THE PROVINC.IALLY ADMINISTERED
TRIBAL AREAS CRIMINAL LAW (SPECIAL
PROVISIONS) REGULATION
REGULATION NO.1 OF 1975
(N.W.F.P. Extra-ordinary Gazette, 2~.7.1975)
• A, regulation to make Special Provisions for trial of certain offences
in the provincially Administered Tribal Areas of Dir, Chitral, Kalam,
Swat and Malakand Protected Area.
Whereas it is necessary to make Provisions for trial 'of certain offences in
the Provincially Administered Tribal Areas of Chitral, Dir, Swat and
Malakand Protected Area to meet the special requirements of these Areas,
And whereas clause (4) of Article 247 of the Constitution' of .the Islamic
Republic. of Pakistan provides that the' Governor of a Province, with the
approval of the President, may with respect to any matter within the
legislative competence. of the Provincial Assembly, make Regulation for
Provincially Administered Tribal Area or any part thereof; Now,
therefore, in exercise! of the powers aforesaid, the Governor of the North
West Frontier Province, with the approval of the President, is pleased to
make the following Regulation:,
1. Short title, Extent and Commencement. -- (l) This regulation may'
be called the Provincially 'Administered Tribal Areas Criminal Law
(Special Provisions) Regulation, 1975.
(2) It extends. to the Provincially Administered Tribal Areas of
Chitral, Dir, Swat (which includes Kalam) and the ·Malakand Protected
Area.
(3) It shall come into force at once.
(4) Government may, by Notification in t he official Gazette, direct
that this Regulation shall, on such date as may be specified in the
notification, cease to. be in force in any area in· which it is in force and,
upon its so ceasing to be in force in any area, shall· be deemed to have
been repealed.
NOTE
On 26.7.1975 when this Criminal Regulation was for the first time
.enforced in Malakand Division, it had like the Civi1 Regulation also a
Schedule consisting of two parts. Part I thereof related to cases-:.-of
compulsory jurisdiction, while Part II concerned the optional. But soon
after about one and half year due to some disturbances in the Dir-Kohistan
on forest Royalty, it was amended along-with the civil Regulation by a
Common Single Amended Regulation IV of 1976, its Schedule was
omitted and since 29.12.1976 all criminal cases punishable under the
Pakistan Penal Code, 1860, except cases covered by Chapters VI, VII, IX,
IX-A and XII were declared to be compulsorily decided and adjudicated
upon under the provisions of this Criminal Regulation. In 1977, by
another amended Regulation of 1977, Chapters IX and IX-A were
substituted by Chapters VIII, IX, IX-A, X' and XI, vide Gazette
Notification dated 11th January, 1978 (N.W.F.P). But. neither the
amendment of 1976 and nor that of 1977, were extended to the Malakand
Protected Area, but only to the areas of Chitral, Dir, Swat (which includes
Kalam) .. All the' criminal 'cases punishable under the Penal ~ode, 1860,
excepting
1
Criminal Regulation of
1975
the aforesaid chapters were made compulsorily triable ,under this Regulation
in the~ Malakand Protected Area only, since 24.8.1983 when ,the -Amended
Regulation of 1976. was amended by the Amended Regulation No. II of
1983. Thus the uniformity of this Regulation since its first amendment i.e.
29.12.1976, in the whole Malakand Division only, since 24'.8.1983. '
2. Definitions. --(1) In this Regulation unless there is anything
repugnant in the subject or 'context:
(a) "Commissioner" means the Commissioner, Malakand Division, or
an officer acting for, the time being as such and includes~ any
,other officer who is specially empowered by the government to
exercise the powers and functions under this Regulation;
(b) "Deputy Commissioner" includes the Political Agent and any officer
exercising or, performing any power or functions of a Deputy
Commissioner under this Regulation;
(c) "Government" means the Government of the North West Frontier
Province;
(cc) 1 "jirga" means a Jirga constituted under Section 6.
(d) "Party" means the accused and the person or persons primarily
interested in the prosecution of the case, including the prosecutor,
if any;
(e)2 Omitted.
(03 Omitted.
