All posts by ANK

Pakistan Penal Code 1860

Act XLV of 1860

October 6th, 1860

Amended by: Protection of Women (Criminal Laws Amendment) Act, 2006,Criminal Laws (Amendment) Act, 2004 (I of 2005),Criminal Law (Amendment) Ordinance (LXXXV of 2002),Criminal Laws (Reforms) Ordinance (LXXXVI of 2002),etc.

Whereas it is expedient to provide a general Penal Code for Pakistan: It is enacted as follows:-

CHAPTER I

INTRODUCTION

Title and extent of operation of the Code.

This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan.

  1. Punishment of offences committed within Pakistan.

Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan. 

23.Punishment of offences committed beyond, but which by law may be tried within Pakistan.

Any person liable, by any Pakistan Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan.

Extension of Code to extra-territorial offences.

The provisions of this Code apply also to any offence committed by:-

1[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan;] 1

2[] 2 4[] 4

(4) any person on any ship or aircraft registered in Pakistan wherever it may be.

Explanation: In this section the word “offence” includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code.

Illustrations

  • A, a Pakistan subject, commits a murder in Uganda. He can be tried and convicted of murder in any place in Pakistan in which he may be found.

5[] 5

6[(c) C, a foreigner who is in the service of Pakistan commits a murder in London. He can be tried and convicted of murder at any place in Pakistan in which he may be found.] 6

 

  • D, a British subject living in Junagadh, instigates E to commit a murder in Lahore. D is guilty of abetting murder.

7[

(1) Certain laws not to be affected by this Act.

Nothing in this Act is intended to repeal, vary, suspend or affect any of the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the State or of any special or local law.

] 8

CHAPTER II

GENERAL EXPLANATIONS

     (2)   Definitions in the code to be understood subject to exceptions.

 

Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled “General Exceptions,” though those exceptions are not repeated in such definition, penal provision or illustration.

 

Illustrations

 

  • The sections in this Code, which contains definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

 

  • A, a police officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and, therefore, the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it.”

 

(3) Sense of expression once explained.

 

Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.

 

(4) Gender.

 

The pronoun “he” and its derivatives are used of any person, whether male or female.

 

Number.

 

Unless the contrary appears from the context, words importing the singlular number include the plural number, and words importing the plural number include the singular number.

 

(3) “Man”, “Woman”.

 

The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.

 

“Person”.

 

The word “person” includes any Company or Association, or body of persons, whether incorporated or not.

 

“Public”.

 

The word “public” includes any class of the public or any community.

 

8[] 8

 

  • “Servant of the State”.

 

The words “servant of the State” denote all officers or servants continued, appointed or employed in Pakistan, by or under the authority of the Federal Government or any Provincial Government.

 

9[] 9

 

  • “Government”

 

The word “Government” denotes the person or persons authorized by law to administer executive Government in Pakistan, or in any part thereof.

 

10[] 10

 

  • “Judge”.

 

The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person–

 

who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or

 

who is one of a body of persons, which body of persons is empowered by law to give such Judgment.

 

Illustrations

11[] 11

 

  • A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge.

 

12[] 12 13[] 13

 

 

  • “Court of Justice”.

 

The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially. 14[] 14

 

  • “Public servant”.

 

The words “public servant” denotes a person falling under any of the descriptions herein after following, namely:- 15[] 15

 

Second: Every Commissioned Officer in the Military, Naval or Air Forces of Pakistan

 

while serving under the Federal Government or any Provincial Government;

 

Third:       Every Judge;

 

Fourth:    Every officer of a Court of Justice whose duty it is, as such officer, to investigate

 

or report on any matter of law or fact, or to make, authenticate, or keep any

 

document, or to take charge or dispose of any property, or to execute any judicial

 

process, or to administer any oath, or to interpret, or to preserve order in the

 

Court; and every person specially authorized by a Court of Justice to perform any

 

of such duties;

 

Fifth:        Every juryman, assessor, or member of a panchayat assisting a Court of Justice or

 

public servant;

 

Sixth:       Every arbitrator or other person to whom any cause or matter has been referred for

 

decision or report by any Court of Justice, or by any other competent public

 

authority;

 

Seventh: Every person who holds any office by virtue of which he is empowered to place

 

or keep any person in confinement;

 

Eighth:    Every officer of the Government whose duty it is, as such officer, to prevent

 

offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

 

Ninth:      Every officer whose duty it is, as such officer, to take, receive, keep or expend

 

any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, or any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government, and every officer in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty;

 

Tenth:     Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

 

 

Eleventh: Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an elections.

 

Illustration

 

A Municipal Commissioner is a public servant.

Explanation 1: Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2: Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

 

Explanation 3: The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.

 

 

  • Movable property.

 

The words “movable property” are intended to include corporeal property of every description, except land and thing attached to the earth, or permanently fastened to anything which is attached to the earth.

 

  • “Wrongful gain”, “Wrongful loss”, “Gaining Wrongfully”, “Losing Wrongfully”.

 

“Wrongful gain. “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

 

“Wrongful loss”. Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.

 

Gaining                 A person is said to gain wrongfully when such person retains

 

wrongfully,           wrongfully, as well as when such person acquires wrongfully. A person

 

Losing                    is said to lose wrongfully when such person is wrongfully kept out of

 

wrongfully.           any property, as well as when such person is wrongfully deprived of

 

property.

 

  1. “Dishonestly”

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

 

  1. “Fraudulently”.

 

A person is said to do ,a thing fraudulently if he does that thing with intent to defraud but not otherwise.

 

  1. “Reason to believe”.

 

A person is said to have “reason to believe” a thing if he has sufficient cause to believe that thing but not otherwise.

 

  1. Property in possession of wife, clerk or servant.

 

When property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.

Explanation: A person employed temporarily on a particular occasion in the capacity of a clerk, or servant, is a clerk or servant within the meaning of this section.

 

  1. “Counterfeit”.

 

A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

 

Explanation 1: It is not essential to counterfeiting that the imitation should be exact. Explanation 2: When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended” by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.

 

 

  1. Document:

 

The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

 

Explanation 1 : It is immaterial by what means or upon what substance, the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.

 

Illustrations

 

A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.

 

A cheque upon a banker is a document.

 

 

A Power-of-Attorney is a document.

 

A map or plan which is intended to be used or which may be used as evidence, is a document.

 

A writing containing directions or instructions is a document.

 

Explanation 2: Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letter, figure or marks within the meaning of this section, although the same may not be actually expressed.

Illustrations

 

A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage is that the bill is to be paid to the holder. The endorsement is a document and must be construed in the same manner as if >the words “pay to the holder” or words to that effect had been written over the signature.

 

  • “Valuable security”.

 

The words “valuable security denote a document which is, or purports to be a document whereby any legal right is created, extended, transferred restricted, extinguished or released, or whereby, any person acknowledges that he lies under legal liability, or has not certain legal right.

 

Illustration

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”.

 

  • “A will”.

 

The words “a will” denote any testamentary document.

 

  • Words referring to acts include illegal omissions.

 

In every part of this Code, except where contrary intention appears from the context, words which refer to acts done extend also to illegal omission.

 

  • “Act”, “Omission”.

 

The word “act” denotes as well a series of acts as a single act; the word “omission” denotes as well a series of omissions as a single omission.

 

  • Acts done by several persons In furtherance of common intention.

 

When a criminal act is done by several persons, in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by him alone.

 

  • When such an act is criminal by reason of its being done with a criminal knowledge or

 

intention:

 

Whenever an act, which is criminal only by reason of its being with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with the knowledge or intention.

 

  1. Effects caused partly by act and partly by omission:

 

Whoever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and pertly by an omission is the same offence.

 

Illustration

A intentionally causes Z’s death, partly by illegally omitting to give Z food and partly by beating Z. A has committed murder.

 

  • Co-operation by doing one of several acts constituting an offence:

 

When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

 

Illustrations

 

  • A and B agree to murder Z by severally and at different times giving him small dose of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder and as each of them dose an act by which the death is caused, they are both guilty of the offence though their acts are separate.

 

  • A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.

 

  • A, a jailor, has the charge of Z, a prisoner. A intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death, Z dies of hunger. B is guilty of murder, but as A did not co-operate with B, A is guilty only of an attempt to commit murder.

 

 

 

  1. Persons concerned in criminal act may be guilty of different offences:

 

Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

 

Illustration

 

A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assist A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.

 

  1. “Voluntarily”:

 

A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

 

Illustration

A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating robbery and thus causes the death of a person. Here, A may not have intended to cause death, and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death; he has caused death voluntarily.

 

  1. “Offence”:

 

Except in the chapters and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made punishable by this Code. In Chapter IV, Chapter V-A and in the following sections, namely, Sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328.329,330.331,347,348, 388, 389 and 445, the word “offence” denotes a thing punishable under this Code, or under, any/special or local law as hereinafter defined. And in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word “offence” has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

 

  1. “Special law”:

 

A “special law” is a law applicable to a particular subject.

 

  1. “Local Law”:

 

A “local law” is a law applicable only to a particular part of the territories comprised in Pakistan.

 

  1. “Illegal”, “Legally bound to do”:

 

The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action, and a person is said to be “legally bound to do” whatever it is illegal in him to omit.

 

  1. “Injury”:

 

The “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

 

  1. “Life”:

 

The word “life” denotes the life of a human being, unless the contrary appears from the context.

 

  1. “Death”:

 

The word “death” denotes the death of a human being unless the contrary appears from the context.

 

  1. “Animal”:

 

The word “animal” denotes any living creature other than a human being.

 

  1. “Vessel”:

 

The word “vessel” denotes anything made for the conveyance by water of human beings or of property.

 

  1. “Year”, “Month”:

 

Wherever the word “year” or the word “month” is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

 

  1. “Section”:

 

The word “section” denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures.

 

  1. “Oath”:

 

The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or, to be used for the purpose of proof, whether in a Court of Justice or not.

 

  1. “Good faith”:

 

Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention.

 

16[

 

52- “Harbour”:

 

  1. Except in Section 157, and in Section 130 in the case in which the harbour is given by the wife or husband of a person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms; ammunition or means of conveyance, or assisting a person by any means, whether of the same kind as, those enumerated in this section or not, to evade apprehension.

 

] 16

 

 

CHAPTER III

OF PUNISHMENTS.

 

17[

 

  1. Punishments:

 

The punishments to which offenders are liable under the provisions of this Code are:

 

Firstly,        Qisas;

 

Secondly, Diyat;

 

Thirdly,      Arsh;

 

Fourthly, Daman;

 

Fifthly,       Ta’zir;

 

Sixthly,      Death;

 

Seventhly, Imprisonment for life;

 

Eighthly,   Imprisonment which is of two descriptions, namely:–

 

(i) Rigorous, i.e., with hard labour;

 

(ii) Simple;

 

Ninthly,     Forfeiture of property;

 

Tenthly,    Fine

 

] 17

 

  1. Commutation of sentence of death:

 

In every case in which sentence of death shall have been passed the Federal Government or the Provincial Government of the Province within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for any other

punishment provided by this Code:

18[

 

Provided, that, in a case in which sentence of death shall have been passed against an offender convicted for an offence of qatl, such sentence shall not be commuted without the

consent of the heirs of the victim.

] 18

 

  1. Commutation of sentence of imprisonment for life:

 

In every case in which sentence of imprisonment for life shall have been passed, the Provincial Government of the Province within which the offender, shall have been sentenced may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years:

19[

 

Provided that, in a case in which sentence of imprisonment for life shall have been passed against an offender convicted for an offence punishable under Chapter XVI, such punishment shall not be commuted without the consent of the victim or, as the case may be, of his heirs.

] 19

 

20[

 

55- Saving for President prerogative:

 

  1. Nothing in Section fifty-four or Section fifty-five shall derogate from the right of the President to grant pardons, reprieves, respites or remissions of punishment:

Provided that such right shall not without the consent of the victim or, as the case may be. of the heirs of the victim, be exercised for any sentence awarded under Chapter XVI.

 

] 20 21[] 21

 

  1. Fractions of terms of punishment:

 

In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty-five years.

 

22[] 22

 

  1. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple:

 

In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

 

23[] 23

 

  1. Amount of fine:

 

Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.

 

  1. Sentence of imprisonment for non-payment of fine:

 

In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender, shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

 

  1. Limit to imprisonment for non-payment of fine when imprisonment and fine awardable:

The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall, not exceed one-fourth of the term of imprisonment, which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

 

  1. Description of imprisonment for non-payment of fine:

 

The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.

 

  1. Imprisonment for non-payment of fine when offence punishable with fine only:

 

If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed, one hundred rupees, and for any term not exceeding six months in any other case.

 

  1. Imprisonment to terminate on payment of fine:

 

The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

 

  1. Termination of imprisonment on payment of proportional part of fine:

 

If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

 

Illustration

A is sentenced to fine of one hundred rupees and to four months, imprisonment in default of payment. Here, seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment. A will be discharged as soon as the first month has expired, if seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues imprisonment. A will be immediately discharged, if fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed, if fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

 

  1. Fine leviable within six years, or during imprisonment; Death not to discharge property from liability:

The fine or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender dose not discharge from the liability any property which would, after his death, be legally liable for his debts.

 

  1. Limit of punishment of offence made up of several offences:

 

Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided;

 

Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or

 

Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,

 

the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offence.

 

 

Illustrations

 

  • A gives Z fifty strokes with a stick. Here A may have committ the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which makes up the whole beating. If were liable to punishment for every blow, they might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.

 

  • But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here as the blow given to Y is no part of the act whereby A voluntarily cause hurt to Z, A is liable to one punishment, for voluntarily causing hurt to Z, and to another for the blow given to Y.

 

 

  1. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which:

In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided, for all.

 

  1. Solitary confinement:

 

Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment ,the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say:

 

a time not exceeding one month if the term of imprisonment shall not exceed six months;

 

a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;

a time not exceeding three months if the term of imprisonment shall exceed one year.

 

 

  1. Limit of solitary confinement:

 

In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the period of solitary confinement of not less duration than such periods, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less -duration than such periods.

 

  1. Enhanced punishment for certain offenders under Chapter XII or Chapter XVII after previous conviction:

Whoever, having been convicted:-

 

  • by a Court in Pakistan of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, or

 

24[] 24 shall be guilty of any offence punishable under either of those Chapters with the imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.

 

 

CHAPTER IV

GENERAL EXCEPTIONS

 

  1. Act done by a person bound, or by mistake of fact believing himself bound, by law:

 

Nothing is an offence which Is done by a person who is, or who by reason of a mistake of fact and not reason of a mistake of law in good faith believes himself to be, bound by law to do it.

 

Illustrations

 

  • A, a soldier, fires on a mob by the order of his superior officer, in conformity, with the commands of the law. A has committed no offence.

 

  • A an officer of a Court of Justice, being ordered by that Court to arrest Y and after due enquiry, believing Z to be Y arrests Z. A has committed no offence.

 

 

 

  1. Act of Judge when acting judicially:

 

Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

 

  1. Act done pursuant to the judgment or order of Court:

 

Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.

 

  1. Act done by a person justified, or by mistake of fact believing himself justified, by law:

 

Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

 

 

Illustration

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murders in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in selfdefence.

 

  1. Accident in doing a lawful act:

 

Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

 

Illustration

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if there was no want of proper caution on the part of A, his act is excusable and not an offence.

 

  1. Act likely to cause harm, but done without criminal intent, and to prevent other harm:

 

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

 

Explanation: It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

 

Illustrations

 

  • A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board; unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him incurring the risk of running down C.

 

  • A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.

 

 

  1. Act of a child under seven years of age:

 

Nothing is an offence, which is done by a child under seven years of age.

 

 

  1. Act of a child above seven and under twelve of immature understanding:

 

Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

 

  1. Act of a person of unsound mind:

 

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

 

  1. Act of a person incapable of Judgment by reason of intoxication caused against his will:

 

Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

 

  1. Offence requiring a particular intent or knowledge committed by one who is intoxicated:

In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who dose the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

 

  1. Act not Intended and not known to be likely to cause death or grievous hurt, done by consent:

 

Nothing which is not intended to cause death, or grievous hurt, and which is not known by doer to be likely to cause death, or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

 

Illustration

A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.

 

  • Act not intended to cause death, done by consent in good faith for person’s benefit:

 

Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

 

 

 

Illustration

A, a surgeon, knowing that a particular operation is likely to cause of death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith for Z’s benefit, performs that operation on Z with Z’s consent. A has-committed no offence.

 

  • Act done In good faith for benefit of child or insane person, by or by consent of guardian:

Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person:

 

Provided

 

First:          That this exception shall not extend to the intentional causing of death, or to the

 

attempting to cause death;

 

Secondly: That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt; or the curing of any grievous disease or infirmity;

 

Thirdly:     That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

 

Fourthly:  That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

 

Illustration

 

A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by “a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

 

  1. Consent known to be given under fear or misconception:

 

A consent is not such a consent as is intended by any action of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or

 

Consent of insane person: If the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

 

Consent of child: Unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

 

  • Exclusion of acts which are offences independently of harm caused:

 

The exceptions in Sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent or on whose behalf the consent is given.

 

Illustration

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) to an offence independently of any harm which it may cause or be intended, to cause to the woman. Therefore it is not an offence by reason of such harm; and the consent of the woman or of her guardian to the causing of such miscarriage dose not justify the act.

 

  • Act done in good faith for benefit of a person without consent:

 

Nothing an offence by reason of any harm which it may cause to a person by whose benefit it is done in good faith even without that person’s consent, if the Circumstances are such that is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:

 

Provided

 

First:          That this exception shall not extend to the intentional causing of death, or the

 

attempting to cause death;

 

Secondly: That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous, hurt, or the curing of any grievous disease or infirmity;

 

Thirdly:     That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt for any purpose other than the preventing of death or hurt;

 

Fourthly:  That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

 

Illustrations

 

  1. Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A not Intending Z’s death but in good faith for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

 

  1. Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit A’s ball gives Z a mortal wound. A has committed no offence.

 

  1. A, a surgeon, sees child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

 

  1. A is in a house which is on fire with Z, a child. People below hold out a blanket. A drops the child from the house-top, knowing it to be likely that the fall may kill the child, but not intending to kill the child and intending, in good faith, the child’s benefit. Here even, if the child is killed by the fall, A has committed no offence.

 

Explanation: Mere pecuniary benefit is not benefit within the meaning of Sections 88,89 and 92.

 

 

  • Communication made in good faith:

 

No communication made in good faith is an offence by reason of any harm to the person to whom it is made for the benefit of that person.

 

Illustration

A, a surgeon, in good-faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

 

  • Act to which a person is compelled by threats:

 

Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence:

 

Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

 

Explanation 1: A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception on the ground” of his having been compelled by his associates to do anything that is an offence by law.

 

Explanation 2: A person seized by a gang of dacoits, and forced by threat of instant death, to do a thing, which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

 

 

  • Act causing slight harm:

 

Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

 

 

 

Of the right of Private Defence

 

  1. Things done in private defence:

 

Nothing is an offence which is done in the exercise of the right of private defence.

 

  1. Right of private defence of the body and of property:

 

Every person has a right, subject to the restrictions contained in Section 99, to defend;

 

First:          His own body, and the body of any other person, against any offence affecting

 

the human body;

 

Secondly: The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

 

  • Right of private defence against the act of a person of unsound mind, etc.:

 

When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

 

Illustrations

 

  • Z, under the influence of madness, attempts to kill A; Z is guilty of no offence, but A has the same right of private defence which he would have if Z were sane.

 

  • A enters by night a house which he is legally entitled to enter. Z in good faith, taking A for a house-breaker, attacks A. Here Z by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.

 

  1. Act against which there is no right of private defence:

 

There is no right of private defence against an act which dose not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour, of his office, though that act may not be strictly justifiable by law.

 

There is no right of private defence against an act which dose not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law.

 

There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

 

Extent to which the The right of private defence in no case extends to the inflicting right may be exercised: of more harm than it is necessary to inflict for the purpose of

 

defence.

 

Explanation 1 :A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant.

 

Explanation 2: A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if deemed.

 

 

  1. When the right of private defence of the body extends to causing death:

 

The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:–

 

First:          Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

 

 

Secondly: Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

 

Thirdly: An assault with the intention of committing rape;

 

Fourthly: An assault with the intention of gratifying unnatural lust.

 

Fifthly: An assault with the intention of kidnapping or abduction.

 

Sixthly:     An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

 

  1. When such right extends to causing any harm other than death:

 

If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body dose not extend to the voluntary causing of death to the assailant, but dose extend, under the restrictions mentioned in Section 99 to the voluntary causing to the assailant of any harm other than death.

 

  1. Commencement and continuance of the right of private defence of the body:

 

The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.

 

  1. When the right of private defence of property extends to causing death:

 

The right of private defence of property extends, under the restrictions mentioned in Section 99, to the voluntary Causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:-

 

 

First:          Robbery;

 

Secondly: House-breaking by night;

 

Thirdly:     Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for the custody of property;

Fourthly:  Theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

 

  1. When such right extends to causing any harm other than death:

 

If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief or criminal trespass, not of any of the descriptions enumerated in the last preceding section that right dose not extend, to the voluntary causing of death, but dose extend, subject to the restrictions mentioned in Section 99, to the voluntary causing to the wrong-doer of any harm other than death.

 

  1. Commencement and continuance of the right of private defence of property:

 

The right of private defence of property commences when a reasonable apprehension of danger to the property commences.

 

The right of private defence of property against theft continues tilt the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.

 

The right of private defence of property against robbery Continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant-hurt or of instant personal restraint continues.

 

The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

 

The right of private defence of property against house breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

 

  1. Right of private defence against deadly assault when there is risk of harm to innocent person:

If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

 

 

Illustration

 

A is attacked by a mob who attempt to murder him. He can not effectually exercise his right of private defence with out firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

 

 

CHAPTER V

 

OF ABETMENT

  1. Abetment of a thing:

 

A person abets the doing of a thing, who:

 

First:          Instigates any person to do that thing; or

 

Secondly: Engages with one or more other person or, persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, And in order to the doing of that thing; or

 

Thirdly:     Intentionally aids, by any act or illegal omission, the doing of that thing.

 

Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procures a thing to be done, is said to instigate the doing of that thing.

 

Illustration

 

A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully presents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2: Whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

 

  1. Abettor:

 

A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same Intention or knowledge as that of the abettor. Explanation 1: The abetment of the illegal omission-of an act may amount to an offence although the abettor may not himself be bound to do that act.

 

Explanation 2: To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

 

Illustrations

 

  • A instigates 8 to murder C, B refuses to do so. A is guilty of abetting B to commit murder.

 

  • A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.

 

Explanation 3: It is not necessary that the person abetted should be capable by law of

 

committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor or any guilty intention or knowledge.

 

Illustrations

 

  • A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A whether the act be committed or not, is guilty of abetting an offence.

 

  • A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby, cause Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing ah offence, and had committed murder, and he is therefore subject to the punishment of death.

 

  • A instigates B to set fire to a dwelling-house, B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of As instigation. B has committed no offence, but A is guilty, of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence.

 

  • A intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A includes B to believe that the property belongs to A. B takes the property out of Z’s possession in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

 

Explanation 4: The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

 

Illustration

 

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and as A instigated B to commit the offence, A is also liable to the same punishment.

 

Explanation 5: It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

 

Illustration

 

A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person to administer the poison, but

 

without mentioning A’s name. C agrees to procure the poison and procures and delivers it to B for the purpose of its being used in the manner explained. A administer the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has, therefore, committed the offence defined in this section and is liable to the punishment for murder.

 

25[

 

108- Abetment in Pakistan of offences outside it:

 

  • A person abets an offence within the meaning of this Code who, in Pakistan, abets the commission of any act without and beyond Pakistan which would constitute an offence committed in Pakistan.

 

Illustration

A, in Pakistan, instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.

 

] 25

 

  1. Punishment of abetment if the Act abetted committed In consequence and where no express provision is made for its punishment:

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code, for the punishment of such abetment, be punished with the punishment provided for the offence:

26[

Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta’zir specified for such offence including

death.

] 26

 

Explanation: An act or offence is said-to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

 

Illustrations

 

  • A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in Section 161.

 

  • A instigates B to give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

 

  • A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty, of abetting that offence by conspiracy, and is liable to the punishment for murder.

 

  1. Punishment of abetment if person abetted does act with different intention from that of abettor:

Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with intention or knowledge of the abettor and with no other.

 

  1. Liability of abettor when one act abetted and different act done:

 

When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly, abetted it:

Provided the act done was a probable consequence of the abetment; and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

 

Illustrations

 

  • A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of.

 

  • A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.

 

  • A instigates B and C to break into an inhabited house at midnight for the purpose of robbery and provides them with arms for that purpose, B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment. A is liable to the punishment provided for murder.

 

 

 

  1. Abettor when liable to cumulative punishment for act abetted and for act done:

 

If the act for which the abetter is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

 

Illustration

A instigates B to resist by force a distress made by a public servant, B in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and: if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences.

 

  1. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor:

When an act is abetted with the intention on the part of the abettor of causing a particular effect and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

 

Illustration

A instigates B to cause grievous hurt to Z B, In consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.

 

  1. Abettor present when offence is committed:

 

Whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

 

  1. Abetment of offence punishable with death or imprisonment for life if offence not committed:

Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

If act causing harm And if any act for which the abettor is liable in consequence of the be done in abetment, and which cause hurt to any person, is done, the abettor consequence: shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

 

 

 

Illustration

 

A instigates B to murder. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or transportation for fife. Therefore A is labile to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.

  1. Abetment of offence punishable with imprisonment-if offence be not committed:

 

 

Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the. longest term provided for that offence; or with such fine as is provided for that offence; or with both.

 

If abettor or person abetted be a public servant whose duty it is to prevent offence:

And if the abettor or the person abetted is a public servant, whose duty it is, to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

 

Illustrations

 

  • A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.

 

  • A instigates B to give false evidence. Here, if B does hot give false evidence A has nevertheless committed the offence defined in this section, and is punishable accordingly.

 

  • A, police officer, whose duty it is. To prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment proved for that offence, and also to fine.

 

  • B abets the commission of a robbery by H, a police officer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

 

 

 

  1. Abetting commission of offence by the public or by more than ten persons:

 

Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

Illustration

A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

 

  1. Concealing design to commit offence punishable with death or imprisonment for life if offence be committed:

 

Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment of life, voluntarily conceals by any act or illegal omission, the existence of design to commit such offence or makes any representation which he knows to be false respecting such design, if offence be not committed, shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description for a term which may extend to three years; and in either case shall also be liable to fine.

 

Illustration

A, knowing that dacoity is about to be committed at B, falsely inform the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.

 

  1. Public servant concealing design to commit offence which it is his duty to prevent:

 

Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

 

if offence be         shall, if the offence be committed, be punished with imprisonment of

 

committed:            any description provided for the offence, for a term which may extend

 

to one half of the longest term of such imprisonment, or with such fine

 

as is provided for that offence, or with both;

 

if offence be         or if the offence be punishable with death or imprisonment for life

 

punishable with   with imprisonment of either description for a term which may extend

 

death, etc:            to ten years;

 

if offence be not   or, if the offence be not committed, shall be punished with

 

committed:            imprisonment of any description provided for the offence for a term

 

which may extend to one-fourth part of the longest term of such

imprisonment or with such fine as is provided for the offence, or with

 

both.

 

Illustration

 

A, an officer of police, being legally bound to give information of all design as to commit robbery, which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provisions of this section.

 

  1. Concealing design to commit offence punishable with imprisonment:

 

Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

 

if offence be           shall, if the offence be committed, be punished with imprisonment of

 

committed; if           the description provided for the offence, for a term which may extend

offence be not       to one-fourth, and, if the offence be not committed, to one-eighth, of

committed:              the longest term of such imprisonment, or with such fine as is

 

provided for the offence, or with both.

 

27[

CHAPTER V-A

 

CRIMINAL CONSPIRACY

 

120- Definition of criminal conspiracy:

 

  • When two or more persons agree to do, or cause to be done,

 

  • an illegal act, or

 

  • an act which is not illegal by illegal means such an agreement is designated a criminal conspiracy:

 

 

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

 

 

Explanation: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

 

120- Punishment of criminal conspiracy:

 

  • (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

 

  • Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

] 27

 

CHAPTER VI

 

OF OFFENCES AGAINST THE STATE

 

  1. Waging or attempting to wage war or abetting waging of war against Pakistan:

 

Whoever wages war against Pakistan, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

 

Illustration

A joins an insurrection against Pakistan. A has committed the offence defined in this section.

 

28[

 

121- Conspiracy to commit offences punishable by Section 121:

 

  • Whoever within or without Pakistan conspires to commit any of the offences punishable by Section 121, or to deprive Pakistan of the sovereignty of her territories or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the Federal Government or any Provincial Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.

 

Explanation: To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.

 

] 28

 

  1. Collecting arms, etc., with intention of waging war against Pakistan:

 

Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against Pakistan, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

 

  1. Concealing with intent to facilitate design to wage war:

 

Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against Pakistan, intending by such concealment to facilitate or knowing it to be likely that such concealment will facilitate the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

29[

 

123- Condemnation of the creation of the State, and advocacy of abolition of its

 

  • sovereignty:

 

  • Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety 2[or ideology] of Pakistan or to endanger the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation abuse Pakistan or, condemn the creation of Pakistan by virtue of the partition of India which was effected on the fifteenth day of August, 1947, or. advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighbouring States or otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine.

 

  • Notwithstanding anything contained in any other law for the time being in force, when any person is proceeded against under this section, it shall be lawful for any Court before which he may be produced in the course of the investigation or trial, to make such order as it may think fit in respect of his movements, of his association or communication with other persons, and of his activities in regard to dissemination of news, propagation of opinions, until such time as the case is finally decided.

 

  • Any Court which is a Court of appeal or of revision in relation to the Court mentioned in sub-section (2) may also make an order under that sub-section.

] 29 30[

 

123- Defiling or unauthorisedly removing the National Flag of Pakistan from Government

 

  • building, etc.:

Whoever deliberately defiles the National Flag of Pakistan, or unauthorisedly removes if from any building, premises, vehicle or other property of Government, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

] 30

 

  1. Assaulting President, Governor, etc., with intention to compel or restrain the exercise of any lawful power:

Whoever, with the intention of including or compelling the President of Pakistan, or the Governor of any Province, to exercise or refrain from exercise in any manner of the lawful powers of the President, or Governor, assaults, or wrongfully restrains, or attempts wrongfully to restrain or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, the President, or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

31[

 

124- Sedition:

 

  • Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Federal or Provincial Government established by law shall be punished with imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

 

Explanation 1: The expression “.disaffection includes disloyalty and all feelings of enmity.

 

Explanation 2: Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

 

Explanation 3: Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

 

] 31

 

  1. Waging war against any 32[] 32 Power in alliance with Pakistan:

Whoever wages war against the Government of any 33[] 33 Power in alliance or at peace with Pakistan or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.

  1. Committing depredation on territories of Power at peace with Pakistan:

 

Whoever commits depredation, or makes preparations to commit depredation, on the territories of any power, in alliance, at a peace with Pakistan, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.

 

  1. Receiving property taken by war or depredation mentioned in Sections 125 and 126:

 

Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and forfeiture of the property so received.

 

  1. Public servant voluntarily allowing prisoner of State or war to escape:

 

Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Public servant negligently suffering such prisoner to escape:

 

Whoever, being a public servant and having the custody of any State prisoner or prisoner of war negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

 

  1. Aiding escape of, rescuing or harbouring such prisoner:

 

Whoever, knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner; or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also he liable to fine.

 

 

Explanation: A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in Pakistan, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

 

CHAPTER VII

 

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

 

  1. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty:

 

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, or attempts to seduce any such officer, soldier, sailor, or airman from his allegiance of his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

34[Explanation: In this section, the words “officer”, “soldier”, “sailor” or “airman” include any person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Navy Ordinance, 1961 (XXXV of 1961), or the Pakistan Air Force Act. 1953 (VI of 1953), as the case may be.] 34

 

  1. Abetment of mutiny, if mutiny is committed in consequence thereof:

 

Whoever abets committing of mutiny by an officer, soldier, sailor or airman in the Army, Navy or Air Force of Pakistan, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office:

Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Abetment of such assault, if the assault is committed:

 

Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, on any superior officer being in the execution of his office,, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Abetment of desertion of soldier, sailor or airman:

 

Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Harbouring deserter:

 

Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment’ of either description for a term which may extend to two years, or with fine, or with both. Exception: This provision does not extend to the case in which the harbour is given by a wife to her husband.

 

  1. Deserter concealed on board merchant vessel through negligence of master:

 

The master or person incharge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of Pakistan is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding 35[one thousand five hundred rupees] 35, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

 

  1. Abetment of act of insubordination by soldier, sailor or airman:

 

Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

36[] 36

37[

 

 

 

  1. Persons subject to certain Acts:

 

No person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI of 1953), or the Pakistan Navy Ordinance. 1961 (XXXV of 1961), is subject to punishment under this Code for any of the offences defined in this Chapter.

 

] 37

 

  1. Wearing garb or carrying token used by soldier, sailor or airman:

 

Whoever, not being a soldier, sailor or airman in the Military, Navel or Air Service of Pakistan, wear, any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 38[one thousand five hundred rupees] 38, or with both.

 

 

CHPATER VIII

 

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

 

  1. Unlawful assembly:

 

An assembly of five or more persons is designated an “unlawful assembly” if the common object of the persons composing that assembly is:-

 

First:       To overawe by criminal force, or show of criminal force, the Federal or any Provincial Government or Legislature, or any public servant in the exercise of the lawful power of such public servant; or

 

Second: To resist the execution of any law, or of any legal process, or Third: To commit any mischief or criminal trespass, or other offence; or

 

Fourth:  By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

 

Fifth:      By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

 

 

Explanation: An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

 

 

  1. Being member of unlawful assembly:

 

Whoever being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of any unlawful assembly.

 

  1. Punishment:

 

Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

  1. Joining unlawful assembly armed with deadly weapon:

 

Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly/shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse:

Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Rioting:

 

Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

 

  1. Punishment for rioting:

 

Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Rioting, armed with deadly weapon:

 

Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Every member of unlawful assembly guilty of offence committed in prosecution of common object:

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

 

  1. Hiring, or conniving at hiring, of persons to join unlawful assembly:

 

Whoever hires or engages, or employs, or promotes, or connives at the hiring engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such Unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

 

  1. Knowingly joining or continuing in assembly of five or more persons after it has commanded to disperse:

Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months or with fine, or with both.

 

Explanation: If the assembly is an unlawful assembly within the meaning of Section 141, the offender will be punished under Section 145.

 

  1. .Assaulting to obstructing public servant when suppressing riot, etc.:

 

Whoever assaults or threatens to assault, or obstructs or attempts to obstruct a public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.

 

  1. Wantonly giving provocation with intent to cause riot

 

if rioting be Whoever malignantly, or wantonly, by doing anything which is illegal, committed; if lives provocation to any person intending or knowing it to be likely that not committed: such provocation will cause the offence of rioting be committed, shall,

 

if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence if rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

 

39[

 

153- Promoting enmity between different groups, etc.:

 

  1. Whoever

 

  • by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of both, residence. language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or

 

  • commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquillity; or
  • organizes, or incites any other person to organize, and exercise, movement, drill or other similar activity intending that the participants in any such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence or participates, or incites any other person to participate, in any such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained, to use criminal force or violence, against any religious, racial, language or regional group or caste of community or any group of persons identifiable as such on any ground whatsoever and any such activity for any reason whatsoever cause or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community. shall be punished with imprisonment for a term which may extend to five years and with fine.

Explanation: It does not amount to an offence within the meaning of this section to point but, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different religious, racial, language or regional groups or castes or communities.

 

153- Inducing students, etc., take part in political activity:

 

  • Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, induce or attempts to induce any student, or any class of students, or any institution interested in or connected with students, to take part in any political activity which disturbs or undermines, or is likely disturb or undermine, the public order shall be punished with imprisonment which may extend to two years or –with fine or with both.

 

] 39

 

  • Owner or occupier of land on which an unlawful assembly is held:

 

Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding 40[three thousand rupees] 40, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.

 

  • Liability of person for whose benefit riot is committed:

 

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived ‘any benefit there from, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

 

  • Liability of agent of owner or occupier for whose benefit riot is committed:

 

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which give rise to the riot, or who has accepted or derived any benefit there from, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed or that the Unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

 

  • Harbouring persons hired for an unlawful assembly:

 

 

Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

  1. Being hired to take part in an unlawful assembly or riot:

 

Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,

 

or to go and whoever, being so engaged or aforesaid, goes armed, or engages or offers to armed: go armed, with any deadly weapon or with anything which used as a weapon of

 

offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Affray:

 

When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.

 

  • Punishment for committing affray:

 

Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 41[three thousand rupees] 41, or with both.

 

CHAPTER IX

 

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

 

  • Public servant taking gratification other than legal remuneration in respect to an official act:

Whoever, being or expecting to be a public servant, accepts or obtains, agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Federal, or any Provincial Government or Legislature or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

 

Explanation:

 

“Expecting to be a If a person not expecting to be in office obtains a gratification by public servant”: deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.

 

“Gratification”:          The word “gratification” is not restricted to pecuniary

 

gratifications, or to gratifications estimable in money.

 

“Legal                         The words “legal remuneration” are not restricted to remuneration,

 

remuneration”:          which a public servant can lawfully demand, but include all

remuneration which he is permitted by the authority by which he is

employed, to accept.

 

“A motive or               A person who receives gratification as a motive for doing what he

 

reward for doing”:   does not intend to do, or as a reward for doing what he has done,

 

comes within these words.

 

42[ “Public In this section and in Sections 162, 63, 164, 165, 166, 167, 168, 169 and servant”: 409, ‘public servant’ includes an employee of any corporation or other

body or organisation set up, controlled or administered by, or under the authority of, the Federal Government.] 42

 

 

Illustrations

 

  • A, a munsif, obtains from Z, a banker, a situation in Z’s bank for A’s brother, as a reward to A for deciding a case in favour of Z. A has committed the offence defined in this section.

 

  • A, holding the office of Consul at the Court of a Foreign Power accepts a lakh of rupees from the Minister of that Power. It does not appear, that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that Power, with the Government of Pakistan. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official functions to that Power. A has committed the offence defined in this section.

 

  • A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section.

 

  1. Taking gratification, in order by corrupt or illegal means to influence public servant:

 

Whoever accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Federal or any Provincial Government or Legislature, or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Taking gratification, for exercise of personal influence with public servant:

 

Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Federal or any Provincial Government or Legislature, or with any public servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

Illustration

An advocate who receives a fee for arguing a case before a Judge; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the service and claims of the memorialist, a paid agent for a condemned criminal, who lays before the Government statements tending to show that the condemnation was unjust, are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.

 

  1. Punishment for abetment by public servant of offences defined in Section 162 or 163:

 

Whoever, being a public Servant, in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.

 

Illustration

A is a public servant. B, A’s wife receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine or with both. A is punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

 

  1. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant:

Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate. from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

Illustrations

 

  • A, a Collector, hires, a house of Z, who has a settlement case pending before, him. It is agreed that A shall pay fifty rupees a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred rupees a month. A has obtained a valuable thing from Z without adequate consideration.

 

  • A, a Judge, buys of Z, who has a case pending in A’s Court, Government promissorynotes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.

 

  • Z’s brother is apprehended and taken before A a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.

 

43[

 

165- Punishment for abetment of offences defined in Sections 161 and 165:

 

  • Whoever abets any offence punishable under Section 161 or Section 165 shall, whether the offence abetted is or is not committed in consequence of the abetment, be punished with the punishment provided for the offence.

 

] 43 44[

 

165- Certain abettors excepted:

 

  • A person shall be deemed not to abet an offence punishable under Section 161 or Section 165 if he is induced, compelled, coerced, or intimidated to offer or give any such gratification as is referred to in Section 161 for any of the purposes mentioned therein, or any valuable thing without consideration, or for an inadequate consideration, to any such public servant as is referred to in Section 165.

 

] 44

 

  1. Public servant disobeying law, with intent to cause injury to any person:

 

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

Illustration

A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

 

  1. Public servant framing an incorrect document with intent to cause injury:

 

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Public servant unlawfully engaging in trade:

 

Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

  1. Public servant unlawfully buying or bidding for property:

 

Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with other, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.

 

  1. Personating a public servant:

 

Whoever, pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description, for a term which may extend to two years, or with fine, or with both.

 

  1. Wearing garb or carrying token used by public servant with fraudulent intent:

 

Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description, for a term which may extend to three months, or which may extend to 45[six hundred rupees] 45, or with both.

 

46[

 

CHAPTER IX-A

 

OF OFFENCES RELATING TO ELECTIONS

 

171- “Candidate”, “Electoral right” defined: A For the purposes of this Chapter:

 

  • “candidate” means a person who has been nominated as a candidate at any election and includes a person who, when an election is in contemplation, holds himself out as a prospective candidate thereat: provided he is subsequently nominated as a candidate at such election;

 

  • “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.

 

171- Bribery:

  1. (1) Whoever–

 

  • gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or

 

  • accepts either for himself or for any other person any gratification as a reward for exercising any such right, or for inducing or attempting to induce any other person to exercise any such right, commit the offence of bribery;

 

Provided that a declaration of public policy or a promise of public action shall not be an offence under the section.

 

 

  • A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

 

  • A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

 

 

 

171- Undue influence at election:

 

  • (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

 

  • Without prejudice to the generality of the provisions of sub-section (1), whoever:-

 

  • threatens any candidate or voter, or” any person in whom a candidate or voter is interested, with injury of any kind, or
  • induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,

 

shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

 

(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

 

 

 

171- Personation at elections:

 

  1. Whoever at an election applies for a voting paper or votes in the nature of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.

 

171- Punishment for bribery:

 

  1. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term-which may extend to one year, or with fine or with both; Provided that bribery by treating shall be punished with fine only.

 

Explanation: ‘Treating’ means that form of bribery where the gratification consist in food, drink, entertainment, or provision.

 

 

171- Punishment for undue influence or personation at an election:

 

  1. Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

171- False statement in connection with an election:

 

  1. Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

 

171- Illegal payments in connection with an election:

 

  1. Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to 47[one thousand five hundred rupees] 47:

Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses where incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

 

171- Failure to keep election accounts:

 

  1. Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.

 

48[

 

171- Inducing any person not to participate in any election or referendum, etc.:

 

  1. Whoever by words, either spoken or written, or by visible representations, induces or directly or indirectly, persuades or instigates, any person not to participate in, or to boycott, any election or referendum, or not to exercise his right of vote thereat, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five lac rupees, or with both.

 

] 48] 46

 

 

 

CHAPTER X

 

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

 

  1. Absconding to avoid service of summons or other proceeding:

 

Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such -summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 49[one thousand five hundred rupees] 49, or with both; or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 50[three thousand rupees] 50, or with both.

 

  1. Preventing service of summons or other proceeding, or preventing publication thereof:

 

Whoever in any manner intentionally prevents the serving on himself, or on other person, of any summons, notice or order proceeding from any public servant legally competent as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 51[one thousand five hundred rupees] 51, or with both; or if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 52[three thousand rupees] 52, or with both.

 

  1. Non-attendance in obedience to an order from public servant:

 

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant to issue the same, intentionally omits to attend at that place or time, departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 53[one thousand five hundred rupees] 53, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 54[three thousand rupees] 54, or with both; or, if the proclamation be under Section 87 of the Code of Criminal Procedure, 1898, with imprisonment which may extend to three years, or with fine, or with both.

 

Illustrations

 

  • A, being legally bound to appear before the High Court of 55[Sind] 55 in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

 

  • A, being legally bound to appear before a Zila Judge as a witness in obedience to a summons issued by that Zila Judge, intentionally omits to appear. A has committed the offence defined in this section.

 

 

 

  • Omission to produce document to public servant by person legally bound to produce it:

Whoever being legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 56[one thousand five hundred rupees] 56, or with both; or, if the document is to be produced or delivered up to Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 57[three thousand rupees] 57, or with both.

 

Illustration

A, being legally bound to produce a document before a Zila Court, intentionally omits to produce the same. A has committed the offence defined in this section.

 

  1. Omission to give notice or information to public servant by person legally bound to give it:

Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 58[one thousand five hundred rupees] 58, or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both; or, if the notice or information required to be given is required by an order passed under sub-section (1) of Section 565 of the Code of Criminal Procedure, 1898 (V of 1898) with imprisonment, of either description for a term which may extend to six months, or with fine which may extend to 59[three thousand rupees] 59, or with both.

 

  1. Furnishing false information:

 

Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 60[three thousand rupees] 60, or with both; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Illustrations

 

  • A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.

 

  • A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z a wealthy merchant residing in a neighbouring place, and being bound, under Clause 5, Section VII, Regulation III, 1821, of the Bengal Code to give early and punctual information of the above fact to the officer, of the nearest police station, wilfully misinforms the police-officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distinct place in a different direction. Here A is guilty of the offence defined in the latter part of this section.

 

Explanation: In Section 176 and in this section the word “offence” includes any act committed at any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395; 396, 397, 398, 399, 402, 435, 436, 449, 450. 457, 458, 459 and 460; and the word “offender” includes any person who is alleged to have been guilty of any such act.

 

  1. Refusing oath or affirmation when duly required by public servant to make it:

 

Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment far a term which may extend to six months, or with fine which may extend to 61[three thousand rupees] 61, or with both.

 

  1. Refusing to answer public servant authorised to question:

 

Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal, powers of such public servant shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 62[three thousand rupees] 62 rupees, or with both.

 

  1. Refusing to sign statement:

 

Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 63[one thousand] 63, or with both.

 

  1. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation:

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. False information with intent to cause public servant to use his lawful power to the injury of another person:

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant :-

 

  • to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
  • to use the lawful power of such public servant to the injury or annoyance of any person,

 

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 64[three thousand rupees] 64, or with both.

 

Illustrations

 

  • A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

 

  • A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of premises, attended with annoyance to Z. A has committed the offence defined in this section.

 

  • A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of their information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

 

 

 

  1. Resistance to the taking of property by the lawful authority of a public servant:

 

Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 65[three thousand rupees] 65, or with both.

 

  1. Obstructing sale of property offered for sale by authority of public servant:

 

Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 66[one thousand five hundred rupees] 66 rupees, or with both.

 

  1. Illegal purchase or bid for property offered for sale by authority of public servant:

 

Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or “any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 67[six hundred rupees] 67 rupees, or with both.

 

  1. Obstructing public servant in discharge of public functions:

 

Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 68[one thousand five hundred rupees] 68, or with both.

  1. Omission to assist public servant when bound by law to give assistance:

 

Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 69[six hundred rupees] 69, or with both; and if such assistance, be demanded of him by public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 70[one thousand five hundred rupees] 70, or with both.

 

  1. Disobedience to order duly promulgated by public servant:

 

Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to 71[six hundred rupees] 71, or with both; and if such disobedience causes or tends to cause danger to human’ life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 72[three thousand rupees] 72, or with both. Explanation: It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce harm.

 

Illustration

 

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A, knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in the section.

  1. Threat of injury to public servant:

 

Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  1. Threat of injury to induce person to refrain from applying for protection to public servant:

Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CHAPTER XI

 

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

 

  1. Giving false evidence:

 

Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1: A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2: A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

 

Illustrations

 

  • A, in support of a just claim which B has against Z for one thousand rupees, falsely swear on a trial that he heard Z admit the justice of B’s claim- A has given false evidence.

 

  • A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

 

  • A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z. A in good faith believing it to be so. Here A’s statement is merely as to his believe, and is true as to his belief, and therefore although the signature may not be handwriting of Z, A has not given false evidence.

 

  • A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject, A gives false evidence whether Z was at that place on the day named or not.

 

  • A, an interpreter or translator, gives or certifies, as a true interpretation or translation of a statement, which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.

 

 

  • Fabricating false evidence:

 

Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence.

 

Illustrations

 

  • A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated.

 

  • A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.

 

  • A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search. A has fabricated false evidence.

 

 

  1. Punishment for false evidence:

 

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine; and whoever, intentionally gives or fabricates false evidence in any other case, shall, be punished with imprisonment of either description” for a term which may extend to three years, and shall also be liable to fine.

 

Explanation 1: A trial before a Court-martial is a judicial proceeding.

Explanation 2: An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. 73[] 73

Explanation 3: An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding/though that investigation may not take place before a Court of Justice.

 

Illustration

A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

 

 

  • Giving or fabricating false evidence with intent to procure conviction of capital offence:

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause any person to be convicted on an offence which is capital by any law for the time being in force, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; if innocent person be thereby convicted and executed : and if an innocent person be convicted and executed in consequence of such false evidence the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

 

  • Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or for a term of seven years or upwards:

 

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause any person to be convicted of an offence which by any law for the time being in force is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

 

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life or rigorous imprisonment for a term, which may extend to ten years, with or without fine. A, therefore, is liable to such imprisonment for life or imprisonment with or without fine.

 

  • Using evidence known to be false:

 

Whoever corruptly uses or attempts to use as true or genuine evidence, any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

 

  • Issuing or signing false certificate:

 

Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

 

  • Using as true a certificate known to be false:

 

Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

 

  • False statement made in declaration which is by law receivable as evidence:

 

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object-for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

 

  • Using as true such declaration knowing it to be false:

 

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

 

Explanation: A declaration, which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of Sections 199 and 200.

 

  • Causing disappearance of evidence of offence, or giving false information to screen offender:

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;

 

if a capital offence: shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

if punishable with and if the offence is punishable with imprisonment for life, or with imprisonment for imprisonment which may extend to ten years shall be punished life: with imprisonment of either description for a term which may

 

extend to three years, and shall also be liable to fine:

 

if punishable with and if the offence is punishable with imprisonment for any term less than ten years’ not extending to ten years, shall be punished with imprisonment of imprisonment: the description provided for the offence, for a term which may

 

extend to one-fourth part of the longer term of the imprisonment provided for the offence, or with fine, or with both.

 

Illustration

 

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening 6 from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

 

  • Intentional omission to give information of offence by person bound to inform:

 

Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which, he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

  • Giving false information respecting an offence committed:

 

Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Explanation: In Sections 201 and 202 in this section the word “offence” includes any act committed at any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, and 460.

 

  • Destruction of document to prevent its production as evidence:

 

Whoever Secrets or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court, or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

 

  • False personation for purpose of act or proceeding in suit or prosecution:

 

Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.

 

  • Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution:

Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  • Fraudulent claim to property to prevent its seizure as forfeited or in execution:

 

Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which’ may extend to two years, or with fine, or with both.

 

  • Fraudulently suffering decree for sum not due:

 

Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be’ punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Illustration

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him fraudulently suffers a judgment to pass against him for a larger amount at the Suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.

 

  • Dishonestly making false claim in Court:

 

Whoever fraudulently or dishonestly, or with intent to injure any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

 

  • Fraudulently obtaining decree for sum not due:

 

Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently, suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  • False charge of offence made with intent to injure:

 

Whoever with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed as offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both, and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  • Harbouring offender:

 

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment,

 

if a capital offence: shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine

if punishable with imprisonment for life, or with imprisonment:

and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both “Offence” in this section includes, any act committed at any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the following sections, namely 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399. 402, 435, 436, 449, 450, 457, 458, 459, and 460 and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Pakistan.

 

Exception: This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.

 

Illustration

 

A knowing that B has committed dacoity, knowingly conceals S in order to screen him legal punishment. Here, as S is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is liable to fine.

 

  • Taking gift, etc., to screen an offender from punishment:

 

Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

 

if a capital offence: shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment:and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for offence, or with fine, or with both.

 

  • Offering gift or restoration of property in consideration of screening offender:

 

Whoever gives or causes or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

 

if a capital offence: shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

if punishable with        and if the offence is punishable with imprisonment for life, or

 

imprisonment for life, with imprisonment which may extend to ten years, shall be or with imprisonment: punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to fen years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

 

Exception: The provisions of Sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.

74[] 74

 

  • Taking gift to help to recover property, etc.:

 

Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  • Harbouring offender who has escaped from custody or whose apprehension has been ordered:

Whenever any person convicted of, or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say;

 

if a capital offence: if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment:

 

if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one fourth part of the longest term of the imprisonment provided for such offence or with fine, or with both.”Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of Pakistan which, if he had been guilty of it in Pakistan would have been punishable as an offence, and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Pakistan, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Pakistan.

 

Exception: This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.

 

75[

 

216- Penalty for harbouring robbers or dacoits:

 

  • Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

Explanation: For the- purposes of this Section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without Pakistan. Exception: This provision does not extend to the case in which the harbour is by the husband or wife of the offender.

 

] 75 76[] 76

 

  • Public servant disobeying direction of law with intent to save persons from punishment or property from forfeiture:

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture:

Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record ‘or writing-in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.

 

  • Public servant in judicial proceeding corruptly making report, etc., contrary to law:

 

Whoever being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

  1. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law:

Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

  1. Intentional omission to apprehend on the part of public servant bound to apprehend:

 

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to. escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say–

 

with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for, an offence punishable with death; or

 

with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or

with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.

 

  • Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed:

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep to confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally, omits, to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows that is to say; with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended is

 

 

subject by a sentence, of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years or upwards; or

with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.

 

  1. Escape from confinement or custody negligently suffered by public servant:

 

Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such persons to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

  1. Resistance or obstruction by a person to his lawful apprehension:

 

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted; or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Explanation: The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

 

  1. Resistance or obstruction to lawful apprehension of another person:

 

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescue or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

 

or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

or, if the person to be apprehended or, rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

or, if the person to be apprehended or rescued or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for life or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

 

or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

 

77[

 

225- Omission to apprehend, or sufferance of escape, on part of public servant, in cases not

 

  • otherwise provided for:

Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person In any case not provided for in Section 221, Section 222 or Section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished:

  • if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine or with both; and
  • if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

225- Resistance or obstruction to lawful apprehension, or escape or rescue in cases not

 

  1. otherwise provided for:

Whoever, in any case not provided for in Section 224 or Section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

] 77 78[] 78

 

  1. Violation of condition of remission of punishment:

 

Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted/shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

 

  1. Intentional insult or interruption to public servant sitting in judicial proceeding:

 

Whoever intentionally offers any insult or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to 79[three thousand rupees] 79, or with both.

 

  1. Personation of a Juror or assessor:

 

Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

 

CHAPTER XII

 

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

 

  1. “Coin” defined:

 

Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.

 

“Pakistan coin”: Pakistan coin is metal stamped and issued by the authority of the Government of Pakistan in order to be used as money; and metal which has been so stamped and issued shall continue to be Pakistan coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.

 

Illustrations

 

  • Cowries are not coin.

 

  • Lumps of unstamped copper, though used as money, are not coin.

 

  • Medals are not coin, inasmuch as they are not intended to be used as money.

 

80[] 80

 

 

  1. Counterfeiting coin:

 

Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation: A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.

 

  1. Counterfeiting Pakistan coin:

 

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Pakistan coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Making or selling instrument for counterfeiting coin:

 

Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Making or selling instrument for counterfeiting Pakistan coin:

 

Whoever makes or mends, or performs any part of the process of making or mending or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting Pakistan coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Possession of instrument or material for the purpose of using the same for counterfeiting coin:

Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

 

if Pakistan and if the coin to be counterfeited is Pakistan coin, shall be punished with coin: imprisonment of either description for a term which may extend to ten years,

 

and shall also be liable to fine.

 

  1. Abetting in Pakistan the counterfeiting out of Pakistan of coin:

 

Whoever, being within Pakistan, abets the counterfeiting of coin out of Pakistan shall be punished in the same manner as if he abetted the counterfeiting of such coin within Pakistan. 237. Import or export of counterfeit coin: Whoever imports into Pakistan, or exports there from, any counterfeit coin, knowingly or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Import or export of counterfeits of Pakistan coin:

 

Whoever imports into Pakistan, or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a counterfeit of Pakistan coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Delivery of coin, possessed with knowledge that it is counterfeit:

 

Whoever, having any counterfeit coin, which at the time when he became possessed of it he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any. person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

  1. Delivery of Pakistan coin possessed with knowledge that it is counterfeit:

 

Whoever, having any counterfeit coin, which is a counterfeit of Pakistan coin, and which, at the time when he became possessed of it, he knew to be a counterfeit of Pakistan coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit:

Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit, as the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.

