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EXECUTION OF THE PUNISHMENT OF WHIPPING ORDINANCE, 1979.

Ordinance No. IX of 1979

9th February, 1979

An Ordinance to make provision relating to the execution of (he punishment of whipping.

whereas it is expedient to make provision relating to the execution of the punishment of whipping ;

and whereas the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in

Force) Order, 1977 (C.M.L.A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :—

l.— Short title, extent, application and commencement. (l) This Ordinance may be called the Execution of the Punishment of Whipping Ordinance, 1979.

(2) It extends to the whole of Pakistan,

(3) It applies to the execution of the punishment of whipping imposed under an. law for the time being in force.

(4) It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is , the tenth day of February, 1979.

2. Definitions.  In this Ordinance, unless there is anything repugnant in the subject or context,” authorised medical officer” means a medical officer, howsoever designated, authorised by Government.

3. Ordinance to override other laws. The provisions of this Ordinance shall have effect notwith­standing anything contained in any other law for the time being in force.

4. Specifications of whip. The whip, excluding its handle, shall be of one single piece only and preferably be made of leather, or a cane or a branch of a tree, having no knob or joint on it, and it» length and thickness shall not exceed 1.22 meters and 1.25 cm, respectively.

5. The conditions and mode of execution of punishment of whipping. The following provisions shall apply to the execution of the punishment of whipping, namely :—

(a) before the execution of the punishment commences, the convict shall be medically examined by the authorised medical officer so as to ensure that the execution of the punishment will not cause the death of the convict;

(b) if the convict is too old or too weak, having regard to the sentence of whipping awarded the number of stripes shall be applied in such manner and with such intervals that the execution of the punishment does not cause his death ;

(c) if the convict is ill, the execution of the punishment shall be postponed until the convict is certified by the authorised medical officer to be physically fit to undergo the punishment ;

(d) if the convict is a woman who is pregnant, the execution of the punishment shall be postponed until the expira­tion of a period of two months after the birth of the child or miscarriage, as the case may be ;

(e) if, at the time of the execution of the punishment, the weather is too cold or too hot, the execution shall be postponed until the weather has become normal ;

(f) the punishment shall be executed in the presence of the authorised medical officer at such public place as the Court may direct or the Provincial Government may appoint for the purpose ;

(g) the person appointed to execute the punishment shall be impartial and of mature understanding ;

(h) he shall apply the whip with moderate force without raising his hand above his head so as not to lacerate the skin of the convict ;

(i) after be has applied a stripe, he shall raise the whip aloft and shall not pull it off ;

(j) the stripes shall be spread over the body of the convict, so, however, that the stripes shall not be applied on the head, face, stomach or chest or the delicate parts of the body of the convict ;

(k) such clothes of the convict shall be left on the body of the convict as are required by the Injunctions of Islam to be put on ;

(1) the stripes shall be applied, in the case of a male, while he is standing and, in the case of a female, while she is sitting ; and

(m) if, after the execution of the punishment has commen­ced, the authorised medical officer is of the opinion that there is apprehension of the death of the convict, the execution of the punishment shall be postponed until the authorised medical officer certifies him physi­cally fit to undergo the remainder of the punishment.

6.— Custody of convict pending execution of punishment, etc.  (1) In the case of a convict to whom only the punishment of whipping has been awarded, he shall, until the execution of the punishment is completed, be dealt with as if sentenced to simple  imprisonment.

(2) If, in the opinion of the authorised medical officer, a convict cannot, because of old age, ill health or for any other reason, undergo the whole or any part of the punishment of whipp­ing, the case shall be referred to the Court which may order the execution of the punishment in such manner as it may deem fit.

7. Power to make rules. The Provincial Government may, by notification in the official Gazette, make rules for the purposes of carrying into effect the provisions of this Ordinance.

 

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