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THE ANTI-TERRORISM ACT, 1997

(XXVII OF 1997)
CONTENTS
1. Short title an !o""en!e"ent
2. #e$inition%
3. &''''''''''''''''(
4. Callin) in o$ ar"e $or!e% an !i*il ar"e $or!e% in ai o$ !i*il +o,er%
5. -%e o$ ar"e $or!e% an !i*il ar"e $or!e% to +re*ent terrori%"
6. Terrori%"
7. ./ni%h"ent $or a!t% o$ terrori%"
7A0 &'''''''''''''''(
710 &'''''''''''''''(
8. .rohi2ition o$ a!t% intene or li3el4 to %tir /+ %e!tarian hatre
9. ./ni%h"ent $or o$$en!e /ner %e!tion 5
10. .o,er to enter or %ear!h
11. .o,er to orer $or$eit/re
11-A0 Or)ani6ation% !on!erne in terrori%"
11-10 .re%!ri+tion
11-C0 Ri)ht o$ Re*ie,
11CC0 .ro%!ri+tion Re*ie, Co""ittee
11-#0 O2%er*ation Orer
11-E0 Mea%/re% to 2e ta3en a)ain%t a +ro%!ri2e or)ani6ation
11EE0 Se!/rit4 $or )oo 2eha*ior
11-EEE0 .o,er to arre%t an etain %/%+e!te +er%on%
11-EEEE0 .re*enti*e etention $or in7/ir4
11-F0 Me"2er%hi+, %/++ort an "eetin)% relatin) to a .ro%!ri2e Or)ani6ation
11-80 -ni$or"
11-H0 F/n rai%in)
11-I0 -%e an +o%%e%%ion
11-90 F/nin) Arran)e"ent%
11-:0 Mone4-la/nerin)
11-;0 #i%!lo%/re o$ In$or"ation
11-M0 Coo+eration ,ith .oli!e
11-N0 ./ni%h"ent /ner Se!tion% 11-H to 11-:
11-O0 Sei6/re an etention
11OO0A!!e%% to %er*i!e%, "one4 or other +ro+ert4
11-.0 A++li!ation 24 a/thori6e o$$i!er to a Co/rt
11-<0 For$eit/re
11-R0 A/thori6e o$$i!er "a4 a++l4 to Co/rt $or $or$eit/re0
11-S0 A++eal a)ain%t $or$eit/re orer /ner Se!tion 11-R0
11-T0 #e+o%it o$ Ca%h in a $/n
11--0 #e-+ro%!ri+tion
11-V0 #ire!tin) terrori%t a!ti*itie%
11-=0 .rintin), +/2li%hin), or i%%e"inatin) an4 "aterial to in!ite hatre or )i*in)
+ro>e!tion to an4 +er%on !on*i!te $or a terrori%t a!t or an4 +ro%!ri2e or)ani6ation
or an or)ani6ation +la!e /ner o2%er*ation or an4one !on!erne in terrori%"
11-X0 Re%+on%i2ilit4 $or !reatin) !i*il !o""otion
12. 9/ri%i!tion o$ ?7&Anti Terrori%" Co/rt(
13. E%ta2li%h"ent o$ (Anti Terrori%" Co/rt)
14. Co"+o%ition an a++oint"ent o$ +re%iin) o$$i!er% o$ Anti-terrori%" Co/rt%
15. .la!e o$ %ittin)
16. Oath 24 @A&Anti-Terrori%" Co/rt(
17. .o,er% o$ @B&Anti-Terrori%" Co/rt( ,ith re%+e!t to other o$$en!e%
18. ./2li! .ro%e!/tor%
19. .ro!e/re an .o,er% o$ @7&Anti Terrori%" Co/rt
19A0 Moe o$ "a3in) %ear!he% an arre%t
1910 .re-trial %!r/tin4
20. &'''''''''''''''(
21. .rote!tion o$ 9/)e%, 5@&'''''''''( Co/n%el ./2li! .ro%e!/tor, =itne%%e% an
.er%on% !on!erne ,ith Co/rt .ro!eein)%
C1-A0 Coron% $or Terrori%t In*e%ti)ation
C1-10 Terrori%t in*e%ti)ation
C1-C Trainin)
C1-#0 1ail
C1-E0 Re"an
C1EE .o,er to !all in$or"ation et!
C1-F0 Re"i%%ion%
C1-80 Trial o$ o$$en!e%
C1-H0 Conitional a"i%%i2ilit4 o$ Con$e%%ion
C1-I0 Ai an a2et"ent
C1-9 Har2o/rin)
C1-:0 O$$en!e% tria2le 24 ,a4 o$ %/""ar4 +ro!e/re
C1-; ./ni%h"ent $or an A2%!oner
C1-M0 9oint Trial
22. Manner an .la!e o$ E'e!/tion o$ Senten!e
23. .o,er to tran%$er !a%e% to re)/lar Co/rt%
24. &'''''''''''''''(0
25. A++eal
26. &''''''''''(
27. ./ni%h"ent $or e$e!ti*e in*e%ti)ation
C7A .re%/"+tion o$ +roo$ a)ain%t a!!/%e
C7AA0 ./ni%h"ent $or $al%e i"+li!ation
C710 Con*i!tion on the 2a%i% o$ ele!troni! or $oren%i! e*ien!e et!
28. Tran%$er o$ !a%e%
C5-A0 DDDDD
29. Trial 2e$ore 1CA&Anti-Terrori%" Co/rt( to ha*e +re!een!e
30. Moi$ie a++li!ation o$ !ertain +ro*i%ion% o$ the Coe
31. Finalit4 o$ >/)"ent
32. O*erriin) e$$e!t o$ A!t
33. #ele)ation
34. .o,er to a"en the 1C9&Fir%t, %e!on an Thir S!he/le(
35. .o,er to "a3e r/le%
36. Sa*in)%
37. Conte"+t o$ Co/rt
38. ./ni%h"ent $or terrori%t a!t !o""itte 2e$ore thi% 2e$ore thi% A!t
39. Ine"nit4
?9-A0 Re"o*al o$ i$$i!/ltie%
?9-10 Re+eal an %a*in)%
40. A"en"ent o$ the Cri"inal ;a, A"en"ent A!t, 19A5 (XIV o$ 19A5)
SCHE#-;ES
1. FIRST SCHE#-;E
2. SECON# SCHE#-;E
3. THIR# SCHE#-;E
4. FO-RTH SCHE#-;E
5. FIFTH SCHE#-;E
TEXT
THE ANTI-TERRORISM ACT, 1997
(XXVII OF 1997)
[20
th
August, 1997]
An
A!t
to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous
offences and for matters connected therewith and incidental thereto
=herea% it is expedient to provide for the prevention of terrorism, sectarian violence and
for speedy trial of heinous offences and for matters connected therewith and incidental thereto:
It is hereby enacted as follows:
10 Short title an !o""en!e"ent0E (1) This Act may be called the Anti-terrorism Act,
1!"
(#) It extends to the whole of $a%istan"
(&) It shall come into force at once"
C0 #e$inition%0E In this Act, unless there is anythin' repu'nant in the sub(ect or context)
(a) *Armed forces+ means the ,ilitary, -aval and Air .orces of $a%istan and the
/eserves of such .orces)
(b) *0ivil armed forces+ means .rontier 0onstabulary, .rontier 0orps, $a%istan 0oast
1uards, $a%istan /an'ers or any other civil armed force notified by the .ederal
1overnment as such
(c) *0ode+ means the 0ode of 0riminal $rocedure, 122 (Act 3 of 122 ))
1
4(d) *0hild+ means a person who at the time of the commission of the offence has not
attained the a'e of ei'hteen years)
(e) *court+ means an Anti-terrorism 0ourt established under section 1&:
(f) *explosives+ means any bomb, 'renade, dynamite, or explosive, substance capable
of causin' any in(ury to any person or dama'e to any property an includes any
explosive substances as defined in the 5xplosives Act, 1226(I3 of 1226))
(') *fire-arms+ means any or all types and 'au'es of hand'uns, rifles and shot'uns,
whether automatic, semi-automatic or bolt action, and shall include all other fire-
arms as defined in the Arms 7rdinance 189 (:"$" 7rdinance ;; of 189))
(h) *fine+ means a pecuniary amount to be determined by the 0ourt havin' re'ard to the
facts and circumstances of the cases)
#
4(ha) *free<+ means to prohibit the transfer, conversion, disposition or movement of any
money or other property)=
(i) *1overnment+ means the .ederal 1overnment or, as the case may be, the
$rovincial 1overnment)
(() *'rievous+, in relation to bodily in(ury means emasculation, mutilation, incapacitation
disfi'urement or serve harm or hurt: and in relation to property, means any severe
loss, dama'e or destruction)
(%) *>i'h 0ourt+ means the >i'h 0ourt havin' territorial (urisdiction in respect of the
area for which an Anti Terrorism court has been established)
(l) *hi(ac%in'+ means any unlawful sei<ure or exercise of control, or any attempt at
unlawful sei<ure or exercise of control, of an aircraft, by force, violence, threat or any
form of obstruction, directly or throu'h any other person, from within or outside the
aircraft)
(m) *hosta'e-ta%in'+ means the holdin' of a person captive with threats made to %ill or
harm that person if demands are not met"
1
?ubstituted for the 0lauses (d) to (h) by the 7rdinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
2
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
(n) *%idnappin' for ransom+ mean the action of conveyin' any person from any place,
without his consent, or by force compellin' or by any deceitful means inducin' him,
to 'o from any place, and unlawfully detainin' him any demandin' or attemptin' to
demand, money, pecuniary or other benefit from him or from another person, as a
condition of his release)
(o) *meetin'+ means a meetin' of two or more persons, whether in public or private)
&
4(oa) *money+ includes coins or notes in any currency, postal orders, money
orders, ban% credits, ban% accounts, letter of credit, travelers cheAues, ban%
cheAues, ban%ers draft, in any form, electronic, di'ital or otherwise and such
other %inds of monetary instruments or documents as the .ederal
1overnment may be order specify)=
(p) *7r'ani<ation+ means any 'roup, combination or body of persons
6
4BBB=
9
4(pa) *property+ means property of every description, whether corporeal or
incorporeal, movable or immovable, tan'ible or intan'ible and includes
shares, securities, bonds and deeds and instruments evidencin' title to, or an
interest in, property of any %ind and money) and=
8
4(A) *proscribed or'ani<ation+ means any or'ani<ation which is listed in the .irst
?chedule under section 11C)=
!
4(Aa) *proscribed person+ means any individual who is list in the .ourth ?chedule under
section 1155)=
(r) *$ublic servant+ shall have the same meanin' as in ?ection #1of the $a%istan $enal
0ode 128@, or law for the time bein' in force)
(s) *?chedule+ means a ?chedule to this Act)
(t) *?cheduled offence+ means an offence as set out in the Third ?chedule)
(u) *?ectarian+ means pertainin' to, devoted to, peculiar to, or one which promotes the
interest of a reli'ious sect, or sects, in a bi'oted or pre(udicial manner)
(v) *?ectarian hatred+ means hatred a'ainst a 'roup of persons defined by reference to
reli'ion, reli'ious sect, reli'ious persuasion, or reli'ious belief)
2
4(va) *sei<e+ means to ta%e custody or control of money or other property in order to
prohibit its transfer, conversion, disposition or movement)=
(w) *serious+ means dan'erous to life or property)
(x) *Terrorism+ or *act of terrorism+ act has the meanin' as assi'ned to it in ?ection 8)
(y) *Terrorist+ has the meanin' as assi'ned to it in ?ection 8(9)"
(<) *Terrorist investi'ation+ means an investi'ation of)
(i) the commission, preparation or insti'ation of acts or terrorism under this Act)
(ii) an act which appears to have been done for the purposes of terrorism)
(iii) the resources of a proscribed or'ani<ation)
(iv) the commission, preparation or insti'ation of an offence under the Act) or
(v) any other act for which investi'ation may be necessary for the purposes of
this Act"
(aa) *terrorist property+ means+"-
(a) ,oney or other property which is used or is li%ely to be used for the purposes
of terrorism (includin' any resources of

4an or'ani<ation concerned in


terrorism or a terrorist)=
1@
4and=
(b) $roceeds the commission of acts of terrorism
11
4:=
1#
4and includes assets of
any %ind, whether tan'ible or intan'ible moveable or immoveable, and le'al
3
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
4
7mitted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
5
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
6
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
7
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
8
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
9
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
10
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
11
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
12
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
documents or instruments in any form" :hether written, electronic or di'ital,
and shares, securities, bonds, drafts and letters of credit)=
(c)
1&
4BBB=
(bb) In sub-section (i) above"-
(a) a reference to proceeds of an act, includes reference to any property which
wholly or partly, and directly or indirectly, represents the proceeds of the act
(includin' payments of other rewards in connection with the commission))
4and=
(b) The reference to an or'ani<ationDs resources includes a reference to any
money or other property which is applied or made available, or is to be
applied or made available, for use by the or'ani<ation
16
4)= and
(c) a reference to money includes a reference to any cash which means any
coins, notes in any currency, postal orders, money orders, Can% 0redit,
Travelers 0heAues, Can% 0heAues, Can%ers Eraft and such other %inds of
monetary instruments as the .ederal 1overnment may by order specify) bb"
*weapon+ means any item which can be used to in(ure or cause bodily harm,
and includes any type of fire-arm, explosive, sword, da''er, %nuc%le-duster,
sten'un, bomb, 'renade, roc%et launcher, mortar or any chemical, biolo'ical
thin' which can be used for causin' in(ury, hurt, harm or destruction of
person or property, and includes *illicit arms+ as defined in the ?urrender Illicit
Arms Act" 11 (;;I of 11)) and
(cc)" all other terms and expressions used bit not defined in this Act, shall have the
meanin's as are assi'ned to them in the $a%istan $enal 0ode, 128@, or the
0ode of 0riminal $rocedure, 122"
1F
?0 4xxxxxxxxxxxxxxxx=
B0 Callin) in o$ ar"e $or!e% an !i*il ar"e $or!e% in ai o$ !i*il +o,er%0E (1) It shall
be lawful for the .ederal 1overnment to order, and sub(ect to sub-section (#) for the $rovincial
1overnment to secure, the presence of armed forces and civil armed forces in any area for the
prevention and punishment of terrorist acts and scheduled offences in accordance with the
provisions of this Act"
(#) If, in the opinion of the $rovincial 1overnment, the presence of armed forces, or civil
armed forces, is necessary in order to prevent the commission of terrorist acts or scheduled
offences in any area, it may reAuest the .ederal 1overnment to direct the presence or postin' of
units or personnel of the armed forces, or civil armed forces, in such numbers as may be deemed
necessary for the prevention or control of terrorist acts or scheduled offences"
(&) The .ederal 1overnment may decide whether the reAuirements of the situation call
for the deployment of
(i The civil armed forces) or
(ii The armed forces,
(6) And so decidin' shall, by means of a notification in the official 1a<ette issued under
0lause (i) or (ii) or both authori<e and direct the postin' there of"
4(6A) Any person who is a victim or le'al heir of a victim and is a''rieved by the order of
acAuittal passed by an Anti-Terrorism 0ourt, may within thirty days, file an appeal in a >i'h 0ourt
a'ainst such order"
(6C) If an order of acAuittal is passed by an Anti-Terrorism 0ourt in any case instituted
upon complaint and the >i'h 0ourt, on an application made to it by the complainant in this behalf,
'rants special leave to appeal from the order of acAuittal, the complainant may within thirty days
present such an appeal to the >i'h 0ourt"=
F0 -%e o$ ar"e $or!e% an !i*il ar"e $or!e% to +re*ent terrori%"0E (1) Any police
officer, or member of the armed forces, or civil armed forces, who is present or deployed in any
area may, after 'ivin' sufficient warnin', use the necessary force to prevent the commission of
terrorist acts or scheduled offences, and in so doin' shall, in the case of an officer of the armed
forces or civil armed forces, exercise all the powers of a police officer under the 0ode"
13
7mitted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
14
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
15
?ection & omitted by Amendment 7rd" ;;;I; of #@@1 dated 16-@2-#@@1"
(#) In particular and without pre(udice to 'enerality of the provisions of subsection (1),
an officer of the police, armed forces and civil armed forces may:--
(i) After 'ivin' prior warnin' use such force as may be deemed necessary or
appropriate, bearin' in mind all the facts and circumstances of the situation, a'ainst
any person who is committin',
18
4xxxxxxxxxx= a terrorist act or a scheduled offence,
1!
