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THE PAKISTAN ARMY ACT, 1952

1ACT XXXIX OF 1952

[13th, 1952]

An Act to consolidate and amend the law relating to the Pakistan Army.

WHEREAS it is expedient to consolidate and amend the law relating to the Pakistan Army; It is hereby enacted as follows:____

 

CHAPTER I.___PRELIMINARY

1. Short title and commencement.___(1) This Act may be called the Pakistan Army Act, 1952.

(2) It shall come into force on such date2 as the 3[Federal Government] may, by notification in the Official Gazette, appoint in this behalf.

 

 

1 For Statement of Object and Reasons, see Gaz. of P., (1951 Pt. V, dated the 23rd November 1951, P. 71; and for Report of Select Committee, see ibid. 1952. Ext., pp. 347-400.

The Act has been extended to Khairpur State, by the Khairpur (Federal Laws) Extension) Order, 1953 (G.G.O. 5 of 1953).

It has been extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953), as amended.

The Act has been and shall be deemed always to have been applied to Baluchistan and the Federated Areas of Baluchistan with effect from the 1st April, 1955, see Gaz. of P., 1955, see Gaz. of P., 1955. Pt. I p. 204.

The Act has been extended to the whole of Pakistan by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch. (with effect from the 14th October, 1955).

The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.

The Act, rules, notifins, and orders made under it, have been applied to the Tribal Areas or to the part of those areas to which they have not been already applied, see the Tribal Areas (Application of Acts) Reason 1965. Gaz. of P. 1965., Ext., pp 1016-1018.

The Provisions of this Act and rules made thereunder have been applied in their application to non-commissioned officer and men of the Pakistan Mujahid Force. When embodied for or otherwise undergoing training with certain modification specified in Sch. II to rule 12 of the Pakistan Mujahid Force Rules, 1965, see Gaz. of P., 1965, Ext., pp. 1105-1107.

2 The 1st day of April, 1955, see Gaz. of P., 1955, Ext. p. 389.

3 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

 

2. Persons subject to the Act.___(1) The following persons shall be subject to this Act, namely :___

(a) officers, junior commissioned officers and warrant officers of the Pakistan Army ;

1[(b) persons enrolled under The Indian Army Act, 1911, before the date notified in pursuance of sub-section (2) of section 1, and serving with the Pakistan Army immediately before that date, and persons enrolled under this Act;]

2[(bb) persons subject to the 3[Pakistan Navy Ordinance, 1961], or the Pakistan Air Force Act, 1953, when seconded for service with the Pakistan Army, to such extent and subject to such regulations as the 4[Federal Government] may direct;]

(c) persons not otherwise subject to this Act, who, on active service, in camp, on the march, or at any frontier post specified by the 4[Federal Government] by notification in this behalf, are employed by, or are in the service of or are followers of, or accompany any portion of the Pakistan Army 5[;]

5[(d) persons not otherwise subject to this Act who are accused of__

(i) seducing or attempting to seduce any person subject to this Act from his duty or allegiance to Government, or

1 Subs. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 2, for the original clause (b) (with effect from the 1st April, 1952).

2 Clause (bb) ins. by ibid.

3Subs. by the Repealing and Amending Ordinance, 1965 (10 of 1965), s. 3, and 2nd Sch., for “Pakistan Navy (Discipline) Act, 1934 (XXXIV of 1934)”.

4Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

5 Subs. and added by the Defence Services Laws Amendment Ordinance, 1967 (3 of 1967), s. 2.


(ii) having committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air fore affairs of Pakistan, an offence under the Official Secrets Act, 1923 1[02]

1["(iii) claiming or are known to belong to any terrorist group or organization using the name of religion or a sect; and

(a) raise arms or wage war against Pakistan, or attack the Armed Forces of Pakistan or law enforcement agencies, or attack any civil or military installations in Pakistan; or

(b) abduct any person for ransom, or cause death of any person or injury; or

(c) posses, store, fabricate or transport the explosives, fire arms, instrument, articles, suicide jackets; or

(d) use or design vehicles for terrorist acts; or

(e) provide or receive funding from any foreign or local source for the illegal activities under this clause; or

(f) act to over-awe the state or any section of the public or sect or religious minority; or

(g) create terror or insecurity in Pakistan or attempt to commit any of the said acts within or outside Pakistan,

shall be punished under this Act; and

(iv) claiming or are known to belong to any terrorist group or organization using the name of religion or a sect and raise arms or wage war against Pakistan, commit an offence mentioned at serial No. (i), (ii), (iii),(v),(vi), (vii), (viii), (ix), (x), (xi), (xii), (xii), (xv), (xvi), (xvii) and (xx) in the Schedule to the Protection of Pakistan Act, 2014 (X of 2014).

Provided that any person who is alleged to have abetted, aided or conspired in the commission of any offence falling under sub-clause (iii) or sub-clause (iv) shall be tired under this Act wherever he may have committed that offences:

Provided further that no person accused of an offence falling under sub-clause (iii) or sub-clause (iv) shall be prosecuted without the prior sanction of the Federal Government.

Explanation: In this clause in the expression ‘sect’ means a sect of religion and does not include any religious or political party regulated under the Political Parties order, 2002"].

1Ins. & added by Act, II of 2015,s.2.


1[(e) persons not otherwise subject to this Act who belonged to the former East Pakistan Civil Armed Forces and were repatriated to Pakistan after the sixteenth day of December, 1971.]

(2) Every person subject to this Act under clause (a) or clause (b) 1[or clause (e)]of sub-section (1) shall remain so subject until duly retired, released, dis­charged, removed or dismissed from the service.

2[(3) Every person subject to this Act under clause (bb) of sub-section (1) shall remain so subject during the period of his secondment to the Pakistan Army.]

3["(4) The Federal Government shall have the power to transfer any proceedings in respect of any person who is accused of any offence falling under sub-clause (iii) or sub-clause (iv) of clause (d) of sub-section (1), pending in any court for a trial under this Act.

(5) Any proceedings transferred under sub-section (4) shall be deemed to have been instituted under this Act.

(6) Where a case is transferred under sub-section (4)it shall not be necessary to recall any witness or again record any evidence that may have been recorded.”

4[2A. Secondment to Navy or Air Force. The 5[Federal Government] may by order in writing direct that any person 6* * * 7[referred to in clause (a), clause (b) or clause (e)] of sub-section (1) of section 2 shall, under such conditions as may be laid down by regulations, be seconded for service with the Pakistan Navy or the Pakistan Air Force.]

