m

[1-A] Section25-D and Section 29 of Telegraphic Act, 1885.

25D. Penalty for causing annoyance, etc. - Any person, including a telegraph officer, who uses any telephone, public or
private, for causing annoyance or intimidation to any person, whether a subscriber or not, or for obnoxious calls shall,
without prejudice to any other action which the telegraph authority is competent to take under this Act, be punishable
with imprisonment for a term which may extend to three years, or with fine, or with both.

29. Sending fabricated or obscene messages.- If any person transmits or causes to be transmitted by telegraph a
message which he knows or has reason to believe to be false and fabricated, or a message which is indecent or obscene,
he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
29A. Penalty.- If any person, without due authority, - (a) makes or issues any document of a nature reasonably
calculated to cause it to be believed that the document has been issued by, or under the authority of, the Director
General Pakistan Telegraph and Telephone Department, or (b) makes on any document any mark in imitation of, or
similar to, or purporting to be, any stamp or mark of any Telegraph Office under the Director General Pakistan Telegraph
and Telephone Department, or a mark of a nature reasonably calculated to cause it to be believed that the document so
marked has been issued by, or under the authority of, the Director-General Pakistan Telegraph and Telephone
Department he shall be punished with fine which may extend to fifty rupees

[2] Offences punishable under the Explosive Substance Act, 1908 (VI of 1908).
b

3. Punishment for causing explosion likely to endanger life or property.--- whether any injury to person or property has
been actually caused or not, be punished with transportation for life or any shorter term, to which fine may be added, or
with imprisonment for a term which may extend to ten years, to which fine may be added.

4. Punishment for attempt to cause explosion or for making or keeping explosive with intent to endanger life or property
- be punished with transportation for a term which may extend to twenty years, to which fine may be added, or with
imprisonment for a term which may extend to seven years, to which fine may be added.

5. Punishment for making or possessing explosives under suspicious circumstances.---, be punishable with transportation
for a term which may extend to fourteen years, to which fine may be added, or with imprisonment for a term which may
extend to five years, to which fine may be added.

6. Punishment of abettors.--- Act shall be punished with the punishment provided for the offence.

[3] Offences punishable under the Official Secret Act. 1923 (XIX of 1923).
b

3.Penaltiesforspying.(1)Ifanypersonforanypurposeprejudicialtothesafety or interests of the State-(a)approaches,

inspects, passes over or is in the vicinity of, or enters, any prohibited place;
or(b)makesanysketch,plan,model,ornotewhichiscalculatedtobeormightbeorisintendedtobe,directlyorindirectly,useful to
any enemy;
or(c)obtains,collects,recordsorpublishesorcommunicatestoanyotherpersonanysecretofficialcodeorpassword,oranysketch
,plan,model,articleornoteorotherdocumentorinformationwhichiscalculatedtobeormightbeorisintended to be, directly or
indirectly, useful to an enemy;------------------------------------5 Subs. by the official Secrets (Amdt) Act, 1966 (8 or 1966), s. 2
for semicolon.6 Provisions. ibid.7ThewordsorbyanyL.G.omittedbyA.O.,1937.heshallbe 1{guilty of an offence under this
section.}--------------------------
(2)Onaprosecutionforanoffencepunishableunderthissectionwithimprisonmentforatermwhichmayextendtofourteenyears
,itshall not be necessary to show that the accuse person was guilty of
anyparticularacttendingtoState,andnotwithstandingthatnosuchactisprovedagainsthim,hemaybeconvicted,iffromthe
circumstancesofthecaseorhisconductorhisknowncharacterasproved,itappearsthathispurposewasapurposeprejudicialtoth
esafetyorinterestoftheState;andifanysketch,plan,model,article,note,document,orrelatingtoanythinginsuchaplace,oranys
ecretofficialscodeorpasswordismade,obtained,collected,recorded,publishedorcommunicatedbyanypersonotherthanaper
sonactingunderlawfulauthority,andfromthecircumstancesofthecaseorhisconductorhispurchaseprejudicialtothesafetyorin
terestsoftheState,suchshallbepresumedtohavebeenmade,obtained,collected,recorded,publishedorcommunicatedforapu
rpose prejudicial to the safety or interest of the
State.2{(3)}Apersonguiltyofanoffenceunderthissectionshallbepunishable,-
(a)wheretheoffencecommittedisintendedorcalculatedtobe,directlyorindirectly,intheinterestorforthebenefitofaforeignpo
wer,orisinrelationtoanyworkofdefence,arsenal,naval,militaryorairforceestablishmentorstation,mine-
field,factory,dockyard,camp,shiporaircraftorotherwiseinrelationtothenaval,militaryorairforceaffairesofPakistanorinrelati
ontoanysecret official code, 3 {with}-----------------------------------
1Subs.bytheOfficialSecrets(Amdt.)Act,1966,98or1966),s.3,forcertain words which were previously amended by A.O.,
1961, Art, 2.2 Sub-section 93), added by Act 8 of 1966 s. 3.3 Ins. by Act No. VIII of 1968, s. 2

1{3A.Restrictionagainstphotographs,sketches,etc.ofprohibited and notified area –

4.Communicationswithforeignagentstobeevidenceofcommissionof certain offences –

5.Wrongfulcommunication,etc.,ofinformation

6.-Unauthorized use of uniforms; falsification of reports, forgery, personation, and false documents-

7. Interfering with officers of the police or members of the armed forces of Pakistan – If any person acts in contravention
of the provisions of this section, he shall be punishable with imprisonment which may extend to two years, or with fine,
or with both.

8.Duty of giving information as to commission of offences

9.Attempts, incitements, etc.--10.Anyperson who attempts to commit or abets the commission of an offence under this
Act shall be punishable with the same punishment, and be liable to be proceeded against in the same manner as if he
had committed such offence.

11. Penalty for harboring spies:

A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to
one year, or with fine, or with both.

[4] Offences punishable under the Foreigners Act, 1946 (XXXI of 1946).
b

[14. Penalties.— lf any person contravenes the provisions of this Act or of any order made there under, or any direction
given in pursuance' of this Act or such order, he shall be punished with imprisonment for a term which may extend to
five years and shall also be liable to fine, and if such person has entered into a bond in pursuance of clause (f) of sub-
section (2) of section 3, his 6 Inserted by Ord. XXV of 2000, dated 10-07-2000. 7 Sub. By Ord. XXV of 2000, dated 10-07-
2000. bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or, show cause to the
satisfaction of the convicting court why such penalty should not be paid.

[14A. Restriction release on bail. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of
1898), hereinafter referred to as the Code, any accused of an offence punishable under sub-section (2) of Section 14
shall not be released on bail there appear reasonable grounds for believing that ha has been guilty of such an offence.

14B. Deportation pending trial or undergoing sentence of imprisonment. Notwithstanding anything contained in this
Act, the Code or any other law for the time being in force, a foreigner having no permission to stab in Pakistan or for
whose deportation arrangements have been required in connection with any other case. (i) with the consent of the
Federal Government, be permitted by the Court trying him for any offence under this Act to depart from Pakistan; or (ii)
under the order of the Federal Government , be permitted to depart from Pakistan while hw is undergoing any sentence
passed under this Act.

14C. Custody pending deportation. A foreigner having no permission to stay in Pakistan, who has been convicted
sentenced to imprisonment under this Act shall not be released on the expiry of the sentence and shall continue to
remain in custody for a period not exceeding three months to enable arrangements for his deportation to be finalized.
[14D. Registration of illegal immigrants. (1) The Federal Government may, by order, establish an Authority to be known
as the Aliens Registration Authority, hereinafter referred to as the Authority. (2) Any foreigner in Pakistan who
immediately before the commencement of the Foreigners (Amendment) Ordinance, 2000, has no permission to stay in
Pakistan shall get himself registered with the Authority. (3) The Authority may permit a foreigner registered with it to
work in Pakistan at such place and for such period as the Federal Government may, from time to time prescribe. (4) The
Federal Government may, by order, con

[5] Offences punishable under the Prevention of Corruption Act. 1947 (II of 1947).
b

(2) Any public servant who commits or attempts to commit criminal misconduct shall be punishable with imprisonment
for a term which may extend to seven years or with fine or with both.
b
[6] Offences punishable under the Foreign Exchange Regulation Act. 1947.

8. Restrictions on import and export of certain currency and bullion. (1) The Central government, by notification in the
official Gazette, order that, subject the such exemptions, if any, as may be contained in the notification, no person shall,
except with the general or special permission of the State Bank and on payment of the fee, if any, prescribed bring or
send into Pakistan any gold or silver or any currency notes or bank notes or coin whether Pakistan or foreign.

23. Penalty and procedure. (1) Whoever contravenes, attempts to contravene or abets the contravention of any of the
provisions of this Act or of any rule, direction or order made thereunder, shall notwithstanding anything contained in the
Code of Criminal procedure, 1898, be tried by a Tribunal constituted by section 23A, and shall be punishable with
imprisonment for a term which may extend to two years or with fine or with both, and any such Tribunal trying any such
contravention may, if it thinks fit, and in addition to any sentence which it may impose for such contravention, direct
that any currency, security, gold or silver, or goods or other property in respect of which the contravention has taken
place shall be confiscated. (2) Notwithstanding anything contained in the Code of criminal Procedure, 1898, any offence
punishable under this section shall be cognizable for such period as the central Government may from time to time, by
notification in the official Gazette, declare. (3) A Tribunal shall not take cognizance of any offence punishable under this
section and not declared by the Central Government under the preceding sub-section to be cognizable for the time
being, or of an offence punishable under section 54 of the Income –tax Act, 1922, as applied by section 19, except upon
complaint in writing made by a person authorized by the Central Government or the State Bank in this

[7] Offences punishable under the Import and Export (Control) Act. 1950(XXXIX of 1950).
b

5. PENALTY (1) If any person contravenes any provision of this Act or any Order made or deemed to have been made
under this Act or the Rules made thereunder, or makes use of an import or export license otherwise than in accordance
with any condition in that behalf imposed under this Act, he shall without prejudice to any confiscation or penalty to
which he may be liable under the provisions of the Customs Act, 1969 (IV of 1969), as applied by sub-section (3) of
Section 3 of this Act be punishable with imprisonment for a term which may extend to one year, or with fine up to Rs.
One million or with both. (2) If any person contravenes any provision of any order made or deemed to have been made
under this Act or the rules made thereunder, or makes use of an export license otherwise than in accordance with any
condition subject to which it was granted the Federal Government or any officer authorized by it, may suspend, adjust
deduct or cancel the whole or, as the case may be any part of export quotas whether granted to or acquired by such
person on the basis of performance, purchase or by any person on the basis of performance, purchase or by any other
means whatsoever and suspend or as the case may be cancel the export registration of such persons (3) No Order under
sub-section (2) shall be passed unless the concerned person has been given an opportunity of being head
b
[8] Offences punishable under Banking Companies Ordinance, 1962 (LVII of 1962).
[9] Offences punishable under the Pakistan Arms Ordinance, 1965 (W.P. Ord XX of 1965).
b

13. Penalty for breach of sections 4, 5, 8 to 11.— Whoever commits any of the following offences, namely:- (a) sells, or
keeps, offers or exposes for sale, any arms, ammunition or military stores, or undertakes the repairs of any arms in
contravention of the provisions of section 4; (b) fails to give notice of the sale of arms and ammunition and of the
purchaser’s name and address as required by section 4; (c) transports any arms, ammunition or military stores in
contravention of a regulation or prohibition issued under section 5; (d) goes armed in contravention of the provisions of
section 8; (e) has in his possession or under his control any arms, ammunition or military stores in contravention of the
provisions of section 9; (f) fails to deposit arms, ammunition or military stores as required by section 10; (g) intentionally
makes any false entry in a record or account which by a rule made under clause (d) of section 11 he is required to keep;
[15][*] (h) intentionally fails to exhibit anything which by a rule made under clause (f) of section 11 he is required to
exhibit; [16][or] [17][(i) keeps, carries or displays any arms in contravention of an order issued under section 11-B;] shall
be punished with imprisonment for a term which may extend to [18][seven years], or with fine, or with both: [19]
[Provided that the punishment for an offence committed in respect of any— (a) cannon, grenade, bomb or rocket; or (b)
light or heavy automatic weapon, rifle of .303 bore or over, musket .410 bore or over or pistol or revolver of .441 bore or
over, or ammunition which can be fired from such weapon, rifle, musket, pistol or revolver, shall be punished with
imprisonment for a term which is not less than three years.]