4it shall be lawful for any such officer, or any senior officer,
12
4after formin'
reasonable apprehension that death or 'rievous hurt may be caused by such act= to
fire, or order the firin' upon= any person or persons a'ainst whom he is authori<ed
to use force in terms hereof
1
4:=
#@
4*$rovided that an order to open fire in such circumstances shall be 'iven by a
police officer not below the ran% of C?-1! and eAuivalent ran% in the case of a member of
Armed .orces or civil Armed forces or by a ,a'istrate on duty:
$rovided further that the decision to fire or order firin' shall be ta%en only by way of
last resort, and shall in no case extend to the inflictin' of more harm than is necessary to
prevent the terrorist act or scheduled offence which has 'iven rise to the reasonable
apprehension of death or 'rievous hurt:
$rovided further that all cases of firin' which have resulted in death or 'rievous
in(ury shall be reviewed by an internal inAuiry committee constituted by the head of the law
enforcement a'ency concerned"=
(ii) Arrest, without warrant, any person who has committed an act of terrorism or a
scheduled offence or a'ainst whom a reasonable suspicion exist that he has
committed, or is about to commit, any such act or offence) and
(iii)" 5nter and search, without warrant any premises to ma%e any arrest or to ta%e
possession of any property, fire-arm, weapon or article used, or li%ely to be used,
offence"
(&) -othin' contained in sub-section (1) or (#) shall affect the provisions of 0hapter I;
of the 0ode and the provisions of section 1&# of the 0ode shall apply to any person action under
this section"
C1
&@0 Terrori%"0E (1) In this Act *terrorism+ means the use or threat of action where:
(a) The action falls with the meanin' of sub-section (#)) and
(b) The use or threat is desi'ned to coerce and intimidate or overawe the 1overnment
or the public or a section of the public or community or sect
##
4or a forei'n
'overnment or population or an international or'ani<ation= or create a sense of fear
or insecurity in society) or
(c) The use or threat is made for the purpose of advancin' a reli'ious, sectarian or
ethnic cause"
#&
4or intimidatin' and terrori<in' the public, social sectors, media
persons )business community or attac%in' the civilians, includin' dama'in' property
by ransac%in', lootin', arson or by any other means, 'overnment officials,
installations, security forces or law enforcement a'enciesF
G$rovided that nothin' herein contained shall apply to a democratic and
reli'ious rally or a peaceful demonstration in accordance with law"=
(#) An *action+ shall fall within the meanin' of sub-section (1), if it:
(a) Involves the doin' or anythin' that causes death)
(b) Involves 'rievous violence a'ainst a person or 'rievous bodily in(ury or harm to
a person)
(c) Involves 'rievous dama'e to property:
#6
4includin' 'overnment premises, official
installations, schools, hospitals, offices or any other public or private property
includin' dama'in' property by ransac%in', lootin' or arson or by any other means=
16
The comma and words *, or in all probability li%ely to commit * 7mitted by second Amendment 7rdinance ;III of 1 dated #!"@2"1"
17
?ubs by ordinance -o"" ;;;I; of #@@1 dated 19-@2-#@@1"
18
Substituted by the Anti-Terrorism (Amendment A!t" 2014 (#I o$ 2014
19
Substituted by the Anti-Terrorism (Amendment A!t" 2014 (#I o$ 2014
20
Inserted by the Anti-Terrorism (Amendment A!t" 2014 (#I o$ 2014
21
?ection 8 substituted ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
22
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
23
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
24
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
(d) Involves the doin' of anythin' that is li%ely to cause death or endan'ers a personDs
life)
(e) Involves %idnappin' for ransom, hosta'e-ta%in' or hi(ac%in')
#9
4(ee) Involves use of explosives by any device includin' bomb blast="
#8
4or havin' any
explosive substance without any lawful (ustification or havin' been unlawfully
concerned with such explosive =
(f) Incites hatred and contempt on reli'ious, sectarian or ethnic basis to stir up violence
or cause internal disturbance)
#!
4(') involves ta%in' the Haw in own hand, award of any punishment by an
or'ani<ation, individual For 'roup whatsoever, not reco'ni<ed by the law, wi"th
a view to coerce, intimidate or terrori<e public, individuals, 'roups, "communities,
'overnment officials and institutions, includin' law enforcement a'encies beyond Fthe
purview of the law of the land)=
(h) Involves firin' on reli'ious con're'ations, mosAues, imambar'ahs, churches,
temples and all other places of worship, or random firin' to spread panic, or involves
any forcible ta%eover o mosAues or other places of worship)
(i) 0reates a serious ris% to safety of public or a section of the public, or is desi'ned to
fri'hten the 'eneral public and thereby prevent them from comin' out and carryin'
on their lawful trade and daily business, and disrupts civil (civic) life)
(() Involves the burnin' of vehicles or an other serious form of arson)
(%) Involves extortion of money (bhatta) or property)
(l) Is desi'ned to seriously interfere with or seriously disrupt a communications system
or public utility service)
(m) Involves serious coercion or intimidation of a public servant in order to force him to
dischar'e or to refrain from dischar'in' his lawful duties)
#2
4BBB=
(n) Involves serious violence a'ainst a member of the police force, armed forces, civil
armed forces, or a public servant"
#
4(o) involves in acts as part of armed resistance by 'roups or individuals a'ainst law
enforcement a'encies) or
(p) involves in dissemination, preachin' ideas, teachin's and beliefs as per own interpretation on
., stations or throu'h any other means of communication without explicit app oval of
the "'overnment or its concerned departments"=
(&) The use or threat or use of any action fallin' within sub-section (#) which involves
the use of fire-arms, explosives or any other weapon, is terrorism, whether or not subsection 1(c)
is satisfied"
&@
4(&a) -otwithstandin' anythin' contained in sub-section (1), an action in violation of a
convention specified in the .ifth ?chedule shall be an act of terrorism under this Act)=
(6) In this section *action+ includes and act or a series of acts"
(9) In this Act, terrorism includes any act done for the benefit of a proscribed
or'ani<ation"
(8) A person who commits an offence under this section or any other provision of this
Act, shall be 'uilty of an act of terrorism"
(!) In this Act, a *terrorist+ means:
(a)
&1
4an individual= who has committed an offence or terrorism under this Act, and is or
has been concerned in the commission, preparation,
&#
4facilitation, fundin'= or
insti'ation of acts of terrorism)
25
Inserted by Act" II of #@@9 dated 11-@1-#@@9
26
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
27
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
28
7mitted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
29
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
30
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
31
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
32
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
(b)
&&
4an individual= who is or has been, whether before or after the comin' into force of
this Act, concerned in the commission, preparation,
&6
4facilitation, fundin'= or
insti'ation of acts of terrorism, shall also be included in the meanin' 'iven in 0lause
(a) above"
?F
&70 ./ni%h"ent $or a!t% o$ terrori%"0E
?@
4(1)= whoever commits an act of terrorism under
?ection 8, whereby
(a) death of any person is caused, shall be punishable, on conviction, with death or with
imprisonment for life, and with fine) or
(b) he does anythin' li%e to cause death or endan'ers life, but death or hurt is not
caused, shall be punishable, on conviction, with imprisonment of either description
for a term which shall be not less than
&!
4ten years= but may extend to
&2
4imprisonment for life= and with fine:
(c) 'rievous bodily harm or in(ury is caused to any person, shall be punishable, on
conviction, with imprisonment of either description for a term which shall not be less
than
&
4ten years= but may extend to imprisonment for life and shall also be liable to
a fine) or
(d) 'rievous dama'e to property is caused, shall be punishable on conviction, with
imprisonment, of either description for a term not less than ten years
6@
4but may
extend to imprisonment for life= and shall also be liable to a fine: or
(e) the offence of %idnappin' for ransom or hosta'e-ta%in' has been committed, shall
be punishable, on conviction, with death or imprisonment for life
61
4BBB=) or
(f) the offence of hi(ac%in', has been committed, shall be punishable, on conviction,
with death or imprisonment for life,
6#
4BBB= and fine)
6&
(ff) the act of terrorism committed falls under section 8 (#) (ee), shall be punishable with
imprisonment which shall not be less than fourteen years but may extend to
imprisonment for life"
(') the act of terrorism committed falls under ?ection 8(#) (f) and ('), shall be
punishable, on conviction, with imprisonment of not less than
66
4two years= and not
more than
69
4five years= and with fine) or
(h) the act of terrorism committed falls under clauses (h) to (n) of sub-section (#) of
?ection 8, shall be punishable, on conviction, to imprisonment of not less than
68
4five
years=
6!
4but may extend to imprisonment for life= and with fine) and
(i) any other act of terrorism not fallin' under 0lauses (a) to (h) above or under any
other provision of this Act, shall be punishable, on conviction, to imprisonment of not
less than
62
five years and not more than
6
ten years or with fine or with both"
9@
4(#) An accused convicted of an offence under this Act shall be punishable with imprisonment
of ten years of more, includin' the offences of %idnappin' for ransom and hi(ac%in' shall also
be liable to forfeiture of property"=
91
47-A( 4'''''''''''''''=
33
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
34
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
35
?ection ! substituted by 7rdinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
36
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
37
.or the words *.ive years+ the words *en years+ substituted by Act II of #@@9 dated 11"@1"#@@9"
38
?ubstituted for the words *fourteen years+ by Act II of #@@9 dated 11"@1"#@@9
39
.or the words *seven years+ the words *en years+ substituted by Act II of #@@9 dated 11"@1"#@@9"
40
?ubstituted for the words *and not exceedin' fourteen years+ by Act II of #@@9 dated 11"@1"#@@9"
41
7mitted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
42
7mitted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
43
Inserted by Act II of #@@9 dated 11"@1"#@@9
44
.or the words *six months+ the words *two years+ substituted by Act II of #@@9 dated 11"@1"#@@9"
45
.or the words *three years+ the words *five years+ substituted by Act II of #@@9 dated 11"@1"#@@9"
46
.or the words *7ne Iear+ the words *five years+ substituted by Act II of #@@9 dated 11"@1"#@@9"
47
?ubs for the words *and not more than ten year+ by Act II of #@@9 dated 11"@1"#@@9"
48
.or the word ?ix months the word *five year+ substituted by Act II of #@@9 dated 11"@1"#@@9"
49
.or the word five years the word *ten year+ substituted by Act II of #@@9 dated 11"@1"#@@9"
50
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
51
?ection !A omitted by Amendment 7rdinance ;;;I; of #@@@ dated #6-@!-#@@@
9#
47-1( &'''''''''''''''(
50 .rohi2ition o$ a!t% intene or li3el4 to %tir /+ %e!tarian hatre0E A person who:-
(a) uses threatenin', abusive or insultin' words or behavior) or
(b) displays, publishes or distributes any written material which is threatenin', abusive
or insultin') or
(c) distributes or shows or plays a recordin' or visual ima'es or sounds which are
threatenin', abusive or insultin': or
(d) has in his possession written material or a recordin' or visual ima'es or sounds
which are threatenin', abusive or insultin' with a view to their bein' displayed or
published by himself or another, view to their bein' displayed or published by
himself or another,
?hall be 'uilty of an offence if:--
(i) he intends thereby to stir up sectarian hatred) or
(ii) havin' re'ard to all the circumstances, sectarian hatred is li%ely to be stirred up
thereby"
90 ./ni%h"ent $or o$$en!e /ner %e!tion 50E :hoever contravenes contravenes any
provision of section 2 shall be punished with
9&
4xxx= imprisonment for a term which may extend to
96
4five years=,
99
4and with fine="
1A0 .o,er to enter or %ear!h0E If any officer of the police, armed forces or civil armed forces
is satisfied that there are reasonable 'rounds for suspectin' that a person has possession of
written material or a recordin' in contravention of section 2 he may enter and search the premises
where it is suspected the material or recordin' is situated and ta%e possession of the same)
98
4:
$rovided that the concerned officer first record in writin' his reasons for such belief and
serve a copy thereof either on the person or on the premises="
110 .o,er to orer $or$eit/re0E (1)
9!