Illustration

 

A, a coiner, delivers counterfeit 81[] 81 rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit, C pays away the rupees for goods to D. who receives them, not knowing them to be counterfeit. D after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under Section 239 or 240, as the case may be.

 

  1. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof:

 

Whoever, fraudulently, or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed thereof:

Whoever, fraudulently or with intent that fraud may be committed, as in possession of counterfeit coin, which is a counterfeit of Pakistan coin, having known at the time when he became possessed of it that it was counterfeit, shall be Punished with imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine.

 

  1. Person employed in mint causing coin to be of different weight or composition from that fixed by law:

Whoever, being employed in any mint lawfully established in Pakistan, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Unlawfully taking coining instrument from mint:

 

Whoever, without lawful authority, takes out of any mint, lawfully established in Pakistan, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Fraudulently or dishonestly diminishing weight or altering composition of coin:

 

Whoever fraudulently or dishonestly performs on any coin any operation, which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term, which may extend to three years, and shall also be liable to fine.

 

Explanation: A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.

 

  1. Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin:

Whoever fraudulently or dishonestly performs on any Pakistan coin, any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Altering appearance of coin with intent that it shall pass as coin of different description:

Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Altering appearance of Pakistan coin with intent that it shall pass as coin of different description:

Whoever performs on any Pakistan coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Delivery of coin, possessed with knowledge that it is altered:

 

Whoever, having coin in his possession with respect to which the offence defined in Section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

  1. Delivery of Pakistan coin possessed with knowledge that it is altered:

 

Whoever, having coin in his possession with respect to which the offence defined in Section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Possession of coin by person who knew it to be altered when he became possessed thereof:

Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the Section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Possession of Pakistan coin by person who knew it to by altered when he became possessed thereof:

Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect of which the offence, defined in either of Section 247 or 249 has been committed having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

  1. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered:

 

Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which’ he knows that any such operation as that mentioned in Sections 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.

 

  1. Counterfeiting Government stamp:

 

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation: A person commits this offence who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination.

 

 

  1. Having possession of instrument or material for counterfeiting Government stamp:

 

Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Making or selling instrument for counterfeiting Government stamp:

 

Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

 

  1. Sale of counterfeit Government stamp:

 

Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Having possession of counterfeit Government stamp:

 

Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Using as genuine a Government stamp known to be counterfeit:

 

Whoever uses as genuine any stamp knowing it to be a counterfeit of any stamp issued by Government for purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

  1. Effacing writing from substance, Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government:

Whoever fraudulently or with intent to cause loss to the Government, removes or effaces from any substance bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to there years, or with fine, or with both.

 

  1. Using Government stamp known to have been before used:

 

Whoever fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Erasure of mark denoting that has been used:

 

Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.

 

82[

 

263- Prohibition of fictitious stamp:

  • (l) Whoever–

 

  • makes, knowingly alters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or

 

  • has in his possession, without lawful excuse, any fictitious stamp, or

 

  • makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to 83[six hundred rupees] 83.

 

  • An such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and shall be forfeited.

 

  • In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

 

  • In this section and also in Sections 255 to 263, both inclusive, the word “Government” when used in connection with, or in reference to, any stamp issued, for the purpose of denoting a rate of postage, shall, notwithstanding anything in Section 17, be deemed to include the person or persons authorised by law to administer executive Government in any part of Pakistan, and also in any foreign country.

 

] 82

 

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

 

  1. Fraudulent use of false instrument for weighing:

 

Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, or with both.

 

  1. Fraudulent use of false weight or measure:

 

Whoever fraudulently uses any false weight or false measure of length or Capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or with both.

  1. Being in possession of false weight or measure:

 

Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false and intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, Or with fine, or with both.

  1. Making or selling false weight or measure:

 

Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CHAPTER XIV

 

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

 

  • Public nuisance:

 

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

 

A common nuisance is not excused on the ground that it causes some convenience or advantage.

 

  • Negligent act likely to spread infection of disease dangerous to life:

 

Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

  1. Malignant act likely to spread infection of disease dangerous to life:

 

Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Disobedience to quarantine rule:

 

Whoever knowingly disobeys any rule made and promulgated by the Federal or any Provincial Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

  1. Adulteration of food or drink intended for sale:

 

Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, snail be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 84[three thousand rupees] 84, or with both.

 

  1. Sale of noxious food or drink:

 

Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or haying reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, of with fine which may extend to 85[three thousand rupees] 85, or with both.

 

  1. Adulteration of drugs:

 

Whoever adulterates any drug or medical preparation-in such a manner as to lessen the efficacy or change the operation of such drug) or medical preparation, or to make it noxious intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purposes, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to 86[three thousand rupees] 86, or with both.

 

  1. Sale of adulterated drugs:

 

Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the

 

same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 87[three thousand rupees] 87, or with both.

 

  • Sale of drug as a different drug or preparation:

 

Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 88[three thousand rupees] 88, or with both.

 

  • Fouling water of public spring or reservoir:

 

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 89[one thousand five hundred rupees] 89, or with both.

 

  • Making atmosphere noxious to health:

 

Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine, which may extend to 90[one thousand five hundred rupees] 90.

 

  • Rash driving or riding on a public way:

 

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to 91[two years] 91 or with fine which may extend to 92[three thousand rupees] 92, or with both.

 

 

  • Rash navigation of vessel:

 

Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 93[three thousand rupees] 93 or with both.

 

  • Exhibition of false light, mark or buoy:

 

Whoever exhibits any false light, mark or buoy intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

  • Conveying person by water for hire in unsafe or overloaded vessel:

 

Whoever knowingly or negligently conveys; or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the fife of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 94[three thousand rupees] 94, or with both.

 

  1. Danger or obstruction in public way or line of navigation:

 

Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to 95[six hundred rupees] 95.

 

  1. Negligent conduct with respect to poisonous substance:

 

Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, which may extend to 96[three thousand rupees] 96, or with both.

 

  1. Negligent conduct with respect to fire or combustible matter:

 

Whoever does, with tire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 97[three thousand rupees] 97, or with both.

 

  1. Negligent conduct with respect to explosive substance:

 

Whoever does, with any explosive substance any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 98[three thousand rupees] 98, or with both.

 

  1. Negligent conduct with respect to machinery:

 

Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 99[three thousand rupees] 99, or with both.

 

  • Negligent conduct with respect to pulling down or repairing buildings:

 

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 100[three thousand rupees] 100, or with both.

 

  • Negligent conduct with respect to animal:

 

Whoever, knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 101[three thousand rupees] 101, or with both.

 

  • Punishment for public nuisance in cases not otherwise provided for:

 

Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to 102[six hundred rupees] 102.

 

  • Continuance of nuisance after injunction to discontinue:

 

Whoever repeats or continues a public nuisance having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

 

  • Sale, etc., of obscene books, etc.:

 

Whoever:-

 

  • sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
  • imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or

 

  • takes part in or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of -the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
  • advertises or makes known by any means whatsoever that any person he engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or

 

  • offers or attempts to do any act which is an offence under this section,

 

shall be punished with imprisonment of either description for a term which may extend to three months, or with fine or with both.

 

Exception: This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

 

  1. Sale, etc., of obscene objects to young person:

 

Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

  1. Obscene acts and songs:

 

Whoever, to the annoyance of others, —

 

  • does any obscene act in any public place, or

 

  • sings, recites or utters any obscene songs, ballad or words, in or near any public place,

 

shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

 

103[

 

294- Keeping lottery office:

 

  1. Whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorized by the Provincial Government shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

 

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative

or applicable to the drawing of any ticket, lot, number or figure in any such lottery shall be punished with fine which may extend to 104[three thousand rupees] 104.

 

] 103 105[

 

294- Offering of prize in connection with trade, etc.:

 

  1. Whoever offers, or undertakes to offer, in connection with any trade or business or sale of any commodity, any prize, reward or other similar consideration, by whatever name called, whether in money or kind, against any coupon, ticket, number or figure, or by any other device, as an inducement or encouragement to trade or business or to the buying of any commodity, or for the purpose of advertisement or popularising any commodity, and whoever publishes any such offer, shall be punishable, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

] 105

 

CHAPTER XV

 

OF OFFENCES RELATING TO RELIGION

 

  1. Injuring or defiling place of worship, with Intent to insult the religion of any class:

 

Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction damage or defilement as an insult to their religion. shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

106[

 

295- Deliberate and malicious acts intended to outrage religious feelings of any class by

 

  1. insulting Its religion or religious beliefs:

Whoever, with deliberate and malicious intention of outraging the ‘religious feelings of any class of the citizens of Pakistan, by words, either spoken or written, or by visible representations insults the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

 

] 106 107[

 

295- Defiling, etc., of Holy Qur’an:

 

  1. Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur’an or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.

 

] 107 108[

 

295- Use of derogatory remarks, etc., in respect of the Holy Prophet:

 

  1. Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.

 

] 108

 

  1. Disturbing religious assembly:

 

Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

  1. Trespassing on burial places, etc.:

 

Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sculpture, or any place set apart for the performance of funeral rites or as a, depository for the remains of the dead, or offers any indignity to any human corpse or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

  1. Uttering words, etc., with deliberate intent to wound religious feelings:

 

Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.

 

109[

 

298- Use of derogatory remarks, etc., in respect of holy personages:

 

  1. Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

] 109 110[

 

298- Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or

 

  1. places:

 

  • Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name who by words, either spoken or written, or by visible representation-
    • refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as “Ameer-ul-Mumineen”, “Khalifatul-Mumineen”, Khalifa-tul-Muslimeen”, “Sahaabi” or “Razi Allah Anho”;

 

  • refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as “Ummul-Mumineen”;

 

  • refers to, or addresses, any person, other than a member of the family “Ahle-bait” of the Holy Prophet Muhammad (peace be upon him), as “Ahle-bait”; or

 

  • refers to, or names, or calls, his place of worship a “Masjid”;

 

shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  • Any person of the Qaudiani group or Lahori group (who call themselves “Ahmadis” or by any other name) who by words, either spoken or written, or by visible representation refers to the mode or form of call to prayers followed by his faith as “Azan”, or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

 

 

298- Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating

 

  1. his faith:

Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), who directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

 

] 110 111[

 

CHAPTER XVI

 

OF OFFENCES AFFECTING THE HUMAN BODY

 

 

Of Offences Affecting Life

 

  1. Definitions:

 

In this Chapter, unless there is anything repugnant in the subject or context:

 

  • “adult” means a person who has attained the age of eighteen years;

 

  • “arsh” means the compensation specified in this Chapter to be paid to the victim or his heirs under this Chapter;
  • “authorised medical officer” means a medical officer or a Medical board, howsoever designated, authorised by the Provincial Government;
  • “daman” means the compensation determined by the Court to be paid by the offender to the victim for causing hurt not liable to arsh;
  • “diyat” means the compensation specified in Section 323 payable to the heirs of the victim;
  • “Government” means the Provincial Government;

 

  • “ikrah-e-tam” means putting any person, his spouse or any of his blood relations within

the prohibited degree of marriage in fear of instant death or instant, permanent impairing of any organ of the body or instant fear of being subjected to sodomy or ziha-bil-jabr;

 

  • “ikrah-e-naqis” means any form of duress which does not amount to ikrah-i-tam;

 

  • “minor” means a person who is not an adult;

 

112[(ii) “offence committed in the name or on the pretext of honour” means an offence committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices;] 112

 

  • “qatl” means causing death of a person;

 

  • “qisas” means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl-iamd in exercise Of the right of the victim or a Wali;

 

  • “ta’zir” means purushment other than qisas, diyat, arsh , or daman; and

 

  • “wali” means a person entitled to claim qisas.

 

 

  1. Qatl-e-Amd:

 

Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.

 

  1. Causing death of person other than the person whose death was intended:

 

Where a person, by doing anything which he intends or knows to be likely to cause death, causes death of any person whose death he neither intends nor knows himself to be likely to cause, such an act committed by the offender shall be liable for qatl-i-amd.

 

  1. Punishment of qatl-i-amd:

 

Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be:

 

  • punished with death as qisas;

 

  • punished with death or imprisonment for life as ta’zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available; or

 

  • punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the injunctions of Islam the punishment of qisas

is not applicable 113[:] 113

114[

 

Provided that nothing in this clause shall apply to the offence of qatl-i-amd if committed in the name or on the pretext of honour and the same shall fall within the ambit of (a) and (b), as the case may be.

] 114

 

  1. Qatl committed under ikrah-i-tam or ikrah-i-naqis:Whoever commits qatl:

 

  • under Ikrah-i-tam shall be punished with imprisonment for a term which may extend to twenty-five years but shall not be less than ten years and the person causing ‘ikrah-i-tam’ shall be punished for the kind of Qatl committed as a consequence of ikrah-i-tam; or

 

  • under ‘ikrah-i-naqis’ shall be punished for the kind of Qatl committed by him and the person, causing ‘ikrah-i-naqis, shall be punished with imprisonment for a term which may extend to ten years.

 

  1. Proof of qatl-i-amd liable to qisas, etc.:

 

  • Proof of qatl-i-amd shall be in any of the following forms, namely: –

 

  • the accused makes before a Court competent to try the offence a voluntary and true confession of the commission of the offence; or
  • by the evidence as provided in Article 17 of the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984).

 

  • The provisions of sub-section (1) shall, mutatis, mutandis, apply to a hurt liable to qisas.

 

 

  1. Wali:

 

In case of qatl, the wali shall be–

 

  • the heirs of the victim, according to his personal law 115[but shall not include the accused or the convict in case of qatl-i-amd if committed in the name or on the pretext of honour] 115; and

 

  • the Government, if there is no heir.

 

 

  1. Qatl-e-amd not liable to qisas:

 

Qatl-i-Amd shall not be liable to qisas in the following cases, namely:–

 

  • when an offender is a minor or insane:

 

Provided that, where a person liable to qisas associates himself in the commission of the offence with a person not liable to qisas, with the intention of saving himself from qisas, he shall not be exempted from qisas;

 

  • when an offender causes death of his child or grand-child, how low-so-ever; and

 

  • when any wali of the victim is a direct descendant, how low-so-ever, of the offender.

 

 

  1. Cases in which Qisas for qatl-i-amd shall not be enforced:

 

  • Qisas for qatl-i-amd shall not be enforced in the following cases, namely:–

 

  • when the offender dies before the enforcement of qisas;

 

  • when any wali voluntarily and without duress, to the satisfaction of the Court,

 

waives the right of qisas under Section 309 or compounds under Section 310 and

 

  • when the right of qisas devolves on the offender as a result of the death of the wali of the victim, or on, the person who has no right of qisas against the offender.

 

  • To satisfy itself that the wali has waived the right of qisas under Section 309 or compounded the right of qisas under Section 310 voluntarily and without duress the Court shall take down the statement of the wali and such other persons as it may deem necessary on oath and record an opinion that it is satisfied that the Waiver or, as the case may be, the composition, was voluntary and not the result of any duress.

 

 

Illustrations

 

  • A kills Z, the maternal uncle of his son B. Z has no other wali except D the wife of A. D has the right of qisas from A but if D dies, the right of qisas shall devolve on her son B who is also the son of the offender A. B cannot claim qisas against his father. Therefore, the qisas cannot be enforced.

 

  • B kills Z, the brother of their husband A. Z has no heir except A. Here A can claim qisas from his wife B. But if A dies, the right of qisas shall devolve on his son D who is also son of B, the qisas cannot be enforced against B.

 

 

 

  1. Punishment in qatl-i-amd not liable to qisas, etc.:

 

  • Where an offender guilty of qatl-i-amd is not liable to qisas under Section 306 or the gisas is not enforceable under clause (c) of Section 307, he shall be liable to diyat: Provided that, where the offender is minor or insane, diyat shall be payable either from his property or, by such person as may be determined by the Court:

 

Provided further that where at the time of committing qatl-i-amd the offender being a minor, had attained sufficient maturity of being insane, had a lucid interval, so as to be able to realize the consequences of his act, he may also be punished with imprisonment of either description for a term which may extend to 116[twenty-five years] 116 as ta’zir. Provided further that, where the qisas is not enforceable under clause (c) of Section 307, the offender shall be liable to diyat only if there is any wali other than offender and if there is no wali other than the offender, he shall be punished with imprisonment of either description for a term which may extend to 117[twenty-five years] 117 years as ta’zir.

 

 

  • Notwithstanding anything contained in sub-section (i), the Court, having regard to the facts and circumstances of the case in addition to the punishment of diyat, may punish the offender with imprisonment of either description for a term which may extend to 118[twenty-five years] 118 years, as ta’zir.

 

  • Waiver (Afw) of qisas in qatl-i-amd:

 

  • In the case of qatl-i-amd, an adult sane wali may, at any time and without any compensation, waive his right of qisas:

 

Provided that the right of qisas shall not be waived;

 

  • where the Government is the wali, or

 

  • where the right of qisas vests in a minor or insane.

 

 

  • Where a victim has more than one Wali any one of them may waive his right of qisas: Provided that the wali who does not waive the right of qisas shall be entitled to his share of diyat.

 

  • Where there are more than one victim, the waiver of the right of qisas by the wali of one victim shall not affect the right of qisas of the wali of the other victim.

 

  • Where there are more than one offenders, the waiver of the right of qisas against one offender shall not affect the right of qisas against the other offender.

 

 

 

  • Compounding of qisas (Sulh) in qatl-i-amd:

 

  • In the case of qatl-i-amd, an adult sane wali may, at any time on accepting badl-i-sulh,

 

compound his right of qisas:

119[

Provided that a female shall not be given in marriage or otherwise in badal-i-sulh.

] 119

 

  • Where a wali is a minor or an insane, the wali of such minor or insane wali may compound the right of qisas on behalf of such minor or insane wali:

 

Provided that the value of badf-i-sufh shall not be less than the value of diyat.

 

  • Where the Government is the wali, it may compound the right of qisas: Provided that fee value of badi-i-sulh shall not be less than the value of diyat.

 

  • Where the badl-i-sulh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shari’ah, the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat.

 

  • Badl-i-sulh may be paid or given on demand or on a deferred date as may be agreed upon between the offender and the wali.

 

Explanation: In this section, Badl-i-sulh means the mutually agreed compensation

 

 

according to Shari’ah to be paid or given by the offender to a wali in cash or in kind or in the form of movable or immovable property.

 

120[

 

310A. Punishment for giving a female in marriage or otherwise in badal-i-sulh:

 

Whoever gives a female in marriage or otherwise in badal-i-sulh shall be punished with rigorous imprisonment which may extend to ten years but shall not be less than three years.

 

] 120

 

  1. Ta’zir after waiver or compounding of right of qisas in qatl-i-amd:

 

Notwithstanding anything contained in Section 309 or Section 310, where all the wali do not waive or compound the right of qisas, or 121[if] 121 the principle of fasad-fil-arz the Court may, 122[] 122 having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with 123[death or imprisonment for life or] 123 imprisonment of either description for a term of which may

extend to fourteen years as ta’zir 124[:] 124

125[

 

Provided that if the offence has been committed in the name or on the pretext of honour,

the imprisonment shall not be less than ten years.

] 125

 

Explanation: For the purpose of this section, the expression fasad-fil-arz shall include the past conduct of the offender, or whether he has any previous convictions, or the brutal or shocking manner in which the offence has been committed which is outrageous to the

 

public conscience, or if the offender is considered a potential danger to the community 126[, or if the offence has been committed in the name or on the pretext of honour] 126.

 

  1. Qatl-i-amd after waiver or compounding of qisas:

 

Where a wali commits qatl-iamd of a convict against whom the right of qisas has been waived under Section 309 or compounded under Section 310, such wali shall be punished with-

 

  • qisas, if he had himself, waived or compounded the right of qisas against the convict or had knowledge of such waiver of-composition by another wali, or

 

  • diyat, if he had no knowledge of such waiver or composition.

 

 

  1. Right of qisas in qatl-i-amd:

 

  1. Where there is only one wali, he alone has the right of qisas in qatl-i-amd but, if there are more than one, the right of qisas vests in each of them.

 

  1. If the victim-

 

  • has no wali, the Government shall have the right of qisas; or

 

  • has no wali other than a minor or insane or one of the wali is a minor or insane, the father or if he is not alive the paternal grandfather of such wali shall have the right of qisas on his behalf:

 

Provided that, if the minor or insane wali has no father or paternal grandfather, how high-so-ever, alive and no guardian has been appointed by the Court, the Government shall have the right of qisas on his behalf.

 

 

 

  1. Execution of qisas in qatl-i-amd:

 

  • Qisas in Qatll-i-amd shall be executed by a functionary of the Government by causing death of the convict as the Court may direct.

 

  • Qisas shall not be executed until all the wali are present at the time of execution, either personally or through their representatives authorised by them in writing in this behalf: Provided that where a wali or his representative fails to present himself on the date, time and place of execution of qisas after having been informed of the date, time and place as certified by the Court, an officer authorised by the Court shall give permission for the execution of qisas and the Government shall cause execution of qisas in the absence of such wali.

 

  • If the convict is a woman who is pregnant, the Court may, in consultation with an authorised medical officer, postpone the execution of qisas up to a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court, or, if she is not so released she shall, be dealt with as if sentenced to simple imprisonment.

 

 

 

  1. Qatl shibh-i-amd:

 

Whoever, with intent to cause harm to the body or mind of any person, causes the death of that or of any other person by means of a weapon or an act which in the ordinary course of nature is not likely to cause death is said to commit qatl shibh-i-amd.

 

Illustration

A in order to cause hurt strikes Z with a stick or stone which in the ordinary course of nature is not likely to cause death. Z dies as a result of such hurt. A shall be guilty of Qatl shibh-i-amd.

 

  1. Punishment for Qatl shibh-i-amd:

 

Whoever commits qatl shibh-i-amd shall be liable to diyat and may also be punished with imprisonment of either description for a term which may extend to 127[twenty-five

 

years] 127 years as ta’zir.

 

  1. Person committing qatl debarred from succession:

 

Where a person committing qatl-i-amd or Qatl shibh-i-amd is an heir or a beneficiary

 

under a will, he shall be debarred from succeeding to the estate of the victim as an heir or a beneficiary.

 

  1. Qatl-i-khata:

 

Whoever, without any intention to cause death of, or cause harm to, a person causes death of such person, either by mistake of act or by mistake of fact, is said to commit qatl-i-khata.

 

Illustrations

 

  • A aims at a deer but misses the target and kills Z who is standing by, A is guilty of qatl-i-khata.

 

  • A shoots at an object to be a boar but it turns out to be a human being. A is guilty of qatl-i-khata.

 

 

 

  1. Punishment for qatl-i-khata:

 

Whoever commits qatl-i-khata shall be liable to diyat:

Provided that, where qatl-i-khata is committed by a rash or negligent act, other than rash or negligent driving, the offender may, in addition to diyat, also be punished with imprisonment of either description for a term which may extend to five years as ta’zir.

 

  1. Punishment for qatl-i-khata by rash or negligent driving:

 

Whoever commits qatl-ikhata by rash or negligent driving shall, having regard to the facts and circumstances the case, in addition to diyat, be punished with imprisonment of either description for a term which may extend to ten years.

 

  1. Qatl-bis-sabab:

 

Whoever, without any intention, cause death of, or cause harm to, any person, does any unlawful act which becomes a cause for the death of another person, is said to commit qatl-bis-sabab.

 

Illustration

A unlawfully digs a pit in the thoroughfare, but without any intention to cause death of, or harm to, any person, B while passing from there falls in it and is killed. A has committed qatl-bis-sabab.

 

  1. Punishment for qatl-bis-sabab:

 

Whoever commit qatl bis-sabab shall be liable to diyat.

 

  1. Value of diyat:

 

  • The Court shall, subject to the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty

 

thousand six hundred and thirty grams of silver.

 

  • For the purpose of sub-section (1), the Federal Government shall, by notification in the official Gazette, declare the value of Silver, on the first day of July each year or on such date as it may deem fit, which shall be the value payable during a financial year.

 

 

  • Attempt to commit qatl-i-amd:

 

Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of qatl-i-amd, shall be punished with imprisonment for either description for a term which may extend to ten years 128[but shall not be less than five years if the offence has been committed in the name or on the pretext of honour] 128, and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment provided for the hurt caused:

 

 

Provided that where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years.

 

  • Attempt to commit suicide:

 

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

  • Thug:

 

Whoever shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with Qatl, is a thug.

 

  • Punishment:

 

Whoever is a thug, shall be punished with imprisonment for life and shall also be liable to fine.

 

  • Exposure and abandonment of child under twelve years by parent or person having care of it:

Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment’ of either description for- a term which may extend to seven years, or with fine, or with both.

 

 

Explanation: This section is not intended to prevent the trial of the offender for qatl-i-amd or qatl-i-shibh-i-amd or qatl-bis-sabab, as the case may be, if the child dies in consequence of the exposure.

 

  • Concealment of birth by secret disposal of dead body:

 

Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Disbursement of diyat:

 

The diyat shall be disbursed among the heirs of the victim according to their respective shares in inheritance: Provided that, where an heir foregoes his share, the diyat shall not be recovered to the extent of his share.

 

  1. Payment of Diyat:

 

  • The diyat may be made payable in lumpsum or in instalments spread over a period of three years from the date of the final judgment.

 

  • Where a convict fails to pay diyat or any part thereof within the period specified in subsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until the diyat is paid full or may be released on bail If he furnishes security equivalent to the amount of diyat to the satisfaction of the Court.

 

  • Where a convict dies before the payment of diyat or any part thereof, it shall be recovered from his estate.

 

 

 

  • Hurt:

 

  • Whoever causes pain, harm, disease, infianity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt.

 

  • The following are the kinds of hurt:

 

  • Itlaf-i-udw

 

  • Itlaf-i-salahiyyat-i-udw

 

  • shajjah

 

  • jurh and

 

  • all kinds of other hurts.

 

  1. Itlaf-i-udw:

 

Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf-i-udw.

 

  1. Punishment for Itlaf-udw:

 

Whoever by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person causes Itlaf-i-udw of any person, shall, in consultation with the authorised medical officer, be punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as ta’zir.

 

  1. Itlaf-i-salahiyyat-i-udw:

 

Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause itlaf-i-salahiyyat-i-udw.

 

  1. Punishment for itlaf-i-salahiyyat-i-udw:

 

Whoever, by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes itlaf-i-salahiyyat-i-udw of any person, shall, in consultation with the authorised medical officer, be punished with qisas and if the qisas is not executable, keeping in view the principles of equality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as taz’ir.

 

  1. Shajjah:

 

  • Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf-i-udw or itlaf-i-salahiyyat-i-udw, is said to cause shajjah.

 

  • The following are the kinds of shajjah namely:-

 

  • Shajjah-i-Khafifah

 

  • Shajjah-i-mudihah

 

  • Shajjah-i-hashimah

 

  • Shajjah-i-munaqqilah

 

  • Shaijah-i-ammah and

 

  • Shajjah-i-damighah

 

 

  • Whoever causes shajjah:-

 

  • without exposing bone of the victim, is said to cause shajjah-i-khafifah;

 

  • by exposing any bone of the victim without causing fracture, is said to cause shajjah-imudihah;
  • by fracturing the bone of the victim, without dislocating it, is said to cause shajjah-ihashimah;

 

  • by causing fracture of the bone of the victim and thereby the bone is dislocated, is said to cause shajfah-i-munaqqilah;
  • by causing fracture of the skull of the victim so that the wound touches the membrane of the brain, is said to cause shajjah-i-ammah;

 

  • by causing fracture of the skull of the victim and the wound ruptures the membrane of the brain is said to cause shajjah-i-damighah.

 

 

 

337- Punishment of shajjah:

 

  1. Whoever, by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, causes-
    • shajjah-i-khafifah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to two years as ta’zir,

 

  • shajjah-i-mudihah to any person, shall, in consultation with the authorised medical officer, be punished with qisas, and if the, qisas is not executable keeping in view the principles of equality, in accordance with the Injunctions of Islam, the convict shall be liable to arsh which shall be five percent of the diyat and may also be punished with imprisonment of either description for a term which may extend to five years as ta’zir,

 

  • shajjah-i-hashimah to any person, shall be liable to arsh which shall be ten per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta’zir,

 

  • shajiah-i-munaqqilah to any person, shall be liable to arsh which shall be fifteen per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta ‘zir,

 

  • shajjah-i-ammah to any person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta’zir, and

 

  • shajjah-i-damighah to any person shall be liable to arsh which shall be one-half of diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta’zir.

 

337- Jurh:

 

  1. (1) Whoever causes on any part of the body of a person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.

 

  • Jurh is of two kinds, namely:-

 

  • Jaifah ; and

 

  • Ghayr-jaifah.

 

337- Jaifah:

 

  1. Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah.

 

337- Punishment for jaifah:

 

  1. Whoever by doing any act with the intention of causing hurt to a person or with the knowledge that he is likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta’zir.

 

337- Ghayr-jaifah:

  • (1) Whoever causes jurh which does not amount to jaifah, is said to cause ghayr-jaifah.

 

  • The following are the kinds of ghayr-faifah, namely:-

 

  • damihah

 

  • badi’ah

 

  • mutalahimah

 

  • mudihah

 

  • hashimah; and

 

  • munaqqilah

 

 

  • Whoever causes ghayr-jaifah—

 

  • in which the skin is ruptured and bleeding occurs, is said to cause damiyah;

 

  • by cutting or incising the flesh without exposing the bone, is said to cause badi’ah;
  • by lacerating the flesh, is said to cause mutalahimah;

 

  • by exposing the bone, is said to cause mudihah;

 

  • by causing fracture of a bone without dislocating it, is said to cause hashimah; and
  • by fracturing and dislocating the bone, is said to cause munaqqilah.

 

 

 

 

337- Punishment of ghayr-jaifah:

 

  • Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes:-

 

  • damihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year as ta’zir;
  • badi’ah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta’zir;
  • mutafahimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta’zir;

 

  • mudihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta’zir;
  • hashimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta’zir, and

 

  • munaqqilah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven years as ta’zir.

 

337- Punishment for hurt by rash or negligent driving:

 

  1. Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to five years as ta’zir.

 

337- Punishment for hurt by rash or negligent act:

 

  1. (1) Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment of either description for a term which may extend to three years as ta’zir.

 

  • Whoever does any act so rashly or negligently as to endanger human life or the personal safety of other, shall be punished with imprisonment of either-description for a term which may extend to three months, or with fine, or with both.

 

 

337- Punishment for causing hurt by mistake (khata):

 

  1. Whoever causes hurt by mistake (khata) shall be liable to arsh or daman specified for the kind of hurt caused.

 

337- Causing hurt by mean of a poison:

 

  1. Whoever administers to or causes to be taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt may, in addition to the punishment of arsh or daman provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years.

 

337- Causing hurt to extort confession, or to compel restoration of property:

 

  1. Whoever causes hurt for the purpose of extorting from the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of any offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore, or to cause the restoration of, any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property, or valuable security shall, in addition to the punishment of qisas, arsh or daman, as the case may be, provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment of either description for a term which may extend to ten years as ta’zir.

 

337- Punishment for other hurt:

 

  1. (1) Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with imprisonment of either description for a term which may extend to seven years.

 

  • Whoever causes hurt not covered by sub-section (1) shall be punished with imprisonment of either description for a term which may extend to two years, or with daman, or with both.

 

 

 

337- Hurt not liable to qisas:

 

  • Hurt shall not be liable to qisas in the following cases, namely:-

 

  • when the offender is a minor or insane:

 

Provided that he shall be liable to arsh and also to ta’zir to be determined by the Court having regard to the age of offender, circumstances of the case and the nature of hurt caused;

 

  • when an offender at the instance of the victim causes hurt to him:

 

Provided that the offender may be liable to ta’zir provided for the kind of hurt caused by him;

 

  • when the offender has caused itlaf-i-udw of a physically imperfect organ of the victim and the convict does not suffer from similar physical imperfection of such organ: Provided that the offender shall be liable to arsh and may also be liable to ta’zir provided for the kind of hurt caused by him; and

 

  • when the organ of the offender liable to qisas is missing:

 

Provided that the offender shall be liable to arsh and may also be liable to ta’zir provided for the kind of hurt caused by him.

 

Illustrations

 

(i)   A amputates the right ear of Z, the half of which was already missing. If A’s right ear is perfect, he shall be liable to arsh and not qisas.

 

  • If in (he above illustration, Z’s ear is physically perfect but without power of hearing, A shall be liable to qlsas because the defect in Z’s ear is not physical.

 

  • If in illustration (i) Z’s ear is pierced, A shall be liable to qisas because such minor defect is not physical imperfection.

 

 

 

337- Cases in which qisas for hurt shall not be enforced:

  1. (1) The qisas for a hurt shall not be enforced in the following cases, namely:-

 

  • when the offender dies before execution of qisas;

 

  • when the organ of the offender liable to qisas is lost before the execution of qisas: Provided that offender shall be liable to arsh, and may also be liable to ta’zir provided for the kind of hurt caused by him;

 

  • when the victim waives the qisas or compounds the offence with badl-i-sufh; or

 

  • when the right of qisas devolves on the person who cannot claim qisas against the offender under this Chapter:

 

Provided that the offender shall be liable to arsh, if there is any wali other than the offender, and if there is no wali other than the offender he shall be liable to ta’zir provided for the kind of hurt caused by him.

 

 

  • Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may, having regard to the kind of hurt caused by him, in addition to payment of arsh, award ta’zir to an offender who is a previous convict, habitual or hardened, desperate or dangerous criminal 129[or the offence has been committed by him in the name or on

the pretext of honour] 129. 130[:] 130

131[

 

Provided that the ta’zir shall not be less than one-third of the maximum imprisonment provided for the hurt caused if the offender is a previous convict, habitual, hardened, desperate or dangerous criminal or if the offence has been committed by him in the

name or on the pretext of honour.

] 131

 

 

337- Wali in case of hurt:

 

  1. In the case of hurt: The wali shall be-

 

  • the victim:

 

Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his father or paternal grandfather, how high-so-ever;

 

  • the heirs of the victim, if the later dies before the execution of qisas; and

 

(c) the Government, in the absence of the victim or the heirs of the victim.

 

 

337- Execution of qisas for hurt:

 

  1. (1) Qisas shall be executed in public by an authorised medical officer who shall before such execution examine the offender and take due care so as to ensure that the execution of qisas does not cause the death of the offender or exceed the hurt caused by him to the victim.

 

  • The wali shall be present at the time of execution and if the wali or his representative is not present, after having been informed of the date, time and place by the Court an officer authorised by the Court in this behalf shall give permission for the execution of qisas.

 

  • If the convict is a woman who is pregnant, the Court may, in consultation with an authorised medical officer, postpone the execution of qisas upto a period of two years after the birth of the child and during this period she may be released on bail on furnishing of security to the satisfaction of the Court or, if she is not so released, shall be dealt with as if sentenced to simple’ imprisonment.

 

 

 

337- Arsh for single organs:

 

  1. The arsh for causing itlaf of an organ which is found singly in a human body shall be equivalent to the value of diyat.

 

Explanation: Nose and tongue are included in the organs which are found singly in a human body.

 

337- Arsh for organs in pairs:

 

  1. The arsh for causing itlaf of organs found in a human body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount of arsh shall be one-half of the diyat:

 

Provided that, where the victim has only one such organ or his other organ is missing or has already become incapacitated the arsh for causing itlaf of the existing or capable organ shall be equal to the value of diyat.

Explanation: Hands, feet, eyes, lips and breasts are included in the organs which are found in a human body in pairs.

 

 

337- Arsh for the organs in quadruplicate:

 

  1. The arsh for causing itlaf of organs found in a human body in a set of four shall be equal to-

 

  • one-fourth of the diyat, if the itlaf is one of such organs;

 

  • one-half of the diyat, if the itlaf is of two of such organs;

 

  • three-fourth of the diyat, if the itlaf is of three such organs; and

 

(d) full diyat, if the itlaf is of all the four organs.

 

Explanation: Eyelids are organs which are found in a human body in a set of four.

 

 

337- Arsh for fingers:

  • (1) The arsh for causing itlaf of a finger of a hand or foot shall be one-tenth of the diyat.

 

  • The arsh for causing itlaf of a joint of a finger shall be one-thirteenth of the diyat: Provided that where the itlaf is of a joint of a thumb, the arsh shall be one-twentieth of the diyat.

 

 

 

337- Arsh for teeth:

 

  1. (1) The arsh for causing itlaf of a tooth, other than a milk tooth, shall be one-twentieth of the diyat.

 

Explanation: The impairment of the portion of a tooth outside the gum amounts to causing itlaf of a tooth.

 

  • The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat.

 

 

  • Where the itlaf is of a milk tooth, the accused shall be liable to daman and may, also be punished with imprisonment of either description for a term which may extend to one year:

 

Provided that, where itlaf of a milk tooth impedes the growth of. a new tooth, the accused shall be liable to arsh specified in sub-section (1).

 

 

 

337- Arsh for hair:

  1. (1) Whoever uproots:-

 

  • all the hair of the head, beard, moustaches eyebrow, eyelashes or any other part of the body shall be liable to arsh equal to diyat and may also be punished with imprisonment of either description for a term which may extend to three years as ta’zir;

 

  • one eyebrow shall be liable to arsh equal to one- half of the diyat; and

 

  • one eyelash, shall be liable to arsh equal to one fourth of the diyat.

 

 

  • Where the hair of any part of the body of the victim are forcibly removed by any process not covered under sub section (1), the accused shall be liable to daman and imprisonment of either description which may extend to one year.

 

337- Merger of arsh:

 

  1. (1) Where an accused more than one hurt, he shall be liable to arsh specified for each hurt separately:

 

Provided that, where:-

 

  • hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such organ and not for arsh for causing hurt to any part of such organ; and
  • the wounds join together and form a single wound, the accused shall be liable to arsh for one wound.

 

Illustrations

 

  • A amputates Z’s fingers of the right hand and then at the same time amputates that hand from the joint of his writs. There is separate arsh for hand and for fingers. A shall, however, be liable to arsh specified for hand only.

 

  • A twice stabs Z on his thigh. Both the wounds are so close to each other that they form into one wound. A shall be liable to arsh for one wound only.

 

 

 

  1. Where, after causing hurt to a person, the offender causes death of such person by committing qatl liable to diyat, arsh shall merge into such diyat.

 

Provided that the death is caused before the healing of the wound caused by such hurt.

 

 

 

337- Payment of arsh:

 

  1. (1) The arsh may be made payable in a lump sum or in instalments spread over a period of three years from the date of the final judgment.

 

  • Where a convict fails to pay arsh or any part thereof within the period specified in subsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until arsh is paid in full may be released on bail if he furnishes security equal to amount of arsh to the satisfaction of the Court.

 

  • Where a convict dies before the payment of arsh any part thereof, it shall be recovered from his estate.

 

 

 

337- Value of daman:

  1. (1) The value of daman may be determined by the Court keeping in view:-

 

  • the expenses incurred on the treatment of victim;

 

  • loss or disability caused in the functioning or power of any organ; and

 

  • the compensation for the anguish suffered by the victim.

 

 

  • In case of non-payment of daman, it shall be recovered from the convict and until daman is paid in full to the extent of his liability, the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment or may be released on bail if he furnishes security equal to the amount of daman to the satisfaction of the Court.

 

 

 

337- Disbursement of arsh or daman:

 

  1. The arsh or daman shall be payable to the victim or, if the victim dies, to his heirs according to their respective shares in inheritance.

 

  1. Isqat-i-Hamal:

 

Whoever causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal. Explanation: A woman who causes herself to miscarry is within the meaning of this section.

 

338- Punishment for Isqat-i-haml:

 

  1. Whoever cause isqat-i-haml shall be liable to punishment as ta’zir-

 

  • with imprisonment of either description for a term which may extend to three years, if isqat-i-haml is caused with the consent of the woman; or
  • with imprisonment of either description for a term which may extend to ten years, if isqat-i-haml is caused without the consent of the woman:

 

Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.

 

 

338- Isqat-i-janin:

 

  1. Whoever causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause Isqat-i-janin.

 

Explanation: A woman who causes herself to miscarry is within the meaning of this section.

 

338- Punishment for Isqat-i-janin:

 

  1. Whoever causes isqat-i-ianin shall be liable to:-

 

  • one-twentieth of the diyat if the child is born dead;

 

  • full diyat if the child is born alive but dies as a result of any act of the offender; and

 

  • imprisonment of either description for a term which may extend to seven years as ta’zir:

 

Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate diyat or ta’zir, as the case may be/for every such child:

 

Provided further that if, as a result of isqat-i-fanin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be.

 

 

338- Confirmation of sentence of death by way of qisas or tazir, etc.:

 

  1. A sentence of death awarded by way of qisas or ta’zir, or a sentence of qisas awarded for causing hurt, shall not be executed, unless it is confirmed by the High Court.

 

338- Waiver or compounding of offences:

 

  1. (1) Subject to the provisions of this Chapter and Section 345 of the Code of. Criminal Procedure, 1898 (V of 1898), all offences under this Chapter may be waived or compounded and the provisions of Sections 309 and 310 shall, mutatis mutandis, apply to the waiver or compounding of such offences:

 

Provided that, where an offence has been waived or compounded, the Court may, in

 

its discretion having regard to the facts and circumstances of the case, acquit or award ta’zir to the offender according to the nature of the offence. 132[:] 132

133[

Provided further that where an offence under this Chapter has been committed in the name or on the pretext of honour, such offence may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties

having regard to the facts and circumstances of the case.

] 133

 

 

  • All questions relating to waiver or compounding of an offence or awarding of punishment under Section 310, whether before or after the passing of any sentence, shall be determined by trial Court:

 

Provided that where the sentence of qisas or any other sentence is waived or compounded during the pendency of an appeal, such questions may be determined by the trial Court.

 

 

 

338- Interpretation:

 

  1. In the interpretation and application of the provisions of this Chapter, and in respect of matter ancillary or akin thereto, the Court shall be guided by the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah.

 

338- Rules:

 

  1. The Government may, in consultation with the Council of Islamic ideology, by notification

 

in the official Gazette, make such rules as it may consider necessary for carrying out the purposes of this Chapter.

 

338- Saving:

 

  1. Nothing in this Chapter, except Sections 309. 310 and 338-E. shall apply to cases pending before any Court immediately before the commencement of the Criminal Law (Second Amendment) Ordinance, 1990 (VII of 1990), or to the offences committed before such commencement.

 

] 111

 

 

CHAPTER XVI-A

 

OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT

 

  1. Wrongful restraint:

 

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

 

Exception: The obstruction of a private way over land or water, which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

 

Illustration

 

A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path, Z is thereby prevented from passing. A wrongfully restrains Z.

 

  1. Wrongful confinement:

 

Whoever wrongfully restrains any person in such a manner as 10 prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

 

Illustrations

 

  • A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.

 

  • A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

 

 

 

  1. Punishment for wrongful restraint:

 

Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term, which may extend to one month, or with fine, which may extend to 134[one thousand five hundred rupees] 134 or with both.

 

  1. Punishment for wrongful confinement:

 

Whoever wrongfully confines any person, shall be punished with imprisonment of either description for, a term, which may extend to one year, or with fine which may extend to 135[three thousand rupees] 135 or with both.

 

  1. Wrongful confinement for three or more days:

 

Whoever wrongfully confines any person, for three days or more, shall be punished with imprisonment of either description for a term, which may extend to two years, or with fine, or with both.

 

  1. Wrongful confinement for ten or more days:

 

Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term, which may extend to three years, and shall also be liable to fine.

 

  1. Wrongful confinement of person for whose liberation writ has been issued:

 

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.

 

  1. Wrongful confinement in secret:

 

Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person of public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.

 

  1. Wrongful confinement to extort property or constrain to illegal act:

 

Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Wrongful confinement to extort confession or compel restoration of property:

 

Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

 

 

Of Criminal Force and Assault

 

  1. Force:

 

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling: provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described:

 

First:          By his own bodily power.

 

Secondly: By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person.

 

Thirdly:     By inducing any animal to move, to change its motion, or to cease to move.

 

 

  1. Criminal force:

 

Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause or knowing it to be likely that by the use of such force he wilt cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

 

Illustrations

 

  • Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person’s part. A has, therefore, intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence or intending or knowing it to be likely that this use of force will cause injury, for or annoyance to Z, A has used criminal force to Z.

 

  • Z is riding in a chariot, A lashes Z’s horses, and thereby cause them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has, therefore, used force to Z. and if ,A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z. A has used criminal force to Z.

 

 

  • Z is riding in a palanquin. A, intending to rob Z. seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has, therefore, used force to Z and as A has acted thus intentionally without Z’s consent in order to the commission of an offence A has used criminal force to Z.

 

  • A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore, intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z. he has used criminal force to Z.

 

  • A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z. or with Z’s clothes, or with something carried by Z or that it will strike water, and dash up the water against Z’s clothes, or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z. or, Z’s clothes. A has used force to Z; and if he did so without Z’s consent intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.

 

  • A intentionally pulls up a woman’s veil. Here A intentionally uses force to her and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her he has used criminal force to her.

 

  • Z is bathing. A pours into the bath water which he knows to be boiling. .Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling. A has, therefore, intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z. A has used criminal force.

 

  • A incites a dog to spring upon Z. without Z’s consent. Here, if A intends lo cause injury, fear or annoyance to Z, he uses criminal force to Z.

 

  1. Assault:

 

Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will-cause any person present to apprehend that he who makes that gesture or preparation it about to use .of criminal force to that person, is said to commit an assault.

 

Explanation: Mere words do not amount to an assault, But the words which a person uses may give to his gesture or preparation such a meaning as may make those gestures or preparations amount to an assault.

 

 

Illustrations

 

  • A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z, A has committed an assault.

 

  • A begins to unloose the muzzle of a forcing dog intending, or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

 

  • A takes up a stick, saying to Z, “I will give you a beating.” Here, though the words used by A could in no case amount to an assault, and though the mere gesture accompanied by any other circumstances might not amount to an assault, the gesture explained by the words may amount to an assault.

 

 

 

  1. Punishment for assault or criminal force otherwise than on grave provocation:

 

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that, person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 136[one thousand five hundred rupees] 136, or with both.

 

Explanation: Grave and sudden provocation will not mitigate the punishment for the offence under this section, if the provocation is sought or voluntarily provoked by the offender as ah excuse for the offence, or if the provocation is given by anything done in obedience to the law or by, a public servant, in the lawful exercise of the powers such public servant, or if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

 

  1. Assault or criminal force to deter public servant from discharge of his duty:

 

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.

 

  1. Assault or criminal force to woman with intent to outrage her modesty:

 

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

 

137[

 

354- Assault or use of criminal force to woman and stripping her of her clothes:

 

  1. Whoever assaults or uses criminal force to any woman and strips her of her clothes and in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine.

 

] 137

 

  1. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation:

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Assault or criminal force in attempt to commit theft of property carried by a person:

 

Whoever assaults or uses criminal force to any person in attempting to commit theft on any property which that person is then wearing or carrying shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Assault or criminal force in attempting wrongfully to confine person:

 

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to 138[three thousand rupees] 138, or with both.

 

  1. Assault or criminal force on grave provocation:

 

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to 139[six hundred rupees] 139, or with both.

 

Explanation: The last section is subject to the same explanation as Section 352.

 

 

 

Of Kidnapping, Abduction, Slavery and Forced Labour

 

  1. Kidnapping:

 

Kidnapping is of two kinds: Kidnapping from Pakistan and kidnapping from lawful guardianship.

 

  1. Kidnapping from Pakistan, etc.:

 

Whoever conveys any person beyond the limits of Pakistan without the consent of that person, or of some person legally authorised to consent on behalf of that person is said to kidnap that person from Pakistan.

 

  1. Kidnapping from lawful guardianship:

 

Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, said to kidnap such minor or person from lawful guardianship.

 

Explanation: The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.

Exception: This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

 

 

  1. Abduction:

 

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

 

  1. Punishment for kidnapping:

 

Whoever kidnaps any person from Pakistan or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Kidnapping or abducting in order to murder:

 

Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.

 

Illustrations

 

  • A kidnaps Z from Pakistan, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

 

  • A forcibly carries or entices 5 away from his home in order that B may be murdered. A has committed the offence defined in this section.

 

 

364- Kidnapping or abducting a person under the 140[age of fourteen] 140:

  1. Whoever kidnaps or abducts any person under the 141[age of fourteen] 141 in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall be punished with death or with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than seven years.

 

  1. Kidnapping or abducting with intent secretly and wrongfully to confine person:

 

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

142[

 

365- Kidnapping or abducting for extorting property, valuable security, etc.:

 

  1. Whoever kidnaps or abducts any person for the purpose of extorting from the person kidnapped or abducted, or from any person interested in the person kidnapped or abducted any property, whether movable or immovable, or valuable security, or to compel any person to comply with any other demand, whether in cash or otherwise, for obtaining release of the person kidnapped or abducted, shall be punished with death or imprisonment for life and shall also be liable to forfeiture of property.

 

]142

143[

 

365B. Kidnapping, abducting or inducing woman to compel for marriage etc.-

 

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also he liable to fine; and whoever by means of criminal intimidation as defined in this Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.

 

143 144[] 144 145[

 

366- Procuration of minor girl:

 

  1. Whoever by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

 

] 145

146[

 

366- Importation of girl from foreign country:

 

  1. Whoever imports into Pakistan from any country outside Pakistan any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

 

] 146

 

  1. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery or knowing it to be likely that such person will be so subjected or disposed of shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

147[

 

367- Kidnapping or abducting in order to subject person to unnatural lust:

 

  1. Whoever kidnaps, or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine.

 

] 147

 

  • Wrongfully concealing or keeping in confinement, kidnapped or abducted person:

 

Whoever knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person shall be punished in the same manner as if he had kidnapped or abducted Such person with the same intention or knowledge, or for the same purposes as that with or for which he conceals or detains such person in confinement.

 

  • Kidnapping or abducting child under ten years with intent to steal from its person:

 

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  • Buying or disposing of any person as a slave:

 

Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  • Habitual dealing in slaves:

 

Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, shall also be liable to fine.

 

148[

 

“371A. Selling person for purposes of prostitution, etc.

 

Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to

 

be likely that such person shall at any time be employed or used for any such, purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.

Explanations:- (a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

 

(b) For the purposes of this section and section 371B, “illicit intercourse” means sexual intercourse between persons not united by marriage.

 

 

371B.   Buying person for purposes of prostitution, etc

 

Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.

 

Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.”.

 

] 148 149[] 149

 

  1. Unlawful compulsory labour:

 

  • Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to 150[five years] 150 or with fine, or with both.

 

  • Whoever compels a prisoner of war or a protected person to serve in the armed forces

 

of Pakistan shall be punished with imprisonment of either description for a term which may extend to one year.

 

Explanation: In this section the expression “prisoner of war” and “protected person” shall have the same meanings as have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, ratified by Pakistan on the second June, 1951.

 

Of Rape

151[] 151

152[

 

  1. Rape:-

 

A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions,

 

  • against her will.

 

  • without her consent

 

  • with her consent, when the consent has been obtained by putting her in fear of death or of hurt,

 

  • with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or

 

  • With or without her consent when she is under sixteen years of age.

 

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

 

 

  1. Punishment for rape

 

  • Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten rears or more, than twenty-five years and shall also be liable to fine.

 

  • When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for life.”.

 

] 152

 

  1. Unnatural offences:

 

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine.

 

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

 

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

 

 

Of Theft

 

  1. Theft:

 

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

 

Explanation 1: A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is served from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

 

Explanation 3: A person is said to cause a thing to move by removing an obstacle, which prevented it from moving, or by separating it from any other thing, as well as by actually moving it.

 

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

 

Explanation 5: The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.

 

Illustrations

 

  • A cuts down a tree on Z’s ground with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, the has committed theft.

 

  • A puts a bait for dogs in his pockets, and thus induces Z’s dog to follow it. Here if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent A has committed theft as soon as Z’s dog has begun to follow A.

 

  • A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.

 

  • A being Z’s servant and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft.

 

  • Z, going on a journey, entrusts his plate to A the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in 2’s possession. It could not, therefore, be taken out of Z’s possession, and A has not committed theft though he may have committed criminal breach of trust.

 

  • A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring in Z’s possession, and if A dishonestly removes it. A commits theft.

 

  • A finds a ring lying on the high-road, not in the possession of any person. A. by taking it, commits no theft, though he may commit criminal misappropriation of property,

 

  • A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection A hides the ring in a place where it is highly improbable that it will ever be found by Z. with the intention of taking the ring from the hiding place and soiling it when the toss is forgotten Here A. at the time of first moving the ring, commits the theft.

 

  • A delivers his watch to Z, a jeweller to be regulated. Z carries it to his shop. A, not owing to the jeweller, any debt for which the jewellers might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Y’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly.

 

  • If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as security for his debt. he commits theft, inasmuch as he takes it dishonestly.

 

  • Again, if A. having pawned his. watch to Z, takes it of Z’s possession without Z’s consent not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly.

 

  • A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration Here A takes dishonestly: A has. therefore, committed theft.

 

  • A being on friendly terms with Z, goes to Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it. and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

 

  • A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression. A has not committed theft.

 

  • A is the paramour of Z’s wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.

 

  • A, in good faith believing property belonging to Z to be A’s own property, takes that property out of S’s possession. Here, as A does not take dishonestly, he does not commit theft.

 

 

  1. Punishment for theft:

 

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Theft in dwelling house, etc.:

 

Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Theft by clerk or servant or property in possession of master:

 

Whoever being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or-employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

153[

 

381- Theft of a car or other motor vehicles:

 

  1. Whoever commits theft of a car or any other motor vehicle, including motor-cycle, scooter and Tractor shall be punished with imprisonment of either description for a term which may extend to seven years and with fine not exceeding the value of the stolen car or motor vehicle.

 

154[Explanation: Theft of an electric motor of a tube-well or transformer shall be within

 

the meaning of this section.] 154

 

] 153

 

  1. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft:

Whoever, commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property’ taken by such theft, shall be punished with rigorous imprisonment for a term, which may extend to ten years, and shall also be liable to fine.

 

Illustrations

 

(a) A commits theft on property in Z’s possession, and, while committing this theft, he has

 

a loaded pistol under his garment having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.

 

  • A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z. if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.

 

 

 

Of Extortion

 

  1. Extortion:

 

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”.

 

Illustrations

 

  • A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.

 

  • A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory-note binding Z, to pay certain money to A. Z signs and delivers the note. A has committed extortion.

 

  • A threatens to send club-men to plough up Z’s field unless A will sign and deliver to 6 a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.

 

  • A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.

 

 

  1. Punishment for extortion:

 

Whoever, commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Putting person in fear of injury in order to commit extortion:

 

Whoever, in order to the committing of extortion, puts any, person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Extortion by putting a person in fear of death or grievous hurt:

 

Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person to any other, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

 

  1. Putting person in fear of death or of grievous hurt, in order to commit extortion:

 

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any Other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.:

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

 

  1. Putting person in fear of accusation of offence, in order to commit extortion:

 

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, commit an offence punishable with death or with imprisonment for life, or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

 

 

 

Of Robbery and Dacoity

 

  1. Robbery:

 

In all robbery there is either theft or extortion.

 

When theft Theft is “robbery” if, in order to the committing of the theft, or in

 

is robbery: committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offence, for that end, voluntarily causes or attempts to cause to any person death or hurt, or wrongful restraint, or fear of instant death or of instant hurt or of instant wrongful restraint.

