Zardari approves extension of criminal law Third Amendment Act

May 15, 2013 Off By Web Desk

KARACHI: President Asif Ali Zardari on the advice of the Prime Minister has approved the extension of ‘criminal law Third Amendment Act, 2011’ to the Provincially Administered Tribal Areas PATA of Khyber Pakhtunkhwa Province.

Spokesperson to the President Senator Farhatullah Babar said that the President, in exercise of the powers conferred by clause 3 of article 247 of the constitution of Pakistan, has approved and signed the notification which provides that the Criminal Law Third Amendment Act, 2011 Act No. XXVI of 2011, as in force in the province of Khyber Pakhtunkhwa shall now
apply to the Provincially Administered Tribal Areas of the province of Khyber Pakhtunkhwa.

The summary received in the Presidency states that the Governor, Khyber Pakhtunkhwa has approved the proposal for extension of Criminal Law Third Amendment Act, 2011, to PATA of the Province and accordingly the Home and Tribal Affairs Department of the province, after being vet by the Law, Justice and Parliamentary Affairs division submitted the summary to the
Prime Minister through the Ministry of States and Frontier Regions for onward submission to the President for his approval.

The Spokesperson said that under article 247 of the constitution, no act of Parliament or Provincial Assembly shall apply to a provincially Administered Tribal Areas or any part thereof unless the Governor of province, in which the tribal area is situated, with the approval of the President, so directs.

According to the summary of the SAFRON Division , the Parliament has passed the Criminal Law Third Amendment Act, 2011, whereas Section 310A of Pakistan Penal Code, 1860Act XLV of 1860 and sections 498A, B & C of Code of Criminal Procedure, 1898Act V of 1898 have been amended.

Section 310A provides for punishment of up to 7 year imprisonment but not less than 3 years and a fine of five hundred thousand rupees for giving a female in marriage or otherwise in Badla-e-Sulh, Wanni or Swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability.

Sections 498A, B&C dealing with offences against women provides for prohibition of depriving women from inheriting property, prohibition of forced marriage and prohibition of marriage with the Holy Quran respectively.