An 4Anti-Terrorism 0ourt= by which a person is
convicted of an offence under section shall order to be forfeited any material or recordin'
referred to therein"
(#) :here the person who collected the material or recordin' cannot be found or
identified the
92
4Anti-Terrorism 0ourt= on the application of the official sei<in' the material or
recordin' shall forfeit the material or recordin' to the ?tate to be disposed off as directed by it"
11-A0
F9
&Or)ani6ation% !on!erne in terrori%"0E
@A
4(1)= .or the purposes of this Act, an
or'ani<ation is concerned in terrorism if itJ
(% 0ommits
81
4facilitates= or participates in acts of terrorism)
(b) $repares for terrorism)
(c) $romotes of encoura'es terrorism)
(d) ?upports and assists any or'ani<ation concerned with terrorism)
(e) $atroni<e and assists in the incitement of hatred and contempt on reli'ious,
sectarian or ethnic lines that stir up disorder)
(f) .ails to expel from its ran%s or ostraci<e those who commit acts of terrorism and
present them as heroic persons: - or
(')" Is otherwise concerned in terrorism"
8#
4(#) An or'ani<ation shall fall within the meanin' of sub-section (1) of it-----
52
?ection !C omitted by Amendment 7rdinance ;;;I; of #@@@ dated #6-@!-#@@@
53
The word ri'orous omitted by 7rdinance -o" ;III of 1
54
?ubs for the word *seven+ by 7rds" ;;;I; of #@@1"
55
?ubs by for thw word *or with fine or with both+ by 7rdinance -o" ;III of 1 dated #!"@2"1"
56
In section 1@, the full stp at the end replaced by a colon and thereafter the proviso added by 7rdinance -o" ;III of 1 dated #!"@2"1"
57
.or the word *?pecial 0ourt+, *a ?pecial 0ourt+ or *the ?pecial 0ourt+ wherever occurrin' the word *Anti Terrorism 0ourt+, *an Anti Terorism
0ourt+ or *the Anti Terrorism 0ourt+ substituted by 7rdinance -o" ;III of 1 dated #!-@2-1, s"#
58
?ubs by ?econd Amendment 7rd" ;III of 1"
59
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
60
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
61
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
62
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
(a) is owned or controlled, directly or indirectly, by a terrorist or an or'ani<ation
referred in sub-section (1)) or
(b acts on behalf of, or at the direction of, a terrorist or an or'ani<ation referred
in sub-section (1)"=
1110
@?
&.ro%!ri+tion o$ or)ani6ation%0- (1) The .ederal 1overnment may, by order published
in the official 1a<ette, list an or'ani<ation as a proscribed or'ani<ation in the .irst ?chedule on an
ex parte basis, if there are reasonable 'rounds to believe that it is-
(% concerned in terrorism) or
(b owned or controlled, directly or indirectly, by any individual or or'ani<ation
proscribed under this Act) or
(! actin' on behalf of, or at the direction of, any individual or or'ani<ation proscribed
under this Act"
E'+lanation0- The opinion concernin' reasonable 'rounds to believe may be formed on the basis
of information received from any credible source, whether domestic or forei'n includin'
'overnmental and re'ulatory authorities, law enforcement a'encies, financial intelli'ence units,
ban%s and non-ban%in' companies, and international institutions"
(#) The 'rounds shall be communicated to the proscribed or'ani<ation within three days
of the passin' of the order of proscription"=
11-C0
@B
&Ri)ht o$ Re*ie,0E
@F
4(1) :here any proscribed or'ani<ation is a''rieved by the
order of the .ederal 1overnment, made under section 11C, it may, within thirty days of such
order, file a review application, in writin', before the .ederal 1overnment, statin' the 'rounds on
which it is made and the .ederal 1overnment shall, after hearin' the applicant, decide the matter
on reasonable 'rounds within ninety days"=
(#) An or'ani<ation whose review application has been refused under sub-section (1)
may file an appeal on the >i'h 0ourt within thirty days of the refusal of the review application="
88
(&) 4BBBBBB=
@7
&11CC0 .ro%!ri+tion Re*ie, Co""ittee0- The .ederal 1overnment shall constitute a
$roscription /eview 0ommittee, comprisin' three 1overnment officers, includin' a representative
of the ,inistry of Kaw and Hustice, with the 0hairman of the 0ommittee bein' a person not below
the ran% of a Hoint ?ecretary to the .ederal 1overnment, to decide, within thirty days, review
applications filed under section 110 and 1155"=
11-#0
@5
O2%er*ation Orer0E :here the .ederal 1overnment, has
8
4reasonable 'rounds= to
believe that an or'ani<ation is actin' in a manner that it may be concerned in terrorism:
(1) The or'ani<ation may be %ept under observation, if
(a) The name of the or'ani<ation is listed in the ?econd ?chedule by order of the
.ederal 1overnment) or
(b) It operates under the same name as an or'ani<ation listed in the second
?chedule"
(#) An or'ani<ation or a person a''rieved by the observation order passed under
subsection (1) may file a review application before the .ederal 1overnment, which
shall, after hearin' the applicant, decide the matter within sixty days"
(&) :here the or'ani<ation is under observation, the .ederal 1overnment may further
extend the period of observation, only after 'ivin' the or'ani<ation an opportunity of
f bein' heard"
(6) 5ach observation period shall be for six months, and may be extended by the
.ederal 1overnment only after 'ivin' an opportunity of bein' heard to the
or'ani<ation concerned"
63
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
64
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
65
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
66
&mitted by the Anti-Terrorism (Amendment A!t" 2014
67
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
68
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
69
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
11-E0
7A
Mea%/re% to 2e ta3en a)ain%t a +ro%!ri2e or)ani6ation0E :here any or'ani<ation
shall be proscribed)
(1) Amon'st other measures to be ta%en by the .ederal 1overnment"---
(a) It offices, if any, shall be sealed)
!1
(b)
!#
4BBBBB=
(c) All literature, posters, banners or printed, electronic, di'ital or other material shall be
sei<ed) and
(d) $ublication, printin' or dissemination of any press statements, press conferences or
public utterances by or on behalf of or in support of a proscribed or'ani<ation shall
be prohibited"
!&
4(IA) Lpon proscription of an or'ani<ation if the office bearers, activists,
or the members or the associates of such or'ani<ation are
found continuin' the activities of the proscribed or'ani<ation, in
addition to any other action under this Act or any other law for the
time bein' in force to which they may be liable,--- F
(% they shall not be issued any passport allowed to travel abroad)
(b no ban% "or financial institution or any other entity providin' financial
support shall provide any loan facility or financial support to such
persons or issue the credit cards to such persons )and
(! the arms licenses, if already issued, shall be deemed to have been
cancelled and the arms shall be deposited :forthwith in the nearestM
$olice ?tation, failin' which such arms shall be confiscated and he
holders of such Farms shall be liable for the Fpunishment provided
under F the $a%istan Arms 7rdinance, 189 (:$-;; of 189) -o
fresh license, to such persons for any %ind of weapon shall be
issued"=
(#) The $roscribed 7r'ani<ation shall submit all accounts of its Income and expenditure
for its political and social welfare activities and disclose all fundin' sources to the
competent authority desi'nated by the .ederal 1overnment"
7B
&11EE0
7F
&.ro%!ri+tion o$ +er%on(0E
!8
4(1) The .ederal 1overnment may, by order published in
the official 1a<ette, list a person as a proscribed person in the fourth ?chedule on an ex-parte
basis, if there are reasonable 'rounds to believe that such person is-
(a) 0oncerned in terrorism)
(b) An activist, office bearer or an associate of an or'ani<ation %ept under observation
under section 11E or proscribed under section 11C) and
(c) In any way concerned or suspected to be concerned with such or'ani<ation or
affiliated with any 'roup or or'ani<ation suspected to be involved in terrorism or
sectarianism or actin' on behalf of, or at the direction of, any person or or'ani<ation
proscribed under this Act:
E'+lanation0- The opinion concernin' reasonable 'rounds to believe may be formed on the basis
of information received from any credible source, whether domestic or forei'n includin'
'overnmental and re'ulatory authorities, law enforcement a'encies, financial intelli'ence units,
ban%s and non-ban%in' companies and international institutions"=
70
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
71
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
72
&mitted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
73
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
74
-ew ?ection 1155 inserted by Amendment 7rd" (;;3) of #@@# dated 19-11-#@@#"
75
Substituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
76
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
!!
4(1A) The 'rounds shall be communicated to the proscribed person within three days of the
passin' of the order of proscription"=
(#) :here a personDs name is listed in the .ourth ?chedule, the .ederal
!2
4BBBBB=, as the
case may be, without pre(udice to any other action which may lie a'ainst such person under this
Act or any other law for the time bein' in force, may ta%e followin' actions and exercise followin'
powers, namelyJ
(a) reAuire such person to execute a bond with one or more sureties to the satisfaction
of the Eistrict $olice 7fficer in the territorial limits of which the said person ordinarily
resides, or carries on business, for his 'ood behavior and not to involve in any act of
terrorism or in any manner advance the ob(ectives of the or'ani<ation referred to in
sub-section (1) for such period not exceedin' three years and in such amount as
may be specified:
$rovided that where he fails to execute the bond or cannot produce a surety or sureties to
the satisfaction of the Eistrict $olice 7fficer order him to be detained and produced within twenty-
four hours before a 0ourt which shall order him to be detained in prison until he executes the
bond or until a satisfactory surety or sureties if reAuired, are available or, failin' that the term of
the order under clause (a) expires:
$rovided further that where he is a minor, the bond executed by a surety or sureties only
may be accepted)
(b) reAuire any such person to see% prior permission from the officer inchar'e of the
$olice ?tation of the concerned area before movin' from his permanent place of
residence for any period of time and to %eep him informed about the place he would
be visitin' and the persons, he would be meetin' durin' the stay)
(c) reAuire:
(i) that his movements to be restricted to any place or area specified in the
order)
(ii) he to report himself at such times and places and in such mode as may be
specified in the order)
(iii) he to comply with both the directions) and
(iv) that he shall not reside within areas specified in the order"
(d Eirect that he shall not visit or 'o within surroundin's specified in the order includin'
any of the under mentioned places, without the written permission of the officer
inchar'e of the $olice ?tation within whose (urisdiction such place is situated,
namely:--
(i schools, colle'es and other institutions where persons under twenty-
one years of a'e or women are 'iven education or other trainin' or are
housed permanently or temporarily)
(% theatres, cinemas, fairs, amusement par%s, hotels) clubs) restaurants,
tea shops and other place of public entertainment or resort)
(b airports, railway stations, bus stands, telephone exchan'es, television
stations, radio stations and other such places)
(ii) public or private par%s and 'ardens and public or private playin' fields) and
(iii) the scene of any public meetin' or procession of any assembla'e of the
public whether in an enclosed place or otherwise in connection with any
public even festival or other celebrations)
(e) chec% and probe the assets of such persons or their immediate family members i"e,
parents, wives and children throu'h police or any other 1overnment a'ency, which
shall exercise the powers as are available to it under the relevant law for the
purposes of the investi'ation, to ascertain whether assets and sources of income
are le'itimate and are bein' spent on lawful ob(ectives:
$rovided that no order under clause (d) or (e) above shall be made operative for a period
of more than three years) and
77
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
78
&mitted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
(f) monitor and %eep surveillance over the activities of such person throu'h police or
any other 1overnment a'ency- or any person or authority desi'nated for the
purpose"
!
4(&) :here any person is a''rieved by the order of the .ederal 1overnment made under
sub-section (1), he may, within thirty days of such order, file a review application, in writin', before
the .ederal 1overnment statin' the 'rounds on which it is made and the 1overnment shall, after
hearin' the applicant, decide the matter on reasonable 'rounds within ninety days"=
2@
4(&A) A person whose review application has been refused under sub-section (&) may file
an appeal to the >i'h 0ourt within thirty days of the refusal of the review application"=
(6) Any person who violates any direction or order of the .ederal
21
4BBBBBB= or any terms
of bond referred to in sub-section (#), shall be punishable with imprisonment of either description
for a term which may extend to three years, or with fine or with both"
5C
&11-EEE0 .o,er to arre%t an etain %/%+e!te +er%on%0E (1) 1overnment if satisfied that
with a view to prevent any person whose name is included in the list referred to ?ection 11-55, it
is necessary so to do, may, by order in writin', direct to arrest and detain, in such custody as may
be specified, such person for such period as may be specified in the order, and 1overnment if
satisfied that for the aforesaid reasons it is necessary so to do, may, extend from time to time the
period of such detention for a total period not exceedin' twelve months""
(#) The provisions of Article 1@ of the 0onstitution of the Islamic /epublic of $a%istan
shall mutatis mutandis apply to the arrest and detention of a person ordered under subsection (1)"
5?
&11-EEEE0 .re*enti*e etention $or in7/ir40-----
5B
4(1) The 1overnment or, where the
provi si ons of secti on 6 have been i nvo%ed, the armed forces or ci vi l armed
forces, as the case may be, sub( ect to the speci fi c or 'eneral order of the
1overnment i n thi s re'ard, for a peri od not exceedi n' three months and after
recordi n' reasons thereof, i ssue order for the preventi ve detenti on of any
person who has been concerned i n any offence under thi s Act rel ati n' to the
securi ty or defence of $a%i stan or any part thereof, or publ i c order rel ati n' to
tar'et %i l l i n', %i dnappi n' for ransom, and extorti onNbhatta, or the mai ntenance
of suppl i es or servi ces, or a'ai nst whom a reasonabl e compl ai nt has been
made or credi bl e i nformati on has been recei ved, or a reasonabl e suspi ci on
exi sts of hi s havi n' been so concerned, for purpose of i nAui ry:
$rovided that the detention of such person, includin' detention for further period after
three months, shall be sub(ect to the provisions of Article 1@ of the 0onstitution"=
(#) The inAuiry under sub-section (1) may be conducted by a police officer not
below the ran% of ?uperintendent Fof $olice or throu'h a Hoint Interro'ation Team (HIT) to
be notified by the 1overnment comprisin' a police officer not below the ran% of
?uperintendent of $olice and Fofficers of other investi'ation a'encies And the powers of the
inAuiry officer will be vested as per sectionF9 of the .ederal Investi'ation A'ency Act, "1!6
(3III of 1!9)
29
4:=
28
4$rovided that where the detention order has been issued by the armed forces or civil
armed forces under sub-section (1), the inAuiry shall be conducted by the HIT comprisin'
members of armed forces or 0ivil armed forces, as the case may be, intelli'ence a'encies and
other law enforcement a'encies, includin' a police officer not below the ran% of ?uperintendent of
$olice"=
2!