(2) Words and expressions used in this Regulation but not herein defined shall
have the meaning respectively assigned to them in the 'Pakistan Penal Code
(Act XLV of 1860), and the "Code of Criminal Procedure, 1898 (Act V of
1898).
3. Trial of- offence~. -- (1) Notwithstanding4 anything contained in
any other law for the time being in force, all offences punishable under the
Pakistan Penal Code (Act XLV of 1860) except those mentioned in Chapters
VI, VII, VIlla, IX, IX-A, Xb, Xlc and XII, therefore, shall be tried
by a Jirga
under and in accordance with, the Provisions of this Regulation.5
(2) Except as otherwise provided in this Regulation, the Provisions of
the Evidence Act,6 1872 (Act 1 of 1872) and the Code of Criminal
Procedure, ,1898 (Act V of 1898) shall not apply to any proceeding under
this Regulation.
NOTE
Sub-section (1) of Section, 3. The classes of cases which are excluded
from the jurisdiction of Jirga are mentioned in these chapters though these
cases are also punishable under the Pakistan Penal Code. These
1. Added by the Amended Regulation No. IV of 1976.
2,3. Omitted by the Amended Regulation No. IV of 1976.
4. Sub-section (1) has been substituted for the original by' the Amended
Regulation of 1976 (No.4). a,b,c chapters have been added with those of 1975
by the Amended Regulation of 1977 •
The cognizance of cases of the Excepted Chapters VIII, X .and XI ,either by Deputy
Commissioner or pending before the Jirga were ordered to have been
transferred to the Courts of competent jurisdiction vide Amended Regulation,
1977 (NWFP, 1978 page 16).
6. Read Now Qanoon-i-Shahadat, Order, 1984.
2
f .: "
Criminal Regulation of
1975
cases which are covered by these chapters, ·relates to crimes against the
State, Army, Naval, Air-force, Public tranquility (Rioting etc), Public
servants, false evidence, offences against the Public Justice, offences in
connection with coins and Government Stamps.
Sub-section 2(3). This Sub-section which corresponds to Subsection 2(3) of the Criminal Law (Special Provision) Ordinance, 1968 - of
West Pakistan, excludes the applicability of the Provisions of the
Evidence 7 Act and that of the Criminal Procedure Code to' proceeding
before the Jirga. But it has been recently held in a criminal case under the
Ordinance of 1968, that this exclusion of the Evidence Act or that of the
Criminal Procedure Code is . not absolute where an accused who
remained in lock up as an under trial prisoner for sufficient time and also
faced the Ordeals of trial for 13 years and the Deputy Commissioner
while convicting the accused under the Ordinance of 1968, invoked the
provisions of Section 382-B of the Criminal Procedure Code, and
adjusted the same period towards the period of his cOl1viction. Held, the
order passed
by the Deputy Commissioner not without jurisdiction or
illega1.9 Similarly the same view has been held by the same Court under
the Ordinance, 1968, that the Provisions of Qanoon-i-Shahadat, Order,
1984, having overriding provisions overall other laws on the subject,
being a law promulgated later in time then the Ordinance of 1968, repeals
the ouster clause of the Ordinance impliedly on the principle of ;, Legus
posteriors' mores contrares abrogant". The confession thus made to the
Naib Tehsildar incharge of the Levy force is inadmissible and the
Provisions of Section 3(2) of -the Ordinance, 1968, shall have no effect
to applicability of the ProvisionslOof Qanoon-i-Shahadat, Order, 1984 to
proceedings under the Ordinance.
4. Cognizance of offences. -- (l) 'I he Deputy Commissioner shall
have exclusive jurisdiction to take cognizance of an offence triable under
this Regulation committed within the District to which he is so appointed
for the time being; and such cognizance shall be taken by him(a) upon receiving 'a complaint of the facts ,which constitutes such
offence; or
(b) upon a report in writing of such facts made by a police officer;
(c) upon information received from any person other than a police
officer or upon his own knowledge or suspicion that such offence
has been committed:
Provided that the cognizance of an offence under Section 14
shall not be taken except upon a complaint made by the
husband of the woman, or in his. absence, by some person, who
had the case of such woman or his behalf at the' time when such
offence was committed.11
.