14. Certain breaches of sections 4, 5, 9 and 21.— Whoever— (a) [20][* * * * * * * * * * * *] (b) on any search being
made under section 21, conceals or attempts to conceal any arms, ammunition or military stores, shall be punished with
imprisonment for a term which may extend to seven years, or with fine, or with both: [21][Provided that the punishment
for an offence committed in respect of any— (a) cannon, grenade, bomb or rocket; or (b) light or heavy automatic
weapon, rifle of .303 bore or over, musket of .410 bore or over or pistol or revolver of .441 bore or over or ammunition
which can be fired from such weapon, rifle, musket, pistol or revolver, shall be punished with imprisonment for a term
which is not less than two years.] [22][14-A. Certain offences triable by magistrates.— (1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence, punishable under section 13 or section 14
shall, unless it has been committed in respect of any of the arms, ammunition or military stores referred to in the
proviso to the said section 13, be triable by a magistrate of the first class. (2) All cases relating to offences triable by a
magistrate of the first class under sub-section (1) and pending in a Court of Sessions immediately before the
commencement[23] of the Pakistan Arms (Amendment) Ordinance, 1976 (XXI of 1976), in which the charge had not
been framed shall, on such commencement, stand transferred to the Court of the magistrate of the first class having
jurisdiction over such cases.]

15. Breach of licence.— Whoever, in violation of a condition subject to which a licence has been granted, does or omits
to do any act shall, when the doing or omitting to do such act is not punishable under section 13 or section 14, be
punished with fine which may extend to five hundred rupees.

16. Knowingly purchasing arms, etc., from unlicensed persons.— Whoever— (a) knowingly purchases any arms,
ammunition or military stores from any person not licensed or authorised under sub-section (2) of section 4 to sell the
same; or (b) delivers any arms, ammunition or military stores into the possession of any person without previously
ascertaining that such person is legally authorised to possess the same, shall be punished with imprisonment for a term
which may extend to three years or with fine, or with both: [24][Provided that the punishment for an offence committed
in respect of any— (a) cannon, grenade, bomb or rocket; or (b) light or heavy automatic weapon, rifle of .303 bore or
over, musket of .410 bore or over or pistol or revolver of .441 bore or over, or ammunition which can be fired from such
weapon, rifle, musket, pistol or revolver, shall be punished with imprisonment for a term which is not less than one
year.]

17. Penalty for breach of rules.— Any person violating any provision of any rule made under this Ordinance for the
violation of which no penalty is provided by this Ordinance, shall be punished with fine which may extend to two
hundred rupees.

18. Penalty for failure to give information under section 23.— Any person who in the absence of reasonable excuse, the
burden of proving which shall lie upon such person, fails to give information to the nearest police officer or magistrate in
respect of any offence under subsection (1) or sub-section (2) of section 23 of which he becomes aware or which he has
reason to suspect, shall be punished with imprisonment for a term which may extend to six months, or with fine which
may extend to Rs. 500 or with both.

19. Penalty for refusing or neglecting to produce arms.— Any person refusing or neglecting to produce any arms when
so required under section 26 shall be punished with imprisonment for a term which may extend to one month or with
fine which may extend to two hundred rupees, or with both.

20. Power to confiscate.— When any person is convicted of any offence punishable under this Ordinance, committed by
him in respect of any arms, ammunition or military stores, it shall be in the discretion of the committing Court or
magistrate further to direct that the whole or any portion of such arms, ammunition or military stores, and any vessel,
vehicle or any other type of transport used to convey the same, and any type of package or container in which the same
may have been concealed, together with the other contents of such package or container shall be confiscated: Provided
that where such conviction is in respect of an offence punishable under this Ordinance with imprisonment for not less
than twelve months, the Court or the magistrate convicting such person shall direct that the whole or any portion of
such arms, ammunition or military stores shall be confiscated.
b
[10] Offences punishable under section the 156 of the Customs Act, 1969(IV of 1969).
(Page 103-144 of act)

[11] Offences
b
punishable under the Foreign Exchange Repatriation Regulation, 1972.

[12] Offences punishable under the Foreign Assets (Declaration) Regulation 1972.
b

[13] Offences
b
punishable under the National Registration Act 1973(LVI of 1973). (Omitted)

[14] Offences punishable under the High Treason (Punishment) Act, 1973 (LXVIII of 1973).
b

2. Punishment for high treason, etc.: A person who is found guilty-- (a) of having committed an act of abrogation or
subversion of a constitution in force in Pakistan at any time since the twenty-third day of March, 1956; or (b) of high
treason as defined in Article 6 of the Constitution, shall be punishable with death or imprisonment for life.

3. Procedure : No Court shall take cognizance of an offence punishable under this act except upon a complaint in writing
made by a person authorised by the Federal Government in this behalf.
b
[15] Offences punishable under the Prevention of Anti-National Activities Act,1974 (VII of 1974.
10. Penalty for being member of an anti-national association. Whoever is and continues to be a member of an
associ*ation declared anti-national by a notification issued under section 3 or takes part in meetings of any such
association, or contri*butes to, or receives or solicits any contribution for the purpose of, any such association or in any
way assists the operations of any such association, shall be punishable with imprisonment for a term which may extend
to two years, and shall also be liable to fine.
11. Penalty for dealing with funds of an anti-national association. If any person on whom an order has been served
under sub-section (1) of section 7 in respect of any moneys, securities or credits pays, delivers, transfers or otherwise
deals in any man*ner whatsoever with such money, securities or credits in con*travention of the order, he shall be
punishable with imprison*ment for a term which may extend to three years, and shall also be liable to fine, and,
notwithstanding anything contained in the Code of Criminal Procedure, 1898, the court trying such contravention may
also impose on such person an additional fine to recover from him the amount of the moneys or credits, or the market
value of the securities, in respect of which the order has been contravened or such part thereof as the court may deem
fit.

12.— Penalty for contravention of an order made in respect of a notified place. (1) Whoever knowingly and willfully is in,
or effects or attempts to effect entry into, a notified place in contravention of an order made under sub-section (4) of
section 8 in respect thereof shall be punishable with imprisonment for a term which may extend to one year, and shall
also be liable to fine. (2) Whoever uses any article in contravention of an order in respect thereof made under sub-
section (3) of section 8 shall be punishable with imprisonment for a term which may extend to one year, and shall also
be liable to fine.

13.— Punishment for anti-national activities. (1) Whoever- (a) takes part in or commits, or (V) advocates or abets, or
attempts to advocate or abet, the commission of, any anti-national activity, shall be punishable with imprison*ment for
a term which may extend to seven years, and shall also be liable to fine. (2) Whoever, in any way, assists any anti-
national activity of any association declared anti-national under section 3, shall be punishable with imprisonment for a
term which may extend to five years, and shall also be liable to fine.
b
[16] Offences punishable under the Banks (Nationalization) Act, 1974 (XIX of1974).

22. Penalty.- (1) Whoever contravenes any of the provisions of this Act or the rules made thereunder shall be punishable
with imprisonment for a term which may extend to five years, or with fine, or with both. (2) No person shall be
prosecuted under this Act except with the sanction of the Federal Government or an officer authorised by it in this
behalf.
b
[17] Offences punishable under the Passport Act, 1974 (XX of 1974).
6. Penalties for certain offences relating to passport.-
(1) A person shall be punishable with imprisonment which may extend to three years, or with fine, or with both, if he:-
(a) make or makes use of any statement which he knows or believes to be false in any document for obtaining passport;
or (b) attests or verifies statement which he knows or has reason to believe to be false in any document used for
obtaining apassport; or (c) wilfully conceals any fact which under the circumstances he ought to disclose for the purpose
of obtaining a passport for himself or another person; or (d) forges, alters or tampers with any passport or any
document which he uses for obtaining a passport; or (e) uses a passport which has been forged, altered or tampered
with; or (f) uses for obtaining a passport a document which has been forged, altered or tampered with; or (g) is in
wrongful possession of a passport not lawful issued to him or allows his passport to be used by another person; or (h)
traffics in passports or and documents required for obtaining a passport; (i) wilfully false or neglects to return a passport
issued to him, if he is required to do so or if an order cancelling impounding or confiscating it is made [or] [(j) obtains
more than one passport for himself either in the same or different names by concealing he fact of his already being in
possession of a passport.] Provided that a person guilty of an offence punishable under clause (h) shall be punished with
rigorous imprisonment for a term which shall not be less than six months and with fine which shall not be less than one
thousand rupees. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an
offence punishable under clause (b) of sub-section (1) shall be a bailable offence.

(2) Subject to sub-section (3), before making an order under sub-section (1) in respect of the passport issued to any
person, the Federal Government shall give such person notice in writing calling upon him to show cause why the order
should not be made : 'Provided that no such notice need be given in the case of an order impounding a passport if it is
necessary in the opinion of the Secretary or such other officer to take immediate action, but an opportunity to show
cause against the making of the order shall be afforded to the person to whom the order relates, within two weeks from
the making of the order.']
(3) If the Federal Government has reason to believe that the person in respect of whose passport it is proposed to make
an order under subsection (1) is; or has been engaged in subversive or in activities which are prejudicial to the interest of
Pakistan or Pakistan's relations with any foreign power, it shall not be necessary to give such person the notice provided
for in sub-section (2) or to afford him an opportunity of being heard.

(4) Any person in respect of whose passport an order under subsection (i) has been made in the circumstances referred
to in subsection (3), may within thirty days of the date of the order, apply in the Federal Government for a review of the
order; and the decision of the Federal Government in review shall be final.