4(#A) The provision of sub-section (1) and (#) shall remain in force for such period as may
be notified by the 1overnment from time to time:
79
Substituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
80
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
81
&mitted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
82
-ew ?ection 11555 inserted by Amendment 7rd" (;;3) of #@@# dated 19-11-#@@#"
83
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
84
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
85
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
86
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
87
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
""
-
$rovided that such period shall not exceed two years form the commencement of
the Anti-terrorism (Amendment) Act, #@16 (3I of #@16)=
(&) The detenue shall be produced in c amera before the presidin' officer of the court or in
his absence before the Eistrict and ?essions Hud'e or the ,a'istrate appointed under the ?hariah
-i<am-Adl /e'ulation, #@@, within twenty-four hours of his detention, and before the presidin' officer
of the court if and when any extension in the period -of detention is reAuested"
(6) Eurin' inAuiry the concerned police officer not below the ran% of ?uperintendent of
$olice or eAuivalent officer of the law enforcement a'encies or the members of Hoint interro'ation
Team (HIT) as the case may be, shall have all the powers relatin' to search, arrest of persons and
sei<ure of property, and other relevant material connected with the commission of offence and shall
have all the powers as a $olice 7fficer has in relation to the investi'ation of offences under the 0ode
or any other law for the time bein' in force:
$rovided that the detenue shall be %ept in a detention center so notified by the 1overnment
and Mthe Fpresidin' officer of the court or the ,a'istrate, as the case any be referred in sub-
section (&) shall have the authority to ensure that the detention centers to ensure that the custody
is in accordance with the law for the time bein' in force"
22
4(9) Any person detained under this section shall be provided facility of medical chec%up
as may be prescribed by rules"=
1155555" !rohi"ition on disposal of property#$(1 If durin' the course of inAuiry or
investi'ation, the police officer not below the ran% of ?uperintendent of $olice or the Hoint
Investi'ation Team, as the case, may be has sufficient evidence to believe that any "property
which is sub(ect matter of the inAuiry or investi'ation is li%ely to be removed Ftransferred or
otherwise disposed of before art order of the appropriate authority for its sei<ure is obtained,
such officer or the team may, be order in writhin', direct the owner or any person who is, for
the time bein', in possession thereof not to remove, transfer or otherwise dispose of such
property in any manner except with the previous permission of such officer or the earn, as the
case may be, and such order shall be sub(ect to any order made by, the 0ourt havin'
(urisdiction in the matter"
(#) Any contravention of an order made under sub-section (1) shall be punishable with
ri'orous imprisonment for "a term which may extend to two years, or with fine, or with both"=
11-F0
59
Me"2er%hi+, %/++ort an "eetin)% relatin) to a .ro%!ri2e Or)ani6ation0E (1) A
person is 'uilty of an offence if he belon's or professes to belon' to a proscribed or'ani<ation"
(#) A person is 'uilty of an offence under sub-section (1) shall be liable of conviction to
a term not exceedin' six months imprisonment and a fine"
(&) A person commits an offence if he:
(a) ?olicits or invites support for a proscribed or'ani<ation, and the support is not, or is
not restricted to, the provision of money of other property) or
(b) Arran'es, mana'es or assists in mana'in', or addressin' a meetin' which he
%nows is"---
(i) To support a proscribed or'ani<ation)
(ii) To further the activities of a proscribed or'ani<ation) or
(iii) To be addressed by a person who belon's or professes to belon' to a
proscribed or'ani<ation"
(6) A person commits an offence if he addresses a meetin', or delivers a sermon to a
reli'ious 'atherin', by any means whether verbal, written, electronic, di'ital or otherwise, and the
purpose of his address or sermon, is to encoura'e support for a proscribed or'ani<ation or to
further its activates"
(9) A person commits an offence if he solicits, collects, or raises
@
4money or other
property= for a proscribed or'ani<ation"
88
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
89
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
90
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& 1"@&"#@1&
(8) A person 'uilty of an offence under sub-sections (&), (6) and (9) shall be liable on
conviction to a term of imprisonment not less than one year and not more than five and a fine"
11-80
91
-ni$or"0E (1) A person commits an offence if he-
(a) wears, carries or displays any article, symbol, or any fla' or banner connected with
or associated with any proscribed or'ani<ation) or
(b) carries, wears or displays any uniform, item of clothin' or dress in such a away or in
such circumstances as to arouse reasonable suspicion that he is a member or
supporter of a proscribed or'ani<ation"
#
4(#) A person who commits an offence under sub-section (1) shall be liable by way of
summary procedure to simple imprisonment for a term not more exceedin' three months or to a
fine or to both"
11-H0
9?
F/n rai%in)0E (1) A person commits an offence if heJ
(a) Invites another to provide money or other property, and
(b) Intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purpose of terrorism
6
4or by a terrorist or or'ani<ation concerned in
terrorism"=
(#) A person commits an offence if
(a) >e received money or other property, and
(b) Intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purposes of terrorism
9
4or by a terrorist or or'ani<ation concerned in
terrorism"=
(&) A person commits an offence if he,
(a) $rovides money or the property, and
(b) Onows or has reasonable cause to suspect that it will or may be used for the
purposes of terrorism
8
4or by a terrorist or or'ani<ation concerned in terrorism"=
(6) In this section a reference to the provision of money or other property is a reference
to its bein' 'iven, lent or otherwise made available, whether or not for consideration"
11-I0
97
-%e an +o%%e%%ion0E (1) A person commits an offence if"---
(1) he uses money or other property for the purposes of terrorism) or
(#) heJ
(a) $ossesses money or other property) and
(b) Intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purposes of terrorism"
11-90
95
F/nin) Arran)e"ent%0E
99
(1) A person commits an offence if he--
(a) 5nters into or becomes concerned in an arran'ement as a result of which money or
other property is made available or is to be made available to another, and
(b) >as reasonable cause to suspect that it will or may be used for the purposes of
terrorism"
1@@
4(#) Any person in $a%istan or an $a%istani national outside $a%istan shall commit an
offence under this Act, if the %nowin'ly or willfully ma%es money or other property or services
available, directly or indirectly, wholly or (ointly, for the benefit of a proscribed or'ani<ation or
proscribed person"=
91
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
92
?ub section (#) subs by (?econd Amendment) Act #@@6 Act -o" II of #@@9 dated 1@-@1-#@@9"
93
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
94
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& 1"@&"#@1&
95
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& 1"@&"#@1&
96
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& 1"@&"#@1&
97
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
98
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
99
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
100
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
11-:0
1A1
Mone4-la/nerin)0E (1) $erson commits an offence if he enters into or becomes
concerned in any arran'ement which facilitates the retention or control, by or on behalf of another
person, of terrorist property"
(a) Cy concealment,
(b) Cy removal from the (urisdiction"
(c) Cy transfer of nominees, or
(d) In any other way"
(#) It is a defense for a person char'ed with an offence under sub-section (1) to prove
that he did not %now and had no reasonable cause to suspect that the arran'ement related to
terrorist property"
11-;0
1AC
#i%!lo%/re o$ In$or"ation0E (1) :here a person--
(a) Celieves or suspects that another person has committed an offence under this Act)
and
(b) Cases his belief or suspicion on information which comes to his attention in the
course of a trade, profession, business or employment, he commits an offence if he
does not disclose to a police officer as soon as is reasonably practicable his belief or
suspicion, and the information on which it is based"
(#) It is a defense for a person char'ed with an offence under sub-section (1) of this
section to prove that he had a reasonable excuse for not ma%in' the disclosure:
$rovided that this sub-section does not reAuire disclosure, by a professional le'al advisor
of any information which he obtains in privile'ed circumstances"
(&) A person may disclose to a police officerJ
(i) A suspicion or belief that any money or other property is terrorist property or is
derived from terrorist property: or
(ii) Any matter on which the suspicion is based"
(6) ?ub-section (&) shall have effect notwithstandin' any restriction on the disclosure of
information imposed by any law for the time bein' in force:
11-M0
1A?
Coo+eration ,ith .oli!e0E (1) A person does not commit an offence under ?ection 11-
> to 11-O, if he is actin' with the express consent of a police officer not below the ran% of a
Eeputy ?uperintendent"
(#) ?ub(ect to sub-sections (&) and (6) under this section, a person does not commit an
offence under ?ections 11-> to 11-O by involvement in a transaction or arran'ement relatin' to
money or the property if he discloses to a police officer:--
(a) >is suspicion or belief that the money or other property is terrorist property, and
(b) The information on which his suspicion or belief is based"
(&) ?ub-section (#) under this section applies only where a person ma%es a disclosure
J
(a) after he becomes concerned in the transaction concerned)
(b) on his own initiative) and
(c) as soon as is reasonably practicable"
(6) ?ub-section (#) under this section does not apply to a person ifJ
(a) A police officer forbids his to continue his involvement in the transaction or
arran'ement to which the disclosure relates, and
(b) >e continues his involvement"
(9) It is a defence for a person char'ed with an offence under ?ection 11-> to 11-H to
prove that
(a) >e intended to ma%e a disclosure, and
(b) There is reasonable excuse for his failure to do so"
101
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
102
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
103
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
11-N0
1AB
./ni%h"ent /ner Se!tion% 11-H to 11-:0E Any person who commits an offence
under ?ections 11-> to 11-O, shall be punishable on conviction with imprisonment for a term no
less than
1@9
4five years= and not exceedin'
1@8
4ten years= and with fine"
1@!
411-O0
1A5
4Sei6/re, $ree6e an etention0- (1) 7n proscription made under section 11C or, as
the case may be, section 1155"-
(a) the money or other property owned or controlled, wholly or partly, directly or
indirectly, by a proscribed or'ani<ation or proscribed person shall be fro<en or
sei<ed, as the case may be)
(b) the money or other property derived or 'enerated from any property referred in
clause (a) shall be fro<en or sei<ed, as the case may be)
(c) no person shall use, transfer, convert, dispose of or remove such money or other
property with effect from proscription)
(d) within forty-ei'ht hours of any free<e or sei<ure, the person carryin' out the free<e
or sei<ure shall submit a report containin' details of the property and the persons
affected by the free<e or sei<ure to such office of the .ederal 1overnment as may
be notified in the official 1a<ette"
(#) Any person who violates any provision of sub-section (1) shall be liable to penalty of
fine not exceedin' ten million rupees"
(&) If a le'al person violates any provision of sub-section (1), such person shall be liable
to penalty of fine not exceedin' ten million rupees and every director, officer or employee of such
person found 'uilty of the violation shall be punished in terms thereof"
(6) 7n an application made by any affected person, the .ederal 1overnment shall
inAuire into the ownership and control of any money or other property that has been fro<en or
sei<ed and, if it is satisfied that the money or other property has inadvertently been fro<en or
sei<ed, the same shall be ordered to be released immediately"
(9) -o prosecution, suit or other proceedin's shall lie a'ainst the 'overnment or any
other person complyin' or purportin' to comply with sub-section (1) for anythin' done in 'ood
faith to effect free<e or sei<ure"=
1A9
&11OO0 A!!e%% to %er*i!e%, "one4 or other +ro+ert40- (1) The .ederal 1overnment may
permit a person to ma%e available to a proscribed or'ani<ation or proscribed person such
services, money or other property as may be prescribed, includin' such money as may be
reAuired for meetin' necessary medical and educational expenses and for subsistence allowance,
and such person shall not be liable for any offence under this Act on account of provision of the
prescribed services, money or other property"
(#) 7n an application made by a proscribed or'ani<ation or proscribed person, the
.ederal 1overnment may authori<e such or'ani<ation or person to access such money or other
property or avail such services as may be prescribed"=
11-.0
11A

111
&A++li!ation 24 in*e%ti)atin) o$$i!er to Co/rt0- (1) An investi'atin' officer may
apply to a court for an order under this section for attachment of a terrorist property"
(#) An order under this section, shall-
(a) provide for attachment of the terrorist property for a period specified in the
order or pendin' completion of the investi'ation) and
(b) reAuire notice to be 'iven to the person from whom such property was
attached and to any other person who is affected by and specified in the
order"
(&) Any cash attached under this section shall be held in a profit and loss account and
the profit and loss so earned shall be added to it on its release or forfeiture"=
104
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
105
.or the word *six months+ the words *five years+ substituted by Act II of #@@9 dated 11"@1"#@@9
106
.or the words *five years+ the words *ten years+ substituted by Act II of #@@9 dated 11"@1"#@@9"
107
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& 1"@&"#@1&
108
Substituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
109
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
110
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
111
Substituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
11-<0
11C
For$eit/re0E (1) The 0ourt by or before which a person is convicted of an offence under
any of the ?ections 11-> to 11-, may ma%e a forfeiture order in accordance with the provisions of
this section"
(#) :here a person is convicted of an offence under ?ection 11->(1) or (#) or ?ection
11-1, the 0ourt may order the forfeiture of any money or other property-
(a) :hich, at the time of the offence, he had in his possession or under his control) and
(b) :hich, at that time, he intended should be used, or had reasonable cause to
suspect mi'ht be used, for the purposes of terrorism"
(&) :here a person has been convicted under ?ection 11-> (&), the 0ourt may order
the forfeiture of any money or other property:
(a) :hich, at the time of the offence, he had in his possession or under his control, and:
(b) :hich, at the time, he %new or had reasonable cause to suspect would or mi'ht be
used for the purposes of terrorism"
(6) :here a person is convicted of an offence under ?ection 11-H, the 0ourt may order
the forfeiture of the money of other property-
(a) To which the arran'ement in Auestion related) and
(b) :hich, at the time of the offence, he %new or had reasonable cause to suspect
would or mi'ht be used for the purposes of terrorism"
(9) :here a person is convicted of an offence under ?ection 11-O, the 0ourt may order
the forfeiture of the money or other property to which the arran'ement in Auestion related"
(8) :here a person is convicted of an offence under any of the ?ections 11-> to 11-O
the 0ourt may order forfeiture of any money or other property which wholly or partly, and directly
or indirectly, is received by any person as a payment or other reward in connection with the
commission of the offence"
11&
4(!) A person other an accused, claimin' the ownership or interest in any property
or assets, suspected to be terrori st property, may within a period of fifteen days of free<in'
of account or of ta%in' into possession or control of such property or assets, as the case
may be or-within such extended period as the court may, for reasons to be recorded, allow
file his claim before the court" The court after 'ivin' notice to the prosecution and "hearin'
the parties, shall decide the claim"=
11-R0
11B

11F
&E*ientiar4 %tanar $or $or$eit/re0- (1) The court may pass an order for forfeiture
