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Article 172 (Destruction by Explosives). (1) A person who causes an explosion of gunpowder, a steam boiler, or other potentially explosive object and thereby damages or destroys an item mentioned in Articles 164 through 167 (arson) shall be punished in accordance with the provisions for arson.
(2) Where the conduct of the preceding paragraph is caused by negligence, it shall be punished in accordance with the provisions for fire caused by negligence.
19. Under the Penal Code the following offenses are subject to capital punishment: (1) Insurrection; (2) Rendering aid in collaborating with the enemy; (3) Espionage; (4) Causing injuries to a person or damages to property by using explosives; (5) Arson of dwellings; (6) Obstruction of traffic causing death or injury of another; (7) Obstruction of use of drinking water causing death or injury of another; (8) Murder; (9) Murder upon request by fraudulent means; (10) Robbery-murder : death; (11) Piracy.
20. The Code of Criminal Procedure contains the following Article:
Article 254 (Method of Instituting Public Action). (1) The institution of public prosecution shall be made by filing an indictment.
(5) Facts constituting several offenses (multiple counts) and penal provisions may be stated conjunctively or in the alternative.
Under the above Article, if a person is suspected of having committed more than one offense, the prosecutor can state in the indictment all the alleged offenses together, or can state only the most serious one. (The Republic of Korea, The Supreme Court, Korean Legal System, 1970, p. 34.) Other relevant provisions of the same Code include:
Article 258 (Sending cases to other jurisdiction). If a prosecutor considers that the case does not come within the jurisdiction of the court corresponding to the prosecutor's office to which he belongs, he shall transfer the case, together with the documents and evidence, to a prosecutor of the prosecutor's office corresponding to the court having jurisdiction.
Article 327 (Judgment dismissing public action). The public prosecution shall be dismissed by a judgment in the following cases:
(1) In a case the court has no jurisdiction over the accused;
(2) In a case the public prosecution has been instituted in violation of the procedure prescribed by law;
(3) In a case where the public prosecution was instituted, the public prosecution has again been instituted with the same case;
(4) In a case where the public prosecution has been instituted in violation of Article 329 (cancellation of public prosecution and re-indictment).
The Indian Penal Code 1860 and the Code of Criminal Procedure 1898 applied to the whole of the former British-India sub-continent, which presently comprises the territories of Pakistan and India. After the Independence of Pakistan in 1947, these Codes were adopted in Pakistan by virtue of the provi. sions of Indian Independence Act 1947, and continue to be applicable under the title of The Pakistan Penal Code 1860 1 and Code of Criminal Procedure 1898.2
A Xerox copy of the contents of the Pakistan Penal Code will show that the laws of the Penal Code correspond to those of the Indian Penal Code, So that the criminal laws in India and Pakistan are alike and the answers to the questionnaire relating to India will apply to Pakistan also.
As for question 18, a copy of the Arms Act 1878,3 is attached. The provisions of this law consolidate and amend the law relating to Arms, Ammunition and Military Stores. The Government has in this law the power to control the sale, purchase, and import dealings in the arms and ammunition, etc. Strict penal. ties are provided for infringement of the law. Penalties for contravention are prescribed in Chapter VI of the Act.
1 The Pakistan Penal Code, Rawalpindi, Government of Pakistan, Ministry of Law & Parliamentary Affairs, Law Division, 1966.
"IV The Pakistan Code, Karachi, Government of Pakistan, Ministry of Law & Parliamentary Affairs, Law Division, 1966.
3 II The Pakistan Code, Karachi, Government of Pakistan, Ministry of Law & Parlia. mentary Affairs, Law Division, 1966.
GOVERNMENT OF PAKISTAN, MINISTRY OF LAW AND PARLIAMENTARY
AFFAIRS--THE PAKISTAN CODE
THE ARMS ACT, 1878
Savings. 2. Commencement. 3. [Repealed.] 4. Interpretation-clause.
