Code of Criminal Procedure (Third Amendment) Ordinance 1996

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ORDINANCE CIII OF 1996

CODE OF CRIMINAL PROCEDURE (THIRD AMENDMENT) ORDINANCE, 1996

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

[Gazette of Pakistan, Extraordinary, Part I, 2nd November, 1996]

No.F.2(1)/96‑Pub., dated 2‑11‑1996.‑‑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 National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:‑‑‑

1. Short title, extent and commencement. ‑‑(1) This Ordinance may be called the Code of Criminal Procedure (Third Amendment) Ordinance, 1996.

(2) It shall come into force at once.

2. Amendment of heading, Chapter IX, Act V of 1898. ‑‑In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, in Chapter IX, in the heading, after the word "ASSEMBLIES", the words "AND MAINTENANCE OF PUBLIC PEACE AND SECURITY" shall be added.

3. Insertion of new section 131A, Act V of 1898. ‑‑In the said Code, after section 131, the following new section shall be inserted, namely:‑‑

"131A. Power to use military force for public security and maintenance of law and order.‑‑(1) If the Provincial Government is satisfied that, for the public security, protection of life and property, public' peace and the maintenance of law and order, it is necessary to secure the assistance of the armed forces, the Provincial Government may require, with the prior approval of the Federal Government, or the Federal Government may, on the request of the Provincial Government, direct, .any officer of the armed forces or civil armed forces to render such assistance with the help of the forces under his command, and such assistance shall include the exercise of powers specified in sections 46 to 49, 53, 54, 55 (a) and (c), 58, 63 to 67, 100, 102, 103 and 156:

Provided that such powers shall not include the powers of a Magistrate.

(2) Every such officer shall obey such requisition or direction, as the case may be, and in doing so may use such force as the circumstances may require.

(3) In rendering assistance relating to exercise of powers specified in subsection (1), every officer shall, as far as may be, follow the restrictions and conditions laid down in the Code."

4. Amendment of section 132, Act V of 1898. ‑‑In the said Code, in section 132, in clause (c), after the figure "130", the words, figures and letter "or section 131‑A" shall be inserted.

5. Amendment of section 132A, Act V of 1898. ‑‑In the said Code in section 132A, after clause (a), the following new clause shall be inserted, namely:‑‑

"(aa) the expression "civil armed forces" means the Pakistan Rangers,

Frontier Corps, Frontier Constabulary, Balochistan Constabulary, Pakistan Coast Guards or any other force as the Federal Government may notify.".

6. Repeal. ‑‑The Code of Criminal Procedure (Second Amendment) Ordinance, 1996 (LXI of 1996) is hereby repealed.

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