under section 11P upon conviction and only if satisfied on reasonable 'rounds that the money or
other property is a terrorist property and before so doin' must 'ive an opportunity to be heard to
any person,-
(a) who is not a party to the proceedin's) and
(b) who claims to be the owner of or otherwise interested in any of the money or other
property which can be forfeited under this section"
(#) An order may be made under section 11P, whether or not proceedin's are brou'ht
a'ainst all the persons for an offence with which the money or other property is connected"=
11-S0
11@
A++eal a)ain%t $or$eit/re orer
117
&DDD( E (1) Any party to the proceedin's in which a
forfeiture order is made under
112
4section 11P
11
4BBBB=, may appeal to the >i'h 0ourt a'ainst such
an order"
(#) An appeal must be brou'ht before the end of the period of thirty days be'innin' with
the dated on which the forfeiture order was made"
112
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1
113
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
114
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1
115
Substituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
116
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
117
7mitted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
118
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
119
&mitted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
11-T0
1CA
#e+o%it o$
1C1
&"one4 or other +ro+ert4( in a $/n0E (1) Any
1##
4money or other
property= to which a forfeiture order under ?ections 11-/ and 11-? applies, alon' with
1#&
4any
addition, return,= profit and loss accrued, shall be deposited into a special fund to be notified by
the .ederal 1overnment"
(a) After the expiry of the limitation period within which an appeal a'ainst the forfeiture
order may be brou'ht under ?ection 11-? (#), or
(b) :here an appeal brou'ht under ?ection 11-? has been determined and disposed
of"
(#) Any fund constituted by the .ederal 1overnment under sub-section (1) may also be
used to compensate victims of acts of terrorism or in the case of deceased victims, their
dependents"
1#6
4(&) The .ederal 1overnment may, be rules made under this Act, prescribe the manner
of administration of the fund and mana'ement or disposal of the money or property forfeited
under this Act"=
11--0
1CF

1C@
&#e-+ro%!ri+tion0- (1) The .ederal 1overnment may, by notification in the official
1a<ette, at any time remove any or'ani<ation or person from the .irst ?chedule or .ourth
?chedule, as the case may be, on the basis that no reasonable 'round for proscription exists"
(#) After three years of the disposal of appeal, if any, or where no appeal was filed, from
the date of the order of proscription, or form the date of any refusal of an application of de-
proscription,-
(a) the .ederal 1overnment shall conduct review of the proscriptions to
determine whether any proscription may be cancelled on the basis provided
for under sub-section (1)) and
(b) until a proscription is cancelled, any money or other property fro<en or sei<ed
on account of the proscription shall remain fro<en or sei<ed, as the case may
be"
(&) 7n cancellation of the proscription under this Act, any money or other property that
has been fro<en or sei<ed shall be released in a timely manner"=
11-V0
1C7
#ire!tin) terrori%t a!ti*itie%0E (1) A person commits an offence if heJ
(a) Eirects, at any level, whilst resident in $a%istan or abroad, activities of an
or'ani<ation concerned with the preparation, insti'ation or commission of acts of
terrorism) or
(b) Eirects, from within the country or abroad, activities connected with the commission,
preparation or insti'ation of an act of terrorism"
(#) A person 'uilty of an offence under sub-section (1) shall be liable on conviction to
1#2
4imprisonment for life= and to forfeiture or confiscation of his assets within or outside $a%istan"
11-=0
1C9
.rintin), +/2li%hin), or i%%e"inatin) an4 "aterial to in!ite hatre or )i*in)
+ro>e!tion to an4 +er%on !on*i!te $or a terrori%t a!t or an4 +ro%!ri2e or)ani6ation or an
or)ani6ation +la!e /ner o2%er*ation or an4one !on!erne in terrori%"0E (1) A person
commits an offence if he prints, publishes or disseminates any material, whether by audio or
video-cassettes
1&@
4or any form of data, stora'e devise, ., radio station or by any visible si'n= or
by written, photo'raphic, electronic, di'ital, wall-chal%in' or any method
1&1
4or means of
communication= which
1&#
4'lorifies terrorists or terrorist activities or= incites reli'ious, sectarian or
ethnic hatred or 'ives pro(ection to any person convicted for a terrorist act, or any person or
or'ani<ation concerned in terrorism or any person or'ani<ation or an or'ani<ation placed under
observation:
120
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
121
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
122
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
123
?ubstituted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
124
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&
125
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
126
Substituted by the Anti-Terrorism (Amendment) Act, #@16 (3II of #@16)
127
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
128
?ubst" for the word *imprisonment for the maximum term of seven years+ act II of #@@9 dated 11"@1"#@@9
129
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
130
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
131
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
132
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
$rovided that a factual news report, made in 'ood faith, shall not be constructed to mean
+pro(ection+ for the purposes of this section"
1&&
4(#) Any person 'uilty of an offence under sub-section (1) shall be punishable on
conviction with imprisonment which may extend to five years and with fine
11-X0
1?B
Re%+on%i2ilit4 $or !reatin) !i*il !o""otion0E (1) A person commits an offence if he
ma%es any call for action or shut-down, imposed throu'h the use of threats or force resultin' in
dama'e or destruction of property or in(ury to person, to intimidate citi<ens and prevent them from
carryin' out their lawful trade or business activity"
(#) A person 'uilty of an offence under sub-section (1) shall on conviction be punishable
with imprisonment for a term not less than
1&9
4five years= and not more than
1&8
4ten years= and shall
pay compensation as may be determined by the 0ourt, from the funds of the or'ani<ation to
which he belon's or from his own personal resources or assets for the hurt or dama'e or
destruction caused as result of the commission of the offence under sub-section (1)"
(&) A person commits an offence if he addresses a meetin' or 'atherin' or delivers a
sermon to a reli'ious 'atherin' by any means whether verbal, written, electronic, di'ital or
7therwise to incite reli'ious, sectarian or ethnic hatred and contempt, and shall, on conviction, be
punishable with imprisonment not less than
1&!
4five years= and not more then
1&2
4ten years= or with
both"
1C0 9/ri%i!tion o$
1?9
&Anti Terrori%" Co/rt(0E (1) -otwithstandin' anythin' contained in
the 0ode or in any other law, a scheduled offence committed in an area in a province
16@
4or the
Islamabad 0apital Territory= shall be tribal only by the
161
4Anti-Terrorism 0ourt= exercisin'
territorial (urisdiction in relation to such area"
(#) -otwithstandin' anythin' contained in sub section (1) if in respect of a case
involvin' a scheduled offence committed in any area, the 1overnment, havin' re'ard to the facts
and circumstances of the case, is satisfied that in order to ensure a fair trial, or for the protection
and safety of witnesses, that such offence should be tried by an
16#
4Anti Terrorism 0ourt=
established in relation to any other area, the 1overnment may ma%e a declaration to that effect"
E'+lanation Q :here an
16&
4Anti Terrorism 0ourt= is established in relation to two or more
areas, such
166
4Anti-Terrorism 0ourt= shall be deemed, for the purpose of this sub-section, to have
been established in relation to each of such areas"
(&) :here a declaration is made in respect of an offence committed in an area a
$rovince,
169
4or the Islamabad 0apital Territory= any prosecution in respect such offence shall be
instituted only in the
168
4Anti Terrorism 0ourt= established in relation to such area, and, if any
prosecution in respect of such offence is pendin' immediately before such declaration in any
other 0ourt, the same shall stand transferred to such
16!
Anti Terrorism 0ourt and such
162
4Anti
Terrorism 0ourt= shall proceed with such case from the sta'e at which it was pendin' a that time
without the necessity of recallin' any witnesses"
1?0
16
&E%ta2li%h"ent o$ (Anti Terrori%" Co/rt)0E (1) for the purpose of providin' for the
speedy trial of the cases
19@
4under this Act= and of scheduled offences, the .ederal 1overnment,
or if so directed by the 1overnment, the $rovincial 1overnment may establish by notification one
or more Anti Terrorism 0ourts in relation to
191
4each territorial area as specified by the >i'h 0ourt
concerned=
133
?ub ?ection (#) of section 11-: substituted by Act II of #@@9 dated 11"@1"#@@9" at the time os substitution the said sub-section was as under (#)
Any person 'uilty of an offence under subsection (1) shall be liable by way of summary procedure, on conviction, to a maximum term of six month
imprisonment"
134
Added by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1
135
.or the word *six months+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9
136
.or the word *five years+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9
137
.or the word *six months+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9
138
.or the word *three years+ the words *ten years+ substituted by Act II of #@@9 dated"11"@1"#@@9
139
?ubstituted by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#
140
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
141
?ubstituted by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#
142
?ubstituted by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#
143
?ubstituted by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#
144
?ubstituted by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#
145
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
146
?ubstituted by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#""
147
?ubstituted for the word *each area+ by ordinance -o" 3I of #@@# dated &1"@1"#@@#"
148
?ubstituted for the word *each area+ by ordinance -o" 3I of #@@# dated &1"@1"#@@#"
149
?ection 1& substituted by 7rdinance -o" ;III of 1 dated #!"@2"1""
150
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
151
?ubstituted by 7rdinance -o" 0;;;I3 of 1 dated #&"11"#@@#
(#) :here more Anti Terrorism 0ourts than one have been established in ant area the
1overnment in consultation with 0hief Hustice of the >i'h 0ourt shall
19#
4desi'nate a Hud'e of any
such 0ourt to be an administrative Hud'e= and all cases triable under this Act pertainin' to the
said area shall be filed before the
19&
4said 0ourt and such (ud'e may either try the case himself=
or, assi'n any case, or cases, for trial to any other Anti-Terrorism 0ourt at any time prior to the
framin' of the char'e" The cases shall be assi'ned to a court one case at a time:
$rovided that in order to ensure that the time of the 0ourt is not wasted if for some reason
a 'iven case cannot proceed more than one case can be assi'ned to it at any time or from time to
time"
(&) In respect of a case assi'ned to court under sub section (#), all orders made or
proceedin's ta%en before the assi'nment shall be deemed to have been made or ta%en by the
court to which case has been assi'ned"
196
4(6) -otwithstandin' anythin' contained in sub section (#) and sub section (&) the
.ederal 1overnment or if so directed by the 1overnment, the $rovincial 1overnment shall in
addition to the existin'
199
4Anti Terrorism 0ourt= or such other
198
4Anti-Terrorism 0ourts= as may be
established in the area, establish one such additional
19!
4Anti-Terrorism 0ourt= under this Act at the
$rincipal seat of the
192
4each >i'h 0ourt= and appoint a Hud'e of such >i'h 0ourt as a Hud'e of
19
4Anti-Terrorism 0ourt= in consultation with the 0hief Hustice of the >i'h 0ourt concerned, and
where a Hud'e of >i'h 0ourt is appointed as a Hud'e for any area under this Act, he shall be the
administrative (ud'e for that area and such administrative Hud'e, in addition to the powers
exercisable under this Act, either suo motu or on the application of any party, at any sta'e of the
proceedin's whether before or after the framin' of char'e for sufficient cause includin' as
mentioned in sub section (1) of ?ection #2, Transfer, withdraw or recall any case pendin' before
any other
18@
4Anti Terrorism 0ourt= in that area and may either try the case himself or ma%e it over
for trial in any other
181
4Anti Terrorism 0ourt= in that area"
(9) The
18#
4Anti Terrorism 0ourt to which a case is transferred or recalled for trial under
?ub-section (6), shall proceed with the case from the sta'e at which it was pendin' immediately
before such transfer or recall and it shall not be bound to recall or rehear any witness who has
'iven evidence and may act on the evidence already recorded="
1B0
18&
4Co"+o%ition an a++oint"ent o$ +re%iin) o$$i!er% o$ Anti-terrori%" Co/rt%0E (1)
an Anti Terrorism 0ourt ?hall consist of a Hud'e, bein' person who)-
(i) is a Hud'e of >i'h 0ourt or is or has been ?essions (ud'e or an Additional
?essions Hud'e) or
(ii) Is Hudicial ,a'istrate .irst 0lass vested with powers under ?ection &@ of the 0ode)
or
(iii) has for a period of not less than ten years been an advocate of a hi'h 0ourt"
(#) The .ederal 1overnment or the $rovincial 1overnment, if directed by the .ederal
1overnment to establish a court under this Act, shall, after consultation with the 0hief Hustice of
the >i'h 0ourt, appoint a Hud'e of each court"
(&) A Hud'e shall hold office for a period of two and a half years but may be appointed
for such further term or part of term as the 1overnment appointin' the Hud'e may determine"
(6) A Hud'e may be removed from his office prior to the completion of the period for
which he has been appointed after consultation with the 0hief Hustice of the >i'h 0ourt"
(9) In case a Hud'e is on leave, or for any other reason temporarily unable to perform
his duties, the 1overnment ma%in' appointment of such Hud'e may, after consultation with the
0hief of >i'h 0ourt, authori<e the ?essions Hud'e, havin' (urisdiction at the principal seat of the
Anti-Terrorism 0ourt, to conduct proceedin's of ur'ent nature so lon' as such Hud'e is unable to
perform his duties"
152
?ubstituted by 7rdinance -o" 0;;;I3 of 1 dated #&"11"#@@#
153
?ubstituted by 7rdinance -o" 0;;;I3 of 1 dated #&"11"#@@#
154
Added by 7rdinance ;; of 1 w"e"f" @#-1#-1"
155
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
156
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
157
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
158
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
159
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
160
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
161
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
162
?ubs by 7rdinance 3I of #@@# dated &1-@1-#@@#"
163
?ection 16 ?ubstituted by 7rd" -o" 0;;;I3 of #@@#, dated #&-11-#@@#"
(8) the Anti-Terrorism 0ourts existin' immediately before the commencement of the
Anti-Terrorism (?econd Amendment) 7rdinance, #@@#, and the Hud'es appointed to such 0ourts,
shall, sub(ect to the provisions of this Act, as amended, continue to function and try offences
under this Act"
1F0 .la!e o$ %ittin)0E (1) ?ub(ect to sub-sections (#) and (&), an
186
4Anti-Terrorism= shall
ordinarily sit at such place or places
189
4includin' cantonment area or (ail premises= as the
1overnment may, by order, specify in that behalf"
(#) The 1overnment may direct that for the trial of particular case the 0ourt shall sit at
such place includin' the place of occurrence of an offence as it may specify"
(&) 5xcept in a case where a place of sittin' has been specified under sub-section (#),
an
188
4Anti-Terrorism= may, if it considers it expedient or desirable so to do either suo motu or on
the application of the public prosecutor sit, for holdin' the trial of a case at any place includin' a
mosAue other than the ordinary place of its sittin'"
1@0 Oath 24
1@7
&Anti-Terrori%" Co/rt(0E A
182
4Hud'e= of an
18
4Anti-Terrorism 0ourt= shall, at
the commencement of a proceedin' under this Act, ma%e oath, in the case of ,uslim, on the >oly
Puran, to the effect that he shall decide the case honestly, faithfully and considerin' himself
accountable to Almi'hty Allah, and in case of a non-,uslim in accordance with
1!@
4the constitution,
law and his conscience="
-on-ta%in' of oath by $residin' 7fficer of Anti-Terrorism 0ourt in accordance with
reAuirement of ?" 18 would not vitiate the trial by him when such omission has not pre(udiced the
accused"
170 .o,er% o$
171
&Anti-Terrori%" Co/rt( ,ith re%+e!t to other o$$en!e%0E :hen tryin' any
scheduled offence, an
1!#
&Anti-Terrorism 0ourt= may also try any offence other than the scheduled
offence with which the accused may, under the 0ode, be char'ed at the same trial"
150 ./2li! .ro%e!/tor%0E
17?
