OFFENCES IN RESPECT OF BANKS (SPECIAL COURTS) ORDINANCE, 1984
Short title, extent and Commencement.
Establishment of Special Courts.
Scheduled offence to be tried by
Procedure of a
Transfer of property void.
Accused not to depart from
Burden of proof.
Appeals from sentences passed by
Ordinance to override other laws.
OFFENCES IN RESPECT OF BANKS (SPECIAL COURTS)
ORDINANCE NO. IX OF 1984
23rd February, 1984
An Ordinance to provide for speedy trial of certain offences committed in respect of banks and for matters connected
therewith or incidental thereto;
WHEREAS it is expedient to provide for speedy trail of certain offences committed in respect of banks and for matters connected therewith or incidental thereto;
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, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
1. Short tittle, extend and commencement.- (1) This Ordinance may be called the Offences in Respect of Banks (Special Courts) Ordinance, 1984.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions .- In this Ordinance, unless there is anything repugnant in the subject or context,
(a) “bank” has the same meaning as in the Banks (Nationalization) Act, 1974, and includes.
(i) a scheduled bank as defined in the State Bank of Pakistan Act, 1956;
(ii) the Pakistan Industrial Credit and Investment Corporation, the Investment Corporation of Pakistan the National Development Finance Corporation, the Bankers Equity Limited and the National Investment Trust;
(iii) a Government Savings Bank to which the Government Savings Banks Act, 1873, applies; and
(iv) such other company, institution or body as the Federal Government may, by notification in the official Gazette, declare to be a bank for the purposes of this Ordinance;
(b) “Code “means the Code of Criminal Procedure, 1898;
(c) “relative” in relation to a person, means
(i) spouse of the person;
(ii) brother or sister of the person;
(iii) brother or sister of the spouse of the person;
(iv) any lineal ascendant or descendant of the person;
(v) any lineal ascendant or descendant of the spouse of the person;
(vi) spouse of person referred to in sub-clause (ii), (iii), (iv) or (v); or
(vii) any lineal ascendant of a person referred to in sub-clause (ii) or (iii) ;
(d) “scheduled offence” means an offence specified in the First Schedule and alleged to have been committed in respect, or in connection with the business, of a bank; and
3. Establishment of Special Courts.– The Federal Government may, by notification in the Official Gazette, establish as many Special Courts as it considers necessary to try scheduled offences and appoint a Judge for each of such Courts, and where it establishes more Special Courts than one, it shall specify in the notification the territorial limits within which each of the Special Courts shall exercise jurisdiction under this Ordinance.
4. Scheduled offence to be tried by Special Court.- (1) Notwithstanding anything contained in the Code, the scheduled offences shall be tribal exclusively by a specify Court.
(2) The Federal Government may, from time to time, by notification in the official Gazette, include in the First Schedule such other offences as it deems necessary or expedient.
(3) All cases relating to a scheduled offence pending in any court other than a
(4) Whenever an offence is included in the First Schedule under sub-section (2), all cases relating to that offence pending in any court other than a
(5) In respect of cases transferred to a Special court by virtue of sub-section (3) or sub-section (4), the Special Court shall not, by reason of the said transfer, be bound to recall and rehear any witness who has given evidence in the case before transfer and may act on the evidence already recorded by or produced before the court which tried the case before the transfer.
(6) If, in the course of a trial before a Special Court, the court is of opinion that any of the offences which the accused is alleged to have committed is not a scheduled offence, the Court shall record such opinion and try the accused only for such offence If any, as is a scheduled offence.
(7) In cases transferred to a
5. Procedure of a
(a) such absence is deliberate and brought about with a view to impeding the course of Justice, or
(b) the behaviour of the accused in court has been such as to impede the course of justice and the
(5) An accused person who is tried in his absence under sub-section (4) shall be deemed not to have admitted commission of the offence stated to have been committed by him.
(6) An accused person shall not be released on bail by a Special courts, or by any other court, if there appear reasonable grounds for believing that he has been guilty of a scheduled offence; nor shall an accused person be so released unless the prosecution has been given notice to show cause why he should not be so released.
(7) Where an accused person is released on bail, the amount of bail shall be fixed having regard to the gravity of the charge against such person and, where the charge specifies any amount in respect of which the offence is alleged to have been committed, shall not be less than the said amount.
6. Powers of Special Court.-(1) Subject to sub-section (2) and sub-section (3), a Special Court may pass any sentence authorised by law and shall have all the powers conferred by the Code in a Court of session exercising original jurisdiction.
(2) For the purposes of this Ordinance, the provisions of the Pakistan Penal Code, specified in the Second Schedule shall have effect subject to the modifications specified therein.
(3) Where a Special Court passes a sentence of fine, whether in addition to any other punishment or not, the amount of such fine shall be fixed by it having regard to the gravity of the offence for which the accused person is convicted and, where the Special Court finds the offence to have been committed in respect of a specified amount, shall not be less than twice the said amount.
(4) Where a
7. Transfer of property void.- (1) After a Special Court has taken cognizance of a scheduled offence alleged to have been committed by an accused person, such person or any relative of such person or other person on his behalf shall not, without the previous permission in writing of the Special Court, transfer, or create a charge on, any movable or
immovable property owned by him or in his possession, while proceedings are pending before the
(2) Any person who transfers, or creates a charge on, any property in contravention of sub-section (1) shall be punishable with rigorous imprisonment for a term which may extend to three years and shall also be liable to fine.
8. Accused not to depart from
(a) such person shall not, without the permission of the
(b) no person shall, until the case has been finally decided by the
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with rigorous imprisonment for a term which may extend to three years, and shall also be liable to fine.
9. Burden of proof.- (1) any trial under this Ordinance, the fact that the accused person, or any of his relatives or any other person on his behalf, is sin possession, for which the accused person cannot satisfactorily account, of pecuniary esources or property disproportionate to his known sources of income may be proved and on such proof the Special Court shall presume, unless the contrary is proved, that the accused person is guilty of a scheduled offence; and his conviction therefor shall not be invalid by reason only that it is based solely on such presumption.
10. Appeals from sentences passed by Special Court, etc. (1)A person sentenced by a Special Court shall have a right of appeal to the High Court within whose jurisdiction the sentence has been passed, but save as aforesaid and notwithstanding the provisions of the Code or of any other law for the time being in force or of anything having the force of
law by whatsoever authority made or done, no court shall have authority to revise such sentence, or to transfer any case from a
(2) An appeal under sub-section (1) shall be preferred to the High Court within thirty days of the passing of the sentence and shall be heard and decided by a Bench of not less than two Judges of the High Court.
(3) Chapter XXIX of the Code shall apply to the Suspension, remission and commutation of Sentences passed by a
11. Indemnity.- (1) No suit, prosecution or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Ordinance.
12. Ordinance to override other laws .- The provisions of this Ordinance shall have effect notwithstanding anything contained in the Code or in any other law for the time being in force.
[See section 2 (d)]
(a) Any offence punishable under any of the following sections of the
Sections 201, 204, 217, 218, 380], 403, 406, 408, 409, 419, 420, 467, 468, 471, 472, 473, 475 and 477A;
(aa) Any offence punishable under section 27 of the Regional Development Finance Corporation Ordinance, 1985 (XXXII of 1985)
(b) Any offence punishable under this Ordinance;
Offence punishable under section 5 of the prevention of Corruption Act, 1947 (II of 1947); and
(c) Any attempt or conspiracy to commit, or any abetment of, any of the aforesaid offences.
[See section 6 (2)]