8[2B. Secondment to other armed forces.___The Federal Government may by order

 

1 Subs. added and Ins. by the Pakistan Army (Amdt.) Act, 1975 (73 of 1975), s. 2.

2 New sub-section (3) added by the Pakistan Army (amdt.) Act, 1958 (11 of 1958), s. 2 (with effect from the 1st April, 1952).

3Ins. and added by Act II of 2015, s. 2.

4 Ins. ibid., s. 3.

5 Subs. by the Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

6 The words “belonging to the Army Medical Corps and” omitted by the Pakistan Army (Amdt.) Ordinance, 1959 (61 of 1959), s. 2 (with effect from the 1st April, 1955).

7Subs. by the Defence Service laws (Amdt.) Ordinance, 1967 (3 of 1967),s.2 for “subject to this Act otherwise the under clause (abb)”.

8 Ins. by Act 73 of 1975, s. 3.


in writing direct that any person referred to in clause (a) of sub-section (1) of section 2, other than a junior commissioned officer or warrant officer, shall, under such conditions as may be laid down by regulations, be seconded for service with any other armed forces raised or maintained by the Federal Government, including civil armed forces.]

3. Special provision as to rank in certain cases.___(1) The 1[Federal Government] may, by notification, direct that any person or class of persons subject to this Act under clause (c) 2[or clause (d)] of sub-section (1) of section 2 shall be so subject as officers, junior commissioned officers, warrant officers or non‑commissioned officers, and may authorise any officer to give a like direction with respect to any such person or to cancel such direction.

(2) All persons subject to this Act other than officers, junior com­missioned officers, warrant officers or non‑commissioned officers shall, if they are not persons in respect whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank inferior to that of a non‑commissioned officer.

4. Commanding officer of certain persons subject to the Act. Every person subject to the Act under clause (c) of sub-section (1) of section 2 shall, for the purposes of this Act, be deemed to be under the command of the commanding officer of the corps, unit or detachment (if any) to which he is attached, and if he is not so attached, then he shall be under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or if no such officer is named, under the command of the said officer commanding the force:

Provided that an officer commanding a force shall not place a person under the command of an officer of rank inferior to that of such persons, if there

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

2 Ins. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 2.


 

is present at the place where such person is any officer of a higher rank under whose command he can be placed.

5. Powers to apply Act to certain forces under the 1[Federal] Govern­ment.(1) The 1[Federal Government] may, by notification, apply all or any provisions of this Act to any force raised and maintained in Pakistan under the authority of the 1[Federal Government 2[or a Provincial Government]].

(2) On such notification being made any provisions of this Act so applied shall have effect in respect of persons belonging to any such force as they have effect in respect of person subject to this Act holding in the Pakistan Army the same rank as or equivalent to that which the afore­said persons hold for the time being in the said force ; and shall have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of any such force as they have effect in respect of persons subject to this Act under clause (c) of subsection (1) of section 2.

(3) While any of the provisions of this Act apply to any such force, the 1[Federal Government] may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these pro­visions shall be exercised or performed in respect of that force, and may suspend the operation of any other enactment for the time being applic­able to that force.

6. Application of Act to States forces by Order of the President. The 3[President] may by order apply all or any provi­sions of this Act to any Land Forces of an Acceding State.

7. Power to declare persons to be on active service. Notwithstanding anything contained in clause (1) of section 8, the 1[Federal Government] may, by notification, direct that any person or class

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

2 Added by the Pakistan Army (Amdt.) Ordinance, 1971 (13 of 1971), s. 2.

3 Subs. by A.O., 1961, Art. 2 and Sch., for “Governor-General” (with effect from the 23rd March, 1956).


of persons subject to this Act shall, with reference to any area in which he may be serving or with reference to all or any of the provisions of this Act or of any other law for the time being in force, he deemed to be on active service within the meaning of this Act.

8. Definitions. In this Act, unless the context otherwise requires,

(1) “active service”, as applied to a person subject to this Act, means the time during which such person is attached to, or forms part of a force which is engaged in operation against an enemy, or is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or is attached to or forms part of a force which is in military occupation of a foreign country ;

1[(2) “Chief of the Army Staff” means the officer commanding the Pakistan Army ;

(3) “Civil offence” means an offence which, if committed in Pakistan, would be triable by a criminal court.]

(4) “Commanding Officer” means:

(i) when used in any provision of this Act with reference to any separate portion of the Pakistan Army, the officer whose duty it is under the regulations of the Pakistan Army, or in the absence of such regula­tions by the custom of the service, to discharge with respect to that portion, the functions of the commanding officer, 2*

(ii) when used in relation to a person subject to this Act, the officer for the time being in command of any separate portion of the Pakistan Army

1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 3. for sub-section (2) and (3).

2 Omitted by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 2.


1[or of any unit of a force] to which such person belongs or is attached 2[; and]

3[(iii) when used in relation to a person subject to this Act under clause (d) of sub-section (1) of section 2, any staff officer of General Headquarters or a formation Headquarters or an officer, not below the rank of field officer, within whose jurisdiction the offence is alleged to have been committed or the person who is alleged to have committed it resides or is found.]

(5) “corps” means any separate body of the Pakistan Army 1[or of any force] which is prescribed as a corps for the purposes of all or any of the provisions of this Act ;

(6) “Court martial” means a Court martial held under this Act ;

(7) “Criminal Court” means a court of ordinary criminal justice in Pakistan, or established elsewhere by the authority of the 4[Federal Government] ;

(8) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to act ;

5[(8a) “Islamic law” means a law relating to the enforcement of Hudood;]

(9) “junior commissioned officer” means a person commissioned, gazetted or in pay as a junior commissioned officer in the Pakistan army ;

1 Ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 2.

2 Subs. by the Pakistan Army (Amdt.) Act 1973 (51 of 1973), s. 2, for semi colon.

3 Added ibid., s. 2.

4 Subs. ibid., s. 3, for “Central Government”.

5 Ins. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 2.


1[(9a) “military custody” means the arrest or confinement of a person according to the usage of the service and includes naval or air force custody ;

(9b) “military reward” includes any gratuity or annuity for long service or good conduct, any good service pay or pension, and any other military pecuniary award ;]

(10) “non‑commissioned officer” means a persons attested under this Act who holds a non‑commissioned rank in the Pakistan Army 2[and includes an active non-commissioned officer];

(1l) “offence” means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined ;

3[(12) “officer” means a person, other than a junior commissioned officer, commissioned, gazetted or in pay as an officer of the Pakistan Army and includes, in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Pakistan Navy and an officer of the Pakistan Air Force,].