(1) the
1!6
4BBB= 1overnment shall appoint in relation to each Anti Q
Terrorism 0ourt or a >i'h 0ourt and ?upreme 0ourt of $a%istan a proficient, dili'ent and
professionally competent public $rosecutors or Kaw 7fficers and may also appoint one or more
Additional $rosecutors or Kaw 7fficers:
$rovided that the 1overnment may also appoint, for any case or class of cases, a special
$rosecutor"
(#) 5very $erson appointed as a $ublic $rosecutor or an Additional $ublic $rosecutor
or a ?pecial $ublic $rosecutor shall be deemed to be a $ublic $rosecutor within meanin' of
?ection 6# of the 0ode, and the provisions of the 0ode shall have effect accordin'ly"
190 .ro!e/re an .o,er% o$
17F
&Anti Terrori%" Co/rt0E
17@
4(1)
1!!
4An investi'atin'
officer under this Act shall be an officer or $olice 7fficer not below the ran% of Inspector or eAuivalent or, if the
1overnment deems necessary Hoint Investi'ation TeamD to be constituted by the 1overnment shall be headed by
an Investi'ation officer of $olice not below the ran% of ?uperintendent of $olice, (C?-12) and other offices of HIT
may include eAuivalent ran% from Intelli'ence A'encies, Armed .orces and 0ivil Armed .orces" The HIT shall
comprise five members and for the meetin' purposes the Auorum shall consists of three members"
The investi'atin' officer to the HIT, as the case may be, shall complete the investi'ation in
respect of cases triable by the court within thirty wor%in' days" The report under section 1!& of the
0ode shall be si'ned and forwarded by the investi'atin' officer of police directly to the court:
$rovided that where the provisions of sections 6 and 9 have been invo%ed, the
investi'ation shall be conducted by the HIT comprisin' members of armed forces or civil armed
forces, as the case may be, intelli'ence a'encies and other law enforcement a'encies includin'
164
?ubs by ordinance -o" ;III of 1 dated #!"@2"1, ?"#
165
Inserted 7rdinance -o" 3I of #@@# dated &1"@1"#@@#"
166
?ubs by ordinance -o" ;III of 1 dated #!"@2"1, ?"#
167
?ubstituted by 7rdinance -o" ;III of 1 dated #!"@2"1"
168
?ubs by ?econd Amendment 7rd" 0;;;I3 of #@@#, dated #&-11-#@@#"
169
?ubs by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#"
170
?ubstituted for the word *his faith to the effect that he will decide the case honestly, faithfully accordin' to his conscience and belief+ by
ordinance -o" ;II of 1 dated #!"@2"1"
171
?ubs by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#"
172
?ubs by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#"
173
?ubs by 7rdinance -o" ;III of #@@#, dated &1-@1-#@@#
174
7mitted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
175
?ubs by 7rdinance -o" 3I of #@@#, dated &1"@1"#@@#
176
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
177
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
an investi'atin' officer of police not below the ran% of Inspector who shall si'n the report under
section 1!& of the 0ode and forward it to the 0ourt:
$rovided further that, where investi'ation is not completed within a period of thirty days
from the date of recordin' of the first information report under section 196 of the code, the
investi'atin' officer or the HIT shall, within three days after expiration of such period, forward to
the 0ourt throu'h the $ublic $rosecutor, an interim report under section 1!& of the code, statin'
therein the result of investi'ation made until then and the court shall commence the trial on the
basis of such interim report, unless, for reasons to be recorded, the 0ourt decides that the trial
may not so commence" The interim report shall be si'ned by the investi'atin' officer of police)=
1!2
4(1A) -otwithstandin' anythin' contained in any other law for the time bein' in force, the
.ederal 1overnment may, in result of any case re'istered by or under investi'ation wi th, the police or
any other investi'ation a'ency or authority, by order in writin', entrust inAuiry or such investi'ation
to such a'ency or authority as it may deem fit and thereupon the $olice, or any other investi'ation
a'ency or the authority shall transfer the record of the case to such a'ency or authority"=
1!
4(1C):here any person has been arrested by the armed forces or civil armed forces under
section 9, he shall be handed over to the investi'atin' officer of the police station desi'nated for the
purpose by the $rovincial 1overnment in each Eistrict"=
(#) Any default on the part of an officer-in-char'e of a police-station, an investi'atin'
officer or any other person reAuired by law to perform any functions in connection with the
investi'ation, that results in, or has the effect of, delayin' investi'ation or submission of the report
under sub-section (1), shall be deemed to be a willful disobedience of the orders of the
12@
Anti-
Terrorism 0ourt and the person committin' the default shall be liable to be punished for contempt
of 0ourt"
(&)
121
The Anti-Terrorism 0ourt may directly ta%e co'ni<ance of a case triable by such
0ourt within the case bein' sent to it under section 1@ of the 0ode"
12#
4(6)" 4xxxxxxxxxxxxxxxx=
(9) where in a case triable by
12&
4an Anti-Terrorism 0ourt=, an accused has been
released from police custody or
126
4custody of any other investi'atin' a'ency (oined in an
investi'ation=, under section 18 of the 0ode, or has been remanded to (udicial custody, the
129
Anti-Terrorism 0ourt may, on 'ood 'rounds bein' shown by a $ublic prosecutor or a Kaw officer
of the 1overnment, for reasons to be recorded in writin', ma%e an order for placin' him in police
custody or
128
4custody of any other investi'atin' A'ency (oined in investi'ation= for the purpose of
further investi'ation in the case"
(8) An
12!
4Anti-Terrorism 0ourt= shall be deemed to be a ,a'istrate for purpose of
122
4sub-?ection= (9)"
12
4
1@
4(!) The 0ourt shall, on ta%in' co'ni<ance of a case, proceed with the trial from
day-to-day and shall decide the case within seven days, failin' which the matter shall be brou'ht
to the notice of the 0hief Hustice of the >i'h 0ourt concerned for appropriate directions, %eepin'
in view the facts and circumstances of the case"=
11
4(2) An Anti-Terrorism 0ourt shall not 'ive more than two
1#
4ad(ournments durin' the
trial of the case and that also imposition of exemplary costs=" If the defense counsel does not
appear after two consecutive ad(ournments, the 0ourt may appoint a ?tate 0ounsel with at least
seven years standin' in criminal matters for the defense of the accused from the panel of
advocates maintained by the 0ourt for the purpose in consultation with the 1overnment and shall
proceed with the trial of the case="
178
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
179
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
180
?ubs by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#
181
?ubs by 7rdinance -o" ;III of 1 dated #!"@2"1, ?"#
182
?ub-section (6) omitted by 7rd" ;;;I; of #@@1 dated 19-@2-#@@1"
183
?ubs by 7rd" ;III of 1 dated #!"@2"1, s"#"
184
Inserted by 7rd" 3I of #@@# dated &1-@1-#@@#"
185
?ubs by 7rd" ;III of 1 dated #!"@2"1, s"#"
186
Inserted by Amendment 7rd" 3I of #@@# dated &1-@1-#@@#"
187
?ubs by 7rd" ;III of 1 dated #!"@2"1, s"#"
188
?ubstituted for *sub-section (6) and+ by 7rd" ;;;I; of #@@1 dated 19-@2-#@@1"
189
?ubs by 7rd" ;;;I; of #@@1 dated 19-@2-#@@1"
190
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
191
?ub Q section (2) substituted by Act II of #@@9 dated 11"@1"#@@9" at the time of substitution the said sub section was as under:
(2) An Anti Terrorism 0ourt shall not ad(ourn any trial for any purpose unless such ad(ournment is, in its opinion, necessary in the interest of (ustice
and no ad(ournment shall, in any case, be 'ranted for more than two wor%in' days"
192
?ubstituted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
1&
4(2a) -on-compliance with the provisions of sub-section
16
4(!) or= (2) may render
the presidin' officer of the court liable to disciplinary action by the concerned >i'h 0ourt"
(2-b) -otwithstandin' anythin' contained in section ! of the 5xplosive ?ubstances Act,
1@2 (3I of 1@2), or any other law for the time bein' in force, if the consent or sanction of the
appropriate authority, where reAuired, is not received within thirty days of the submission of
challan in the court, the same shall be deemed to have been 'iven or accorded and the court
shall proceed with the trial of the case="
()"
19
An Anti-Terrorism 0ourt shall not, merely by reason of a chan'e in its composition
or transfer of a case under sub-section (1) of ?ection 1@, be bound to recall and re-hear any
witness who has 'iven evidence and may act on the evidence already recorded"
18
4(1@) Any accused person may be tried in his absence if the Anti-Terrorism court, after
such inAuiry as it deems fit, is satisfied that such absence is deliberate and brou'ht about with a
view to impedin' the course of (ustice:
$rovided that the accused person shall not be tried under this sub-section unless a
proclamation has been published in respect of him in at least
1!
4In one daily newspaper includin'
?indhi lan'ua'e= reAuirin' him to appear at a specified place within seven days failin' which
action may also be ta%en a'ainst him under section 22 of the 0ode:
$rovided further that the 0ourt shall proceed with the trial after ta%in' the necessary steps
to appoint an Advocate at the expense of the ?tate to defend the accused person who is not
before the 0ourt"
E'+lanation0--- An accused who is tried in his absence under this sub-section shall be
deemed not to have admitted the commission of any offence for which he has been char'ed"
(11) The Advocate appointed under the second proviso to sub-section (1@) shall be a
person selected by the
12
4Anti- Terrorism 0ourt= for the purpose and he shall be en'a'ed at the
expense of the 1overnment"
1
4(11-A) -otin' contained in sub-section (1@) or sub-section (11) shall be construed to
deny the accused the ri'ht to consult or be defended by a le'al practitioner of his own choice="
(1#) If, within sixty days from the date of his conviction, any person tried under sub-
section (1@) appears voluntarily, or is apprehended and brou'ht before
#@@
4The Anti- Terrorism
0ourt), and proves to its satisfied that he did not abscond or conceal himself for the purpose of
avoidin' the proceedin' a'ainst him, the
#@1
4Anti-Terrorism 0ourt= shall set aside his conviction
and proceed to try him in accordance with law for the offence with which he is char'ed:
$rovided that the
#@#
Anti-Terrorism 0ourt may exercise its powers under this sub-section in
a case in which a person as aforesaid appears before it after the expiration of the said period and
satisfied it that he cold not appear within the said period by reason of circumstances beyond his
control"

#@&
4(1&) xxxxxxxxxxxxxxxx=
(16) ?ub(ect to the other provisions of this Act, an
#@6
4Anti-Terrorism 0ourt= the purpose of
trial of any offence have all the powers of a 0ourt of sessions and shall try such offence as if it
were 0ourt of ?essions as far as may be in accordance with the procedure proscribed in the 0ode
for trial before a 0ourt of ?essions"
#@9
419A0 Moe o$ "a3in) %ear!he% an arre%t0---The provisions of the 0ode, except that of
section I @&, shall mutatis mutandis apply to all searches and arrest by police officer and an
officer of eAuivalent ran% of the law enforcement a'encies made under this Act"=
193
?ub sections (2a) and (2b) inserted by Act II of #@@9 dated 11"@1"#@@9"
194
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
195
?ubstituted by 7rdinance -7" ;III of 1 dated #!"@2"1, s"#"
196
?ubs Qsection (1@) substituted by 7rd" ;III of 1"
197
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
198
?ubs by 7rd" ;III of 1 dated #!"@2"1, ?"#"
199
Inserted by 7rd" ;III of 1 dated #!"@2"1"
200
?ubs by 7rd" ;III of 1 dated #!"@2"1, ?"#"
201
?ubs by 7rd" ;III of 1 dated #!"@2"1, ?"#"
202
?ubs by 7rd" ;III of 1 dated #!"@2"1, ?"#"
203
?ub-section (1&) omitted by Amendment 7rd" ;;;I; of #@@1"
204
?ubs by 7rd" ;III of 1 dated #!"@2"1, s"#"
205
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
#@8
41910 .re-trial %!r/tin40E Cefore commencement of the trial, the prosecutor shall
scrutini<e the case file to ensure that tall pre-trial formalities have been completed so that the
actual trial proceeds uninterrupted form day-to-day"=
CA7
CA0 4xxxxxxxxxxxxxxx=
CA5
&C10 .rote!tion o$ 9/)e%,
CA9
&'''''''''( Co/n%el ./2li! .ro%e!/tor, =itne%%e% an
.er%on% !on!erne ,ith Co/rt .ro!eein)%0E (1) The 0ourt may, sub(ect to the availability of
resources, ma%e such necessary orders or ta%e such measures, as it deems fit, within available
resources, for the protection of a witness, (ud'e,
#1@
4xxx= public prosecutor, counsel and other
persons concerned in proceedin's for an offence under this act, which may also include the
followin' measures:
(% $roceedin's may be held in camera, or under restricted entry of members of the
public, where necessary for the protection of the *(ud'e+,
#11
4xxx= witnesses or a
victimDs family members or to prevent persons from crowdin' or stormin' the 0ourt
to intimidate the (ud'e
#1#
4xxx= or to create a threatenin' atmosphere)
(b The names of (ud'es,
#1&
4xxx=, counsel, public prosecutor, witnesses and persons
concerned with 0ourt proceedin's shall not be published) and
(! Eurin' any inAuiry, investi'ation or 0ourt proceedin's, whenever the matter of the
identification of the accused arises, adeAuate protection shall be provided to a
witness identifyin' any accused, in order to protect the identity of the witness from
the accused"
(#) .or purposes of protection of the (ud'es,
#16
4xxxxx=, accused, witnesses, prosecutors
and defence counsel and anyone concerned with the 0ourt proceedin's, the 1overnment may
adopt such other measures as may be appropriate or may be proscribed
#19
4 and the armed forces
shall also provide comprehensive protection and security to the (ud'es,
#18
4 B B B= accused,
witness, prosecutors investi'ators, defence counsel and all those concerned in the court
proceedin's"=
#1!