5) Any expenditure incurred by the Federal Government on the repatriation to Pakistan of a citizen of Pakistan who gets
stranded or becomes a destitute while he is in a foreign country, or for any other reason, shall be recoverable, as an
arrear of Land Revenue
b
[18] Offences punishable under the Drugs Act, 1976 (XXXI of 1976).
27. Penalties: (1) Whoever himself or by any other person on his behalf: (a) exports, imports, manufactures for sale or
sells any spurious drug or any drug which is not registered; (b) manufactures for sale any drug without a licence; or (c)
imports without licence any drug for the import of which a licence is required; shall be punishable with imprisonment for
a term which shall not be less than five years or more than ten years and with fine which may extend to five lakh rupees:
Provided that the Drug Court may, for any special reasons to be recorded, award a sentence of imprisonment for a term
of less than three years. (2) Whoever himself or by any other person on his behalf— (a)imports, manufactures for sale or
sells any imitation product; or (b) gives to the purchaser a false warranty in respect of any drug sold by him that the drug
does not in any way contravene the provisions of Section 23 and is not able to prove that, when he gave the warranty,
he had good and sufficient reason to believe the same to be true; or (c) applies or permits to be applied to any drug sold,
or stocked or exhibited for sale, by him, whether on the container or a label or in any other manner, a warranty given in
respect of any other drug, or (d) imports, manufactures for sales or sells any drug under a name other than the
registered name; or (e) exports, imports, manufactures for sale or sells any drug with which any substance, which should
not actually be its component, has been mixed or packed so as to reduce its quality or strength or for which any such
substance has been substituted wholly or in part; shall be punishable with imprisonment for a term which may extend to
seven years, [and with fine which may extend to one lakh rupees or with both.] (3) Whoever obstructs an Inspector in
the exercise of any power conferred upon him by or under this Act, or disobeys the lawful authority of any Inspector,
shall be punishable Page 23 of 32 with imprisonment for a term which may extend to one year, or with fine which may
extend to ten thousand rupees, or with both. (4) Subject to the provisions of sub-section (1), sub-section (2) and sub-
section (3), whoever himself or by any other person on his behalf contravenes any of the provisions of this Act or any
rule shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to
fifty thousand rupees, or with both.

28. Penalty for subsequent offence: (1) Whoever having been convicted of an offence under sub-section (1) of section 27
is again [convicted for a subsequent offence] under that sub-section shall be punishable with imprisonment for life or
with imprisonment which shall not be less than five years and with fine which may extend to ten lakh rupees. (2)
Whoever having been convicted of an offence under sub-section (2) of section 27 is [convicted for a subsequent offence]
under that sub-section shall be punishable with imprisonment for a term which shall not be less than two years or more
than ten years, or with fine which may extend to two lakh rupees, or with both. (3) Whoever having been convicted of
an offence under sub-section (4) of section 27 is [convicted for a subsequent offence] under that sub-section shall be
punishable with imprisonment for a term which may extend to seven years, or with fine which may extend to one lakh
rupees, or with both.

29. Forfeiture: (1) Where any person has been convicted under this Act, for contravening any such provisions of this Act
or any rule as may be prescribed in this behalf, the Drug Court may order that the stock of drug or substance by means
of or in relation to which the offence was committed or anything of a similar nature belonging to or in the possession of
the accused or found with such drug or substance, and if such contravention is punishable under sub-section (1) of
section 27, any implements used in manufacture or sale of such drug and any receptacles, packages or coverings in
which such drug is contained and the animals, vehicles, vessels or other conveyances, used in carrying such drug, be
forfeited to the Federal Government or, as the case may be, the Provincial Government and, upon such order being
made, such .drug, substance, implements, receptacles, packages or coverings, animals, vehicles, vessels or conveyance
may be disposed of as that Government may direct. (2) Without prejudice to the provisions of sub-section (1), where the
Drug Court is satisfied on the application of an Inspector or otherwise, and after such inquiry as may be necessary that a
drug contravenes the provisions of this Act, the Drug Court may order that such drug be forfeited to the Federal
Government or, as the case may be, the Provincial Government and, upon such order being made, such drug may be
destroyed or Page 24 of 32 otherwise disposed of as that Government may direct. (3) An Inspector shall release any drug
or article seized by him under this Act when he is satisfied that all the provisions of this Act and the rules with respect
thereto have been complied with.

30. Cognizance of offences: (1) Subject to the provisions of Section 19, no prosecution shall be instituted under this
Chapter except-- (a) by a Federal Inspector, where the prosecution is in respect of a contravention of clause (h) of sub-
section (1) of section 23 or section 24 or any of the provisions of this Act or the rules relating to the import or export of
drugs or the manufacture for sale, or sale, of a drug which is not for the time being registered or for the manufacture for
sale of which a licence is not for the time being in force; or (b) by a Provincial Inspector: Provided that, where the public
interest so requires, the Federal Inspector may, with the prior permission of the Federal Government, institute a
prosecution for a contravention of any other provision of this Act. (2) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898), (a) an offence punishable under this Chapter other than an offence mentioned
in sub-section (1) of section 27, shall be non-cognizable, and (b) no Court other than a Drug Court shall try an offence
punishable under this Chapter. (3) Nothing contained in this Chapter shall be deemed to prevent any person from being
prosecuted under any other law for any act or omission which constitutes an offence punishable under this Chapter or
to require the transfer to a Drug Court of any case which may be pending in any Court immediately before the
establishment of the Drug Court.

34. Offences by companies, etc.: Where the person guilty of an offence under this Act, is a company, corporation, firm or
institution, every director, partner and employee of the company, corporation, firm or institution [with whose
knowledge or consent the offence was committed shall be guilty of the offence]

[19] Offences punishable under Emigration Ordinance, 1979 (XVIII of 1979).

b

17.Unlawful emigration, etc. (1) Whenever, except in conformity with the provisions of this Ordinance and the rules,
emigrates or departs or attempts to emigrate or depart shall be punishable with imprisonment for a term which may be
extended to five years, or with fine, or with both. (2) Whoever, except in conformity with the provisions of this
ordinance or of the rules (a) makes, or attempts to make any agreement with any person purporting to bind that person,
or any other person, to emigrate or depart; or (b) causes or assist or attempts to cause or assist, any person to emigrate
or depart or to attempt to emirate or depart or to leave any place for the purpose of emigrating or departing; or (c)
causes any person engaged, assisted or recruited by him, after grant of the license referred to in section 12, to depart
without appearing before the Protector of Emigrants as required by section 15 shall be punishable (i) for a first offence,
with imprisonment for a term which may extend to five years, or with fine, or with both; and (ii) for a second or
subsequent offence, with imprisonment for a term which may extend to seven years, or with fine, or with both. (3)
When, in the course of any proceeding in connection with emigration in which an Overseas Employment Promoter is
concerned, a breach of the provisions of this Ordinance or of the rules is committed, such person shall be liable to the
punishment provided by subsection (2) unless he proved that he was not responsible for and could not have prevented
the commission of the breach. (4) Whoever, in contravention of the provisions of section 9, recruits a citizen of Pakistan
or holds an interview or examination or issues an advertisement for such recruitment, and the editor, printer and
publisher of a newspaper in which such advertisement is published, shall be liable to punishment provided by subsection
(2).

18.Fraudulently Inducing to Emigrate: (a) Forges any document required for, or relating to, the emigration of any person,
or has in his possession or under his control any instrument or article which may be used for the purpose of such
forgery, or (b) By means of cause or induces, any person to emigrate, or enters into any agreement to emigrate or leaves
any place with a view to emigrating, shall be punishable with imprisonment for a term which may extend to fourteen
years, or with fine, or with both.
19.False representation of Government Authority: Falsely represents that any emigrant is required by the Government
or is to be engaged on behalf of the Government shall be punishable with imprisonment for a terms which may extend
to five years, or with fine or with both.

20.Violation, of terms of agreement with foreign employer by emigrant. Whoever violates the terms of the agreement
with his foreign employer by abandoning his employment or otherwise shall, after his repatriation to Pakistan be
punishable with fine which may extend to ten thousand rupees.

21.Certain amount recoverable as arrears of Land Revenue: The amount of any expenditure incurred by; the Federal
Government for the repatriation to Pakistan of a person who is convicted of an offence punishable under subsection (1)
of section 17 or section 20, and the amount payable by any person in pursuance of an agreement or bond or
undertaking executed in pursuance of this Ordinance or the rules, shall be recoverable from such person as an arrear of
land revenue.

22.Receiving money, etc. for providing foreign employment. Whoever, for providing or securing, or on the pretext of
providing or securing, to or for any person employment in any country; beyond the limits of Pakistan. (a) being an
overseas employment promoter, charges any fee in addition to the prescribed amount, or (b) not being such a
promoter, demands or receives, or attempts to receive, for himself or for any other valuable thing shall be punishable
with imprisonment for a term which may extend to fourteen years, or with fine or with both.

23.Penalty for other offences. Whoever contravenes, or fails to comply with any of the provisions of this Ordinance or
the rules shall, if another penalty is provided by this Ordinance for such contravention or failure, be punishable with
imprisonment for a term which may extend to one year and with fine.

24.Special Courts. (1) the Federal Government may, by notification in the official Gazette, set up as many Special Courts
as it considers necessary and, where it sets up more and one Special Court, shall specify in the notification the head-
quarters of each Special Court and the territorial limits within which it shall exercise jurisdiction under this Ordinance.
(2) A Special Court shall consist of a person who is or has been a Sessions Judge, or an Additional Sessions Judge. (3)
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) an offence punishable
under this Ordinance shall be tried exclusively by a Special Court. (4) The provisions of the Code of Criminal Procedure,
1898 (Act V of 1898), so far as they are not inconsistent with the provisions of this Ordinance, shall apply to the
proceedings of a Special Court and such Court shall be deemed to be Court of Session for the purposes of the necessary
modifications, shall apply to the trial of cases by a Special Court under this Ordinance, and a person conducting
prosecution before a Special Court shall be deemed to be a Public Prosecutor. (5) For the purpose of subsection (4), the
Code of Criminal Procedure, 1898 (Act V of 1898), shall have effect as if an offence punishable under this Ordinance
were one of the offences referred to in subsection (1) of section 337 of the Code. (6) [“(6) A Special Court shall take
cognizance of, and have jurisdiction to try, an offence punishable under this Ordinance only upon a complaint in writing
which is accompanied by the previous sanction of the Federal Government: Provided that, in a case in which the
complaint is not accompanied by such sanction, the Special Court shall, immediately on its receipt, refer the matter to
the Federal Government; and, if the required sanction is neither received nor refused within sixty days of the receipt of
the reference by the Federal Government, such sanction shall be deemed to have been duly accorded.”] [“24-A. Appeal.
A person sentenced by a Special Court may within forty-five days of the order, prefer an appeal in the High Court. (2)
Where a Special Court has passed an order of acquittal, (a) The Federal Government may direct any of its Law Officer to
present an appeal; and (b) In the case of a prosecution for any offence punishable under this Ordinance, the person in
respect of whom the offence is alleged to have been committed may, within a period of forty-five days, appeal to the
High Court against the order.”]

25.Indemnity. No suit, prosecution or other legal proceeding shall lie against any person for anything which is good faith
done is pursuance of this Ordinance or any rule.
b
[20] Offences punishable under the Exit from Pakistan (Control) Ordinance, 1981(XLVI of 1981).

2. Power to prohibit exit from Pakistan.— (1) The Federal Government may, by order, prohibit any person or class of
persons from proceeding from Pakistan to a destination outside Pakistan, notwithstanding the fact that such person is in
possession of valid travel documents. (2) Before making an order under sub-section (1), the Federal Government shall
not be necessary to afford an opportunity of showing cause to the person against the order. (3) If, while making an order
under sub-section (1) it appear to the Federal Government that it will not be in the public interest to specify the ground
on which the order is proposed to be made, it shall not be necessary for the Federal Government to specify such
grounds.

3. Review.— (1) Any person aggrieved by an order of the Federal Government under subsection (1) of section 2 may,
within fifteen days of the making of the order, make a representation to the Federal Government for a review of the
order, setting out in the representation the grounds on which he seeks the review. (2) The Federal Government may,
after giving the person making a representation an opportunity of being heard, make such order as it may deem fit. (3)
Subject to the order of the Federal Government in review, an order under subsection (1) of section 2 shall be final and
shall not be called in question before any courts or other authority.