(l3) “prescribed” means prescribed by rules made under this Act ;

(14) “service” when used in relation to an institution, necessaries, books, band, mess, money, goods or other property means an institution, necessaries, books, band, mess, money, goods or other property belonging to, or connected with, the Pakistan Army or any unit or part thereof ;

1New clauses (9a) and (9b) ins. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 4.

2 Added, ibid.

3 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 3 which was previously subs. by the Pakistan Army (Amdt.) Act, 1963 (9 of 1963), s. 2, for the original clause (12), to read as above.


(15) “superior officer”. when used in relation to a person subject to this Act, 1[includes a junior commissioned officer, a warrant officer] or a non‑commissioned officer ; and, as regards persons placed under his orders, an officer, warrant officer, petty officer or non‑commissioned officer of the Pakistan Navy or Air Force;

(16) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the Pakistan Army 2[;]

3[(17) All words and expressions used but not defined in this Act and defined in the Pakistan Penal Code (XLV of 1860) 4[or in any Islamic Law] shall be deemed to have the meanings assigned to them in that Code 4[or, as the case may be, that law].

CHAPTER II. APPOINTMENT, ENROLEMENT AND ATTESTATION

9. Appointment to warrant rank. The 5[President] may appoint any person as warrant officer.

9.A. [Administration of oath to warrant officers. (Omitted by the Pakistan Army (Amdt.)Act, 1976 (51 of 1976), s. 4].

10. Ineligibility of aliens for service in the Army. No person who is not a citizen of Pakistan shall, except with the consent of the 6[Federal Government] signified in writing, be granted a commission or warrant or be enrolled in the Pakistan Army.

1 Subs. by the Pakistan Army (Amdt.) Act, 1958. (11 of 1958), s. 4. for “includes a warrant officer”.

2 Subs. ibid, for full-stop.

3 New clause (17) added ibid.

4 Ins. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 2.

5 Subs. by A.O., 1961, Art. 2, for “Governor-General” (with effect from the 23rd March, 1956).

6 Subs. by the Pakistan Army (Amdt.), Act, 1973 (51 of 1973), s. 3, for “Central Government”.


11. Procedure before enrolling officer. Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or .cause to be read and explained to him in his presence, the conditions of the service for which he is enrolled and shall put to him the questions set forth in the prescribed form of enrolment and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.

12. Enrolment. If, after complying with the provisions of section 11, the enrolling officer is satisfied that the person desirous of being enrolled understands the questions put to him and consents to the conditions of service, and if the enrolling officer perceives no impediment, he shall sign and also cause such person to sign the enrolment paper and the person shall thereupon be deemed to be enrolled.

13. Presumption of validity of enrolment in certain cases. Every person who has for the space of three months been in receipt of military pay as a person enrolled under this Act and been borne on the rolls of any corps or unit of the Pakistan Army shall be deemed to have been duly enrolled and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever, and if any person, in receipt of such pay and borne on the rolls as aforesaid claim his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as a person enrolled under this Act or invalidate any proceedings, act or thing taken or done prior to his discharge.

14. Persons to be attested. The following persons shall be attested, namely:

(a) all persons enrolled as combatants;

(b) all persons selected to hold a non‑commissioned or acting non-­commissioned rank;


(c) all other enrolled persons prescribed by the 1[Federal Govern­ment].

15. Mode of attestation.(1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer, in front of his corps or unit or such portion thereof as may be present, or by any other prescribed person 2[:]

2[Provided that, if the person to be attested is a Muslim, this section shall have effect as if reference therein to affirmation were omitted.];

3[(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that he will not engage himself in any political activities whatsoever and that he will honestly and faithfully serve Pakistan in the Pakistan Army as required by or under the law, and that he will obey all commands of any officer set over him, even to the peril of his life.]

(3) The fact that an enrolled person has taken the oath or affirma­tion directed by this section shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.

15A.[Fresh oath to certain persons]. [Omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 6].

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3 for “Central Government”.

2Subs. and added by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 5.

3 Subs. F.A.O. 1975, Art. 2, and Sch, for sub-section 2 and 3.


CHAPTER III.TERMINATION OF SERVICE

16. Dismissal or removal by Federal Government. The 1[Federal Government] may dismiss or remove from the service any person subject to this Act.

17. Dismissal or removal by 2[Chief of the Army Staff] or other authorised officer.(1) The 2[Chief of the Army Staff] may dismiss or remove from the service any junior commissioned officer, or warrant officer, or any per­son enrolled under this Act.

(2) An officer having power 3[to convene a district court martial or an officer not below the rank of lieutenant-colonel] empowered by the 2[Chief of the Army Staff] in this behalf may dismiss or remove from the service any person enrolled under this Act who may be serving under his command.

18. Retirement, release, or discharge. The prescribed authority may, in conformity with such rules as may be prescribed in this behalf, retire, release or discharge from the service any person subject to this Act.

19. Certificate on termination of service. Every junior commissioned officer, warrant officer, or person enrolled under this Act, who is dis­missed, removed, retired, released or discharged from the service shall be furnished by his commanding officer with a certificate in the English language or such other language as he understands, setting forth,

(a) the authority who terminates his service;

(b) the cause for such termination;

(c) the full period of his service in the Pakistan Army.

20. Discharge or dismissal when out of Pakistan.(1) Any person subject to this Act, who is entitled under the conditions of his service to be

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

2 Subs. by F.A.O., 1975 Art. 2 and Sch., for “Command-in-Chief”.

3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), section 3, for “not less than that of a brigade commander or any officer not below the rank of brigadier”.


discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of Pakistan, and requests to be sent to Pakistan, shall, before being discharged, be sent to Pakistan with all convenient speed.

(2) Any person subject to this Act who is dismissed from the service and who, when he is so dismissed is serving out of Pakistan shall be sent to Pakistan with all convenient speed.

(3) When any such person as is mentioned in subsection (2) is sentenced to dismissal combined with any other punishment, such other punishment, or in the case of a sentence of 1[Imprisonment for life or for a shorter term] a portion of such sentence may be inflicted before he is sent to Pakistan.

Explanation.For the purposes of this section, the word “discharge” shall include retirement or release, and the word “dismissal” shall include removal.

 

CHAPTER IV. SUMMARY REDUCTION AND PUNISHMENT OTHERWISE THAN BY SENTENCE OF COURT MARTIAL.

