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REGULATION, 2011

FRONTIER CRIMES (AMENDMENT) 

REGULATION, 2011

A Regulation further to amend Frontier Crimes Regulation, 1901

 [Gazette of

Pakistan, Extraordinary, Part-I, 27th August, 2011]

F. No. 1(1)P/L/2008, dated 25.8.2011.—WHEREAS it is expedient further to amend the Frontier Crimes Regulation, 1901 (III of 1901) for the purposes hereinafter appearing;

NOW, THEREFORE, in pursuance of the provisions contained in clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President of Pakistan is pleased to make the following Regulation:—

1.  Short title and commencement.—(1) This Regulation may be called the Frontier Crimes (Amendment) Regulation, 2011.

(2)  It shall come into force at once.

2. Substitution of long title and preamble Regulation III of 1901.—In the Frontier Crimes Regulation, 1901 (III of 1901), hereinafter referred to as the said Regulation,

(a)        for the long title, the following shall be substituted, namely:-

            "further to provide for maintenance of peace, law and order and good governance in the Federally Administered Tribal Areas";

(b)        for the preamble, the following shall be substituted, namely:—

            "WHEREAS it is expedient further to provide for maintenance of peace, law and order and good governance in the Federally Administered Tribal Areas;

            Now, THEREFORE, in pursuance of clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make the following Regulation:"; and

(c)        the words, colon and dash "it is hereby enacted as follows:–

            "shall be omitted.

3. General Amendment, Regulation III of 1901.—In the said Regulation, for the words "Deputy Commissioner" or "District Magistrate" wherever occurring the words "Political Agent" or "District Coordination Officer" or "Assistant Political Agent", as the case may be, shall be substituted.

4. Amendment of Section 1, Regulation III of 1901.—In the said Regulation, in Section 1,—

(a)        for sub-section (3) the following shall be substituted, namely:—

            "(3)      It shall extend to such Federally Administered Tribal Areas as may be notified by the Governor from time to time in pursuance of Article 145 of the Constitution of Islamic Republic of Pakistan. The Federally Administered Tribal Areas include the tribal areas as specified in the Third Schedule to this Regulation."; and

(b)        sub-Sections (4) and (5) shall be omitted.

5. Substitution of Sections 2, 3, 4 and 5, Regulation III of 1901.—In the said Regulation, for Sections 2,3,4 and 5 the following shall respectively be substituted, namely:—

"2.  Definitions.—In this Regulation, unless there is anything repugnant in the subject or context,—

(a)        "Appellate Authority" means an Authority established under Section 48 of this Regulation;

(b)        "Council of Elders" means in the Federally Administered Tribal Areas, a council of three or more respectable elders appointed by the Political Agent or District Coordination Officer, as the case may be, and presided over by Assistant Political Agent vested with powers under Section 30 of the Code of Criminal Procedure 1898 (Act V of 1898);

(c)        "FATA Tribunal" means a Tribunal established under Section 55A;

(d)       "Governor" means the Governor of Khyber Pakhtunkhwa as Agent to the President of Pakistan for Federally Administered Tribal Areas in terms of Article 145 of the Constitution of the Islamic Republic of Pakistan;

(e)        "Qaumi Jirga" means Jirga consisting of respectable elders and representatives of the tribes; and

(f)        "Rewaj" means usages, traditions and customs of the tribes in vogue in Federally Administered Tribal Areas.

3. Relation of Regulation to other laws.—(1) The provisions of this Regulation shall take effect in case to which they apply, notwithstanding anything contained in any other law for the time being in force.

(2) The powers conferred by this Regulation may be exercised in addition to any powers conferred by or under any other law for the time being in force, and, where the contrary is not expressed or implied, other laws in force in Tribal Areas in which all or any of the provisions of this Regulation are for the time being in force shall, so far as may be, apply to cases dealt within that place under this Regulation.

(3)  The laws specified in the Second Schedule shall apply to the Federally Administered Tribal Areas.

4. Assistant Political Agent.—(1) In any Agency or Frontier Region in the whole or any part thereof where all or any of the provisions of this Regulation are for the time being in force, the Governor may confer powers under Section 30 of the Code of Criminal Procedure, 1898 (Act V of 1898) on any Assistant Political Agent.

(2)  Every Assistant Political Agent shall have all the ordinary powers of a Magistrate of the First Class as specified in Schedule III and additional powers as specified in Part I of Schedule IV to the Code of Criminal Procedure, 1898 (Act V of 1898), and may pass any sentence of imprisonment or fine or both as provided in this Regulation.