4. Punishment.— Whoever contravenes, or attempts or conspires to contravene, or abets the contravention of, any
order made under sub-section (1) of section 2 shall be punishable with imprisonment for a term which may extend to
five years.
n
[21] Offences punishable under the Anti-Terrorism Act, 1997(XXVII of 1997) to the extent of dealing with cases
which:

7. Punishment for terrorist act. Whoever commits a terrorist act,-- (i) referred to in paragraph (a) of section 6, shall-- (a)if
such act has resulted in the death of any person be punished with death; and (b)in any other case, be punishable with
imprisonment for a term which shall not be less than seven years but may extend to life imprisonment, and shall also be
liable to fine; and (ii) referred to in paragraphs (b) and (c) of section 6 be liable to the punishment prescribed under the
relevant law.

[1] have Inter-provincial scope, or

[2] are entrusted to the Agency by the Federal Government

[22] Offences punishable under the Prevention & Control of Human Trafficking Ordinance 2002.
o

3. Punishment for human trafficking. ---The human trafficking shall be punishable as under: -

(i) Whoever knowingly plans or executes any such plan for human trafficking into or out of Pakistan for the purpose of
attaining any benefit, or for the purpose of exploitative entertainment, slavery or forced labour or adoption in or out of
Pakistan shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine:
Provided that in case of an accused who, in addition to committing an offence as aforesaid has also been guilty of
kidnapping or abducting or any attempt thereto in connection with such offence, the imprisonment may extend to ten
years with fine: Provided further that whoever plans to commit an offence under this clause but has not as yet executed
the same shall be punishable with a term of imprisonment, which may extend to five years and shall also be liable to
fine.

(ii) Whoever knowingly provides, obtains or employs the labour or services of a person by coercion, scheme, plan or
method intended to make such person believe that in the event of non-performance of such labour or service, he or any
other person may suffer from serious harm or physical restraint or legal proceedings, shall be punishable with
imprisonment which may extend to seven years and shall also be liable to fine: Provided that if the commission of the
offences under this clause involves kidnapping or abduction or any attempt thereto, the term of imprisonment may
extend to ten years with fine: Provided further that payment of any remuneration in lieu of services or labour of the
victim shall not be treated as mitigating circumstance while awarding the punishment.

(iii) Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or a woman through
coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him or her into or out of Pakistan
or with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects to
receive some benefit in lieu thereof shall be punishable with imprisonment which may extend to ten years and shall also
be liable to fine: Provided that if the commission of the offence sunder this clause involves kidnapping or abduction or
any attempt thereto of the victim, the term of imprisonment may extend to fourteen years with fine: Provided further
that plea, if any, taken by the biological parents of the child shall not prejudice the commission of offence under this
clause.

(iv) Whoever knowingly takes, confiscates, possesses, conceals, removes or destroys any document related to human
trafficking in furtherance of any offence committed under this Ordinance or to prevent or restrict or attempt to prevent
or restrict, without lawful authority, a person’s liberty to move or travel shall be punishable with imprisonment which
may extend to seven years and shall also be liable to fine.

4. Offences committed by organized criminal groups. ---Where an organized criminal group is guilty of any offence under
clauses (i),(ii),(iii) or (iv) of section 3, the term of imprisonment or each member of such group involved in the
commission of such offence shall not be less than ten years imprisonment and may extend to fourteen years where the
purpose of trafficking of a victim is exploitative entertainment and shall also be liable to fine.

5. Repetition of commission of offences. --Whoever repeats the commission of an offence under this Ordinance, the
term of imprisonment may extend to fourteen years and the off under shall also be liable to fine.

8. Offences to be cognizable etc.---All offences under the Ordinance shall be cognizable, non bailable, and non-
compoundable as construed by the Code.

10. Cognizance of offences etc.--- No court inferior to that of a Magistrate of the First Class shall try an offence
punishable under this Ordinance. (2) Notwithstanding anything contained in section 32 of the Code, it shall be lawful for
a Magistrate of the First Class to pass any sentence authorized by this Ordinance.

[23] Offences punishable under the Pakistan Telecommunication (Re-organization) Act, 1996 (XVII of 1996).
p

[24] Offences punishable under the National Database and Registration Authority Ordinance, 2002.
q

28. Information not to be divulged. Any person who— (a) being a person employed for the purposes of this Ordinance,
publishes or communicates to any person, otherwise than in the ordinary course of such employment, any information
acquired by him in the course of the employment; or (b) having possession of any information which to his knowledge
has been disclosed in contravention of this Ordinance, publishes or communicates that information to any other person,
shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to one
million rupees, or with both: Provided that nothing in this section shall apply to any publication or communication of
information made— (a) for the purpose of any criminal proceedings; or (b) to any gazetted officer authorised by the
Authority.

29. Security, secrecy, etc. of data not to be breached. —(1) No person shall use, or deal with, or do any other thing or act
of omission or commission in relation to— (a) the registration or database systems developed, established or
maintained, or so caused to be developed, established or maintained, under this Ordinance including any database, data
warehouse or networking infrastructure; or (b) the data or information contained, or housed, or transmitted therein, in
contravention of the regulations made under clause (d) of subsection (4) of section (5). (2) Whoever contravenes the
provisions of subsection (1) shall be punished with rigorous imprisonment for a term which may extend to fourteen
years, or with fine commensurate with the nature of offence and harm, if any, caused to a particular registration or,
database system as aforesaid by such contravention, but in any case not less than one million rupees, or with both.

30. Other offences and penalties.—(1) Any person who (a) does not, without reasonable cause, apply for registration
required under this Ordinance; (b) conceals, or refuses to furnish, any information he ought to disclose or furnish; Page
19 of 28 (c) fails, without reasonable cause, to report to any Registration Officer any loss of a card within thirty days of
such loss; (d) refuses or fails to produce or surrender a card as required respectively under section 17 or section 18 of
this Ordinance or the rules and regulations made thereunder; (e) does not, without reasonable cause, apply for a
National Identity Card within ninety days of his attaining the age of eighteen years; or (f) knowingly contravenes any
other provision of this Ordinance or the rules or regulations except regulations made under clause (d) of sub section (4)
of section 5, shall, in addition to any other penalty to which he may be liable under any other law, be punishable with
rigorous imprisonment for a term which may extend to six months, or with fine not exceeding fifty thousand rupees, or
with both. (2) Any person who— (a) makes any statement or furnishes any information which he knows or has reason to
believe to be false in any material particular or which he does not believe to be true; (b) obliterates or changes any
particulars written or printed on any card; (c) forges any card or makes or has in his possession any document so closely
resembling a card as to be calculated to deceive; (d) allows any other person to have possession of a card for the
custody of which he is responsible; (e) holds more than one card on the same eligibility criteria; or (f) who attests or
verifies any statement or information made or furnished for the purpose of this Ordinance which he knows or has
reason to believe to be false in any material particular or which he does not believe to be true, 1 [(g) is an employee of
Authority, and is involved in the issuance of a fake National Identity Card, or the officer incharge of that Brach]; and shall,
in addition to any other penalty to which he may be liable under any other law, be punishable with rigorous
imprisonment for a term which may extend to 2 [five years] exceeding one hundred thousand rupees, or with both: 1
Added and Subs. by Act XIX of 2011, s. 2. 2 Subs by ordinance XLVII of 2007, S. 3 (vaslid up to 15 122007) Page 20 of 28
Provided that nothing in this section shall apply to a person acting pursuant to a request made by the Authority under
section 22.

31. Cognizance of offences. No court shall take cognizance of any offence under this Ordinance except upon complaint
in writing made by the Authority or any 1* * officer authorised by it in this behalf.

32. Trial of offences. —(1) No court inferior to that of a Magistrate of the first class shall try an offence punishable under
this Ordinance. (2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, (Act V of
1898) it shall be lawful for any Magistrate of the first class to pass any sentence authorised by this Ordinance even if
such sentence exceeds his powers under the said section 32. (3) Any Magistrate of the first class empowered, for the
time being, to try in a summary way the offences specified in subsection (1) of section 260 of the Code of Criminal
Procedure, 1898 (Act V of 1898) may try in accordance with the provisions contained in sections 262 to 265 of the Code
any offences punishable under this Ordinance.
r
[25] Offences punishable under Section 36 & 37 of the Electronic Transmission Ordinance, 2002 (L1 of 2002).

34. Provision of false information, etc. by the subscriber.¾(1) Any subscriber who: (a) provides information to a
certification service provider knowing such information to be false or not believing it to be correct to the best of his
knowledge and belief; (b) fails to bring promptly to the knowledge of the certification service provider any change in
circumstances as a consequence whereof any information contained in a certificate accepted by the subscriber or
authroised by him for publication or reliance by any person, ceases to be accurate or becomes misleading, or (c)
knowingly causes or allows a certificate or his electronic signatures to be used in any fraudulent or unlawful manner,
shall be guilty of an offence under this Ordinance. (2) The offence under sub-section (1) shall be punishable with
imprisonment either description of a term not exceeding seven years, or with fine which may extend to ten million
rupees, or with both.

35. Issue of false certificate, etc.—(1) Every director, secretary and other responsible officer, by whatever designation
called, connected with the management of the affairs of a certification service provider, which: (a) issues, publishes or
acknowledges a certificate containing false or misleading information; (b) fails to revoke or suspend a certificate after
acquiring knowledge that any information contained therein has become false or misleading; (c) fails to revoke or
suspend a certificate in circumstances where it ought reasonably to have been known that any information contained in
the certificate is false or misleading; (d) issues a certificate as accredited certification service provider while its
accreditation is suspended or revoked; shall be guilty of any offence under this Ordinance. (2) The offence under sub-
section (l) shall be punishable with imprisonment either description of a term not exceeding seven years, or with fine
which may extend to ten million rupees, or with both. (3) The certification service provider or its employees specified in
sub-section (1), shall also be liable, upon conviction, to pay compensation for any foreseeable damage suffered by any
person or subscriber as a direct consequence of any of the events specified in clauses (a) to (d) of sub-section (1). (4) The
compensation mentioned in sub-section (3) shall be recoverable as arrears of land revenue.
 36. Violation of privacy of information.—Any person who gains or attempts to gain access to any information system
with or without intent to acquire the information contained therein or to gain knowledge of such information, whether
or not he is aware of the nature or contents of such information, when he is not authorised to gain access, as aforesaid,
shall be guilty of an offence under this Ordinance punishable with either description of a term not exceeding seven
years, or fine which may extend to one million rupees, or with both.

37. Damage to information system, etc.—(1) Any person who does or attempts to do any act with intent to alter, modify,
delete, remove, generate, transmit or store any information through or in any information system knowingly that he is
not authorised to do any of the foregoing, shall be guilty of an offence under this Ordinance. (2) Any person who does or
attempts to do any act with intent to impair the operation of, or prevent or hinder access to, any information contained
in any information system, knowingly that he is not authorised to do any of the foregoing, shall be guilty of an offence
under this Ordinance. (3) The offences under sub-section (1) and (2) of this section will be punishable with either
description of a term not exceeding seven years or fine which may extend to one million rupees, or with both.

38. Offences to be non-bailable, compoundable and cognizable.—All offences under this Ordinance shall be non-
bailable, compoundable and cognizable. 39. Prosecution and trial of offences.—No Court inferior to the Court of
Sessions shall try any offence under this Ordinance.
s
[26] Offences punishable under the Copyright Ordinance, 1962 (XXXIV of 1962).

66. Offenses of infringement of copyright or other rights conferred by this Ordinance, -- Any person who knowingly
infringes or abets the infringement of:- (a) the copyright in a work, or (ab) the rental rights in cinematographic works
and computer programmes (ac) the rights of performers or producers of sound recording: or (b) any other right
conferred by this Ordinance, shall be punishable with imprisonment which may extend to three years, or with fine which
may extend to one hundred thousand rupees" or with both Explanation. Construction of a building or other structure
which infringes or which, if completed, would infringe the copyright in some other work, shall not be an offence under
this section.

66A. Penalty for publishing collections or compendiums of work which have been adapted, translated or modified in any
manner without the authority of the owner of the copyright, -- Any person who knowingly publishes, or causes to be
published, a collection or compendium of works which have been adapted, translated or modified in any manner
without the authority of the owner of the copyright in the original works, or who fraudulently employs a title which
tends to mislead the public or create confusion with another work published earlier, shall be punishable with
imprisonment which may extend to three years, or with fine which may extend to one hundred thousand rupees or with
both.

66B. Penalty for unauthorised reproduction or distribution of counterfeit copies of sound recording and
cinematographic work, -- Any person who unauthorisedly makes or distributes counterfeit of sound recording and
cinematographic work for the purpose of business, profit or gain shall be publishable with imprisonment which may
extend to three years, or with fine which may extend to one hundred thousand rupees, or with both.

66C. Penalty for exploitation and appropriation of recording or audiovisual work intended for private use, -- Any person
who for the purpose of business, profit or gain, exploits or appropriates any sound recording or audiovisual work
intended for private use, shall be punishable with imprisonment which may extend to three years, or with fine which
may extend to one hundred thousand rupees, or with both.

66D. Penalty for making copies or reproduction in excess of those authorized by the copyright owner or his successor in
title, -- Any person who produces or causes to be produced, copies or reproductions in excess or the number authorized
by the copyright owner or his successor in title shall be punishable with imprisonment which may extend to three years
or with fine which may extend to one hundred thousand rupees or with both.

66E. Penalty of unauthorized rental of cinematographic works and computer programmes, -- any person who, without
authorization of the copyright owner or his licensee rents out the original or copies of the cinematographic works or
computer programmes, shall be punishable with imprisonment which may extend to three year or with fine which may
extend to one hundred thousand rupees or with both.

67. Possession of plates for purpose of making infringing copies, -- If any person knowingly makes or has in his
possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly
and for his private profit causes any such work to be performed in public without the consent of the owner of the
copyright, he shall be punishable with "imprisonment which may extend to two years, or with fine which may extend to
one hundred thousand rupees" or with both.

68. Penalty for making false entries in the Register, etc., or producing or tendering false evidence, -- Any person who:-
(a) makes or causes to be made a false entry in the Register of Copyright, or (b) makes or causes to be made a writing
falsely purporting to be a copy of any entry in the Register, or (b) produces or tenders or causes to be produced or
tendered as evidence any such entry or writing, knowing the same to be false; shall be punishable with "imprisonment
which may extend to two years, or with fine which may extend to one hundred thousand rupees" or with both.

69. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer, -- Any person
who:- (a) with a view to deceiving any authority or officer in the performance of any of his functions under any of the
provisions of this Ordinance, or (b) with a view to inducing or influencing the doing or omission of anything in relation to
this Ordinance or any matter thereunder. makes a false statement or representation knowing the same to be false, shall
be punishable, with "imprisonment which may extend to two years, or with fine which may extend to one hundred
thousand rupees" or with both.

70. False attribution or authorship, etc, -- Whosoever, (1) inserts or affixes the name of any person in or on a work of
which that person is not the author, or in or on a reproduction of such a work, in such a way as to imply that such person
is the author of the work ; or ; (2) publishes or sells or lets for hire, or by way or trade offers, exposes for the sale or hire,
or by way of trade exhibits in public a work in or on which the name of a person has been inserted or affixed in such a
way as to imply that such person is the author of the work, or the publisher of the work, who to his knowledge is not the
author or the publisher, as the case may be, of such work; or (3) does any of the acts mentioned in clause (2) in relation
to, or distributes, reproductions of a work, being reproduction in or on which any person's name has been inserted or
affixed in such a way as to imply that such person is the author of the work who to his knowledge is not the author of
such work, or performs in public, or broadcasts the work as being the work of a particular author, who to his knowledge
is not the author of such work ; shall be punishable with "imprisonment which may extend to two years, or with fine
which may extend to one hundred thousand rupees" or with both. 70A. Penalty for contravention of section 57A, -- Any
person who publishes a record or a video film in contravention of the provisions of section 57A. shall be punishable with
"imprisonment which may extend to three years, or with fine which may extend to one hundred thousand rupees" or
with both. 70B. Enhanced fine in the case of subsequent offences, -- Where any person convicted for an offence
punishable under section 66, 66A, 66B, 66C, 66D, or 70A, is again convicted for the same offence, the said section shall
have effect as if for the words "one hundred thousand" therein the words "two hundred thousand" were substituted."

71. Offenses by companies, -- (1) Where any offence under this Ordinance has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to the company for, the
conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall
be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall
render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in
sub-section (1), where an offence under this Ordinance has been committed by a company, and it is proved that offence
was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.
For the purposes of this section:- (a) "company" means any body corporate and includes a firm or other association of
persons; and (b) "director" in relation to a firm means a partner in the firm
72. Cognizance of offence, -- No court inferior to that of a Magistrate of the first class shall try any offence under this
Ordinance.

73. Power of the court to dispose of infringing copies plates or recordings equipment for purpose of making infringing
copies, -- The court before which any offence under this Ordinance is tried may, whether the alleged offender is
convicted or not, order that all copies of the work or all plates or recording equipment in the possession of the alleged
offender, which appear to it to be infringing copies, or plates or recording equipment used or intended to be used for
purpose of making infringing copies, be destroyed or delivered to the owner of the copyright or otherwise dealt with as
the court may think fit.

74. Power of police to seize infringing copies, plates and recording equipments, -- (1) Any police officer, not bellow the
rank of Sub-inspector, shall, if he is satisfied that an offence under Chapter XIV in respect of infringement of copyright in
any work has been, is being, or is likely to be, committed, seize without warrant all copies of the work and all plates and
recording equipments used for the purposes of making infringed copies of the work, wherever found, and all copies,
plates and recording equipments so seized shall, as soon as practicable, be produced before a Magistrate. Provided that
no such copy, plate or recording equipment as is owned by any public library for a library attached to an educational
institution or a non-profit library available for use by the public free of charge or in the possession of any person for his
bona fide use shall be seized. (2) Any person having an interest in any copies of a work, plates or recording equipment
seized under sub-section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such
copies plates or recording equipment being restored to him and the magistrate, after hearing the applicant and the
complainant and making such further inquiry as may be necessary, shall make such order on the application as he may
deem fit. (3). All offence under this Ordinance shall be cognizable and non-bailable

74A. Power of Magistrate to award compensation for offences under this Chapter, -- (1) The Magistrate may, when
passing a sentence of fine, direct that an amount not exceeding fifty per cent of the fine imposed by him but
commensurate with the loss suffered by the party shall be paid as compensation to the person whose right has been
infringed or to the heirs or legal representatives of such person. (2) Payment of any compensation to any person under
sub- section (1) shall be without prejudice to his right to any claim in a suit or other proceeding which may be instituted,
or may be pending in a Court, in relation to the same matter.
t
[27] Offences punishable under the Prevention of Electronic Crime Ordinance 2007.

3. Unauthorized access to information system or data.— Whoever with dishonest intention gains unauthorized access to
any information system or data shall be punished with imprisonment for a term which may extend to three months or
with fine which may extend to fifty thousand rupees or with both.

4. Unauthorized copying or transmission of data.— Whoever with dishonest intention and without authorization copies
or otherwise transmits or causes to be transmitted any data shall be punished with imprisonment for a term which may
extend to six months, or with fine which may extend to one hundred thousand rupees or with both.

5. Interference with information system or data.— Whoever with dishonest intention interferes with or damages or
causes to be interfered with or damages any part or whole of an information system or data shall be punished with
imprisonment which may extend to two years or with fine which may extend to five hundred thousand rupees or with
both.

6. Unauthorized access to critical infrastructure information system or data.— Whoever with dishonest intention gains
unauthorized access to any critical infrastructure information system or data shall be punished with imprisonment which
may extend to three years or with fine which may extend to one million rupees or with both.

7. Unauthorized copying or transmission of critical infrastructure data.— Whoever with dishonest intention and without
authorization copies or otherwise transmits or causes to be transmitted any critical infrastructure data shall be punished
with imprisonment for a term which may extend to five years, or with fine which may extend to five million rupees or
with both.
 8. Interference with critical infrastructure information system or data.— Whoever with dishonest intention interferes
with or damages, or causes to be interfered with or damaged, any part or whole of a critical information system, or data,
shall be punished with imprisonment which may extend to seven years or with fine which may extend to ten million
rupees or with both.

9. Glorification of an offence.— (1) Whoever prepares or disseminates information, through any information system or
device, with the intent to glorify an offence relating to terrorism, or any person convicted of a crime relating to
terrorism, or activities of proscribed organizations or individuals or groups shall be punished with imprisonment for a
term which may extend to seven years or with fine which may extend to ten million rupees or with both. Explanation.—
For the purposes of this section "glorification" includes depiction of any form of praise or celebration in a desirable
manner.

10. Cyber terrorism.— Whoever commits or threatens to commit any of the offences under sections 6, 7, 8 or 9, where
the commission or threat is with the intent to,— (a) coerce, intimidate, create a sense of fear, panic or insecurity in the
Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in
society; or (b) advance interfaith, sectarian or ethnic hatred; or Page 7 of 25 (c) advance the objectives of organizations
or individuals or groups proscribed under the law, shall be punished with imprisonment of either description for a term
which may extend to fourteen years or with fine which may extend to fifty million rupees or with both.

11. Hate speech.—Whoever prepares or disseminates information, through any information system or device, that
advances or is likely to advance interfaith, sectarian or racial hatred, shall be punished with imprisonment for a term
which may extend to seven years or with fine or with both.

12. Recruitment, funding and planning of terrorism.—Whoever prepares or disseminates information, through any
information system or device, that invites or motivates to fund, or recruits people for terrorism or plans for terrorism
shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.

13. Electronic forgery.— (1) Whoever interferes with or uses any information system, device or data, with the intent to
cause damage or injury to the public or to any person, or to make any illegal 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 by any input, alteration,
deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for
legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not, shall
be punished with imprisonment of either description for a term which may extend to three years, or with fine which
may extend to two hundred and fifty thousand rupees or with both. (2) Whoever commits offence under subsection (1)
in relation to a critical infrastructure information system or data shall be punished with imprisonment for a term which
may extend to seven years or with fine which may extend to five million rupees or with both.

14. Electronic fraud.—Whoever with the intent for wrongful gain interferes with or uses any information system, device
or data or induces any person to enter into a relationship or deceives any person, which act or omission is likely to cause
damage or harm to that person or any other person shall be punished with imprisonment for a term which may extend
to two years or with fine which may extend to ten million rupees or with both.

15. Making, obtaining, or supplying device for use in offence. — Whoever produces, makes, generates, adapts, exports,
supplies, offers to supply or imports for use any information system, data or device, with the intent to be used or
believing that it is primarily to be used to commit or to assist in the commission of an offence under this Act shall,
without prejudice to any other liability that he may incur in this behalf, be punished with imprisonment for a term which
may extend to six months or with fine which may extend to fifty thousand rupees or with both.

16. Unauthorized use of identity information.— (1) Whoever obtains, sells, possesses, transmits or uses another
person's identity information without authorization shall be punished with imprisonment for a term which may extend
to three years or with fine which may extend to five million rupees, or with both. (2) Any person whose identity
information is obtained, sold, possessed, used or transmitted may apply to the Authority for securing, destroying,
blocking access or preventing transmission of identity information referred to in subsection (1) and the Authority on
receipt of such application may take such measures as deemed appropriate for securing, destroying or preventing
transmission of such identity information. Page 8 of 25

17. Unauthorized issuance of SIM cards etc.—Whoever sells or otherwise provides subscriber identity module (SIM)
card, reusable identification module (RIUM) or universal integrated circuit card (UICC) or other module designed for
authenticating users to establish connection with the network and to be used in cellular mobile, wireless phone or other
digital devices such as tablets, without obtaining and verification of the subscriber's antecedents in the mode and
manner for the time being approved by the Authority shall be punished with imprisonment for a term which may extend
to three years or with fine which may extend to five hundred thousand rupees or with both.

18. Tampering, etc. of communication equipment.—Whoever unlawfully or without authorization changes, alters,
tampers with or reprograms unique device identifier of any communication equipment including a cellular or wireless
handset and starts using or marketing such device for transmitting and receiving information shall be punished with
imprisonment which may extend to three years or with fine which may extend to one million rupees or with both.
Explanation.—A "unique device identifier" is an electronic equipment identifier which is unique to a communication
device.

19. Unauthorized interception.— Whoever with dishonest intention commits unauthorized interception by technical
means of— (a) any transmission that is not intended to be and is not open to the public, from or within an information
system; or (b) electromagnetic emissions from an information system that are carrying data, shall be punished with
imprisonment of either description for a term which may extend to two years or with fine which may extend to five
hundred thousand rupees or with both.

20. Offences against dignity of a natural person.— (1) Whoever intentionally and publicly exhibits or displays or
transmits any information through any information system, which he knows to be false, and intimidates or harms the
reputation or privacy of a natural person, shall be punished with imprisonment for a term which may extend to three
years or with fine which may extend to one million rupees or with both: Provided that nothing under this subsection
shall apply to anything aired by a broadcast media or distribution service licensed under the Pakistan Electronic Media
Regulatory Authority Ordinance, 2002 (XIII of 2002). (2) Any aggrieved person or his guardian, where such person is a
minor, may apply to the Authority for removal, destruction of or blocking access to such information referred to in sub-
section (1) and the Authority on receipt of such application, shall forthwith pass such orders as deemed reasonable in
the circumstances including an order for removal, destruction, preventing transmission of or blocking access to such
information and the Authority may also direct any of its licensees to secure such information including traffic data.

21. Offences against modesty of a natural person and minor.—(1) Whoever intentionally and publicly exhibits or displays
or transmits any information which,— Page 9 of 25 (a) superimposes a photograph of the face of a natural person over
any sexually explicit image or video; or (b) includes a photograph or a video of a natural person in sexually explicit
conduct; or (c) intimidates a natural person with any sexual act, or any sexually explicit image or video of a natural
person; or (d) cultivates, entices or induces a natural person to engage in a sexually explicit act, through an information
system to harm a natural person or his reputation, or to take revenge, or to create hatred or to blackmail, shall be
punished with imprisonment for a term which may extend to five years or with fine which may extend to five million
rupees or with both. (2) Whoever commits an offence under subsection (1) with respect to a minor shall be punished
with imprisonment for a term which may extend to seven years and with fine which may extend to five million rupees:
Provided that in case of a person who has been previously convicted of an offence under subsection (1) with respect to a
minor shall be punished with imprisonment for a term of ten years and with fine. (3) Any aggrieved person or his
guardian, where such person is a minor, may apply to the Authority for removal, destruction of or blocking access to
such information referred to in subsection (1) and the Authority, on receipt of such application, shall forthwith pass such
orders as deemed reasonable in the circumstances including an order for removal, destruction, preventing transmission
of or blocking access to such information and the Authority may also direct any of its licensees to secure such
information including traffic data.
22. Child pornography.—(1) Whoever intentionally produces, offers or makes available, distributes or transmits through
an information system or procures for himself or for another person or without lawful justification possesses material in
an information system, that visually depicts— (a) a minor engaged in sexually explicit conduct; (b) a person appearing to
be a minor engaged in sexually explicit conduct; or (c) realistic images representing a minor engaged in sexually explicit
conduct; or (d) discloses the identity of the minor, shall be punished with imprisonment for a term which may extend to
seven years, or with fine which may extend to five million rupees or with both. (2) Any aggrieved person or his guardian,
where such person is a minor, may apply to the Authority for removal, destruction of or blocking access to such
information referred to in subsection (1) and the Authority, on receipt of such application, shall forthwith pass such
orders as deemed reasonable in the circumstances, including an order for removal, destruction, preventing transmission
of or blocking access to such information and the Authority may also direct any of its licensees to secure such
information including traffic data. Page 10 of 25

23. Malicious code.—Whoever willfully and without authorization writes, offers, makes available, distributes or
transmits malicious code through an information system or device, with intent to cause harm to any information system
or data resulting in the corruption, destruction, alteration, suppression, theft or loss of the information system or data
shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to one
million rupees or with both. Explanation.—For the purpose of this section, the expression "malicious code" includes, a
computer program or a hidden function in a program that damages an information system or data or compromises the
performance of such system or availability of data or uses it without proper authorization.

24. Cyber stalking.— (1) A person commits the offence of cyber stalking who, with the intent to coerce or intimidate or
harass any person, uses information system, information system network, the Internet, website, electronic mail or any
other similar means of communication to— (a) follow a person or contacts or attempts to contact such person to foster
personal interaction repeatedly despite a clear indication of disinterest by such person; (b) monitor the use by a person
of the internet, electronic mail, text message or any other form of electronic communication; (c) watch or spy upon a
person in a manner that results in fear of violence or serious alarm or distress, in the mind of such person; or (d) take a
photograph or make a video of any person and displays or distributes it without his consent in a manner that harms a
person. (2) Whoever commits the offence specified in subsection (1) shall be punished with imprisonment for a term
which may extend to three years or with fine which may extend to one million rupees or with both: Provided that if
victim of the cyber stalking under subsection (1) is a minor the punishment may extend to five years or with fine which
may extend to ten million rupees or with both. (3) Any aggrieved person or his guardian, where such person is a minor,
may apply to the Authority for removal, destruction of or blocking access to such information referred to in subsection
(1) and the Authority, on receipt of such application, shall forthwith pass such orders as deemed reasonable in the
circumstances including an order for removal, destruction, preventing transmission of or blocking access to such
information and the Authority may also direct any of its licensees to secure such information including traffic data.

25. Spamming.— (1) A person commits the offence of spamming, who with intent transmits harmful, fraudulent,
misleading, illegal or unsolicited information to any person without permission of the recipient or who causes any
information system to show any such information for wrongful gain. (2) A person including an institution or an
organization engaged in direct marketing shall provide the option to the recipient of direct marketing to unsubscribe
from such marketing. Page 11 of 25 (3) Whoever commits the offence of spamming as described in sub section (1) by
transmitting harmful, fraudulent, misleading or illegal information, shall be punished with imprisonment for a term
which may extend to three months or with fine of rupees fifty thousand which may extend upto rupees five million or
with both. (4) Whoever commits the offence of spamming as described in subsection (1) by transmitting unsolicited
information, or engages in direct marketing in violation of subsection (2), for the first time, shall be punished with fine
not exceeding fifty thousand rupees, and for every subsequent violation shall be punished with fine not less than fifty
thousand rupees that may extend up to one million rupees.

26. Spoofing.— (1) Whoever with dishonest intention establishes a website or sends any information with a counterfeit
source intended to be believed by the recipient or visitor of the website, to be an authentic source commits spoofing. (2)
Whoever commits spoofing shall be punished with imprisonment for a term which may extend to three years or with
fine which may extend to five hundred thousand rupees or with both.
27. Legal recognition of offences committed in relation to information system.— (1) Notwithstanding anything contained
in any other law for the time being in force, an offence under this Act or any other law shall not be denied legal
recognition and enforcement for the sole reason of such offence being committed in relation to or through the use of an
information system. (2) References to "property" in any law creating an offence in relation to or concerning property,
shall include information system and data.

28. Pakistan Penal Code, 1860 (Act XLV of 1860) to apply.—The provisions of the Pakistan Penal Code, 1860 (Act XLV of
1860), to the extent not inconsistent with anything provided in this Act, shall apply to the offences provided in this Act.
u
[28] Offences punishable under the Anti-Money Laundering Ordinance, 2007 (XLV of 2007).

32. Punishment for vexatious survey and search.—Any investigating officer exercising powers under this Act or any rules
made hereunder, who, without prior permission from the Court,— (a) surveys or searches, or causes to be surveyed or
searched, any building or place; or (b) detains or searches or arrests any person, shall for every such offence be liable on
conviction for imprisonment for a term which may extend to two years or fine which may extend to fifty thousand
rupees or both.

33. Liability for failure to file Suspicious Transaction Report and for providing false information.— (1) Whoever willfully
fails to comply with the suspicious transaction reporting requirement as provided in section 7 or give false information
shall be liable for imprisonment for a term which may extend to five9 years or with fine which may extend to five10
hundred thousand rupees or both.

34. Disclosure of information.—(1) The directors, officers, employees and agents of any reporting entity, financial
institution, non-financial business or profession or intermediary which report a suspicious transaction or CTR pursuant to
this law or any other authority, are prohibited from disclosing, directly or indirectly, any person involved in the
transaction that the transaction has been reported. (2) A violation of the sub-section (1) is a criminal offence and shall be
punishable by a maximum term of five11 years imprisonment or a fine which may extend to two million12 rupees or
both.
v
[29] Offences punishable under the Electricity Act, 1910 (IX of 1910).
4 39. (1) Whoever dishonestly abstracts, consumes or uses energy shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with
both; and the existence of any device, contrivance or artificial means for such abstraction, consumption or use shall be
prima facie evidence of such abstraction, consumption or use. (2) Whoever abets, or conspires in the commission of acts
mentioned in sub-section (1) shall be deemed to have committed an offence under sub-section (1). Explanation – A
person shall be deemed to have dishonestly abstracted, consumed or used energy – (a) if he is found to have tampered
or interfered with the set order of wiring connections of any meter, measuring apparatus including kilowatt meter,
kilowatt hour meter, kilovolt ampere hour meter, kilovolt ampere reactive hour meter, current transformers, potential
transformers, or their respective fuses, installed by the licensee for the supply and registration of energy; or (b) if he is
found to have prevented by drilling hole in the casing, covering or glass, or by jamming the mechanism by mechanical,
magnetic or by any other means, any meter, maximum demand indicator or other measuring apparatus from duly
registering the amount of energy supplied or the electrical quantity contained in the supply; or (c) if he is found, without
written consent of the licensee, to have connected his installations, appliances and apparatus for the consumption or
use of energy with the licensee’s works directly without passing through a meter maximum demand indicator or other
measuring apparatus.

39A. (1) Whoever installs or uses any device, contrivance or artificial means for dishonest abstraction, consumption or
use of energy of a licensee, whether he derives any benefit therefrom or not, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine which may extend to five thousand rupees,
or with both; and if it is proved that any device, contrivance or artificial means for such abstraction, consumption or use
exists or has existed on a premises, it shall be presumed, unless the contrary is proved, that such person has committed
an offence under this sub-section. (2) Whoever abets, or conspires in the commission of any act mentioned in subsection
(1) shall be deemed to have committed an offence under that sub-section. Explanation – In this section “artificial means”
includes – (a) making of direct electrical connection from the aerial line through artificial jumper; (b) making of direct
electrical connection from transformers, cable, meter’s main terminals and from consumer’s installations through
artificial wiring; (c) disconnecting the potential link from the meter terminals by means of a plier, screw driver, cutter or
any other instrument; 4 Subs. by the Electricity (Amdt.) Ordinance, 1979, (62 of 1979) s.8, for section 39. Environmental
Law in Pakistan I Federal 25 04 I Processes and Institutions (d) breaking the glass cover of a meter or drilling hole in the
casing or covering of a meter by any means (e) stopping or slowing the revolutions of a meter disc by artificial magnet;
and (f) stopping or slowing or reversing the revolutions of the meter disc by changing the phase sequence of meter
through artificial electric circuit.

40. Whoever maliciously causes energy to be wasted or diverted, or, with intent to cut off the supply of energy, cuts or
injures, or attempts to cut or injure, any electric supply-line or works, shall be punishable by imprisonment for a term
which may extend to two years or with fine which may extend to one thousand rupees, or with both.

41. Whoever, in contravention of the provisions of section 28, engages in the business of supplying energy shall be
punishable with fine which may extend to three thousand rupees, and, in the case of a continuing contravention, with a
daily fine which may extend to three hundred rupees.

42. Whoever – (1) being a licensee, save as permitted under section 27 or section 51 or by his license, supplies energy or
lays down or places any electric supply line or works outside the area of supply; or (2) being a licensee, in contravention
of the provisions of this Act or of the rules thereunder or in breach of the conditions of his license, and without
reasonable excuse, the burden of proving which shall lie on him, discontinues the supply of energy or fails to supply
energy; or (3) makes default in complying with any order issued to him under section 34, subsection (2); (4) shall be
punishable with fine which may extend to one thousand rupees, and in the case of a continuing offence or default, with
a daily fine which may extend to one hundred rupees.

43. Whoever in contravention of the provisions of section 30, transmits or uses energy without giving the notice
required thereby, shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing
offence, with a daily fine which may extend to fifty rupees.

44. Whoever – (a) connects any meter, maximum demand indicator or other measuring apparatus referred to in section
26, with any electric supply-line through which energy is supplied by a licensee, or disconnects the same from any such
electric supply-line without the licensee’s consent in writing; or (b) ays, or causes to be laid, or connects up any works
for the purpose of communicating with any other works belonging to a licensee, without such licensee’s consent in
writing; or (c) uses the energy supplied to him by a licensee under one method of charging in a manner for which a
higher method of charging is in force without the licensee’s consent in writing or adopts any appliance or uses energy
supplied to him by a licensee in a manner prejudicial to the safety or efficient working of the licensee’s electric supply-
line or works, or deals with it in a manner so as to interfere with the 26 Environmental Law in Pakistan I Federal 04 I
Processes and Institutions efficient supply of energy by the licensee to any other person; shall be punishable with fine
which may extend to five hundred rupees and in the case of a continuing offence, with a daily fine of fifty rupees; and if
it is proved that any artificial means exist or have existed for making such connection as referred to in clause (a), or such
communication as is referred to in clause (b), or for facilitating such improper use of energy as is referred to in clause (c),
and that the meter, maximum demand indicator or other measuring apparatus is under the custody or control of the
consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection,
communication or improper use, as the case may be, has been knowingly and willfully caused by such consumer.

45. Whoever maliciously extinguishes any public lamp shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to three hundred rupees, or with both.

46. Whoever negligently causes energy to be wasted or diverted, or negligently breaks, throws down or damages any
electric supply-line, post, pole or lamp or other apparatus connected with the supply of energy, shall be punishable with
fine which may extend to two hundred rupees.

47. Whoever in any case not already provided for by sections 39 to 46 (both Inclusive) makes default in complying with
any of the provisions or this Act, or with any order issued under it, or, in the case of a licensee, with any of the
conditions of his license, shall be punishable with fine which may extend to one hundred rupees, and, in the case of a
continuing default, with a daily fine which may extend to twenty rupees: Provided that, where a person had made
default in complying with any of the provisions of sections 13,14,15, 17 and 32, as the case may be, he shall not be so
punishable if the Court is of opinion that the case was one of emergency, and that the offender compiled with the said
provisions as far as was reasonable in the circumstances.

48. The penalties imposed by sections 39 to 47 (both inclusive) shall be in addition to, and not in derogation of any
liability in respect of the payment of compensation or, in the case of a licensee, the revocation of his license, or the
payment of penalty in lieu thereof, which the offender may have incurred.

49. The provisions of section 39, 40, 44, 45 and 46 shall, so far as they are applicable, be deemed to apply also when the
acts made punishable thereunder are committed in the case of energy supplied by, or of works belonging to 2 the 3
Federal Government or any Provincial Government.

50. No prosecution shall be instituted against any person for any offence against this Act or any rule, license or order
thereunder, except at the instance of the Government or an Electric Inspector, or of a person aggrieved by the same.
Supplementary

51. Notwithstanding anything in sections 12 to 16 (both inclusive) and sections 18 and 19, the Provincial Government
may, by order in writing, for the placing of appliances and apparatus for the transmission of energy, confer upon any
public officer or licensee, subject to such conditions and restrictions (if any) as the Provincial Government may think fit
to impose, and to the provisions of the Telegraph Act, 1885, any of the powers 2 Subs. by A.O., 1949 for “any
Government in British India” which was previously subs, by A.O., 1937, for “the Govt.” 3 Subs. by F.A.O., 1975. Art.2 and
Table, for “Central Government”. Environmental Law in Pakistan I Federal 27 04 I Processes and Institutions which the
telegraph – authority possesses under that Act, with respect to the placing of telegraph – lines and posts for the
purposes of a telegraph established or maintained by the Government or to be so established or maintained.

52. Where any matter is, by or under this Act, directed to be determined by arbitration, the matter shall, unless it is
otherwise expressly provided in the license or a licensee, be determined by such person or persons as the Provincial
Government may nominate in that behalf on the application of either party; but in all other respects the arbitration shall
be subject to the provisions of the Arbitration Act, 1940

53. (1) Every notice, order or document by or under this Act required or authorized to be addressed to any person may
be served by post or left, -- (a) where the Federal Government or the Provincial Government is the addressee, at the
office of such officer as the Federal Government or Provincial Government, as the case may be, may designate in this
behalf; (b) here a local authority is the addressee, at the office of the local authority; (c) where a Company is the
addressee, at the registered office of the Company or, in the event of the registered office of the Company not being in
Pakistan, at the head office of the Company in Pakistan; (d) where any person is the addressee, at the usual or last
known place of abode or business of the person. (2) Every notice, order or document by or under this Act, required or
authorized to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if
addressed by the description of the “owner” or “occupier” of the premises (naming the premises), and may be served by
delivering it, or a true copy thereof, to some person on the premises, or, if there is no person on the premises to whom
the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.

54. Any penalty imposed under section 4, sub-section (2), every sum declared to be recoverable by section 5, clause (f),
section 6, sub-section (2), section 14, sub-section (2), clause (h), section 16, sub-section (2), section 18, sub-section (2),
or subsection (4) or section 26, sub-section (4), and every fee leviable under this Act, may be recovered, on application
to a Magistrate having jurisdiction where the person liable to pay the same is for the time being resident, by the distress
and sale of any moveable property belonging to such person.

54A. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any
instrument or agreement, the charges for supply of energy or any other sum outstanding against a consumer under this
Act shall be recoverable as an arrear of land revenue. (2) A license, or any person duly authorized by him in this behalf,
requires any police assistance for carrying out the purposes of this Act, he may make an application to the District
Magistrate or Assistant Commissioner or the sub-division concerned and the District Magistrate or, as the case may be,
the Assistant Commissioner may direct the officer in charge of the police station concerned to render the assistance
required.

54B. Where a license, or any person duly authorized by him in this behalf, requires any police assistance, for carrying
out the purposes of this Act, he may make an application to the District Magistrate or Assistant Commissioner of the
sub- division 28 Environmental Law in Pakistan I Federal 04 I Processes and Institutions concerned and the District
Magistrate or , as the case may be , the Assistant Commissioner may direct the officer in charge of the police station to
render the assistance required .

54C . (1) Where a licensee gives a notice referred to in subsection ( 1 ) of section 24 or discontinuous supply of energy to
a premises under the provisions of this Act ,no court shall make an order prohibiting the licensee from discontinuing
supply of energy to the premises, and any such order made before the commencement of the Electricity (Amendment)
Ordinance, 1979, shall cease to have effect: Provided that nothing contained herein shall apply to a case in which the
plaintiff, applicant or appellant, within a period of thirty days of the aforesaid date of at the time of filing the suit,
application or appeal, as the case may be, deposits with the court the amount assessed against him by the licensee and
all further charges of the licensee as and when they become due; and in the event of his failing to do so, any order
prohibiting the licensee from discontinuing the supply of energy to the premises or requiring him to restore the supply
of energy to the premises or requiring him to restore the supply of energy to the premises, if already made, shall cease
to have effect. (2) Where an amount has been deposited under sub-section (1), the court shall direct it to be deposited
in a scheduled bank in the name of the licensee on an undertaking being furnished by the licensee to the effect that in
case the suit of appeal is decided against him, he shall repay the said amount to the plaintiff of appellant, as the case
may be, with such reasonable return as the court may determine.

55. The 1 Provincial Government may, by general or special order, authorize the discharge of any of its functions under
section 13 or section 18 2 or section 34, sub-section (2) or clause V, sub-clause (2), or clause XIII of the Schedule by an
Electric Inspector.

56. No suit, prosecution or other proceeding shall lie against any public officer, or any servant of a local authority, for
anything done, or in good faith purporting to be done, under this Act.

57. (1) In section 40, sub-section (1), clause (b), and section 41, sub-section (5), of the Land Acquisition Act, 1894, the
term “work” shall be deemed to include electrical energy supplied, or to be supplied, by means of the work to be
constructed. (2) The Provincial Government may, if it thinks fit, on the application of any person, not being a company,
desirous of obtaining any land for the purposes of his undertaking, direct, that he may acquire such land under the
provisions of the Land Acquisition Act, 1894, in the same manner and on the same conditions as it might be acquired if
the person were a company.

58. (1) The Indian Electricity Act, 1903, is hereby repealed: Provided that every application for a license made and every
license granted under the said Act shall be deemed to have been made and granted under this Act. (2) Nothing in this
Act shall be deemed to affect the terms of any license which was granted, or of any agreement which was made, by or
with the sanction of the
w
[30] Offences punishable under the Protection of Pakistan Act, 2014 (X of 2014). (Waging war or insurrection / acts
threatening security of Pakistan)

3. Use of armed forces and civil armed forces to prevent scheduled offences.__ (1) Any police officer not below BS 15 or
member of the armed forces or civil armed forces who is present or deployed in any area may, on reasonable
apprehension of commission of a scheduled offence after giving sufficient warning, use necessary force to prevent the
commission of a scheduled offence, and in so doing shall, in the case of an officer of the armed forces or civil armed
forces, exercise all the powers of a police officer under the Code.
16. Punishment. Notwithstanding anything contained in the Pakistan Penal Code or any other law for the time being in
force, a scheduled offence shall be punishable with imprisonment which may extend to twenty years, with fine and
confiscation of property unless the scheduled offence already provides a higher punishment and the Special Court
convicting the accused may also deprive him of the citizenship acquired by him by naturalization.

[31] Offences punishable under the Anti-Money Laundering Act, 2010 (VII of 2010).

3. Offence of money laundering.— A person shall be guilty of offence of money laundering, if the person:— 6 (a)
acquires, converts, possesses, uses or transfers property, knowing or having reason to believe that such property is
proceeds of crime; (b) conceals or disguises the true nature, origin, location, disposition, movement or ownership of
property, knowing or having reason to believe that such property is proceeds of crime; (c) holds or possesses on behalf
of any other person any property knowing or having reason to believe that such property is proceeds of crime; or (d)
participates in, associates, conspires to commit, attempts to commit, aids, abets, facilitates, or counsels the commission
of the acts specified in clauses (a), (b) and (c). Explanation-I.— The knowledge, intent or purpose required as an element
of an offence set forth in this section may be inferred from factual circumstances in accordance with the Qanun-e-
Shahadat Order, 1984 (P.O. 10 of 1984). Explanation II.- For the purposes of proving an offence under this section, the
conviction of an accused for the respective predicate offence shall not be required.

4. Punishment for money laundering2.— (1) Whoever commits the offence of money laundering shall be punished with
rigorous imprisonment for a term which shall not be less than one year but may extend upto ten years and shall also be
liable to fine which may extend upto twenty-five million rupees and shall also be liable to forfeiture of property involved
in money laundering or property of corresponding value. (2) The fine under sub-section (1) may extend upto one
hundred million rupees in case of a legal person. Any director, officer or employee of such legal person who is also found
guilty under this section shall also be punishable as provided under sub-section (1).
l
[32] Offences punishable under the Prevention of Electronic Crime Act, 2016.
Already done

y
[33] Offences punishable under the Transplantation of Human Organs and Tissues act, 2010.
9. Prohibition of removal or transplantation of human organs for any purpose other than
therapeutic purpose.– No donor and no person empowered to give authority for removal of any
human organ shall authorize the removal of any human organ for any purpose other than the
therapeutic purposes.

10. Punishment for removal of human organ without authority.– (1) Whoever renders his
services to or at any medical institution or hospital and who for the purposes of transplantation,
conducts, associates with or helps in any manner, in the removal of any human organ without
authority, shall be punished with imprisonment for a term which may extend to ten years and with
fine which may extend to one million rupees.
(2) Where any person convicted under sub-section (1) is a registered medical practitioner, his
name shall also be reported to the Pakistan Medical and Dental Council for appropriate action
including removal of his name from the register of the Council for a period of three years for the
first offence and permanently for subsequent offence.

11. Punishment for commercial dealings in human organ.– Whoever,–

(a) makes or receives any payment for the supply of, or for an offer to supply, any human
organ;
(b) seeks to find a person willing to supply for payment of any human organ;
(c) offers to supply any human organ for payment;
 (d) initiates or negotiates any arrangement involving the making of any payment for the supply of, or
for an offer to supp1y any human organ–
(i) takes part in the management or control of a body of persons, whether a society, firm,
or company, whose activities consist of or include the initiation or negotiation of any
arrangement referred to in clause (d); or
(ii) publishes or distributes or causes to be published or distributed any advertisement,–
(a) inviting persons to supply for payment of any human organ;
(b) offering to supply any human organ for payment; or
(c) indicating that the advertiser is willing to initiate or negotiate any arrangement
referred to in clause (d),
shall be punished with imprisonment for a term which may extend to ten years and with fine which
may extend to one million rupees.
12. Punishment for contravention of any other provision of this Act.– Whoever contravenes
any provision of this Act or any rule made, or any condition of the registration granted thereunder
for which no punishment is separately provided in this Act, shall be punished with imprisonment
for a term which may extend to three years or with fine which may extend to three hundred
thousand rupees or with both.
13. Offences by companies.– Where any offence, punishable under this Act has been committed by a
company, its Chief Executive or Director or any other person who, at the time the offence was
committed was incharge of, and was responsible to, the company for the conduct of business of the
company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that a company shall be liable to pay fine only:
Provided further that nothing contained in this section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
Explanation.– For the purposes of this section,–
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
14. Cognizance of offences.– (l) No Court inferior to that of the Magistrate of First Class empowered
under section 30 of the Code of Criminal Procedure, 1898 (Act V of 1898) shall try an offence
punishable under this Act.
(2) No court shall take cognizance of an offence under this Act except on a complaint in
writing made by,–
(a) the Monitoring Authority or its Secretary; or
(b) an aggrieved person who has given notice of not less than fifteen days, in such manner
as may be prescribed, to the Monitoring Authority, of the alleged offence and of his
intention to lodge a complaint.
(3) Notwithstanding anything in section 32 of the Code of Criminal Procedure, 1898 (Act V of
1898) it shall be lawful for a Magistrate referred to in sub-section (1) to pass any sentence
authorized by this Act even if such sentence exceeds his powers under the said section.
(4) Notwithstanding anything in the Code of Criminal Procedure, 1898 (Act V of 1898) the
offences punishable under this Act shall be non-bailable
[34] Act, 2018 Offences punishable under the Prevention of Smuggling of Migrant (XXVIII of 2018).
z

3. Punishment of smuggling of migrants.___Whoever intentionally engages in or attempts to engage in the smuggling of

migrants shall be punished with imprisonment which may extend to five years but which shall not be less than three
years and with fine up to one million rupees.

4. Offences in relation to documents.___ (l) Whoever intentionally, for the purpose of getting benefit, ___ (a) produces
or attempts to produce a document for the purpose of enabling the smuggling of migrants; or (b) procures, provides, or
possesses, or attempts to procure, ‘provide, or possess a document for the purpose of enabling the smuggling of
migrants,___ commits an offence. (2) Whoever commits or attempts to commit an offence under sub-section (1) shall be
punished with imprisonment which may extend to three years but which shall not be less than one year and with tine up
to one million rupees.

5. Offence of harbouring illegal residents for benefit.___Whoever intentionally, for the purpose of getting benefit,
harbours or attempts to harbour a person who is not a citizen or permanent resident of Pakistan and who has not
complied with the necessary requirements for legally remaining in Pakistan commits an offence and shall be punished
with imprisonment which may extend to three years but which shall not be less than one year and with fine up to one
million rupees. Page 4 of 5

6. Aggravated offences.___ The offences under sections 3, 4, and 5 shall be punished with imprisonment for a term
which may extend to fourteen years but which shall not he less than five years and with fine up to two million rupee in
any of the following circumstances,___ (a) where the offence involves serious injury, life-threatening illness, or death, or
other circumstances that endanger. or are likely to endanger, the life o · safety of the smuggled migrant or another
person; (b) where the offence involves cruel, inhuman or degrading treatment of another person; or (c) where the
offence was committed as part of the activity of an organized criminal group.

7. Offence of abetment and criminal conspiracy.___(1) Whoever abets any of the offences under section 3,4,5 or 6, shall
be punished in accordance with Chapter V of the Penal Code. (2) Any pers m who is party to a criminal conspiracy to
commit an offence under section 3,4.5 or 6 shall be punished in accordance with Chapter V-A of the Penal Code.

8. Non-criminalization of smuggled migrants. ___ Without prejudice to the applicability of other laws establishing
criminal offences, smuggled migrants shall not become liable to criminal prosecution under this Act for the fact of having
been the object of conduct set forth in section 3,4,5,6 or 7 and may be a witness in the case.

9. Offences to be cognizable offences etc. ___All offences under this Act shall be cognizable, non-bailable, and non-
compoundable as construed by the Code.

10. Cognizance of offences. __ Notwithstanding anything contained in the Code, a Magistrate of the First Class shall try
an offence punishable under this Act and may impose any punishment provided under the Act
z
[35] Act, 2018 Offences punishable under the Prevention of Trafficking in persons (XXXIV of 2018).
3. Trafficking in persons. — (1) Any person who recruits, harbours, transports, provides or obtains another person, or
attempts to do so, for compelled labour or commercial sex acts through the use of force, fraud or coercion, commits an
offence of trafficking in persons and shall be punished with imprisonment which may extend to seven years or with fine
which may extend to one million rupees or with both. (2) If the offence of trafficking in persons under sub-section (1) is
committed against a child or a woman, the person who commits the offence shall be punished with imprisonment which
may extend to ten years and which shall not be less than two years or with fine which may extend to one million rupees
or with both. Page 3 of 5 (3) In this section: (a) “coercion” means use or threat of use of force, or other forms of
nonviolent use of force including— (i) threat of harm to or physical restraint of any person; (ii) any scheme, plan or
pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical
restraint of any person; (iii) threat due to the vulnerable position of a person; or (iv) psychological pressure; and (b)
“compelled labour” includes involuntary servitude, slavery or practices similar to slavery, or debt bondage and forced
labour.
9. Cognizance. — An offence under this Act shall be cognizable and non-bail able under the Code.

I0. Cognizance of offences. — Notwithstanding anything contained in the Code, a Magistrate of the First Class shall try an
offence punishable under this Act and may impose any punishment provided under the Act.

[36] Offences punishable under Public Properties (Removal of Encroachment) Ordinance, 2021(Ord No. XVI of
z/1

2021).

7. Punishment.—(1) An unauthorized occupant, in addition to eviction from the public property, shall be punished with
imprisonment of either description for a term which may extend to six months and with fine of 0.10% per day of the
value of the said public property, as notified by the Federal Board of Revenue or the valuation of land notified by the
revenue department, from time to time, for the respective area, whichever is higher: Provided that for determination of
fine under this section, the period of un-authorized occupancy shall include the period of appeal or further proceedings,
if any, that may be filed against any order issued under this Ordinance. (2) An officer who willfully connives or assists in
the commission of the offence under sub-section (1) shall be punished as an abettor with the same punishment as is
provided in sub-section (1) of this section. (3) Where the officer-in-charge of police station willfully fails or avoids to
provide necessary police assistance under sub-section (3) of section 4, he shall be punished as an abettor of the offence
under sub-section (1).

8. Recovery of fine.—The fine imposed upon any person or persons in pursuance of section 7, with markup if any
accrued thereon, shall be recovered from the un-authorized occupant as arrears of land revenue. 590 THE GAZETTE OF
PAKISTAN, EXTRA., AUGUST 25, 2021 [PART I

9. Use of technology for determination of un-authorized occupancy.—The authorized officer may use or authorize the
use of technology including satellite imagery or mapping to determine the period of un-authorized occupancy of the
public property for the purposes of this Ordinance.

10. Cognizance of offence and mode of trial.—(1) No court shall take cognizance of an offence under this Ordinance,
except on a complaint made in writing made by an authorized officer. (2) The Government may, by notification in the
official Gazette, prescribe that an offence under this Ordinance shall be tried in summarily in accordance with the
procedure prescribed in Chapter-XXII of the Code of Criminal Procedure, 1898 (Act No. V of 1898).

AUTHORITY
Study in general for FIA.