 

21. Reduction of warrant officers and non‑commissioned officers.­(1) The 2[Chief of the Army Staff] may reduce to a lower grade or class any warrant officer.

(2) The 2[Chief of the Army Staff] or 3[an officer having power to convene a district court martial or an officer not below the rank of lieutenant-colonel empowered by the 2[Chief of the Army Staff] in this behalf] may reduce to a lower grade or rank or to

1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 7, for “transportation of imprisonment”.

2 Subs. by F.A.O., 1975 Art. 2 and Sch., for “Commander-in-Chief”.

3Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 4, for original words.


the ranks any non-commissioned officer who may be serving under his command.

22. Reversion of an acting non‑commissioned officer. The command­ing officer of an acting non‑commissioned officer may order him to revert to his permanent grade as a non‑commissioned officer or, if he has no permanent grade above the ranks, to the ranks.

23. Minor punishments.(l) The 1[Federal Government] may, on the recommendation of the 2[Chief of the Army Staff] prescribe the minor punishments to which persons subject to this Act shall be liable without the intervention of court martial, and the officer by whom, and the extent to which, such minor punishments may be awarded.

(2) Detention, or rigorous imprisonment in military custody, and, in the case of persons subject to this Act on active service, any prescri­bed field punishment may be specified as minor punishments;

Provided that

(a) the term of such detention, rigorous imprisonment or field punishment shall not exceed twenty‑eight days, and

(b) such detention, rigorous imprisonment or field punishment shall not be awarded to any person who is of or above the rank of non­commissioned officer, or who, when he committed the offence in respect of which it is awarded, was of or above such rank.

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

2 Subs. by the F.A.O., 1975 Art, 2 and Sch., for “Commander-in-Chief”.


CHAPTER V.OFFENCES

24. Offences in relation to enemy and punishable with death. Any person subject to this Act who commits any of the following offences, that is to say,

(a) shamefully abandons or delivers up any garrison, fortress, air­field, place, post or guard committed to his charge or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to do any of the said acts ; or

(b) in the presence of any enemy, shamefully casts away his arms, ammunition, tools or equipment, or misbehaves in such manner as to show cowardice ; or

(c) intentionally uses words or any other means to compel or induce any person subject to this Act, 1* * * 2[or to the Pakistan Air Force Act, 1953 (VI of 1953),] or to the 3[Pakistan Navy Ordinance, 1961 (XXXV of 1961)], to abstain from acting against the enemy or to discourage such person from acting against the enemy ; or

(d) directly or indirectly, treacherously holds correspondence with, or communicates intelligence to, the enemy or who coming to the know­ledge of such correspondence or communication treacherously omits to discover it to his commanding or other superior officer ; or

(e) directly or indirectly assists or relieves the enemy with arms, ammunition, equipment, supplies or money, or knowingly harbours or protects an enemy not being a prisoner ; or

1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and Sch. 2.

2 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for “Pakistan Navy (Discipline) Act, 1934”.


(f) treacherously or through cowardice sends a flag of truce to the enemy ; or

(g) in time of war, or during any operation, intentionally occasions a false alarm in action, camp, garrison or quarters or spreads reports Calculated to create alarm or despondency ; or

(h) in time of action, leaves his commanding officer, or quits his post, guard, picquet patrol or party without being regularly relieved or without leave ; or

(i) having been made a prisoner of war, voluntarily serves with or aids the enemy ; or

(j) knowingly does when on active service any act calculated to imperil the success of the Pakistan forces or any forces co‑operating therewith or of any part of such forces ;

shall on conviction by Court martial, be punished with ‘death or with such less punishment as is in this Act mentioned.

25. Offences in relation to the enemy and not punishable with death. Any person subject to this Act who, on active service,

(a) without orders from his superior officer leaves ranks in order to secure prisoners, animals or materials, or on pretence of taking wounded men to the rear ; or

(b) without orders from his superior officer, wilfully destroys or damages any property ; or

(c) is taken prisoner for want of due precaution or through disobedi­ence of orders or wilful neglect of duty, or, having been taken prisoner, fails to rejoin his service when able to do so ; or

(d) without due authority, either holds correspondence with, or communicates intelligence, or sends a flag of truce, to the enemy ; or


(e) by word of mouth, or in writing, or by signals, or otherwise spreads reports calculated to create alarm or despondency ; or

(f) in action or previously to going into action, uses words calcula­ted to create alarm or despondency ;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.

26. Disclosure of parole or watchword. Any person subject to this Act who

(a) treacherously makes known the parole, watchword or counter­sign to any person not entitled to receive it, or

(b) treacherously gives a parole, watchword or countersign different from what he received,

shall, on conviction by Court martial,

if he commits the offence on active service, be punished with death, or with such less punishment as is in this Act mentioned, and

1[if he commits such offence not on active service], be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

27. Offences against property or persons of inhabitant of country where serving. Any person subject to this Act who, on active service, commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.

1 Subs. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 5, for “if he commits such offence on active service”.


28. Offences relating to sentries. Any person subject to this Act who commits any of the following offences, that is to say,

(a) being a sentry, sleeps or is intoxicated on his post or quits it without leave ; or

(b) being a sentry, or on guard, plunders, or wilfully destroys, or injures, any property placed under his charge or under charge of his guard ; or

(c) strickes, or force or attempts to force any sentry or safeguard; or

(d) without orders from his superior officer, leaves his guard, picquet, patrol or post ;

shall, on conviction by court martial,

if he commits such offence on active service, be punished with rigorous imprisonment which may extend to fourteen years or with such less punishment as is in this Act mentioned; and

if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

29. House breaking, false alarms, unauthorised disclosures, punish­able more severely on active service than at other times. Any person subject to this Act who

(a) breaks into any house or other place in search of plunder ; or

(b) by any means whatever, intentionally occasions a false alarm ;or

(c) without due authority, either verbally or in writing or by signals or otherwise discloses the number or position of any of the Pakistan forces, or any part thereof, or any preparation for, or orders relating to operations or movement of such forces ;


shall, on conviction, by Court martial,

if he commits the offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned, or

if he commits the offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

30. Other service offences. Any person subject to this Act who

(­a) by any means whatever, negligently occasions a false alarm ; or

(b) makes known the parole, watchword, or countersign to any person not entitled to receive it, or, without good and sufficient cause, gives a watchword, parole or countersign different from what he received ; or

(c) irregularly detains or appropriates to his own unit or detachment any provisions or supplies proceeding to the forces, contrary to orders issued in that respect ;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to three years or with such less punishment as is in this Act mentioned.