(3) When exercising any of the powers of a Political Agent or District Coordination Officer under this Regulation, an Assistant Political Agent shall be deemed, for the purposes of this Regulation, to be the Political Agent or District Coordination Officer, as the case may be, and shall exercise all or any of the powers specified in the First schedule.

(4)  Every Assistant Political Agent shall exercise his powers in subordination to the Political Agent or District Coordination Officer, as the case may be, and in such cases or class of cases, and within such local limits as the Political Agent or District Coordination Officer may, by order in writing, direct.

5. Power of Political Agent or District Coordination Officer to transfer the case.—The Political Agent or the District Coordination Officer may, on the application of any of the parties, after notice to the other party and hearing them, transfer any civil or criminal matter to any Assistant Political Agent, within thirty days from the appointment of the Council of Elders and shall record reasons thereof for such transfer of the case."

6. Omission of Section 6, Regulation III of 1901.—In the said Regulation, Section 6 shall be omitted.

7. Substitution of Sections 7, 8, 9, 10 and 11, Regulation III of 1901.—In the said Regulation, for Sections 7,8,9,10, and 11, the following shall be substituted, namely:—

"7.       Tender of pardon to accomplices.—Section 337 of the Code of Criminal Procedure, 1898 (Act V of 1898), for the purpose of this Regulation, shall be construed to read as under,—

"(1)      In the case of any offence, at any stage of the investigation or inquiry into, or trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, the Political Agent or the District Coordination Officer, as the case may be, may tender pardon to such person on condition of his making full and true disclosure of the whole of the circumstances within his knowledge related to the offence and to every other person concerned, whether, as principal or abettor, in the commission thereof:

                        Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl without permission of the victim or, as the case may be, of the heirs of the victim.

(2)        The Political Agent or District Coordination Officer, as the case may be, who tenders a pardon under sub-section (1) shall record his reasons for doing so.

(3)        Every person accepting a tender of pardon under this section shall be examined as a witness in the subsequent trial, if any.

(4)        Such person, unless he is already on bail, shall be detained in custody until the termination of the trial.

8. Civil reference to the Council of Elders.—(1) Where the Political Agent or the District Coordination Officer, as the case may be, is satisfied from any information that a civil dispute exists between the parties which is likely to cause breach of peace, he may, for the settlement thereof make an order in writing stating the grounds for his being so satisfied, refer the dispute within fifteen days to the Council of Elders, for findings in accordance with Rewaj who shall give its findings within ninety days on the issues in dispute after making necessary inquiry and hearing the parties and their witnesses.

(2)        Where a reference to the Council of Elders is 

made under sub-section (1), the Political Agent or the 

District Coordination Officer, as the case may be, shall nominate the Council of Elders. The names of the members so nominated be communicated to the parties, and any objection taken thereto by any of the parties, shall be recorded. The Political Agent or the District Coordination Officer, as the case may be, shall dispose of the objections after hearing the parties and recording the reasons thereof, appoint the members of the Council accordingly.

(3) The order of reference made under sub-section (1) shall state the issues in dispute on which the findings of Council of Elders is required.

(4) On receipt of the findings of Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, by recording his reasons may,—

(a)        pass a decree in accordance with the findings of the majority of the Council of Elders; or

(b)        remand the case to the Council of Elders for further inquiry and findings.

9. Effect of decree on finding of Council.—A decree passed under clause (a) of sub-section (4) of Section 8 shall,—

(a)        be a final settlement of the case so far as the decree relates to the matter stated in the reference; and

(b)        have, to that extent and subject to the provisions of this Regulation with respect to the finding of appeal or revision as the case may be, the same effect as a decree of a Civil Court of ultimate jurisdiction, and be enforced by the Political Agent or the District Coordination Officer, as the case may be, as a decree of such Court.

10. Restriction on jurisdiction of Civil Courts.—No Civil Court shall have Jurisdiction to call in question the legality of anything done or purported to be done in respect of any matter, the cause of action whereof has arisen in the Tribal Area.