II.---MANUFACTURE, CONVERSION AND SALE
5. Unlicensed manufacture, conversion and sale prohibited.
III.-IMPORT, EXPORT AND TRANSPORT 6. Unlicensed importation and exportation prohibited.
Importation and exportation of arms and ammunition for private use. 7. Sanction of Central Government required to warehousing of arms, etc. 8. [Repealed.] 9. [Repealed.] 10. Power to prohibit transport.
Transhipment of arms. 11. Power to establish searching stations. 12. Arrest of persons conveying arms, etc., under suspicious circumstances. Procedure where arrest made by person not Magistrate or Police-officer.
IV.-GOING ARMED AND POSSESSING ARMS, ETC. 13. Prohibition of going armed without license. 14. Unlicensed possession of fire-arms, etc. 15. Possession of arms of any description without license prohibited in cer
tain places. 16. In certain cases arms to be deposited at police-stations or with licensed dealers.
17. Power to make rules as to licenses. 18. Cancelling and suspension of license.
19. For breach of sections 5, 6, 10, 13 to 17.
For concealing arms, etc.
For delivering arms, etc., to person not authorized to possess them. 23. Penalty for breach of rule. 24. Power to confiscate.
25. Search and seizure by Magistrate. 26. Seizure and detention by appropriate Government. 27. Power to exempt. 28. Information to be given regarding offences. 29. Sanction required to certain proceedings under section 19, clause (f). 30. Searches in the case of offences against section 19, clause (f), how con
31. Operation of other laws not barred. 32. Power to take census of fire-arms.
33. Notice and limitation of proceedings. The first schedule.-[Repealed.] The second schedule.-[Repealed.]
ACT No. XI OF 1878 1
[15th March, 1878] An Act to consolidate and amend the law relating to Arms, Ammunition and
Military Stores. Preamble.
Whereas it is expedient to consolidate and amend the law relating to arms, ammunition and military stores; It is hereby enacted as follows:
I.-PRELIMINARY Short Local ertent.
1. This Act may be called the Arms Act, 1878; and it extends to 3 [the whole of Pakistan]. Savings--L of 1950.
But nothing herein contained shall apply to
(a) Arms, ammunition or military stores on board any seagoing vessel and formning part of her ordinary armament or equipment, or
(b) The manufacture, conversion, sale, import, export, transport, bearing or possession of arms, ammunition or military stores by order of the Central
1 For the Statement of Objects and Reasons, see Gazette of India, 1877, Pt. V, p. 650 : for discussions in Council, see ibid., 1877, Supplement, pp. 3016 and 3030 ; ibid., 1878, Supplement, pp. 435 and 453.
The functions of the Central Government under certain provisions of this Act, subject to certain conditions, were entrusted to
(a) Provincial Governments with their consent, for a period of three years (with effect from the 1st April, 1951), see Gaz. of P., 1951, Pt. I, p. 181 ; and
(b) The Chief Commissioner of Karachi, for the period 28th April, 1952 to 31st March, 1957, see Gaz. of P., 1954, Pt. I, p. 136.
The Act has been applied to(i) Baluchistan by Regulation III of 1940 with certain restrictions and modifications.
(ii) Phulera in the Excluded Area of Upper Tanawal to the extent the Act is appli. cable in the N.-W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
(iii) Excluded Area of Upper Tanawal other than Phulera, by the N.-W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951; see N.-W.F.P. Gazette, Ext., dated 1st June, 1951 ; and
(iv) The Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan ; see Gazette of India, 1937, Pt. I, p. 1499.
It has been extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953), as amended.
The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958 by the Gwadur (Application of Central Laws) Ordi. nance, 1960 (37 of 1960), s. 2.
It is in force throughout the province of Assam except the Lushai Hills, see Notification No. 2443-T., dated the 1st June, 1914, Assam Gazette, 1914, Pt. II, p. 843.