31. Mutiny and insubordination. Any person subject to this Act who commits any of the following offences, that is to say,

(a) begins, incites, causes, or conspires with any other person to cause, or joins in, any mutiny in the military, naval or air forces of Pakistan or any forces co‑operating therewith ; or

(b) being present at any such mutiny, does not use his utmost endeavours to suppress the same ; or


(c) knowing or having reason to believe in the existence of any such mutiny or any intention to commit such mutiny, or of any such conspiracy, does not without reasonable delay give information thereof to his commanding or other superior officer ; or

(d) attempts to seduce any person in the military, naval or air forces of Pakistan from his duty or his allegiance to the Government of Pakistan ;

shall, on conviction by Court martial, be punished with death or with such less punishment as is in this Act mentioned.

32. Offences in relation to superior officers.(1) Any person subject to this Act who uses or attempts to use criminal force to, or commits an assault on, his superior officer being in the execution of his office, knowing or having reason to believe him to be such, shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who commits any of the follow­ing offences, that is to say

(a) uses or attempts to use criminal force to, or commits an assault on, his superior officer, knowing or having reason to believe him to be such ; or

(b) is grossly insubordinate or insolent to his superior officer, knowing or having reason to believe him to be such ; or

(c) impedes a provost marshal or any person lawfully acting on his behalf, or any member of the service police, or when called upon, refuses to assist a provost marshal or any person lawfully acting on his behalf or any member of the service police in the execution of his duty,


shall, on conviction by Court martial,

if he commits such offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned ; and

if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

Explanation.For the purposes of subsection (2), “provost marshal” shall be deemed to include a provost marshal or any of his assistants appointed under 1* * * the Pakistan Air Force Act, 1953 (VI of 1953), or the 2[Pakistan Navy Ordinance, 1961 (XXXV of 1961)], and “service police” shall be deemed to include members of the Air Force or the Naval Police, being persons subject to the aforesaid Acts.

33. Disobedience of lawful command.(1) Any person subject to this Act who disobeys in such a manner as to show a wilful defiance of authority a lawful command given personally by his superior officer, knowing or having reason to believe him to be such, shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who disobeys the lawful com­mand of his superior officer, knowing or having reason to believe him to be such, shall, on conviction by Court martial,

if he commits such offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned ; and

1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.

2 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for “Pakistan Navy (Discipline) Act, 1934”.


if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

34. Neglect to obey orders.‑Any person subject to this Act who neglects to obey any standing or routine or other orders shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.

35. Insubordination and obstruction. Any person subject to this Act, who

(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer though of inferior rank, who orders him into arrest, or uses criminal force to, or assaults any such officer ; or

(b) uses criminal force to or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer ; or

(c) resists an escort whose duty it is to apprehend him or to have him in charge ;

shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.

36. Desertion and aiding deserters. (1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by Court martial.

if he commits the offence when on active service or when under orders for active service, be punished with death, or such less punish­ment as is in this Act mentioned ; and


if he commits the offence under any other circumstances, be punish­ed 1[with rigorous imprisonment for a term which may extend to five years] or with such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who knowingly harbours any deserter from any of the military, naval or air forces of Pakistan shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to seven years or with such less punishment as is in this Act mentioned.

(3) any person subject to this Act who, being cognizant of any desertion, or attempt at desertion, of any person belonging to the military, naval or air forces of Pakistan, does not forthwith give notice to his own or some other superior officer, or does not take any steps in his power to cause such person to be apprehended, shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to three years or with such less punishment as is in this Act mentioned.

37. Absence without leave. Any person subject to this Act who,

(a) absents himself without leave ; or

(b) without sufficient cause overstays leave granted to him ; or

(c) being on leave of absence and having received information from proper authority that the corps or unit or detachment or portion of the corps unit or detachment to which he belongs, has been ordered on active service, fails ; without sufficient cause, to rejoin without delay ; or

(d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty ; or

1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 8.


(e) when on parade, or on the line of march, without sufficient cause 1[or] without leave from his superior officer, quits the parade or line of march ; or

(f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any standing or routine order without a pass or written leave from his superior officer ; or

(g) without leave from his superior officer or without sufficient cause, absents himself from any school or other institution when duly ordered to attend there ;

shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to 2[three years], or with such less punishment as is in this Act mentioned

38. Fraudulent enrolment. Any person subject to this Act who,

(a) without having obtained a regular discharge from the corps or unit to which he belongs, or without having otherwise fulfilled the conditions enabling him to enroll or enter, enrolls himself in, or enters the same or any other corps or unit or any part of the Pakistan Forces regular or non‑regular ; or

(b) is concerned in the enrolment in any of the Pakistan Forces, regular or non‑regular, of any person whom he knows or has reason to believe to be so circumstanced that by enrolling he commits an offence against this Act 3* * * 4[or the Pakistan Air Force Act, 1953 (VI of 1953),] or the 5[Pakistan Navy Ordinance, 1961 (XXXV of 1961)];

shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

1 Subs. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 6, for “and”.

2 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 9, for five years.

3 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3, and Sch., 2.

4 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch., (with effect from the 14th October, 1965).

5 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for “Pakistan Navy (Discipline) Act, 1934”.


39. False answers on enrolment. Any person having become subject to this Act by enrolment who is discovered to have made at the time of his enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which was put to him by the enrolling officer before whom he appeared for the purpose of being enrolled shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

40. Fraudulent offence in respect of property. Any person subject to this Act who commits any of the following offences, that is to say,

(a) dishonestly misappropriates or commits theft of, or criminal breach of trust in respect of any property belonging to the Government or any service property or the property of any person subject to this Act,

1* * * 2[or the 3Pakistan Air Force Act, 1953 (VI of 1953)] or to the Pakistan Navy Ordinance, 1961 (XXXV of 1961)], or of any person serving with or attached to any of the armed forces of Pakistan ; or

(b) dishonestly receives or retains any stolen property of the nature specified in clause (a), knowing or having reason to believe the same to be stolen ; or

(c) is guilty of any other act or omission with intent to defraud, or to cause wrongful gain or wrongful loss to any person ;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to five years, or with such less punish­ment as is in this Act mentioned.

1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and Sch. 2.

2 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch (with effect from 14th October, 1955).

3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for “ Pakistan Navy (Discipline) Act, 1934”.