11.  Criminal references to Council of Elders.—(1) Whenever an offence, of which the Political Agent or District Coordination Officer is competent to take cognizance under this Regulation, is committed, the case shall be registered and the accused shall be produced before the Assistant Political Agent concerned within twenty four hours of the arrest of the accused excluding the time necessary for the journey from the place of arrest to the Assistant Political Agent having jurisdiction. The Political Agent or District Coordination Officer as the case may be, shall make an order in writing referring the question for finding of guilt or innocence of any person or persons accused of any offence or offences, to the Council of Elders for its findings who after holding necessary inquiry and hearing the parties and witnesses, submit its findings to the Political Agent or District Coordination Officer as the case may be. The Political Agent or District Coordination Officer, as the case may be, shall appoint the members of the Council of Elders within ten days from the date of arrest of the accused and shall require the Council of Elders to submit its findings on the question referred to within ninety days.

(2) Where a reference to the Council of Elders is made under sub-section (1) and the members of the Council have been nominated by the Political Agent or District Coordination Officer, as the case may be, the names of the members so nominated be communicated to the accused and the complainant, and any objection taken thereto by any of the parties, shall be recorded. The Political Agent or the District Coordination Officer, as the case may be, shall dispose of the objections after hearing the parties and the reasons thereof be recorded and appoint the members of the Council accordingly.

(3) On receipt of the findings of the Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, by recording his reasons may,—

(a)        pass an order in accordance with the findings of the majority of the Council of Elders; or

(b)        remand the case to the Council of Elders for further inquiry and findings.

(4)        No person shall be prosecuted or punished for the same offence more than once.".

8.  Insertion of Sections 11A and 11B, Regulation III of 1901.—In the said Regulation, after Section 11, the following new Sections shall be inserted, namely:—

"11A.   Bail.—(1) Where any person accused of non-bailable offence is arrested or detained or appears or is brought before the Political Agent or District Coordination Officer, as the case may be, he may be released on bail. However, he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with imprisonment for ten years:

            Provided that the Political Agent or District Coordination Officer may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:

            Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the complainant has been given notice to show cause why he should not be so released.

(2)  If it appears to the Political Agent or District Coordination Officer, as the case may be, at any stage of the investigation, inquiry or trial that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused may, pending such inquiry be released on bail with or without sureties for his appearance.

(3) The Political Agent or District Coordination Officer, as the case may be, releasing any person on bail under sub-section (1) or (2), as the case may be, shall record his reasons in writing for so doing.

(4)  Nothing herein shall be deemed to authorize the Political Agent or District Coordination Officer, as the case may be, to release on bail any person accused of non-bailable offence not in custody or not produced before him.

(5)  The FATA Tribunal, Appellate Authority, or in case of a person released on bail by the Political Agent or District Coordination Officer, as the case may be, may cause any person who has been released under this section, to be re-arrested and may be committed to custody by an order recording reasons for so doing.

11B. Reference by Qaumi Jirga in exceptional cases.—The Political Agent or District Coordination Officer, as the case may be, may take cognizance of any offence or civil dispute in exceptional circumstances, if so recommended by a Qaumi Jirga of the Tribe in the interest of justice and public peace.".

9.  Substitution of Sections 12 and 13, Regulation III of 1901.—In the said Regulation, for Sections 12 and 13 the following shall be substituted, namely.—

"12. Punishment on conviction on findings of Council.—Where the Political Agent or District Coordination Officer, as the case may be, convicts a person under clause (9) of sub-section (3) he may pass sentence of imprisonment or fine or both for the offence, provided that the sentence shall not exceed fourteen years.

13.  Manner of enforcing sentences.—Any sentence passed under Section 12 shall be executed in the manner provided for the execution of sentences in Chapter XXVIII of the Code of Criminal Procedure, 1898 (Act V of 1898); and

(a)        an offence punishable with imprisonment for life shall be punishable with rigorous imprisonment for a term which may extend to fourteen years;

(b)        the imprisonment in default of payment of fine shall be simple and the provisions of Sections 63 to 70 of the Pakistan Penal Code, 1860 (Act XLV of 1860) shall, subject to aforesaid provisions, apply to sentences passed under this Regulation; and

(c)        the sentence of imprisonment and fine provided by the Pakistan Penal Code or any other law specified in the Second Schedule to this Regulation for the offence shall (1860 XLV of 1860) be applicable to such offence committed in Federally Administered Tribal Areas.".

10. Omission of Sections 14, 15, 16, 17 and 18, Regulation III of 1901.—In the said Regulation, Sections 14,15,16,17 and 18 shall be omitted.