4These measures may include the followin', namely:J
(a) screens may be used durin' trial to shield witnesses, Hud'es and $rosecutors from
public view)
(b) trial may be held in (ail premises or throu'h video lin%)
(c) witness protection pro'rammes may be established by the 1overnment throu'h law
or rules"
The $rovincial 1overnment shall ta%e necessary steps to ensure that prisoners in
Hails do not have access to mobile phones"=
(&) The 1overnment shall extend protection to a (ud'e,
#12
4xxx=, a counsel, public
prosecutor and the witnesses durin' investi'ation of a offence and proceedin's under this Act,
and thereafter, as may be considered necessary"=
#1
4(6) The provisions of this section shall have effect notwithstandin' anythin' contained in
any other law for the time bein' in force, includin' the Panun-e-?hahdat, 126 ($" 7" -o" 1@ of
126)"=
CCA
&C1-A0 Coron% $or Terrori%t In*e%ti)ation0E (1) An area is a cordoned area for the
purposes of a terrorist investi'ation under this Act, if it is so desi'nated under this section"
206
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
207
?ection #@ omitted by 7rd" ;;;I; of #@@1 dated 19-@2-#@@1"
208
?ection #1 subs by 7rdinance -o" ;;;I; of #@@1 dated 19-@2-#@@1"
209
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
210
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
211
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
212
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
213
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
214
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
215
Inserted by ordinance -o" 3I of #@@#, dated &1"@1"#@@#
216
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
217
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
218
7mitted by ordinance -o" 0;;;I3 of #@@#, dated #&"11"#@@#
219
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
220
Inserted by ordinance -o" ;;;I; of #@@1, dated 19"@2"#@@1"
(#) A desi'nation may be made only by an officer not below the ran% of a
##1
Eeputy
?uperintendent of $olice if he considers it expedient for the purposes of a terrorist investi'ation"
(&) If a desi'nation is made orally, the officer ma%in' it shall confirm it in writin', as
soon as is reasonably practicable"
(6) The officer ma%in' a desi'nation shall arran'e for the demarcation of the cordoned
area, so far as is reasonably practicable"
(9) An area may be desi'nated a cordoned area for a maximum period of fourteen
days, which may be extended in writin' from tome to time, with each extension specifyin' the
additional period:
$rovided that a desi'nation shall have no effect after #2 days be'innin' with the day on
which it was made"
(8) :here a person %nows or has reasonable cause to suspect that a terrorist
investi'ation is bein' conducted or is proposed to be conducted, a person commits an offence if
he----
(a) discloses to another, or others, anythin' which is li%ely to pre(udice an investi'ation)
or
(b) interferes with material which is li%ely to be relevant to an investi'ation"
(!) :hosoever, commits an offence under sub-section(8) shall be liable on conviction to
imprisonment for a term not less than six months and not exceedin' two years, and fine"
(2) It is a defence for a person char'ed with an offence under sub-section (8) to proveJ
(a) that he did not %now and had no reasonable cause to suspect that the disclosure or
interference was li%ely to affect a terrorist investi'ation) or
(b) that he had reasonable excuse for the disclosure or interference"
() .or the purposes of this section---
(a) a reference to conductin' a terrorist investi'ation includes a reference to ta%in' part
in the conduct of) or assistin', terrorist investi'ation) and
(b) a person interferes with any material if he falsifies, it, conceals it, destroys it or
disposes of it, or if he causes or permits another to do any of these thin's"
C1-10
CCC
Terrori%t in*e%ti)ation0E (1) A policeman in uniform,
##&
4or a member of a Hoint
Investi'atin' Team= may----
(a) order a person in a cordoned area to leave immediately,
(b) order a person immediately to leave the premises which are wholly or partly in or
ad(acent to a cordoned area,
(c) order the driver or person in char'e of a vehicle in a cordoned area to move it from
the area immediately,
(d) arran'e for the removal of a vehicle from the cordoned area,
(e) arran'e for the movement of a vehicle within a cordoned area,
(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles,
(') enter ad search any premises in a cordoned area if he suspects anyone concerned
with terrorism is hidin' there,
(h) search and arrest any person he reasonably suspects to be a person concerned in
terrorism:
$rovided that any search of a person shall be done by a $olice person of the same sex) or
(i) ta%e possession of any property in a cordoned area he reasonably suspects is li%ely to
be used for the purposes of terrorism"
C10
CCB
C-Trainin)0E (1) :eapons Trainin': A person commits an offence if he provides,
without valid authori<ation from the competent authority, any instruction or trainin' in the ma%in'
or use ofJ
221
?ubstituted for the word *E?$+ by ordinance -7" 3I of #@@#
222
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1
223
Inserted by 7rd" 3I of #@@#, dated &1"@1"#@@#"
224
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1"
(a) fire-arms)
(b) 5xplosives) or
(c) 0hemical, biolo'ical, and other weapons"
(#) A $erson commits an offence if he provides without valid authori<ation from the
competent authority and instruction or trainin' to any child sub-section (1) and, on conviction,
shall be liable to a term of imprisonment of not less then ten years and fine"
(&) A person commits an offence if he receives instruction or trainin' from anyone,
without valid authori<ation from the competent authority, to 'ive such instruction or trainin' or
invites another, specifically or 'enerally, to receive such unauthori<ed instruction or trainin' in the
ma%in' or use of--:
(a) fire-arms)
(b) 5xplosive) or
(c) 0hemical, biolo'ical, and other weapons"
(6) A child commits an offence if he provides, without valid authori<ation from the
competent authority, any instruction or trainin', or if he receives such unauthori<ed instruction or
trainin' or invites another, specifically or 'enerally, to receive such unauthori<ed instruction or
trainin' in the ma%in' or use ofJ
(a) fire-arms)
(b) explosive) or
(c) chemical, biolo'ical, and other weapons"
(9) A child 'uilty of an offence under sub-section (6) shall be liable on conviction to
imprisonment for a term not less than six months and not exceedin' five years"
(8) A person 'uilty of an offence under sub-section (1) and (&) shall be liable on
conviction to imprisonment for a term not exceedin' ten years, or fine or with both
(!) Trainin) in Terrori%"-- (a) A person commits an offence if he provides, 'enerally
or specifically, any instruction or trainin' in acts to terrorism"
(b) A person commits an offence if he receives any instruction or trainin' in acts of
terrorism or invites another, specifically or 'enerally, to receive such instruction or
trainin'"
(c) A person 'uilty of an offence under sub-sections (a) and (b) shall, on conviction,
be liable to imprisonment of either description for a term of not less one year and not
more than then years and fine"
(d) A person is 'uilty of an offence if he provides any instruction or trainin' in acts of
terrorism to a child, and on conviction, shall be liable on conviction to imprisonment
of either description for a term less than one year and not more than ten years and
fine"
(e) A child commits an offence if he provides 'enerally or specifically, any instruction or
trainin' in acts of terrorism, and on conviction, shall be liable to imprisonment for a
term not less than six months and not more than five years"
(f) A child commits an offence if he receives, 'enerally or specifically, instructions or
trainin' in acts of terrorism, and on conviction, shall be liable to imprisonment for a
term not less than six months and not more than five years"
(2) A court by which a person is convicted of an offence under this section, may order
the forfeiture of any thin' or property which it considers to have been in the personDs possession
for purposes connected with the offence, after 'ivin' any person, other than the convicted person,
who claims to be the owner or is otherwise interested, an opportunity of bein' heard"
C1-#0
CCF
1ail0E (1) -otwithstandin' the provisions of sections 6&,61,68,6!,62,62-A and
981-A of the 0ode, no court, other than an Anti-Terrorism 0ourt , a >i'h 0ourt, or the ?upreme
0ourt of $a%istan, shall have the power o (urisdiction to 'rant bail to or otherwise release an
accused person in a case triable by an Anti-Terrorism 0ourt0
(#) All offences under this Act punishable with death or imprisonment
##8
4B B B B B= not
exceedin' three years shall be non-bailable:
$rovided that if there appear reasonable 'ourds for believin' that any person, accused of
non-bailable offence has been 'uilty of an offence punishable with death or imprisonment for life
or imprisonment for not less than ten years, such person shall not be released on bail"
(&) ?ub(ect to sub-section (#), the 0ourt may admit a person to bail, unless satisfied that
there are sub-sectional 'rounds for believin' that the person, if released on bail (whether sub(ect
to conditions or not), would--
225
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1
226
The word *notD omitted and shall be deemed be deemed always to have been so omitted by ordinance -o" 3I of #@@# dated &1"@1"#@@#"
(a) fail to surrender to custody)
(b) 0ommits an offence while on bail)
(c) Interfere with a witness) otherwise obstruct or attempt to obstruct the course of
(ustice, weather in relation to himself another person) or
(d) fail to comply with the conditions of release (if any)"
(6) In exercisin' its powers in relation to a person see%in' bail under this Act, the court
shall have re'ard to such of the followin' considerations (as well as to any others which it
considers relevant)--
(a) the nature and seriousness of the offence with which the person is char'ed)
(b) the character, antecedents, associations and community ties of the person)
(c) the time which the person has already spent in custody and the time which he is
li%ely to spend in custody if he is not admitted to bail) and
(d) the stren'th of the evidence of his havin' committed the offence"
(9) without pre(udice to any other power to impose conditions on admission to bail, the
0ourt admittin' a person to bail under this section may impose such conditions as it considers-
(a) li%ely to result in the personDs appearance at the time and place reAuired,
##!
4includin' very hi'h bail sureties= or
(b) necessary in the interests of (ustice or for the prevention of crime"
##2
4includin'
surveillance of the person 'ranted bail to monitor his activities and reAuirin' him to
report to the concerned police station at specified intervals as determined by the
court=
(8) It shall be lawful for the person to be held in military or police protective custody in
accordance with the conditions of his bail"
(!) The 1overnment or the 0ourt may, under this section, at any time, in respect of a
person char'ed of an offence under this Act, if it considers necessary, by special or 'eneral order,
direct special arran'ements to be made as to the place at which the person is to be held in order
J
(a) to prevent his escape) or
(b) to ensure his safety or the safety of others"
C1
CC9
E0 Re"an0E (1) where a person is detained for investi'ation, the investi'atin' officer,
within twenty -four hours of the arrest, excludin' the time necessary for the (ourney from the place
of arrest to the court, shall produce the accused before the 0ourt, and may apply for remand of
the accused to police custody,
#&@
4or custody of any other investi'atin' A'ency (oined in the
investi'ation= for which the maximum period allowed may be
#&1
4not less
#&#
4fifteen days and not
more= than thirty days at one time=:
$rovided that, where an accused cannot within twenty-four hours be produced before the
0ourt, a temporary order for police custody,
#&&
4or custody of any other investi'atin' A'ency
(oined in the investi'ation= not exceedin' twenty-four hours may be obtained from the nearest
,a'istrate for the purpose of producin' the accused before the 0ourt within that period"
(#) -o extension of the time of the remand of the accused in police custody,
#&6
4or
custody of any other investi'atin' a'ency (oined in the investi'ation= shall be allowed, unless it
can be shown by the Investi'atin' 7fficer, to the satisfaction of the 0ourt that further evidence
may be available and the 0ourt is satisfied that no bodily harm has been or will be caused to the
accused:
$rovided that the total period of such remand shall not exceed
#&9
4ninety= days"
(&) The 0ourt shall be deemed to be a ,a'istrate for purposes of sub-section (1)
#&8
4:=
227
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
228
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
229
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1
230
Inserted by 7rd" 3I of #@@#, dated &1"@1"#@@#"
231
?ubstituted by 7rdinance I of #@1@, dated @1"@#"#@1@
232
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1&dated #8"@&"#@1&
233
Inserted by 7rd" 3I of #@@#, dated &1"@1"#@@#"
234
Inserted by 7rd" 3I of #@@#, dated &1"@1"#@@#"
235
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
236
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
#&!
4$rovided that the ,a'istrates appointed under the ?hariah -i<am-e-Adl /e'ulation,
#@@ shall also have the same powers as 'iven to a court under this section"=
#&2
4C1EE .o,er to !all in$or"ation et!0--- (1) The ?uperintendent of $olice durin' the
course of investi'ation For an eAuivalent officer of security forces operatin' in aid of civil
power under section 6 and %, may by an order in writin', on the reAuest of the Hoint
Investi'ation Team,-
(a) call for information from any person for the purpose of satisfyin' himself whether
there has been any contravention of the provisions of this Act or any rule or order
made there under)
(b) reAuire any person to produce or deliver any document or thin' useful or relevant to
the inAuiry or investi'ation)
(c) examine any person acAuainted with the facts)
(d with the permission of the Anti-Terrorism 0ourt, reAuire any ban% of financial
institution, notwithstandin' anythin' contained in any other law for the time bein' in
force, to provide any information relatin' to any person, includin' copies of entries
made in the ban%Ds or a financial institutionDs boo%, includin' information of
transactions saved in electronic or di'ital form which are reasonably believed to be
connected with commission of an offence under this Act and the %eeper of such
boo%s or records shall be obli'ed to certify the copies in accordance with law) and
(e) reAuire information or obtain record of telephone and mobile phone date, e-mail,
,,? and, 0-I0 and encrypted messa'es or any other information suspected to be
lin%ed in any manner with commission of an offence under this Act, from any service
provider company of department"
(#) The copies obtained, information received or evidence collected in pursuance of
clause (d) and (e) of sub-section (1) shall be %ept confidential and shall not be divul'ed to any un-
authori<ed person or used for any purpose other than the le'al proceedin's under this Act"
(&) Any contravention of an order made under sub-section (1) shall be punishable with
imprisonment which may extend to two years or with fine which may extend to one hundred
thousand rupees or with both"=
C1-F0
C?9
Re"i%%ion%0E -otwithstandin' anythin' contained in any law or prison rules for the
time bein' in force, no remission in any sentence shall be allowed to a person,
#6@
4BBB= who is
convicted and sentenced for any offence under this Act,
#61
4BBB=
#6#
4:=
#6&
4$rovided that in case of a child convicted and sentences for an offence under this Act, on
satisfaction of 'overnment, may be 'ranted remission, as deemed appropriate"=
C1-80
CBB
Trial o$ o$$en!e%0E All offences under this Act shall be tried
#69
4exclusively= by the Anti-
Terrorism 0ourt established under this Act
#68
4:=
#6!