(2) When the Deputy· Commissioner takes cognizance of an offence
under Clause (c)120f Sub-section (1), he shall before constituting a
Jirga under Section. 5, inform the accused that. he is entitled to have the
7. Read now Qanoon- i -Shahada t,
Order, 1984.
10. P.L.D.
8,9. P.L.D. 1987/Quetta
1987/Quetta 141.
177.
11. This Sub-section (1) of Section 4 in the present form has been
substituted for the original by the Amended Regulation No. IV of. 1976.
brakets "Sub-clause
Clause
(c) has been substituted for the words
12
(c) r
and Clause (1)" of the said Amended
.
Regulation of 1976.
3
Criminal Regulation of
1975
case decided by another Deputy Commissioner, and if the accused, or
any of the accused if there are more than one, objects to the case being
decided by the Deputy Commissioner who has so taken cognizance of
the offence, the matter shall be' reported to th,e' Commissioner, who
shall transfer the case to another Deputy Commissioner and the Deputy
Commissioner to whom the case is so transferred shall proceed in the
manner provided in Section 5.
(3) Where 6 person is accused of more offences than one and any
such offence is triable under this Regulation, the Deputy Commissioner
shall proceed in accordance with the provisions' of this Regulation only
in respect of the offence or offences which are so triable.
(4) Subject to Section 32, where it appears to any Magistrate,
'Court or other authority enquiring into or trying any offence that su.e4'l
offence is an offence triable under this Regulation, such Magistrate,
Court or authority shall stay further proceedings in respect of such
offence and refer it to the Deputy Commissioner for proceeding in
accordance with the provisions of this Regulation.
NOTE
A Deputy Commissioner has no authority to release or discharge
the accused on the report of the 1.0. submitted under Section 173 or
169 after he has taken cognizance of tile case
5 .. Question of guilt or innocence to be referred 10 Jirga. -- The
Deputy Commissioner taking cognizance of an 'offence triable under
this Regulation shall constitute a Jirga in accordance with Section 6 and
refer the question of the guilt or innocence of the person or persons
accused of such offence to the decision of such Jirga.
6. Constitution) of Jirga. -- (1) A Jirga constituted for the purpose
of Section 5 shall consist of a Government
official, not below the rank
of Tehsildar or' Naib Tehsildal·14axercising the' powers of Tehsildar.",
who shall be its President, ·and four other members, all to be appointed
by the Deputy ,Col)1missioner.
(2) In appointing a person as a Member, other than the President,
the Deputy Commissioner shall have regard to the integrity, education,
social status and representative character of such person.
(3) No person shall be appointed as· ·a-· Member of a Jirga, other
than the President, except after giving the parties concerned an
opportunity of being' heard and considering' objections, if any, to the
appointment of such person.
7. Reference of question to a new Jirga in certain cases. -- (l)
Where a Jirga declines or fails to give a finding on a question referred to
it under Section 5 or . misconducts itself, or where, by reason of death
or· illness or absence from the country of any member or for any other
sufficient cause, the Jirga is, in the opinion of the Deputy
Commissioner, unable to perform its functions, the Deputy
Commissioner shall unless he proceeds in accordance with the
Provisions of Sub-section (2), by order in writing, stating the reasons
therefor, constitute another Jirga in accordance with Section 6 and refer
the question to the Jirga so constituted.
13. P.l.D. 1987/5.C. 103.
14. Added by the Amended Regulation of 1976.
4
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Criminal 'Regulation 'of
1975
f
, " (2) If any member of the Jirga dies, refuses to act, becomes
incapacitated
from acting, or fails to attend any two meetings of the Jir3"a without
sufficient cause to the satisfaction of. the President of the Jirga, the
President shall refer the matter to the Deputy Commissioner, who shall,
as soon as may be appointed another member in place of the defaulting
member in accordance with the Provisions of Sub-Sections (2) and (3) of
Section 6.
8. Quorum. -- The Jirgal5shall not conduct any proceedings unless
the President and at least two other members are present.