11.       Substitution of Sections 19 to 32, Regulation III of 1901.—In the said Regulation, for Sections 19 to 32 the following shall be substituted, namely:—

"19. Record of Political Agent or District Coordination Officer.—(1) Where the Political Agent or District Coordination Officer, as the case may be, passes any sentence of imprisonment or fine or both, he shall maintain a complete record of the case and record his reasons for passing the sentence.

(2) The record shall be made by the Political Agent or District Coordination Officer, as the case may be, and the Council of Elders in Urdu, English or Pushto.

20.  Attendance of parties and witnesses before Political Agent or District Coordination Officer or Council of Elders.—Where a reference is made to a Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, may exercise all or any of the powers conferred by the Code of Civil Procedure, 1908, (Act V of 1908) and the Code of Criminal Procedure, 1898, (Act V of 1898) respectively, as the case may be, for the purpose of compelling the attendance, before himself or the Council of Elders or Joint Council of Elders, of the parties, and witnesses, or any of them, in any case and at any stage of the proceedings.

21. Blockade of hostile or unfriendly tribe.—In the event of any tribe of Federally Administered Tribal Areas or any section of the tribe or any member of the tribe, acting in hostile, subversive or offensive manner towards the State or to any person residing within the settled area of Pakistan, the Political Agent or District Coordination Officer, as the case may be, by an order in writing may direct,—

(a)        the arrest of hostile members of such tribe wherever they may be, and the attachment of the property both movable and immovable wherever it may be found, belonging to them or any of them;

(b)        the detention in safe custody of any person so arrested or property so attached; and

(c)        debar all or any such member of the tribe from access into the settled area of Pakistan by public proclamation:

                        Provided that the above-mentioned actions shall be taken against plareena of the accused in the first instance, and if the circumstances so warrant, then any or all of the following actions may be taken by a well-reasoned order in writing against,–

            (i)         the sub-section of the tribe of the accused;

            (ii)        the section of the tribe of the accused;

            (iii)       any other section of the tribe of the accused:

                                    Provided further that the confiscation of the property so attached shall be made after public proclamation and holding necessary inquiry:

                                    Provided also that women, children less than sixteen years of age persons over sixty-five years of age shall not be arrested and detained under this section.

                        Explanation:—Plareena as mentioned in first proviso includes the male descendants of the paternal grandfather of the accused.

22. Fines on communities accessory to crime.—(1) Where, from the circumstances of any case, there appears to be good reason to believe that the inhabitants of any village, or part of a village, or any of them, have—

(a)        connived at, or in any way abetted, the commission of any offence; or

(b)        failed to render any assistance in their power to discover the offenders or to effect their arrest;

(c)        connived at the escape of, or harbored, any offender or person suspected of having taken part in the commission of any offence; or

(d)       combined to suppress material evidence of the commission of an offence;

the Political Agent or District Coordination Officer, as the case may be, may with the previous sanction of the Commissioner, impose a fine on the inhabitants of such village or part of a village, or any of them as a whole:

            Provided that women, children less than sixteen years of age and persons over sixty-five years of age shall not be arrested and detained under this section.

Explanation.—(2) Nothing contained hearing shall be construed to debar the Political Agent or District Coordination Officer, as the case may be, to take any appropriate action against the personnel entrusted with watch and ward duties in the particular locality in accordance with Rewaj.

23. Fines on communities where murder or culpable homicide is committed or attempted.—Where, within the area occupied by a village community or part of a village-community, a person is found dangerously or fatally wounded, or the body is found of a person believed to have been killed, the members of the village community or part thereof shall be deemed to have committed an offence under Section 22, unless the elders of the village-community or part thereof show that the members thereof–

(a)        had not found an opportunity of preventing the offence or arresting the offender; or

(b)        have used all reasonable means to bring the offender to justice.

24. Recovery of fines.—Fines imposed under Section 22 shall, in default of payment, be recoverable as if they were arrears of land revenue due by the members of the community or part thereof upon whom the fine is imposed.

25. Forfeiture of remissions of revenue etc. in the case of communities and persons accessory to crime.—Where a village-community or part of a village-community has become liable to fine under Section 22, it shall further be liable to forfeit, in whole or in part and for a term or in perpetuity, any remission of land revenue of which it may be in joint enjoyment, and the members of the village-community or part thereof, as the case may be, shall in like manner be liable severally to forfeit any assignment or remission of land-revenue or allowance paid out of public funds which they, or any of them, may enjoy.