A license granted under the Explosives Act, 1884 (4 of 1884), for the manufacture, possession, sale, transport or importation of an explosive may be given the effect of a like license granted under the Arms Act, 1878 (11 of 1878), see Act 4 of 1884, s. 15.
As to the possession, manufacture and export of arms, ammunition and gun-powder in the Chittagong Hill Tracts, see the Chittagong Hill Tracts Regulation, 1900 (1 of 1900), ss. 11 and 12,
As to further law relating to unlawful manufacture and posession of explosive sub. stances, see the Explosive Substances Act, 1908 (6 of 1908), ss. 4 (b) and 5.
This Act has been repealed in its application to the Province of West Pakistan except certain provisions by West Pakistan Ordinance 20 of 1965, s. 29 (with effect from the 8th June, 1965).
The Act has been amended in Bengal by the Bengal Criminal Law (Arms and Explosives) Act, 1932 (Ben. 21 of 1932), and the Bengal Criminal Law (Amendment) Act, 1934 (Ben. 7 of 1934); and in the N.-W.F.P. by the Indian Arms (N.-W.F.P. Amdt.) Act, 1934 (N.-W.F.P. 1 of 1934) and Sind Act 10 of 1953 s. 12. * The word "Indian" omitted by A.O., 1949, Sch.
3 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "all the Provinces and the Capital of the Federation" which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “the whole of British India".
• Subs. by A.O., 1949, Sch., for "any Govt. in British India", which had been subs. by A.0., 1937, for "the Govt.".
Government or any Provincial Government), or by a public servant or '[a member of the forces constituted by the Pakistan Territorial Force Act, 1950] in the course of his duty as such public servant or ^ [member). Commencement.
2. This Act shall come into force on such day" as the(Central Government] by notification in the [Official Gazette] appoints.
3. [Repeal of enactments.] Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch. Interpretation clause.
4. In this Act, unless there be something repugnant in the subject or context,
“cannon" includes also all howitzers, mortars, wall-pieces, mitrailleuses and other ordnance and machine-guns, all parts of the same, and all carriages, platforms and appliances for mounting, transporting and serving the same:
* ['appropriate Government” means, in relation to matters enumerated in the Third Schedule to the Constitution,
the Central Government and, in relation to other matters, the Provincial Government:)
*arms” includes fire-arms, bayonets, swords, daggers, spears, spearheads and bows and arrows, also cannon and parts of arms, and machinery for manufacturing arms:
“ammunition” includes also all articles specially designed for torpedo service and submarine mining, rockets, gun-cotton, dynamite, lithofracteur and other explosive or fulminating material, gun-flint, gun-wards, percussion-caps, fuses and fraction-tubes, all parts of ammunition and all machinery for manufacturing ammunition, but does not include lead, sulphur or saltpetre: "military stores", in any section of this Act as applied to any part of
[Pakistan), means any military stores to which the * [Central Government] may from time to time, by notification in the [Official Gazette), specially extend such section in such part, and includes also all lead, sulphur, saltpetre and other material to which the ® (Central Government] may from time to time su extend such section :
"license" means a license granted under this Act, and "licensed" means holding such license.
II.-MANUFACTURE, CONVERSION AND SALE 5. No person shall manufacture, convert or sell, or keep, offer or expose for sale, any arms, ammunition or military stores, except under a license and in the manner and to the extent permitted thereby. · Nothing herein contained shall prevent any person from selling any arms or ammunition which he lawfully possesses for his own private use to any person who is not by an enactment for the time being in force prohibited from possessing the same; but every person so selling arms or ammunition to any person other than a person entitled to possess the same by reason of an exemtion under section 27 of this Act shall, without unnecessary delay, give to the Magistrate of the district, or to the officer in charge of the nearest police station, notice of the sale and of the purchaser's name and address.