9. Procedure before the Jirga. -- (l) For the purpose of coming to a
finding on a question referred to it, the Jirga shall give opportunity to the
parties to appear before it, and proceed to hear the complainant, if any,
and record such evidence as may be adduced in respect of the accusation
or as may be called for by the Jirga:
Provided that the Jirga may in its discretion refuse to take or hear,
any evidence which in its opinion is being tendered for the purpose of
causing vexation or delay or for defeating the ends of justice:
Provided further that the provisions of Sections 121 to 126 of the
Evidence Act, 1872 (Act I of 1872) ,16 shall apply to any proceeding'
before a Jirga as they apply to proceedings before a Jirga or a Magistrate.
(2) The Jirga shall give the parties an opportunity of crossexamining the witness deposing against them.
(3) . The Jirga may administer oath to a witness in such form or
manner. not inconsistent with the religion of the witness, as it' deems fit.
NOTE
Sub-section (1). Under this provision, the Jirga can examine and
record the evidence of any person· (witness) either tendered by the parties
or on its own accord. but the Jirga members have no powers to compel
any Magistrate or Judge who appears before them as a witness to give the
source of their information or any official .•.•. secret or the' spouses or the
Counsel representing parties without the client's permission to disclose the
communication passed during their marriage or in the course and for the
purpose of his legal employment as they enjoy special protection under
Sections 121 to 126 of the Evidence Act, 1872 now under Sections 4 to 9
of the present Qanoon-i-Shahadat, Order, 1984.
10. Jirga to' have certain powers of Court. -- :For the purpose of the
performance of its functions under this regulation, the Jirga shall have
the same powers as are vested in a court under the Code of Criminal
procedure Code, 1898 (Act V of 1898) in respect of enforcing the
attendance. of any witness of the production of any document or other
thereof.
Note.;;
The power of the Criminal Court to oota1n the attendance of the.
witness or other person are given in chapters VI and VII of the Code or
Criminal procedure Code, which vary from the summon to the attachment
!J
.
l
b
.
The word "two" has been substituted for three by the Amended
Regulation of 1976.
Read now Sections 4 to 9 of the Qanoon-i-Shahadat, 1984 '"which has
replaced the Evidence Act.
5
criminal Regulation of
1975
of tile property and the warrant of arrest against the person both inside
and outside the limit of Pakistan. In the attendance of any person for the
purpose of evidence and the production of document, the Jirga members
have the same powers which the Criminal Court has under the Code of
Criminal Procedure Code, 1898. This is due to the reason that unless
there is power in the Jirga forum to compel the attendance of a witness or
other person or the production of document, there can not be the
performance of functions effectively.
11. Action upon the report of the Jirga. -- (1) T'1e finding of the
Jirga on a question referred to it under Section 5 shall be submitted to the
Deputy Commissioner in the form of a report containing the reasons for
such finding.
(2) Upon receipt of a report of the Jirga, the Deputy Commissioner,
if the report does not give a finding on the question referred to the Jirga or
any substantial part thereof, or if he is of opinion that there has been
material irregularity, or that the proceedings of the Jirga have been so
conducted as to occasion a miscarriage of justice; remand the question to
the Jirga or refer the question to a second Jirga constituted in . accordance
with' Section 6.
(3) Where the Jirga unanimously or by a majority of three-fifths
reports a finding of guilty. the Deputy Commissioner may, if he does' not
proceed under Sub-section (2), either convict, and pass sentence on, or
acquit the ,person or persons so found guilty ..
(4) Where the Jirga unanimously or by a' majority of three-fifth
reports a finding' of not guilty, the' Deputy Commissioner shall, if he does
not proceed under Sub-section, (2) acquit the person or persons so found
not guilty.
(5) Where the Jirga reports a finding either of guilty or of not guilty
by "less than three-fifth of its members" ,I the Deputy Commissioner
shall, if he does not proceed under Sub-section (2), acquit the accused
person or persons.
