Code of Criminal Procedure (Amendment) Act 1975

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ACT XLIX OF 1975

CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 1975

An Act further to amend the Code of Criminal Procedure, 1898

[Gazette of Pakistan, Extraordinary, Part I, 29th April 1975]

The following Act of Parliament received the assent of the President on the 25th April 1975, and is hereby published for general information:-

Whereas it is expedient further to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title, extent and commencement.---(1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 1975.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

**2. Amendment of section 129, Act V of 1898.---**In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, in section 129, for the words "military force" the words "the armed forces" shall be substituted.

**3. Amendment of section 130, Act V of 1898.----**In the said Code, in section 130, for subsection (1) the following shall be substituted, namely:-

"(1) When a Magistrate determines to disperse any such assembly by the armed forces, he may require any officer thereof in command of any group of persons belonging to the armed forces to disperse such assembly with the help of the armed forces under his command and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law."

**4. Amendment of section 132, Act V of 1898.---**In the said Code, in section 132,-

(i) in clause (d), for the words "or volunteer" the words "sailor or airman in the armed forces" shall be substituted ; and

(ii) in the proviso, for the words "soldier in the Pakistan Army" the words "soldier, sailor or airman in the armed forces" shall be substituted.

**5. Insertion of new section 132-A, Act V of 1898.------**In the said Code, after section 132, the following new section 132-A shall be inserted, namely :-

"132-A. Definitions.-In this Chapter,-

(a) the expression "armed forces" means the military, naval and air forces, operating as land forces and includes the force constituted under the Federal Security Force Act, 1973 (XL of 1973), and any other armed forces of Pakistan so operating;

(b) "officer", in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer and a non commissioned officer; and

(c) "soldier" includes a member of the force constituted under the Act referred to in clause (a). ".

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