Law: Criminal Procedure Code, 1898

Section: 402-C & 197

Criminal Procedure Code (V of 1898)--------Ss.402-C & 197---Pakistan Criminal Law Amendment Act (XL of 1958), S.6(5)---Constitution of Pakistan (1973), Art.188---Review of --Deadline for amending S.402-C, Cr.P.C.---Federal Shariat Court declared the provisions of S.197 Cr.P.C. and S.6 (5) of Pakistan Criminal Law Amendment Act, 1958, as repugnant to Injunctions of. Islam---Judgment passed by Federal Shariat Court was maintained by Shariat Appellate Bench of Supreme Court---Review of the passed by Shariat Appellate Bench of Supreme Court was sought on the ground that the provisions of S.402-C, Cr.P.C. had no been examined---. Validity---Counsel for petitioner / Federation of Pakistan conceded that S.402-C, Cr.P.C. had no nexus with the provisions of S.197 Cr.P.C. and S.6(5) of Pakistan Criminal Law Amendment Act, 1958---In order to bring the provisions of Chapter XVI, P.P.C., dealing with the offences of the human body, in conformity with the Injunctions of Islam, amendment was brought in Penal Code, 1860, vide Criminal Law (Second Amendment) Ordinance, 1990, whereby Ss.299 to 338-H, P.P.C. were substituted---Corresponding amendment was made in S.345 Cr.P.C. whereby offences mentioned in Chapter XVI, P.P.C. were made compoundable with the consent of the victim or as the case may be, of the legal heirs of .victim---In Criminal Procedure Code, 1898, S.402-C was added in Chapter XXIX, after.S.402-B, Cr.P.C. vide Criminal Law (Fourth Amendment) Ordinance, 1991, so as to bring it in conformity with the Injunctions of Islam as laid down by the Holy Qur'an and Sunnah; it was vide the added provision of law that the composition, suspension, remittance and commutation of sentences passed under any of .the sections in Chapter XVI of Penal Code, 1860, would not be done without the consent of the victim or as the case might be of his heirs--�Contentions of the petitioner were neither convincing nor in consonance with the provisions of law, as such, were misconceived---Supreme Court gave a deadline of 31st March, 2005, to Federal Government for making necessary amendments up to such date, failing which the provisions of law would cease' to have effect---Review petition…