 

When Extortion is “robbery” if the offender, at the time of committing the extortion is extortion, is in the presence of the person put in fear, and commits the robbery: extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

 

Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

 

 

 

Illustrations

 

  • A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

 

  • A meets Z on the high road, shows a pistol, and demands Z’s purse. 2, in consequence, surrender his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt and being at the time of committing the extortion in his presence.” A has therefore committed robbery.

 

  • A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has, therefore, committed robbery on Z.

 

  • A obtains property from Z by saying Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.

 

  1. Dacoity:

 

When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding is said to commit “dacoity”.

 

  1. Punishment for robbery:

 

Whoever commits robbery shall be punished with rigorous imprisonment for a term which 155[shall not be less than three years nor more than] 155 ten years, and shall also be liable to

 

fine; and, if the robbery be committed on the highway 156[] 156 the imprisonment may be extended to fourteen years.

 

  1. Attempt to commit robbery:

 

Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term, which may extend to seven years, and shall be liable to fine.

 

  1. Voluntarily causing hurt in committing robbery:

 

If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term 157[which shall not be less than four years nor more than] 157 ten years, and shall also be liable to fine.

 

  1. Punishment for dacoity:

 

Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which shall not be less than four years nor more than ten years and shall also be liable to fine.

 

  1. Dacoity with murder:

 

If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, everyone of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which 158[shall not be less than four years nor more than] 158 ten years, and shall also be liable to fine.

 

  1. Robbery or dacoity, with attempt to cause death or grievous hurt:

 

If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person or attempts to cause death or grievous hurt to any person the imprisonment with which such offender shall be punished shall not be less than seven years.

 

  1. Attempt to commit robbery or dacoity when armed with deadly weapon:

 

If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

 

  1. Making preparation to commit dacoity:

 

Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Punishment for belonging to gang of dacoits:

 

Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Punishment for belonging to gang of thieves:

 

Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Assembling for purpose of committing dacoity:

 

Whoever, at any time after the passing of this Act shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

159[

 

Of Hijacking

 

402- Hijacking:

 

  1. Whoever unlawful, by the use or show of force or by threats of any kind, seizes, or exercised control of, an aircraft is said to commit hijacking.

 

402- Punishment for Hijacking:

 

  1. Whoever commits, or conspires or attempts’ to commit, or abets the commission of, hijacking shall be punished with death or imprisonment for life, and shall also be liable to forfeiture of property and fine.

 

402- Punishment for harbouring hijacking, etc.:

 

  1. Whoever knowingly harbours any person whom he knows or has reason to be a person who is about to commit or has committed or abetted an offence of hijacking, or knowingly permits any such persons to meet or assemble in any place or premises in his possession or under his control, shall be punished with death or imprisonment for life, and shall also be liable to fine.

 

] 159

 

Of Criminal Misappropriation of Property

 

  1. Dishonest misappropriation of property:

 

Whoever dishonestly misappropriates or converts to his own use any ‘ movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Illustrations

 

  • A takes property belonging to Z out of Z’s possession in good faith, believing, at the time when he takes it, that the property belongs to himself, A is not guilty of theft; but if A, after discovering his mistakes, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

 

  • A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent- Mere, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
  • A and B, being joint owners of a horse. A takes the horse out of B’s possession, Intending to use it. Here as A has a right to use the horse he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.

 

Explanation 1 : A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.

 

Illustration

A finds a Government promissory-note belonging to Z, bearing a blank endorsement. A knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.

 

Explanation 2 : A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.

 

What are reasonable means or what is a reasonable time in such a case, is a question of fact.

 

It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it, is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believes that the real owner cannot be found.

 

 

Illustrations

 

  • A finds a rupee on the high-road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section.

 

  • A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.

 

  • A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appear, A knows that this person can direct him to the person on whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.

 

  • A sees Z drop his purse with money In it, A picks up the purse with the intention of restoring it to Z, but afterwards appropriates It to his own use, A has committed an offence under this section.

 

 

 

  1. Dishonest misappropriation of property possessed by deceased person at the time of his death:

Whoever dishonestly misappropriates or converts to his own use properly, knowing that such property was in the possession of a deceased person at the time of that person decease, and has not since been in the possession of any persons legally entitled to such possession, shad be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

 

Illustration

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

Of Criminal Breach of Trust

 

  1. Criminal breach of trust:

 

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property, in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do,

 

commits “criminal breach of trust.

Illustrations

 

  • A, being executor to the wilt of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.

 

  • A is a warehouse-keeper, Z going on a journey entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has committed criminal breach of trust.

 

  • A, residing in Dacca, is agent for Z, residing at Lahore. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust.

 

  • But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage, to hold shares in the Bank of Bengal disobeys Z’s directions

 

and buys shares in the Bank of Bengal for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

 

  • A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

 

  • A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.

 

 

  1. Punishment for criminal breach of trust:

 

Whoever, commits criminal breach of trust snail be punished with imprisonment of either description for a term which may extend to 160[seven] 160 years, or with fine, or with both.

 

  1. Criminal breach of trust by carrier, etc.:

 

Whoever, being entrusted with property as a carrier, wharfinger or warehouse-Keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Criminal breach of trust by clerk or servant:

 

Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Criminal breach of trust by public servant, or by banker, merchant or agent:

 

Whoever being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

 

Of Receiving of Stolen Property

 

  1. Stolen property:

 

Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as stolen, property, “whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without Pakistan. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof it then ceases to be stolen property.

 

  1. Dishonestly receiving stolen property:

 

Whoever dishonestly receives or retains, any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Dishonestly receiving stolen property in the commission of a dacoity:

 

Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Habitually dealing in stolen property:

 

Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Assisting in concealment of stolen property:

 

Whoever voluntarily assists in concealing or disposing of or making away with-property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

 

 

Of Cheating

 

  1. Cheating:

 

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person 161[or any other person] 161 in body, mind, reputation or property, is said to “cheat”.

 

Explanation: A dishonest concealment of facts is a deception within the meaning of this section.

 

Illustrations

 

  • A, by falsely pretending to be in the Civil Service, intentionally deceives Z and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay, A cheats.

 

  • A, by putting a counterfeit mark on an article, intentionally deceives Z, into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

 

  • A, by exhibiting to Z a false sample of an article, Intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.

 

  • A, by tendering in payment for an article a bill w a house with which A keeps no money and by which A expects that the bill will be dishonoured, intentionally deceives Z and thereby dishonestly induces Z to deliver the article, intending not to pay for ft. A cheats.

 

  • A, by pledging as diamonds articles which ft knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money, A cheats.

 

  • A, intentionally deceives Z, into a belief that A means to repay any money that 2 may lend to him and thereby dishonestly induces Z to lend him money; A not intending to repay it. A cheats.

 

  • A, intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

 

  • A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed and thereby dishonestly induces Z to pay money. A cheats.

 

(f} A sells and conveys an estate to S. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z. without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.

 

 

 

  1. Cheating by personation:

 

A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

 

Explanation: The offence is committed whether the individual personated is a real or imaginary person.

 

Illustrations

 

  • A cheats by pretending to be a certain rich banker of the same name, A cheats by personation.

 

  • A cheats by pretending to be 8, a person who is deceased. A cheats by personation.

 

 

 

  1. Punishment for cheating:

 

Whoever cheats shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, or with both.

 

  1. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect:

Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by legal contract, to protect shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Punishment for cheating by personation:

 

Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

  1. Cheating and dishonestly Inducing delivery of property:

 

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment, of either description for a term which may extend to seven years, and shall also be liable to fine.

 

 

 

Of Fraudulent Deeds and Dispossession of Property

 

  1. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors:

Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other .person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.

  1. Dishonestly or fraudulently preventing debt being available for creditors:

 

Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debt or the debts of such other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration:

Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge of any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Dishonest or fraudulent removal or concealment of property:

 

Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

 

 

Of Mischief

 

  1. Mischief:

 

Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

 

Explanation 1: It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

 

Explanation 2: Mischief may be committed by an act effecting property belonging to the person who commits the act, or to that person and others jointly.

 

Illustrations

 

  • A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.

 

  • A introduces water into an ice-house, belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
    • .A, voluntarily throws into a river a ring belonging to Z with the intention of thereby causing wrongful loss to Z. A has committed mischief.

 

  • A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

 

  • A having insured a ship, voluntarily causes the same to be cast away with the intention of causing damage to the underwriters. A has committed mischief.

 

  • A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent money on bottom on the ship. A has committed mischief.

 

  • A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

 

  • A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.

 

  1. Punishment for mischief:

 

Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

 

  1. Mischief causing damage to the amount of fifty rupees:

 

Whoever commit mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Mischief by killing or maiming animal of the value of ten rupees:

 

Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  1. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees:

Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with both.

  1. Mischief by injury to works of irrigation or by wrongfully diverting water:

 

Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

 

  1. Mischief by injury to public road, bridge, river or channel:

 

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

 

  1. Mischief by causing inundation or obstruction to public drainage attended with damage:

Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

 

  1. Mischief by destroying, moving or rendering less useful a light-house or seamark:

 

Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid jess useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

  1. Mischief by destroying or moving, etc., a landmark fixed by public authority:

 

Whoever commits mischief by destroying or moving any landmark fixed by the authority of a public servant, or by any act which renders such landmark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with-both.

 

  1. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred rupees or (in case of agricultural produce) ten rupees:

Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause damage to any property to the amount of one hundred rupees or upwards 162[or (where the property is agricultural produce) ten rupees or upwards] 162 shall be punished with imprisonment of either description for a term which 163[shall not be less than two years nor more than] 163 seven years, and shall also be liable to fine.

  1. Mischief by fire or explosive substance with intent to destroy house, etc.:

 

Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he with thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property shall be punished with imprisonment for life, or with imprisonment of either description for a term which 164[shall not be less than three years nor more than] 164 ten years, and shall also be liable to fine.

 

  1. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden:

Whoever commits mischief, to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing ft to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Punishment for the mischief described in Section 437 committed by fire or explosive substance:

Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc,:

Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to’ dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Mischief committed after preparation made for causing death or hurt:

 

Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

 

Of Criminal Trespass

 

  1. Criminal trespass:

 

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

  1. House-trespass:

 

Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.

 

Explanation: The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house trespass.

 

  1. Lurking house-trespass:

 

Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.

 

  1. Lurking house-trespass by night:

 

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit ‘lurking house-trespass by night”.

 

  1. House-breaking:

 

A person is said to commit “house-breaking” who commits housetrespass if he effects his entrance into the house or-any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:

 

First:          If he enters or quits through a passage made by himself, or by any abettor of the

 

house-trespass, in order to the committing of the house-trespass.

 

Secondly: If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

 

Thirdly:     If he enters or quits through any passage which he or any abettor of the housetrespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be-opened.

 

Fourthly:  If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly:      if he effects his entrance or departure by using criminal force of committing an assault, or by threatening any person with assault.

Sixthly:     If he enters or quits any passage which he knows to have been fastened against such entrance or departure, and to. have been fastened by himself or by an abettor of the house-trespass.

 

Explanation: Any out-house or building occupied with a house, and between, which and. such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations

 

  • A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house breaking.

 

  • A commits house-trespass by creeping into a ship at a port hole between decks. This is house-breaking.

 

  • A commits house-trespass by entering Z’s house through a window. This is house-breaking.

 

  • A commits house-trespass by entering Z’s house through the door, having opened a door, which was fastened. This is house-breaking.

 

  • A commits house-trespass by entering Z’s house through the door having lifted a latch by putting a wire through a hole in the door. This is house-breaking.

 

  • A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.

 

  • Z is standing in his doorway. A forces a passage by knowing Z down, and commits house-trespass by entering the house. This is house-breaking.

 

  • Z, the door-keeper of Y is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

 

 

 

  1. House-breaking by night:

 

Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night.”

 

  1. Punishment for criminal trespass:

 

Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 165[one thousand five hundred rupees] 165, or with both.

 

  1. Punishment for house-trespass:

 

Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to 166[three thousand rupees] 166, or with both.

  1. House-trespass in order to commit offence punishable with death:

 

Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

 

  1. House-trespass In order to commit offence punishable with imprisonment for life:

 

Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

 

  1. House-trespass in order to commit offence punishable with imprisonment:

 

Whoever commits house trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

 

  1. House-trespass after preparation for hurt, assault or wrongful restraint:

 

Whoever commits house-trespass having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Punishment for lurking house-trespass or house-breaking:

 

Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

 

  1. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment:

Whoever commits lurking house-trespass or housebreaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.

 

  1. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint:

Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Punishment for lurking house-trespass or house-breaking by night:

 

Whoever commits lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment:

Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

 

  1. Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint:

Whoever commits lurking house-trespass by night or house-breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

 

  1. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment:

Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

 

  1. Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint:

Whoever commits lurking house-trespass by night or house-breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

 

167[

 

  1. Hurt caused whilst committing lurking house trespass or house-breaking:

 

Whoever, whilst committing lurking house-trespass or house-breaking, causes hurt to any person or attempts to commit Qatl of or hurt to, any person shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to the same punishment for committing qatl or causing hurt or attempting to cause qatl or hurt as is specified in Chapter XVI of this Code.

 

  1. Persons jointly concerned in lurking house-trespass or house-breaking by night punishable for qatl or hurt caused by one of them:

If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to commit qatl of, or hurt to, any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to the same punishment for committing qatl or causing hurt or attempting to cause qatl or hurt as is specified in Chapter XVI of this Code.

 

] 167

 

  1. Dishonestly breaking open receptacle containing property:

 

Whoever dishonestly or with intent to commit mischief breaks open or unfastens and closed receptacle which contains or which, he believes to contain property, shall be punished with imprisonment or either description for a term which may extend to two years, or with fine, or with both.

 

  1. Punishment for same offence when committed by person entrusted with custody:

 

Whoever, being entrusted with any dosed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

 

CHAPTER XVIII

 

OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS

 

  1. Forgery:

 

Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

 

  1. Making a false document:

 

A person is said to make a false document:

 

First:         Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, seated or executed; or

 

Secondly: Who, without lawful authority, dishonesty or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made “or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

Thirdly:     Who dishonestly or fraudulently causes any person to sign, seal, execute or later a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that. by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration.

 

Illustrations

 

  • A has a letter of credit upon B for rupees 10,0OO, written by Z. A, in order to defraud E, adds a cipher to the 10,000 and makes the sum 10,000, intending that it may be believed by B that Z so wrote the letter, A has committed forgery.

 

  • A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery.

 

  • A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently tills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.

 

  • A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.

 

  • A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as. a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.

 

  • Z’s will contains these words: “I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.
  • A endorses a Government promissory-note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order” and thereby converts the special endorsement into a blank endorsement. B commits forgery.

 

  • A sells and conveys an estate to Z, A afterwards, in order to defraud Z of his estate’ executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, Intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery.

 

  • Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z, that he has prepared the will according to his instructions, Induces Z to sign the will. A has committed forgery.

 

  • A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made false document in order to induce Z to part with property, A has committed forgery.

 

  • A without B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.

 

Explanation 1: A man’s signature of his own name may amount to forgery.

 

Illustrations

 

  • A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

 

  • A writes the word “accepted” on a piece of paper and sings it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

 

  • A picks up a bill of exchange payable to the order of a different person of the same name A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable, here A has committed forgery.

 

  • A purchases an estate sold under execution of a decree against B. B after the seizure of the estate, in collusion With Z, executes a lease of the estate to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. S, though he executes the lease in his own name, commits forgery by antedating it.

 

  • A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors and in order to give a colour to the transaction, writes a promissory-note binding himself to pay to B a sum for value received, and antedates that note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition.

 

Explanation 2: The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

 

Illustration

A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

 

 

  1. Punishment for forgery:

 

Whoever commits forgery shall be punished with imprisonment of either description for a term, which may extend to two years, or with fine, or with both.

 

  1. Forgery of record of Court or of public register, etc.:

 

Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial or a register kept by a public servant as such, or a certificate or document purporting to be made by public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein or to confess judgment, or a power-of-attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Forgery of valuable security, will, etc.:

 

Whoever forges a document which purports to be a valuable security, or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be as acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Forgery for purpose of cheating:

Whoever commits forgery, intending that, the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shaft also be liable to fine.

 

  1. Forgery for purpose of harming reputation:

 

Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Forged document:

 

A false document made wholly or in part by forgery is designated “a forged document”.

 

  1. Using as genuine a forged document:

 

Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.

 

  1. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under Section 467:

Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under Section 467 of this Code, or with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise:

Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this chapter other than Section 467, or such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Having possession of document described in Section 466 or 467 knowing it to be forged and intending to use it as genuine:

Whoever has in his possession any document knowing the same to be forger and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document is one of the description mentioned in Section 466 of this Code, be-punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and if the document is one of the description mentioned in Section 467; shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Counterfeiting device or mark used for authenticating documents described in Section 467, or possessing counterfeit marked material:

Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in .’Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeit, shall be punished with imprisonment for fife, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Counterfeiting device or mark used for authenticating documents other than those described in Section 467, or possessing counterfeit marked material:

Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document other than the documents described in Section 467 of this Code, Intending that device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

  1. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security:

 

Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces or attempts to cancel, destroy or deface or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

168[

 

477- Falsification of accounts:

 

  1. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has bean received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular form or in, any such book, paper, writing valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: It shall be sufficient in any charge under this section to allege a general intention to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.

 

] 168

 

Of Trade, Property and Other Marks

169[

 

  1. Trade mark:

 

A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trade mark, and for the purposes of this Code the expression “trade mark” includes any trademark which is registered in the register of trade marks kept under the Trade Marks Act, 1940 (V of 1940).

 

] 169

 

  1. Property mark:

 

A mark used for denoting that movable property belongs to a particular person is called a property mark.

 

  1. Using a false trade mark:

 

Whoever marks any goods or any case, packages or other receptacle containing goods, or uses any case, package or other receptacle with any mark thereon, in a manner reasonably calculated to cause it to be believed that the goods so marked, or any goods contained in any such receptacle so marked, are the manufacture or merchandise of a person whose manufacture or merchandise they are not, is said to use a false trade mark.

 

  1. Using a false property mark:

 

Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

 

  1. Punishment for using a false trade-mark or property mark:

 

Whoever uses any false trade mark or any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

  1. Counterfeiting a trademark or property mark used by another:

 

Whoever counterfeits any trade mark or property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  1. Counterfeiting a mark used by a public servant:

 

Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

 

  1. Making or possession of any instrument for counterfeiting a trade mark or property mark:

Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a trade mark or property mark, or has in his possession a trade mark or property mark for the purpose of denoting that any goods are the manufacture or merchandise of a person whose manufacture or merchandise they are not, or that they belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Selling goods marked with a counterfeit trade mark or property mark:

 

Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves:-

 

  • that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark and

 

  • that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or
  • that otherwise he had acted innocently,

 

be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

  1. Making a false mark upon any receptacle containing goods:

 

Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

  1. Punishment for making use of any such false mark:

 

Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.

 

  1. Tampering with property mark with intent to cause injury:

 

Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either, description for a term which may extend to one year, or with fine or with both.

 

 

Of Currency-Notes and Bank-Notes

170[

 

489- Counterfeiting currency-notes or bank-notes:

 

  1. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or banknote, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

Explanation: For the purposes of this section and of Sections 489-B, 489-C and 489-D, that expression “bank-note” means a promissory-note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money.

 

489- Using as genuine, forged or counterfeit currency-notes or bank-notes:

 

  1. Whoever sells to, or buys or receives from, any other person, or otherwise traffics, in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

489- Possession of forged or counterfeit currency-notes or bank-notes:

 

  1. Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

489- Making or possessing instruments or materials for forging or counterfeiting

 

  1. currency-notes or bank-notes:

Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has to his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

] 170

171[

 

489- Making or using documents resembling currency-notes or bank-notes:

 

  1. (1) Whoever makes, or causes to be made, or uses for any purposes whatsoever, or delivers to any person, any document purporting to be, or in any way resembling or so nearly resembling, as to be calculated to device, any currency-note or bank-note shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or with both.

 

  • If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

  • Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that person caused the document to be made.

171

172[

 

489- Dishonestly issuing a cheque:

 

  1. Whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on presentation, shall be punished with imprisonment which may extend to three years or with fine, or with both, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.

 

] 172

 

 

CHAPTER XIX

 

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

 

173[] 173

 

  1. Breach of contract to attend on any supply wants of helpless person:

 

Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth; or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 174[six hundred rupees] 174, or with both.

 

175[] 175

 

 

CHAPTER XX

 

OF OFFENCES RELATING TO MARRIAGE

 

176[] 176

177[

 

493- Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

 

  1. Every man who deceitfully causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and shall also he liable to fine.

 

] 177

 

  1. Marrying again during lifetime of husband or wife:

 

Whoever, having a husband or wife living, marries in any case in which, such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Exception: This Section does not extend to any person, whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

 

  1. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted:

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

  1. Marriage ceremony fraudulently gone through without lawful marriage:

 

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.

 

178[

 

496A. Enticing or taking away or detaining with criminal intent a woman.

 

Whoever takes or entices away any woman with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

496B. Fornication:

 

  • A man and a woman not married to each other are said to commit fornication if they willfully have sexual intercourse with one another.

 

  • Whoever commits fornication shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees.

 

 

 

496C. Punishment for false accusation of fornication.

 

Whoever brings or levels or gives evidence of false charge of fornication against any person, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees.

 

Provided that a Presiding Officer of a Court dismissing a complaint under section 203C of the Code of Criminal Procedure, 1898 and after providing the accused an opportunity to show cause if satisfied that an offence under this section has been committed shall not require any further proof and shall forthwith proceed to pass the sentence.

 

] 178 179[] 179

 

CHAPTER XXI

 

OF DEFAMATION

 

  1. Defamation:

 

Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said except in the cases hereinafter excepted, to defame that person.

180[] 180

 

Explanation 1: It may amount to defamation to impute anything to a deceased person, if the imputator would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

 

Explanation 2: It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

 

Explanation 3: An imputation in the form of an alternative or expressed ironically, may amount to defamation.

 

Explanation 4: No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered a disgraceful.

 

Illustrations

 

  • A says: “Z is an honest man, he never stole B’s watch”, intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions.

 

  • A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation unless it falls within one of the exceptions.

 

  • A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.

 

First Exception – Imputation of truth which public good requires to be made or published: It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question off act.

 

Second Exception – On Public conduct of public servants: It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

 

Third Exception – Conduct of any person touching any public question: It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and. respecting his character, so far as his character appears in that conduct, and no further.

 

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing requisition for a meeting on a public question, in presiding or attending as such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.

 

Fourth Exception – Publication of reports of proceedings of Courts: It is not defamation to public a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

 

Explanation: Justice of the peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice is a Court within the meaning of the above section.

 

Fifth Exception – Merits of case decided in Court or conduct of witnesses and other concerned: It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and not further.

 

Illustrations

 

  • A says: “I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest,” A is within this exception if he says that in good faith, inasmuch as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.

 

  • But if A says: “I do not believe what Z asserted at that trial because I know him to be a man without veracity.” A is not within this exception, inasmuch as the opinion which he expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness.

 

Sixth Exception – Merits of public performance: It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Explanation: A performance may be submitted to the judgment of the public expressly or by acts on the part of the author, which imply such submission to the judgment of the public.

 

Illustrations

 

  • A person who publishes a book, submits that book to the judgment of the public.

 

  • A person who makes a speech in public, submits that speech to the judgment of the public.

 

  • An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.

 

  • A says of a book published by Z. “Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind.” A is within this exception, if he says this in good faith, Inasmuch as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further.

 

  • But if A says: I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine. A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.

 

Seventh Exception – Censure passed in good faith by person having lawful authority over another: It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

 

Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under this orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in service;’ a banker censuring in good faith, the cashier of his bank for the conduct of such cashier as such cashier are within this exception.

 

Eighth Exception – Accusation preferred in good faith to authorised person: It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.

Illustration

If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child-Z’s father A is within this exception.

 

Ninth Exception – Imputation made in good faith by person for protection of his or other’s interest: It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.

 

Illustrations

 

  • A, a shopkeeper, says to B, who manages his business—”Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.

 

  • A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the good, A is within the exception.

 

Tenth Exception – Caution intended for good of person to whom conveyed or for public good: It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

 

  1. Punishment for defamation:

Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

  1. Printing or engraving matter known to be defamatory:

 

Whoever prints or engraves any matter, knowing or having good reason to relieve that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

  1. Sale of printed or engraved substance containing defamatory matter:

 

Whoever sells or offers for sale any printed or engraved substance containing defamatory matter knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

 

 

 

CHAPTER XXII

 

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

 

  1. Criminal Intimidation:

 

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

 

Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

 

Illustration

 

A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

 

Ingredients: This section has the following essentials:—

 

  1. Threatening a person with any injury–

 

  • to this person, reputation, or property; or

 

  • to the person or reputation of any one in whom that person is interested.

 

  1. Threat must be with intent—

 

  • to cause harm to that person, or

 

  • to cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat, or
  • to cause that person to omit to do any act which that person is legally entitled to do as the means of avoiding the execution of such threat. Words, “well, I will see you” do not constitute an offence under Section 506.

 

  • Intentional insult with intent to provoke breach of the peace:

 

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

  • Statements conducing to public mischief:

 

  • Whoever makes, publishes, or circulates any statement, rumour or report-

 

  • with intent to cause or incite, or which is likely to cause or incite, any officer, soldier, sailor, or airman in the Army, Navy or Air Force of Pakistan to mutiny, offence or otherwise disregard or fail in his duty as such; or

 

  • with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or

 

  • with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment for a term which may extend to seven years and with fine.

 

  • Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment for a term which may extend to seven years and with fine.

 

Explanation: It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.

 

 

  1. Punishment for criminal intimidation:

 

Whoever commences the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

 

If threat be to And if the threat be to cause death or grievous hurt, or to cause the cause death or destruction of any property by fire, or to cause an offence punishable grievous hurt, with death or imprisonment for life, or with imprisonment for a term etc.: which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 

 

  1. Criminal intimidation by an anonymous communication:

 

Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.

 

  1. Act caused by inducing person to believe that he will be rendered an object of Divine displeasure:

Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not to the thing which it is the object of the offender to cause him to do

 

, or if he does the thing which it is object of the offender to cause to him to omit shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

Illustrations

 

  • A suits dhurna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders 2 an object of divine displeasure, A has committed the offence defined in this section.

 

  • A threatens Z that, unless Z performs a certain act, A wilt kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.

 

 

  1. Word, gesture or act intended to insult the modesty of a woman:

 

Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

  1. Misconduct in public by a drunken person:

 

Whoever, in a, state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

 

CHAPTER XXIII

 

OF ATTEMPTS TO COMMIT OFFENCES

 

  1. Punishment for attempting to commit offences punishable with imprisonment for life or for a shorter terms:

Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence for a term which may extend to one-half of the longest term of imprisonment provided for that offence or with such fine daman as is provided for the offence, or with both.

 

Illustrations

 

  • A makes an attempt to steal some jewels by breaking, open the box, and finds after so opening the box, that there is no jewels in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

 

  • A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket, A fails in the attempt in consequence of 2’s having nothing in his pocket. A is guilty under this section.

 

 

Source:: (1) Punjab Police website. Pakistan Penal Code (as amended until 1997) in PDF – [http://www.punjabpolice.gov.pk/user_files/File/pakistan_penal_code_xlv_of_1860.pdf Source:: (2) Pakistan Penal Code (2004) – Nadeem Law Book House

Source:: (3) Gazette of Pakistan Extraordinary, Jan 11, 2005 (Text of Criminal Law (Amendment) Act, 2004) Source:: (4) Text of Protection of Women (Criminal Laws Amendment) Act, 2006 – text available on pakistani.org Source:: 1997 text [(1) above] double-checked against 2004 text [(2) above] and updated with amendments made since by Shehzaad Nakhoda. Error-checking, proof-reading, formatting into pakistani.org XML by Shehzaad Nakhoda. Converstion into HTML using pakistani.org xlst by Shehzaad Nakhoda.

 

Notes

 

  • Sub-section (1) substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • The following was omitted by A.O. 1961, Art. 2 and Sch. : “

 

3[(2) ] 3 “.

 

3   Substituted by A.O. 1949, Sch..Sub-section (3) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Illustration (b) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) for Illustration (c).

 

  • Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • The following was omitted by A.O. 1961, Art. 2 and Sched : :

 

  1. Definition of “Queen”

 

 

9   The following was omitted by A.O. 1937 : :

 

  1. Definition of “British-India”

 

  1. Definition of “Government of India”

 

 

 

  • The following was omitted by A.O. 1937 : :

 

  1. Definition of Presidency.

 

 

 

  • Sub-clause (a) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Sub-clause (c) omitted by Federal Laws (Revision and Declaration) Act 1951 (26 of 1951), Section 3 and Schedule.

 

  • Sub-clause (d) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Illustration omitted by A.O., Article 2 and Sched..

 

  • Sub-clause numbered ‘first’ omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Inserted by Penal Code (Amendment) Act, VIII of 1942.

 

  • Substituted by Criminal Law (Amendment) Act, 1997 (II of 1997).

 

  • Inserted by Criminal Law (Amendment) Act, 1997 (II of 1997).
  • Inserted by Criminal Law (Amendment) Act, 1997 (II of 1997).

 

  • Inserted by A.O. 1937.

 

  • The following was omitted by Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950) : :

 

  1. Sentence of Europeans and Americans to penal servitude:

 

 

 

22 The following was omitted by Law Reforms Ordinance, XII of 1972, S. 2 : :
58. Offenders sentenced to transportation how dealt with until, transported:
59. Transportation instead of imprisonment:
23 The following was omitted by Penal Code (Amendment) Act, XVI of 1921, S. 4 : :

 

  1. Sentence of forfeiture of property:

 

  1. Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment:

 

 

  • Sub-clause (b) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Inserted by Penal Code Amendment Act, 1898 (IV of 1898).

 

  • Inserted by Criminal Law (Amendment) Act, 1997 (II of 1997).

 

  • Inserted by Criminal Law (Amendment) Act, VIII of 1913.

 

  • Inserted by Penal Code (Amendment) Act, 1870 (XXVII of 1870).

 

  • Inserted by Pakistan Penal Code (Amendment) Act, 1950 (VI of 1950).

 

  • Inserted by Criminal Law (Second Amendment) Ordinance, 1984 (XLIII of 1984).

 

  • Inserted by Penal Code (Amendment) Act, 1870 (XXVII of 1870).

 

  • The following was omitted by Act II of 1988 : “Asiatic”.

 

  • The following was omitted by Act II of 1988 : “Asiatic”. Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • The following was omitted by Amending Act, 1934 (XXXV of 1934), Section 2 and Sched : :

 

138-A Application of foregoing sections to the Indian Marine Service:

 

 

  • Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Inserted by Criminal Law (Amendment) Act, 1973 (VI of 1973), S. 2.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one hundred rupees”.

 

  • Inserted by Prevention of Corruption Laws (Amendment) Act (XIII of 1977), S.2 and Sch..

 

  • Inserted by Criminal Law (Amendment) Act, XXXVII of 1953.

 

  • Inserted by Pakistan Penal Code (Amendment) Ordinance, LIX of 1962.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • Inserted by Election Offence and Inquiries Act. XXXIX of 1920.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Inserted by Criminal Law (Third Amendment) Ordinance LIV of 1984.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.
  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five thousand”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.
  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Illustration omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Illustrations omitted by Code of Criminal Procedure Act, X of 1882.

 

  • Inserted by Criminal Law (Amendment) Act, III of 1894.

 

  • The following was omitted by Penal Code (Amendment) Act, VIII of 1942, S.3 : :

 

216-B. Definition of “harbour” in Sections 212, 216 and 216-A.

 

 

  • Inserted by Criminal Law (Amendment) Act, X of 1886.

 

  • The following was omitted by Law Reforms Ordinance, XII of 1972, Section 2 and Sched. : :

 

  1. Unlawful return from transportation.

 

 

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Illustrations (d) and (e) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Words omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Inserted by Criminal Law (Amendment) Act, III of 1895.
  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Ord. III of 1980.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.
  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • Inserted by Pakistan Penal Code (Amendment) Act, XXVII of 1970.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Inserted by Pakistan Penal Code (Amendment) Act, XX of 1965.

 

  • Inserted by Criminal Law (Amendment) Act, XXV of 1927..

 

  • Inserted by P.P.C. (Amendment) Ordinance, I of 1982..

 

  • Inserted by Criminal Law (Amendment) Act, III of 1986, S. 2.

 

  • Inserted by Pakistan Penal Code (Second Amendment) Ordinance, XLIV of 1980.

 

  • Inserted by Anti-lslamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, XX of 1984.

 

  • Sections 299 to 338H substituted by Criminal Law (Amendment) Act, 1997 (II of 1997).

 

  • Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 2.

 

  • Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 3 for Full-stop:

“.”.

 

  • Proviso inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 3.

 

  • Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 4.

 

  • Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(a) for : “fourteen years”. Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(a) for : “fourteen years”.

 

  • Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(b) for : “fourteen years”.

 

  • Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 6 for : :

 

Provided that giving a female in marriage shall not be a valid badl-i-sulh.

 

  • Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 7.

 

  • Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(i) for : “keeping in view”.

 

  • The following was omitted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(ii) : “in its discretion”.

 

  • Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iii).

 

  • Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iv) for Full-stop: “.”.

 

  • Proviso inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iv).

 

  • Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(v).

 

  • Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 9 for : “fourteen years”.

 

  • Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 10.

 

  • Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(a).

 

  • Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(b) for Full-stop: “.”.

 

  • Proviso inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(b).

 

  • Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 12 for Full-stop:

“.”.

 

  • Proviso inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 12.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Inserted by Criminal Law (Amendment) Ordinance, XXIV of 1984.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • Substituted by Criminal Law (Amendment) Act, III of 1990 for : “age of ten”.

 

  • Substituted by Criminal Law (Amendment) Act, III of 1990 for : “age of ten”.

 

  • Inserted by Criminal Law (Amendment) Act, III of 1990.

 

  • Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 2.

 

  • The following was omitted by Criminal Law (Amendment) Act, III of 1990, S. 19 : :

 

  1. Kidnapping, abducting or inducing woman to compel her marriage, etc.:

 

 

  • Inserted by Penal Code (Amendment) Act, XX of 1923.

 

  • Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

 

  • Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 3.

 

  • Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 4.

 

  • The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :

 

  1. Selling minor for purposes of prostitution, etc.:

 

  1. Buying minor for purposes of prostitution, etc.:

 

 

 

150 Substituted by Criminal Law (W. P. Amendment) Ordinance, XXXIV of 1969 for : “one year”.151 The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :

 

  1. Rape:

 

  1. Punishment of rape:

 

 

 

  • Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 5.

 

  • Inserted by Criminal Law (Amemdment) Act, I of 1996.

 

  • Inserted by Pakistan Penal Code (Amendment) Act, XVI of 1996.

 

  • Substituted by Criminal Laws (Amendment) Ordinance, III of 1980.

 

  • The following was omitted by Criminal Law (Amendment) Act, VII of 1993 : “”.

 

  • Substituted by Criminal Laws (Amendment) Ordinance, III of 1980.

 

  • Substituted by Unknown.

 

  • Inserted by Pakistan Penal Code (Second Amendment) Ordinance. XXX of 1981, S. 2.

 

  • Substituted by Criminal Laws (Amendment) Ordinance, XXXIII of 1981 for : “three”.

 

  • Substituted by Pakistan Penal Code (Amendment) Ordinance, XLI of 1980.

 

  • Substituted by Criminal Laws (Amendment) Ordinance, III of 1980.

 

  • Substituted by Criminal Laws (Amendment) Ordinance, III of 1980 for : “may extend to”.

 

  • Substituted by Criminal Laws (Amendment) Ordinance, III of 1980 for : “may extend to”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “five hundred rupees”.

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “one thousand rupees”.

 

  • Substituted by Criminal Law (Amendment) Act, 1997 (II of 1997).

 

  • Inserted by Criminal Law (Amendment) Act, III of 1895.

 

  • Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
  • Sections 489-A to 489-D inserted by Currency-Notes Foreign Act, XII of 1899, S. 2.

 

  • Inserted by Penal Code (Amendment) Act, VI of 1943, S. 2.

 

  • Inserted by Criminal Law (Amendment) Ordinance, 2002 (LXXXV of 2002).

 

  • The following was omitted by Workmen’s Breach of Contract (Repealing) Act III of 1925), S. 2 and Schedule : :

 

  1. Breach of contract of service during voyage or journey

 

  • Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : “two hundred rupees”.

 

  • The following was omitted by Workmen’s Breach of Contract (Repealing) Act III of 1925), S. 2 and Schedule : :

 

  1. Breach of contract to serve at distant place to which servant is conveyed at masters expense:

 

176 The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :

 

  1. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage:

 

  • Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 6.

 

  • Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 7.

 

  • The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :

 

  1. Adultery:

 

  1. Enticing or taking away or detaining with criminal intent a married woman:

 

180   Proviso omitted by Criminal Law (Amendment) Act, IV of 1986.

 

Chapter XI Police Officers

Chapter XI:

 Police Officers

 Part-I

Office Routine

11-1.       Office staff of Superintendent – The English and Urdu office staff of each Superintendent consists of the following:-

1 2 3 4
Division of duties Designation Rank Remarks
English Office branch Head Clerk Inspector or Sub-Inspector This officer is in charge of the English office and is responsible for the punctual disposal of correspondence, submission of periodical reports and returns, and the maintenance of character rolls and service books and, when no senior officer is available may sign necessary letters, etc., for the Superintendent of Police. He shall also supervise the work of the Accounts Branch and is responsible for the correctness of the accounts. He will be assisted by as many assistant clerks as may from time to time be sanctioned
Accounts branch Accountant Sub-Inspector His duties and responsibilities are detailed in Chapter X, Police Rules. He will be assisted by as many head constables and constables as may from time to time be sanctioned.
Bill Clerk Head- Constable He shall prepare travelling allowance bills and be general assistant to the Accountant
Urdu Office branch Reader to Superintendent of Police Assistant Sub-Inspector This officer shall exercise supervision over his assistant readers (head-constables) of whom there will be as many as there are gazetted officers. He shall also maintain the standing order book and the district order book.
Record keeper Head-Constable This officer shall be in charge of the Urdu records and will be assisted by one or more constables according to the requirements of the district.
Return-writer Head-Constable Shall maintain the general crime register, and despatch register of conviction slips and shall be responsible for all prescribed returns from the Urdu office.
Diarist, Copyist and Despatcher Head-Constable or Constable With as many assistants as may be sanctioned shall deal with the receipt, registration, distribution, copying and despatch or Urdu correspondence according to rules.

 

Provided that every police officer shall at all times render such general assistance as may be required of him in the exigencies of the service.

 

The assistant sub-inspector selected to discharge the duties of head reader shall be selected from officers of that rank employed on executive duties and shall not remain in the post for a longer period than two years at a time without the special sanction of the Deputy Inspector-General. An officer who has been head reader shall again become eligible for such post, without any special sanction, after three years ordinary police duty.

 

Note – Readers to the Senior Superintendent of Police, Lahore, and the Superintendents of Police, Amritsar, Ferozepore, Multan and Rawalpindi will be of the rank of Sub-Inspector.

 

  • Methods of correspondence – (1) All gazetted police officers and those subordinates who are employed in the offices of Superintendents of Police are required to familiarise themselves with the general instructions governing correspondence, which are contained the Punjab government Consolidated Circular No.5.

 

(2) Ordinary correspondence within the department should be in memorandum form, and the same form should be used for un-important correspondence with officers of other departments of equal or inferior status to that of the police officer addressing them. In important references requiring a lengthy letter, or which are likely to be forwarded other departments, the form of address and subscription of an official letter shall be used.

 

(3) Every official communication shall be headed with its number, the name and also the office of the writer and of the addressee, the palace from, and the date on which it is written, followed by an abstract subject heading and shall, at its commencement, quote the number, date and purport of any previous communication written from the same office to the same addressee, or received from the office addressed, on the same or relevant subject. If any communication or order is referred to which is not enclosed, the number, date, paragraph and purport of such communication or order shall be quoted.

 

(4) Colloquial phrases, vernacular, or provincial expressions shall not be used unless their equivalents are given in the text or in notes.

 

(5) More than one subject shall not ordinarily be discussed in the same communication.

 

(6) All communications, which will require to be filed with a case shall ordinarily be written on paper of foolscap folio or quarto size.

 

11-3.    Enclosures – Original documents shall not be forwarded as enclosures unless such a course is necessary. Urdu enclosures shall ordinarily be accompanied by English translations. The transmitting communication shall contain a list of all enclosures.

 

11-4.    Disposal of unimportant communication – In all unimportant cases, when a copy of the receipt or despatch communication is not considered necessary, the reply may be written at the foot or on the reverse of the receipt communication, which, after being numbered and entered in the correspondence register, shall be returned in original to the office of issue.

 

3[1][11-4-A. Relief to be given to Deputy Commissioners and other Administrative and Executive Officers in clerical work – To lighten the burden placed upon district officers Government have issued instructions reproduced in Appendix No.11-4-A prohibiting the issue from the Government Secretariat of unnecessary references calling for information from district officers. These instructions apply mutates mutandis to administrative police offices.

 

11-5.    Method of despatch and posting – (1) Communications and articles of considerable weight which are not of an urgent nature shall be sent by parcel of packet post; provided that communications and articles of value shall not be sent as packets. A parcel may contain one but not more than one written communication of the nature of a letter, which shall be addressed only to the addressee of the parcel itself. The inclusion of more than one letter in the same envelope or cover is contrary to Rule 31 of the Pakistan Posts and Telegraphs Rules, 1933. Office files, however, are not letters within the meaning of Sections 4 and 5 of the Pakistan Post Office Act and may be transmitted in a single parcel or y private agency instead of by post.

 

The despatch number of all letters, etc., enclosed in one registered cover shall be noted on the cover. The officer opening the covers shall satisfy himself that the contents received are correct.

 

(2) For important communications, where only a proof of posting is required, the system of acknowledgment of posting afforded by the Post Office, at the rate fixed by the Postal Department, shall ordinarily be resorted to. Where, however, a proof of delivery is required the cover shall be sent “Registered and acknowledgment due”.

 

11-6.    Use of rubber stamps – Printed or lithographed signatures as franks may not be used, but stamps giving a facsimile of an officer’s signature may, under proper precautions, be used for franking, but for no other purpose whatsoever. A list of rubber stamps, for use in district police offices and obtainable on payment from the Controller of Stationery, Calcutta, is given in Appendix 11-6.

 

11-7.    Covers to be franked – All covers despatched from the office shall be franked by the despatcher; otherwise they are treated as bearing covers under the rules of the Postal Department. Police, offices shall receive, and pay postage due on articles addressed to them “On Pakistan States Service”, and bearing the signature in full of the sender.

 

11-8.    Sue of reminders – Reminders (that is communications drawing attention to unanswered references) shall not ordinarily be numbered; and reminders received shall, if the reply called for is not at once despatched, be returned with an explanation of the delay and a statement when a reply may be expected.

 

11-9.    Addressing covers of official communications – The covers of official communications shall be addressed to the official designation of the officer; but those of demi-official communications shall be addressed to the name as well as to the official designation, and should be opened only by the individual to whom they are addressed.

11-10.  Despatch of confidential papers – When confidential papers are sent out of an office they shall be put into double sealed covers. The inner one shall be marked “Confidential”, and be super scribed with the name of the addressee. The outer cover should bear the official designation of the addressee only, and have no marking of any kind on it to indicate that its contents are of a confidential nature.

 

11-11.  Destruction of confidential correspondence – The destruction of confidential correspondence is a matter for the discretion of district officers, but as a general rule correspondence, other than that of special importance, over 20 years old may be destroyed. The destruction of other confidential records is regulated by instructions issued periodically by the Deputy Inspector-General, Criminal Investigation Department.

 

11-12.  Despatch of plans and maps on which the title to any property is based – No plans or maps on which the title to any property is based shall be sent out of the office of record in original, unless specially called for by competent authority, in which case the should, if entrusted to the post, be sent under registered cover. Copies of such plans or maps may accompany letters if necessary.

 

11-13.  Channel of correspondence – (1) A Superintendent shall ordinarily correspond direct only with his equals or inferiors in official status or with those immediately superior to him. Correspondence with the Commissioner shall be conducted through the District Magistrate and with the Inspector-General through the Deputy Inspector-General. Superintendents shall address Military Officers or above the rank of Colonel Commandant and Colonel on the Staff through their Staff Officers.

 

(2) Except (1) in cases in which direct reports may be ordered by general or special rules, (2) in emergencies, and (3) in answer to direct reference, the above channels of communication shall be followed. In cases coming under (2) or (3) of the exceptions above named, a copy of the communication shall be sent to the officer through whom the communication would, in the ordinary course, have passed.

 

11-14.  Communications with other provinces and countries – (1) All communications and documents sent by police officers to officers in another province where there is a different vernacular shall be in English.

 

(2) Should it be necessary to communicate with British Officials in the United Kingdom and the colonies regarding a criminal case or any matter of Public Security Intelligence, the facts should be reported, through the Deputy Inspector-General, Criminal Investigation Department, to the Inspector-General of Police, who is authorised to conduct such correspondence.

 

(3) Communications between gazetted police officers and between such officers and officers of similar status in other departments, and in answer to communications in English from persons not in the service of Government, shall be in English, unless the person addressed is known habitually to conduct his correspondence in the vernacular.

 

11-15.  Translation – All translations made in the office of a Superintendent shall be checked and certified as correct by a responsible officer not below the rank of assistant sub-inspector.

 

11-16.  Translation of vernacular words – (1) The transliteration of Indian words and the spelling of names should follow, as closely as possible, the rules given in Appendix C of Punjab Government Consolidated Circular No.5.

 

(2) As regards the names of places, the Imperial Gazetteer shall be accepted as the primary authority for the spelling of all names of places found in it, and in the case of names which do not appear in the Gazetteer, the local civil authority shall decide all questions relating to the spelling.

 

11-17.  Communications on private matters – Officers shall not address their superiors on personal matters concerning their own leave, pay, promotion, appointment, etc., by “State” telegram or in service paid letters. Should a reply to such a communication be required by telegraph the cost of the reply shall be prepaid. When such references are forwarded by the superior officers of those submitting them, they will be treated like any other official communication.

 

11-18.  Wording of telegram – Telegraphic messages should be worded as briefly as is consistent with conveying the intended meaning with ambiguity.

 

11-19.  Telegrams – use of – Police officers may use the Government and State Railway telegraph system for the transmission on official business of telegrams of the following classes:-

 

(a)       Ordinary State,           (b)       Express State,             (c)        Special Police

 

Message should be classed “Ordinary” except in cases of special urgency. The “E-press” class should be used for messages of special urgency, when the difference of a few hours in the time of delivery is of moment, or when it is known that, owing to a block of traffic, “Ordinary” class of telegrams are liable to serious delay.

 

The authority to class messages “Special Police” has been given to police officers and an above rank of Inspector at the headquarters of districts, with the proviso that, when a gazetted officer is available, the privilege shall ordinarily be exercised by him only, and to officers of an above the status of “officer in charge of police station” at places other than district headquarters. Telegrams so classed take precedence for despatch over almost all classes of traffic. The classification is intended for the reporting of facts and events of such pressing urgency that even a few minutes’ delay would be serious, and its use should be confined to emergencies and to messages in connection with the prevention or detection of crime, when immediate communication of information is essential.

 

“Special police” messages must be received for despatch and delivery by all telegraph offices, whether during “closed” hours or not. They are paid for at “express” rates including late fees.

 

11-20.  Abbreviated telegraphic addresses – Superintendent of Police shall arrange to supply officers in charge of police stations and others with a list of the registered telegraphic address of all officials, both of the police and other departments, with whom they are likely to be called upon to exchange telegrams, and to keep these lists up to date. A list of such addresses is published in Appendix D of the Punjab Civil List.       

 

11-21.  Use of canal telegraph system – The canal telegraph system in the Punjab may be used by police offices under the following restrictions:-

 

(a)       All messages must be strictly on Government service.

(b)       No message may be sent to any place which is served by other wires, e. g., Government telegraph or railway wires.

(c)        Messages sent on canal service shall have precedence over all others.

(d)       No guantee can be given as to the correctness of messages or against delay.

(e)        When the addressee is at a distance from the receiving telegraph office, the message will be forwarded by had, with a letter from the signaller to the addressee stating what fee has been agreed on. This fees will be paid to the messenger on delivery and will vary according to the conditions of distance, time and weather.

 

Such fees are chargeable to the contract contingent grant.

 

11-22.  Telephone – The telephone should be freely use, wherever it is available, to save time and formal correspondence. This means of communication should be utilised for reporting matters of urgency including “special reports” of crime form police stations to headquarters; for obtaining information required to supplement or explain a written report, and for conveying orders. Where a record in necessary of orders or information conveyed in the first instance by telephone, a copy should be sent by the earliest available post. Message books (Form 11-22) shall be kept in each office which is supplied with a telephone. The recipient of a message or order, as received, and will then repeat it over the telephone and obtain the sender’s acknowledgment of its correctness. Messages recorded in this form shall be placed in the appropriate file in the receiving office, until their place is taken by the official copy which is required to follow by post; on receipt of the latter the message form will be destroyed.

 

Trunk calls shall be used for official purposes, only when the use of the telegraph would be justified, and if the cost of such a call is not greater than would be the cost of making the enquiry in question and getting a reply thereto by telegram. Except in cases of great emergency, trunk call will be made only by officers of and above the rank of inspector.

 

11-23.  Treatment of receipt letters and postal matter containing remittances – (1) In the offices of Superintendent of Police all letters, etc., received shall be opened by a gazetted officer or, if no gazetted officer is at headquarters, by the head clerk personally. Every receipt shall be registered before any other action is taken, the office stamp, with the diary number and date entered in red ink, being impressed in the upper left-hand corner. The head clerk is responsible that every fresh receipt is shown to a gazetted officer within forty-eight hours, even if the connected file is not available for submission at the same time. This rule shall apply as far as is practicable to the officers of Deputy Inspector General of ranges.

 

(2) Receipts for insured or registered letters or packets shall be singed by the head clerk personally or other officer senior to the head clerk. Such letters and packets shall invariably be opened by a gazetted officer, or, when no such officer is at headquarters, by an inspector. The officer opening insured letters or packets will be personally responsible for seeing that the contents are correct according to the covering letter, if any, or endorsement on the cover, and are immediately brought on to permanent record or account. If the insured contents are currency notes, cheques, or remittance transfer receipts they shall be made over to the accountant and the receipt shall be entered forthwith in the general cash book and initialled by the officer opening the letter or packet; if they are other valuable goods or documents they shall immediately be placed in suitable safe custody. Officers must realise that laxity in the receipt and disposal of valuables sent through the post gives an easy opening for misappropriation and fraud of kind the detection of which is not easy.

 

11-24.  Registration – (1) All correspondence, both receipts and issues, shall be registered in one diary of correspondence [Form 11-24(1)] and every separate receipt and issue shall be given a serial number as shown in the diary, receipts being entered in black ink and issues in red.

 

(2) Periodical and other standard returns shall be entered in the diary and numbered for despatch. Covering letters shall not be sent with communications, unless it is necessary to make explanatory remarks, which cannot be endorsed on the return itself.

 

When a return is blank the fact should be reported on a post card. –[vide sub-rule 11-39(3)].

2562/19

(3) The number of a despatch letter should be given above, the file and subject head number below, e.g.,          meaning letter number 256 of file 2, subject head 19.

 

(4) When a letter which starts a new subject is issued or received the head clerk shall decide whether, in accordance with rule 11-25, it should be filed with the “miscellaneous file” of the chapter concerned or with one of the “general files,” or whether it should be given a ”special file.” In the last case the necessary entry in the file register [Form 11-28 (1)] shall at once be made.

(5) When any communication is sent to more than one office, the distribution shall be shown on each copy.

 

11-25.  Filing – (1) Correspondence shall be kept in the flat file system and given file covers [Form 11-25 (1)]. Files shall be kept according to their file and subject head numbers – (See rule 11-26).

 

(2) Papers in file shall be arranged chronologically, and shall be paged on one side only on the right hand top corner, the first paper being numbered I, and the second,3, and so on, the reverse of each paper being the following even number, which need not be marked. Office notes and orders, except purely ephemeral notes such as calls for papers and explanations of delay, which should be made on “slips” or “buff sheets” and destroyed when disposed of, shall form part of the file and be paged accordingly.

(3) Enclosures to a letter when placed on record should come before the letter itself. A note in red ink shall be recorded on the enclosure on receipts, as follows:-

 

“Enclosures to letter number, dated to be returned,” the last three words being omitted if the enclosures are not to be retuned.

 

(4) An index to the contents of each file shall be maintained on the outer cover and shall show whether letters are pending or otherwise.

 

11-26.  Heads of correspondence – (1) Main subject heads of correspondence shall be allotted in accordance with the chapter headings of Police Rules, one extra main head “head subjects” being added for correspondence bearing no relation to those rules, Sub-heads shall follow, as far as possible, the paragraph headings of Police Rules. Further instructions are given in Appendix 11-26 (1).

 

(2) Files under each subject head will be of three descriptions, viz., “Miscellaneous,” “General” or “Special”.

 

(a)       Only one “miscellaneous” file shall be maintained under each main head. It will be given the first serial number under the head concerned each year, and will contain all correspondence on that head of an unimportant or routine nature, concerning which no lengthy correspondence is expected, and for which a “general “ or “special” file is considered unnecessary.

 

(b)       A “special” files under each subject head will consist of papers connected with periodical correspondence or returns on one general subject, on any one item of which no lengthy correspondence is expected. General files will be marked with the letter “G”.

 

(c)        A “special” file shall be started for every case which, either form the item of its imitation or t a later stage, appears likely to be the subject of prolonged correspondence, or to be of intrinsic importance as a precedent or as embodying a new ruling or order, or to constitute a distinct item within a general sub-head, which is likely to be required frequently for reference and should be kept on record for more than item years. It will frequently be necessary to transfer papers form a “miscellaneous” or “general” file to a “special” file. Whenever this is done corrections must be made in the diary of correspondence, and index of the file from which the papers are removed.

 

(3)       Papers in connection with “miscellaneous” and “general” files may, if convenient, be submitted separately as they are received. After necessary orders have been issued and complied with they should be placed with the files to which they belong. Papers in connection with “special” files should ordinarily be submitted for orders with their files.

 

(a)        When a file becomes unduly bulky {ordinarily when it exceeds 100 pages}, a separate continuation file should be studied both by gazetted office sand clerks, and should followed, as for as the conditions of different offices permit.

 

11-27.  Detailed instructions regarding office procedure – Further detailed instruction for the conduct of the business of an office are published as Appendix 11-27. These instruction should be studied both by gazetted officers and clerks, and should be followed, as far as the conditions of different offices permit.

 

11-28.  File Register – (1) An annual files register shall be maintained in Form 11-28(1) for each subject head. It will give the number of and serve as an index to all “general” and “special” files.

 

(2) A new register and a new series of serial numbers will be started at the commencement of each year.

 

11-29.  Arrangements of correspondence files – (1) For purposes of arrangement in the record room, correspondence files will be divided into two classes:-

 

(a)     “Action files, in which further correspondence is expected, including all “miscellaneous” and “general” files.

 

(b)     Completed “special” files, in which correspondence has been finished.

 

(2) One or more record cupboards should be kept for correspondence files of the current and preceding year, and should be divided into compartments marked with a distinguishing number for each main-head. Each compartment will be sub-divided into two.

 

Completed files will be tied up between boards and placed below the action files, which will be kept loose, but in their proper order.

 

Action files will be kept in the upper division and completed files in the lower division of the compartment.

 

(3) At the end of the second year the files of each subject head shall be placed between stiff boards in a separate record cupboard, divided into annual compartments. On the top board of each packet shall be written the number of files. This portion of the record hslal be classed as old records.

 

11-31.  Period of retention of, and destruction of records – The process of eliminating superfluous records shall be carried on continuously under the orders of the head clerk. No file shall be considered for destruction till it has been three years in the “old records”. Files in the “old records” shall be kept in two classes (a)miscellaneous and general, (b)special. No special file shall be considered for destruction till it has been ten year in the “old records”.

