e.f. 19.3.2013, s.14. \r\n324Substituted by S.R.O. 814(I)/2013, dated 20.09.2013; and published in Gazette of Pakistan (Extraordinary), Part II, dated \r\n24.09.2013. \r\n325Substituted by S.R.O. 814(I)/2013, dated 20.09.2013; and published in Gazette of Pakistan (Extraordinary), Part II, dated \r\n24.09.2013.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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