(6) Where the Deputy Commissioner remands or refers under Subsection (2) a question, he shall (a) if the Jirga, on such remand or reference,' unanimously or by a
majority of not less than three-fifth reports a finding of Guilty,
convict and pass sentence on the accused; and
"(b) in any other case, acquit the accused.
(7) The Deputy Commissioner shall, before passing any order under
this section, give the accused an opportunity of being heard and shall
record reasons for any such order.
(8) The Order of the Deputy Commissioner under this section, either
convicting or acquitting any accused, shall be announced in the presence
of the accused and a copy thereof sha11 be furnished to' the parties free of
costs .
NOTE
T he Deputy Commissioner or his delegatee under this section has
no power to remand the case for the third time except where he is so
ordered by the Commisioner .18 :
17. LSubstituted for the. words "a majority of less than four-fifth" by the
Amending Regulation of 1976.
18. See P.L.D. 1987/Quetta 141.
6
Criminal Regulation of
1975
12. Punishment. -- (1) 19 where the Deputy Commissioner convicts
a person under Section 11, he may sentence the person to any penalty
prescribed for that offence under the Pakistan Penal Code, 1860, except
the sentence of death:
Provided that an offence punishable under Section 303 of the said
Code shall be punishable with imprisonment for life and with fine.
(2) Where a person is convicted
of an offence under Section 302
or Section 303 of the Pakistan Penal Code (Act XLV of 1860), he shall
not, for the period of five years following his release from such
imprisonment, reside or remain, within a radious of fifteen miles of t he
village of the complainant.
(3) Whoever contravenes the provisions of Sub-section (2), shall be
punishable with imprisonment for a term not exceeding one-third of the
term of imprisonment awarded under Sub-section (1)" and, if he was
punished under that Section with fine also, with fine not exceeding onethird of that fine.
NOTE
This Section provides the punishment to be given to the accused.
It lays down, that while convicting the accused, he or she shall not be
given the punishment as prescribed in the Customary Code, but as
prescribed by the P. P. C. Short of death}O' 'and that of the Regulation,
as given in Sub-section (2) additionally, and if the convict contravenes i.
e. tried to reside or remain within the prohibited areas after the release,
he or she can again be convicted for the one-third period of the
imprisonment or fine awarded. But the omission of expulsion for five
years after the release of the imprisonment as provided under Sub-section
(2) of Section 12, is not fatal, but follows ipso-facto after the release
from the imprisonment according to the very wordings of the Subsection.
The Deputy Commissioner or his delegatee is also competent under
Section 382-8 of Criminal Procedure Code, while convicting the accused
to adjust the period of detention ,spent by the accused as an untrial
prisoner or' faced 'the orders of trial for years, and the order of
adjustment so passed cannot· be termed as without jurisdiction as the
equitable principles contained either in the Evidence Act of 1872, or in
the Criminal Procedure Code, 1898, as long as it does not prejudice an
accused can be followed by the authorities 'dealing
with the cases of
Tribunal and their exclusion is not absolute. 21 The provisions, of the
Qanoon-i-Shahadat, Order, 1984,is also applicable to the proceedings
under the Tribunal, and Section 3(2} of the Ordinan~,e shahadat', 1968
"(which corresponds to Section 3(2) of the Regulation, 1975)"~Shall
have no effect to applicability of provisions of Qanoon-i-Shahadat,
Order, 1984 which has overriding provisions overall other laws,2-3 ),
13. Compensation.
(l) Where the Deputy Commissioner passes
any sentence of fine for an offence, he may, at the time of passing the
sentence, order the whole or any part of. the fine recovered to
19. The ori9inal Section 12 was re-numbered as Sub-section (l) and the
Proviso and the Sub-section (2) and (3) have been added by the
Amending Regulation of 1976.
20. See P.L.O. 1962/Quetta 60:
21. See P. L .0. 1987/Quet
ta 177.
22. These words i.e. the •• o,ds in
23. See P.L.D. 1987/Quetta
the brakets have been added by
141.
the author.
7
Criminal Regulation of
1975
be applied in payment of Compensation for any loss or injury whether of
person or of property caused to any person by the offender.
