PAKISTAN CRIMINAL LAW AMENDMENT ACT 1958, IS A SPECIAL LAW WHICH PROVIDES FOR CREATION OF SPECIAL JUDGES BOTH BY FEDERAL GOVERNMENT AS WELL AS PROVINCIAL GOVERNMENT WHO ARE EMPOWERED TO TAKE COGNIZANCE OF AND TRY OFFENCES COMMITTED BY PUBLIC SERVANTS.
The appropriate government shall by notification in the official gazette, appoint as many special judges as may be necessary to try and punish offences specified in the schedule. Appropriate government shall by notification in the official gazette, appoint as many special judges as may be necessary to try and punish offences specified in the schedule.
No person shall be appointed a special judge unless he is or is qualified to be a judge of a high court. Or
has for a period of not less than three years, exercised whether continuously or not the powers under the code of criminal procedure 1898, of a sessions judge, an additional sessions judge or an assistant sessions judge or a District Magistrate or an Additional Magistrate.
A special judge shall have jurisdiction within such territorial limits as may be fixed by the appropriate government by notification in the official gazette and may take cognizance of any offence committed or deemed to have been committed within such limits and triable under this act upon receiving a complaint of facts which constitute such offence or upon a report in writing or such facts made by any police officer.
Where two or more special judges have jurisdiction, wholly or partly in the same territorial limits the appropriate government shall by notification in the official gazette declare one of them to be the senior special judge for that area.
An offence shall be tried by the special judge within the territorial limits of whose jurisdiction it was committed or deemed to been committed or where there are more special judges than one having jurisdiction within the same territorial limits, by such one of them as may be specified in this behalf by the senior special judge.
Provided that the senior special judge may by order in writing transfer at any stage of the trial any case from the court of one special judge to the court of another special judge having jurisdiction within the same territorial limits.
When offence triable under this act is committed outside Pakistan, it shall for the purposes of this act be deemed to have been committed within the territorial limits of the jurisdiction of the special judge in which the person committing the offence is found.
OFFENCES TO BE TRIED BY SPECIAL JUDGES.
Notwithstanding anything contained in the code of criminal procedure, 1898 or in any other law the offences specified in the schedule shall be triable exclusively by a special judge,
the appropriate government may from time to time by notification in the official gazette, include in the schedule such other offences as it deems necessary or expedient.
All cases relating to the offences specified in the schedule and pending in any court other than the court of a special judge immediately before the commencement of the criminal law (amendment) act 1953, or this act shall on such commencement stand transferred to the court of the special judge having jurisdiction over such cases.
Whenever an offence is included in the schedule by a notification of the appropriate government made under sub-section 1 all cases relating to that offence pending in any court other than the court of a special judge immediately before such notification shall stand transferred to the court of the special judge having jurisdiction over such cases.
In respect of cases transferred to special judge under the proviso to subsection 2 of section 4 or by virtue of subsection 3 or subsection 4 of this section such judge 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.
For the purpose of trial before a special judge, the provisions of chapter XVIII of the code criminal procedure 1898, shall not be applicable but a special judge may in any case where it deems it necessary, order an investigation by any police officer in whose jurisdiction the offence was wholly or partly committed.
When trying an offence under this act a special judge may also charge with and try other offences not so triable with which the accused may under the provisions of the code of criminal procedure, 1898 relating to the join-der of charges, be charged at the same trial.
PROCEDURE IN TRIAL OF CASES AND POWERS OF SPECIAL JUDGES.
The provisions of the code of criminal procedure, 1898 except those of chapter XXX VIII of that code, shall insofar as they are not inconsistent with this act, apply to the proceedings of the court of a special judge and for the purposes of the said provision, the court of a special judge shall be deemed to be a court of session trying cases without the aid of assessors or jury, and a person conducting prosecution before the court of a special judge shall be deemed to be a Public Prosecutor.
Notwithstanding anything contained in the code of criminal procedure 1898, in the case of any offence punishable under section 161, 162, 163, 164, 165 and 165-A, 477-A of the Pakistan penal code. Or under a district Magistrate or sub-division magistrate or a magistrate of the first class, and at any stage of trial the special judge, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in o privy to the offence, may for reasons to be recorded in writing tender pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence-and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall for the purpose of section 339 and 339-A of the code criminal procedure 1898, be deemed to have been tendered under section 337 or as the case may be under section 338 of the code.