 

Subject to this guiding principle the record room staff will be continuously engaged on the overhaul of old files. Each file liable to destruction will be first examined with the aid of its index. Any portion of its contents which the record clerk considers should be kept, shall be removed – the orders of the head clerk being taken if necessary – before the rest of the file is destroyed. The orders of the head clerks shall be cancelled in red ink, dated and initialled by the record clerk. Progress in destruction work will be checked at all office inspections by reference to the file register.

 

Papers removed for retention from files which are to be destroyed shall be recorded in a special file under the appropriate subject head entitled “Papers retained from files destroyed.” This extra file shall, when created, be entered in red ink at the end of he file register of the year in question.

 

11-32.  Station delivery register – An annual station delivery register shall be maintained in Universal Form No, 20 for all letters, etc., sent out by hand.

 

11-33.  Stamp Register – (1) A stamp register shall be maintained by the accountant Form 11-33 showing the receipt and issue of Government stamps to each officer during the year.

 

(2) The rules prescribed by the Punjab Finance Department for the audit and better control of service labels, – vide Inspector General’s Memo. No. 3402-A dated 26th September 1931 – Should be carefully observed. Range auditors should examine the stamp accounts during the course of their inspection of district accounts.

 

11-34.  Stock book of office furniture – A register of furniture in the office of Superintendents, Deputy Inspector General, and the Inspector General shall be maintained in Universal Form No, 93. Stock shall be taken annually in April and the record verified under the hand of a gazetted officer, the condition of articles in stock being duly noted in the column provided for this purpose. To facilitate identification each article shall be marked with the abbreviated designation of the office concerned. Inspecting officers shall examine this register in the course of their inspections.

 

11-35.  Inventory of stores – (1) An inventory of stores in Form 5-16(I) shall be maintained in each police office showing all European and other stores and moveable property in the custody of the head of the office. Articles required to be entered in the registers maintained under rules 11-34 and 11-58 shall not be entered, but all other Government property, other than that purchased or maintained from the Chanda, Police Land 11[2][***], shall be included.

 

Note – Stores purchased or maintained from the Police land or General Police funds shall be entered in the miscellaneous stores register in the Lines (Rules 22-70).

 

(2) On the 31st March of each year the balances of all stores should be shown in once line and shall be verified by count by a gazetted police officer, and attested by his signature in the register in the column for remarks. At the same time a certificate shall be forwarded to the Deputy Inspector General, by Superintendents, and to the Inspector General, by Deputy Inspectors General, that this verification has been carried out.

 

At inspections the controlling officer should call for the stock register and see that entries have been regularly made and verify the record of actual count. He should, if possible, verify by actual count the balance of one or more items, as the balance of the particular stock affected is struck at each operation.

 

  • List of register – A list of registers to be maintained of a permanent character, whether in English or in Urdu, shall be ordered to be submitted by the police, except under the authority of the Inspector Genera or Government, or by law or rule having the force of law.

 

  • Unauthorised re-terms – No periodical return or report of a permanent character, whether in English or in Urdu, shall be ordered to be submitted by the police, except under the authority of the Inspector – General or Government, or by law or rule having the force of law.

 

11-38.  Compilation of Returns – the material for authorized periodical returns and reports should normally be available from the records and registers in the office preparing the. Such returns and reports shall be prepared accordingly, and material shall not be demanded from executive officers except for special and adequate reasons. When a special return ordered by proper authority necessitates the collection of material directly from executive officers and police stations, blank forms of the required returns shall be sent for completion.

 

11-39.  List of returns due from offices of Superintendents and Deputy Inspectors–General – (1) A list of periodical returns which have to be submitted by Superintendents, showing the period after which the office copies of such returns may be destroyed, is given in Appendix 11.39(1)(A). A similar list, showing the returns to be submitted by Deputy Inspectors – General, is given in Appendix 11-39(1)(B).

 

(2) Each Deputy Inspector – General shall cause a check statement of periodical returns to be kept up in his office, in Form 11-39 (2).

 

(3) When a return is blank, intimation of the fact shall be sent by post card, quoting the description of the return, as given in Appendix 11-39 (I) (A) and the number of the rule in which it is prescribed.

 

PART – II

Stationary and Forms

 

11-40. Supply of English stationery – (1) English stationary shall be procured by means of indents in the form supplied by the Stationary Office, Calcutta. Such indents shall be submitted to the Inspector – General on or before the 15th June each year. Head clerks are required to make themselves familiar with the provisions of the Punjab Printing and Stationary Manual, which affect procedure in the police department.

 

(2) Care shall be taken that the cost does not exceed the annual allotment of funds.

 

(3)       Superintendents and Deputy Inspectors – General shall each submit an annual estimate, in form B. M. I., of the total expenditure on account of English stationery for the following year, to the Inspector – General, not later than 1st July in each year.

 

(4)       The requirements of stationery shall be estimated for a calendar year on the basis of actual expenditure for ten-and-a-half months and average expenditure for one-and-a-half months. The balance stock in hand shown shall be that remaining after deducting one-and-a-half months average expenditure as above.

 

11-41. Instructions for the preparation of indents for stationery – Heads of offices and their head clerks are personally responsible for utilising their allotment of funds for the purchase of stationery to the best advantage. The annual indent must receive very careful attention, and must not be treated as a matter of routine. Types of stationery and envelopes suited to the actual requirements of the office must be selected; quantities must be carefully calculated in the light of actual requirements and stock in hand; the mere repetition of previous years’ indents must not be allowed. The indent for pens, pencils, inks and miscellaneous requisites must similarly be framed after a detailed survey of what is required to meet reasonable expenditure under proper supervision. A model scale is given as appendix J, Punjab Printing and Stationery Manual, and should be taken as a guide.

 

11-42. Indents for forms – (1) The instructions contained in the Punjab Printing and Stationery Manual must be carefully followed mission of all indents for forms. Superintendents of Police are not authorized to indent direct on the Superintendent, Government Printing, the Central Jail Press or Government contractors. Their indents will be consolidated and forwarded by the Deputy Inspector – General, Government Railway Police, will indent direct for their own requirements. The original indents must contain all instructions regarding the binding of any forms which have to be bound into registers, also the full address to which such forms and registers are to be dispatched. The same care must be exercised in the preparation of indents for forms as is enjoined in the case of stationery indents. (Rule 11-41). Balances in stock must be verified by a responsible official, the balance of each form, whether it is being indented for or not, being shown in the indent. Dates fixed for the submission of indents must be strictly adhered to ; otherwise the Press will not be responsible for any delay which may occur. Printing cannot be commenced until all indents are received.

 

(2) Supplementary indents must be avoided as far as possible. Only in very special circumstances will a supplementary indent be passed, and the reasons necessitating such an indent must be stated in every case. These indents should be submitted through the Deputy Inspector –General who, if he passes them, will forward them to the Inspector –General of Police for station.

 

(3) When forms, etc., are packed in gunny cloth or gunny bags, the indenting officer concerned should arrange to retain such packing material, and, when a sufficiently large quantity has been collected, should return it by goods train to the Superintendent, Government Printing, Punjab. All invoices for forms, etc., supplied should be returned, duly acknowledged, to the Superintendent, Government Printing, Punjab, within a fortnight.

 

11-43. Universal Forms and Standard Official Envelopes – (1) Consolidated annual indents for universal forms and standard official envelopes are due with the Superintendent, Government Printing, Punjab, on the 1st April of each year, Indents are made on U.F. No. 35, and should be forwarded to reach the Deputy Inspector – General of the range by the 1st March. Deputy Inspectors – General are required to scrutinise all indents carefully, and to cut down demands which appear to scrutinise all indents carefully, and to cut down demands which appear excessive in view of stocks in hand and the normal requirements of the office concerned. Notable variations in demands between offices of equivalent status should be noticed and rectified. Scrutinising officers shall be guided, further, by the provisions of the Printing and Stationery Manual.

 

(2) Forms required for use in the offices of Deputy Inspectors – General of ranges, should be included in the consolidated indents; the indents of the Deputy Inspector – General, Criminal Investigation Department and Assistant Inspector – General, Railway Police, should be prepared on U.F.35 and forwarded direct.

 

(3) Printing of addresses and franks on envelopes is not allowed. For despatching by post papers of an unimportant nature, wrappers (to be obtained from the Superintendent, Government Printing), should be used if practicable. The number required should be stated on U.F.35, and proportionate reduction made in the number of envelopes ordered. Cloth-lined envelopes are intended to be used for confidential or specially important papers only and the supply allowed shall be kept as low as possible. To permit of envelops being used more than once, full use shall be made of “National Economy Slips” U.F.51.

 

(4) Rules regarding the supply of file boards, which are classed as Universal Forms, are contained in Chapter 8 and Appendix N, Punjab Printing and Stationery Manual.

 

11-44. Standard departmental forms – Consolidated annual indents for standard English departmental forms, in Form 11-44m are due with the Superintendent, Government Printing, on the 15th of September of each year, and with Deputy Inspector General on 1st August. The procedure in the offices of Deputy Inspector General, Assistant Inspectors General and Superintendents of Police is the same as in the case of indents for universal forms. Standard departmental forms are those authorized in the present edition of Police Rules, or introduced from time to time by means of correction slips to those rules. Indenting officers are not authorized to require any alteration to be made in any standard form. Envelopes, other than those indented for under rule 11-43 are not authorized.

 

11-45.  Non-Standard departmental forms – No non-standard form maybe indented for without the sanction of the Inspector General of Police, obtained in the case of Superintendents of Police, through the Deputy Inspector General. Such sanction will only be given in exceptional circumstances and for definite reasons, which must be explained.

Consolidated indents for non-standard forms, in form No. C. –O.- No. B. 1, copies of which are obtainable from the Superintendent, Government Printing, are due on the same dates as those for standard forms. Samples of forms required must be attached to the indent.

 

11-46.  Account forms – Indents for treasury and accounts forms are due with the Superintendent, Government Printing, Punjab, on the 1st October annually and with Deputy Inspector General on the 1st September.

 

11-47.  Standard departmental Urdu forms – Consolidated indents for standard departmental Urdu forms are due with the Superintendent, Government Printing, Punjab, on the 1st of July annually and with Deputy Inspector General on the 1st June.

 

Indents should be prepared by Superintendents of Police in Form 11-47. As regard consolidation and scrutiny, the procedure prescribed in rule 11-42 shall be followed.

 

As regards non-standard Urdu forms, rule 11-44 applies, except that the date for submission of indents to Deputy Inspector General is the 1st of June.

 

11-48.  Account of expenditure of stationery and Forms – (1) The supply of English stationery and forms shall, on receipts be examined by a gazetted officer. It shall then be made over to one of the clerks of the English Office for safe custody under lock and key. Such clerk shall keep an account of the expenditure in the form supplied by the Superintendent, Government Printing, Punjab, Lahore. Attention is invited to rules 10-26 to 10-32 Punjab Printing and Stationery Manual regarding the procedure to be followed in case of defects or shortages.

 

(2) Country stationery and Urdu forms shall on receipt be examined by the prosecuting inspector. They shall then be made over to, and accounted for by, the Vernacular Record Keeper under the general control of the prosecuting inspector. The form referred to in sub-rule (1) above is U. F. 96 and shall be used for the record of stocks of both English and Urdu stationery and forms.

 

(3) Paper used in Urdu police offices shall be either jail-made paper or that specially supplied for carbon copying. Supplies for police stations, including supplies of carbon paper and indelible pencils, should ordinarily be sent out in quantities sufficient for a full year, a half year’s stock being maintained at headquarters. The consumption at police stations, however, inevitably varies considerably with the fluctuations of crime and their stock of material for carbon copying must on no account be allowed to become exhausted. Demands for replenishment must be submitted in good time by police station clerks, and must be promptly met.

 

11-49.  Stock register of printed forms, etc. – A stock register of printed forms, envelopes, registers, etc., shall be maintained in the Central Police Office and all other polices. The form for this register is standardized, and requirements shall be included in indents submitted in accordance with rule 11-42.

 

11-50.  Page numbers to police station registers – All police station registers shall be paged in English in the office of Superintendent before issue to police stations. The number of pages in the register shall be noted on the inside of the cover under the signature of the prosecuting inspector or a prosecuting sub-inspector.

PART III

Gazettes, Publications And Contract

 

11-51.  The Police Gazette – The Gazetted is published in two parts in both English and Urdu –

 

Part I – Departmental Orders.

 

Part II – Notifications regarding additional police, police station boundaries, plague, appointments, promotions, reductions, dismissals, transfers, rewards (in cases of exceptional interest or importance only), examinations, leave pension, etc.

 

  • The Criminal Intelligence Gazette – (1) The Criminal Intelligence Gazette is published by the Criminal Investigation Department. As much publicity as possible with in the department shall be given to its contents, and information published in it regarding arrests and identifications wanted, warning, etc., shall be feely disseminated to the public ; the gazette as a whole, however, may not be shown to non-officials.

 

(2) Information on the following matters may be published in the Criminal Intelligence Gazette, and should be submitted in the forms noted:-

 

(a)       Valuable property lost or stolen or found and awaiting identification [Form 22-79 (I) (d)]. Notices shall be sent only when the circumstances, nature of the case and the description available of the property are such as to render publicity valuable.

 

 

(b)       Proclaimed offenders and absconders [Form 23-22 (I)]. Notices shall be sent only when wide publicity is necessary as a warning against the offender and as an aid to his arrest, and when full particulars likely haunts, associates and description are available.

 

Note – When notices are sent for publication regarding absconding suspects wanted by the police, by against whom a warrant has not been issued, the officer submitting the notice will be held personally responsible in any legal proceedings for defamation or the like, which may arise form the publication.

 

(c)        Arrests of proclaimed offenders and absconders will be published in important cases only, or, when “wanted” notices under clause (b) above have previously been published.

 

(d)       Persons lost or missing [Form 22-79 (I) (b)]. In important cases only and provided a complete description of the person lost or missing is forthcoming.

 

(e)        Unidentified persons found dead [Form 22-79 (I) (a)]. In important cases in which a complete description of the dead body is forthcoming.

 

(f)        Lists of bad characters entered in Police Station Register No. X, who have left their homes and cannot be traced [Form 23-4 (I)]. These will only be published in the circumstances indicated in clause (b) above.

 

(g)       Descriptive notes regarding offences of a novel or professional type, including cases of coining, note-forging, fraudulent conspiracy, professional poisoning and cheating, and memoranda embodying the shifts and artifices of criminals, and special measures employed in countering them.

 

(h)       Reports regarding suspicious vagrants, strangers, loafers, etc.

 

(i)        Loss of passports, etc.

 

(j)        Notices regarding loss and recovery of arms according to the instructions contained in Criminal Investigation Department Circular No, 4986, dated 14th December 1923.

 

(k)       Material for publication in the Criminal Tribes Supplement.

 

(3) Except as prescribed above, no particular form is necessary for matter intended or publication, but the general form of the notices published in the Criminal Intelligence Gazette shall be followed. The matter should in all cases be in narrative form. A gazetted officer shall personally draft, or carefully revise the drafting of, and sign all matter intended for publication, so that it may be sent to the press in the form in which it is received. All matter intended for publication in the Criminal Intelligence Gazette should be despatched, as soon as it is ready, in ordinary covers, addressed to the [Deputy Inspector General, Crime]. In urgent cases special supplements will be issued within twenty-four house; notices in such case should be marked “urgent – for special supplement”.

 

11-53.  Notices for insertion in the Police GazetteNotices for insertion in Police Gazette shall be despatched in envelopes marked “Gazette” on the upper left hand corner, and may be sent direct to the office of the Inspector General, except where a channel of submission is prescribed by rule. They shall be written on one side of the paper only and headed “For publication in the Police Gazette”. No covering letter is required, but drafts must be signed by a gazetted officer; all drafts must be in the form commonly used in original as manuscript for the press. Notices which are delivered in Lahore after Tuesday afternoon, cannot ordinarily be inserted till the week next following.

 

11-54.  Advertisements in the Police and Criminal Intelligence GazettesThe Police Gazetted, both in English and in Urdu, may be used as a medium for advertisements. Departmental advertisements of a public character shall be inserted free of charge in the Police Gazette. Private advertisements and notices of rewards offered and property or persons lost or found will be published in the Criminal Intelligence Gazette, provided they shall have been paid for in advance at the rate of one anna for every ten words for each insertion, and the money credited to Government. Superintendents forwarding such advertisements or notices shall state the sums paid under this rule.

 

11-55.  Supply and binding of Police and Criminal Intelligence Gazettes(1) Copies of the Police and Criminal Intelligence Gazettes in English and Urdu are supplies free to all police officers whose official duties require them to maintain a file of these publications. Heads of offices shall intimate any changes required in this distribution to the Assistant Inspector-General of Police, Punjab, and the Assistant Inspector-General of Crime and Criminal Tribes, in the case of the Police and Criminal Intelligence Gazette respectively.

 

(2) Officers may obtain additional copies of either edition of the Police and Criminal Intelligence Gazette on payment in advance at the following prices:-

 

Part I of the Police Gazette, Rs.5-12-0 per annum or one anna and nine pies per copy.

 

Part II of the same gazette, Rs.11-6-0 per annum or three annas and six pies per copy.

 

The Criminal Intelligence Gazette, Rs.15-0-0 per annum or four annas and nine pies per copy.

 

Excise Supplement to the Criminal Intelligence Gazette, Rs.5 per annum or one anna and six pies per copy.

 

Such payments shall be credited as directed in Appendix 10-31(1) and the treasury receipt shall be attached to applications for supply of copies. The prices are liable to alteration from time to time.

(3) On receipt of the index, which is issued for each edition of the two gazettes as soon after the 31st December as possible, all copies which are issued free shall be bound in accordance with the directions in rule 11-57.

 

(4) Neither the Police nor the Criminal Intelligence Gazette may be sold to members of the public, and police officers are prohibited from allowing non-officials to have access to their copies.

 

11-55-A. District Criminal Intelligence Gazette Superintendents of Police are required to issue a District Criminal Intelligence Gazette in Urdu for circulation among Police Stations, of their districts and such adjoining districts as is considered necessary. Ordinarily it will be a weekly publication. Such gazettes shall include:-

 

(a)       a brief resume of the crime in the district since last publication;

 

(b)       particulars of cases of an interesting nature, deductions from a study of modus operandi records as to particular gangs or individuals at work and departmental notices and orders provided this matter is not published in the Punjab Criminal Intelligence Gazette;

 

(c)        such other matter as Superintendents of Police consider should be published.

 

11-56.  Supply of Police Rules and other subsidiary manuals – (1) Copies of English editions of the Police Rules and authorized subsidiary manuals are supplied once at Government expense to all gazetted officers, to Inspectors and Sub-Inspectors who know English and to Sergeants. Copies of the Urdu edition of the Police Rules are supplied once to Inspectors and Sub-Inspectors who do not know English and to all Assistant Sub-Inspectors. In the event of any volume being lost the holder will be required to refund the cost. Every officer is responsible for keeping his copy of the rules up-to-date.

 

(2) English and Urdu copies are also supplied once to all police stations, offices and police lines, and to the Police Training School and Urdu copies to all Police out-posts other than those in the charge of Assistant Sub-Inspectors, according to the scale fixed by the Inspector-General of Police. Losses shall be replaced either at Government expense or at the cost of individuals according to the circumstances of each case.

 

(3) Officers desirous of purchasing copies of Police Rules may obtain them form the Superintendent, Government Printing, Lahore, the price shall be credited into the local treasury, the treasury receipt being forwarded to the Superintendent, Government Printing, Lahore.

 

(4) Corrections to Police Rules will be published in the Police Gazette by the Inspector-General of Police when necessary. No memorandum or instructions issued by the Inspector-General of Police or any officer subordinate to him shall have the effect of altering any Police Rule, unless it is definitely stated to be a correction and, as such published with the authority of the Provincial Government.

(5) Concurrently with their publication in the Police Gazette copies of all corrections to Police Rules will be sent in correction slip form to all holders of copies of the rules. These corrections slips will be printed on one side of the paper only and in the same type as and on paper of the same width and with the same margin as the volume which they emend. They will be serially numbered in block type in the left hand margin.

 

(6) Minor verbal corrections, and other corrections where space permits, shall be copied into the original volume by hand; in such cases the serial number of the correction slip shall invariably be copied in the left hand margin also, after which the correction slip itself may be destroyed.

 

(7) A list of correction slips will be issued to all holders of Police Rules and allied manuals, who will on receipt paste it into the spare binding edges provided for the purpose at the end of each volume.

 

(8) when one correction slip cancels another previously issued, the cancelled one shall be removed and destroyed and the index shall be correspondingly corrected.

 

11-57.  Supply of publications, book binding and printing – (1) Government publications, including Acts of the Central and Provincial Legislatures, are supplied as required to police officers under arrangements made by the Inspector-General of Police in accordance with the provision of Punjab Printing and Stationery Manual. Changes in the requirements of districts in this respect, due to increases or reductions in the number of police stations, etc., shall be notified to the Inspector-General of Police as they occur.

 

(2) Requirements in respect of the binding of blank book of forms shall be carefully stated in the indents for such forms (vide rule 8-3, Printing and Stationery Manual). The periodical binding of returns and other records required by Police Rules to be bound shall be done under the instructions (general or special) of the Superintendent, Government Printing, –vide rules 8-1 to 8-5, of the same publication. Records, which cannot be allowed to leave the office, or cannot be spared for the time required by the Government or a Jail Press to do the work, may be bound either by the office daftri or by a local Press, subject to the conditions prescribed in the rules referred to above. The cost of such local binding shall be met from the contingent grant, – [vide Appendix 10-111(1)].

 

(3) Except in the case of very urgent work, the cost of which is within the limits prescribed in items 4-A and 4-B of rule 20-6 in Punjab Financial Handbook No.1, police officers are prohibited from having printing work execute at private presses. The procedure in all cases shall be as laid down in rule 2-20, Punjab Printing and Stationery Manual.

 

(4) Survey maps required by police officers in their official capacity shall be obtained on indent to be submitted to the Inspector-General who will include them in the consolidated indent to the Map Record and Issue Officer, Calcutta. Indents should reach the Central Police Office by the 1st June annually. The cost of maps so supplied will be charged to the contingent grant of the Inspector-General. Revenue, Muncipal and District Board maps shall be obtained from the Deputy Commissioner or the local authority publishing them and paid for from the contingent grant of the office for which they are purchased.

 

11-58.  The Library Register – Each Deputy Inspector-General and Superintendent shall maintain a library register in Form 11-58 of books and publications other than newspapers supplied to him at the public expense for official use. Every fresh receipt shall be entered in the library register. The serial number of the register entry, the name of the office and the date of receipt shall be endorsed on the title page of the book and a label containing similar particulars shall be affixed to the back of the cover. Gazettes and similar periodicals shall be kept in file boards and brought on to the library register as soon as they bound.

 

11-59.  Custody and issue of library books – All publications belonging to the library, which are not in constant use by and kept, under due authority, on the tables of particular officers, shall be kept in locked cupboards. The library clerk shall keep the keys of these cupboards and be responsible for the completeness of the library. The whereabouts of every book, whether permanently or temporarily off the shelves, shall be noted in the library register and periodically checked.

 

11-60.  Inspection of the library by inspecting and relieving officers – Inspecting and relieving officers shall ascertain that the library is complete and in good order. Such books as have become obsolete may be destroyed under the authority of the Superintendent of Police personally Bound volumes of the Police Gazette may be destroyed after 15 years. The destruction of other books shall be left to the discretion of Deputy Inspectors-General, when examining the library registers at their inspections of districts.

 

11-61.  Contracts – (1) No contract binding Government as one of the parties shall be entered into by a Superintendent of Police on his own authority. Contracts for the supply of clothing and stores may be executed by the Inspector-General of Police, and contracts or other instruments connected with the lease, sale, hiring or purchase of land or buildings may be executed by the Inspector-General of Police, Deputy Commissioners or by the Public Works Department according to circumstances and in accordance with the orders contained in Part IV of the Law Department Manual, 1926.

 

(2) Any existing contract or other instrument, which has not been executed as above shall be reported for orders to the Inspector-General of Police.

 

11-62.  Bonds – Bonds taken in the Police Department to secure the due performance of duty shall be executed only in one or other of the forms authorized by the Inspector-General of Police. Specimens of these forms may be obtained on application to the Central Police Office.

 

11-63.  Supply of copies of Police records – (1) No document or record belonging to, or in the custody of the police, and no copy or extract from such document, shall be furnished to any private individual or to any Government servant for his private, use, save under the authority of an express provision of the law, or by order of a Court acting within its legal powers, or a general or special order issued by a competent authority in respect of any class of classes of documents.

(2) By a general order of the Inspector-General extracts, or copies from files of departmental proceedings, may be granted to police officers or ex-police officers for the purpose of preferring appeals.

 

(3) Except in cases where copies are required by law, or other competent authority, to be given free, fees shall be charged for all copies at the same rates as are in force for the time being in the civil courts, and shall be paid as follows:-

 

(a)       Half to the copyist.

 

(b)       One-tenth to the examiner

 

(c)        The remaining amount shall be credited into the treasury as Police Income under head “Fees, Fines and Forfeitures”.

 

11-64.  Cancellation of stamps – (1) Court fee stamps upon dutiable instruments presented to or issued by police officers, shall be cancelled in the manner prescribed in Chapter 4-C, Volume IV of the Rules and Orders of the High Court, 1931.

 

(2) The first hole to be made on receipt of a document bearing a court fee stamp and on the issue of a copy shall be made by a small circular punch; the second hole to be made on receipt of a copy shall be made by a small triangular punch; and the third hole, in the case of a copy shall be made, when the record is finally filed, by the record-keeper with a small square punch.

 

11-65.  Certain copies requiring to be stamped – When copies of documents falling under Articles 6, 7 and 9 of Schedule I of Act VII of 1870 (The Court Fees Act), and Article 25, Schedule I of Act II of 1899 (The Pakistan Stamp Act, are submitted with petitions without being stamped, the petition should ordinarily be returned to the sender or presenter with direction that orders cannot be passed unless it is resubmitted with the copy duly stamped.

 

11-66.  Literary works by gazetted officers – Information regarding literary works of a public or official character undertaken by gazetted officers shall be reported through the Inspector-General to the Secretary to Government, Home Department, for incorporation in the History of Services of gazetted officers.

 

PART IV
Urdu Office

 

11-67.  Diary of Urdu correspondence received – (1) A diary of Urdu correspondence in Form 11-67(1) shall be maintained by the diarist in the office of every Superintendent. Every Urdu petition, report or other communication, not being a periodical statement or return or case diary, shall be entered in the diary for the year in which it was written.

 

(2) A clear abstract of each document received, shall be entered in the appropriate column of the register. The manner of disposal by the diarist of each document received shall be briefly noted in the column provided for the purpose. Final disposal shall be noted by a reference to the despatch register in the last column of the form.

 

(3) The diary shall be bound in quarterly or half-yearly volumes, and shall be kept for two years.

 

11-86.  Despatch book of Urdu correspondence – (1) A despatch book of Urdu correspondence in Form 11-86(1) shall be maintained by the despatcher in the office of every Superintendent. It shall be bound in quarterly or half yearly volumes and kept for two years.

 

(2) All Urdu communications by the Superintendent and ordes, other than copies or extracts from the order book or standing order book, shall be entered. When papers previously received are to be despatched with orders endorsed on the original, the entry in columns 2 and 5 of the form shall be sufficiently clear to permit of the purport of both the original document and the order on it being understood, and of its disposal being traced. In such cases cross references shall be made in column 7 of both the receipt and despatch registers.

 

11-69.  Receipt and despatch routine – (1) Al Urdu correspondence received shall, except as provided in rule 11-23, be opened by the diarist, who shall distribute to the branches of the office those papers which he is not required to enter in the receipt register (vide rule 11-67(1)). Other receipts shall be similarly distributed with the minimum of delay after being entered in the register.

 

(2) With all correspondence despatched from one police office to another, including offices subordinate to the district police office, a challan in Form 11-69(2) shall be sent, containing a detailed list under the main classes of correspondence of all papers sent. The diarist or station clerk, as the case may be, of the receiving office, shall sign and return these challans to the office of issue, where they shall be kept in yearly bundles for two years.

 

(3) All correspondence for despatch from the office of the Superintendent of Police shall be made over to the despatcher. Orders and papers requiring copying shall be dealt with by the copyist, under the supervision of the diarist or despatcher. The despatcher shall make out challans, write up his despatch register and send off correspondence with the minimum of delay.

 

(4) In every district a standing order shall be framed, with the approval of the Deputy Inspector-General of the range, to regulate the distribution of papers between the different branches of the Urdu office, but a clerk of each branch shall be responsible for receiving from, or handing over to, the diarist or despatcher all papers which pass through those branches, and all such papers, even if they are to pass from one branch of the office to another, shall be entered in the despatch register.

 

Example – An order issued by the Superintendent to the prosecuting inspector shall be taken by the assistant reader to the diarist for record and despatch.

 

11-70.  Ordinary correspondence – (1) General Urdu correspondence shall be kept as follows:-

 

(a)       Monthly district files containing copies of general parwanas issued and miscellaneous papers not connected with particular police stations.

 

(b)       Annual files by police stations of daily diaries.

 

(c)        Annual files by police stations of parwanas.

 

(d)       Annual files by police stations of miscellaneous papers.

 

These files shall be destroyed after two years, but files of class (a) shall, before destruction, be seen by the prosecuting inspector, who will bring to the notice of the Superintendent of Police any order, which he considers should be preserved for permanent record as a standing order.

 

(2) The record-keeper shall maintain a register in Form 11-70(2) showing the receipt and issues of all files, in and from the record room.

 

11-71.  Method of record of orderly head constable’s and Accountant’s papers – (1) All papers relating to enrolments, promotion, transfers, leave and other matters concerning the orderly head constable’s branch, regarding the record of which there are not special orders, shall be filed in separate files under each head; such files shall be either annual, half yearly or quarterly according to the volume of the work in different districts and, on completion, shall be kept in orderly head constable’s branch for five years and then destroyed. Each file shall have an index, showing the detail of its contents, attached to it.

 

(2) Papers other than those shown in Appendix 11-36 shall be maintained in the accounts branch in monthly bundles and destroyed after the period noted against each:-

 

Years
(a) Advice Note (Rule 10-42)      …        …        … 1
(b) Application for recouping permanent advance            … 3
(d) Miscellaneous papers …        …        …        … 1

 

Appendix no. 11-4-A
  1. O. No. 890-G-37/5814 (H – Gaz)

Dated Lahore, the 19th Februay, 1937.

 

Subject:-          Relief to be given to Deputy Commissioners and other Administrative and Executive Officers in clerical work.

 

My Dear Sir,

 

I am desired to inform you that at the instance of His Excellency the Viceroy, an exhaustive inquiry was recently held into the touring of district officers. The latter were asked to bring to the notice of Government any matters which tended to interfere with their touring. The inquiry has elicited an almost general complain:-

 

(i)        that unnecessary references are often made to district officers by the Secretariat or by Heads of Departments asking for information or reports, and

 

(ii)       that where necessary references are made, inadequate time is sometimes given to reply them.

 

  1. Proposals which are circulated from the Secretariat for opinion consist of Legislative measures and other references. With regard to the former, there are Standing Orders (paragraph 517 of the Secretariat Instructions) that it is undesirable to add to the pre-occupation of district officers by asking for opinions on questions of which they have little knowledge, or which do not seriously affect their districts, and the attention of all officers in the Secretariat has recently been drawn to these instructions with a view to ensuring that superfluous calls are not made on the time of Deputy Commissioners to divert them from their more important duties.

 

  1. With regard to other reference, the Governor in Council acting with Ministers has been pleased to lay down the following principles for observance in the Secretariat:-

 

(i)        No call for information should be made, unless it is necessary for the disposal of a case, and is not available in the Secretariat or office of the Head of Department concerned.

 

(ii)       While Commissioners and Deputy Commissioners should be freely consulted about questions of policy or particular cases affecting their charges, care should be taken to see that references are not made, unless it is clearly desirable to have the views of the Commissioner or Deputy Commissioner and, in particular, the pernicious practice should be checked of making references with the object of temporarily getting rid of a case.

 

(iii)      Where a reference is necessary, reasonable time should be given for a reply. What is reasonable will depend on the nature of the case. Sometimes it is necessary to have an immediate reply; at others an early reply is necessary. Often a period of two or three months may safely be given. Unless the case is immediate or very urgent, referring authorities should give adequate time for the material necessary for a reply to be collected.

 

(iv)      Complaints or applications are often made direct to Government, which relate to matters of a purely local character. Sometimes they are sufficiently important or serious to merit a report to Government by the local authorities. More often they can be left to the latter for disposal. Where this is the case, there are two ways of dealing with them in the Secretariat; the first is to return the complaint or application to the sender for presentation to the proper authority, and the second is to send it in original through the proper channel to the competent authority for disposal. Where the first method is appropriate, it is to be preferred to the second, since it helps to check a tendency which is on the increase. In any case, the primary principle should be observed not to call for reports from local officers on applications and complaints of this kind, unless it is clearly desirable for Government to take up the matter. The practice of sending references from the Secretariat marked “ for disposal or report” shoulc cease. The endorsement should make it clear whether the reference is for disposal or for report.

 

  1. The above principles apply equally to Council questions. The great majority of these can be disposed of without reference to local officers. Sometimes when a question consists of several parts, a reference to local officers is necessary only in regard to one or two of these parts. Where a reference is made, it should be stated in regard to which parts information is required. Further, where a question asks for information which will require considerable time and labour for its collection, local officers should not be asked to supply this information, unless the Secretary concerned is satisfied that the information may reasonably be given in spite of the time and labour involved. Where he does not think that this is the case, he should obtain the orders of the Member or Minister concerned before starting inquiries which may later prove unnecessary. When it is decided not to collect information required to answer a Council question, the proper answer is – “It is not in the public interest to collect this information”.

 

  1. In order to secure that the above orders are observed, the following procedure is prescribed:-

 

(i)        Except in purely routine matters, no reference to Commissioners or Deputy Commissioners should be made without the approval of a gazetted officer, Important references should receive the approval of the Secretary or the Head of the Department concerned, unless thay are of an immediate nature and the approval of the Secretary or Head of the Department cannot be obtained without delay.

 

(ii)       Commissioners of Division should bring to the notice of the Chief Secretary by demi-official letter cases in which unnecessary references are made or inadequate time is given for the disposal of necessary references. The Chief Secretary will submit the reference of the Commissioner to the Member or Minister concerned, who will no doubt wish to satisfy himself that the orders of Government have been observed.

 

  1. The above orders relate primarily to references of Commissioners and Deputy Commissioners. They will also apply mutates mutandis to references by the Secretariat and Heads of Departments to other administrative and executive officers, e.g., in the Irrigation Branch of the Public Works Department hey will apply to references by the Secretariat to Superintending a Executive Engineers; in the Agriculture Department they will apply to references by the office of he Director of Agriculture to Deputy Directors of Agriculture and a Extra Assistant Directors of Agriculture, and so on.

 

  1. IN order that the foregoing instructions are not lost sight of they should be embodied in departmental Manuals.

 

Your Sincerely,

 

  1. H. PUCKLE,

Chief Secretary to Government, Punjab

To –

 

(i)        All Heads of Departments in Punjab

(ii)       The Registrar, High Court of Judicature at Lahore.

(iii)      All Commissioners of Divisions, Deputy Commissioners and District and Sessions Judges in the Punjab.

 

 

 

 

Appendix no. 11-6

Rubber stamps and punches to be kept in Police Offices. The following rubber stamps and similar appliances, obtainable on payment from the Stationery office, Calcutta, under the regulations contained in Chapter 12, Punjab Printing and Stationery Manual, should be kept in district police offices:-

 

  • English Office

 

 

 

(1)       Office rubber stamp – to stamp English communications received.

  • “Confidential” stamp.
  • Stamp bearing designation of head of office.

 

 

 

  • Account Branch.

 

To stamp receipts and vouchers:-

 

  • Revolving date stamp.
  • “Cancelled” stamp.
  • Additional Police Stamp.
  • Lock-up allowances stamp
  • Police deposit stamp.

 

To stamp bills and voucher:-

 

  • 26 – Police, D. E. F. (Provincial) reserved –

 

  • Travelling allowance (non-voted).
  • Travelling allowance (Voted).
  • Other allowance and honoraria.
  • “C” class contingencies.
  • Supplies and Services.
  • Contact contingencies.
  • Debitable to General Police Fund.
  • Constabulary – Leave salary.
  • Constabulary – Pay.

For cancelling court-fee stamps and punching stamps affixed to vouchers and acquittance rolls:-

  • A small circular punch.
  • A small triangular punch.
  • A small square punch.

 

Appendix no. 11-26-(1)

 

Detailed rules regarding classification of correspondence under

subject – heads.

 

 

  1. If experience show that under any particular main subject head there are too many files, such subject may, under the authority of Superintendent of Police, be divided into as many further subject-heads as may be considered convenient; and similarly if there are too few files under any subject-head, two or more chapters may be combined together under one head. For example, Chapter 10 might be divided into 10-A – Contingencies and 10-B – Other Account, whilst Chapters 25-27 might be combined under one subject-head as No, 25 –Crime.

 

  1. When a file can be appropriately entered in the file register under more than one head it may be entered under such other heads without being given a serial number and a cross reference may be given in column 4 and 5 to the subject-head under which it has been given a file number.

 

  1. Letters should be registered under the most definite head appropriate to them; for instance a return or correspondence connected with the clothing fund should be registered under “Clothing” (number 4) and not under “Accounts” (number 10). The index to Police Rules will show the chapter heading and, consequently the main file number, to which any subsidiary subject belongs.

 

Appendix no. 11-27

 

INSTRUCTIONS REGARDING OFFICE PROCEDURE.

 

 

 

  1. Urgent receipts shall be submitted to the gazetted officer concerned on the date of their receipt in the office.

 

  1. The head clerk or assistant clerk dealing with the file is responsible that it is sent up complete with all the necessary papers paged, and prepared throughout in accordance with orders.

 

  1. The head clerk is empowered to send to the copyist for issue ordinary reminders and simple drafts in cases in which the orders have been clearly given, and as to the nature and mode of the conveyance of which there can be no doubt. All other drafts should be signed by such office, whenever possible.

 

  1. Files shall not be left lying about uncared for. When done with for the time being, they shall be kept on side tables or on shelves. Torn or frayed papers shall be repaired at once; the record-keeper is responsible for having such repairs carried out.

 

  1. Alphabetical indicating slips should be pinned on papers referred to in notes or correspondence. The page should also be cited in the noting. Such slips should be removed as soon as the need for them has passed.

 

  1. Whenever fresh papers are added, the officer or clerk adding them should page them.

 

  1. Whenever it is necessary to remove any pages from a file, a slip should be inserted showing when; and whey they were removed, and where they are to be found.

 

  1. The clerks responsible for the compilation of returns shall see that they are received punctually and bring delay to the notice of the head clerk. On receipt of the first retune, referring to a particular subject, the clerk concerned shall insert in the file cover a record slip, in which are noted all the police stations and, at the top, note the subject and refer to the order prescribing the returns and the date on which they are due. As the retunes are received, the date of receipt shall be entered opposite each police stations, and the retunes, after necessary check, shall then be posted into the general statement.

 

  1. All office copies of communications, including demi-official letters, which may have to be filed with any case, shall ordinarily be written on paper the size of foolscap folio or half foolscap folio size. The first impression of typescript should be sent tot eh address.

 

  1. When an acknowledgment is required to a communications, the letter shall either be sent registered and “acknowledgement due,” or a printed or typed acknowledgment slip shall be sent with the letter. On the return of such acknowledgment slip, it shall be attached to the office copy of the letter which if refers without being numbered or entered in the register.

 

  1. Any law books or books of reference that may be required by the officer to whom a case is submitted shall accompany the file, unless copies are known to be immediately available to him.

 

  1. Continuation blank sheets for notes shall be added to cases in which further notes or orders are expected from the officer to whom the case is submitted. When a case is sent out of the office, superfluous papers and spare copies shall be removed, and only those papers sent that are necessary for the disposal of the reference.

 

  1. (1) A note may be either –
  • The briefest remarks or suggestion for the disposal of a case, as “For information” “copy to Accountant General” No orders” and the like ; or.
  • A comment on the paper under consideration, or on the previous papers in the file without any summary ;or
  • A brief summary of the facts leading up to the points for orders.

A précis is a full abstract of the papers in the case.

 

(2)       The following definite rules shall be observed, in the matter of notes and précis:-

  • The object of an office note is to assist the officer, who is required to pass orders, by referring him to rules, precedents, and previous correspondence bearing on the question for decision; by pointing out mistakes, mis-apprehensions and miscalculations in the papers under consideration and by supplying information or calculations which will facilitate disposal. A recapitulation of the case as stated in the correspondence itself is not required. Criticisms and suggestions arising merely form the personal opinion of the noting clerk himself are prohibited, but an opinion base don precedents and other formal authorities may and should be expressed.

 

  • A full note is only required when the case cannot be decided without consideration of considerable correspondence and references. Such a note should summarise only such portions of the previous correspondence as may be necessary to elucidate clearly the point or points for orders.

 

  • A précis or full abstract of case should not ordinarily be put up by the office unless called for by the gazetted officer in charge.

 

  • All orders, that are to be communicated to other officers, should be couched in language that can be easily converted into a draft.

 

  • In long notes, each paragraph should be given a serial number.

 

When a reference is made to previous notes or papers the page of the file where they are to be found should be quoted and, when necessary, indicating slips should be added.

 

(3) In cases where the reveres side of the receipt letter is blank and the papers is tout, the note may be written thereon and continued (if necessary) on a note form. When noting is unnecessary, brief suggestions may be written on the face of a letter.

 

  1. The head clerk is responsible to the head of the office for the efficient working of the whole office. His duties are:-

 

  • to exercise disciplinary control and general supervision;

 

  • to see to the regular attendance of the clerks. Personal matters relating to the clerks such as promotions, leave, etc., are submitted through the head clerk;

 

  • to arrange for the work of absentees and for the proper training of junior clerks;

 

  • to go round the office at least once a day to see that no arrear cases are being neglected, that the tables are tidy, that the clerks lying about uncared for;

 

  • frequently to inspect the record room and see that the files are being properly kept up and that work is being promptly disposed of;

 

  • to receive or open the mail, stamp the letters with the date of receipt and send them to the record-keepers, urgent letters being first marked with a blue or red slip, according to their urgency.

 

  1. (1) the copyist shall initial and date every draft he copies. He is responsible that all enclosures are fully copied and that they are attached to the covering letter or, if numerous and bulky, that they are separately labelled and marked with the number and date of the letter to which they belong and the designation of the officer to whom the letter is address.

 

(2)       Letters should be copied in order of their receipt unless marked “urgent” when they should be taken in hand at once.

 

  • If an urgent or ordinary letter remains undisposed of by the copyist at the expiration of the first or third day respectively, after its receipt by him, he shall bring the fact to the notice of the head clerk, in order that the issue of the letter may be expedited.

 

  • After letter have been copied, the copyist shall read out the drafts to the head clerk or other clerk deputed for the purpose. The latter shall initial an date the fair letters in token of their accuracy and send them up for signature.

 

(5)       After being singed, the letters together with their respective files, shall be made over to the despatcher who shall number and date them, place them in envelopes and send them off. The despatcher, having attached the draft to the file (if there is one), shall page it and, unless further action is required, retune the file to the record-keeper.

 

(6)       All letters shall be despatched from the office on the date they are signed.

 

(7)       Whenever it is necessary to send any enclosures independently of the covering letter, the letter shall indicate the manner in which the enclosures are sent. Enclosures shall be despatched the same day as the covering letter. Books and papers, when sent by book or parcel post, shall be securely packed and, if the season requires it, waterproof cloth will be used for covers. Confidential communications shall be enclosed in double covers addressed as prescribed in rule 11-10. Care must be taken to verify the title or designation of the officers addressed.

 

Care must be taken to keep down expense in postage, and the head clerk should attend to this matter. Double envelopes should not be used unnecessarily. Small letters should not be enclosed in large covers.

(8)       Post Office receipt for letters and parcels shall be kept by the despatcher in monthly bundles, which be destroyed after six months.

 

Appendix no. 11-36

 

LIST OF REGISTERS, ETC., PRESCRIBED UNDER THE POLICE RULES, TO BE MAINTAINED IN THE OFFICES OF SUPERINTENDENTS OF POLICE.

 

1 2 3 4 5 6
SerialNo. Rule. Books and Registers, etc. In charge of Supervising officer. Period after which destroyed.
ENGLISH OFFICE.
1. 3 ˙3 (2) List of places of worship on Police premises. Head Clerk     … Superintendent of Police       … Permanent
2. 3 ˙20 Register of applications for family quarters or house rent in lieu thereof. Ditto       … Ditto       … When a new one is made.
3. 3 ˙28 Register of lands in possession of the Police. Ditto       … Ditto       … Permanent.
4. 4˙34(ii) Register showing an account of material and cost of making up clothing. Ditto       … Ditto       … 5 years.
5. 4˙34(ii) Clothing stock account of new articles of clothing and materials. Ditto       … Ditto       … 10 years.
6. 5˙16 (i) District miscellaneous stores registers. Ditto       … Ditto       … Revised form time to time.
7. 5˙17 Distribution Register of miscellaneous stores. Ditto       … Ditto       … 7 years
8. 6˙2 File of copes of Standing Orders by Inspector General authorising deviations from equipment tables. Ditto       … Ditto       … Permanent.
9. 6˙3 Printed statement showing total armament of district and its distribution. Ditto       … Ditto       … 10 years.
10. 7˙32(i) Register of horses and camels on the chanda Ditto       … Ditto       … Revise yearly
11. 7˙32(2) Register of enrolled officers who are required to maintained horses. Ditto       … Ditto       … Permanent
12. 8˙13 Leave account in Form A. T. 200 under Fundamental Rule 76. Ditto       … Ditto       …
13. 9˙17(1)A and B. Age register of upper and lower subordinates. Ditto       … Ditto       … Permanent
14. 10˙14(6) Receipt Books Ditto       … Ditto       …
15. 10˙50(b) Police Land Improvement Fund Cash Book. Ditto       … Ditto       … Permanent
16. 10˙57 (2) Police Deposit Account Pass Book. (Form 65, Civil Account Code.) Superintendent Ditto       … Permanent
17. 10˙76(5) Registers of house rent allowances. Head Clerk   … Ditto       … 7 Years.
18. 11˙22 Telephone Message Books. Telephone Clerk Head Clerk 2 Years
19. 11˙24(1) Diary of receipts and despatches. District and Despatcher. Ditto       … 10 Years
20. 11˙28(1) Register of annual files. Record Keeper Ditto       … Permanent
21. 11˙32 Annual Station Delivery Register. Ditto       … Ditto       … 10 years.
22. 11˙34 Stock Book of Office Furniture. Head Clerk     … Superintendent of Police. Permanent
23. 11˙35(1) Inventory of Store Register. Ditto         … Ditto       … Permanent
24. 11˙48(1) Account of English Stationery and Forms. Stationery Clerk Head Clerk 3 years
25. 11˙49 Stock Register of Printed Forms etc. Assistant Clerk Ditto       … Permanent
26. 11˙55 Files of Criminal Intelligence Gazettes Ditto       … Ditto       … Permanent
26-A. 11˙55 Flies of Police Gazette Ditto       … Ditto       … 15 years
27. 11˙58 Library Register Ditto       … Ditto       … Permanent
28. 12˙28(1) Character rolls Head Clerk Ditto       … Ditto         …
29. 12˙28(2) Service Books Superintendent Ditto       … Ditto         …
30. 13˙6 Promotion List A Ditto       … Ditto       … Ditto         …
31. 13˙7 Promotion List B Ditto       … Ditto       … Ditto         …
32. 13˙8(1) Promotion List C Ditto       … Ditto       … Ditto         …
33. 13˙9(1) Promotion List D Ditto       … Ditto       … Ditto         …
34. 15˙11 Confidential Register of contingent expenditure incurred form head “Rewards.” Ditto       … Ditto       … Ditto         …
35. 16˙16 (1) Punishment Register Head Clerk Ditto       … Ditto         …
36. 20˙14 Registers E, F, G, H and I under the Arms Act. Ditto       … Ditto       … Ditto         …
37. 20˙18 Minute Book of meetings of Gazetted officers. Superintendent Ditto       … Ditto         …
38. 21˙8 Confidential Note Book Ditto       … Ditto       … Ditto         …
39. 22˙68 (b) List of licenses under the Excise Laws. Head Clerk Superintendent of Police Revised ye˙arly.
40. 22˙68 (c) List of licenses under the Indian Explosives Act. Ditto       … Ditto       … Ditto        …
41. 22˙68 (d) List of licenses under the Petroleum Act. Ditto       … Ditto       … Ditto         …
42. 22˙68 (e) List Of licenses under the Poisons Act. Ditto       … Ditto       … Ditto         …
43. 22˙68 (f) Lit of Serais registered under the Serais Act. (No. XII of 1867) Ditto       … Ditto       … Ditto         …
44. 24˙8 (1) Register of conizable offences. Return – Writr Ditto       … 10 years.
45. 24˙18 File of special reports Head Clerk Ditto       … Ditto         …
46. 26˙16 (2) Register of Deserters Ditto      … Ditto       … Ditto         …
ACCOUNTS BRANCH
47. 10˙5 Register in B. M. Form No.29 Accountant Head Clerk 6 years
48. 10˙14 (6) Receipt Book Ditto       … Ditto       … Ditto         …
49. 10˙17 File of Road Certificates…. Ditto       … Ditto       … When last certificate is 3 years’ old.
50. 10˙19 (2) File book of treasury receipts. Ditto       … Ditto       … 6 years.
51. 10˙20 (1) Chanda Fund Subscription Register. Ditto       … Ditto       … Ditto         …
52. 10˙27 (1) (a) General Police Fund Cash Book Ditto       … Ditto       … Permanent
53. 10˙27 (2) General Police Fund Ledger Ditto       … Ditto       … Ditto         …
54. 10˙35 (1) File books of vouchers Ditto       … Ditto       … 3 years. The sub-vouchers should not be destroyed even after the expiry of this period until departmental audit for the relevant period has been conducted and any objections relating to the voucher have been settled.
55. 10˙39 (6) Check memorandum book Ditto       … Ditto       … Ditto         …
56. 10˙42 (1)1048 (1˙)(a) Cash Distribution Register. Ditto       … Ditto       … Permanent
57. 10˙48 (1) General Cash Book… Ditto       … Ditto       … Ditto         …
58. 10˙88 (1) Gradation List of Constables. Ditto       … Ditto       … Ditto         …
59. 10˙89 (c) Register of absentees…. Ditto       … Ditto       … 6 years
60. 10˙93 Check Register of postings of lower subordinates. Ditto       … Ditto       … Ditto         …
61. 10˙108 Register of permanent advance. Ditto       … Ditto       … Ditto         …
62. 10˙110 Register of contingent charges Ditto       … Ditto       … Ditto         …
63. 10˙160 (5) Register of travelling allowance bills of enrolled officers Bill Clerk Accountant 3 years
64. 11˙33 Stamp Account Register. Accountant Head Clerk When finished a new one be started.
UNDER OFFICE
65. 4˙06 (2) Check list of issues or replacement of clothing and equipment Orderly Head Constable Reserve Inspector Permanent.
66. 8˙14 (a) Applications for leave… Ditto       … Ditto       … When finished a new one be started.
67. 8˙14(b)8˙14© Leave register with Index Ditto       … Ditto       … When finished a new one be started.
68. 11˙48(2) Stock Register to Urdu Stationery and Forms. Record Keeper Prosecuting Inspector 3 years
69. 11˙67 (1) Diary of Urdu correspondence Diarist Ditto       … 2 years
70. 11˙68 Despatch Book of Urdu correspondence. Despatcher Ditto       … Ditto       …
71. 11˙70 (2) Register showing receipts and issues of files. Record Keeper Head of Prosecuting Agency.3 years Permanent
72. 12˙13 Recruit Register.. Orderly Head Constable. Superintendent*Permanent of Police. 3 years
73. 13˙39 Urdu Personal Files. Ditto       … Ditto       … *Permanent
74. 12˙40 List of vacancies Ditto       … Ditto       … When a new one is made.
75. 12˙41 (1) Long Roll Ditto       … Ditto       … Permanent
76. 12˙16 (1) Register of postings Ditto       … Ditto       … When a new one is made
77. 14˙55 Urdu Order Book Reader   … Ditto       … Permanent
78. 145˙66 File of Standing Orders. Ditto       … Ditto       … Revised form time to time
79. 23˙20 District Register of absconders Ditto     … Head of Prosecuting Agency. Permanent
80. 23˙22 Register showing progress of action against absconders and proclaimed offenders. Record Keeper. Ditto       … 6 years
80-A 23˙22 Register of proclaimed offenders Ditto       … Ditto       … Ditto       …
81. 23˙28 Register of Criminal Tribes. Clerk in charge of Criminal Tribes work. Head Clerk Permanent
82. 27˙32 (1) Receipt and despatch register of charge sheets. Head of Prosecuting Agency 10 years
83. 27˙36 General Crime Register Head of Prosecuting Agency Head of Prosecuting Agency Ditto       …

 

 

 

 

 

 

 

 

 

 

Appendix no. 11-39 (1) (a).

 

LIST OF PERIODICAL REPORTS AND RETURENS, ETC., TO BE SUBMITTED UNDER THE POLICE RULES

BY SUPERINTENDENTS.

 

Serial # Rule. Nature of return Date of submission To whom to be submitted Period after which retune may be destroyed Remarks
ENGLISH RETURNE Years
Weekly.
1) 21˙9(I).. Superintendent’s dairy No. 1 Saturday evening Through District Magistrate to the Deputy Inspector General 2 To be sent to Commissioner or Inspector General if considered necessary
2) 21˙9(3).. Assistant or Deputy Superintendent and Probationary Assistant’s dairy. Ditto Trough Superintendent to Deputy Inspector General 2
3) 21˙12(I).. Confidential dairy No. Ii Ditto 1st copy. – Retain for record.2nd copy. –Deputy Inspector General of range.3rd copy. – Assistant to Deputy Inspector General of Police, Criminal Investigation Department.

4th copy. – Ditto     ditto.

5th copy. –Deputy Inspector General of range, through (i) District Magistrate and (ii)Commissioner.

3or more.
4) 22˙66(2).. Vital statistics Monday evening District Health Officer     … Urdu Return.
MONTHLY
5) 21˙15(1).. Monthly statement of crime With first weekly diary of each month. Through District Magistrate to the Deputy Inspector General. 3 A copy of Superintendent’s review with extract from statement to reach Deputy Inspector General on the 5th of each month.
6) 10˙83.. Salary bills, gazetted officer 1st working day in each month. Treasury Officer               … 10
7) 10˙95(I).. Salary bills, upper subordinates. Ditto Ditto 10
8) 10˙96(I)(B)&(C).. Salary bills, lower subordinates. Ditto Ditto 10
9) 10˙159(a).. Travelling allowance bill, gazetted officers. Whenever necessary. Deputy Inspector General … 5
10) 10˙159(b).. Travelling allowances, bill, enrolled officers. Ditto Treasury Officer               … 3
11) 10˙28.. Retune of income                   … 1st working day in each month. Inspector General             … 1
12) 10˙5.. Account of expenditure in B. M. Forms Nos. 29, 28 and 31. 3rd working day in each month. Ditto
13) 10˙5.. Monthly statement of expenditure Ditto Inspector General and Deputy Inspector General. 1
14) 10˙20(I).. Chalan for remitting chanda money into treasury. 5th working day in each month. Inspector General 5
15) 10˙27(3).. Return of receipts and expenditure of additional polic4e. Ditto Inspector General and Accountant General Prepared in triplicate – 1 copy for Inspector General and 2 for Accountant General.
16) 10˙95(3).. Absentee statement of Inspectors and Sergeants. Ditto Inspector General
17) 10˙95(3).. Absentee statement of sub-inspectors and assistant sub-inspectors. Ditto Deputy Inspector General 1
18) 10˙112.. Contingent bills, Ditto Treasury Officers. 5
19) 15˙24.. Return of rewards Ditto Deputy Inspector General 2
20) 16˙15(I).. Return of punishments Ditto Ditto                     ditto. 2
21) 10˙117(2)(a).. Statement showing the number, date and amount of railway warrants. Roth working day in each month. Accountant General
QUARTELY.
22) 20˙5(4).. Report of inspection duty performed by gazetted officers. 5th working day in January, April, July and October. Trough District Magistrate to Deputy Inspector General 2
HALF – YEARLY
23) 15˙21.. 

