ACT XIX OF 1994
CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 1994
An Act further to amend the Code of Criminal Procedure, 1898
[Gazette of Pakistan, Extraordinary, Part I, 14th November, 1994]
The following Act of Majlis-e-.Shoora (Parliament) received the assent of the President on the 28th October, 1994 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 purpose hereinafter appearing;
It is hereby enacted as follows:--
1. Short title and commencement.--(1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 1994.
(2) It shall come into force at once.
**2. Amendment of section 497, Act V of 1898.--**In the Code of Criminal Procedure, 1898 (Act V of 1898), in section 497, in subsection (1), in the second, proviso, for the full-stop at the end a colon shall be substituted and thereafter the following provisos shall be added, namely:--
"Provided further that the Court shall except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, direct that any person shall be released on bail--
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism."