The Whipping west Pakistan Amendment Ordinance 1969


THE WHIPPING (WEST PAKISTAN AMENDMENT)
ORDINANCE, 1969.
(W.P. Ord. VI of 1969)

CONTENTS


Sections.

  1. Short title and commencement.
  2. Amendment of section 3, Act IV of 1909.
  3. Omission of section 4, Act IV of 1909.
  4. Substitution of section 4, Act IV of 1909.
  5. Amendment of section 4-A, Act IV of 1909.

 

THE WHIPPING (WEST PAKISTAN AMENDMENT)
ORDINANCE, 1969.
WEST PAKISTAN ORDINANCE No. VI 1969.
(16th June, 1969)
AN
ORDINANCE
further to amend the Whipping Act, 1909, in its application to the Province of West Pakistan.


            WHEREAS it is expedient further to amend the Whipping Act, 1909, in its application to the Province of West Pakistan, in the manner hereinafter appearing;

Preamble.

NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provisional Constitution Order, the Administrator of Martial Law Zone 'A', in exercise of the powers of the Governor of West Pakistan conferred on him by the chief Martial Law Administrator, is pleased to make and Promulgate the following Ordinance:-


1.         (1) This Ordinance may be called the Whipping (West Pakistan Amendment) Ordinance, 1969.

Short title extent and commencement.

(2) It shall come into force at once.


2.         In the Whipping Act, 1909 (IV of 1909), as applicable to the Province of West Pakistan (hereinafter referred to as the said Act), in section 3, for the words "may be punished, the words, figures and commas "may, subject to the provisions of sections 4 and 4-A be punished" shall be substituted.

Amendment of section 3 act IV of 1909

3.         Section 3-A of the said Act shall be omitted.

Omission of section 2-A,Act IV of 1909

4.         For section 4 of the said Act, the following section shall be substituted, namely :-

Substitution of section 4, Act IV of 1909

" . Whoever—
(a)     abets, commits or attempts to commit, an offence of assault on, or use of criminal force to, any woman, punishable under section 354 of the Pakistan Penal Code;

 

  1. voluntarily causes hurt as defined in section 319 of the Pakistan Penal Code, grievous hurt as defined in section 320 of the said Code, by throwing, attempting to throw or abetting the throwing of, any substance on the face of any person;
  2. voluntarily causes grievous hurt punishable under section 325 or section 326 of the Pakistan Penal Code, by cutting, attempting to cut or abetting the cutting, of the nose of or otherwise disfiguring a male;
  3. abets, commits or attempts to commit rape as defined in section 375 of the Pakistan Penal Code:
  4. compels or induces any person, by fear of bodily injury, to submit to an unnatural offence as defined in section 377 of the Pakistan Penal Code:

(f)      voluntarily causes hurt in committing or attempting to commit robbery, as defined in section 390 of the Pakistan Penal Code;
(g)     commits dacoity as defined in section 391 of the Pakistan Penal Code;
(h)     abets, commits or attempts to commit, an offence of insult to the modesty of a woman punishable under section 509 of the Pakistan Penal Code:
may, subject to the provisions of section 4-A, be punished with whipping in. lieu of or in addition to any other punishment to which he may for such offence, abetment or attempt be liable under the said Code,


Amendment of section 4, A. Act IV of 1909

5.         In section 4-A of the said Act, in sub-section (1), the comma appearing at the end of clause (b) shall be replaced by a semi-colon and thereafter the following new clause shall be added, namely:-

"(c)    abets, commits or attempts to commit, in respect of, or involving, cattle, an offence of —
(i)      taking gift for recovering of stolen property punishable under section 215 of the Pakistan Penal Code:
(ii)     theft punishable under sections 379, 380, or 382 of the said Code;

(iii)    dishonestly receiving 01 retaining stolen property punishable under section 411 of the said Code; or
(iv)    lurking house-trespass or house breaking punishable under sections 453, 457, 458, 459, or 460 of the said Code".

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