1 Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), 8. 4 and III Sch., for “a member of either of the forces constituted by the Indian Territorial Force Act, 1920 or the Auxiliary Force Act, 1920", which had been subs. for "a Volunteer enrolled under the Indian Volunteers Act, 1869" by the Auxiliary Force Act, 1920 (49 of 1920), s. 35.
? Subs. ibid., for “Volunteer".
Subs. by A.O., 1937, for "G. G. in C.”
7 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) 8. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation" which had been subs. by A. Ó., 1949, Arts. 3(2) and 4, for "British India." 8 Subs, by A. O., 1937, for "G. G. in C." Subs. ibid., for "Gazette of India".
III.--IMPORT, EXPORT AND TRANSPORT
6. No person shall bring or take by sea or by land into or out of' [Pakistan) any arms, ammunition or military stores except under a license and in the manner and to the extent permitted by such license.
Nothing in the first clause of this section extends to arms (other than cannon) or ammunition imported or exported in reasonable quantities for his own private use by any person lawfully entitled to possess such arms or ammunition ; but the Collector of Customs or any officer empowered by the ? (Central Government) in this behalf by name or in virtue of his office may at any time detain such arms or ammunition until he receives the orders of the "[Central Government] thereon.
Explanation.-Arms, ammunition and military stores taken from one part of of [Pakistan] to another by sea or across intervening territory not being part of
[Pakistan) are taken out of and brought into ? [Pakistan] within the meaning of this section.
7. Notwithstanding anything contained in the Sea Customs Act, 1878, no arms, ammunition or military stores shall be deposited in any warehouse licensed under section 16 of that Act without the sanction of the * (Central Government].
8. [Levy of duties on arms, etc., imported by sea.] Rep. by the Amending Act, 1891 (XII of 1891).
9. [Power to impose duty on import by land.) Rep. by the Amending Act, 1891 (XII of 1891).
10. The » [appropriate Government] may, from time to time, by notification in the * [official Gazette), —
(a) regulate or prohibit the transport of any description of arms, ammunition or military stores over 5 (the whole of Pakistan] or any part thereor, either altogether or except under a license and to the extent in the manner permitted by such license, and
(b) cancel any such notification. Explanation.-Arms, ammunition or military stores transhipped at a port in *[Pakistan) are transported within the meaning of this section.
(III.-IMPORT, EXPORT AND TRANSPORT. IV.--GOING ARJED AND POSSESSING ARMS,
11. The ` [Central Government] * * * * may, at any places along the boundaryline between ? [Pakistan] and foreign territory 7* * *, and at such distance within such line as it deems expedient, establish, searching-posts at which all vessels, carts and baggage-animals, and all boxes, bales and packages in transit, may be stopped and searched for arms, ammunition and military stores by any officer empowered by [the Central Government] in this behalf by name or in virtue of his office.
12. When any person is found carrying or conveying any arms, ammunition or military stores, whether covered by a license or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are being carried by him with intent to use them, or that the same may be used, for any unlawful purpose, any person may without warrant apprehend him and take such arms, ammunition or military stores from him.
Any person so apprehended, and any arms, ammunition or military stores so taken by a person not being a Magistrate or Police-officer, shall be delivered over as soon as possible to a Police-officer.
All persons apprehended by, or delivered to, a Police-officer, and all arms and ammunition seized by or delivered to any such officer under this section, shall be taken without unnecessary delay before a Magistrate.
1 See footnote 7 on preceding page. ? Subs. by A, O., 1937, for "L. G.". : Subs. by A. O., 1964, Art.
2 and Sch., for "Central Government” which had been subs. by A. O., 1937, for "G. G. in C.".
* Subs. by A. O., 1937, for “Gazette of India". 5 See footnote 2 on page 396, supra. 6 The words with the previous sanction of the Governor General to Council" rep., ibid.
7 The words "or between a Province and an Acceeding State", which were ins. by A. O., 1949, Sch., have been omitted by A. O., 1964, Art. 2, and Sch.
Subs. by A. O., 1937, for "such Govt."