(2) Where a person has received any such €compensation as a full
discharge of the civil liability of the accused to such person on account
of the loss or injury mentioned in Sub-section (1), no Civil Court or any
other authority performing the functions of a Civil Court shall take
cognizance of a claim to Compensation based on such loss or injury.
(3) Where a person entitled to receive the amount of the
Compensation may be paid to the heirs of such person to be determined
by the Deputy Commissioner in accordance with the Personal Law of the
deceased.
, 14. Woman punishable for adultery. -- A married woman who,
knowingly and by her own consent, has sexual intercourse with any man
who is not her husband shall be punishable with imprisonment for a term
which may extend to five years, or with fine, or with both.
NOTE
This Section has become redundant after the enforcement of the
Zina Hudood Ordinance which punishes both married and unmarried
under the Islamic Law.
15. Cognizance of offence. -- (1) An offence triable under this
Regulation, shall be cognizable or non-cognizable according as the same
is cognizable or non-cognizable under the Code of Criminal Procedure,
1898 (Act V of 1898) .
. (2) Any private person may arrest or cause to be arrested any
person who is reasonably suspected of being concerned in any offence
triable under this Regulation or against whom a reasonable complaint
has been made or credible information has been received' or reasonable
suspicion exists of having been so concerned and., without unnecessary
delay, make over or cause to be made over the person so arrested to a
police officer or, in the absence of police officer, take such person so
arrested or cause him to be taken in custody to the nearest police station.
15-·A.24 Time limit for investigation in cognizable cases. -Investigation in cognizable cases shall be completed by' the officer-incharge of a police station or any other police officer entrusted with such
investigation and the report thereof alongwith the accused, if under
custody, shall be forwarded to the Deputy Commissioner within 'a period
of fifteen days of the making of the· first information report:
Provided that the said period may, for sufficient cause, be extended
by the Deputy Commissioner for a further period not exceeding ten days.
16. Bail. -- (1) An offence triable under this Reguulaation shall be
bailable or non-bailable according as the same 'is bailable or non-bailable
under the Code of Criminal Procedure, 1898 (Act V of 1898), and the
Deputy Commissioner shall have the same powers of granting bail to a
person or persons accused of an offence as a Court has under that Code.
(2) The President of a Jirga may, in regard to a case referred to the
Jirga for decision under Section 5, exercise the powers of the Deputy
Commissioner under this Section.
24, Added by the Amended Regulation No. IV'of 1976.
8
Criminal Regulation or
1975 ,
NOTE
This Section confers the power of granting bail to the accused on
the Deputy Commissioner and the President of the Jirga. The powers of
the Deputy Commissioner are, those as enjoy by the Court of Session or
the High Court under Sections 496, 4n and 498 of the Criminal
Procedure Code, 1898; while those of the ,President of the Jirga only,
what is enjoyed by the Magistrate under Section 497 of the said Code. In
other words, the Deputy Commissioner can Grant bail to an accused
both before or after the arrest while the President only to the accused
whose case is referred to him for decision. It is not necessary that the
Code of Criminal Procedure Code, 1898 or the subsequent amendment
thereof brought about in Section 497, C. P. C. to release the accused on
bail if remained in continuous custody for a certain period be in force or
extended to the Provincially Administered Tribal Areas where the
Regulation of 1975 is in force. The reason is that neither the Deputy
Commissioner nor the President of the Jirga derives his power of bail
from the provisions of Criminal Procedure Code, 1898, but from Section
16 of the Regulation 1975. The reference in Section 16 of the Regulation
to the power of a Court under the Code of Criminal Procedure, 1898 to
be also that of the Deputy Commissioner or that of the President of the
Jirga, means the principles and the conditions, as contained in the.
relevant sections of the said Code for the purpose of bail would be kept
in mind by these two Authorities. The jurisdiction of the normal courts
also exist to entertain bail application as long as the case is not sent up
by the Deputy Commissioner to the Jirga/Tribunal or has not taken
cognizance of the c!1se. Where the Deputy Commissioner only referred
the matter' of schedule' offence under the provisions of the Ordinance,
1968,' for enquiry and investigation. Held, that the normal court rightly
entertained the bail application .25-' 'For further discussion see Note
under Section 16 of the Ordinance, 1968.