41. Certain forms of disgraceful conduct. Any person subject to this Act who commits any of the following offences this is to say,

(a) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity ; or

(b) with intent to render himself or any other person subject to this Act unfit for service, voluntarily causes hurt to himself or such other person ; or

(c) is guilty of any disgraceful conduct of a cruel indecent or unnatu­ral kind;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to ten years or with such less punish­ment as is in this Act mentioned.

42. Illegal gratification. Any person subject to this Act who directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, from any person for himself or any other person, any gratification whatever other than a legal remuneration, as a motive or reward for doing or forbearing to do any act, or for showing favour or disfavour to any person, in relation to any of the affairs of the State or of any service affairs, shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

43. Intoxication. Any person subject to this Act who commits the following offence, that is to say, the offence of being in a state of intoxication, shall, on conviction by Court martial,

if he commits such offence on active service or while he is on duty, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned ; and


 

1[if he commits such offence while not on active service or not on duty be punished with rigorous imprisonment for a term which may extend to three years or with such less punishment as is in this Act mentioned.].

44. Offences in relation to persons in custody.(1) Any person subject to this Act who, without authority, wilfully releases any prisoner or person placed in service custody, shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.

2[(2) Any person subject to this Act who commits any of the follow­ing offences, that is to say,

(a) negligently or without reasonable excuse allows any prisoner or person placed in his charge to escape; or

(b) being in lawful custody escapes or attempts to escape or leaves such custody before he is set at liberty by proper authority ;

shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.].

45. Loss of arms, etc. and destruction of property. Any person subject to this Act who commits any of the following offences, that is to say,

(a) loses by neglect any arms, ammunition, equipment, instruments, tools, clothing or any other thing being Government or service property issued to him for his use or entrusted to him for his use or entrusted to him for military purposes ; or

1 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 3.

2 Subs. ibid., s. 4.


(b) wilfully destroys or injures any Government or service property ;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to two years or with such less punishment as is in this Act mentioned.

46. False accusation. Any person subject to this Act who commits any of the following offences, that is to say,

(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false ; or

(b) in making a complaint to his superior officer makes any statement affecting the character of a person subject to this Act knowing or having reason to believe such statement to be false, or in making such complaint knowingly and wilfully suppresses any material fact ;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.

47. False documents. Any person subject to this Act who commits any of the following offences, that is to say,

(a) in any report, return, list certificate, book or other service or official document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy,

(i) knowingly makes or is privy to the making of any false or frau­dulent statement ; or

(ii) knowingly makes or is privy to the making of an omission with intent to defraud ; or


(b) knowingly and with intent to injure any person, or to defraud, suppresses, defaces, alters or makes away with, any service or official document which it is his duty to preserve or produce ; or

(c) when it is his official duty to make a declaration respecting any service or official matter, knowingly makes a false declaration ;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to seven years, or with such less punishment as is in this Act mentioned.

48. Signing in blank and failure to report. Any person subject to this Act who,

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores 1[or] any other Government or ser­vice property, knowingly leaves in blank any material part for which his signature is a voucher ; or

(b) refuses, or by culpable neglect omits, to make a report or return which it is his duty to make ;

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.

49. Offences in relation to Courts martial. Any person subject to this Act who commits any of the following offences, that is to say,

(a) refuses to be sworn or affirmed when duly required by a Court martial to be sworn or affirmed; or

(b) refuses, when a witness, to answer any question or to produce or deliver up any book, document or other thing when duly required by a Court martial to answer such

1 Subs. by the Pakistan Army (Amdt.) Act,. 1976 (51 of 1976), s. 10, for “of”.


question, or to produce or deliver up such book, document or other thing ; or

(c) is guilty of contempt of Court martial, by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court ;

shall, on conviction by Court martial, be punished with rigorous impri­sonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

50. False statement before Court martial. Any person subject to this Act who, having been duly sworn or affirmed before any Court martial or other military Court competent under this Act to administer an oath or affirmation, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to ten years, or with such less punishment as is in this Act mentioned.

51. Irregular confinement. Any person subject to this Act who,

(1) without lawful excuse, detains a person in arrest or confinement without bringing him to trial or fails to bring his case before the proper authority for investigation ; or

(2) having committed a person to custody, fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within twenty‑four hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged.

shall, on conviction by Court martial, be punished with rigorous imprison­ment for a term which may extend to two years or with such less punish­ment as is in this Act mentioned.


52. Unbecoming behaviour. Any officer, junior commissioned officer or warrant officer, who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by Court martial, be liable to be dismissed from the service or to suffer such less punishment as is in this Act mentioned.

53. Striking or ill‑treating person subject to the Act. Any person subject to this Act who strikes or ill‑treats any person subject to this Act being his subordinate in rank or position shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

54. Unlawful detention of pay. Any officer, junior commissioned officer, warrant officer or non‑commissioned officer who, having received the pay of a person subject to this Act, unlawfully detains or refuses to pay the same, when due, shall, on conviction by Court martial, be liable to be punished with rigorous imprisonment for a term which may extend to seven years, or with such less punishment as is in this Act mentioned.

55. Violation of good order and discipline. Any person subject to this Act who is guilty of any act, conduct, disorder or neglect to the prejudice of good order any of military discipline shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

56. Offences relating to aircraft. Any person subject to this Act who,

(a) voluntarily or negligently damages,. destroys or loses any service aircraft or aircraft material ; or

(b) is guilty of any act or omission likely to cause such damage, destruction or loss ; or

(c) without due authority disposes of any service aircraft or aircraft material ; or


(d) is guilty of any act or omission in flying or in the use of any aircraft, or in relation to any aircraft, or aircraft material which causes or is likely to cause loss of life or bodily injury to any person ; or

(e) during a state of war, voluntarily and without proper occasion or negligently causes sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any service aircraft ;

shall, on conviction by Court martial, be punished,

if he has acted voluntarily, with rigorous imprisonment for a term which may extend to fourteen years or with such less punishment as is in this Act mentioned; and

if he has not acted voluntarily, with rigorous imprisonment for a term which may extend to five years or with such less punishment as in this Act mentioned.

1[Explanation.In this section, “aircraft” includes aeroplanes, balloons, kite balloons, airships, gliders or other machines for flying and “aircraft material” includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and components and accessories of aircraft, and petrol or any other substance used for providing motive power for aircraft, and lubricating oil.]

