Code of Criminal Procedure (Amendment) Ordinance 1984

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ORDINANCE XVII OF 1984

CODE OF CRIMINAL PROCEDURE (AMENDMENT) ORDINANCE, 1984

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

[Gazette of Pakistan, Extraordinary, Part I, 15th April, 1984]

No. F. 17(1)/84-Pub.-The following Ordinance made by the President 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;

And whereas the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf; the President is pleased to make and promulgate the following Ordinance :-

1. Short title and commencement.-(1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1984.

(2) It shall come into force at once.

2. Amendment of section 522, Act V of 1898.-In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, in section 522, in subsection (1),-

(a) after the words "an offence", the words "of cheating or forgery or of an offence" shall be inserted;

(b) after the words "by such", the words and commas "cheating, forgery," shall be inserted ; and

(c) after the words "same" at the end, the comma and words", whether such property is in the possession or under the control of the person convicted or of any other person to whom it may have been transferred for any consideration or otherwise" shall be added.

3. Insertion of new section 522-A, Act V of 1898.-(1) In the said Code, after section 522, amended as aforesaid, the following new section shall be inserted, namely :-

"522-A. ++Power to restore possession of movable property++.-(1) Whenever a person is convicted of an offence of criminal mis-appropriation of property or criminal breach of trust or cheating or forgery and it appears to the Court that, by such misappropriation, breach of trust, cheating or forgery, any person has been disposed or otherwise deprived of any movable property, the Court may, if it thinks fit, when convicting such person or at any time within one month from the date of the conviction, order the person dispossessed or deprived of the property, where such property can be identified, to be restored to the possession of such property, whether such property is in the possession or under the control of the person convicted or of any other person to whom it may have been transferred for any consideration or otherwise.

(2) Where the property referred to in subsection (1) cannot be identified or has been disposed of by the accused so that it may not be identified, the Court may order such compensation to be paid to the person dispossessed or deprived of such property as it may determine in the circumstances of the case.

(3) No order referred to in subsection (1) or subsection (2) shall prejudice any right or interest in any movable property which any person may be able to establish in a civil suit."

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