17. Security for keeping the peace. -- (1) Where the Deputy
Commissioner (a) is satisfied that any person within his District has either a blood
feud, or has occasioned cause of quarrel likely to lead to blood
shed; or
(b) is of opinion that it is necessary for the purpose of preventing
murder, or culpable homicide not amounting' to murder, to
require a person within his District to execute a bond under
this Section for keeping the peace,
the Deputy Commissioner may order the person to execute a bond with
'or without sureties (not exceeding two in number), for his good
behaviour or for keeping the peace, as the case may be, during such
period, not exceeding three years, ,as the Deputy Commissioner!' may
fix.'
(2) The Deputy Commissioner may make an order under Subsection
(1)
(a) on the recommendation of a Jirga; or
(b) after enquiry as provided in Section
19.
(3) Pending completion of an enquiry for the purposes of Subsection (2), the Deputy Commissioner may, if he considers that
immediate measures are necessary for, preventing any offence referred
to in Sub-section (1),
:. 25. P.L.D. 1979/Quetta 96; P~L,D. 1987/Quetta 204.
9
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Criminal Regulation of
1975
direct a person in respect of whom the enquiry is to be held, to execute a'
bond, with or without sureties (not exceeding two in number), for
keeping the peace or maintaining good behaviour, for a period not
exceeding one month, and detain him in custody till such bond is
executed.
(4) Where a person has been convicted in accordance with, the
finding of a tribunal of an offence punishable under Section 302, Section
304, Section 307 or Section 308 of the Pakistan Penal Code (Act XLV of
1860), the Deputy Commissioner, at the time of passing the sentence, or
the Commissioner at the time of deciding the appeal, may make an
order under Sub-section (1)' with respect to'that person,
'
(5) Where the Deputy Commissioner makes an order under Subsection (1) on the recommendation of a Jirga, he shall, record his reasons
for
acting on the recommendation,
(6) Where the Commissioner or the Deputy Commissioner is 'Of opinion that
sufficient grounds exist for. making an order under Sub-section .). (1), he
may, either in lieu of, or in addition to, such order, by order in writing,
direct that the person concerned shall notify his residence and any change of
residence in the manner prescribed by Section 565 /of the' Code of Criminal
Procedure, 1898, (Act V of 1898), during such / term, not exceeding three
years, as may be specified in the order
NOTE
Extension of Penal Code, 1860 and Criminal Procedure Code, 1898,
to Tribal Areas concerned. Such extension of Penal Code and Criminal
Code to such area, makes the killing of a "Dushman" an offence, within
cognizance of Criminal Courts. Killing of a. "Dushman" after
enforcement, of Regulation I of 1973, held further cannot ,be justified on
grounds of customs and the order of" A. C. in demanding security is both
proper and legal.Z6
18. Power of demanding security from male, adult members of
families. -- Where a blood-feud or other cause of quarrel likely to lead to
blood-shed exists or in the opinion of the Deputy Commissioner, is likely
to arise between two families or factions, the Deputy Commissioner may,
on the recommendation of a Jirga, or after enquiry as provided in Section
19, order all or any of the male adult members of both ,the families or
factions or either family or faction to execute a bond with or without
sureties, for their good behaviour or for keeping the peace, as the case
may be, during such period, not exceeding three years, as he\ may fix.
19. Procedure for enquiry.
(1) An enquiry for the purposes
of Section 17 or Section 18 shall be conducted" in the presence of the
person or persons required to furnish a bond and shall provide an
adequate opportunity to such person or persons (a) of showing cause why a bond should not be required;
(b) of cross-examining any witnesses not called for by himself, or
themselves who may testify to the necessity or otherwise for the
execution of a bond;
(c) of having his "or their witnesses examined:
Provided that the Deputy Commissioner may, in his discretion,
refuse to hear any evidence 'Which he feels is being tendered for the
purposes of vexation or delay or for defeating the ends of justice:
Provide<;l further that the provisions of Sections 121 to 126 of the
Evidence Act,'
10