57. Attempt. Any person subject to this Act who attempts to commit any offence before in this Act specified and in such attempt does any act towards the commission of the offence shall, on conviction by Court martial, where no express provision is made by this Act for the punishment of such attempt, be punished,

1 Explanation added by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 7.


if the offence attempted to be committed is punishable with death, with rigorous imprisonment for a term which may extend to fourteen years or with such less punishment as is in this Act mentioned, and

if the offence attempted to be committed is punishable with rigorous imprisonment, with rigorous imprisonment for a term which may extend to one half of the longest term provided for that offence, or with such less punishment as is in this Act mentioned.

58. Abetment. Any person subject to this Act who abets the commis­sion of any offence before in this Act specified, or of any offence punishable under 1* * * the Pakistan Air Force Act, 1953 (VI of 1953), or the 2[Pakistan Navy Ordinance,1961 (XXXV of 1961)], such offence being of the same nature as an offence before in this Act specified, shall, on conviction by Court martial be punished with the punishment provided for such offence in this Act (XIV of 1932) 1* * * 3[or the Pakistan Air Force Act, 1953 (VI of 1953),] or in the 2[Pakistan Navy Ordinance, 1961 (XXXV of 1961)], as the case may be, or with such less punishment as in this Act mentioned.

59. Civil offences.(1) Subject to the provisions of subsection (2), any person subject to this Act who at any place in or beyond Pakistan commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be 4[dealt with under this Act],

1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and 2nd Sch.

2 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), ss. 5 and 6, for “Pakistan Navy (Discipline) Act, 1934”.

3 Ins. by the Central Laws (Statute Reform) Ordinance 1960 (21 of 1960), s. 3, and 2nd Sch., (with effect from 14th October, 1955).

4 Subs. by Ordinance, 1965 (40 of 1965), s. 6, for “tried by court material”.


and, on conviction, to be punished as follows, that is to say,

(a) if the offence is one which would be punishable under any law in force in Pakistan with death or with 1[imprisonment for life], he shall be liable to suffer any punishment 2* * * assigned for the offence by the aforesaid law or such less punishment as is in this Act mentioned; and

(b) in any other case, he shall be liable to suffer any punishment 2* * * assigned for the offence by the law in force in Pakistan, or 1* rigorous imprisonment for a term which may extend to five years or 1* such less punishment as is in this Act mentioned [:]2

2[Provided that, where the offence of which any such person is found guilty is an offence liable to hadd under any Islamic law, the sentence awarded to him shall be that provided for the offence in that law.

(2) A person subject to this Act who commits an offence of murder against a person not subject to this Act 3* * * 4[or the Pakistan Air Force Act, 1953 (VI of 1953)], or to the 5[Pakistan Navy Ordinance, 1961 (XXXV of 1961)], or of culpable homicide not amounting to murder against such a person or of 2[Zina or Zina-bil-Jabr] in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be 6[dealt with under this Act] unless he commits any of the said offences,

(a) while on active service, or

(b) at any place outside Pakistan, or

1 Subs. and omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 11.

2 Omitted, subs. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 5.

3 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and 2nd Sch.

4 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch. (with effect from the 14th the October, 1955).

5Subs. by the Pakistan Army (Amdt.) Ordinance 1965 (40 of 1965), ss. 5 and 6, for “Pakistan Navy (Discipline) Act, 1934”.

6 Subs. ibid., s.6, for “tried by Court martial”.


(c) at a frontier post specified by the Central Government by notification in this behalf.

(3) The powers of a Court martial 2[or an officer exercising authority under section 23] to charge and punish any person under this section shall not be affected by reason of the fact that the civil offence with which such person is charged is also an offence against this Act.

3[(4) Notwithstanding anything contained in this Act or in any other law for the time being in force a person who becomes subject to this Act by reason of his being accused of an offence mentioned in clause (d) of sub-section (1) of section 2 shall be liable to be tried or otherwise dealt with under this Act for such offence as if the offence were an offence against this Act and were committed at a time when such person was subject to this Act ; and the provisions of this section shall have effect accordingly].

CHAPTER VI.PUNISHMENTS

60. Punishments. Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Courts martial according to the scale following, that is to say,

4[(a) stoning to death ;

(aa) death ;

(aaa) amputation of hand, foot or both ;]

5[(b) Imprisonment for life ;]

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.

2Ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 6.

3 Added by the Defence Services Laws (Second Amendment) Ordinance, 1967 (4 of 1967), s. 2.

4 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984) s. 6.

5Subs. by the Pakistan Army (Amdt.) Act, 1976, (51 of 1976), s. 12.


(c) 1* imprisonment for any term not exceeding 1[Twenty-five] years ;

1[(cc) whipping not exceeding one hundred strips ;] ;

(d) dismissal from the service;

(e) in the case of persons other than officers, junior commissioned officers, or warrant officers detention for a period not exceeding six months;

(f ) in the case of warrant officers, reduction in grade or class ; and in the case of non‑commissioned officers, reduction to the ranks or to a lower rank;

(g) in the case of officers, junior commissioned officers, warrant officers and non‑commissioned officers, forfeiture of seniority of rank; or, in the case of any of the aforesaid whose promotion depends upon length of service, forfeiture of all or any part of the service for the purposes of promotion;

(h) forfeiture of service for the purposes of increased pay, or any other prescribed purpose;

(i) in the case of officers, junior commissioned officers, warrant officers and non‑commissioned officers, severe reprimand or reprimand ;

(j) forfeiture, fines and stoppages as follows, namely:

(i) in the case of a person sentenced to dismissal from the service, forfeiture of all arrears of pay and allowances and other public money due to him at the time of such dismissal;

1 Subs. Omitted and Ins. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 6.


(ii) fine;

1[(iii) stoppages of pay and allowances to make good the whole or any part of the proved loss or damage occasioned by the offence of which he is convicted ;]

(iv) for an offence committed on active service, forfeiture of pay and allowances for a period commencing on the day of the sentence and not exceeding three months [;]1

1[(k) any other punishment provided for in any Islamic law ;] 2[and any other law for the time being in force]

Provided that,

1[(1) a person shall not be sentenced to imprisonment for life except in respect of an offence of which he is convicted under section 24 or sectin 31 or sub-section (1) of section 36 or section 59 ; nor shall a person be fined except in respect of an offence of which he is convicted under section 40 or section 42 or section 55 or section 59; ]

(2) Where in respect of an offence under this Act there is specified a particular punishment or such less punishment as is in this Act mentioned, there may be awarded in respect of that offence instead of such particular punishment, but subject to the other provisions of this Act and regard being had to the nature and degree of the offence, any one punishment lower in the scale than the particular punishment, 1[except an offence liable to hadd under any Islamic law, for which the punishment provided for in that law shall be awarded ;]

1 Sub. Ins. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 6.

2Added by Act II of 2015,s.3.


