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July 22, 2006 Saturday Jumadi-ul-Sani 25, 1427

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Legal reforms package ready



By Nasir Iqbal


ISLAMABAD, July 21: A legal reforms package for curtailing discretionary powers of police and bringing about an overall improvement in the situation by amending laws for speedy disposal of cases is ready and likely to be placed before the National Assembly in its next session.

Minister of State for Law Chaudhry Shahid Akram Bhindar told Dawn that a package suggesting amendments to the civil and criminal laws had been approved by the house committee and it was likely to be adopted by the National Assembly in the next session.

Amendments have been proposed to the Pakistan Penal Code 1860, the Code of Criminal Procedure 1898, the Offence of Zina (Enforcement of Hudood) Ordinance 1979, the Specific Relief Act 1877, the Powers of Attorney Act 1882, the Code of Civil Procedure 1908 and the Registration Act 1908.

The reforms also deal with checking dishonest investigation by police to provide relief to aggrieved people by introducing a section in the PPC for the purpose.

By amending Section 344-A of the PPC, illegal confinement by police officials has been made an offence punishable with imprisonment of up to seven years and fine.

Wide powers of police to arrest are being curtailed by amending Section 54 of the CrPC.

A police officer failing to register an FIR in a cognisable offence will be liable to prosecution under Article 155 of the Police Order 2002.

Courts are being empowered under Section 155 of the CrPC to direct investigation by police in non-cognisable cases on receipt of information.

In case a charge sheet is not submitted within the prescribed period, a court may order recording entry of negligence in the service record of the police officer concerned under Section 173 of the CrPC.

An amendment is being proposed for empowering the trial court to take action against delinquents under Section 195 of the CrPC. An amendment to Section 476 would empower the court for mandatory prosecution. This will help reduce court delays due to non-attendance of witnesses and non-production of documents in cases.

Under one of the proposed amendments, a condemned prisoner under Section 374 of the CrPC would not be shifted to death cell without confirmation of the sentence by a high court.

Offences under Sections 10(2), 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 are being amended to make them non-cognisable to protect women from abuse of power and harassment by police.

Punishment for theft is being enhanced from three years to five years imprisonment under Section 379. The punishment of theft, fraud and forgery is being enhanced by amending Sections 420 and 468 of the PPC.

Punishment of trespass by dispossessing any person from immovable property will be punishable by up to 10 years imprisonment to check land grabbing by amending Sections 441 and 447 of the PPC.






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