Provided that in every case where a person has accepted a pardon deemed to have been tendered under section 337, the magistrate shall without making any further enquiry send the case for trial to the court of the special judge having jurisdiction over such case.
The provisions of chapter XX of the code of criminal procedure, 1898 shall apply to trial of cases under this act insofar as they are not inconsistent with the provisions of this act.
Notwithstanding anything contained in the code of criminal procedure 1898 or in any other law, previous sanction of the appropriate government shall be required for the prosecution of a public servant of an offence under this act and such sanction shall be sufficient for the prosecution of a public servant for an offence triable under this act.
Provided that in cases where the complaint or report referred to in sub-section 1 of section 4 is not accompanied by such sanction the special judge shall immediately on receipt of the complaint or report by the letter address the appropriate government in the matter, and if the required sanction is neither received nor refused within sixty days of the receipt of the letter by the appropriate government, such sanction shall be deemed to have been duly accorded.
Provided that no such sanction shall be required in respect of a case transferred under the proviso to subsection 2 of section 4 or by virtue of sub-section 3 or 4, 5 if such sanction in respect thereof has been duly accorded or deemed to have been so accorded before the case is so transferred.
SPECIAL RULES OF EVIDENCE.
When any person is charged before a special judge with an offence triable under this act, the fact that such person or any other person through him or on his behalf, is in possession, for which he cannot satisfactorily account, of pecuniary resources, or property disproportionate to his known sources of income or that such person has on or about the time of offence with which he is charged, obtained an accretion resources or property for which he cannot satisfactorily account, may be proved, and may be taken into consideration by the special judge as relevant fact in deciding whether he is guilty of the particular offence with which he is charged.
Where in any trial before a special judge of an offence punishable under section 161 to165 of Pakistan penal code, it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing, or any pecuniary advantage from a person or the agent of a person, for any favour shown or promised to be shown by the accused or obtained or agreed to accept or attempted to obtain, that gratification or that valuable thing or pecuniary advantage to himself or some other person as case may be as a motive or reward such as is mentioned in sections 161, 162, 163 of Pakistan penal code, or as the case may be without consideration, or for a consideration which he knows to be inadequate.
Where in any trial of an offence punishable under section 165-A, it is proved that any gratification or any valuable thing has been given or offered to be given or attempted to e given by an accused person, it shall be presumed unless the contrary is proved that he gave or offered to give or attempted to give the gratification or valuable thing as the case may be as a motive or reward such as is mentioned in section 161 of the said code as the case may be without consideration or for a consideration which he knew to be inadequate.
BAR ON TRIAL DE NOVO.
A special judge unless he other wise decides shall not be bound to recall or rehear any witness, whose evidence has already been recorded, or to re-open proceedings already held but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached.
PUNISHMENT OF OFFENCES.
Where any person charged before a special judge with an offence triable under this act is fund guilty of the offence the special judge shall notwithstanding anything contained in any other law, whether or not he imposes a sentence of imprisonment, impose a sentence of fine which shall not be less than the gain found to have been derived by the accused by the accused by the commission of the offence.
An appeal from the judgment of a special judge shall lie to the highest court having appellate jurisdiction in the territorial limits in which the offence is tried by the special judge and the same court shall also have powers of revision.
Notwithstanding anything contained in the second schedule to the code of criminal procedure 1898, or any other law for the time being in force, offences triable by a special judge under this act shall be deemed to be non-bailable.
Any offence triable under this act which is punishable with simple imprisonment shall be deemed to be punishable with imprisonment of either description.
Nothing in this act shall affect the jurisdiction exercised by or the procedure applicable to any court or other authority under any military, naval or air force law.
Anything done or action taken before the commencement of this act during may trial or proceedings before a special judge or otherwise under the aforesaid act shall be deemed to have been taken under this act as if this act were in force at the time such thing was done or action taken.
POWERS TO MAKE RULES.
The appropriate government may frames rules to carry out the purposes of this act .
In particular and without prejudice to the generality of the foregoing powers such rules may provide any of the following matters,
authorized of persons to exercise the power to sanction prosecution on behalf of the appropriate government in respect of various grads of public servants.
The emoluments of the special judges and their appointment.
Matters incidental to the above.