(3) an offender under this Act shall not be subject to detention for more than six months whether under one or more sentences 1[ ; and]

1[(4) a person shall not be sentenced to stoning to death, amputation of hand, foot or both, whipping or simple imprisonment except in respect of an offence of which he is convicted under an Islamic law.

Explanation.While computing a sentence under an Islamic law, “imprisonment for life” shall have the same meaning as in such law.].

61. Field punishment. (1) Where any person subject to this Act, being below the rank of warrant officer, commits any offence on active service, it shall be lawful for a Court martial to award for that offence any such punishment, other than flogging, as may be prescribed as a field punishment. Field punishment shall be of the character of personal res­traint or of hard labour but shall not be of a nature to cause injury to life or limb.

(2) Field punishment shall, for the purpose of commutation, be deemed to stand next below detention.

62. Special provisions regarding sentences.(1) Where an officer, junior commissioned officer or warrant officer is sentenced to 2[stoning to death,] death,3[Imprisonment for life] or 2* imprisonment, the court shall, by its sentence, sentence such officer, junior commissioned officer, or warrant officer to be dismissed from the service.

1 Subs. ins added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984, s. 6.

2 Ins. and omitted ibid, s. 7.

3 Subs. by Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 13.


(2) A person subject to this Act, being below the rank of warrant officer who is sentenced to 1[Imprisonment for life] 2[or to imprisonment to be undergone otherwise than in military custody] may, in addition thereto, be sentenced to be dismissed from the service.

(3) An officer, junior commissioned officer, warrant officer or non­commissioned officer, when sentenced to forfeiture of seniority of rank or service for the purposes of promotion or to forfeiture of service for the purposes of increased pay, or any other prescribed purposes, may, in addition thereto be sentenced by Court martial to be severely reprimanded or reprimanded.

(4) In addition to, or without any other punishment, in respect of any offence, an offender may be sentenced by Court martial to any forfeiture, fine or stoppages authorised by this Act.

(5) A non‑commissioned officer sentenced by Court martial to 3[ amputation of hand or foot or both,] 1[Imprisonment for life], 4* imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks.

5[(6) A person subject to this Act who is sentenced to amputation of hand or foot or both or whipping, may, in addition thereto, be sentenced to be dismissed from the service.]

63. Retention in the ranks of person convicted on active service. When, on active service, any person enrolled under this Act has been sentenced by Court martial to dismissal from the service or to 1[imprisonment for life] or 4* imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and where such person has been sentenced to 1[Imprisonment for life] or 4* imprisonment, such service shall be reckoned as part of his term or 1[Imprisonment for life] or 4* imprisonment.

1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 13.

2 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 7.

3 Ins. ibid.

4 Omitted ibid.

5 Added. Ibid., s. 8.


CHAPTER VII.PENAL DEDUCTIONS

64. Authorised deductions only to be made from pay. The pay 1[and allowances] of an officer, junior commissioned officer, warrant officer, or of any person enrolled under this Act shall be paid without any deductions other than deductions authorised by or under this Act or any other law for the time being in force.

65. Deductions from pay and allowances.(1) The following penal deductions may be made from the 2[pay and allowances of an officer], that is to say,

(a) all pay and allowances for every day he absents himself without leave, unless a satisfactory explanation has been given to his comman­ding officer or other superior officer and has been accepted by the 3[Federal Government] ;

(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a Criminal Court or a Court martial or by an officer exercising authority under section 23 ;

(c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;

(d) all pay and allowances ordered by a Court martial or by an officer exercising authority under section 23 to be forfeited or stopped ;

(e) any sum required to pay a fine awarded by a Criminal Court or a Court martial exercising jurisdiction under section 59 ;

(f) any sum required to make good any loss, damage or destruction of any public or

1 Ins. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 8.

2 Subs. ibid., s. 9, for “pay of an officer”.

3 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.


service property which, after due investigation, appears to the 1[Federal Government] to have been occasioned by any wrongful act or negligence on the part of the officer ;

(g) all pay and allowances forfeited by order of the 1[Federal Govern­ment] if the officer is found by a Court of inquiry constituted in the behalf by the 2[Chief of the Army staff] to have deserted to the enemy, or while in enemy hands, to have served with or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy to have failed to rejoin his service when it was possible to do so ;

(h) any sum which a criminal court or the 1[Federal Government] orders him to pay for the maintenance of his wife or his child, legitimate or illegitimate.

(2) The following penal deductions may be made from the pay and allowances of a person subject to this Act other than an officer, that is to say,

(a) all pay and allowances for every day of absence without leave or as a prisoner of war, aNd for every day of 3* imprisonment or detention awarded by a Criminal Court, a Court martial, or an officer exercising authority under section 23 or of field punishment awarded by Court martial, or such officer ;

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3., for “Central Government”.

2 Subs. by F.A.O., 1975 Art. 2 and Sch., for “Commander-in-chief”.

3 Omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 15.


(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment, detention or field punishment by an officer exercising authority under section 23 ;

(c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him ;

(d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the 1[Federal Government] or of the prescribed officer ;

(e) all pay and allowances ordered by a Court martial or by an officer exercising authority under section 23 to be forfeited or stopped ;

(f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the bands of, the enemy ;

(g) any sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the 1[Federal Government] or to any building or property as may be awarded by his commanding officer ;

1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.


(h) any sum required to pay a fine awarded by a Criminal Court, a Court martial exercising jurisdiction under section 59 or an officer exercising authority under section 23 ;

(i) any sum which a Criminal Court, the 1[Federal Government] or any prescribed officer orders him to pay for the maintenance of his wife or his child, legitimate or illegitimate:

Provided that the total deductions from the pay and allowances of a person under clauses (e), (g), (h) or (i) shall not, except where he is sentenced to dismissal, exceed in any one month one half of his pay and allowances for that month.

Explanation.For the purposes of clauses (a) and (b) :

(i) no person shall be treated as absent or in custody unless the absence or custody has lasted for six hours or upwards (except where the absence or custody prevents the absentee from fulfilling any military duty which is thereby thrown on some other person) ;

(ii) absence or custody for six consecutive hours or upwards, whether wholly in one day or partly in one day and partly in another may be reckoned as absence or custody for a day ;

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By |2016-07-23T06:25:23+05:00July 23rd, 2016|Laws|Comments Off on PAKISTAN ARMY ACT, 1952