 

 

 

Recommendations for Orders and Indian titles. 1st July and 1st December. Through Deputy Inspector General to Inspector General Police. Confidential
24) 13˙9(3)..13˙10(I).. Report on the working of head constables on list D and Assistant Sub-Inspectors on List E. 15th March and 15th September in the case of head constables and 15th October in the case of Assistant Sub-Inspectors. Deputy Inspector General
25) 19˙27.. Report on probationary Sergeants and Inspectors who fail to pass their examination the Training School. When necessary Inspector General
ANNUAL
26) 23˙212.. Statement showing the result of action taken against proclaimed offenders. 1st working day of January Deputy Inspector General, Criminal Investigation Department. 1 1 copy in English and 1 in Urdu.
27) 6˙25.. Indents for arms, ammunition and ordnance stores. 1st week of January Through Deputy Inspector General to the Chief Ordnance Officers. 2
28) 21˙16(I).. Annual administration report. 15th January Through District Magistrate to Deputy Inspector General and Inspector General. Permanent.
29) 14˙23(I).. Certificates of gazetted police officers regarding additions to immovable property. Ditto Assistant Inspector General of Police, Punjab. Do
30) 21˙16(3).. Retunes appended to the annual police administration report. Ditto Inspector General Do
31) 19˙35(I).. Return showing result to target practice., Ditto Deputy Inspector General 1
32) 5˙21.. Indent for tents 20th February Inspector General 1
33) 4˙32.. Indent for war medal ribbon Ditto 1
34) 11˙43.. Indent for universal forms and official envelopes Ditto Through Deputy Inspector General to Superintendent, Government Printing. 3
35) 21˙18(2)..21˙18(3).. Criminal Tribes Report 1st April Through District Magistrate, Deputy Inspector General and Commissioner to Deputy Commissioner, Criminal Tribes Permanent A copy of the Superintendent’s report to be sent to the Assistant to the Inspector General of Police for Criminal Tribes, by the 1st April each year.
36) 16˙18.. Return of punishment for corruption 10th April Through Deputy Inspector General to Inspector General. 5
37) 10˙85(2).. Statement showing upper subordinates on leave and under suspension. 15th April Deputy Inspector General
38) 10˙105(3).. Acknowledgment of permanent advance. Ditto Accountant General 5
39) 13˙17.. Confidential report on assistant sub-inspectors sub-inspectors. Sergeants and inspectors. Ditto Deputy Inspector Genral
40) 13˙15.. Recommendations for promotion to rank of Inspector. 1st May Ditto
41) 15˙20.. Recommendation for the Kings’ Police Medal. Ditto Through Deputy Inspector General to Inspector General Confidential
42) 10˙85(I).. Establishment Return 15th May Accountant General
43) 10˙113(I)©.. Refunds of clothing deposits Ditto Inspector General
44) 10˙113(2).. Special contingent bills on account of charges for clothing and equipment Ditto Deputy Inspector General 5 *Approximately.
45) 11˙47.. Indents for standard and non-standard departmental Urdu forms. 1st June Through Deputy Inspector General of Superintendent, Government Printing. 3
46) 11˙57(4).. Indents for Survey Maps. Ditto Inspector General 2
47) 10˙170(I).. Proposals involving new expenditure. 15th June Through Deputy Inspector General to Inspector General. 5 Very urgent proposals may be submitted by 1st September.
48) 11˙40(I).. Indents for English Stationery Ditto Inspector General 2
49) 11˙40(3).. Estimate of total expenditure on account of English stationery 1st July Ditto 3
50) 15˙20(2).. Recommendations for the Indian Police Medal Ditto Through the Deputy Inspector – General to Inspector – General ..
51) 10˙166(I).. Budget estimate of police lands contingent grant 1st August Deputy Inspector – General 3
52) 11˙44,II˙45.. Indents for English standard and non-standard departmental forms. Ditto Through Deputy Inspector – General to Superintendent, Government Printing 3
53) 10˙170(2).. Proposals involving new expenditure on buildings 1st September Through Deputy Inspector – General to Inspector – General 5 Urgent supplementary proposals may be submitted by the 10th October.
54) 15˙9 (3).. Recommendations for the grant of Sanads. Ditto Deputy Commissioner ..
55) 11˙46.. Indents for treasury and accounts forms. Ditto Deputy Inspector – General 3
56) 13˙14(I).. Recommendation rolls of Sub-Inspectors considered fit for the selection grade. Ditto Ditto Permanent
57) 10˙168.. Budget estimate –29-Police-2- District Executive Force B.M.I / 139 Ditto Ditto ..
58) 10˙168(B.M.3*I).. Budget estimate-29 Police-8-Miscellanous B.M.I / 147 Ditto Ditto ..
59) 9˙17(I)B.. Returns of upper and lower subordinates due for super-annuation on attaining the age of 55 years or more. 1st October Ditto Permanent
60) 10˙168(B.M.3*I).. Budget estimate 47 – Miscellaneous Departments (Transferred) I-Provincial statistics B.M.I / 150 Ditto Inspector – General of Police
61) 10˙168(B.M.3*I)… Budget estimate XXIII- Police, Part I / B.M.I / 24 20th October Inspector – General
62) 21˙20 (I).. List of fairs and assemblies to be held during the ensuing year 1st December Ditto 1
63) 10˙4.. Recommendations for the grant of class-II commendation certificates to upper subordinates. End of each year Deputy Inspector – General Permanent

 

APPENDIX No. 11-39 (1) (B).

 

LIST OF PERIODICAL REPORTS AND RETURNS TO BE SUBMITTED UNDER THE POLICE RULES BY DEPUTY INSPECTORS – GENERAL.

 

1 2 3 4 5 6 7
S. No. Rule Nature of return Date of submission To whom to be submitted Period after which the office copy of the return may be destroyed Remarks
monthly Years
1 10-38 Salary bills of gazetted officers 1st working day in each month Treasury Officer or Accountant General 10
2 10-9510-96 Salary bills of office clerks Ditto Ditto 10
3 10-159(a) Travelling allowance bills of gazetted officers When necessary Ditto 5
4 10-159(b) Travelling allowances bills of clerks Ditto Ditto 3
5 10-5 Account of expenditure in B.M. Forms Nos.29, 28 and 31 3rd working day in each month Inspector-General
6 10-5 Monthly statement of expenditure Ditto Ditto 1
7 23-20 Monthly return of re-arrest of restricted criminal tribesmen 1st week of each month Assistant Inspector-General, Criminal Tribes
8 10-95(3) Statement showing permanent or officiating vacancies in their Clerical establishments 10th of each month Inspector-General 1
9 21-15(2) Monthly statement of crime 15th of each month Deputy Inspector-General, CID, copies to Commissioner in the range 3
10 10-95(2)(b) Absence statement Ditto Accountant-General
Half-Yearly
11 16-21 Recommendations for Orders and Indian Titles 15th July and 15th December Inspector General Confidential

APPENDIX No. 11-39 (1) (B). Contd.

1 2 3 4 5 6 7
S. No. Rule Nature of return Date of submission To whom to be submitted Period after which the office copy of the return may be destroyed Remarks
annual
12 19-35(3) Abstract showing figure of merit from musketry returns 1st February Inspector-General, Police
13 11-43 Indents for universal forms and envelopes 1st April Superintendent, Government Printing
14 21-13(2) Annual Administration Report 15th April Inspector-General Permanent
15 10-105(3) Acknowledgment of permanent advance Ditto Accountant General 5
16 16-18 Return of punishment for corruption 20th April Inspector-General 5
17 20-1 Inspection 1st May Ditto
18 21-18(2)(c) Criminal Tribes Report Ditto Commissioner
19 13-15(3) Recommendations for adminission of Sergeants and Sub-Inspectors to List F October Inspector-General
20 10-85 Consolidated district statement of upper subordinates on leave or under suspension, etc. 1st May Ditto
21 10-85(1) Establishment Return (for his own office) 15th May Accountant-General
22 15-20 Recommendations for the King’s Police Medal Ditto Inspector-General Confidential
23 4-375-11 Transactions of the clothing and equipment funds Ditto Copies of remarks of Deputy Inspector-General to be submitted after their inspections of districts
24 11-5(4) Indents for survey maps 1st June Ditto 2
25 11-40(1) Indent for English stationery 5th June Ditto

 

APPENDIX No. 11-39 (1) (B). Contd.

1 2 3 4 5 6 7
S. No. Rule Nature of return Date of submission To whom to be submitted Period after which the office copy of the return may be destroyed Remarks
annual Contd.
26 10-170(1) Proposals involving new expenditure 1st July Ditto 5 Very urgent proposals may be submitted by 15th September
27 11-40(9) Establishment total expenditure on account of stationery Ditto Ditto
28 11-47 Consolidated indents for standard departmental Urdu forms Ditto Superintendent, Government Printing 3
29 15-20(2) Recommendations for the Indian Police Medal 15th July Inspector-General
30 310(3) List of minor works, etc. 1st August Ditto
31 10-125(2) Proposals involving new expenditure on building 15th September Ditto 5
32 11-4411-45 Indents for English standard and non-standard departmental forms Ditto Superintendent, Government Printing
33 10-168(3) Budget Estimate 29-Police –District Force, B.M.I.139 10th September Inspector-General
34 10-166(1) Budget Estimate of Police lands contingent grant 25th September Ditto 3
35 10-168 Budget Estimate 29-Police-8-Miscelleneous, B.M.I.147 26th September Ditto
36 11-46 Indents for treasury and accounts forms 1st October Superintendent, Government Printing 1
37 9-17(2) Recommendation for retention of upper subordinates on attending the age of 55 October Inspector-General Permanent
38 13-15(3) Recommendations for admission of sergeants and Sub-Inspectors to Inspector’s promotion list Ditto Ditto

form No. 11-22

 

telephone message form counterfoil Telephone message form
 

Serial No.

 

 

 

 

Received from_____________________________

 

 

 

 

 

 

 

Addressed to______________________________

 

 

 

Recorded by______________________________

 

 

 

 

 

 

 

 

 

Time of call ______________________________

 

____________District 

For official use only

 

 

 

No.                                       Police Station / Office

 

 

 

 

 

From:-

 

 

To:-

 

 

Message begins:- __________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

___________________________:- Message ends

 

(Bilingual Form)


form no. 11-24(1)

Police Department                                                                                                                                                 ____________District

 

Diary of correspondence received and issued during the year _______ 19   .

 

(Note–the despatch No. of a latter issued will be the No. shown in column 1 and the date of such letter will be that shown in column 3)

 

1 2 3 4 5 6 7 8 9 10
Diary No. of receipt and despatch communication Date of entry in this register and date of despatch communication Letters Received Class of officer from or to whom received or sent to be shown thus X or the name of the officer under “Superintendent of Police” or “Miscellaneous” Reference to File No. Subject-head No. Contents of letters received or issued Remarks –Date of reminder should also be entered in pencil in this column which should be rubbed out when reply is received
Letter No. Date of Issue *a. *b. c. d. e. a. b. Subject
Superintendent of Police Miscellaneous

* As required

 

 

 


form no. 11-25(1)

 

File Cover

 

Office of ___________________________                     of Police _________________________

 

Subject-head___________________________

 

File No. _______________________________

 

Subject _____________________________________________________________________________

For previous file see No._________________________ of 19 * P – Pending or otherwise For later file see No._________ of 19.
Index to contents of this file
Form or to to whom No. of letter received No. of letter despatched Date of letter Page in this file Subject
P. 

P.

 

P.

 

P.

 

P.

 

P.

 

P.

Note – When a letter is desposed of the P. opposite it will be struck out


form no. 11-28(1)

 

Register of files and index of correspondence

 

subject – head ________________________

 

1 2 3 4
Annual No. of file Subject of the very briefly Date when files ceased to be pending Whereabouts of case with date (entries to be made in pencil to admit of necessary alteration)

 


form no. 11-28(1)

 

Register of files and index of correspondence

 

Date of receipt of stamps from treasury Value of stamps received How distributed Total distributed Receipt of receiving office
English office Urdu office X
* +

 

(Form to be drawn by hand)

 

X – As many columns as are required i.e., for each officer.

* Total in hand on quarter ending –

+ Total issues during quarter ending –


form No. 11-33(2)

stAMP REGISTER

 

 

Date of receipt of stamps from treasury Value of stamps received How distibuted Total distributed Receipt of receiving office.
English office Urdu office     X    
                 

form No. 11-39(2)

 

Check Statement of Periodical Returns.

Nature of Report or Return

Date on which due from Superintendent

Column  1.      District

  1. Date of receipt
  2. Date of 1st reminder
  3. Date of 2nd reminder
  4. Date of 3rd reminder
  5. Date of 4th reminder

 

Completed and submitted on :-

 

 


form no. 11-44

 

Police Department_____________                                                __________District or Range

 

indent for standard departmental forms (english)

 

form 1st january ___________ to 31st december 19   .

 

For the use of the _________________

 

Prepared ____________19   .

 

Despatched___________19 .

 

Serial No. No. of form Description of form Annual consumption during Average Balance in hand, verified by a responsible official Number now indented Remarks
19       . 19       . 19       .

 


form no. 11-47

 

ANNUAL INDENT FOR DEPARTMENTAL

STANDING URDU FORMS REQUIRED FOR

USE IN THE _______________ DISTRICT.

 

Serial No. No. of form Description of form Annual consumption during Average Balance in hand, verified by a responsible official Number now indented Remarks
19       . 19       . 19       .

 


form no. 11-58

Police Department_____________                                                __________District or Range

 

Register of Books and Periodicals

 

register showing all printed books, periodicals, etc., received

 

1 2 3 4 5 6 7 8 9
Register No. Title of work Name of author Particulars of publisher and date of publication Number of the edition How obtained Date of receipt Amount paid Remarks
Rs. a. p.

 


form no. 11-67(1)

 

diary of urdu correspondence received in the office of the superintendent of police for the year 19   .

 

1 2 3 4 5 6 7
Diary Serial No. Subject Name and address of writer Date of letter Date of receipt in this office Disposal of paper by receipt branch reference

 

 

 

form no. 11-68(1)

 

despatch book of urdu correspondence issued from the office of the superintendent of polce in the year 19     .

 

1 2 3 4 5 6
Despatch Serial No. Subject Address Date Disposal of paper by despatch branch Reference

 


form no. 11-69(2)

 

Challan of dak despatched by_______________________________

A.

At __________________________ M.   on                                    19       .

P.

Case Diaries _________________________

Periodical Returns ____________________

General Dak _________________________

Order Book __________________________

Despatcher

 

 

Contents received and chlan returned at (time and date).

 

Recipient


form no. 11-70(2)

 

register of files in the urdu record room

 

_________Police Department

 

1 2 3 4 5 6 7 8
No. and date of First Information Report Offence Name, parentage and residence of complainant Name, parentage and residence of accused Result of case with date, i.e., convicted, discharged or acquitted, untraced or cancelled Where sent and when Signature of recipient Date of return

Note     1 – All files shall be entered according to numbers of First Information Reports.

2 – Sufficient space shall be left between each line to admit of entries being made in columns 6 to 8 each time a file is taken out of the record room

3 Subs. by the Gaz. of Punjab Part-III. Notifi. No. 7258/M-III, dated: 27.04.1983

11 Deleted by Gaz. of Punjab. Part III, Notifi. No. 7258/M-III, dated: 27.04.1983.

Chapter X Accounts

Chapter X:

Accounts

This chapter is divided into eight parts—

  1. General Scope,
  2. Income,
  3. Payments,
  4. Cash Book,
  5. Salary and Allowances
  6. Contingent Charges,
  7. Travelling Allowance, and
  8. Miscellaneous

 PART I

General Scope

10-1.       Authority for the scope of the chapter – (a) The rules in this chapter are founded on the Fundamental Rules, Civil Account Code, Punjab Budget Manual, Punjab Treasury Manual, and Punjab Financial Hand-books. The portions of these volumes, which bear on the keeping of police department accounts, have been quoted, consolidated or adapted to terms of the usage of the department in sufficient fullness to make the chapter an adequate guide to all police officers and clerks in the normal maintenance and check of accounts and receipts and expenditure of Government funds. The original authorities are, however, available in all administrative and district offices, and familiarity with them is required of gazetted officers and clerks of English offices and pay branches; for detailed inspections and in cases of uncertainty the original authorities should always be referred to.

(b)       The orders in this chapter do not affect money and property in criminal cases, the instructions regarding which are contained in rule 27-17 et seq.

10-2.    Responsibility of Heads of Officers – The following table shows the collecting and disbursing officers under the various minor and sub-heads of the Receipt major head “XXIII-Police” and the Expenditure major and “29-Police” as specified in appendix D of the Punjab Budget Manual:-

Major head Minor head. Collecting officer. Disbursing officer.
1 2 3 4
XXIII – Police 

 

1.     Fees, fines and forfeitures2.     Miscellaneous-

(i)    Police Lands receipt.

(ii)   Miscellaneous. …

 

 

 

 

 

Superintendent of Police 

Superintendent of Police

Superintendent of Police, 1[Commandant, Police Training College, Sihala] 2[..]

. . . 

. . .

. . .

 

Major head Minor head. Collecting officer. Disbursing officer.
1 2 3 4
XXIII – Police  3.     (i) Fees for students from Provinces of Pakistan admitted to the Police Training College Siahala.(ii) Contribution from provinces of Pakistan towards the Finger Print Bureau.

(iii) Leave Salary contribution of officers lent on foreign service.

(iv) Contribution towards passage of Government servants lent to other Government .

(v)  Contribution towards passage of Government servants lent on foreign service.

(vi) Recoveries of contribution towards hors, saddlery and uniform allowances of officers lent on foreign service.

(vii) Refunds allowed by the military authorities on account of Ordnance Stores returned to Arsenals.

(viii)Receipts account of additional Police employed under sections 13, 14 and 15 of Police Act V of 1816:-

 

(a)   Police supplied to Public Departments (Police Rule 10-23).

(b)   Police supplied to private persons (Police Rule 10-21).

(c) Police quartered in

 

 

 

 

 

 

 

 

4.     Recoveries of over-payments

 

 

4[Commandant, Police Training College, Sihala.] 

6[Deputy Superintendent of Police Incharge Finger Print Bureau]

Inspector General of Police.

 

Accountant General       . .

 

 

 

Accountant General       . .

 

 

 

Accountant General       . .

 

 

 

 

Superintendent of Police

 

 

 

 

 

 

 

 

 

 

 

Superintendents of Police

7 […]

 

 

 

District Magistrate

 

 

 

 

 

 

 

 

8[Inspector General , Deputy Inspector General, Commandants, Police Train9ing College, Sihala and PRP Officer Incharge Police Recruits Training Centres, Superintendents of Police and Deputy Superintendent of Police Incharge, Finger Print Bureau and DSP Lahore Range Reserve, AIG Police Welfare and PQRs Organization.]

. . . 

 

 

. . .

 

 

. . .

 

 

. . .

 

 

 

. . .

 

 

 

. . .

 

 

 

 

. . .

 

 

 

 

 

 

 

 

 

 

 

. . .

 

 

 

 

 

 

. . .

 

 

 

Major head Minor head. Collecting officer. Disbursing officer.
1 2 3 4
XXIII – Police 

 

 

29 – Police

5.     Deduct Refunds             . . 

 

 

 

1.      Superintendents

 

 

 

 

2.      District Executive Force –

(i)   District Police Force

 

 

(ii)  Police employed under sections 13, 14 and 15 of Police Act V of 1816

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(iii) Other Police           . .

 

3.      Police Training School –

 

. . . 

 

 

 

. . .

 

 

 

 

 

. . .

 

 

. . .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

. . .

 

. . .

The Collecting officers shown against the minor heads 1 to 6 above are disbursing officer under this headInspector-General of Police and Deputy Inspectors-General of Police for their own offices

 

1.   Superintendents of Police

 

2.   Senior Assistant Superintendent of Police, Lahore.

3.   Inspector-General of Police inrespect of the units.

I)   Traction of prison vans.

II)  Purchae of typewriters

III) Purchase of tents

IV) Purchase of bicycles, the grants under which are kept in reserve with him. Also for the reserves under the units “Clothing and “Equipment”.

Ditto

 

PCommandant Police Training College Sihala Officer Incharge Police Recruits Training Centres. The area also disbursing Officers for the minor head, District Executive Force, Railway Police, Special Branch and Crime Branch in respect of Police officers and men under Training at the College Centres.].

 

Major head Minor head. Collecting officer. Disbursing officer.
1 2 3 4
29 – Police 4.      Special Police –(i)  Border Military Police

 

(ii)  Baluch Levy

 

5.      13 [….]

 

 

6.      14 [Special Branch and Crime Branch]

 

 

 

 

 

 

 

 

7.      Cattle-pounds

 

 

8.      Miscellaneous – Other Items

. . .

 

 

. . .

 

. . .

 

 

 

. . .

 

 

 

 

 

 

 

 

 

. . .

 

 

. . .

Commandent and Deputy Commissionder, Dera Ghazi Khan

Ditto

13[…]

 

Deputy Inspector-General of Police, [Special Branch and Commissioner Dera Ghazi Khan] Superintendent incharge of the Finger Print Bureau in respect of the grant for the staff of the Bureau.

 

Deputy Commissioners.

 

 

Superintendent of Police, Principal, Police Training College, Officer Incharge Recruits Training Centres.].

 

 

Note-1 under Article 13(G) of Civil Account Code, Volume 1. These officers personally responsible for the strict observance of correct procedure in regard to the disposal of all money, which is required to be received or disbursed through their offices and for the maintenance of accounts. Subject to the approval of the Deputy Inspector-General, a Superintendent of Police may delegate the duty of supervising accounts to a specified gazetted officer. When such a delegation is made, the treasury officer should be informed officially that the officer has been authorized to sign bills, cheques, etc.; a specimen of his signature being furnished to the treasury. Such delegations do not relieve Superintendents of their ultimate responsibilities as collecting and disbursing officers.

 

 

10-3.    Definitions – The technical terms in this chapter are used in the sense in which they are defined in the Account Manuals referred to in rule 10-1(a). Those definitions should be understood by all gazetted officers, clerks and accountants. Only a few such definitions, a knowledge of which is required by officers to whom the manuals are not accessible, are reproduced here:-

 

 

(a) General definitions.

 

Average pay means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs, which necessitates the calculation of average pay:

 

Provided that in the case of a Government servant deputed out of India who draws pay as laid down in rule 51(a), Punjab Financial Handbook No.2, Volume I, his average pay shall be assumed to be the full pay which he would have drawn if no duty in India (Rule 9(2), Punjab Financial Handbook No.2, volume 1).

 

Compensatory allowance means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a traveling allowance. A compensatory allowance is not taken into account in calculating pension, or leave salary for periods exceeding four months. (Rule 9(5), Punjab Financial Handbook No.2, Volume I, Article 488, Civil Service Regulations, and Rule 14-2, Subsidiary Rules).

 

Special pay means an addition of the nature of pay, to the emoluments of a post or of a government servant, granted in consideration of :–

 

(a)       the special arduous nature of the duties; or

 

(b)       a specific addition to the work or responsibility; or

 

(c)        the unhealthiness of the locality in which the work is performed (Rule 9(25), Fundamental Rules).

 

Special pay is taken into account in calculating pension and leave salary (Article 486 (j), Civil Service Regulations, and Rule 9-21 (a) (ii) read with rule 87, Fundamental Rules).

 

Subsistence grant means a monthly grant made to a Government servant, who is not in receipt of pay or leave salary. (rule 9 (27)of the Fundamental Rules.)

 

(b)       Definitions specially applicable to traveling allowance.

 

16[Actual traveling expenses means the actual cost of transporting a Government servant with his servants and personal luggage, including charges for ferry and other tolls, and for carriage of camp equipment, if necessary. It does not include charges for hotels, traveller’s bungalows, for refreshments, or for the carriage of stores or conveyance, or for presents to coachmen and the like; or any allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of additional servants. (Rule I.I, T.A. Rules.)

 

Camp equipment means tents and the requisites for pitching and furnishing them, or, where tents are not carried, such articles of camp furniture as it maybe necessary in the interests of the public service for a Government servant to take with him on tour. (Rule I.5, T. A. Rules.)

 

Chief public officer means-

 

At the headquarters of a district – The court of the Deputy Commissioner.

 

At an outpost tahsil – The court of the officer in charge of the outpost or tahisl.

 

At all other places – The Police station, or, if there be no police station, the post office, or, if there be no post office, the point designated by competent authority. (Rule I.6, T. A. Rules.)

 

Day means a calendar day, beginning and ending at midnight; but the period occupied by a journey which begins and ends at headquarters and which does not exceed twenty-four hours shall be reckoned for all purposes as one day, at whatever hour the absence begins or ends. (Rule I.8, T. A. Rules.)

 

Family means a Government servant’s wife, legitimate and step children residing with and wholly dependent upon him. Except in Appendix IO.121 (b) it includes in addition his parents, sisters, and minor brothers, if residing with, and wholly dependent upon him. Not more than one wife is included in a family for the purpose of these rules. (Rule I.9 T. A. Rules.)

 

17[Inferior Service in the police department includes all constables in respect of traveling allowance only, as their service is in other respects “superior”- and non-enrolled menials such as khalasis, gardeners, chaprasis, bhishties and sweepers. (Serial No,. 16 of Appendix A, Subsidiary Rules.)

 

Holiday means either a holiday prescribed under the Negotiable Instruments Act or a day on which officers, or a particular office, are ordered by Gazette notification to be closed without reserve or qualification. (Rule I.17, T. A. Rules.)

 

10-4.    Responsibility of drawing and countersigning officers – The following Articles from the Civil Account Code are reproduced for guidance of police officers as to the responsibilities attaching to the signature and countersignature of bills. The rules relate specially to contingent expenditure, but the principles apply to official expenditure generally.

 

(a)       Every public officer should exercise the same vigilances in respect to petty contingent expenses as a person of ordinary prudence would exercise in spending his own money. The drawing officer is further responsible for seeing that the rules regarding the preparation of vouchers are observed, that the money is either required for immediate disbursement or has already been paid from the permanent advance, that the expenditure is within the available appropriation and that all steps have been taken with a view to obtain an additional appropriation, if the original appropriation has either been exceeded or is likely to be exceeded, and that in the case of contract contingencies the proposed expenditure does not cause any excess over the contract grant. (Article 91, Civil Account Code, Volume I.)

 

(b)       It is the duty of a countersigning officer to see that the charges made in a contingent bill are of obvious necessity, and are at fair and reasonable rates ; that previous sanction for any item requiring it is attached ; that the requisite vouchers are all received and in order, and that the calculations are correct ; and specially that the grants have not been exceeded or are not likely to be exceeded, and that the Accountant General is informed either by a note on the bill or otherwise of the reason for any excess over the monthly proportion of the appropriation. If expenditure be progressing too rapidly, he should communicate, with the disbursing officer, and insist on its being checked. (Article 92, Civil Account Code, Volume I.)

 

10-5.    Control and check on progress of expenditure – To facilitate a check on the progress of expenditure by the Deputy Inspector of Police, the inspector General of Police and the Accountant General, a series of return has been prescribed, for which the necessary “M.B.” forms are obtainable as “universal forms” in the manner prescribed in rule 11-43. The procedure detailed in paragraph 14-5 of the Punjab Budget Manual is summarized as follows:-

 

Disbursing officers are required to maintain for all expenditure, registers in form B.M. 29. In these registers the accounts classification shall be shown according to the headings of the form, and the allotment under each unit shall be entered in red ink at the top of each column. A small slip Form B.M. 28 (Bill Extract) is required to be attached to each bill (other than pay bills) and is returned with the cash or cheques by the treasury officer. The amount of each bill, with the number of the treasury voucher as shown in the Bill Extract, shall be entered under the appropriate heads in form B.M. 29. At the end of each month the expenditure shall be totaled and the un expended balance under each unit entered in red ink at the head of the ensuing month’s account. On the 3rd of each month disbursing officers shall submit to their controlling officer and the Inspector General of Police a copy of their B.M. 29 account for the preceding month, with the forms B.M. 28 on original and an abstract in form B.M. 31 in respect of both the general cash account and the additional Police account. Ac copy of the abstract in B.M. form 31 should be sent to the Deputy Inspector General.

 

Controlling officers are required to follow the above procedure for expenditure incurred directly be them, and also to maintain registers in form B.M. 30, in which the returns received form disbursing officers shall be entered to enable them to effect control on the progress of expenditure. They should compare the entries in B.M. 29 accounts received from disbursing officers with schedules (B.M.28) received from treasury officers which show the payments made by them. The Inspector General of Police is required to consolidate all returns in form B>M.31 and send it, with the original statements from which his return has been complied, to the Accountant General, so as to reach him by the 20th of the month following that to which the accounts relate. Discrepancies are then reconciled by the Inspector General and the Accountant General, and corrections are notified to controlling and disbursing officers.

 

Disbursing officers are also required to submit not later than the 3rd of each month to the controlling officer and the Inspector General of Police a departmental return in form 10-5 showing under each primary and secondary unit the allotment, expenditure incurred during, and the balance available at the end of the preceding month, both for the general cash account and the additional Police account. This is necessary to enable the latter officers to effect control and watch the progress of expenditure under each primary and secondary unit.

 

The above procedure is additional to the detailed accounts of contingent expenditure prescribed in Rule 10-110.

 

 

10-6.    Pages of registers to be numbered – The pages of all account registers all be numbered, and a gazetted officer shall certify on the inside of the cover of each register the number of pages which it contains. Instructions regarding the upkeep of registers and preparation of bills, etc., have, where necessary, been given as foot-notes on the specimen forms of the registers, etc., concerned.

 

 

10-7.    Accountant – (1) In each district, in the Police Training School, Criminal Investigation Department and Railway shall be primarily        responsible for the accuracy of the accounts and for the safe and proper custody of all monies, stamps, vouchers consists of keeping accounts ; the less of performs the duties of a cashier the better. In the office of the Inspector General and of each of the range Deputy Inspector General the duties assigned to the accountant shall be performed by the clerk appointed for this purpose, under the direct and detailed supervision, in the former office, of the branch head assistant and superintendent and, in the latter office, the head clerk.

 

(2) Every accountant shall furnish security which shall be proportionate to the strength of the district establishment and shall be fixed at the rate of Rs. 100 for each hundred men or part of a hundred men (upper and lower subordinates combined). The amount of security to be furnished by the assistant accountant will be fixed at the discretion of the Superintendent. Security deposits, whether made in cash or in one of the security forms specified below, shall be covered by a bond or agreement (in Public Works Department forms Buildings and Roads Stereo No. 83 and 84 suitably adapted) setting forth the conditions under which the security is held and may be ultimately refunded or appropriated.

 

If the officer is not able to furnish the amount of cash in a lump sum it may be deducted from his pay in instalments. Or, as an alternative to cash security, he may be permitted, if he so desires, to take out a fidelity policy involving the payment of a small monthly premium. By such a policy Government can get a much larger security, but the officer concerned loses to the extent of the premium paid. Security can also be taken in any of the following form:-

 

 

 

(a) Government Securities other than Post Office – 5 years cash certificates.  Under the rules in chapter VIII of the Government Security Manual issued by the Controller of the Currency.
(b)   Municipal Debentures and Port Trust Bond. 
(c)   Post Officer – 5 years cash certificates. Under the rules for Cash Certificates and Saving Bank Accounts issued by the Post Office.
(d)   Post Office Savings Bank Pass Books.
(e)   Deposit Receipt of any bank, provided that the authority demanding the security decides that the bank concerned is a reputable firm engaged in regular banking business. The depositor should be required to get the receipts made out in the name of the pledgee. The receipts should be sent for safe custody to the district treasury with instructions to permit the depositor to draw interest when it falls due.

 

10-7-A.            Security – Besides the Accountants, Assistant Accountants, Prosecuting Inspectors and Prosecuting Sub-Inspector who are required to furnish securities under Police Rules 10-7 and 27-5 respectively the following Police Officers who are entrusted with the receipt and custody of cash or stores may be required to furnish securities as provided in rule 3-5, Chapter III Financial Hand Book No. I. Securities should betaken in any of the forms mentioned in P.R.10.7 and upto the amount mentioned against each:-

 

Rs.

Reserve Inspector       …        …        …        …        …        …        1,000

 

Lines Officer   …        …        …        …        …        …        …        500

Sub-Inspector in charge Police Station or an

Additional Sub-Inspector where one is sanctioned.   …        …        500

 

Head Constable employed as Clerks in Police Station.          …        200

 

Note – No security need be taken from permanent Police Officials when they are required to officiate in appointments in which security is generally taken, if the officiating appointment is not expected to continue beyond six months.

 

10-8.    Erasures and corrections – (1) Erasures and over writings in any account register, bill, schedule or cash book are strictly prohibited. If any correction is necessary the red ink and the correct entry inserted, the correction being initialed by the officer responsible for signing the bill or checking the register. This rule applies to all account records, not only to those maintained in English. (Article 30, Civil Code, Volume I.)

 

(2) All corrections and alterations in a voucher shall be attested by the initials of the person signing the voucher or of the officer making the payment.

 

10-9.    Claims for payment of arrears – Claims to arrears of pay or allowances or increments, which have been allowed to remain in abeyance for a period exceeding one year, cannot be investigated by the Accountant – General, except under special orders obtained from the authority competent to appoint the officers by whom the claim is made. The investigation of claims which are more than three years old can only be sanctioned under the orders of the provincial Government. The period of three years will ordinarily be counted form the date the claim was due. Where, however, orders under which the claim has arisen have been passed by a competent authority some time after the lapse of the period to which the claim relates, the period of three years should run from the date of the orders of that authority. No claim not preferred within six months of its becoming due can be paid by a treasury officer without the sanction of the Accountant – General, but this rule does not apply to claims of Rs.5 and less which are preferred within one year of their becoming due. [Civil Account Code, Volume-I, Article 8 (b) and (c)].

 

PART – II

Income

Receipt of Money.

 

10-10.  Responsibility – It is the duty of gazetted officers to see that all income claimable is claimed, realized and paid into the treasury. It is not optional with them to waive a demand for payment which is necessary by law or by rule. They should carefully bear in mind that collections must not, on any account whatever, be left out of the treasury, by should be paid in on the actual date of receipt, funds to meet authorised charges connected with such collections being drawn separately from the treasury on a proper voucher.

 

The appropriation of departmental income to departmental expenditure is strictly prohibited. (Article – I, Civil Account Code, Volume – I.)

 

10-11.  Money to be lodged in the treasury – All transactions to which any officer of Government is a party in his official capacity must, without reservation, be brought to account, and all money received shall be lodged in full its appropriate account, or shall be kept in the police cash chest: provided that permanent advances may remain in the hands of officers to whom they are distributed and sums received for immediate disbursement on account of duly authorized orders for payment may be kept in the custody of the disbursing officers for such short period as may be necessary to secure the attendance of the payee. If such attendance cannot be secured within a reasonable time, the sum concerned should be refunded to the treasury and drawn again later when required. (Article I, Civil Account Code, Volume I.)

 

10-12.  Cash Chests – Police cash chests shall be marked as such, and shall be kept in the single lock room of the treasury. They are intended for the safe custody of the cash box, which may, under the authority of the Superintendent, be removed on working days from the treasury to the police officer, and, if so removed, shall be returned to the treasury before business is closed for the day. Both the cash chest and cash box shall have two outside locks, the keys of one lock to be kept by the accountant and of the other by the superintendent, or, in his absence, by the officer delegated with authority under rule 10-2.

 

A memorandum showing the receipt, expenditure and balance of money in the cash box shall be kept in it in Form 10-12. When any money is placed in or drawn from the cash box an entry to this effect shall be made immediately. The officer holding the keys of the second lock for the time being shall check the cash chest account on every working day that the chest is removed from the treasury, and certify that he has done so, initialing at the same time any fresh entry made during the day.

 

10-13.  Safe custody of sums received when office is closed – (1) When money sent to headquarters from a police station cannot be immediately disbursed or put into the cash chest, the person bringing the amount shall make it over, together with the documents pertaining to it, to the Lines officers, who shall deposit them in the iron safe, embedded in the verandah of the Quarter Guard room, under the view of the sentry, until such time as the money can be brought to account. The Lines officer shall at once give a regular receipt to the person depositing the money, and shall make and entry regarding its receipt in the Lines cash book an diary, and shall thereafter be responsible for sending it together with the papers to the accountant. The road certificate, however, shall be retained and pasted in the Lines receipt book. A regular receipt for the amount shall then be obtained by the Lines officer from the police office and filed with the road certificate.

 

(2) Money received on behalf of Government from individuals or other offices on holidays, or after the closing of the treasury for business, shall similarly be deposited in the Lines safe, after being entered, if possible, in the receipt side of the general cash book. The Lines officer shall act in respect of such sums as described in sub-rule (I).

 

(3) Cheques and remittance transfer receipts, which have not been endorsed and are awaiting disposal, shall be kept by the accountant with his permanent advance. This permanent advance shall be kept in a separate locked box in the Lines safe at all times when the office is closed.

 

10-14.  Receipt Books – (1) Each Superintendent, Deputy Inspector General, [1]18[…] and the Inspector General shall keep a printed receipt book, the pages of which shall have printed serial number, in form No, 10-14 (I), the office copy being made by the carbon copying process. For every sum of money credited to the accounts in the office a receipt shall be given over the signature of a gazetted officer or an inspector in the district office, by the head clerk in the range office and by Superintendent in the Central Police Officer, to the person from whom money is received for credit to Government or on account of rewards: provided that, if money is recovered from any subordinate police officer by means of deductions from his salary in an acquittance roll, a receipt need not be issued.

 

(2) The officer signing the receipt must compare the entries with the cash book and initial the entry or entries in the latter. In preparing these receipts the instructions contained in Article 13 (c) of the Civil Account Code should be followed.

 

(3) All police officers who collect and remit money shall forthwith give to the tendered of such money a receipt in the prescribed form, and, when they credit such money to Government account either in a sub-treasury or by making cash remittance to headquarters, they must obtain a receipt either in the form issued by the treasury or in this form. For the purposes of this rule, the Lines officer, the prosecuting inspector at headquarters, the prosecuting sub-inspector at sub-divisions and all officers in charge of police stations will be supplied with a book of receipt forms, after the formalities required by sub-rule (5) below have been complied with.

 

(4) A road certificate is an invoice and not a receipt for this purpose. Road certificates shall be pasted in the receipt book in the place of the receipts issued from headquarters, and the corresponding receipts shall be pasted in place of the road certificate in the register of the place of issue. Reference shall be given in treasury receipts (rule 10-19 (2) to the annual serial number of the receipt issued in form No, 10-14 (I).

 

(5) Before bringing a receipt book into use the accountant shall check the sequence of the numbers printed on each receipt, and mark each with the office stamp, but in the case of receipts issued from police lines, police stations or offices of prosecuting inspectors or sub-inspector they shall also be marked with the seal of the respective office. Any discrepancies shall be brought to the notice of a gazetted officer who shall note the fact in the book.

 

(6) Blank books whether in English or in Urdu shall be kept under lock and key by the head clerk, and a register shall be maintained by him regarding their issue.

 

10-15. Receipt of Money Orders or cash by post – (I) Postal receipts for money orders shall be signed only by a gazetted officer or by an inspector in the district office, by the head clerk in the range office and by the Superintendent in the Central Police Officer, after the amount has been entered in the cash book and the entry initialed. The amount and name of the remitter shall be inserted in the coupon if it has not already been noted by the remitter.

 

(2) Currency notes or postage stamps received through the post in payment of Government dues shall be entered immediately in the general cash book and the entry initialed by a gazetted officers, [2]19[….] or Superintendent, Central Police Office, in token that he has seen and signed the receipt. The precautions laid down for the handling of postal matter containing such remittances are contained in rule 11-23.

 

(3) As the Postal Department obtains receipts for payment made by it on its own forms, it is unnecessary to issue receipt in form 10-14 (I) in such cases. In order that, for purposes of check, there may be a receipt in form 10-14 (I) to correspond with each item of money received, a form will nevertheless be made out, but the duplicate will not be torn off and issued, and when, as in the case of money orders a coupon remains in the hands of the payee, such coupon will be pasted on to the form. A similar procedure shall be followed in the case of sums received from other departments of Government, which take receipts from payees in their own forms.

 

  • Specimen signatures – When a gazetted officer makes over charge of his officer to another, a facsimile of the reliving officer’s signature shall be sent to the treasury officer. Specimen signatures of gazetted officer, inspectors, head clerks in the range offices and the Superintendent in the Central Police Office should be requested not to accept the signatures on money order etc., of any officers other than those whose specimen signatures have been supplied.

 

10-17.  Road certificates – All sums of money sent from one police office or station to another shall invariably be accompanied by a road certificate in Form 10-17, the officer copy being made by the carbon copying process. The worked “Entered in cash book” shall be written by the accountant in column 7 of the road certificate, after the amount has been so entered and the entry initialed by a gazetted officer, inspector, head clerk of Superintendent, Central Police Office. Road certificates shall also be used for obtaining an acknowledgment of the receipt of money sent to police stations for disbursement, when such remittance cannot be made otherwise than by hand.

 

10-18.  Refunds – Sums required to be withdrawn on account of miscredit or for refund to the person paying the amount shall be drawn in accordance with the orders in Articles 113 and 114 of the Civil Account Code. Such refunds require the sanction of the Deputy Inspector General or his counter signature.

 

10-19.  Credits into treasuries – (1) Payments of money into a treasury shall be accompanied by a chalan (Form A.T. 192) nature of the payment and on whose account it is made. Chalans shall ordinarily be in duplicate. One copy will be returned after being signed by the treasury officer if the payment is of Rs.500 or over, and otherwise by the accountant and the treasurer. When payment is made for Tahsildari letters of credit or cash orders of the copy of the chalan will suffice. When sums are sent to the treasury for credit to police income for the General Police Fund the name of the sub-head or sub-heads shall be noted in the chalan. (Article 5, Civil Account Code, Volume I.)

 

(2) In order to avoid the remittance of money by hand, sums received at police stations for credit to Government may be paid into sub-treasuries on receipt of orders in each case from the Superintendent. The tahsil receipt shall be submitted to the Superintendent, who will credit the amount in his cash book. All such treasury receipts shall be pasted into a file book to be called the file of treasury receipts, and shall be serially numbered for the financial year, references being given as required by the rule 10-14 (4).

 

10-20.  Chanda Fund Register – (1) The Superintendents of those districts in which mounted police are posted, shall keep up a Chanda Fund subscription register in Form 10-20 (1). The amount of each subscription shall be entered each month as it is received.

 

(2) At the time of drawing salaries, or at the end of the month the columns shall be totaled. In the case of Lahore district the amount will be remitted to the treasury, with a challan in Form No. 10-20(2) to be prepared by the carbon copying process. All three foils of this chalan shall be signed by the treasury officials concerned who will retain one, the other two being returned to the officer paying in the money. One of these shall be kept in the Superintendent’s officer on the file of treasury receipts as a receipt for the remittance, and the other shall be sent to the office of the Inspector General. In the case of all other districts the amount of recoveries made from pay bills or in cash shall be retained till they amount to Rs. 25 when they will be remitted to the Inspector General of Police direct by a Remittance Transfer Receipt to be obtained from to. Treasury under Article 169 C. A. Code, Volume I.

10-21.  Charges for additional police – Superintendents shall bill parties and corporate be supplied with additional police month by month in advance. Such bills shall be prepared in Form 10-21, and shall receive and annual serial numbers. Officer copies shall be kept.

 

If duty be likely to last less than a month, the cost for the entire period such police are likely to be employed shall be recovered. Additional police shall not be supplied until the advance payment required by this rule has been received.

 

10-22.  Scale of charges – (1) Except in cases where special scales have been fixed charges shall be made for additional police during the time they are employed, according to the specimen scales and instructions contained in Appendix 10.22 (1).

 

(2) The following points are to be noted in connection with the calculation of charges:-

 

(i)        The hutting charges should be calculated so as to include not only the actual rent paid for the quarters occupied by the police but also the cost of such repairs, white-washing and petty alternations to the buildings, as fall to the responsibility of the tenant according to the terms of the lease.

 

(ii)       For periods of less than 2 months, annual charges for clothing and equipment will be levied on the following scale:-

 

Less than one month               —         No charges

From 1 to 3 months                —         ¼ charges.

From 3 to 6 months                —         ½ charges.

From 9 to 12 months              —         Full charges.

 

(iii)      Initial charges (See Appendix 10-22 (I)) shall only be made when extra police are entertained, and such charges shall be at full rates. Charges calculated on the basis of annual charges and including conveyance allowance, contingencies, leave and pensionary charges shall be made in all cases, even if extra police are not actually enlisted.

 

(iv)      In those cases (for instance, guards supplied to the Imperial Bank of India) in which a fixed number of additional police are supplied throughout the year and the accounts are adjusted monthly, the chares for clothing, equipment and rewards shall be calculated at one-twelfth of the annual rates.

 

(v)       When the duty for which additional police are provided involves traveling, the actual amounts disbursed from the continuant grant (carriage of constabulary and traveling allowance) on account of such journeys shall be recovered from the party to whom the police have been supplied; provided that expenses incurred in consequence of routine transfers ordered in the interests of the general police administration shall not be so charged.

 

(vi)      The amount of pension contribution, which is shown as a separate item in the statement of cost of additional Police posts, should at the time of recovery be credited direct to the Head “XLIV – Receipts – in – aid of Superannuation –Pension individuals etc., in the treasury.

 

(vii)     The sum realized as pay of a contingency reserve of constables will be utilized for the entertainment of such reserve on the scale of one – sixth of the number of constables provided.

 

10-23.  Charges for additional police supplied to departments or officers of Government – (1) The charges for additional police supplied to departments or officers of Government when permission to raise extra men is given by the Provincial Government, shall be in accordance with the above rules except that no charges shall be made for pension.

 

(2) The salaries and expenses of extra police officers so employed and supplied shall be recovered as follows:-

 

(a)       When the duty lasts for one year or less, – by bills on account of salaries and contingent charges submitted to the officers or departments concerned for adjustment by book transfer (vide rule 2.13 (3)).

 

(b)       When the duty lasts for more than one year and when the procedure is sanctioned by the Inspector – General, – by inclusion of the amounts in the salary and contingent bills of the regular establishment. In the latter case the inter – departmental adjustment is made in the books of the Account – General.

10-24.  Charges to be made for additional police located in disturbed or dangerous areas – In applications for the location of additional police under section 15 of Act V of 1861, the cost shall be calculated in accordance with rule 10.22. The rates prescribed by Appendix 10.22 (I) make no mention of charges for superintendent the provision of trained men in place of recruits, armament and interest charges during the period of recovery of the cost. They are, however, so calculated as to include provision for these items, but as they cannot be assessed with exactitude the resulting total is to be regarded as a limp sum figure and rounded to the nearest hundred rupees. The cost of housing, whether on account of rent or the erection of suitable quarters, shall be included, unless a suitable building in the communal ownership of the persons to be charged with the cost of the post is placed at the disposal of the Police Department. In the latter case only such charge shall be made as is necessary to meet the cost of putting the building into a fit state for police occupation.

 

  • General police fund – (Deleted).

 

10-26.  Recoveries on account of additional police in disturbed and dangerous areas – (1) The responsibility for recovering the cost of additional Police located in disturbed or dangerous areas, under Section 15 of Act V of 1861, rests with the District Magistrate. Realizations are generally made half – yearly in advance, with the land revenue installments. The collections should in all cases be credited into the treasury under the heads “XLIV – Receipts – in – aid of Superannuation – Pension contribution for Police supplied to public departments, private individuals, etc.” and “ XXIII – Police – Collection of payments for sections 13.14 and 15 of Police Act V of 1861,” intimation of the amount so credited into the treasury on each account being sent at the same time to the Superintendent of Police for inclusion in the accounts he is required to keep under rule 10.27.

 

(2) The cost of additional police supplied to private persons and departments or officers of Government recovered by Superintendents of Police under rules 10.21 and 10.23, should likewise be credited into the treasury under the heads mentioned above.

 

10-27.  General Police Fund Cash-Book and Ledger – (1) Each Superintendent of Police shall keep a cashbook in form No. 10-27(1)(a) in which all receipts and disbursements pertaining to additional Police shall be entered. The pay, allowances and contingent charges of the additional Police shall be drawn in the same forms on which charges of regular Police are drawn under rules 10.95 and 10.96, and shall then be shown in lump sums on both sides of the general cash book (in column headed “ Additional Police Account”), a reference to the cash book for additional Police accounts being made on the disbursements side. For the correct preparation, checking, signing and encashment of bills for additional police, the procedure prescribed encashment of bills for additional police, the procedure prescribed in Part-V of this Chapter shall be observed. Similarly, all receipts on account of additional police, supplied under sections 13, 14 and 15, Act V of 1861, whether collected and credited into the treasury be the District Magistrate or collected in cash by the Superintendent of Police under rule 10-26, shall also be shown in lump sums in the column headed “Additional Police Account: of the general cash book on both the credit and debit sides, as well as on the receipt side of the additional Police account cash book.

 

Note – Receipts and expenditure on account of additional police supplied to officers or departments of Government shall not be included in the General Police Fund.

 

(2) Each Superintendent shall keep a General Police Fund Ledger in Form No.         10-27(2), in which receipts and disbursements on account of additional police shall be distributed separately for each post or body of additional police. The ledger will show the Superintendent exactly how much of the amounts realized for each such post and body of additional police for which extra men have been raised is still available for disbursement. Separate pages shall be assigned for each post or body of police.

 

(3) On the 5th of each month a monthly return of receipts and expenditure of the additional police shall be prepared in Form 10-27(3) and submitted to the Inspector-General.

 

(4) Monthly accounts submitted by Superintendents of Police shall be centralized by the Inspector-General of Police in an additional Police Account General Ledger. This ledger shall show by district (I) amount payable or recoverable, (2) realistation by the District Magistrates, (3) disbursements from the fund, and (4) the total figures for the whole province under rule 10-26, and sub-rules (2) and (3) above.

 

10-28.  Return of Income – On the first day of each month each Superintendent shall submit to the Inspector General a return in Form 10-28 showing the estimated and actual collections under each head of revenue for which he is responsible. These returns are checked in the Inspector General’s office with copies received from the Accountant General of the treasury returns of income actually credited. It is essential, therefore, that the returns from police offices should be prepared independently and not in collaboration with the treasury clerks. Heads of offices, head clerks and accountants should be guided by chapter 13, Punjab Budget Manual, in the preparation and supervision of these returns. Accounts which have been adjusted by book transfer shall be shown in the return, but a detail shall be given in the last column showing cash and transfer credits separately. Refunds shall be deducted by a note made to that effect in the last column of the return.

 

10-29.  Book Transfer – The adjustment by book transfer of charges recoverable for credit to police income will be made by means of bills prepared in duplicate in form 10-2. The officer to whom the bill is sent will return one copy duly countersigned. On receipt of this countersigned bill the amount will be brought to account as a credit.

 

10-30.  Security – Deposits of cash by way of security received by gazetted officers in their public capacity shall be paid into the Government Savings Bank without delay, a separate savings bank account being opened for each case of security. Interest accruing on such deposits shall be payable to the persons furnishing the security when the deposit is finally returned to them on the purpose for which security was required ceasing to be operative.

10-31.  Heads of Income – (1) Appendix 10-31(1) details the different classes of police income which should be credited on realization to the heads shown in columns 2, 3 and 4 thereof, and corresponds with Appendix D of the Punjab Budget Manual.

 

Each major head of income in the accounts of Government has a serial number prefixed to it in roman characters to distinguish it from heads of expenditure which are numbered in Arabic figures thus:-

 

XXIII – “Police” is a major head of General Revenues. “29 – Police” is major head of Expenditure.

 

The general revenue which a department of Government collects is called “Departmental Revenue.

 

(2) The major heads other than XXIII – Police to which police income (or departmental revenue) may be credited are:-

 

XLIV – Receipts in Aid of Superannuation

XLV – Stationery and Printing

XLVI – Miscellaneous

XXXVI – Miscellaneous

Police income is also credited to the following funds, of which separate accounts are kept in treasuries:-

 

(1)   Clothing
Police Deposit                       … (2)   Equipment
(3)   Estates

 

 

(Subsidiary to XXIII – Police).

Police Land Fund (a major head of XXIII – Police).

[3]20[xxxx]

 

Note – The             major head “XLVI – Miscellaneous” or “XXXVI –MISCELLANEOUS” should not be confused with the minor head “Miscellaneous” under Major head “XXIII – Police”.

 


PART III

Payment from Treasuries.

 

10-32.  Affixing of stamps – (1) A stamp is required to be affixed on receipts for all sums exceeding Rs. 20 except such as are exempted (Article II, Civil Account Code, Volume I) and item 53 (d) of Schedule I of the Stamp Act (Act II of 1899). In all cases stamp must be affixed by payees on acquaintance rolls, whether for pay or travelling allowance, when the sum to be received exceed Rs. 20. 20[…]

 

(2) The stamp should be defaced by the signature, seal or left thumb-impression of the payee, a part of such signature, etc., being on the stamp and a part on the voucher. Where a thumb impression is the only receipt of payment a clear impression should also be taken on a clear space of the voucher.

 

(3) Where receipts are demanded in duplicate in accordance with any law or Government order, only one need be stamped. Ordinarily not more than one receipt shall be issued. (Article 16, Civil Account Code).

 

 

10-33.  Vouchers – (1) Detailed instructions for the preparation of vouchers are contained in Article 13, Civil Account Code. Except where other forms are prescribed by these rules or other official orders, form 10-33(1) shall be used. The orders regarding delegation of authority to sign vouchers for payments made to the head of an office are as given in rule 10-2, that is to say, the delegation must be specific to a particular gazetted officer, whose specimen signature must be furnished to the treasury. Vouchers for cash payments shall be endorsed by the officer in whose presence they were made, who, in the case of payments made at headquarters, shall be of rank not lower than inspector. It is essential that, unless there are special reasons to prevent it, the signature should be obtained on vouchers of the person to whom payment is actually due, and not merely that of the person through whom disbursement is made.

 

(2) In cases where receipts cannot be obtained (as in charges for railway tickets, etc.), or where a reward is paid to a person whose name it is necessary to keep secret, a acknowledgment from the person through whom the money is paid may be substituted, (Article 104 (3), Civil Account Code, Volume-I).

 

(3) In cases where money is remitted by money order, the payee’s receipt need not be taken on a voucher or acquittance roll. The Post Office receipts and the payee’s acknowledgment should be attached, on receipt, to the voucher or acquittance roll concerned.

 

(4) Covers or labels of parcels, etc., bearing the Post Officer stamp of postage due should be kept as receipt vouchers. Postal receipts for parcels, receipts for railway freights, and covers or labels of value-payable articles should be endorsed, under the signature of the officer paying the amount, with the particulars of the payment made and the accounts classification according to which the payment is to be debited.

 

(5) Receipts may be obtained in a single form from one or more payees, provided the amounts are payable from one major head, and provide that receipts for items exceeding Rs.25 shall be on vouchers separate from those for sums of and below that sum.