26. Forfeiture of public emoluments etc., of persons guilty of serious offences or of conniving at crime.—Where it is shown to the satisfaction of the Political Agent or District Coordination Officer, as the case may be, that any person who is in the enjoyment of an assignment or remission of land-revenue or allowance payable out of public funds, has been guilty of a serious offence, or has colluded with or harboured any criminal, or has suppressed material evidence of the commission of any offence, or has failed, on the investigation of any criminal case, to render loyal and proper assistance to the authorities, to the best of his ability, the Political Agent or District Coordination Officer, as the case may be, may in addition to any other penalty to which such person may be liable under any law for the time being in force, direct the forfeiture, in whole or in part and for a term or in perpetuity, of such assignment or remission of land-revenue or allowance, as the case may be:

Explanation.—For the purposes of this section the expression "serious offence" means any offence punishable with imprisonment for a term which may extend to three years or more.

27. Powers to direct forfeiture.—Forfeiture under Section 25 or Section 26 may be adjudged by order of the Political Agent or District Coordination Officer, as the case may be, for a term which may extend to three years, and by order of the Governor or any officer authorized by him for any longer term or in perpetuity.

28. Powers of Governor saved.—Nothing contained in Sections 25, 26 and 27 shall affect the powers of the Governor with respect to the grant, continuance or forfeiture, in whole or in part, of any assignment or remission of land-revenue or of any allowance paid out of public funds.

29. Preparation to commit certain offences.—Where a person is found carrying arms in such manner or in such circumstances as to afford just grounds of suspicion that the arms are being carried by him with intent to use them for an unlawful purpose, and that person has taken precautions to elude observation or evade arrest, he shall be taken in custody and be tried as provided in Section 11 and if found guilty, may be punished with fine which may extend to five thousand rupees and the arms carried by him be confiscated and in case of habitual offender or previous convict, he may be punished with imprisonment which may extend to two years or with fine which may extend to rupees ten thousand and the arms carried may be confiscated.

30. Adultery.—(1) A married woman who, knowingly and by her own consent, has sexual intercourse with any man who is not her husband, is guilty of the offence of adultery, and shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

(2) Cognizance shall not be taken of an offence under this section unless a complaint has been made by the husband of the woman, or, in his absence, by a person who had care of the woman on his behalf at the time when the offence was committed.

31. Power to prohibit erection of new villages or towers on frontier.—(1) No new hamlet, village-habitation, tower or walled enclosure shall, without the previous sanction in writing of the Political Agent or District Coordination Officer, as the case may be, who may either grant or refuse such sanction as he thinks fit, be erected at any place within one hundred and twenty yards from the center of the road.

(2) Where the Political Agent or District Coordination Officer, as the case may be, refuses to sanction the erection of any such hamlet, village-habitation, tower or walled enclosure, as the case may be, he shall record his reasons in writing for so doing.

32. Power to direct removal of villages.—Where it is expedient on military grounds, the Federal Government may, by order in writing, direct the removal of any village situated in close proximity to the frontiers of Islamic Republic of Pakistan to any other suitable site, and award to the inhabitants such compensation for any loss which may have been occasioned to them by the removal of their village as, in the opinion of the Federal Government, is just and adequate.".

12. Omission of Section 33, Regulation III of 1901.—In the said Regulation, Section 33 shall be omitted.

13. Substitution of Section 34, Regulation III of 1901.—In the said Regulation, for Section 34 the following shall be substituted, namely:—

"34. Attachment or disposal of buildings used by robber, etc.—(1) Where the Political Agent or District Coordination Officer, as the case may be, is satisfied that any building is habitually used as a meeting place by robbers, house-breakers, thieves, receivers of stolen properties, protectors or harbourers of thieves or their abettors, habitual offenders who commit or attempt to commit, or abet the commission of the offences of kidnapping, abduction, extortion, cheating, mischief, car-lifting, offences involving breach of peace, or by desperate and dangerous criminals or for the purpose of gambling, he may, by order in writing, direct the arrest of such persons and prohibit the owner or occupier thereof from so using such building, and, if the order is not obeyed, he may, by a like order, direct that the building be attached in favour of Government of Pakistan, and where such attachment is not feasible, then the Political Agent or District Coordination Officer, as the case may be, may pass an order of the disposal of the building if the Jirga of the Tribe expresses its inability to effect surrender of the accused to the Administration. Such further order shall be without prejudice to any punishment to which the offenders or owner or occupier of such building may, under any law for the time being in force, be liable for disobedience of the prohibitory order.

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