Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 17(4)

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Law: Pakistan Penal Code (PPC),1860

Section: 460 ,458 ,148,149,496,460

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

REMARKS A close examination of the history of the four Hudood Laws and their subsequent amendments reveals that when the Prohibition (Enforcement of Hudood) Order, 1979, and the Offences Against Property (Enforcement of Hudood) Ordinance, VI of 1979, were promulgated, Section 24 of the Ordinance and Article 27 of the Prohibition Order initially provided for trial of offences by ordinary criminal courts, with appeals to be heard by forums established under the Code of Criminal Procedure, 1898 (Cr.P.C.). Both provisions stated that, unless otherwise provided, the Cr.P.C. would apply mutatis mutandis to cases under the Ordinance and Order. In 1980, the Federal Shariat Court was established. Subsequently, through Presidential Order No. 5 of 1980, a second proviso was added to Article 27 of the Prohibition Order (P.O. No. 4 of 1979), and by Ordinance No. XIX of 1980, a similar second proviso was inserted into Section 24 of Ordinance VI of 1979. These amendments made certain offences—namely those…

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