 

(6) Receipts for allowances to menials attached to police lock-ups are chargeable to a different major head from other police expenditure, so must be taken on separate vouchers. For convenience of departmental accounts, vouchers for the following classes of expenditure should also be kept separate:-

 

(a)       Police Deposit.

(b)       Additional Police Account.

(c)        Contingencies, divided as described in rule 10-110.

(d)       21[4][…..]

 

In all cases particulars must be given, in the space on the form for “head of appropriation chargeable’, of the distribution of the payment, which is to be made in the accounts.

 

10-34.  Cancellation of vouchers – All vouchers whether required to be submitted to the Audit Office or to be filed in the office from which the payment is made shall be canceled with a suitable rubber stamp. Stamps on vouchers should also have a circular hole punched in them. Cancellations shall be attested by the initials of a gazetted officer at the time of checking the accounts.

 

10-35.  File book of vouchers – (1) Vouchers shall be filed in skeleton books of suitable size as follows:-

 

  1. A. – General Cash Account and Police Deposit vouchers. –

To contain vouchers sums detailed in the cash book.

  1. B. – Additional Police Account vouchers.
  2. C. – Traveling Allowance Acquittance Rolls.
  3. D. – – For all vouchers for contingent expenditure, other than that of Additional Police which should be filed in book B. the file shall be divide according to the primary units of contingent expenditure detailed in Appendix 10-111. Separate files shall be kept for each month.

 

(2) Vouchers relating to file A, B and C will be numbered serially for the financial year and those in file D will be given a monthly number.

 

10-36.  Duplicate receipt bills and cheques – (1) If an original receipt is alleged to have been lost a duplicate may not be issued. A certificate may be issued to the effect that on a certain day a specified sum was received from or paid to a certain person for credit, or debit, to a certain account.

 

(2) In cases of loss of bills, cheques, etc., duplicates may be issued after it has been ascertained from the treasury concerned that payment has not been made on the original. In such cases the word “duplicate” should be clearly endorsed in red ink. (Article 16, Civil Account Code, Volume-I).

 

10-37.  Authority required before expenditure is incurred – Before any public money an be spent by the head of an office in his capacity as disbursing officer he must be in possession of sanction for the expenditure and of intimation of appropriation of funds, in both cases by a competent authority. If either of these necessary authorities is lacking, the case should be referred back for orders. Responsibility for overcharges arising out of neglect of this rule lies primarily with the drawer of the bill by which such over charge is contracted. (Articles 17 and 86, Civil Account Code, Volume-I).

 

10-38.  Audit objections and recoveries – (1) The earliest attention should be given to all objections received from the Audit Office, whether direct or through the treasury officer. Original objections received through the treasury should be returned with the explanation called for on the day of receipt or following day.

 

(2) Orders of retrenchment are issued by the Accountant – General to treasury officers, who are bound to make the retrenchment order and are forbidden to enter into correspondence on the subject. Such orders must, therefore, be complied with, protest being made, if necessary, within not more than three months, through the departmental superior of the officer retrenched. Retrenchment will ordinarily be made by deduction form the next pay or traveling allowance bill presented by the officer concerned. Payment in cash may be demanded if no such bill is presented within a month. Unless there is held to have been a definite breach of orders, or lack of justification in taking the excess, recoveries will be at a rate not exceeding one-third of pay. Advances shall not be made from the Police Deposit or similar funds to meet retrenchments, but a Superintendent or Deputy Inspector – General may apply direct to the Accountant – General for permission to leave the amount under objection until it can be adjusted under proper authority, or until it can be recovered form the officer concerned. (Article 20, Civil Account Code, Volume-I).

 

(3) Recovery should ordinarily be effected from officers of the amount of any overpayment made to them, if objection is raised within twelve months by the Audit Office. Account officers are required not to demand recovery of payments erroneously made unless the amount has been challenged within twelve months.

 

(4) Original objections and retrenchment orders and their replies, or copies thereof, shall, unless the point questioned was a merely technical one, such as the incorrect filling up of a form, be attached.

 

22[5][[10-39.         Cheques drawn on treasuries – (1) All withdrawals form the Police Deposit account shall be made by cheques on forms supplied in Central Publication Branch, Calcutta. A memorandum shall be entered on the counterfoil of each cheques, stating the balance to credit, the sum drawn by the cheques, with either a short statement of the nature of the disbursement for which the money is required or the distinguishing letter of the sub-head concerned, and the resultant balance after deducting the sum drawn by the cheques. At the foot of each cheques shall be noted the sum included in it debitable to each of the following head, or to each or so many of them as may be included in it: -Clothing or Equipment Fund.

 

(2) Every cheques in favour of a Government officer shall be made payable to “order” only, but when the payee is not a Government servant the cheques may, at this request, be made payable to “bearer”. (Article 26, Civil Account Code, Volume I).

 

(3) When a public officer sends a cheques to a treasury not for cash payment but for credit of its value in the treasury he must, before signing the receipt, add the words “Received payment by transfer credit to ……………..”. Omission to do this facilitates mis-appropriation of money. (Article 26(b)(2), Civil Account Code, Volume-I).

 

(4) Money due from the Police Deposit account to firms of contractors and to others residing at headquarters of districts should, whenever possible, be paid by means of crossed cheques to their order, their receipts being obtained as soon as possible.

 

(5) Cheques for payments of any kind to the North-Western Railway shall be made payable to the Examiner of Railway Accounts and not to Station Masters.

 

(6) When the amount of a cheques is to disbursed to several officers and has consequently to be inserted in the cash distribution register (rule 10-24) the cheques should be made payable to “Self”, and should be endorsed as follows in token of receipt by the drawing officer:-

 

Rs.

By R. T. R.     …        …        …        …

By Cash          …        …        …        …

__________

Total   …

__________

 

The accountant shall maintain a cheques memorandum book in Form 10-39(6) to facilitate the preparation of cheques.

 

(7) Officers drawing or cashing cheques should observe the precautions described in Article 23, Civil Account Code.

 

10-40.  Disbursements – (1) No money other than regular salaries and allowances shall be disbursed in any police office except on the authority of an order for payment duly entered in the order book. (Police rule 14-54).

 

Note – For the purposes of this rule an office order book shall be maintained in the offices of the Inspector-General and of Deputy Inspector-General.

 

(2) The disbursing agency in districts shall be as follows for all payment on behalf of Government :-

 

(a)       The Lines Officer – to police officers at headquarters (i.e., officers in the lines, office, guards, hospital, orderlies, absentees residing at headquarters, but excluding headquarters police stations and outposts and other creditors, who can conveniently be called to the lines to receive payment.

 

(b)       Officers in charge of police stations – to officers attached to their stations including all posts subordinate to such stations; to absentees and heirs of deceased police officers residing in their jurisdictions, and to traders, contractors and other residing in their jurisdictions.

 

(c)        Superintendents of other districts – to payees in their districts subject to the conditions in rule 10-41.

 

(d)       The Accountant – to officers on leave who elect to receive their salaries by money order, – vide rule 10-92.

 

The instructions regarding the disbursement of pay are contained in Police rule 14-53.

 

(3) Notwithstanding the above orders, payment for articles purchased for Government use shall be made either through the officer making such purchase or through the officer nearest to whom the payee resides, whichever is most convenient.

 

10-41.  Methods of remittance – Remittance for disbursement shall be made as follows:-

 

(a)       to the Lines officer – in cash, by cash orders or in the form of cheques (see rule 10-39) for delivery to payees;

 

(b)       to officers in charge of police stations – by cash order or letter of credit, or, in cases where cash remittance cannot be avoided, by cash under invoice of a road certificate or, in such cases when special sanction in accorded by Government, by insured letter.– [see rule 1046(vi)]

 

(c)        to offices of other departments or to other police offices by cheques, bank draft, remittance transfer receipt or money order, subject to the following conditions :-

 

(i)        remittance transfer receipts maybe obtained between places at either of which there is no branch of the Imperial Bank of India; in orhter cases Imperial Bank drafts marked “Government Account” will be issued;

 

(ii)       remittance transfer receipts (or Imperial Bank drafts) for sums of not less than Rs. 25 may be sent to Superintendents of Police of other districts on account of the pay and allowances of policemen deputed on duty beyond the limits of the district in which their pay has to be drawn.

 

(iii)      the remittance of pay allowances, rewards, contingent charges and traveling allowance to establishment serving at certain outlying police stations not at Tahsil headquarters has been approved by government as a measure of economy, – (vide this office circular letter No. 2478-A, dated 24th April, 1935). The following procedure should be observed in making such remittances :-

 

(1)       Money Order forms duly completed shall be attaches to the bills to be remitted by money order.

 

(2)       When the bills are presented at the treasury, the Treasury Officer will return the money order forms to the Superintendent of Police with a certificate specifying the amounts which have been credited to the post office by per contra book transfer to enable the money orders to be accepted at the Post Office.

(3)       An officer to be deputed by the Superintendent of Police shall then present the money orders at the post office, together with the above mentioned certificate.

 

(4)       The Post Office acknowledgment of the money order form shall be kept in the file of vouchers or acquittance rolls as the case may be, together with the actual payee’s receipt when received.

 

(5)       In the event of the actual payee’s receipt not being received within a reasonable period enquiries shall be made by the Superintendent of Police from the Post Office. Should the money order remain un-disbursed for any cause, the amount refunded should be entered in the case book maintained by the Superintendent of Police and credited to the Treasury in the usual manner. The Range auditor when examining the district accounts, should pay particular attention to the correct crediting of the proceeds of all such un-disbursed money orders.

 

(6)       Money order commission will be debited to head ‘Miscellaneous-Contingencies’ in accordance with Police Rule 10-46(v), except in the case of men on leave who will be required to pay the money order commission.

 

(iv)      money orders on account of leave salary should only be sent if cheaper methods of remittance are not possible, or if the payee has agreed in advance to the deduction of amount of the commission from the total of his claim.

 

(v)       remittance transfer receipts are issued only for bona fide public purposes, including payments from police funds borne on the treasury accounts, and pay and allowances under the conditions state above.

 

(vi)      municipal taxes, etc., due from Government shall be paid by book adjustment if the Municipality banks with a Government treasury. In the case o Municipalities which do not bank with a Government treasury, payment will be made in case, when such payment is to be made at a sub-treasury, it shall invariably be made by means of a case order.

 

10-42.  Distribution Accounts – (1) The accountant shall maintain the following memoranda of accounts to be disbursed :-

 

(a)       Cash Distribution Register in Form 10-42(1)A in English.

(b)       Advice Notes, containing details of all sums remitted to subordinate officers in the district in bilingual form 10-42(1)B.

 

(2) In advice notes he shall enter the details of all sums to be disbursed to or through officers in charge of police station on account of pay, contingencies, traveling allowance, etc. when all sums to be dispatches have been entered in the advice notes, the amount shall be entered in the cash distribution register under the appropriate columns and the accountant shall satisfy him self that the total of each column agrees with that of the bill or other demand by means of which the amount will be received or drawn. He shall then note the grand totals in the advice notes and cash distribution register and shall prepare any necessary challan or applications for remittance transfer receipts.

 

(3) Advice notes, on return by the officers to whom they were issued, shall be kept in monthly files according to the bills to which they relate, and destroyed after one complete year.

 

10-43.  Signing of demands – (1) All bills and other demands with the case distribution register shall be put before a Gazetted Officer, who shall satisfy himself before signing that all bills and other demands, have been duly entered and shall initial the entries in the appropriate column of the register. When initialing the entries in the Cash Book he shall compare the entries in the Cash Book with those in the Cash Distribution Register in form 10-42(1). The Accountant shall also initial the total of each bill in the prescribed column of the register.

 

With regard to the entry on the credit side of the cash book of bils, etc., which have to be cased at treasuries, see rule 10-45.

 

(2) If the amount of a demand is to be remitted to a sub-treasury, payable to single person, it shall be receipted as follows:-

letter of

Cash order

 

 

“Received payment by                     c credit on . . . . . . . . . sub-treasury”

 

(3) On occasion when there is no gazette officer present at headquarters, only the bills, cheques, and remittance transfer receipts shall be sent to camp for signature after they have first been endorsed “Entered in Cash Book” in the case of cheques and remittance transfer receipt by one of the 24[sub-inspector] present at headquarters who has verified the fact and initialed the entry in the cash book and cash distribution register. In the case of contingent bills the inspector shall initial the entries in the contingent register. These entries will again be initialed by the Superintendent of Police or the gazetted officer specially authorized (rule 120-2) on his return to headquarters after comparison with the registers concerned.

 

10-44.  Bills Accounts classification to be endorsed on – All bills presented at the treasury shall have endorsed on them the complete accounts classification as shown in the budget allotment statement. When sums pertaining to more than one unit of expenditure are included in the same bill, the amount under each unit must be specified. (Article 13 (e), Civil Account Code, Volume I).

10-45.  Presentation of demands – (1) Pay bills payable at Lahore which require to be pre-audited, and those payable at district treasuries, may be signed and presented for payment three and two days, respectively, before the last working day of the month to which they relate. (Article 38, Civil Account Code, Volume I). The entries regarding such bills shall be made at the time of signature in the cash distribution register.          

 

(2) The accountant shall record a memorandum on the demands to be presented to the treasury in them manner shown below:-

 

(a)       By cash orders, – vide challan attached          …        …

 

(b)       By letters of credit, – vide challan attached    …        …

 

Excluding

including

(c)        By remittance transfer receipt, – vide application attached

 

(d)       By money order                     money order fee          …

 

(e)        [6]25[……………..]

 

(f)        By credit to XXIII – Police, –vide challan attached   …

 

(g)       By credit to XLV Stationery, – vide challan attached

 

(h)       By credit to Police Deposit, –vide challan attached   …

 

(i)        Cash (for Lnes officer)            …        …        …        …

 

(j)        Cash (for Accountant)                        …        …        …        …

_________

Total amount of the bill, etc   …        …        …        …        _________

 

10-46.  Receipt and distribution of pay, etc – When the bills, cheques, etc., are received from the district treasury duly passed for payment, the following procedure shall be observed:-

 

(i)        The Lines officer and officers in charge of Police stations City, Cantonments and Saddar [or an officer not below the rank of the head constable deputed by them], accompanied by the accountant, shall proceed to the treasury and receive from him the total sum which is to be drawn in cash for disbursement at headquarters. They shall sign an acknowledgment for this amount in the prescribed column of the cash distribution register, and shall receive at the same time from the accountant all bill, vouchers and acquittance rolls necessary for the purpose of disbursement. They shall be responsible for conveying the cash so drawn, under adequate safeguards, to the lines and police stations, and for its safe custody pending disbursement ; and that payment is made in correct accounts and to those individuals only, who are entitled to receive such amounts.

 

(ii)       Cash orders, and money orders shall be received from the treasury by the accountant, who will be responsible for dispatching them to their correct destinations together with the necessary Advice Notes. Cash orders will be sent through the issue branch of the Urdu office, for entry in the dispatch by the District Treasury Officers to the Tahsildars concerned in accordance with para. 316 of the Sub-Treasury Manual. The treasury officer will, however, send an intimation to the drawing office showing the number and date of the letter to enable the Accountant to compete the cash distribution register and advice notes.

 

(iii)      In every district according to local conditions a system shall be laid down on a permanent basis by which cash police station may obtain and remit money with as little risk and inconvenience as possible, and by which the necessity of utilizing special escorts for cash remittances may be minimized. According to this system cash required by police stations should be drawn by means of letters of credit on the nearest sub-treasury.

 

(iv)      On receipt of tan Advice Note the officer to whom it is addressed shall, on the earliest possible occasion, receive the money which he is authorized to draw from the treasury or sub-treasury, personally if possible, and otherwise through a representative specially accredited on each occasion in writing and not lower in rank than a head constable. On receipt of the money drawn from the treasury, the total amount shall be entered in the police station account register No, 20 (rule 22-71) and the money and connected papers shall be placed in the store room pending disbursement.

 

(v)       Special escorts may not be sent in charge of cash, if the salaries of the escort for the time spent on such duties would exceed the commission to be padi if the sums were sent by money order. In such cases, or where other arrangements are inconvenient or unduly expensive, money may be remitted by money order through the treasury by means of a “per contra transfer” to the Post Office in the Treasury Account, the commission, if debitable to Government, being charged to miscellaneous contingencies. When money is sent by money order, the connected papers will be forwarded by post. So far as may be possible, however, money shall be received or remitted through escorts proceeding in the required direction with other duties.

 

(vi)      Money received in police stations for credit to Government shall be paid into the nearest sub-treasury on the earliest possible occasion, the treasury receipt being sent at once to the Superintendent of Police. When money received in money received in police station for disbursement cannot be disbursed within one month owing to the absence of the payee, it shall be retuned to headquarter or forwarded to nay other police officer who may be in a position to make the disbursement, under invoice of a road certificate.

 

(vii)     The accountant shall not be a disbursing officer except to the extant permitted by clauses (i) and (ii) above. The accountant will receive cash only in recoupment of his permanent advance or for immediate credit to the treasury or the cash chest account.

 

(viii)    Sums not exceeding a few annas may be remitted by means of postage stamps. Money should not ordinarily be sent in the form of Government Currency Notes by registered or insured posts, except in the special case in Dear Ghazi Khan. No money shall be drawn from the treasury unless required for immediate disbursement. (Article 88, Civil Account Code, volume I). Requisition for letters of credit or cash orders should be made on a challan form – (Treasury Form No. 71 obtainable from the treasury).

 

10-47.  Remittance Transfer Receipts–miscellaneous particulars – (1) Application for remittance transfer receipts shall be made in Treasury Form No. 75 either in exchange for cash, or, for another remittance transfer receipt, or, for bill, cheques, & c.

 

(2) The procedure to be followed in case where remittance transfer receipts or bank drafts are lost is contained in Article 177 of the Civil Account Code. In the former case satisfactory evidence of the loss must be furnished to the treasury officer before a duplicate can be obtained; in the latter case the officer who has purchased such draft must take immediate states to stop payment and should report the case in detail to the Deputy Controller of Currency of the circle concerned.

 

(3) 26[7][xxx] subordinate police officers are permitted to obtain remittance transfer receipts on the same conditions as [xxxx] officers and other ranks of the army for remitting money to their families. The conditions and formalities to be observed may be ascertained from treasuries by offices who wish to avail themselves of the concession. (Article 170(3) Civil Account Code, Volume I).

 


PART IV

Cash Book

 

10-48.  General Cash Book – (1) Each Superintendent shall maintain a Cash Book in Form 10-48(1) in which all official account shall be entered as they occur. The book I intended to permit of a check on all money passing through the office on account of either receipts or payments; the entries should be brief, but no item must be allowed to escape being brought into the a count. Opposite each entry appropriate references in columns 2 and 3 of the form shall invariably be given.

 

(2) All sums drawn from the treasury by abstract contingent and traveling allowance bills shall be shown in lump sums on both sides of the cash book, a reference to the contingent and traveling allowance registers and, in the case of traveling allowance, to the numbers of the bills being made on the disbursement side.

 

(3) Un-disbursed salaries of absentees, to be refunded by short drawal in the next pay bills, shall be entered in the cash book, on the credit side of the general cash account, irrespective of whether the amount has been placed in the cash chest or has remained in the hands of the disbursing officer. In the latter case the name of the officer holding the amount shall be noted in the cash book at the time of striking its balance.

 

(4) A list of the officers or stations holding a permanent advance and the amount so held shall be pasted inside the front cover of the cash book –(see rule 10-108).

 

10-49.  Balancing the cash book – (1) The cash book shall be written up daily by the accountant and shall be balanced on the last working day of the month, or on transfer of the Superintendent or the accountant, or when specially desired for check purposes.

 

The balance of the general cash account in the case book shall represent the cash in the cash chest and in the hands of the accountant or other officer, a detail of which shall be given. Any money advanced from the clothing or equipment funds and pending recovery shall also be detailed.

 

The head clerk shall check the account when balanced and initial the cash book in token of its correctness. He shall bring to notice any mistake or irregularity in the accounts.

 

(2) After being initialed by the head clerk the cash book, with connected papers, shall be laid before the Superintendent or, in his absence, the gazetted officer, nominated under rule 10-2, who shall tally the accounts by cross check with the treasury receipts, receipt book, cash distribution and traveling allowance registers, vouchers and Urdu acquittance rolls of traveling allowance and salaries, Police Land and Additional Police Account cash books, [8]27[…], and shall satisfy himself that all these registers and receipts have been properly prepared. A certificate of the correctness of the cash book in the terms given in the specimen form shall then be entered, and signed by the Superintendent or by the nominated officer carrying out the check ; in it shall be quoted the numbers of any vouches which have not so far reached the office and a reference to these delayed vouchers shall be included in the next certificate. On transfer, the Superintendent himself shall sign the certificate.

 

Note –  The specimen entries shown in form 10-48 (1) illustrate the procedure detailed above.

 

10-50.  Subsidiary cash book – In addition to the general cash book the following subsidiary cash books are maintained:-

 

(a)       Additional Police Account cash book and ledger, kept in accordance with rule 10-27(1), and

 

(b)       Police Land Improvement Fund cash book, in Form expenditure in respect of police lands administered in accordance with rule 10.164. This fund is balanced yearly and the credit or debit is carried forward. The cash book is a record of the relation between income from and cost of upkeep of lands. The budget allotment, as distributed by Deputy Inspector-General is not shown it as a credit, but expenditure is limited to the amount so allotted, irrespective of the income actually collected.

 

(c)        28[Chanda Fund cash book in Form 10-50(c) is maintained in the Central Police Office from information furnished under rule 10-20(2) by districts where subscribers are serving, and checked with the returns furnished monthly by the Accountant-General.]

 

10-51.  Supervision – Rule 10-48 describes the method by which Superintendents and head clerks are required to carry out a formal check of the general cash book, whenever it is balanced. It is, however, inherent, in the general responsibilities of these officers for the control of the work of the accountant, that they should see the general and other cash books, and records relating to them at intervals varying in frequency according to the volume of accounts transactions in different districts, and check all entries made subsequent to their last examination.

 

10-52.  Cash account of disbursing officers – The Lines officer, and all officers in charge of police stations, shall keep a cash account of all monies passing through their hands (a) for pay, allowances and miscellaneous transactions in Form 1-52(a); (b) for permanent advance transactions in Form 10-52(b) – (see rule 10-108).

 

10-53.  Classification of Accounts – The major head of Police Classification of Accounts expenditure is “29 – Police”. Certain expenditure, as explained in the rules which follow, is debitable to major head “56 – Stationery and Printing”, “47 – Miscellaneous Departments (Transferred), – Registration of Vital Statistics”, “ 12-B – Charges on account of Motor Vehicles Taxation Act-Inspection of Motor Vehicles” and disbursement are made on behalf of local Funds and major head “28 – Jails”.

 

Expenditure is also required to be incurred as under:-

 

Police Deposit Fund (Personal deposits under P. Deposits and Advances – Civil Deposits).

 

Police Land Fund (included in “Other Contingencies” of the minor head “Miscellaneous” under “29- Police”).

 

[9]29[Chands Fund (a local Fund).]

 

10-54.  Police Deposit – Expenditure from the Clothing and Equipment Funds is regulated by the orders in chapters IV and V. Expenditure not authorized by these chapters requires the sanction of the Inspector-General. Advances may not be taken from these funds to meet contingent expenditure.

 

10-55.  Payments from Estates – (1) Pay, allowances and any other monies due to deceased, lunatic or deserting police officers should be withheld for future payment. If any such sum which has already been drawn remains un-disbursed, it should be refunded by short drawal in the next pay bill in the manner laid down in Rule 10-48(3). Payments may be made, on substantiation of claim, up to a limit of Rs.500. If the claim amounts to more than this sum, the orders of the Inspector-General must be obtained before the excess can be pait. (Article 39, Civil Account Code, Volume I).

 

The widow of a deceased officer is presumed to be his heir, unless another heir has been specially nominated by the deceased. Superintendents are strictly responsible that payments from estates are not made until both the identity of the claimant and the validity of his or her claim has been verified by all reasonable means.

 

(2) All money and other property due or belonging to police officers, who have died or deserted, shall, if not claimed within six months, be made over to the District Magistrate for disposal as unclaimed property.

 

(3) Receipts for payments made under this rule should be taken in form 10-33(1) and not in acquittance rolls.

 

10-56.  Accounts of lunatic police officers – (1) The accounts of lunatic police officers shall be made up and the balance should be withheld for future payment. Any property belonging to such lunatic shall be taken in charge by the Lines officer for safe custody. An inventory of such property shall be made over the accountant to be kept with the account of the estate.

 

(2) The Superintendent shall report to the principal court of original civil jurisdiction in the district all estates and balances held in deposit on account of lunatic police officers.

 

(3) If any relative of a lunatic police officer applies for charge of such officer’s property, the Superintendent shall either instruct such relative to apply to the court mentioned in sub-rule(2) above, or, after satisfying himself that the applicant is a proper person both by reason of relationship and character to have charge of such lunatic’s property, he may make over such property after taking an indemnity bond conditioned in a sum equal to the value of the property so made over; provided that such action is not contrary to any order passed by a competent court under Act IV of 1912.

 

10-57.  Verification of deposit balances – (1) At the end of each financial year a certificate is sent by the Accountant-General to the head of each police office for verification of the balance of the police deposit account as required by Article 222, Civil Account Code. It should be compared with the cash book and police deposit pass book and, if found correct, should be signed and returned.

 

(2) A pass book in form 65 of Civil Account Code, Volume II, should be kept for the police deposit account. Superintendent of Police shall be sent the pass book to the treasury officers at least once a month to be balanced. The pass book shall remain in the personal custody of the Superintendent and not with the accountant.

 

10-58.  Cattle Pounds – (1) The upkeep of cattle pounds, which are in charge of the police, including the provision of locks, ropes, etc., is the responsibility of the local body to whom the revenue of the pound is credited, and all repairs on account of urgency expenditure from the police permanent advance is necessary, recovery shall be made in the manner prescribed in rule 10-109(2).

 

(2) Local bodies remit money in cash or by cheques to Superintendents for disbursement. They also supply forms of acquittance rolls, etc., in which payees’ receipts are taken. Such acquittance rolls, etc., when completed shall be dispatched for record to the president of the local body concerned. Registers and forms, etc., for cattle pounds shall be obtained from the local bodies concerned.

 

(3) All such transactions on behalf of local funds shall be brought to account in the general cash book.

 

30[10][10-59.         Chanda – When expenditure from the Chanda Fund is necessary a bill shall be made out by the Superintendent in Form 10-59 and sent to the Assistant Inspector-General of Police, Punjab, who, after checking the bill, will remit the amount by an R. T. R. expecting the case of Lahore where a cheques will be issued. The payee’s receipt for the money shall be sent to the office of the Inspector-General as soon as disbursement has been made.

 

10-60.  Advances – Advances may be given to Government servants for the following purposes:-

 

(a)       for building or purchasing a house,

(b)       for the purchase of conveyance,

(c)        on transfer, first arrival in [Pakistan] or return from leave,

(d)       for tour expenses,

(e)        for expenses connected with the remittance of treasure,

(f)        for law suits to which Government is party,

(g)       to patients proceeding to a Pasteur Institute for antirabic treatment

(h)       for payments of passages overseas.

 

The rules regulating the grant, utilization and repayment of such advances are contained in chapter IX, Civil Account Code, which must always be referred to before advances under this rule are applied for or granted.

 

10-61.  Charges for Police Lock-ups – (1) Blankets, matting, earthen pots and other articles for the use of accused persons confined in, and the allowances paid to sweepers and bhistis for cleaning and supplying water to, police station lock-ups are provided on application by the Superintendent of Police and paid for by the Deputy Commissioner, expenditure being chargeable to head “28 – Jails”.

 

(2) Locks for, and cost of repairs to, police lock-ups are to be provided by the Police Department and debited to the contingent grant under head “Miscellaneous” or “Repairs to Buildings”.

 

(3) Proposals for the revision of sweepers’ and bistis’ allowances should, when necessary, be submitted to the Deputy Commissioner for the sanction of the Inspector-General of Prisons.

 

(4) Officers in charge of police stations shall send to headquarters monthly with the acquittance rolls of the police establishment a statement, showing whether the authorized establishment of lock-up menials has been present or absent during the whole or part of the month. From these statements the accountant shall prepare a bill in Form 10-61(4) for submission to the Deputy Commissioner, with an endorsement accompanied by a challan showing the amount to be disbursed direct by the sheriff to police stations by cash orders or letters of credit. The sheriff will send an intimation of his having made such disbursement to the police office.

 

(5) Receipts for allowances for bhistis and sweepers shall be taken in form 10-33(1) and sent to the Deputy Commissioner.

 

10-62.  56-Stationery – Expenditure for printing at private presses, lithographing and stationery supplied from Central Stores, is debited to the head “56 – Stationery”.

 

10-62-A. 47-Miscellaneous Departments (Transferred) – Registratoin of Vital Stations – Expenditure on account of the allowance of Rs.1 per mensem paid to clerk of police stations for the registration of births and deaths is debited to the head “47-Miscellaneous Departments (Transferred) – Registration Vital Stations”.

 

PART V

Pay and Allowances

 

10-63.  Schedules of pay and allowances – The rages of pay sanctioned for all ranks and grades in the police department are shown in Appendix 10-63, Table A, and the allowances sanctioned for creation posts, either as special pay or as compensatory allowances other than conveyance, [11]31[grain compensation] or traveling allowance, are shown in Table B of the same appendix. Particulars of conveyance and grain compensation allowance are given in rules 10-75 and 10-78, and rates of traveling allowance are shown in Part VII of this chapter.

 

10-64.  Health and age certificates – A medical certificate of health is required in support of the first claim made for the pay of a person substantively appointed to a permanent post in Government service. Such certificate shall, in all cases of appointments in the police department be in Form 10-64 and shall be signed by the District Health Officer of the district in which the appointment is made. In the case of all provincial and subordinate service officers, who receive their first permanent appointments in the ranks of and above that of sub-inspector, the health certificate shall be attached to the first pay bill. In the case of persons who receive their first appointments in lower subordinate rank the health certificates shall be attached immediately to their character rolls (or, in the case of non-enrolled establishment, service books) and a certificate to the effect appended to the standard form of lower subordinates’ pay bill. When a lower subordinate is promoted to the rank of assistant sub-inspector, his date of birth or age, according to the health certificate granted on his first appointment to Government service, shall be endorsed on the bill in which his ner pay is first drawn.

 

10-65.  Date of reckoning pay and allowances – (1) An officer begins to draw the pay and allowances of a post when he assumes charge of the duties of that post. If a charge is transferred afternoon, the transfer does not affect allowances until the next day. (Fundamental Rule 17)

 

(2) The appointment, transfer, promotion, reduction, leave and discharge, form whatever cause, of upper subordinates and clerks shall be notified in the Police Gazette; a reference to such notification in the pay bill is authority for a new or altered charge made in consequence of it.

 

10-66.  Conditions under which officiating pay may be drawn – A police officer appointed to officiate in a higher rank, or a clerk appointed to officiate in a higher class, shall not draw enhanced pay, unless he is actually called upon to assume duties or responsibilities of greater importance than, or of a different character from, those attaching to his substantive post.

 

Note – 32[12][ This rule does not apply to officers of the Indian (Imperial) Police officiating in the selection grade.

 

10-67.  Pay of officiating posts – (1) Usually a Government servant is said to officiate, when he is performing the duties of a post on which another Government servant holds a lien, but Government is entitled to make an officiating appointment in a vacant post on which no lien is held. [Fundamental Rule 9(19)]

 

(2) A police officer officiating in a post will, subject to the provisions of Fundamental Rules 26-C, 30 and 35, draw the presumptive pay of that post, provided that, if the presumptive pay of the permanent post on which he holds a lien or would hold a lien, had his lien not been suspended under rule 13 of Fundamental Rules, should at any time be greater than the presumptive pay of the post in which he officiates, he will draw the presumptive pay of the permanent post. For the definition of “presumptive pay” – see rule 9(24) of Fundamental Rules.

 

(3) An officer officiating in a rank or grade will be entitled to such special pay and compensatory allowances as are authorized for appointments in such rank or grade, only if he actually performs duties or services under conditions for which such pay or allowances are granted.

 

(4) Special rules regarding rates of officiating pay in certain cases are given in Appendix 10-63, Table A.

10-68.  Leaving sphere of duty – (1)            Except when acting within his legal powers, a police officer is entitled to no pay or allowances for any time he may spend beyond his sphere of duty without paper authority. [Fundamental Rule 9(6)(b)].

 

(2) The orders regulating the grant of permission to police officers to proceed beyond their sphere of duty are contained in rule 10-120.

           

10-69.  Last pay certificate – Last pay certificate of gazetted officers transferred are issued by the treasury officer of the treasury from which the officer last drew pay (in Lahore, by the Accountant General). (Article 41, 50, 70, Rule I, Civil Account Code, Volume I). In the case of non-gazetted officers, combined last pay and charge certificates will be issued by the head of the office (in A and T Form 289). If several men are transferred together from and to the same place, joint certificate may be issued. Any further information as to dues or recoveries, which may be received after the certificate has been given, should be communicated to the Superintendent of Police of the district to which the officer has been transferred.

 

10-70.  Allowance of officer, suspended or dismissed – (1) Subsistence allowance at a rate not exceeding one-quarter of his pay may be granted by the authority suspending him to a police officer placed under suspension pending enquiry into his alleged misconduct. (Fundamental Rules 43 and 53).

 

(2) In a police officer under suspension is honourably acquitted of the charges against him, either as a result of the original enquiry or on appeal, the authority conducting the enquiry or accepting the appeal, as the case may be, ay grant him the full pay, to which he would have been entitled if he had not been suspended, and, by an order to be separately recorded, any allowance of which he was in receipt prior to being suspended. In cases of acquittal on other grounds the appellate or revising authority has discretion to prescribe the proportion of pay and allowances, which shall be granted.

 

In cases of honourable acquittal the period of suspension or dismissal will be treated as a period spent on duty. In other cases it will not be treated as a period on duty unless the revising or appellate authority so direct. Leave may not be granted to a Government servant under suspension. [Fundamental Rule 54 (a), (b).]

 

(3) The grant of allowances under the preceding sub-rules ordinarily requires the prior sanction of Government in the Administrative Department, if extra cost to the State is involved. In cases, however, where it does not exceed Rs.500, and where the period during which the Government servant has remained unemployed through suspension or dismissal does not exceed six months, the excess expenditure may be admitted on the sanction of the suspending authority, or the revising or appellate authority, as the care may be. (Finance Department letter No. 20314 (Finance Genl.), dated the 2nd August, 1933).

 

(4) The pay and allowances of a police officer, who is dismissed from service, case from the date of such dismissal.

 

10-71.  Honoraria – No police officer may accept any reward, fee or honorarium, other than rewards authorized under these rules, without the sanction of the Inspector – General. The conditions governing such sanctions are contained, in Punjab Financial Handbook No. 2, Volume-I, Chapter-5.

 

  • Compensatory allowance – Compensatory allowances granted in the police department include:-

 

Conveyance allowances,                                             Traveling allowance,

House rent allowances,                                               Hill allowances,

3[13]4[xxxxxx]

 

And any other allowances granted to meet personal expenditure necessitated by special circumstances in which duty is performed. (Fundamental Rule 9 (5)]

 

10-73.  Compensatory allowances during leave or temporary transfer – (1) During leave on average pay only, and up to a maximum period of four months, a compensatory allowance may be drawn both by the officer performing the duties of the post to which the allowance attaches and by the officer who has proceeded on leave form such post. The same concession is granted in cases of temporary transfer for periods not exceeding four months, provided in both cases that.–

 

(i)        the authority sanctioning the leave or transfer, as the case may be, certifies that the police officer is likely to return, on the expiry of his leave or his temporary duty, to the post to which the allowance is attached or to another post carrying a similar allowance, and

 

(ii)       the police officer certifies that he continues to incur the whole, or a considerable part, of the expense to meet which the allowance was granted. In the latter case it is left to the authority sanctioning the leave or transfer, as the case may be, to decide whether any and, if so, how much of the allowance should be reduced. In the case of house rent allowances this concession is subject to the further conditions reference to in rule 10-76.

 

A compensatory allowance granted on account of special expensiveness of living during joining time, on transfer from one post to another carrying a similar allowance, may be drawn by as officer in receipt of it, provided that if the rates differ in the two posts the lower rate only may be drawn. (Punjab Subsidiary Rule 14.2).

 

(2) For the drawl of compensatory allowance by an officer on leave or transfer from the post to which such allowance is attached, the claim should be submitted with a statement on the relevant expenses, to the authority sanctioning the leave or transfer ; that authority should then decide, having regard to the provisions of Fundamental Rules 44 and 93, how much of the allowance should be drawn and communicate his decision to the audit officer with a copy of the statement of expenses referred to above. (Note 3 to rule 14.2 of Subsidiary Rules).

 

(3) Controlling officers are responsible for taking steps to prevent conveyance allowance being turned into a source of profit – [vide Punjab Financial handbook No. 2, Volume-III, Rule 2, 10-(A)].

 

(4) During suspension, a compensatory allowance may be granted in accordance with Fundamental

 

(5) A police officer, who is in receipt of a conveyance allowance granted for the up-keep of a motor car or motor cycle, must attach to the traveling allowance bill for a journey by road performed otherwise than by motor car or motor cycle and for which full traveling allowance is claimed, a certificate to the effect that such vehicle has not been used for such journey.

 

Head constables and constables of the mounted police are entitled to draw their horse or camel allowance during joining time and leave of any kind. Inspectors, sub-inspectors, 35[14][sergeants] and assistant sub-inspectors in receipt of horse or pony allowance shall be allowed one month in which to remount themselves, in the event of the death or casting of their horses or ponies. If they fail to remount themselves within one month, the allowance will lapse from the date on which they ceased to maintain a horse unless the period for remounting is specially extended by the Deputy Inspector – General to two months under rule 7.2. Such officers are entitled to drawn their horse allowance during leave and joining time so long as a horse is actually maintained under orders of the Superintendent under whom they are serving.

 

All officers drawing conveyance allowances shall append one or other of the following two certificates, as the case may be, to the bills on which the conveyance allowance is drawn:-

 

(i)        Certified that ___________________ conveyance for which the conveyance allowance at _____________ for ________________ has been charged in this bill was actually maintained.

 

(ii)       Certified that the total period from the date on which the means of conveyance ceased to be kept and for which a conveyance allowance has been charged in this or the previous bills does not exceed 1month / 2 month allowed by / under note to rule 2.14 of the Traveling Allowance Rules.

 

(6) All conveyance allowances, except where specially excepted in rule 10.74 below, are subject to the means of conveyance for which the allowance is granted being actually kept, and a certificate to that effect must be attached to each bill on which the allowance is drawn. (Rule 2.14 of the Punjab Traveling Allowance Rules).

 

10.74.  Exemption from keeping a horse or pony – The officers exempted under rule 7.2 from keeping a horse or pony shall or shall or drawn conveyance allowance, as may be ordered in the letter sanctioning the exemption.

 

 

10-75.  Schedule of conveyance, horse or pony allowance – The following table shows officers who are entitled to conveyance allowance, and the amounts of, and conditions attaching to, such allowances.

 

 

1 2 3 4 5
Serial No. Class of Officers Nature of allowance Rate sanctioned Remarks
Scale-I Rs. per mensem Scale-II Rs. per mensem.
Rs. a. p. Rs. a. p.
1. Superintendents of Police, Lahore, Amritsar and Rawalpindi Motor car allowance 75 0 0
2. Deputy Superintendent in charge of Lahore Headquarters Police Stations. Motor cycle allowance 75 0 0 On condition that the allowance will be reduced at the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a radius of m miles from his headquarters.
2-A. Headquarters Deputy Superintendent of Police, Amristar Motor cycle allowance 30 0 0 On condition that the allowance will be reduced at the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a radius of m miles from his headquarters.
3. Headquarters Deputy Superintendent of Police, Rawalpindi Motor cycle allowance 30 0 0 On condition that the allowance will be reduced at the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a radius of m miles from his headquarters.

 

 

 

Serial No. Class of Officers Nature of allowance Rate sanctioned Remarks
Scale-I Rs. per mensem Scale-II Rs. per mensem.
Rs. a. p. Rs. a. p.
3-A. Headquarters Deputy Superintendent of Police, Multan Motor-Cycle allowance 15 0 0
4. Inspectors in charge of towns, Central Intelligence Agency Inspectors, Traffic-Inspector at Lahor, Reserve and Cantonment Inspectors (but not Railway Police Inspectors), Sub-Inspectors (except when employed as clerks or accountants or attached to the Railway Police or employed on prosecuting duties or in the Criminal Investigation Department, Police Training School or Finger Print Bureau) and Sergeants when required to keep horses. Horse allowance 30 0 0 30 0 0 Police Sergeants stationed in Simla may also draw the allowance subject to the condition that the total number of such allowances drawn by Inspectors and Sergeants at Simla does not exceed five.
5. Inspectors and Sergents attached to Cantonments, Cities and Civil Stations who are allowed to keep motor cycles instead of horses:-
(a) Inspectors and Sergeants employed on traffic duties who are required to keep motor cycles. Motor cycle allowance 50 0 0 The grant of conveyance allowance at these rates is admissible only when the Inspectors and Sergeants are allowed, with the sanction of the Inspector-General of Police, to keep a motor cycle instead of a horse.

 

 

 

Serial No. Class of Officers Nature of allowance Rate sanctioned Remarks
Scale-I Rs. per mensem Scale-II Rs. per mensem.
Rs. a. p. Rs. a. p.
(b) Inspectors and Sergeants employed on traffic duties and Reserve Inspector, Lahore Motor cycle allowance 37 8 0 The grant of conveyance allowance at these rates is admissible only when the Inspectors and Sergeants are allowed, with the sanction of the Inspector-General of Police, to keep a motor cycle instead of a horse.
(c) Inspectors and Sergeants employed on Cantonment and City duties Ditto     … 30 0 0 Ditto                  ditto
(d) Inspectors employed as Reserve Inspectors Ditto     … 22 8 0 Ditto                  ditto
(e) Inspectors and Sergeants employed on confidential and other headquarters duties Ditto     … 18 12 0 18 12 0 Ditto                  ditto
(f) Reserve Inspector at the Police Training School, Phillaur Horse allowance 30 0 0 Provided a horse is maintained
(g) Four Inspectors and six Sergeants employed for the inspection of motor vehicles Motor cycle allowance 22 8 0
6. Sub-Inspector of Police, incharge of the Police Station Dagshi, Simla District Ditto     … 40 0 0

 

 

 

Serial No. Class of Officers Nature of allowance Rate sanctioned Remarks
Scale-I Rs. per mensem Scale-II Rs. per mensem.
Rs. a. p. Rs. a. p.
7. Assistant sub-inspectors Pony allowance 15 0 0 20 in special hill tracts Deputy Inspectors-General may permit an Assistant Sub-Inspector attached to a cantonment, city or large civil station, who is a good rider and maintains the prescribed equipment, to keep a bicycle in lieu of a pony and to draw the usual bicycle allowance of Rs. 4 per mensem instead of the pony allowance of Rs. 15 per mensem
8. Band Master of the Police Band, Lahore Conveyance Allowance 15 0 0
9. Inspector of Police on confidential work, Lahore Ditto     … 18 75 0 Provided that a horse is kept; if a bicycle is kept instead of a horse, with the sanction of the Deputy Inspector General of Police, the allowance will be Rs.3 per mensem
10. Sergeants when not required to keep horses (except when employed as clerks or attached to the railway police) Ditto     … 11 25 0 11 25 0

 

 

 

Serial No. Class of Officers Nature of allowance Rate sanctioned Remarks
Scale-I Rs. per mensem Scale-II Rs. per mensem.
Rs. a. p. Rs. a. p.
11. Inspectors and Sub-Inspectors employed on prosecuting duties, or in the Criminal Investigation Department, Police Training School or Finger Print Bureau (except when ecployed as clerks), and Assistant Sub-Inspectors employed in the Criminal Investigation Department Conveyance Allowance 11 25 0 11 25 0 Unqualified Sub-Inspectors who are employed on prosecuting duties are allowed horse allowance at the usual rates, provided they maintain horses, and are not entitled to special of Rs.30 per mensem sanctioned for Prosecuting Sub-Inspectors
12. Horse Sowars      … Horse allowance 30 0 0 30 0 0
13. Camel Sowars     … Camel allowance 20 0 0 20 0 0
14. Officers incharge of the 3 Border Our-posts at Vehoa, Chittawatta and Lakhani, in Dera Ghazi Khan District Horse allowance 20 0 0 20 0 0

Note – 1 – The rates sanctioned for scale II apply where the headquarters of the Government servants concerned are at any the following places:-

Lahore municipal area and cantonments.

Multan municipal area and cantonments.

Rawalpindi municipal area and cantonments.

Sialkot municipal area and cantonments.

Jhelum municipal area and cantonments.

Ferozepore municipal area and cantonments.

The Murree and Kahuta tahsils of the Rawalpindi district.

Faisalabad municipal area.

Sargodha municipal area.

 

The rates sanctioned for scale I apply to Government servants whose headquarters are situated elsewhere.

 

Note – 2 – No allowance shall be paid to an Inspector or a Sergeant who has a motor cycle provided and maintained at Government expense.

 

Note – 3 – Those officers in charge of Police Stations of the Muzaffargarh, Mianwali, Jhang and Shahpur districts, who have been permitted to keep a camel instead of a horse, will continue to draw a conveyance allowance of Rs.30 per mensem.

 

Note – 4 – The allowance for officers mentioned at serial (9), (11) and (12) of this rule is admissible ever when no conveyance is kept, but will not be drawn in addition to horse or bicycle allowance.

 

Note – 5 – Sergeants who are required to keep horses, may draw the usual conveyance allowance during the period they are undergoing training at the Police Training School, Phillaur.

 

Note – 6 – The sub-inspector incharge of the Murree Police Station is permitted to maintain a motor cycle in addition to a horse and to draw a motorcycle allowance of Rs.25 per mensem in addition to the horse allowance of Rs.25 per mensem drawn by him.

 

Note – 7 – Mounted Police Officers placed under suspension shall not be entitled to draw horse, pony or camel allowance, as the case may be, but shall hand over their mounts to the Lines officer, or the officer in charge of the mounted police, who shall be responsible for the feeding and keeping of such animals, vide         rule 7-27(2).

 

Note – 8 – During leave or joining time a conveyance or horse allowance may be granted in accordance with Ruls 2-16 of Traveling Allowance Rules.

 

10-76.  Free quarters and house rent allowance – (I) All enrolled police officers are entitled to free quarters for themselves in the Government barracks or other buildings provided at their headquarters. When such accommodation is not available other suitable quarters shall be provided or house rent allowance granted in lieu thereof. Such allowances will only be granted in cases where there are insuperable difficulties in leasing suitable accommodation by Government. The leasing of housed for, and recovery of house rent from, gazetted officers are government by Fundamental Rule 45-A and Subsidiary Rule 7-35.

 

(2)       The following table shows the maximum rates of house rent allowances which may be granted to police officer; the amount of the allowance will be determined by the circumstances of each particular case:-

 

Nature of power To whom delegated. Extent.
To sanction house rent (a) Inspector General of Police . (i) European Inspectors  Up to a maximum of Rs.60 per mensm throughout the Punjab and Delhi Province in respect of Government Railway Police only.

 

 

 

Nature of power To whom delegated. Extent.
Contd.To sanction house rent allowance.  

 

 

 

 

 

(b) Deputy Inspectors-General of Police and Assistant Inspector-General, Government Railway Police.

 

 

 

 

 

 

 

 

 

 

 

(c) Superintendents of Police and Assistant Inspector General, Government Railway Police

(ii) Sergeants 

 

 

 

 

 

(1) Indian Inspectors at –

 

(a) the headquarters or Cantonments of Delhi in respect of Government Railway Police only, Ambala, Lahore, Amritsar, Rawalpindi, Multan ,Simla, Lyallpur and Montgomery.

(b) the headquarters or Cantonments of Jullundur, Karnal, Ferozepore, Gujranwala, Sheikhupura, Dharamsala, Sargodha and Campbellpur.

(c) any other place in the Punjab.

 

(2) Probationary Inspectors.

 

 

 

(3) Sub-Inspectors.

 

(a) the headquarters or Cantonments of Delhi, in respect of Government Railway Police only, Lahore, Amritsar, Rawalpindi, Multan,, Simla, Lyallpur, Montgomery, Muree and Dalhousie and at the Cantonment of Ambala.

 

(b) the headquarters or Cantonments of Jullundur, Karnal, Ferozepore, Gujranwala, Sheikhupura, Sargoha, Campbllpur, headquarters of Ambala excluding the Cantonment and any hill station other than Simla, Murree and Dalhouie.

 

(c) Any other place in the Punjab.

 

(4) Probationary Sub-Inspectors.

 

 

(5) Assistant Sub-Inspector, probationary assistant sub-inspectors and head constables at –

Rs. 45 per mensem throughout the Punjab and Delhi Province in respect of Government Railway Police only. 

 

Rs. 35 per mensem.

 

 

 

 

 

Rs. 20 per mensem.

 

 

 

 

Rs. 12 per mensem.

 

Up to a maximum of half the rates admissible to Inspectors.

 

 

Rs. 18 per mensem.

 

 

 

 

 

 

 

Rs. 10 per mensem.

 

 

 

 

 

 

 

 

Rs.6 per mensem.

 

Half the rates admissible to

sub-Inspector

 

 

 

 

 

 

Nature of power To whom delegated. Extent.
(a) the headquarters or Cantonments of Delhi, in respect of Government Railway Police only, Lahorre, Amritsar, Rawalpinhi, Multan, Simla, Lyallpur, Montomery, Murree and Dalhousie. 

(b) the headquarters or Cantonments of Ambala, Jullundur, Karnal, Ferozepore, Gujranwala, Sheikupura, Sargodha, Campbellpur and any hill station other than Simla, Murree and Dalhousie.

 

(c) Any other place in the Punjab.

 

(1) In the headquarters or Cantonments of –

 

(a) Simla

 

(b) In the headquarters or Cantonments of –

 

(c) Delhi in respect of Government Railway Police only, Hissar, Rohtak, Gurgaon, Karnal, Ambala, Ludhiana, Lahore, Gurdaspur, Sialkot, Gujranwala, Amritsar, Jhang. Multan, Rawalpindhi, Gujrat, Shahpur, Jhelum, and Attock.

 

(2) Elsewhere     . .       . .       . .

Rs.5 per mensem. 

 

 

 

 

 

Rs.3-8-0 per mensem.

 

 

 

 

 

 

 

Rs.2-8-0 per mensem.

 

 

 

 

Up to Rs.4 per mensem for married constables.

Up to Rs.3 per mensem for married constables.

 

Up to Rs.2 per mensem for married constables.

 

 

 

 

 

 

Up to Re. I pe mensem for married constables.

 

Subject to conditions laid down in Rule 10-76 of Punjab Police rules and further, where, in any individual case, an officer is in receipt of house-rent allowance in excess of these revised rates (in above table) prescribed with effect from 1st August 1929, he will continue to draw his existing allo3ance until such time as it automatically lapses by his transfer or by his proceeding on long leave.

 

Note – proportionate number of subordinates shall be provided with accommodation as follows:-

 

(i)        Probationary inspectors house-rent allowance at half the maximum rates prescribed for inspectors.

 

(ii)       Probationary sub-inspectors.- If married quarters are available and more than one sub-inspector or assistant sub-inspector is under training, two such probationary officers may be allotted to each quarter. If no quarter is available, probationary sub-inspectors should be granted house rent allowance at half the maximum rates prescribed for sub-inspectors.

 

(iii)      Probationary assistant sub-inspectors. – A number of head constable’s rooms attached to barracks should be reserved for these officers.

 

(iv)      Probationary sub-inspectors and assistant sub-inspectors at police stations. – Probationary officers shall occupy the rooms previously in possession of the sub-inspector in charge who should be granted house rent allowance if no married accommodation is provided by Government. Where, the sub-inspector in charge wishes to remain in the police station, probationary officers shall, if possible, occupy other available room. If, however, accommodation is not available probationary officers should be granted house-rent allowance, sub-inspectors at half the maximum rate and assistant sub-inspectors at the full rate admissible to them.

 

36[15](3) A superior officer not below the rank of sub-inspector shall certify monthly in the case of Head Constables and Constable that their wives and families, if any, are residing with them, and that no official quarters are available. The number of allowances shall be reduced proportionately as married quarters become available. Generally priority shall be given according to length of service.

 

(4) Applications for house-rent allowance shall be made in form 10.76 (4) in the case of European Inspectors & Sergeants to the Inspector – General of Police, in the case of Indian Inspectors & Probationary Inspectors to the Deputy Inspector – General of Police or to the Assistant Inspector – General, Government Railway Police, in the case of Sub-Inspectors, Probationary Sub-Inspectors to the Superintendent of Police or to the Assistant Inspector General, Government Railway Police. A report from the Tahsildar as to whether the rent proposed is reasonable according to local rates shall be obtained through the District Magistrate on the application before it is submitted to the officers mentioned above. The grant of house-rent allowances to lower subordinates shall be governed by Rules 3-20 &       3-21. The payment of house-rent allowance to officers of all ranks is conditional on the regular submission in arrears by one month by the actual payees of receipts from the owner of the premises rented. If the receipt of the house owner is more than 1 month in arrears, no further allowance shall be paid until the house owner’s receipts are received. These receipts should be forwarded to the Accountant-General with a covering letter.

 

(5) Three registers of house-rent allowances sanctioned shall be maintained in each district in Form 10-76(5), (1) for European Inspectors and sergeants, (2) for Indian Inspectors and (3) for Sub-Inspectors, Assistant Sub-Inspectors and Head Constables.

 

(6) The Inspector-General of Police in case of European Inspectors and Sergeant and Range Deputy Inspectors-General of Police in case of Indian Inspectors shall submit to the Accountant-General a monthly consolidated statement in form 10-76(6) of sanctions to the grant or cessation of house-rent allowance to these officers serving in districts of the Punjab other than Lahore by the 10th of the month succeeding that to which the sanctions relate. In the case of the Lahore district the monthly statements shall reach the Accountant-General by the 25th of the month in which sanction is accorded to facilitate the pre-audit of monthly bills.

 

10-77. House rent allowance of officers on leave or transfer – House rent allowance may only be drawn during leave and temporary transfer when, in addition to the conditions in rule 10-73(1) being fulfilled, those in rule 14.3, Punjab Financial Hand Book No. 2, Volume-II are also complied with. The absentee may continue to draw the allowance up to four months if he certifies that his previous expenditure for a house continues during his absence and places his quarters rent free at the disposal of the officer deputed to officiate for him. If, however, the officiating officer is permitted on authority not less than that of a Superintendent of Police, to reuse to occupy those quarters, he and not the absentee officer will draw the allowance. (Subsidiary rule 14-6).

 

[16]37[10-78.         Grain compensation allowance – (1) Grain compensation allowance is a compensatory allowance admissible to whole time Government servants including those holding temporary posts, shoes pay lies within certain limits, to compensate them from time to time for the high prices of food grains. The allowance will be admissible according to the following scales:-

 

Rate of pay of sholetime Government servants. Amount of grain compensation allowance admissible if average price of principal food grain of the district is
Not more than But more than Dearer than 7 ceers per rupee, but not dearer than 6 seers per rupee (I Scale). Dearer than 6 ceers per rupee, but not dearer than 5 seers per rupee (II Scale).
Rs. per month32

31

30

16

Rs. per month31

30

16

15

Rs. per month. .

1

2

1

Rs. per month1

2

3

2

 

Note – The term “Pay” does not include a compensatory allowance.

 

(2) The rates of grain compensation allowance, according to the average price of the foodstuff for the district concerned, admissible for any month will be determined according to the rules framed by Government for the purpose, and should be ascertained monthly from the office of the Deputy Commissioner. (See Subsidiary Rule 14-16 in the Financial Hand Book No, 2, Volume II.)

 

(3) On receipt of intimation that grain compensation allowance is admissible for any month, arrears bills shall be prepared for all police officers and non-enrolled establishment (including whole-time menials) who are eligible to draw it. These bills shall be prepared in accordance with the instructions contained in Article 72, Civil Account Code. A list of absentees and a memo, of savings shall also be prepared and kept as an office record. The receipts of the payees shall be obtained in separate Urdu acquittance rolls.

 

10-79.  Payment of pay of men discharged – The pay due to the date of an officer finally quitting Government service may be drawn before the end of the month. (Article 38, Civil Account Code, Volume I.) All sums due to such an officer should be paid on his leaving the force, and should on no account be withheld for remittance to him afterwards, as the latter course causes unnecessary correspondence and inconvenience. Amounts due to lower subordinates leaving the force permanently may be advanced from the permanent advance in cases where the preparation and encashment of supplementary pay bills or cheques would result in the man being detained beyond the date of his discharge. Superintendents are responsible that, prior to the marking of final payments to men about to be discharged, all lawful deductions are made and all dues to Government realized.  

 

  • Pay of deceased police office – Pay and allowances should be drawn up to, and including, the day of an officer’s death; the hour at which death takes place has no effect on the claim. (Article 39, Civil Account Code, Volume I.)

 

  • Fund deductions – Deductions are made on account of the following funds:-

 

(i)        General Provident Fund, –vide rule 10-173.

 

(ii)       Post Office Insurance Fund. Deduction from pay bills may be made only under instructions communicated to the insured person’s superior officer by the audit officer A superior officer will, therefore, allow no deduction on account of premia or subscriptions to be made from pay bill except on account of those duly authorized to subscribe. (Article 237, Civil Account Code.)

 

10-82.  Taxation – (1) Police Officers are not exempted from taxation in their individual capacities, but taxes other than income-tax shall not be collected departmentally on behalf of the taxation authorities. All reasonable information required by such authorities from an office regarding himself and his subordinates shall be supplied. (Article 44 to 46m, civil Account Code, and Appendix 2 of Civil Account Code, Volume I.)

 

(2) All pay, allowances, pensions, gratuity, fees, commission and perquisites enumerated in section 7 (I) the Income-tax Act (Act XI f 1922) are liable to income-tax with the following exceptions:-

 

  • Travelling
  • Conveyance or horse allowance.
  • General Provident or other similar fund and life insurances provided that such deducted sums shall not exceed one-sixth of the salary.
  • Advances of pay and other advances made by Government to its offices.
  • Allowances attached to:-

[17]1[XXX]

1[XXX]

1[XXX]

The 2[Quaid-e-Azam Police Medal]

The 1[President’s Police Medal]

 

 

  • Extraordinary gratuities granted by Government to officers (or to their window, children or other representatives, as the case may be) who are injured or killed in the execution of their duties or who suffer injury or death owing to devotion to duty.

 

  • 2[18][The allowances or salary paid in the United Kingdom to officers on leave or duty in that country, whether such allowance or salary is paid in sterling in the United Kingdom or by means of negotiable rupee drafts on banks in Pakistan.

 

Detailed instructions will be found in the income-tax Act (XI of 1922) and Appendix 2 of the Civil Account Code.

 

(3) Motor vehicles owned by Government and kept for use by the police department are exempt from liability to pay tax under the Punjab Vehicles Taxation Rules, 1925.

 

(4) The Provincial Government has directed that professional taxes shall be levied by local bodies in accordance with rates fixed by them subject to the confirmation of Deputy Commissioner.

 

10-83.  Pay bill of gazetted officers – (1) Pay and allowances of gazetted officers shall be drawn on form No. A. F-71 (b), and will be paid only upon the personal claim of the officer concerned and to his personal receipt (Article 49, Civil Account Code, Volume-I,).

 

(2) Gazetted officers may, under the conditions prescribed by Article 56, Civil Account Code, draw part of their pay from the treasury of the district in which they are serving and part through a bank in Lahore.

 

(3) No officer may draw an increased or a changed rate of pay or fixed allowance unless the bill is pre-audited or supported by a pay slip from the Accountant – General. The last pay bill of an officer finally quitting Government service and bills for rewards for proficiency in oriental languages require pre-audit.(Articles 51 and 55, Civil Account Code, Volume I)

 

10-84.  Subordinate establishments – The establishment in each rank and grade and the number and description of allowances are sanctioned from time to time by the Provincial Government.

 

The sanctioned establishment may on no account be exceeded except in the case of allowances for officers acting in leave and other vacancies.

 

Upper subordinates are borne upon a provincial or range cadre; provided that the total sanctioned number in each rank and grade for the province or range is not exceeded, upper subordinates can be posted to districts at the discretion of the authority empowered to make such postings.

 

10-85.  Annual establishment return – Superintendent shall submit the following statements by the 15th April in each year to the Deputy Inspector-General:-

 

(a)       showing the names of all upper subordinates who have been on leave other than casual leave, and under suspension during the year, with description and period of leave or suspension, the dates of beginning and ending being specified, and in cases of suspension it being stated whether the period is to count towards pension.

 

(b)       Specifying the pay bills with which the health and age certificates of new incumbents entertained during the year were furnished to the Accountant-General’s Office.

 

(c)        Specifying the names of upper subordinates who were shown in the previous year’s list, but were omitted form the current year’s list with particulars as to dates from which they ceased to be borne on the list and why.

 

On receipt of these statements Deputy Inspector-General shall cause a careful check of their accuracy to be made, and shall compile consolidated statements for all districts in their range; these they shall submit, together with muster rolls of their own office establishments, to reach the Central Police Office by the 1st May. The Deputy Inspector-General, Criminal Investigation Department and the Assistant Inspector-General, Government Railway Police, shall similarly prepare and submit returns relating to upper subordinates and clerks borne on their lists. The lists, after being checked in the Central Police Office shall be forwarded to the Accountant-General with the annual printed list of inspectors, sergeants and sub-inspectors.

 

10-86.  Changes in establishment – All changes in establishment due to officers leaving the service, or to promotions, reductions, transfers to other districts or departments, etc., shall be recorded form time to time as they take place in the Order Book and in the “Memorandum of Changes” maintained in Form No. 10-86, which shall be prepared separately for lower subordinates and temporary establishment.

 

Care should be taken that all appointments remaining vacant in the previous month are first recorded in this form before the changes of the current month are entered, and that all vacancies in the rank of constable are shown in the lowest grade.

 

10-87.  Deductions – (1) All recoveries or deductions which are made form officers are either recurrent or casual.

 

(2) Recurrent deductions are made at a fixed rate on account of income-tax, or fund subscriptions.

 

(3) Casual deductions are those which are made to recover a specified sum, whether in one or more installments. No deductions other than those sanctioned by the Police Rules are permitted except such as are required to be made in compliance with the order of a court of law or other competent authority.

 

(4) Every casual deduction shall be supported by an order in the Order Book and shall be recovered at the rate prescribed in such order. If no rate has been prescribed the total of all deductions made in any one month should not ordinarily exceed one-third of pay.

 

(5) The accountant shall, immediately on receipt of authority in the form of the copy of the daily orders supplied to him (vide rule 10-89) make an entry of each deduction ordered in Form 10-87(5) “Memorandum of Deductions”. In the column for “Refunds” shall be included advances recoverable (rule 10-60), recoveries ordered by the Accountant-General or other competent authority, and recoveries due for previous months on account of commutation of leave, suspension, reduction and income-tax. Deductions outstanding in the previous month should be recorded first.

 

(6) All deductions shall, as far as possible, be made by short drawals from the pay of the officers concerned, and not in cash. When made in cash and when it is not possible immediately to credit the amount received in the treasury or hand it over to the payee, it shall be placed in the police cash chest.

 

10-88.  Gradation lists of officers below the rank of Assistant sub-inspector –     (1) For the purpose of awarding increments to all officers below the rank of assistant sub-inspector and checking pay bills, annual gradation lists shall be maintained in English in Form 10-88(1). Separate lists shall be maintained for each distinct time-scale.

 

(2)(a) the increments of pay due to these officers are who in Appendix 10-63,            Table A.

 

(b)       Previous service in the Army or police may be included as approved service if duly sanctioned under rule 12-24.

 

(3) On the last working day of each month the numbers of officers on each rate of pay shall be entered serially in the column for the current month, the numbers of the men on the first rate being entered in red ink, those on the next rate in black ink, and so on in alternate colours.

 

(4)(a) An increment shall accrue from the date it falls due unless it is whithheld in which case it shall be drawn from the date specified in the order withholding the increment. In withholding the increment the withholding authority shall state the period for which if is withheld and whether the postponement shall have the effect of postponing future increments.

 

(b)       Reductions shall ordinarily take effect from the date specified in the order of reduction. If, however, the date is not specified, the reduction shall take effect from the date succeeding the date on which the order is passed. (Fundamental Rule 24 and 29 and Police Rule 16-5).

(5) When an officer is reduced for a specified period only, an entry shall be made in the column of remarks, opposite his name, giving a reference to the Order Book number and his name shall be re-entered temporarily at the bottom of the grade to which reduced or at such other position as may be mentioned in the order of reduction. A note shall be recorded in the column of remarks opposite the new entry showing the date on which the period of reduction expires. On the expiry of the period of reduction the second entry will be struck out and the name will re-appear in its original place.

 

(6) When forfeiture of approved service of an officer is ordered his name shall be struck out from its original position and re-entered in the particular place at which it should appear, after deducting the amount of approved service forfeited, a reference to the order Book being given in the column of remarks over the signature of the Superintendent.

 

(7) When an officer’s name finally ceases to be borne on the strength of the force from any cause it shall be struck out of the gradation list, a reference to the Order Book being given in the remarks column.

 

(8) The names of officers transferred from other districts shall be inserted at their proper place in accordance with their total approved service, such entries being signed by a gazetted officer.

 

(9) An index to each gradation list shall be maintained at the end of the book in the form of a serial list of constabulary numbers and, in a parallel column, the corresponding gradation list serial numbers. New gradation lists shall be prepared during the month of January of each year. The gradation lists shall be treated as permanent records.

 

10-89.  List of absentees – The orderly head constable, as relevant orders appear in the Order Book, make entries in Form 10-89(A) regarding absences from duty of all kinds. This list shall be closed on the date in each month on which the preparation of acquittance rolls is begun, and shall be made over to the accountant, who will prepare the absentee statement in Form 10-89 (B) for upper subordinates only and the register of absentees in Form No. 10-89 (C) for lower subordinates. In the preparation of the register of absentees the following instruction shall be carefully observed:-

 

(a)          Names of all men on leave (other than casual leave shall be entered in the register, whether their leave pay is drawn or held over for future payment, and whether any eave deduction is made from held pay or not.

(b)          If leave pay cannot be paid to an absentee in the manner prescribed in rule 10-20 (2), or if the absentee does not wish to be paid monthly, such pay shall be held over for future payment.

 

(c)           All deductions shall be made in the register for the month in which they become due, irrespective of whether the absentee drawn his pay or not. Deduction omitted from any cause in the register for the month in which they become due shall be made, if the absentee’s pay is held over for future payment, by short drawal at the time of payment, and if the pay has been disbursed, by deduction under “Refunds” in the “Memorandum of Deductions” for the succeeding month.

 

10-90. Acquittance Rolls – (1) The acquittance roll in Form 10-90(1)(A) for upper subordinates and in Form 10-90(1)(B) for lower subordinates provides the material from which consolidated pay bills are prepared and is the means by which pay is disbursed to individuals. Separate acquittance rolls shall be made out for each place at which pay is distributed by the officers noted below. The names of permanent places shall be entered in separate rolls:-

 

(1)          Officer in charge of police stations – For all officers attached to their stations, including all posts subordinate to such stations, and for absentees residing in their jurisdictions.

 

(2)          The Line Officer – For officers in the lines, officer, guards and hospital, orderlies and absentees residing at headquarters.

 

(3)          Orderly Head Constable – For (a) officers serving and absentees residing in other districts, (b) offices under training at the Police Training 1[19][College PRTC] or serving in other districts and drawing their pay there (in such cases the name of the place or district should be noted in the column of remarks), and (c) officers who have rejoined during the month and who have not received their pay while absent. Separate acquittance rolls shall be prepared for class (c) above.

All acquittance rolls on account of pay and allowance for the current month shall be submitted so as to reach headquarters by the 20th of that month.

 

(2) The accountant shall not prepare acquittance rolls. The preparing officers shall only enter the rate of pay and allowances and the total amounts claimed ; the accountant shall enter deductions and the balance to be paid after checking the entries with the assistance of the orderly head constable by means of the acquittance rolls of the previous month, the long roll, order book, register of postings and the records prescribed in rules 10-86, 10-87, 10-88 and 10-89. He shall then prepare the abstract on the reverse of the acquittance rolls.

 

(3) The following instructions for taking payees’ receipts on pay bills and acquittance rolls should be carefully observed:-

 

(a)       The receipts of clerks in the Central Police Office, Criminal Investigation Department, Range and Railway Police Offices for pay and allowances shall be taken on the office copy of the combined pay bill and acquittance roll in Form No. C. A. C. 10 as inserted by correction slip No. 185, dated the 1st October 1928, and amended by correction slip No. 317, dated the 1st April 1930, to the Civil Account Code, Volume I. Such bills shall be preserved for six years but before they are destroyed the periods of temporary and officiating service shall be verified by the heads of offices from the bills concerned and the fact of verification recorded under proper attestation in the service books. The heads of offices shall also invariably give the necessary particulars with reference to Articles 370 and 371, Civil Service Regulations, in order to enable the Audit Office to decide later on, by reference merely to such particulars, whether the temporary or officiating service will qualify for pension or not ; for example, in the case of officiating service, the nature of the vacancy in which the clerk officiated and, in the case of temporary service, whether the temporary post was subsequently made permanent, shall be stated.

 

(b)       The acquittance rolls of upper subordinates shall be destroyed after six years and those of lower sub-ordinates after 35 years after the procedure for verification of service detailed in clause (a) has been carried out.

 

Note – With regard to the verification of service from the pay bills and acquittance rolls see rule 12-36.

 

            10-91.  List of transfers and absentees – A list of officers who have left a station during the month shall be carefully prepared at the end of the acquittance roll as any omissions or mistakes in such list, cause great inconvenience. Changes occurring after the submission of the roll, but before the end of the month, shall be promptly and specially reported. If possible, they will be incorporated in the month’s accounts, otherwise they will be dealt with in the next month’s accounts.

 

Where local allowances are sanctioned, a list of all payments to, or transfers from, such localities made during the month, shall be submitted with the acquittance roll in Form 10-91. The list will be checked by the orderly head constable and the accountant who will endorse thereon their reports for the orders of the Superintendent and insertion, when necessary, in the Order Book. In the case of allowances attached to particular posts, and admissible only to the holders of such posts for the time being, care should be taken that no allowance is either entered in the acquittance rolls or drawn in the pay bills for any period during which such a post remained vacant. All certificates required by rule 10.76 et. seq. in support of claims of house rent, conveyance allowance and the like shall be attached with the list prescribed above.

 

10-92.  Acquittance rolls for absentees – The pay of men under training at the Police Training School is drawn and disbursed by the Principal of the School, all students receiving a last pay certificate from their districts on first proceeding to the school. Acquittance rolls shall be prepared by the orderly head constable for such men for purposes of check only ; no amounts for disbursement should be shown in them. Separate acquittance rolls are required for obtaining receipts for pay of absentees. The names of men on leave, who have elected to receive their leave pay through the police station nearest to their homes (vide rule 8.16) in the acquittance roll of the police station concerned. Another acquittance roll shall be prepared by the orderly head constable for all men, who are to receive their pay by money order, the money order receipts being attached against the appropriate entries in this roll on receipt. Separate acquittance rolls shall similarly be prepared corresponding to the detail of each Remittance Transfer Receipt which is to be sent to another district on account of the pay of absentees. These acquittance rolls shall be sent to the Superintendent of Police concerned together with the Remittance Transfer Receipts, and shall be returned to the district of issue, duly signed by the actual payees.

 

10-93.  Comparison and completion by the accountant – On receipt of the acquittance rolls, the accountant, with the aid of the orderly head constable, shall check and complete them. For this purpose he should first satisfy himself of the correctness of the “Memorandum of Changes” (rule 10-86), register of absentees (rule 10-89(B)), gradation list of constables (rule 10-88 (1), and “Memorandum of Deductions” (rule 10-87(5) by actual comparison with the Order Book entries. He shall then check the by means of these memoranda and his own check statement of postings (Form 10-93) which is based o the acquittance rolls of previous months, and after making all necessary corrections in red ink and initialing them, shall fill in the abstract on the reverse of the rolls. Appointments which existed for apportion only of the month shall be shown I fractions thus 27/30, 13/31 the upper figures showing the days for which the appointments existed and the lower ones the number of days in the month.

 

10-94.  The Pay Sheets – When acquittance rolls have been thoroughly checked the entries concerning lower subordinates shall be transferred into the pay sheet (From No. 10.94), and totaled in accordance with the instructions noted on the form.

 

10-95.  Monthly bills of upper subordinates – (1) From the acquittance rolls the upper subordinates pay bill shall be prepared in A and T Form No. 294 separately for permanent and temporary establishments. The dates and amounts of supplementary bills and date of relief or assumption of charge in the case of any noted. Gazette notification shall be quoted for all altered or new charges and provincial and range numbers shall be shown. The names of acting officers should be noted below the last entry of a substantive officer in the bill. Absentee statements referred to in rule 10.89 shall be attached to the bill.

 

(2) Absentee statements shall be submitted to the Accountant – General on the 15th of the month following that to which the events relate:-

 

(a)       By the Inspector – General:-  a consolidated statement in the case of permanent or officiating vacancies in the rank of inspector and sergeant showing the complete chain of arrangements, and a statement showing permanent or officiating vacancies in the clerical establishment of the department.

 

(b)       By Deputy Inspectors – General:- consolidated statement in the case of permanent or officiating vacancies in the rank of sub-inspector and assistant sub-inspector and officiating appointments in their places.

 

[20]1[Note – A consolidated statement is not required in respect of sub-inspectors of the railway police.

 

(3) Deputy Inspectors – General shall forward to the Inspector – General on the 10th of each month a statement showing permanent or officiating vacancies in the clerical establishment of their own offices. Superintendents shall forward on the 5th of each month copies of absentee statements respecting inspectors and sergeants direct to the Inspector – General and copies of similar statements respecting sub-inspectors and assistant sub-inspectors to the Deputy Inspector – General of the range.

 

(4) Health, last pay and charge certificates shall be attached duty signed to the pay bills. Each allowance drawn by an officer should be shown separately below his substantive pay, and the authority for “personal pay”, if any, should be quoted.

 

10-96.  Monthly bills of lower subordinates – (1) To facilitate the compilation of the lower subordinates’ pay bill the accountant shall prepare monthly the following memoranda:0

 

  1. Memorandum for testing the grant of increments to constables [Form 10-96(1) (A)]. The object of this memorandum is to obtain from the figures in the gradation list [rule 10-88(1)] the correct amounts in each grade to be drawn respectively in the pay bills of permanent establishment and additional police, after consolidating broken periods in various grades and the vacancies in the lowest grade in the manner shown in the form.

 

  1. Abstract of savings (form 10-94(1)(A) part.II), obtained from the memorandum of changes (rule 10-86). From these and the register of absentees and the pay sheet, the lower subordinates’ pay bill in Forms 10-96 (1)(B) and 10-27(1)(b) shall be prepared. In this bill names of individual officers need not be shown. Allowances according to Appendix 10-63, Table B, shall be shown in lump sums separately from pay, No office copy is necessary, if the pay sheet is properly prepared.

 

The following certificates, with such modifications as may be necessary, should be furnished before the pay bill is submitted for encashment.

 

(1) Received contents ; also certified that I have satisfied myself that all pay included in bills drawn 30 days previous to this date with the exception of those detailed below (of which the total has been refunded by deduction from this bill), have been disbursed to the proper persons and that their receipts have been taken in acquittance rolls filed in may office, with receipt stamps duly cancelled for every payment in excess of Rs.20. Further certified that all persons for whom pay has been drawn in this bill have actually been entertained during the month.

 

(2) Certified that no person in Superior Service on this establishment has been absent either on deputation or suspension or with or without leave (except on Casual leave) during the month, ad further that all appointments and promotions, temporary or permanent, have been recorded in the character rolls of the persons concerned under my initials.

 

(3) Certified that I have personally satisfied myself that during the month of _______ 19, for which this bill is drawn, the number of Constables of different periods of approved service was as follows:-

 

Number of Selection Grade Constables on –

 

Number of Foot-Constables
Rs.28 Rs.27 Rs.26 Rs.25 Rs.24 Rs.23 Rs.22 Rs.21 Rs.20 1st grade at Rs.20 2nd grade at Rs.19 3rd grade at Rs.18 4th grade at Rs.17

 

(4) Certified that the Head Constables and Foot Constables, Selection Grade, for whom pay in excess of the minimum has been claimed, have rendered the required period of approved service entitling them to the increased pay.

 

(5) Certified that no leave has been granted until, by reference to the applicant’s leave account maintained under Fundamental Rule 76, I had satisfied myself that it was admissible, and that all grants of leave and departures on, and returns from leave and all periods of suspension and deputation, have been recorded in the Service Books under my initials.

 

(6) certified that no person for whom house-rent allowance has been drawn in this bill has been in occupation of Government rent-free quarters during the period for which the allowance has been drawn.

 

(7) Certified that the Government servants for whom conveyance allowance has been drawn actually maintained camels / horses / cycles and were not employed as clerks.

 

(8) Certified that Special Pay has been granted to those actually performing duties of the posts for which it has been sanctioned.

 

(9) Certified that the Government servants for whom leave salary has been drawn equal to their substantive pay held substantively permanent post under Government on 24th August, 1927.

 

(10) Certified that the actual payee’s receipts for house rent allowances are on record in all cases; that in no case is the amount paid to the house owner less than the amount of house rent allowance claimed; that Government rent free quarters were not available and that persons in receipt of the allowances lived with their wives (and families, if any) in the rented quarters during the period for which claim has been preferred.

 

  1. B. – The words “received contents” should be scored through by the drawing officers in the case of bills presented at the pre-audit counter of Accountant-General’s Office.

 

(2) It should be noted that the figures given in columns 1 and 3 of the pay bill [10-96(1)(B)] represent the sanctioned strength and pay of the force, and that these alone can be checked in the office of the Accountant-General. It is necessary that the figures shown in columns 4 to 7 should be carefully checked and compared with the office memoranda referred to in sub-rule(1) above. The pay and acting allowances of a head constable officiating as an assistant sub-inspector shall be drawn in the upper subordinates’ salary bill, whilst in the lower subordinates’ bill his pay will be shown as a “Saving”. On the other hand the pay of a constable officiating as a head constable shall be included among the pay of constables. In such cases his acting allowance as a head constable shall be shown in the lower subordinates bill, by a separate entry, if it is the result of an average pay leave vacancy or of a chain of promotion or deputation vacancies; and, if the vacancy is caused by absence on leave on half or quarter average salary or without pay, by the amount being included in column 8 of the bill against the entry referring to head constables of the grade to which the absentee belongs.

 

(3) The certificates printed in the form should be signed after the officer signing has satisfied himself by the necessary check of the bills that he is able to do so.

 

(4) The specimen from published with these rules is complete with certificates and check memoranda, and should be carefully studied.

 

10-97.  Arrear bills – (1) Arrears of pay and allowances shall be drawn in bills in form 10-96(1)(B) distinct from the monthly pay bills, and may be present at the treasury at any time. The amount claimed for each month must be shown separately, with a reference to the bills from which the amount was omitted, withheld, or refunded by deduction, or to any special authority sanctioning anew charge (Article 72, Civil Account Code, Volume I)

 

(2) If an upper subordinate is transferred with arrears of pay due to him, the fact shall be stated in his last pay certificate; his arrears may then be drawn in his new district.

 

(3) Arrears bills shall be thoroughly checked by a gazetted officer with the file of leave certificate (rule 8-15), and the register of absentees, and entry being made in the latter showing the date of drawing the sums withheld. If arrears are drawn at a lower rate than that shown as withheld in the register of absentees (on account of commutations of leave, etc.,) only the actual sum required for payment shall be drawn and an explanatory entry shall be made in the remarks column.

 

10-98.  Disbursement of pay – Pay shall be disbursed by, or through the officers named in rule 10-40(2) or shall be remitted to absentees monthly. Remittance to absentees shall be made either by remittance transfer receipts or money order on the conditions laid down in rule 10-41.

 

10-99.  Return of acquittance rolls – (1) Disbursement of pay must be completed as early as possible. Acquittance rolls should normally be returned to the accountant by the normally be returned to the accountant by the 20th of each month, with payee’s receipts correctly entered in them, and an endorsement showing the cause, and giving the details of the amounts un-disbursed. Items for credit to an estate should be returned to headquarters to be credited to the police deposit account in the treasury. Sums remaining un-disbursed on the 20th of the month on account of the absence of the payee, even though such absence by only temporary, shall also be returned to headquarters for refund to the treasury by being short drawn in the next month’s pay bill. Such sums can be re-drawn by arrears bill either simultaneously with the next month’s pay, if the absentee has by then returned to his station, or immediately he does so return. On no account may pay drawn be held in deposit un-disbursed.

 

(2) The accountant shall carefully examine each roll returned by disbursing officers and secure the correction of all errors and omissions. On completion of this check he will enter the amounts un-disbursed on the back of the pay sheet, sign thereon his report and place all the papers before a gazetted officer for check. The latter officer shall carefully check the reports of the disbursing officers and see that all un-disbursed amounts have been brought to account in the cash book. He will then sign a certificate to this effect.

 

10-100. Principals of check of pay bills – The primary responsibility for the correct preparation of pay bills rests with the orderly head constable and the accountant, who have at their disposal all the original authorities for changes, absences, etc. By means of the records and memoranda described in the foregoing rules they are required so to arrange the drawing and distribution of pay that only such sums are drawn from the treasury as are required, and that these sums are distributed for disbursement according to rule. The first check on the work of the above officers is required to be carried out by the head clerk, who shall verify each item of the bills by means of the prescribed registers and memoranda, and by reference to the Order Book and leave accounts, and shall verify all totals and calculations. When the head clerk has completed his scrutiny, the Superintendent himself, or another gazetted officer specially designated for the purpose, is required to make a general but thorough check before signing the bills. It is not incumbent on the gazetted officer to verify every total and calculation in detail, but it is his duty fully to satisfy himself that increments have been properly sanctioned; that all deductions, allowances, withholdings, refunds, etc., and all absences are supported by proper authority; that the calculations regarding establishment present on duty and vacancies are correct, and that the arrangements for the distribution of the total sums contained in the bills are in order. It is also the duty of the gazetted office signing the pay bills for any month to assure himself that the pay of the preceding month has been correctly disbursed and that all un-disbursed items are properly accounted for. Orders in each district shall prescribe dates for the completion of each stage in the reparation of monthly pay bills so as to ensure that the signed bills can be presented for encashment on the proper date.

 

10-101. Record – (1) Papers dealing with pay, arrears and supplementary pay shall be filed in the following order:-

 

(1)       The memorandum of changes, the memorandum of the deductions, the acquittance rolls in the order in which they have been inserted in the pay sheet, and then the pay sheet itself. They will be bound in six monthly, quarterly or monthly volumes according to their bulk, in the following order:-

 

1st.   Those relating to upper subordinates. Including those relating to arrears or supplementary bills.
2nd. Those relating to additional police.
3rd. Those relating to additional police.
4th. Those relating to other temporary establishment

.

 

(2) Office copies of pay bills of upper subordinates shall be kept together and after the close of the financial year shall be bound in chronological order. Bills of permanent establishment and of additional police shall be filed separately.

 

 

PART VI

Contingent Charges.

 

10-102. Classes of contingent grants – Contingent charges in the police department are divided into tow classes-

 

(a) Contract contingencies.

(b) Special contingencies – known also as “audited” or “C class” contingencies.

Contingent charges include also Supplies and Service and allowances and Honoraria, which should, however, be shown separately in all bills and accounts. (Article 82, Civil Account Code, Volume I.)

 

10-103. Description of classes of contingent grants – (1) Contract grants are lump sums allotted annually, within which an officer may incur expenditure on the detailed heads of contingencies covered by the grant at his discretion, provided that the total allotment is not exceeded. (Article 82, Civil Account Code, Volume I.)

 

(2) The contract grants for the police department as a whole is fixed for three years period; consequently revision of the annual grants of subordinate officer, except by re-allotment within the total departmental grant, can only be made on the expiry of such periods. Deputy Inspector General will be called upon, when the grant is under revision, to recommend decreases or increases for the offices and districts under their control.

 

(3) Each head of an office is required systematically to estimate the expenditure which he can meet in any year from his contract grant, by allotting to the various units of expenditure included in the grant share of the total which each requires. It is only after fixed and inevitable charges, such as fixed allowances, hot and cold weather charges, etc., have been provided for, that balances can be made available for optional expenditure.

 

(4) Charges for Supplies and Service, Other Allowances and Honoraria and special Contingencies can only be incurred within the allotment provided in the budget under each unit of expenditure. Transfer of funds from one such unit to another requires the sanction of the competent authority.

 

10-104. Fixed Contingencies – (1) Fixed allowance for contingent expenditure are sanctioned for each district (a) for the purchase of country pens, ink, twine, glue, paste, etc., and (b) for the purchase of oil for lighting purposes.

 

(2) The rates of allowances for the purchase of oil for lighting purposes should be fixed and sanctioned by Superintendents by virtue of the powers delegated to them in serial No, 5 of the table appended to rule 20-9 of the Book of Financial Powers. All cases beyond their competence to sanction should be referred to the Inspector General.

 

(3) The rates of allowances for the purchase of country pens, ink, twine, glue, and paste, etc., should normally be as follows and should be sanctioned by Superintendents by virtue of the powers delegated to them in the above said rule of the Book of Financial Power.

 

Rs. a. p.
For each police officer . . . . 10 0 0
For each Range Recruits Training Center . . . . 2 0 0
For each police station . . . . 2 0 0
For each police post . . . . 0 8 0
For each district inspector . . . . 1 0 0

Exception – Cantonment and City posts should be treated separately and special allowances should be sanctioned for them according to requirements.

 

Superintendents, however, are not bound by these limits as the above said rule covers all but exceptional cases which should be referred to the Inspector General for sanction.

 

(4) A provision for these allowances has been included in the annual allotment for contract contingencies of each district.

 

(5) The rates of these allowances should be periodically scrutinized and revised by Superintendents, if necessary, according to local conditions.

 

This will be subject to the condition that the allotment for contract contingencies from which these allowances are to be met should not be exceeded.

 

(6) These allowances will be drawn on regular establishment bill forms, – vide the note to Article 82, Civil Account Code.

 

(7) If any saving is anticipated in the annual contract grant owing to the abolition of posts, etc., the matter should be at once reported to the Deputy Inspector General who will inform the Inspector who will inform the Inspector General and also arrange for the utilization elsewhere of the saving so anticipated.

 

10-105. Permanent advances – (1) A permanent advance is intended to provide, on the responsibility of the officer entrusted with it, for emergent petty advances of all kinds, of or such payments as have to be made in advance of drawing bills, (Article 93, Civil Account Code, Volume I.)

 

(2) The permanent advances sanctioned for districts and other offices in the department are published from time in the police Gazetted. According to the rule of practice laid down by the Accountant General the amount of such advances will not ordinarily exceed one-half of the average monthly contingent expenditure of the office concerned.

 

(3) Each officer holding a permanent advance is required on transfer of charge and on the 15th April in each year, to send to the Accountant General an acknowledgment of the amount accountable for by himself. [See also rule 10-106 (4) ].

 

10-106. Distribution of permanent advance – (1) The permanent advance allotted to a Superintendent should be distributed to subordinate officers in accordance with their requirements. Amounts so allotted should not be larger than is absolutely necessary and can be varied according to requirements. (Article 93, Civil Account Code, Volume I.)

 

(2) The following officers should hold portions of the permanent advance:-

 

(a)       the senior officer of the prosecuting branch for all immediate expenditure on diet money, transport charges in connection with cases, etc., including the recoupment to officers in charge of police stations of similar expenditure incurred by them. With the approval of the Superintendent of Police this allotment may be sub-divided to provide an advance for prosecuting officers of and above the rank of sub-inspector stationed away from the headquarters of the district.

 

(b)       The Reserve Inspector or lines Officer for advancing the cost of fares of policemen traveling on duty, freight of their baggage, transport charges on Government account, and petty purchases and repairs of Government buildings and property, which he is called upon to execute, and for advance payments required to be made under rule 10-79.

 

(c)        Officers in charge of police stations for purposes similar to the above in respect of their police stations.

 

(3) Subject to the allotment to the officers specified in the preceding sub-rule of adequate shares of the permanent advance, further distribution may, if the necessity therefore is established, to the reader to the Superintendent, to gazetted officers in charge of sub-divisions and to the District Inspector. A small balance should remain in the hands of the accountant for emergent expenditure in the headquarters office, such as payment for value payable parcels and bearing charges, but, in accordance with the principal stated in rule 10-46 (vii) this officer should be used as little as possible as a disbursing officer. A statement showing the distribution of his permanent advance allotment made by the Superintendent shall be entered on the first page of the general cash book.

 

(4) All police officers holding allotments from the permanent advance are required to submit for record in the office of the Superintendent the certificate required by rule 10-105 (3).

 

10-107. Receipts for permanent advance expenditure – When money is spent from the permanent advance on account of contingencies, receipts should be taken as directed in rule 10-33 (I). Separate vouchers should be prepared for each separate charge, but the items making up one charge may be receipted on the same voucher; provided that items in excess of Rs. 25 shall be receipted in separate voucher from items of and below that sum.

 

10-108. Account of permanent advance – Officers to whom permanent advances are allotted shall keep an account of such advance in Form 10-52 (b). On the first page of the form shall be entered the amount of the permanent advance with the number and date of the Order Book entry by which it was allotted. The account shall be kept as far as possible in the manner prescribed for offices in chare of police stations by rule 10-52.

 

10-109. Bills for reimbursement of permanent advance – (1) For all judicial expenses paid from the permanent advance officers in charge of police stations shall submit bills in Form 10-109 (I).

 

The prosecuting inspector or a prosecuting sub-Inspector shall be responsible for checking such bills and for recovering the amount from the sheriff on the day of presentation. Except for very special reasons such amounts shall always be made over to the police officer bringing the bill. Any difficulty in securing prompt adjustment by the sheriff must be brought to the notice of the Superintendent. If necessary, to avoid delay, the prosecuting inspector shall meet the bills submitted by police stations from his own permanent advance.

 

(2) For the recovery of departmental expenses defrayed from the permanent advance, application shall be made in writing in form 10-109(2) as often as may be necessary to prevent the advance allotment from becoming exhausted. Such applications shall be supported by vouchers for each item. If a voucher is lost the procedure prescribed in rule 10-36(I) shall be followed. The accountant shall check such bills and obtain the orders of the Superintendent for payment or otherwise. The details of such bills will not be recorded in the contingent register (rule 10-110) until the payment order has been recorded in the Order Book. The accountant will be responsible for preparing abstract contingent bills at sufficiently frequent intervals and taking other steps to ensure the reimbursement of permanent advances as expeditiously as possible. Delays in this matter should be brought to the notice of the superintendent by officers holding advances, and all gazetted officers at inspections should pay particular attention to the manner in which the permanent advance has been handled.

 

10-110. Contingent register – Separate registers shall be maintained in Form 10-110 for each class of contingent charges in every officer to which a contingent grant is distributed as follows:-

 

I – Contract Contingencies.

II – C-class (Audited) Contingencies.

III – Allowances and Honoraria.

IV – Supplies and Service.

V – Police Lands Fund.

Each register shall contain as many columns as there are detailed heads prescribed in the connection for each type of contingent expenditure. Each unit will have its own money column. Units, such as “Rewards to private persons”, which are sub-divided should be linked by a bracket. The amount of the annual allotment grant and the progressive total of expenditure should be entered below the description of the nit. In the case of any item of expenditure which requires explanation on account of its unusual nature or amount, particulars should be entered in the column headed “Description of charge”, though the amount is entered only in its special column. The period to which any recurring charges refer should also be noted in the “Description” column. (Article 94, Civil Account Code, Volume I)

 

To enable the disbursing officer to watch the progress of expenditure under each unit, as compared with the budget grant, progressive balances and totals, as prescribed in the foot-note to the form, shall invariably be entered.

 

Should an increase, decrease, disallowance or misclassification under any unit of expenditure be notified by the controlling or audit officer, the necessary corrections shall be made in red ink by plus or minus entries in the figures of allotment, expenditure and balances.

 

Money drawn from the treasury and not expended by the end of the month (such as refunds of carriage charges by escorts, etc.) should be refunded into the treasury either in cash or by short drawal in the next abstract contingent bill. Such refunds should be deducted from the expenditure total. The amount can be redrawn when required.

 

10-111. Heads of contingent expenditure – (1) Appendix N. 10-111(1) shows the units into which the contingent grants are divided. The distribution of allotment is published annually in the Police Gazette in May. Bills for pay and other charges duly sanctioned for the month of March and previous months may be paid in anticipation of communication of the budget. Similar expenditure may also be incurred in emergent cases during the months of April and May in anticipation of communication of the budget allotment, provided such expenditure does not exceed the average monthly expenditure of the previous year.

 

Note – This relaxation should not be regarded as a relaxation of the rule contained in paragraph 12-5 of the Punjab Budget Manual under which the Heads of Departments are required to carry out the distribution of the grant not later than the 1st May in each year.

 

(2) No salary charges of any kind (except for pay of hot weather establishment, pay of menials and of establishment of the police lands fund) and no additions to pay may be charged as contingent expenditure or included in contingent bills.

 

(3) All additional police contingent expenditure must directly concern the additional police post for which the provision for contingencies has been sanctioned. Expenditure which may legitimately be incurred under contingencies falls under the following heads:-

 

(i)        Buildings – ‘Hutting charges’ include not only the initial provision for buildings but also the expenditure necessary for their maintenance as well as rental charges. Where additional police are accommodated in existing police buildings, a portion of the repairs to such buildings should be debited to the General Police Fund.

 

(ii)       Furniture – No article of office equipment for the use of the supervisory gazetted staff should ordinarily be purchased out of the General Police Fund, but officers in direct charge of additional police posts may reasonably be supplied with such equipment. On the termination of a post this may be utilized elsewhere at the discretion of the Superintendent of Police of the district who should bear this in mind when making purchases initially. The same principle applies to the purchase of other equipment such as tables, chairs, benches and durries.

 

(iii)      Lighting charges – Provision should invariably be made for the adequate lighting of the building occupied by the additional police. This implies the incurring of initial expenditure on the purchase of lamps and recurring expenditure in the supply of oil for such lamps.

 

(iv)      Stationery – Such articles of stationery as are usually supplied by the Stationery Office and are required for use in connection with the post should be locally purchased by the Superintendent of Police (with the previous sanction of the Deputy Inspector-General of Police as required by serial No.20 of the table appended to rule 20-9 of the Book of Financial Powers amended by Punjab Government, Finance Department, Notification No. 24523, dated 26th September 1927) at the expense o the General Police Fund, not from the district allotment for contingencies. A limited amount of stationery may be used in the headquarters office, the work of which is often appreciably increased by the existence of additional police.

 

(v)       Traveling Allowance – Expenses incurred in the moving about of men working in additional police posts whether such charges would ordinarily be debitable to “Traveling Allowance” or to “Carriage of Constabulary”, should be met from the General Police Fund, provided that the journeys are definitely connected with the duties of the additional police.

 

(vi)      Allowances to Bhishtis and Sweepers – The wages of bhishtis and sweepers entertained for additional police posts should be met from the General Police Fund. They should not be appointed without the sanction of the Deputy Inspector-General of Police as required by Serial No.6 of the table appended to rule 20-9 of the Book of Financial Powers. Their pay should be subject to maximum of rs.13 per mensem, plus local compensatory allowance wherever sanctioned.

 

(vii)     Rewards – Rewards to the personnel of an additional police post should normally be met form the Additional Police Account.

 

(4) In no case should expenditure be incurred in excess of the amount sanctioned for contingencies, since there is no means of re-appropriation from some other source. Ordinarily the provision of 10 percent of salaries is ample to meet all demands, but if heavier expenditure is anticipated this fact should be represented when proposals for additional police are submitted to Government.

 

10-112. Abstract contingent bills – (1) When it is necessary to draw money for contingent expenses from the treasury, the accountant will draw a red ink line across the page of the register, add up the several columns and post the total of each unit in an abstract contingent bill in one of the following prescribed forms:-

 

(a)       For Contract Contingencies {Form 10-112(1)(1)]

 

(b)       For Audit Contingencies; Allowances and Honoraria Supplies and Services, and Police Land Funds [Form 10-112(1)(b)] – (Article 97, Civil Account Code, Volume I)

 

(2) The bill with all available vouchers, the numbers of which should be quoted in the bill, and the contingent register shall be laid before the head of the office, who shall compare the entries in the register with the payment orders and certify that the payment orders have been cancelled; that in the case of contract contingencies all vouchers for items above Rs.25 have been retained, and in the case of audited contingencies all vouchers for items above Rs.25 have been attached to the bill or will follow. He shall then sign the bill and also the corresponding entry in the cash distribution register (rule 10-42). When the Cash Book is checked every month, the officer checking it, or an officer specially detailed for the duty by the checking officer, should check contingent bills in the detail and certify in the contingent registers that vouchers for all items of expenditure have been received that the vouchers for items above Rs.25 have been forwarded to the Accountant-General and that all other vouchers have been so defaced that they cannot be used again.

 

(3) It has been ruled that the head of the office or the gazetted officer to whom the duty has been delegated (rule 10-2) must himself initial the entries in the contingent register. If this duty has been performed by a non-gazetted officer, during the absence of the gazetted officer, the latter must on return to headquarters review the register and re-initial the entries; any omissions in this respect shall be rectified without fall at the time of signing an abstract bill.

 

Note – Sub-vouchers for Rs.25 or under which are not submitted to the Audit Officer should be reserved for a period of one year, and those above that limit for 3 years. The vouchers should not, however, be destroyed even after the expiry of the prescribed periods until departmental audit for the relevant period has been conducted and any objections relating to those sub-vouchers have beer settled.

 

10-113. Clothing and Equipment allowances – (1) The following allowances are sanctioned by Government:-

 

(a)       An initial grant of Rs.8 on account of clothing and Rs.2 for equipment for each head constable and constable added to the sanctioned strength of the force. The grant for each head constable and constable added to the sanctioned strength of the force at the following places will be as shown against each:-

 

 

1. Simla District Rs. 19
2. Kasauly
3. Kyeland
4. Suraj
5. Dalhousie Rs. 15
6. Balun
7. Bakloh
8. Murree

(b)       An annual clothing allowance of Rs.8 (for Simla district Rs.12) for each head constable and constable calculated according to the sanctioned strength of the force. The annual clothing allowance for each head constable and constable sanctioned for the following places will be:-

 

For lower subordinates of Simla district Rs.19
For lower subordinates posted at:-
Police Station Kasauli
Kyelang
Suraj
Dalhousie Rs.15
Calun
Bakloh
Murree

 

(c)        An annual equipment allowance of rs.7 for each mounted head constable and constable and of Rs.2 for each unmounted and mounted head constable and constable.

 

(d)       An initial grant of Rs.15 for the provision of a bed and box for each head constable and constable added to the sanctioned strength of the force.

 

(e)        An initial grant of Rs.75 on account of clothing an of rs.125 on account of equipment for each upper subordinate on first appointment to the police department and each head constable promoted to officiated or promoted substantively to the rank of assistant sub-inspector and an annual grant of Rs.19 on account of clothing and of rs.6 on account of equipment for each upper subordinate borne on the sanctioned strength. The Lady Inspector, Government railway Police, shall be given a combined initial grant for clothing and equipment at Rs.140 and an annual renewal grant of Rs.80.

 

The initial and annual grants on account of clothing for upper subordinates sanctioned for the following places will be Rs.113 and Rs.32, respectively:-

 

1. Simla District
2. Police Station Kasauli (District Ambala)
3. Kyelang Kangra district
4. Suraj
5. Dalhousie Gurdaspur district
6. Calun
7. Bakloh
8. Murree (Rawalpindi district))

 

 

(f)        An annual grant in the case of officers of the Criminal Investigation Department as follows to enable them to make up their own clothing in lieu of free annual issues of uniform:-

 

Inspectors, sub-Inspectors and Assistant Sub-Inspectors     Rs.50 per annum

Head Constables and Foot Constables                                   Rs. 20 per annum

 

(g)       A sum equal to ten percent of the gross estimated total grant for police clothing and equipment, calculated according to the existing schedules, shall remain at the disposal of the Inspector-General as a reserve to enable him to meet any unforeseen items of special expenditure incurred by district officers on clothing and equipment. This amount shall be in addition to the gross estimated grant and shall not be deducted from it. When any reduction in establishment is made during the year after the annual clothing and equipment allowances for that year have been drawn, a proportionate reduction from the date on which the establishment was reduced shall be made in the allotment for the succeeding financial year.

 

(2) Charges for clothing and equipment in the case of existing establishment shall be drawn in each year immediately after the annual budget allotment statement of contingent expenditure has been published for each district, by separate special contingent bills [ A and T No. 309} and shall show the number of men for whom the charge is made and the rater per man. When additions to establishment are sanctioned the allowance (a), (b) and (c) shall also be drawn by special contingent bills in the same form, on receipt of such sanction. Such bills will be presented at the treasury and the amounts will be credited by the treasury officer to the police deposit account.

 

Note – Such bills should be endorsed “not payable in cash, but by transfer account” and headed “special contingent bill for the financial year 19   ”.

 

The following certificate shall be added and signed by the Superintendent when drawing the sum referred to in clause (c) of sub-rule(1) above:-

 

Certified that I have satisfied my self that the sum of Rs__________ at the rate of Rs.16 per head has been paid to ____________________ lower subordinates of this district who were enlisted prior to the 1st April 1905 and who have ceased to be members of the clothing fund.

 

(3) In the event of the allotment on account of clothing and equipment being reduced for any reason, the amount in question shall be deducted both from the police deposit account and the budget allotment by means of entries on the disbursement side of the general cash book, contingent register and the cheque book. The necessary intimation shall at the same time be made by the Superintendent direct to the Accountant-General, with a view to the necessary correction being made in that officer’s books and those of the treasury officer concerned.

 

10-113-A. Contingent charges not to be drawn as an advance – The postponement of payment for charges incurred, or the drawing of money not required for immediate disbursement is strictly prohibited. When it is necessary to advance funds to a police officer or contractor for the purchase of material for the carrying out of Government work, the Superintendent of Police is responsible that receipt vouchers, showing that the full amount has been actually spent of purchase of such material, shall be obtained within one month, in support of the contingent bill on which the sum for advance payment was drawn.

 

10-113-B. Money which lapses – Money drawn against the budget allotment of disbursing officers, but not spent up to the 31st March, will lapse to Government and must be refunded to the treasury by short drawal. Such sums can only be drawn again from the fresh budget allotment and under a fresh order of the proper sanctioning authority.

 

10-114. Contingent charges pertaining to a month – Contingent charges are to be recorded as charges of the month in which they were actually disbursed form the treasury; and if an abstract contingent bill headed as belonging to one month be presented or re-presented for payment in the next, it will be returned for correction, as it must be treated in the accounts as a charge of the month in which the money is actually disbursed form the treasury. (Article 90, Civil Account Code.)

 

10-115. Inter-departmental transfers – (1) Detailed rules on this subject are contained in Rule 8-21 of Punjab Financial Rules Volume I (Financial Hand Book No.2). Payments of amounts due by one public department to another should ordinarily be made by book transfer.

 

(2) Work bills received form other departments for articles supplied should be checked and, if correct, passed without delay by countersigning both copies. The amount to all work bills so passed shall be added below the total of disbursement in the grand total of the next abstract contingent bill presented for payment, entries to correspondence being made in the appropriate columns of the contingent register. Of the two copies of the bill one shall be returned to the sender, and the other placed in the appropriate monthly file of receipt vouchers (rule 10-35). A note should be made in red ink on the copy to be returned to the sender showing in which month’s departmental return credit has been taken for the volume of the supply.

 

10-116. Expenditure for other officers – Contingent expenditure may be incurred for other officers of the Police Department up to Rs.50 in the circumstances covered by Article 112, Civil Account Code. Where expenditure of more than Rs.50 is thus incurred in one financial year application should be made for an extra budget grant.

 

10-117. Railway Warrants – (1) Railway warrants in Form No. 10-117(1) shall be issued only in cases of emergency or when the amount available in the permanent advance is not sufficient to meet the cost of the fares of the party or individual police officer proceeding on duty by rail, and for constables proceeding on courses of training Books of railway warrant forms shall be kept in the office of the Superintendent under lock and key in charge of the head clerk. One book at a time may be issued to the Lines officer, who may issue warrants under the restrictions set forth above. The book shall be kept under lock and key and the Lines Officer shall be held personally responsible for its proper custody. Warrants may be used by Police Officers when travelling by rail on duty. They must not be used in lieu of leave warrants issued free to members of the Punjab Railway Police under rule 2-120 of Travelling Allowance Rules, – vide sub-rule 10-117(3) below. Detailed instructions for the use of warrants are given on the back of the form.

 

(2)(a) When a party to whom a warrant has been issued returns, the senior police officer shall hand in the foil of the railway warrant headed “ for Superintendent of Police” to the Lines officer, who after noting on the corresponding counterfoil “Duplicate received back on (date) and forwarded to accountant”, shall forward the foil in question to the accountant for record. This will ensure copies being available both in the lines and the office for checking travelling allowance bills. The gazetted officer in charge of lines shall check the railway warrant book once a month and sign each counterfoil in token of having satisfied himself that its use was really necessary. All the foils received by the accountant during a month shall ten be entered in a statement showing the number, date and amount of each warrant, and this statement, after being countersigned by the Superintendent, shall be forwarded to the Accountant-General, not later than the 10th of the month following that to which the warrants relate. These statements will be compared in the Audit Office with the third foils of warrants, to satisfy himself that they have all been properly issued and properly used, and to inflict and recover penalties for improper use. Any police officer using a railway warrant contrary to these rules shall, in addition to undergoing such other penalty as a competent authority may award, be required to refund the amount of the fares entered in the warrant. Such deductions shall be credited in the treasury, either in cash or by short-drawal.

 

(b)       If the travelling party is required to return to the place of departure; the officer issuing the warrant for the outward journey shall issue also a second warrant for the return journey; but if the return journey will start from a station in another province, money for the purchase of railway fares for such return journey shall be advanced to the officer in charge of the party before it departs on its outward journey. If a warrant for a return journey is lost or mislaid, the officer in charge of the party shall obtain and advance for the purchase of necessary fares from the permanent advance of the nearest police officer, whether in the same or another district.

 

(3) Members of the Punjab Railway Police whose homes lie in areas not served by the North-Western Railway may, when proceeding on leave to their homes and returning from such leave be granted warrants for the fare by rail to which they are entitled under Travelling Allowance Rule 2-15, provided that :-

 

(i)        they would be eligible for free passes if they were living within an area served by the North-Western Railway, and

 

(ii)       the number of warrants shall not exceed three return warrants per man in one year (Rule 2-120, T.A. Rules).

 

 

Note – The North-Western Railway Administration have agreed to the issue of return tickets (ordinary or week-end) on presentation of a warrant and use should be made of this concession whenever the nature of the duty for which the journey is undertaken permits of its utilisation. The fact that return tickets are required should be indicated by the word “Return” written in bold letters in red ink across the top of the form.

 

 

10-118. Tour charges – (1) Marching establishment may be entertained by the following officers whilst they are in camp and when their camps are necessarily kept up, subject to the maximum number of the servants shown against them:-

 

 

Superintendents, Assistant and Deputy Superintendents One Khalasi at Rs.13 per mensem
Inspector-General and Deputy Insepectors-General Two Khalasis at Rs.13 per mensem each

 

 

(2) In every case where Government tents are taken by gazetted officers on tour, whether for their own or their office use or for that of their private servants, half the carriage will be borne by Government and the other half shall be paid bythe officer or officers using the tents.

 

 

(3) Tents occupied by inspectors and sub-inspectors of police (including European sergeants) on tour, and tents occupied by police guards or chaprasis will be carried wholly at Government expense. All such charges as well as those incurred in connection with the carriage of office registers, records stationers, etc., taken on tour will be shown under contingent head “Tour Charges”. The scale of tentage authorised is given in rule 5-20.

 

 

10-119. Record – Applications and bills appertaining ot the payment of each class of contingent charges shall be kept in monthly files and arranged according to the serial numbers of the vouchers, the relevant voucher number being quoted in red ink on the top of the papers relating to it.

 


Part VII

Travelling Allowance

 

10-120. Sphere of duty – The sphere of duty for purposes of travelling allowance has been defined (Rule 1-23, Travelling Allowance Rules) as follows for different chases of Police officers:-

 

Serial No Class of Officer Sphere of duty Authority competent of allowance journeys beyond sphere of duty Extent
1 2 3 4 5
1. The Deputy Inspector-General of Police, Criminal Investigation Department, Punjab, and Gazetter officers of Government Railway Police and Criminal Investigation Department. The Province Inspector-Genral of Police Full powers in individual cases, provided that   the absence, is for reasons of a public nature which should be stated and does not exceed 14 days in each case
2. Deputy Inspectors-General of Police Rangers Respective Range Ditto Ditto
3. The Assistant Inspector-General of Police, Punjab The Province Ditto Ditto
4. Gazetted Officers attached to districts The boundaries of their districts Deputy Inspector-General of Police Ditto
5. Prosecuting Inspectors and Sub-Inspectors and Reserve, City and Cantonment Inspectors Their headquarters stations The Superintendent of Police under whose orders they are serving Ditto
6. Inspectors Sub-Inspectors Assistant Sub-Inspectors, Head Constables and Constables of the C.I.D., Punjab The Civil Station of Lahore or any other station to which such officer may be posted temporarily or permanently by specific order The Superintendent of Police under whose orders they are serving
7. Inspectors Sergeants, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables of the Government Railway Police, Punjab The Railway Police District The Assistant Inspector-General, Government Railway Police Full powers in individual cass, provided that the absence is for reasons of a public nature which should be stated and does not exceed 14 days in each case

 

Serial No Class of Officer Sphere of duty Authority competent of allowance journeys beyond sphere of duty Extent
1 2 3 4 5
8. Other Inspectors, Sergeants, Sub-Inspectors and Assistant Sub-Inspectors The boundaries of their districts The Superintendent of Police under whose orders they are serving Full powers in individual cass, provided that the absence is for reasons of a public nature which should be stated and does not exceed 14 days in each case
9. Other Head Constables and Constables The boundaries of the tahsil within which their headquarters are situated Ditto Ditto
10. Inspectors, Sergeants, Head Constables and Clerks of Motor Vehicles Staff Headquarters of the group Superintendent of Police of the district in which group headquarters are fixed

 

Note – A Police Officer acting in the exercise of his legal powers does not require prior sanction to proceed beyond his sphere of duty.

 

10-121. Rates of travelling allowance admissible to police officers – Appendix 10-121(a) and (b) show the rates of travelling allowances admissible to police officer for different classes of journey.

 

10-122. Mileage allowance – A mileage allowance is an allowance calculated on the distance travelled, which is given to meet the cost of particular journey on the principles explained in rule 2-25, Travelling Allowance Rules. Mileage allowance will ordinarily be granted by the route which is the cheapest and most expeditious.

 

10-123. Point of commencement and end of journey – The point in any station at which a journey is held to commence or end is the chief public office or such other Point as may be fixed for the purpose by the Provincial Government. (Rule 2-27, T.A. Rules). A list of points thus fixed is given in Appendix D of the same rules.

 

10-124. Mileage allowance for journeys by railway, sea or by river steamer – For the purpose of calculating mileage allowances by rail and steamer the class of accommodation sanctioned for a police officer in rule 10-121 is further defined as follows (Rules 2-29 and 2-32 of the Punjab Travelling Allowance Rules) :-

 

Class accommodation By Railway By sea or by river steamer
First class Highest class Highest class
Second class Second, or, if the line by which he travels provides no second class accommodation on any train, the highest class Second class – If there be two classes only on the steamer, the higher class, if there be more than two classes, middle or second class.
Intermediate class (1) On any railway which provides no intermediate class accommodation on any of the trains which stop at the stations to and from which the police officer is travelling:- (1) If there be two clases only on the steamer the lower class:-If there be three classes, middle or second class;

If there be four classes, third class

(i) Where there are two classes only, lower class; and 

(ii) Where there are three classes, second class if his pay is not less than Rs.100 and third class if it is less than Rs.100

(2) On any railway which provides intermediate class accommodation on trains which stop at the stations to and from which he is travelling, intermediate class

Provided that competent authority may direct that any Government servant whose pay does not exceed Rs.45 is entitled, for journeys generally or for particular journeys, to accommodation in lowest class
Third Class Lowest class Lowest class

 

Note – In cases where the intermediate or third class railway fare is higher for journeys made by faster trains than it is for journeys made by other trains, police officers entitled to the intermediate or third class of railway fare will not in general be allowed to draw mileage allowance regulated by the higher rate unless special reason can be shown for the necessity of travelling by the faster train and, in the case of transfers and recalls from leave, such mode of travel was expressly ordered in advance.

 

10-125. Mileage allowance for journeys by road – (1) For the purpose of these rules, travelling by road includes travelling by sea or river in a steam or motor launch or in any vessel other than a steamship, and travelling by canal.

 

(2) In calculating mileage allowance for journeys by road, fractions of a mile should be omitted from the total of a bill for any one journey but not from the various items which makeup the bill.

 

(3) If a police officer travels by stage carriage he can receive 1-2/3 fares actually paid in exchange for mileage (Rules 2-38 – 2-40 of T.A. Rules).

 

10-126. Mileage allowance for Journeys performed by motor car or motor cycle – Police officers travelling by motor car or motor cycle between places connected by railway may be allowed mileage allowance; provided that the Inspector-General, or the Deputy Inspector-General in respect of journeys by officers serving under them within such officers districts, certifies that the journey was performed in the public interest (Rule 2-41 T.A. Rules). For the purpose of this rule the fact that a motor car or cycle may be required for duty within the limits of another station is not in itself sufficient justification for a claim.

 

10-127. Journeys by special conveyance – When a police officer is required by the order of a superior authority to travel by special means of conveyance, the cost of which exceeds the amount of the daily allowance of mileage allowance admissible to him under the ordinary rules, he may draw the actual cost of travelling in lieu of such daily or mileage allowance. The bill for the actual cost must be supported by a certificate signed by the officer ordering the journey and countersigned by the controlling officer, that the use of the special means of conveyance was absolutely necessary, and specifying the circumstances which rendered it necessary (Rule 2-45 T.A. Rules).

 

10-128. Definition of tour – A police officer is on tour when absent on duty from his headquarters either within, or, with proper sanction (vide rule 10-120), beyond his sphere of duty. A journey to a hill station is not treated as a journey on tour (Rule 2-47, T.A Rules).

 

10-129. Distance to be travelled before daily allowance is admissible – Daily allowance may not be drawn for any day on which a police officer does not reach a point outside a radius of five miles from his headquarters or return to his headquarters from a similar point. The actual amounts which may be spent on tolls and on fares for journeys by railway or other public conveyance within five miles of headquarters may be drawn. (Rule 2.1 and 2.2 of the TA Rules, 1976].

 

Note: The term radius of five miles should be interpreted as meaning a distance of five miles by the shortest practicable route by which a traveller can reach his destination by the ordinary modes of travelling.

 

10-130. Halts on tour – Daily allowance may be drawn for a halt on tour or on a holiday occurring during a tour, provided, as a general rule, that the halt in any one place does not exceed ten days. After a continuous halt of ten days, the halting place ordinarily regarded as the officer’s temporary headquarters. Fro the method of calculating the duration of a halt, and the conditions under which daily allowance for prolonged halts may be granted, Travelling Allowance Rules 2-55 to 2-57 should be consulted.

 

10-131. Mileage allowance on tour – (1) When a journey by road only is performed mileage allowance may be drawn in addition to daily allowance for such portion of the journey as is in excess of (a) 25 miles if the journey starts from and ends with the same place on the same day; and (b) 15 miles in other cases. If, however, the mileage for the firs 25 to 15 miles (as the case may be) be less than the daily allowance, mileage should be drawn instead of daily allowance, provided the mileage calculated for the entire journey be not less than the daily allowance. For journeys from headquarters and back not exceeding 25 miles performed on the same day to a place beyond a radius of 5 miles the travelling allowance drawn should be mileage allowance or daily allowance, whichever is less.

 

(2) For journeys by rail or steamer, in addition to the rates admissible for such journeys, half daily allowance may be drawn for the day of departure and arrival including days of departure from and arrival at headquarters.

 

(3) When on any day, a journey by road is combined with a constable, may draw, in lieu of his daily allowance, mileage allowance in respect of the journey by rail or steamer or both plus either (1 half daily allowance of (2 if the journey by road does not exceed (a) 25 miles if it starts from, and ends with the same place on the same day, and (b) 15 miles in other cases, mileage allowance restricted to daily allowance. If these limits are exceeded he may draw in addition mileage allowance for the excess number of miles. Mileage allowance under this rule is calculated to and from the railway station.

 

Note 1 – Short journeys within a radius of five miles from headquarters may not be added to other journeys when calculating the distance travelled by road or the amount of mileage allowance admissible for road journeys.

 

Note 2 – in the case of a journey by a sub-inspector or assistant sub-inspector the place visited must be beyond his jurisdiction

 

(4) When a journey by road is performed in a private motor vehicle, which is not the property of the Government servant travelling, travelling allowance will be regulated by 1[21][rule 2-30©, (d) and (e) of the TA Rules, 1976] .

 

Note 1 – When two or more Government servants travel in a motor vehicle belonging to one of them the travelling allowance of the owner of the vehicle will be regulated by the ordinary rules, and the travelling allowance of the other government servants, travelling with the owner will be regulated by the rule referred to in sub-rule(4) above even though they may have incurred some expense for the use or propulsion of the vehicle in question.

 

Note 2 – The words “private motor vehicle” used in sub-rule(4) do not include pubic motor vehicles plying for hire (Rules 2-59 – 2-61-A, T.A. Rules).

 

2[10-132. Rules specially applicable to constables – The following provisions apply to constables as distinct form other ranks in the police force:-

 

(i)        For journeys by rail, mileage allowance may be drawn in addition to daily allowance for each day. (Rule 2-63(a), T.A. Rules).

 

(ii)       For journey by sea or river steamer, daily allowance at double the rate ordinarily admissible to him may be drawn in addition to mileage allowance, provided that, whatever be the nature of other journeys which may be combined with the steamer journey, no further daily allowance may be drawn for any day for which this double allowance is drawn (Rule 2-63(b), T.A. Rules).

 

(iii)      For a journey by road mileage and daily allowances at the rates allowed for “interior serve” are admissible on the same terms as for other police officers (rule 10-121) and, on any day when a constable travels by public or hired conveyance, mileage allowance may be drawn instead of daily allowance, provided the head of the officer certifies the necessity of such mode of travel. If, However, the journey is performed in a private motor vehicle (belonging to another Government servant) for the use of propulsion of which he does not incur any expense, he will draw daily allowance only in respect of this journey and no mileage allowance.

 

(iv)      For a journey by road combined with journey by railway or steamer, or both, the allowances admissible for the rail or steamer journeys under clauses (i) or (ii), as the case may be, and for road journeys under clause (iii) subject to the restrictions in clause (ii) regarding daily allowance (Rule 2-63, Travelling allowance Rules)

 

10-133. When travelling allowance for journeys on tour is inadmissible. Except in the cases mentioned below, police officers, including those in the Criminal Investigation Department, below the rank of inspector are not entitled to travelling allowance for journeys on tour within their sphere of duty (as defined in rule 10.120) other than journeys by rail or steamer.

 

Exception No. I. – Sub-inspector and assistant sub-inspectors are entitled to draw daily allowance at the ordinary rates for all journeys on duty :-

 

  • of more than 10 miles from their headquarters if they travel by a motor conveyance;
  • of more than 15 miles from their headquarters if they travel by any other mode of conveyance;

 

Provided that in both cases if the sub-inspector or assistant sub-inspector is attached to & police station, the place to which he travels is beyond the limits of the police station.

 

Note: – In the case of a road journey combined with a journey by railway or steamer or both and which exceeds the limits laid sown in exception I, the travelling allowance admissible under rule 2-66 of the Travelling Allowance Rules.

 

Exception No. II. – Head Constables and Constables may draw actual expenses for journeys by boat where this is the ordinary mode of travelling.

 

Exception No. III. – Police officers attached under proper authority to the camp of magistrates or gazetted police officers as court of personal orderlies.

 

Exception No. IV. – Police officers employed as clerks in district or railway police officer.

 

Exception No. V . – A police officer below the rank of Inspector may draw travelling allowance for a journey performed by motor omnibus or other road vehicle either within or beyond his sphere of duty –

 

  • between places not connected by rail, or
  • between places connected by road as well as by rail when the road route is the shorter or when the journey by rail, although shorter in distance, would cause inordinate delay ;

 

Provided that the Superintendent of Police certifies on the travelling allowance bill that the journey was necessary in the public interest and that no other form of travelling allowance has been drawn.

 

Note I. – In certifying that the journey was necessary in the public interest, the Superintendent of Police shall verify that the purpose of the journey was one for which travelling allowance is ordinarily admissible under the provisions of the Punjab Travelling Allowance Rules.

 

Note 2. – See also Police Rules 22.43.

 

Exception No. VI. – The staff employed on the mobile police patrol when the distance travelled is more than 20 miles from head quarters. (Appendix E to T. A. Rules).

 

Exception No. VII. – Sergeants of Police employed to control motor traffic on the Rawalpindi – Murree and Pathankot – Dharamasla roads, will be entitled to draw daily allowance for any day on which they are absent from their headquarters for more than eight consecutive hours.

 

Exception No. VIII. – Police Officers are permitted to draw travelling allowance for journeys by road within their sphere of duty made in public motor vehicles provided that the amount is not more than the railway fare between the two places and provided also that the journey if it had not been performed by a public motor vehicle would have been performed by rail.

 

3[22][10.134. Special Provisions regarding tours . – (I) The Inspector – General may authorise a police officer, who is compelled by a sudden emergency to leave his camp and travel rapidly to a place more than twenty miles distant, to draw, in addition to mileage and daily allowance, the actual cost of maintaining his camp, up to the amount of the rate of daily allowance admissible to such officer. (Rule 2.64, T. A. Rules).

 

(2) The Inspector – General may, by special order in each case, allow an officer to draw, in addition to daily or mileage allowance or both, the actual cost of transporting by rail or boat his horse, motor car or other means of conveyance and camp equipment, provided he is satisfied that the interests of the public service are served by such action. (For detiale conditions see rule 2.66, T. A. Rules).

 

(3)       Tent pitchers, not being enrolled polic officers, may draw travelling allowance, when accompanying an officer on tour for which travelling allowance is not drawn for more than two men of the menial establishment. Constables employed as tent pitchers will draw the travelling allowance admissible to their rank. (Rule 2.50 (note 3), T. A. Rules).

 

(4)       By special order in each case the Inspector – General may permit the recovery of the actual cost of maintaining camp equipage during halts at or within a five mile radius of headquarters. (Rule 2.71, T. A. Rules).

 

1[23][10-135. Travelling allowance admissible to Railway Police. – The special provisions governing the travelling allowances admissible to railway police officers on tour are contained in rule 2.68 of the Travelling Allowance Rules. The assistant Inspector – General, Government Railway Police, is responsible that those provisions are understood and observed by police officers and clerks serving under him. (Rule 2.68, T. A. Rules).

 

10-136. Travelling allowance for joining first appointment. – (I) Persons appointed direct from outside Government service to a post, whether permanent or temporary in the Police Department above the rank of head Constable (or, in the case of the clerical cadre, above the grade of Junior Clerk) shall at the discretion of the Inspector – General of Police, be permitted to draw travelling allowance for a journey performed in order to join such appointment at the rates authorised for that appointment for a journey on tour provided that the journey actually necessary in the circumstances of each case is over 100 miles, and that in no case shall allowance be drawn for any halt in the course of such journey (Rule 2.80 of Travelling Allowance Rules).

 

(2)       The concession contained in this rule does not include a journey by a candidate to attend a medical or selection board or to obtain a health certificate.

 

(3)       The case of the journey of a probationary Assistant Superintendent of Police appointed in England from the port a which he lands in India to the station to which he is ordered to proceed is governed by rule 2.78 of the Travelling Allowance Rules.

 

(4)       A Person, to whom travelling allowance has been granted on first appointment under this rule, may on the cessation of his temporary employment, be granted travelling allowance to return to the place at which he was engaged, under the conditions prescribed in rule 2.116 of the Travelling Allowance Rules.

 

10-137. Rates of travelling allowance under this rule. – Travelling allowance under rule 10.136 should be calculated as for a journey on tour, but no allowance may be drawn for halts on the journeys. (Rules 2.79 and 2.117, T. A. Rules).

 

10-138. travelling allowance on transfer. – Travelling allowance may be drawn on transfer from one station to another for the public convenience, if the police officer concerned is entitled to pay during the period occupied by the journey, but not otherwise, unless the authority sanctioning the transfer for special reasons which should be recorded, authorities such allowance. (Rules 3.1 & 3.2 T. A. Rules, 1976).

 

Travelling allowance is not admissible to an officer, who is transferred at his own request or in consequence of misconduct, unless the authority sanctioning the transfer, for special reasons, which should be recorded, otherwise directs. Travelling allowance for such journeys shall be calculated according to rule 2.84 and 2.89 (as regards police constables) of the Travelling Allowance Rules.

 

10-139. Justification of Claim. –     Countersigning and controlling officers are required to satisfy themselves that claims, especially those in regard to transport of conveyances and personal effects, are reasonable. Claims must be supported by certificates showing (a) in the case of families, the numbers and relationship of those for whom claims made (b) in the case of conveyances and personal effects, details and, if possible, the original receipts for the payments made, together with a certificate that the actual expense incurred was not less than the sum claimed. (Rules 2.174 (c), 2.84 (C), 2.84 (B), T. A. Rules).

 

1[24][10-140. Special cases. – In the following special cases allowances may be drawn according to the rules of the Travelling Allowance Rules quoted against each:-

 

(i)        When in consequence of transfer or deputation an officer’s family has to be sent to a station other than his new headquarters. (T. A. Rules 2.86).

 

(ii)       When an officer is allowed to hand or take over charge at a place other than his headquarters. (T. A. Rule 2.85).

 

(iii)      When an officer is appointed to a new post while in transit, takes leave before joining, or wile in transit to his new post, or is posted to a new station on return from leave. (T. A. Rules 2.91 to 2.94).

 

2[10-141. Allowances to Railway Police on transfer – Railway police officer on transfer within railway police jurisdiction are entitled to the allowances prescribed by rule 2.88 of the Travelling Allowance Rules, but police officered from the railway to the district police, or vide versa, are entitled to allowances on the scales prescribed in Appendix 10-121 (b).

 

10-142. Travelling allowances for journeys to and from hill stations – Special rules which govern the grant of travelling allowance to the Inspector – General and Deputy Inspector – General, Crime Investigation Department, and officers and clerks of their offices moving to and from Simla with the headquarters of Government, are contained in Appendix J of the Travelling Allowance Rules. The rules governing the move to hill stations within their spheres of duty of Deputy Inspectors – General of Ranges are contained in Appendix K of the same rules.

 

10-143. Allowances to officers travelling to a hill station by order of a superior authority or with in their sphere of duty – Up to a limit of ten days or the time required for the performance of a specific duty, whichever is less, officers may draw travelling allowance as for a journey on tour for visits to hill stations and the satins visited immediately before and after the halt at the hill station, will be forfeited. (Rule 6.7, 6.8 and 6.9, T. A. Rules, 1976).

 

Notwithstanding the above restrictions, the Inspector – General may allow, by special order in each case, extended halts or the extension of the stay during holidays or casual leave, and, with the sanction of the Provincial Government, may allow travelling allowance to an officer retained for duty in a hill station on expiry of casual leave.

 

Travelling allowance bills of all gazetted officers on account of visits to or halts at hill stations require the countersignature of the Inspector – General.

 

10-144. Officers permitted to perform their duties at a hill station for their own convenience – Police officers, other than Deputy Inspector-General of Rangers, whose case is covered by rule 10-143 above, who perform their duties at a hill station for their own convenience, are entitled to no travelling allowance either for the period of their stay, or for the journeys between the hill station and their headquarters in the plains, or the place in the plains which they visit in the course of a tour immediately before proceeding to or after leaving the hill station. Deputy Inspectors-General are responsible for the correct observance of this rule (Rule 2-97, T.A. Rules).

10-145. Visits to hill stations within sphere of duty – A Superintendent of Police is permitted to take his work to any hill station situated within the limits of his district under the following conditions:-

 

(a)       He may spend two periods of not more than fifteen days each at such hill station between 15th May and 15th October with the permission of the Deputy Inspector-General and with the concurrence of Deputy Commissioner. The grant of travelling allowance will be subject to the rules in Part II – class A of Appendix K of the Travelling Allowance Rules.

 

(b)       If he proceeds on duty to such hill station between the same dates and draws travelling allowance and halting allowance for ten days under rule 10-143 he shall forfeit the right to one period of 15 days recess for each occasion on which travelling and halting allowances are so charged.

 

(c)        When more then on Superintendent of Police is posted to the district, one such officer shall remain at headquarters or on tour in the plains during the period that any other such officer is taking a recess in the hills.

 

(d)       In the case of the Superintendent of Police, Rawalpindi, the tow periods of days apply, but not clause (b).

 

10-146. Allowances for journeys to attend departmental or language examination – (1) A police officer is entitled to draw travelling allowance as for a journey on tour but excluding any halts on the journey for the journey to and from the place at which he appears for an examination of any of the following kinds:-

 

(a)       An obligatory departmental or language examination.

 

(b)       An examination in the Pushtu or Baluchi languages, subject to permission to appear in the examination having been obtained in advance from the Inspector-General.

 

(c)        The prosecuting inspector examination, provided the officer has permission to attend.

 

(d)       Any other examination to which this concession may from time to time be extended (Rule 2-98, T.A. Rules)

 

(2) The grant of travelling allowances under the above rule is subject to the following conditions:-

 

(a)       travelling allowance shall not be drawn under this rule more than twice for any particular examination or standard of examination; and

(b)       the Inspector-General may disallow travelling allowance under this rule to any candidate who, on the showing of the report of the board of examiners :-

 

(i)        has culpably neglected the duty of preparing himself for an obligatory examination, or

 

(ii)       does not display a reasonable standard of proficiency in an examination which is not obligatory,

 

(iii)      in the case of the prosecuting inspectors’ examination, does not pass in at least on subject.

 

(3) A police officer who obtains a reward for proficiency by any standard in an oriental language, or who for the first time obtains a degree of honour in any language, in the second division, is entitled to draw travelling allowance for the journey to and from the place of examination.

 

Note – These concessions may be extended, with the sanction of the Provincial Government to officers who, during or while travelling to attend the examination, were on leave on average pay not exceeding four months.

 

(4) Accepted candidates for the post of prosecuting inspector may be permitted to draw travelling allowance for journeys to attend departmental examinations to and from the place of such examinations, provided that:-

 

(i)        in each case the candidate passes in at least one subject at the examination for attending which travelling allowance is claimed; and

 

(ii)       In no case can travelling allowance be drawn more than twice in respect of any one complete examination (Appendix L of the T.A. Rules)

 

10-147. Travelling allowance to officer on leave – Except as provided in the note to rule 10-146 travelling allowance may be drawn by Government servants in the police department for journeys performed while on leave only under the following circumstances:-

 

(i)        to an officer compulsorily recalled to duty one month or more before the expiry of his leave – mileage allowance for journey from the place at which the order of recall reaches him, or from the port of landing in cases of recall from overseas, to the station to which he is recalled. The authority ordering the recall has discretion to grant mileage allowance if the leave is curtailed by less than one month ( Rule 2-108, T.A. Rules). Allowances cannot be drawn under this rule in addition to those admissible under rule 10-143(3).

 

(ii)       to a non-gazetted officer compulsorily recalled from leave exceeding four months and posted, on pay not exceeding Rs.400 per mensem, to a station more than 200 miles distant from his old station – allowance as for a journey on transfer for himself and his family, subject to the maxima and conditions prescribed in rule 2-84 of the Travelling Allowance Rules (Rule 2-110, T.A. Rules)

 

10-148. Travelling allowance for journeys to give evidence – The following provisions govern the grant of travelling allowance to a police officer who is summoned to give evidence :-

(a)       in a criminal case, a case before a court-martial, a civil case to which Government is party or a departmental enquiry held by a properly constituted authority in British India, or

(b)       before a court in an Indian State or in foreign territory;

 

Provided that the facts as to which he is to give evidence have come to his knowledge in the discharge of his public duties:-

 

(i)        He may draw travelling allowance as for a journey on tour attaching to his bill a certificate of attendance given by the court or other authority which summoned him.

 

  • When he draws travelling allowance, he may not accept any payment of his expenses from the court or authority. Any fees which may be deposited in the court for the travelling and subsistence allowance of the witness must be credited to Government.
  • If the Court in which he gives evidence is situated within five miles of his headquarters and no travelling allowance is therefore, admissible for the journey, he may accept such payment of actual travelling expenses as the Court may make [Rule 4.9 of the TA Rules, 1976).

 

Note 1 – A police officer summoned to give evidence, who has to undertake a journey for the purpose while on leave is entitled to the concessions described in this rule.

 

Note 2 – When a police officer summoned as a witness in a criminal case, or in a civil case to which Government is a party, claims travelling allowance under this rule a certificate from the court should be attached to the bill showing that he has been paid no travelling or subsistence allowance under the rules of the court.

 

10-149. Payment of expenses in cases where travelling allowance is not drawn – A police officer summoned to give evidence in circumstances other than those described in rule 10-148 is not entitled to any payments other than those admissible by the rules of the court. If the court pays him any sum as subsistence allowance or compensation, apart from payment for travelling expenses, he must credit that sum to Government before drawing full pay for the day or days of absence (Rule 4.9 , T.A. Rules, 1976)

 

10-150. Travelling allowance to police officers charged in criminal or civil cases – The Provincial Government may sanction travelling allowance under rule 10-148 in cases in which police officers are compelled to answer criminal or civil cases brought against them in respect of acts done by them in the discharge of their official duty, and in which Government has decided to undertake their defence at the public cost. (Rule 2-121, T.A. Rules)

 

10-151. Travelling allowance for journeys to obtain medical advice – (1) If, owing to there being no medical officer of Government at the station at which he is posted a police officer is compelled to travel to another station, he may, on production of a certificate from the medical officer consulted that the journey was absolutely concession is not authorised for journeys to consult a dentist (Rule 4.14, T.A. Rules).

 

(2) travelling allowance may similarly be drawn for a journey to obtain a medical certificate, but not for one to obtain counter-signature on such a certificate (Rule 2-123, R.A. Rules).

 

(3) Prior sanction of the controlling officer is necessary for journeys of the nature referred to in sub-rules (1) and (2) above, if risk to the officer requiring medical advice is not entailed by the delay thereby involved (Rule 2-124, T.A. Rules).

 

(4) The grant of travelling allowance to a member of a superior civil service, who is of non-Asiatic domicile serving in a station where there is no medical officer appointed by Government to attend hi, or his family, is governed by rules 2-121-A and 2-121-B, of the Travelling Allowance Rules.

 

10-152. Journey to appear before a medical board preliminary to retirement – (1) A police officer who id directed by his official superior, in the interests of the public service, to apply for an invalid pension may, if he be required to make a journey in order to appear before a medical board, draw his actual travelling expenses, subject to a maximum of the amount of travelling allowance to his head-quarters after appearing before the medical board, he may draw his actual expenses subject to the same maximum. In both cases his travelling allowance bill must be supported by a certificate that he was directed to apply for an invalid pension in the interests of the public service, and that he did not voluntarily ask to retire (Rule 2-126, T.A. Rules).

 

(2) The Inspector-General may allow actual expenses, as limited by the above rule, to be drawn by a police officer who voluntarily applies for an invalid pension; provided that the authority is satisfied that the circumstances of the applicant are such as to justify the concession (Rule 2-127, R.A. Rules)

 

(3) A Government servant who has been directed to apply for, or, is in receipt of, a wound or disability pension from provincial revenues, may, for the journeys made to obtain a certificate from a Medical Board for the grant of or the continuance of his pension, draw his actual expense, subject to a maximum of the amount of travelling allowance calculated for the journey from his headquarters to the place where the Medical Board is held and back (Rule 2-126-A, T.A. Rules)

 

(4) Except as provided above no travelling allowances is admissible for a journey undertaken in order to appear before a medical board (Rule 2-128, T.A. Rules)

 

Note: Travelling allowance under this and rule 10.151 should be calculated as for a journey on tour, but no allowance may be drawn for halts on the journey. (Rule 2.219, TA Rules, 1976).

 

10-153. Travelling allowance for journeys during a course of training – (1) Police officer are authorised to draw travelling allowance as follows for journeys in connection with the course of training:-

 

(a)       for the original journey from his place of posting to the place of training and for the journey on return at the conclusion of the course, whether to the same or to another place of posting, at the course exceeds six weeks in duration; otherwise at the rates authorised for a journey on tour.

 

(b)       for journeys on duty performed under due authority during the course of training at the rates authorised for journeys on tour.

 

(2) When a course of training is divided into two or more terms, each of more than six weeks in duration, travelling allowance for journeys performed from the place of training and back to it again at the end of one term and the beginning of the next shall, if the interval has been spent in a continuation of training in some other place, ordinarily be drawn at the rates authorised for journeys on tour; provided that the Deputy Inspector-General in control of the course of training in question may, by special order in each case, permit the allowance to be drawn at rates authorized for journeys on transfer, if satisfied that the actual expense between two terms is treated as vacation, no travelling allowance will be admissible for journeys performed in proceeding on or returning from such vacation.

 

(3) The officers, who are required to sign and countersign bills in which claims under sub-rule(1) above are made, shall take special care to prevent abuse of the concession authorised. Claims for the cost of conveying personal effects by goods train should not be admitted without special reasons in each case, and no claim for the transport of a motor cycle or other conveyance will be allowed, unless the officer making such claim has been actually ordered by the Inspector-General to maintain such conveyance at the place of training.

 

Note – For rules relating to travelling allowance admissible to police officers permitted to attend a course of physical training beyond their sphere of duty, refer to Order III in Appendix O of Travelling Allowance Rules.

 

10-154. Travelling allowance for journeys as sick-attendant – Journeys performed in attendance on a sick Government servant on the authority of the District Health Officer are counted as duty, and travelling allowance as for journeys on tour may be drawn for the outward and return journey (Rule 2-130, T.A. Rules)

 

10-155. Travelling allowance when means of conveyance is supplied free of charge – When any police officer above the rank of constable travels on duty by conveyance supplied to him free of charge by Government, a local fund, a Court of Wards Estate or an Indian State, the allowance to which he is entitled will be reduced according to the extent to which free conveyance covered to the cost of the journey. The rules regulating claims for such journeys are contained in rule 2-159 to 2-162 of the Travelling Allowance Rules.

 

10-156. Journeys in connection with polling – Police officers detailed for duty in connection with the maintenance of order at polling stations or the guarding and escorting of ballot boxes will be entitled to the travelling allowance admissible to them according to their grade as for journeys on tour or escort duty respectively ( Rule 2-171, T.A. Rules)

 

Note – The cost of carriage of ballot boxes shall be recovered from Deputy Commissioners.

 

10-157. Controlling officers – The Superintendent shall be the controlling officer for the countersignature of all travelling allowance bills of enrolled police officers serving under him in the district. The Principal Police Training School and Assistant Inspector-General of Police, Punjab, shall similarly countersign bills of enrolled police officers and clerks serving under them.

 

Deputy Inspectors-General shall be the controlling officer for the countersignature of all travelling allowance bills of gazetted officers in their ranges and of clerks serving in their offices. Bills of Assistant Superintendents of Police and Deputy Superintendents of Police shall be first countersigned by the Superintendent under whom they are serving, before submission to the Deputy Inspector-General. The Assistant Inspector-General, Railway Police, the Deputy Inspector-General, Criminal Investigation Department, and the Principal, Police Training School, Phillaur, are controlling officers for the bills of gazetted and enrolled officers and clerks serving under them.

 

The officers specified are prohibited from delegating their authority of countersignature.

 

10-158. Responsibility of controlling officers – (1) it is the duty of a controlling officer, before signing or countersigning a travelling allowance bill:-

 

(a)       to scrutinise the necessity, frequency and duration of journeys and halts for which travelling allowance is claimed, and to disallow the whole or any part of the travelling allowance claimed for any journey or halt, if he considers that a journey was unnecessary or unduly protracted, or that a hlat was of excessive duration;

 

(b)       to scrutinise carefully the distance entered in travelling allowance bills;

 

(c)        to satisfy himself that, where the actual cost of transporting servants, personal effects, etc., is claimed under these rules, the scale on which such servants, effects, etc., were transported was reasonable and to disallow any claim which, in his opinion, does not fulfil that condition;

 

(d)       to exercise care that there is no evasion or breach of the fundamental principle of travelling allowance laid down in Fundamental rule 44, viz., that the allowance is not to be source of profit, especially in the case of journeys by road performed

(e)        to ensure that departmental rules regarding the preparation, submission and payment of travelling allowance bills are correctly followed, and (Rule 2-174, T. A. Rules.)

 

(f)        to judge on the circumstances of each case whether the officer making the journey could or could not have purchased a return ticket according to the rules of the railway or steamer company and to allow travelling allowance according to the proviso to Rule 2-23, Travelling Allowance Rules, when he considers that the officer making the journey could have purchased, return ticket.

 

(2) The scrutiny to be exercised before signing and counter signing bills of enrolled police officers and clerks is prescribed rule 10-160. To enable a proper check to be kept on the claims of gazetted officers and to prevent the allowances for one journey from being charged twice the Inspector General and Deputy Inspectors General shall maintain a register in Form No, 10-158 (2).

 

10-159. Travelling allowance bills forms ­– Gazetted officers bills shall be prepared in Civil Account Form No, 2 and those of enrolled police officers and clerks shall be prepared inform 10-159 (b). The certificates printed on these forms endorse the necessity of a careful scrutiny by signing and countersigning officers, as directed in rule 10-4.

 

Note – Travelling allowance claims for additional police shall be prepared on separate bills from those of the regular establishment.       

 

10-160. Preparation of enrolled officers bills – (1) Every effort must be made to expedite the submission of claims for travelling allowance of enrolled officers and the preparation and disbursement of the amounts of bills.

 

(2) Officers in charge of police stations and Lines officers shall insist on the prompt entry by their clerk head constables of all claims for journeys performed by themselves or police officer serving under their orders in Form 10-160 (2 (a). This form will remain open for ten days, and all journeys completed within that period shall be entered in it. After ten days it shall be closed and submitted, together with an acquittance roll in Form 10-160(2)(b), duly filled in as regards the first seven columns to the Superintendent of Police. The bills and all certificate required to be furnished with it shall be signed by the Lines officer himself and in police stations by the officer in charge of the police station, or, in his absence, by the senior police officer present. A brief abstract showing the amount of the bill and the dates covered by it, shall be entered in the correspondence register at the time of despatch to headquarters.

 

(3) Claims for mileage allowance for distances which are not shown in the published polymetrical table of the district or in any available map, or which are otherwise open to question must be supported by the certificate of the officer in charge of the police station, within whose jurisdiction the whole or part of the journey was performed, or by other satisfactory evidence of the correctness of the distance entered in the claim.

 

Officers preparing travelling allowance claims must scrutinize with special care claims for daily and other allowance for journeys which have caused their subordinates to visit the neighbourhood of their homes. So far as may be possible orders necessitating such journeys should be avoided.

 

(4) The Superintendent shall, on receipt of the bills mentioned in sub-rule (2) above, have them checked and translated in his office by the bill clerk, whose work in this connection shall be supervised by the head clerk and accountant. Consolidated bills shall be prepared in the prescribed form, whenever a sufficient number of Urdu bills have been received and checked; this should ordinarily be three times in the month.

 

(5) The bills clerk, after preparing the consolidated English bills shall, jointly with the accountant, check it carefully with the Urdu bills, and shall then correct and complete the acquittance rolls. The accountant shall make the necessary entries the Advice Notes and the Cash Distribution Register. The contents of the consolidated bill shall then be entered in the travelling allowance register to be maintained in English by the bill clerk in Form 10-160 (5).

 

(6) When the procedure described above has been completed, the consolidated bills shall be presented at the treasury, together with the necessary requests for cash orders, letters of credit, etc., as in the case of encashment of pay bills. Acquittance rolls will be returned to the disbursing officers together with the advice note.

 

10.161. Avoidance of delays: Bills shall, as far as possible, be corrected in the Superintendent’s office. No bill shall be returned to the preparing officer for correction except by the order of the gazetted officer, who should satisfy himself that the error cannot otherwise be rectified. Items requiring verification should not be allowed to delay claims on account of other journeys. Such items should either be withheld for further enquiry by officers submitting bills in Form 10.106 (2) (a) or excluded from the consolidation bill until verified.

 

10.162. Acquitance rolls of travelling allowance: Acquitttance rolls shall be given an annual serial number on first receipt by the bill clerk and this number shall be quoted in column II of the travelling allowance register. After disbursement of the amounts entered in them, acquittance rolls shall be returned to the office of the Superintendent, and, after being carefully checked by the bill clerk, shall be filed as directed in Rule 10.163 in the order in which they are translated in the consolidated bills and the travelling allowance register shall be endorsed in red ink on the top of the each Urdu bill.

 

10-163. Check on disbursement – It is an important duty of gazetted officers to check the correct disbursement of travelling allowance which is sometimes inevitably delayed. To facilitate this check the serial numbers and officer of origin of all travelling allowance acquittance rolls, which have not so far been returned to the office, shall be entered in the remarks column of the travelling allowance register on the last working day of each month. These entries shall be initialled by a gazetted officer after comparison with the previous months’ entry.

 

 

 

PART VIII

Miscellaneous

 

10-164. Police Lands Fund ­– Revenue and expenditure in connection with police lands (vide rule 3-28 et seq) shall be accounted for in the police lands fund. Payments to this fund shall be made in the manner prescribed in rule 10-150 (b). Expenditure from the fund can be incurred, at the discretion of the Superintendent of Police within his budget allotment, on the pay of the establishment sanctioned for each district by the Deputy Inspector General, on the planting and watering of shade and fruit frees and ornamental shrubs, and on similar development of the land calculated to improve, the appearance and amenities of Police Lines and other buildings. If funds are available after the above purposes have been served, expenditure may be incurred, under the specific sanction of the Deputy Inspector General in each case, on the purchase and upkeep of utensils for the use of cooks in the headquarters lines. Sums for expenditure shall be drawn in abstract contingent bills as prescribed in appendix 10-111.

10-165. Establishment – All posts on the establishment of the police lands fund are non-pensionable and can be created only on the authority of the Deputy Inspector General of Range. The Accountant General shall be supplied by each Deputy Inspector General with a statement of all such posts, and all alterations in the establishments should be similarly communicated.

 

10-166. Budget estimates and allotments or police land fund – (1) Superintendents of police shall submit to the Deputy Inspector General annually on the 1st August budget estimates of police lands fund revenue and expenditure in Form 10-166 (1).

 

(2) Estimates shall be carefully framed on the principle laid down for other budget estimates. The relation between revenue and expenditure must vary according to local conditions. In some places the revenue cannot be expected to provide for the minimum expenditure, which is necessary to keep the surroundings of police buildings in proper order; in other places revenue from valuable fruit crops and the like may greatly exceed the reasonable needs of expenditure. Superintendents in making their estimates and Deputy Inspectors – General in scrutinising them are required to consider each case carefully on its merits and to ensure that steps are taken to credit to the fund all revenue, which can reasonably be collected from the lands, and that no expenditure is incurred which is not both consonant with the legitimate purposes of the fund and provided for in the allotment of funds. Convincing reasons will be required, however, in every case where estimates of expenditure exceed estimates of revenue.

 

(3) Deputy Inspectors – General shall submit consolidated estimates in Form 10-166 (3) for their ranges to the Inspector – General not later than 25th September, retaining the original district estimates in their own offices.

 

(4) On receipt of intimation from the Inspector – General of the allotments placed at their disposal Deputy Inspectors – General shall make distribution to districts at their discretion. Re-appropriation within the distribution may be made at the discretion of the Deputy Inspector – General, who may also, if he considers it necessary, apply to the Inspector – General for re-appropriation from the police lands fund allotment of another range.

 

10-167. Local audit of police accounts – A special post of auditor is sanctioned in the office of each range Deputy Inspector – General. These auditors are required to carry out a through audit inspection of the whole of the accounts, including those of the Police Deposit Fund and General Police fund, in each district of the range, in conjunction with the Deputy Inspector – General’s annual inspection of the district. They shall carry out similar audit inspections of police offices not attached to ranges, as may be ordered by the Inspector – General or Deputy Inspector – General.

 

10-168. The Budget – Gazetted officers, head clerks and accountants are required to familiarise themselves with the general principles of the system of Government accounts contained in the Punjab Budget Manual. In order that they may understand the processes by which revenue and expenditure are estimated and demands scrutinised, and to enable them to put forward proposals affecting their own offices in the form necessary to ensure consideration at the proper time, a study of the following portions of the Manual in particular is necessary:-

 

Paragraphs 1-2, 1-4 and 14-1, showing the structure of the estimates and the division of expenditure.

 

Paragraphs 1-10 and 1-11, explaining the chain of scrutiny and the imperative necessary of adherence to prescribed procedure and dates.

 

Paragraphs 1-12 to 1-17, which show the stages through which all proposals involving new expenditure have to pass, and from which it can readily be understood that the prospect of such proposals being sanctioned without avoidable delay depends mainly upon the care and foresight with which schemes are presented in the first instance by Superintendents of Police.

 

Paragraphs 1-22 which explains the means by which unspent balances (other than the savings in the contract contingent grant) may be made available in the next budget grant, thus making hasty expenditure at the end of a financial year inexcusable.

 

Paragraphs 1-25 which is an explanation of the constitutional reasons for the prohibition of expenditure in excess of budget grants.

 

Chapter 3, read with the relevant portions of Appendix D and paragraph 5-6, describes the method of completing the forms supplied by the Finance Department for the preparation of budget estimates of revenue and expenditure, the nature of the explanatory material which is required in support of estimates and the dates and channel of submission.

 

10-169. Preparation of budget estimates – Budget estimates will be prepared in the first instance by head clerks and accountants, but heads of offices are required personally to check the estimates so prepared with great care, and to satisfy themselves that estimates of revenue and expenditure are as accurate as possible, and are not mere repetitions of the figures of previous years.

 

Note –Grain compensation allowance estimated for the current and next year will be entered in Form B. M. II and attached to the budget estimates.

 

10-170. Proposals involving new expenditure – (1) In making proposals, other than proposals concerning buildings involving expenditure not provided for in their budget allotments, officers shall invariably endeavour to suggest a means of meeting such expenditure during the current financial year by re-appropriation within their allotment. Failing such re-appropriation the Inspector – General may, if the proposal is approved, provide funds by re-appropriation within his powers. Where, however, the proposal involves recurring expenditure for which provision must be made in the budget of the ensuing year, the provisions of Chapter 7 of the Budget Manual must be strictly observed. As all such proposals have to be placed by the Inspector – General before the Finance Department not later than August 1st, after scrutiny by Deputy Inspectors – General, by Inspector – General himself and by the Home Department, it follows that the proposals must be put forward by the Superintendent of Police by June 15th at the latest. Only in very urgent cases can the Inspector – General send up supplementary proposals as late as the 1st October, so the latest possible date for the submission by Superintendents of even urgent proposals involving expenditure in the next financial year is the 1st September.

 

(2) In the case of proposals for new expenditure on buildings the principles laid down in chapter 7 of the Budget Manual also apply generally, but the date by which the Inspector – General is required to submit his list of major and minor works is the 20th September ; proposals may, therefore, be put forward to Deputy Inspectors – General by Superintendents as late as the 1st September, Supplementary proposals may, if of great urgency, be submitted to Deputy Inspectors – General up to the 10 the October at the latest. As, however, proposals regarding buildings require the preparation of plans and estimates and the obtaining of administrative approval according to police rule 3.7 before the Inspector – General can take any steps towards in the proper form, in order of urgency and by the required dates. On the other hand proposals should not be submitted unless there is reasonable prospect of getting funds. Inquiry might be made demi-offically from the Inspector – General

 

10-171. Distribution of budget allotment – The action to be taken after the communication to the Inspector – General of the budget allotment of the department for the year is described in paragraphs 12.5 and 12.6 of the Budget Manual. Not later than the 15th May the Inspector – General informs heads of offices, by means of a statement published in the Police Gazette, of the grants distributed to them, and the amounts retained by him in reserve.

 

10-172. Reporting of loss caused to Government – In order that transactions which involve a loss to Government may be properly accounted for in audit, all instances of loss to Government coming under the following categories shall be reported to the Inspector – General through the Deputy Inspector – General concerned, and also to the Accountant – General, through the Inspector – General, in cases in which a report to that officer is to be made under Article 29 of the Civil Account Code.

 

(a)       Complete or partial relinquishment of a claim for money due to Government.

 

(b)       Loss, theft or embezzlement of money due to Government.

 

(c)        Losses other than trivial losses in stores and equipment.

 

(d)       Losses of or deficiencies in cash in hand, whether in the form of a deposit with the treasury or imp rest money.

 

Note – the acceptance of counterfeit coins or notes is regarded as a loss.

 

(e)        Previous over-payments of which the record in the accounts cannot now be rectified.

 

(f)        Payments in excess of what would ordinarily be due, where, the excess payment is due to the action of another department of Government.

 

(g)       Payments on account of default or damage which have to be made under the terms of a contract.

 

(h)       Payments made by Government servants as acts of grace, i.e., where no payment is due under statute or rule, but where, having regard to the circumstances, payment is regarded as equitable.

 

(i)        Payments for damage done by Government servants or by Government property or by fire in a Government building.

 

(j)        Payments by Government which are in excess of the amount admissible under rule.

 

(k)       Irrecoverable balances of payments made by Government in advance.

 

(l)        Losses due to errors of Government servants which can be measured in terms of money.

 

10-173. General Provident Fund – (1) all police officers in permanent and pensionable service and all members of the police clerical cadre are eligible to become subscribers to the General Provident Fund. Subscription to the Fund is compulsory I the case of all Europeans and Anglo-Indians in permanent service. The statutory rules of the fund are published in a pamphlet which is on record in all district Police Officers.

 

(2) Advances from the fund may be granted under the conditions prescribed in the statutory rules by the following authorities.

 

To subscribers who are gazetted officers.                  The Inspector – General.

 

To subscribers who are non-gazetted officers            Deputy Inspector – General

in receipt of Rs.150 per mensem or over.

 

To all other subscribers          ..          ..                      Superintendents of Police.

 

The authorities specified are prohibited from delegating their powers of sanction.

 

 

[1]8 Words “The Assistant Inspector General, Government Railway Police” deleted by the Notifi. No. 2184/M-3, dated: 12-7-1979 [PLD 1979 Pb. St. 196]

 

[2]1 9 Words “The Assistant Inspector General, Government Railway Police” deleted by the Notifi. No. 2184/M-3, dated: 12-7-1979 [PLD 1979 Pb. St. 196]

20 Deleted by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

21 Deleted by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

22 Rule 10.39 sub. by the Notifi. No. 21824/M-3, dated: 12.07.1979 [PLD 1983 Pb. St. 197]

 

24 Subs. for the words “Inspection” by Notifi. No. PH-IV/2/68, dated: 19.12.1968

25 Deleted by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

26 Deleted by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

27 Deleted by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

28 Inst. by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

 

2[9] Inst. by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

30 Subs. by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

31 Inst. by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

32 Subs. by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

34 Deleted by the Gaz. of Punjab. Part-III, dated: 27.04.1983 Notifi. No. 7258/M-III, [PLD 1983 Pb. St. 44]

 

35 Words added by Notifiation No. 21824/M-III, dt: 12-7-1979. [PLD 1979 Pb. St. 44]

 

36 Paras 3,4,5 and 6 subs. by Gaz. of Punjab. Estd dated: 09.01.1985. Notifi. No. 38/Legis [PLD 1986 Pb. St. 79]

37 Rule 10.78 subs. by Gaz. of Punjab. part III, dated: 27.04.1983. [PLD 1986 Pb. St. 79]

 

1 Deleted by the Gaz. of Punjab, Part-III, dated: 27.04.1983 Notifiation No. 7258/m-III [PLD 1983 Pb. St. 44]

2 Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983 Notifiation No. 7258/m-III [PLD 1983 Pb. St. 44]

[18]

1 Subs. by the Gaz. of Punjab, EXTD, dated: 12.7.1979 Notifiation No. 21824/M-III [PLD 1979 Pb. St. 187]

1 Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983 Notifiation No. 7258/m-III [PLD 1983 Pb. St. 44]

1 Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983.

2 Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983.

3   Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983

1   Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983

1   Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983

2   Subs. by the Gaz. of Punjab, Part-III, dated: 27.04.1983

APPENDIX 10.22(1)

 SPECIMEN SCALE AND INSTRUCTIONS FOR CALCULATING CHARGES FOR ADDITIONAL POLICE.

Cost for the first year

Rs. a. p.
One Inspector at Rs.210 per mensem            …        … 2,520 0 0
On Sub-Inspector at Rs.95 per mensem         …        … 1149 0 0
One Assistant Sub-Inspector at Rs.49 per mensem   …        … 588 0 0
One Head Constable at Rs.35 per mensem    …        … 420 0 0
Twenty-five Foot Constables –
Six Foot Constables at Rs.21 per mensem each         … 1,512 0 0
Nineteen Foot Constables at Rs.18 per mensem each… 4,104 0 0
Four Foot Constables at Rs.18 per mensem each, i.e. 1/6th of the total number of Constables on account of contingency reserve           …        …        … 864 0 0
                                                Total pay of establishment 11,148 0 0
Contingencies at 1/10th of pay of establishment         …        … 1,114 12 9
Leave contributions –
121/2 percent of total average pay of establishment, i.e. 1/8th of total pay of establishment 1,393 8 0
Pension contributions –
81/6 percent of maximum pay of –
Rs.
One Inspector …        … 300
One Sub-Inspector      …        … 160
One Assistant Sub-Inspector …        … 60 1,349 7 4
One Head Constable   …        … 45
Twenty-nine Foot Constables            …        … 812
1,377
Conveyance allowance for one Inspector at R.30 per mensem 360 0 0
Conveyance allowance for one Sub-Inspector at Rs.30 per mensem …        …        …        … 360 0 0
Conveyance allowance for one Assistant Sub-Inspector at Rs.15 per mensem         …        …        …        … 180 0 0
Thirty clothing allowances at Rs.15 each       …        … 450 0 0
Thirty equipment allowance at Rs.5 each      …        … 150 0 0
                                                            Total   …        … 16,505 12 1

Initial charges

 

Rs. a. p.
Uniform allowance for one Inspector at Rs.200         …        … 200 0 0
Uniform allowance for one Sub-Inspector at Rs.200 …        … 200 0 0
Uniform allowance for one Assistant Sub-Inspector at Rs.200 200 0 0
Thirty clothing allowances at Rs.15 each       …        … 450 0 0
Thirty equipment allowances at Rs.5 each     …        … 150 0 0
Thirty beds allowances at Rs.15 each            …        … 450 0 0
                                                                        Total   …        … 1,650 0 0
Hutting charges (initial or recurring as the case may be)        … 400 0 0
                                                            Grand Total    …        … 18,555 12 1

 

Note 1 There will be the usual proportion (viz. 25 percent) of selection grade constables, these appointments will be temporary.

 

Note 2 – Contingencies include all charges for which no express provision is made, not excepting travelling allowance, carriage of constabulary and rewards.

 

Note 3 – All upper subordinates directly appointed or promoted from the rank of Head Constables are entitled to free uniform, for which an initial grant of Rs.200 and subsequent yearly allowance of Rs.25 will be credited to the Clothing Fund.

 

Cost for the second year

 

Rs. a. p.
One Inspector at Rs.210 per mensem            …        … 2,520 0 0
On Sub-Inspector at Rs.95 per mensem         …        … 1140 0 0
One Assistant Sub-Inspector at Rs.49 per mensem   …        … 588 0 0
One Head Constable at Rs.35 per mensem    …        … 420 0 0
Twenty-five Foot Constables –
Six Foot Constables at Rs.21 per mensem each         … 1,512 0 0
Nineteen Foot Constables at Rs.18 per mensem each… 4,104 0 0
Four Foot Constables at Rs.18 per mensem each, i.e. 1/6th of the total number of Constables on account of contingency reserve    …        …        … 864 0 0
                                                Total pay of establishment 11,148 0 0
Contingencies at 1/10th of pay of establishment         …        … 1,114 12 9
Leave contributions –
121/2 percent of total average pay of establishment, i.e. 1/8th of total pay of establishment 1,393 8 0
Pension contributions –
81/6 percent of maximum pay of –
Rs.
One Inspector …        … 300
One Sub-Inspector      …        … 160
One Assistant Sub-Inspector …        … 60 1,349 7 4
One Head Constable   …        … 45
Twenty-nine Foot Constables            …            … 812
1,377
Conveyance allowance for one Inspector at R.30 per mensem 360 0 0
Conveyance allowance for one Sub-Inspector at Rs.30 per mensem           …        …        …        … 360 0 0
Conveyance allowance for one Assistant Sub-Inspector at Rs.15 per mensem     …        …        …        … 180 0 0
Thirty clothing allowances at Rs.15 each       …        … 450 0 0
Thirty equipment allowance at Rs.5 each      …        … 150 0 0
Uniform allowance for one Inspector …        … 25 0 0
Uniform allowance for one Sub-Inspector      …        … 25 0 0
Uniform allowance for one Assistant Sub-Inspector             …            … 25 0 0
Hutting charges (if recurring)  …        …        … 400 0 0
                                                            Total   …        … 16,980 12 1

 

Note – The strength of the force of Additional Police to the employed depends on circumstances. The specimen scales given above are merely a guide to the cost of the officers and men whom it is decided to employ.

 

 

APPENDIX 10.31(1)

The table below details the different classes of police income which should be credited on relization to the heads shown in columns 2, 3 and 4

S.No. of sub-head in col-4 No. and name of Major Head Minor Head Description or detailed sub-head Description of income to be credited under the sub-head
1. XXIII – Police Contribution for Railway Police
Fees, fines and forfeiture Recoveries under Section 41, Police Acr V of 1861.

 

Cost of certificates of appointment

 

Copying fee of departmental proceedings and records.

Recoveries of over-payments. Collection of payments for services rendered:-

1.   Fee for students from Indian States admitted to the Police Training School, Phillaur.

Recoveries on account of over-payments in previous years.
2.   Contribution from Indian States to be Finger Print Bureau.
3.   Leave salary contribution of officer lent of foreign services.
4.   Contribution towards passages of Government servants lent to other Governments. Contribution from other Governments for passage of Police Officers permanently borne on Punjab cadre who are temporarily lent for service to Governments other than Punjab Government shall be credited under this head.
5.   Contribution towards passages of Government servants lent on foreign service. Contribution from Indian States for passages of Police Officers lent for service in those States shall be credited under this head
6.   Contributions towards horse, saddlery and uniform allowances of officers lent on foreign service. Contributions from Indian States for horse, Saddlery and uniform of officers lent for service in those States shall be credited under this head.
7.   Refunds allowed by Military authorities for Ordnance Stores returned to Arsenals
8.   Receipts on account of Additional Police employed under sections 13, 14 and 15 of Police Act V of 1861. Income on account of –

1.     Additional Police supplied to private persons (Rule 10-21)

2.     Additional Police supplied to public departments (Rule 10-23)

3.     Additional Police quartered in disturbed or dangerous area (Rule 10-24)

shall be credited under this head except pension charges which shall be credited under Receipt Major Head XLIV – Receipts-in-aid of Superannuation.

Miscellaneous (1) Police Land Receipts All proceeds on account of sale of grass, wood fruit, vegetables, stable litter and grain, grazing, fees, and rent of land leased for cultivation in each district.
(2) Miscellaneous Two months’ pay in lieu of two months’ notice of resignation (Rule 14-11)
2. XLV – Stationery Stationery Receipts Sale proceeds of stationery Sale proceeds of English Stationery (such as olds scissors, pen knives, rulers, etc., supplied by the Stationery Office, Calcutta.
3. Sale of Gazettes and other publications Subscription to English Gazettes Subscription to the Punjab Police Gazettes, English edition
4. Subscription to Urdu Gazettes Subscription to the Punjab Police Gazettes, Urdu edition.
5. Advertisement Rule 11-54
6. Sale of gazettes Price of either edition of the Punjab Police Gazettes sold or recovered from Police Officers purchasing or losing them.
7. Sale of other publications Price of publications which may be authorised to be stoked for sale in Police Offices.
8. Sale proceeds of Stationery boxes or other material in which English Stationery is supplies from Stationery Office, Calcutta.
9. XLVI – Miscellaneous Sale of old stores and material (a)    Sale proceeds of all Government Stores (other than articles of clothing or equipment) such as Ordnance Stores, tents, articles of furniture, waste paper and building material.

(b)    Recoveries on account of damages done to any of the above articles when money is not spent on their renewal or repairs.

10. Police Deposit Clothing (a)    Annual Clothing allowances (Rule 10-113)

(b)    Sale proceeds of all articles belonging to, or purchased from, the Clothing Fund.

(c)    Cost of damage done to articles of the Clothing Fund, if not spent on the renewal of, or repairs to, the articles (Rule 4-24).

11. Equipment (a)    Annual foot and mounted equipment allowances (Rule 10-113).

(b)    Sale proceeds of all articles belonging to foot or mounted equipment (Rule 10-113)

(c)    Cost of damage done to articles of foot or mounted equipment, if not spent on renewal of, or repairs to, the articles (Rule 5-4)

12. Estates (a)    Clothing money and all cash balances held on behalf of estates of deceased, deserted or lunatic Police Officers, and Chanda, if any, due to such officers (Rule 10-55)
13. Excluded Local (Police Remount) Fund Chanda (a)    Chanda money (Rules 7-11, 7-12)

(b)    Chanda subscriptions (Rule 7-10)

(c)    Horse or Camel allowances forfeited (Rule 7-12 et seq.)

(d)    Sale proceeds of horses, camels, or their foals, or of their skins, etc. (Rule 7-22)

The rules governing the procedure to be followed in regard to the Chanda Fund are give in Chapters VII and X.

 

 

APPENDIX 10.63

 

TABLE A.

Rates of pay sanctioned for all ranks and grades in the police department

 

Post Year of service Pay Overseas pay (if drawn in sterling) Overseas Pay (if drawn in rupees) Remarks
1 2 3 4 5 6
Rs. £ Rs.
Inspector-General .. 2,500–125–3,000 13 6 8 The new scale will apply to all officers at present serving in the rank of Deputy Inspector-General except those who exercise the option of remaining on the old scale.<