4$rovided that the 0ourts of Rila Pa<i or A<afi Rila Pa<i established under the ?hariah
-i<am-e-Adl /e'ulation, #@@ shall deemed to be the court and shall try all cases so assi'ned to
them by the administrative (ud'e desi'nated under sub-section (#) or sub-section (6) of section 1&, as
the case may be"=
C1-H0
CB5
Conitional a"i%%i2ilit4 o$ Con$e%%ion0E -otwithstandin' anythin' contained in the
Panoon-e-?hahdat, 126 ($residentDs 7rder -o" 1@ of 126) or any other law for the time bein' in
force, where in any court proceedin's held under this Act the evidence (which includes
237
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
238
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
239
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1"
240
7mitted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
241
7mitted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
242
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
243
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
244
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1"
245
Inserted by Act II of #@@9, dated 11"@1"#@@9
246
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
247
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
248
Inserted by ordinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
circumstantial and other evidence) produced raises the presumption that there is a reasonable
probability that the accused has committed the offence, any confession made by the accused
durin' investi'ation without bein' compelled, before a police office not below the ran% of a
?uperintendent of $olice, may be admissible in evidence a'ainst him, if the 0ourt so deems fit:
$rovided that the ?uperintendent of $olice before recordin' any such confession, had
explained to the person ma%in' it that he is not bound to ma%e a confession and that it he does so
it may be used as evidence a'ainst him and that no ?uperintendent of $olice has recorded such
confession unless, upon Auestionin' the person ma%in' it, the ?uperintendent of $olice had
reason to believe that it was made voluntarily) and that when he recorded the confession, he
made a memorandum at the foot of such recorded to the followin' effect)
*I have explained to (name), that he is not bound to ma%e a confession and that, if he does
so, any confession he may ma%e may be used as evidence a'ainst him and I believe that
this confession was voluntarily made" It was ta%en in my presence, and was read over to
the person ma%in' it and admitted by him to be correct, and it contains a full and true
account of the statement made by him"
C1-I0
CB9
Ai an a2et"ent0E whoever aids or abets any offence, under this Act shall be
punishable with the maximum term of same imprisonment provided for the offence or the fine
provided for such offence or with both"
C1-90
CFA
Har2o/rin)0E (1) A person commits an offence if he harbours any person who has
committed an offence under this Act"
(#) A person 'uilty of an offence under sub-section (1) shall be liable on conviction to
punishment as provided in sections #18 and #18-A of the $a%istan $enal 0ode (Act ;K3 of 128@)"
C1-:0 O$$en!e% tria2le 24 ,a4 o$ %/""ar4 +ro!e/re0E All offences under this Act
punishable with imprisonment for a term of not more than six months with or without fine shall be
tried by way of summary procedure"
C1-;
CF1
./ni%h"ent $or an A2%!oner0E :hoever bein' accused of an offence under this Act,
absconds and avoids arrest or evades appearance before any inAuiry, investi'ation or 0ourt
proceedin's or conceals himself, and obstructs the course of (ustice, shall be liable to
imprisonment for a term not less than
#9#
4five years= and not more than
#9&
4ten years= or with fine or
with both"
C1-M0
CFB
9oint Trial0E (1) :hile tryin' any offence under this Act, a 0ourt may also try and other
offence which an accused may, under the 0ode of 0riminal $rocedure, 122, be char'ed, at the
same trial if the offence is connected with such other offence"
(#) If, in the course of any trial under this Act of any offence it is found that the accused
person has committed any other offence under this Act or any other law for the time bein' in fore,
the 0ourt may convict an accused for such other offence and pass any sentence authori<ed by
this Act or, as the case may be, such other law, for the punishment thereof"=
CC0 Manner an .la!e o$ E'e!/tion o$ Senten!e0E the 1overnment may specify the
manner, mode and place of execution of any sentence passed under this Act, havin' re'ard to
the deterrent effect which such execution as is li%ely to have"
C?0 .o,er to tran%$er !a%e% to re)/lar Co/rt%0E :here after ta%in' co'ni<ance of an
offence, an
#99
4Anti-Terrorism 0ourt= is of opinion that the offence is not a scheduled offence, it
shall, notwithstandin' that it has no (urisdiction to try such offence, transfer the case for trial of
such offence to any court havin' (urisdiction under the 0ode, and the 0ourt to which the case is
transferred may proceed with the trial of the offence as if it had ta%en co'ni<ance of the offence"
CB0
CF@
4xxxxxxxxxxxxxxx="
CF0 A++eal0E (1) an appeal a'ainst the final (ud'ment of an
#9!
4Anti Terrorism 0ourt= shall lie
to
#92
4a >i'h 0ourt="
249
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1"
250
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1
251
Inserted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1
252
?ubs" for the words *six months+ by Act II of #@@9 dated 11"@1"#@@9"
253
?ubs" for the words *five years+ by Act II of #@@9 dated 11"@1"#@@9"
254
Inserted by 7rdinance -o" ;;;I; of #@@1 dated 19"@2"#@@1"
255
.or the word *?pecial 0ourt+ , *a special 0ourt+ or the special 0ourt+ wherever occurrin' the word *Anti Terrorism 0ourt+, *an anti terrorism
0ourt+ or *the Anti Terrorism 0ourt: substituted by 7rdinance -7" ;III of 1 dated #!"@2"1,?"#"
256
?ection #6 7mitted by 7rd" ;III of 1 and w"e"f" #!"@2"1"
257
?ubstituted by 7rdinance -o" ;III of 1, s,#"
258
?ubstituted by 7rdinance -o" ;III of 1, s,#"
(#) 0opies of the Hud'ment of
#9
4Anti Terrorism 0ourt= shall be supplied to the accused
and the public prosecutor free of cost on the day the (ud'ment is pronounced and the record of
the trial shall be transmitted to the
#8@
*>i'h 0ourt+ within three days of the decision"
(&) An appeal under sub-section (1) may be preferred by a person sentenced by an
#81
4Anti Terrorism 0ourt= to
#8#
4a >i'h 0ourt= within
#8&
4fifteen= days of the passin' of the sentence"
(6) The Attorney 1eneral
#86
4Eeputy Attorney 1eneral, ?tandin' 0ounsel or an
Advocate 1eneral=
#89
4or an advocate of the >i'h 0ourt or the ?upreme 0ourt of $a%istan
appointed as public prosecutor, Additional $ublic $rosecutor or a ?pecial $ublic $rosecutor= may,
on bein' directed by the .ederal or a $rovincial 1overnment, file an appeal a'ainst an order of
acAuittal or a sentence passed by
#88
4an Anti-Terrorism 0ourt within
#8!
4thirty= days of such order"
#82
4(6-A) Any person who is a victim or le'al heir of a victim and is a''rieved by the
order of acAuittal passed by an Anti Terrorism 0ourt, may, within thirty days, file an appeal in >i'h
0ourt a'ainst such order"
(6-C) If an order of acAuittal is passed by an Anti Terrorism court in any case instituted
upon complaint and the >i'h 0ourt, on an application made to it by the complainant in this behalf,
'rant special leave to appeal from the order of acAuittal, the complainant may within thirty days
present such an appeal to the >i'h 0ourt"=
(9) An appeal under this section shall be heard and decided by
#8
a >i'h 0ourt
Appellate Tribunal within seven wor%in' days"
8)
#!@
4xxxxxxxxxx="
(!)
#!1
4xxxxxxxxxx="
(2) $endin' the appeal in
#!#
the >i'h 0ourt= shall not release the accused on bail"
4()
#!&
.or the purposes of hearin' appeals under this section each >i'h 0ourt shall
establish a ?pecial bench or Cenches consistin' of not less than two (ud'es"
(1@) :hile hearin' an appeal, the Cench shall not 'rant more than two consecutive
ad(ournments="
C@0
C7B
4xxxxxxxxxx= "
C70 ./ni%h"ent $or e$e!ti*e in*e%ti)ation
C7F
&an re,ar $or %/!!e%%$/l in*e%ti)ation(0
E
#!8
4(1)= if an
#!!
4Anti-Terrorism 0ourt= or
#!2
4a >i'h 0ourt= comes to the conclusion durin' the
course of or at the conclusion of the trial that the investi'ation officer, or other concerned officers
have failed to carry out of investi'ation properly or dili'ently or have failed to pursue the case
properly and in breach of their duties, it shall be lawful for such 0ourt or as the case may be,
#!
4a
>i'h 0ourt= to punish the delinAuent officers with imprisonment which may extend to two years, or
with fine, or with both by resort to summary proceedin's"
#2@
4(#) Incentive systems shall be introduced by the $rovincial 1overnments providin' for
appropriate rewards to investi'atin' officers who conduct successful investi'ation"=
259
?ubstituted by 7rdinance -o" ;III of 1, s,#"
260
?ubstituted by 7rdinance -o" ;III of 1, s,#"
261
?ubstituted by 7rdinance -o" ;III of 1, s,#"
262
?ubstituted by 7rdinance -o" ;III of 1, s,#"
263
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
264
Inserted and shall be deemed to have been so inserted for the date of commencement of the said Act by 7rdinance -o" ;I; of #@@@"
265
Inserted and shall be deemed to have been so inserted for the date of commencement of the said Act by 7rdinance -o" ;I; of #@@@"
266
?ubstituted by 7rdinance -o" ;III of 1, s,#"
267
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
268
?ub-sections (6a) added and (6b) inserted by Act of #@@6, dated &@-11-#@@6"
269
?ubs by 7rdinance -o" ;III of 1, s"#"
270
7mitted by 7rdinance -o" ;III of 1 dated #!"@2"1"
271
7mitted by 7rdinance -o" ;III of 1 dated #!"@2"1"
272
?ubstituted by 7rdinance -o" ;III of 1, s,#"
273
?ubs by 7rdinance -o" ;III of 1, s"#"
274
?ection #8 omitted by 7rdinance ;III of 1 dated #!"@2"1"
275
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
276
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
277
.or the word *?pecial 0ourt+, *a ?pecial 0ourt+ or *the ?pecial 0ourt+ wherever occurrin' the word *Anti Terrorism 0ourt+, *an Anti Terrorism
0ourt+ or *the Anti Terrorism 0ourt+ substituted by 7rdinance -o" ;III of 1 dated #!-@2-1, s"#
278
?ubs by 7rd" ;II of 1, ?"#"
279
?ubs by 7rd" ;II of 1, ?"#"
280
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
#21
4C7A .re%/"+tion o$ +roo$ a)ain%t a!!/%e0--- Any person havin' in possession any
explosive substance with or without explosive devices without lawful (ustification or havin' been
unlawfully concerned with such explosive substance and devices, shall be presumed, unless
contrary is proved, that the explosive substance was for the purpose of terrorism "=
#2#
4C7AA0 ./ni%h"ent $or $al%e i"+li!ation0E :here an investi'atin' officer dishonestly
and falsely involves, implicates or arrests a person alle'es to have committed any scheduled
offence shall be punishable with imprisonment for a term which may extend to two years or with
fine or with both:
$rovided that action a'ainst such investi'atin' officer shall not be ta%en without the prior
approval of the 1overnment"
C710 Con*i!tion on the 2a%i% o$ ele!troni! or $oren%i! e*ien!e et!0E -otwithstandin'
anythin' contained in this Act or Panun-e-?hahdat 7rder, 126 ($" 7" -o" 1@ of 126) or any
other law for the time bein' in force, a person accused of an offence under this Act may be
convicted on the basis of electronic or forensic evidence or such other evidence that may have
become available because of modern devices or techniAues referred to in Article 186 of the
Panun-e-?hahadat 7rder, ($"7" -o" 1@ of 126):
$rovided that the 0ourt is fully satisfied as to the 'enuineness of such evidence"=
C50 Tran%$er o$ !a%e%0E (1) -otwithstandin' anythin' in this Act
#2&
4the 0hief Hustice of >i'h
0ourt concerned
#26
4on the application of any party to the proceedin's or on the application of the
.ederal 1overnment or a $rovincial 1overnment= may, if he= considers it expedient so to do in the
interest of (ustice, or where the convenience or safety of the witnesses or the safety of the
accused so reAuires, transfer any case from one
#29
Anti-Terrorism 0ourt to another
#28
Anti-
Terrorism 0ourt within or outside the area"
#2!
4(1A) :here it appears to the 1overnment that it would be in the interest of (ustice
or expedient for protection and safety of (ud'es, witnesses or prosecutors, it may apply to the
0hief Hustice of the >i'h 0ourt concerned for transfer of a case from, an Anti-terrorism 0ourt
fallin' within its (urisdiction to an Anti-terrorism 0ourt in any other place in $a%istan and for this
purpose shall also see% concurrence of the 0hief Hustice of the >i'h 0ourt concerned"=
(#) An
#22
4Anti-Terrorism 0ourt= to which a case is transferred under sub-section (1)
shall proceed with the case from the sta'e at which it was pendin' immediately before such
transfer and it shall not be bound to recall and re-hear any witness who has 'iven evidence and
may act on the evidence already recorded
#2
4
$rovided that nothin' herein contained shall affect the powers of the presidin' officer of the
?pecial 0ourt to call any witness as is available under the law"=
#@
4(&) The .ederal 1overnment may in the interest of (ustice and for protection and safety
of witnesses and investi'ators, transfer the investi'ation of any case fromD one place to any other
place in $a%istan"
(6) The investi'atin' officer or the a'ency to which case is transferred under sub-
section (&), may proceed form the sta'e the inAuiry or investi'ation was left or may proceed with
the case as if it had been ori'inally entrusted to him or the a'ency, as the case may be"
(9) 7n completion of investi'ation and before submission of report under section 1!& of
the 0ode, the .ederal 1overnment may direct that the case fallin' in the (urisdiction of a particular
anti-terrorism 0ourt may be forwarded for trial to another Anti-terrorism 0ourt anywhere in
$a%istan, as may be specified by the .ederal 1overnment in this behalf, in the public interests or
for the safety and protection of (ud'es, public prosecutors or witnesses"=
C91
&C5-A0 Impoundin' of passport of person char'e-sheeted under the Act" -otwithstandin'
anythin' contained in any oilier law for the time bein' in force, the passport of a person, who is
281
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
282
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
283
?ubs for the *a >i'h 0ourt may, if it+ by Amendment 7rd" 3I of #@@#, dated &1-@1-#@@#"
284
Inserted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
285
?ubs by 7rd" ;III of 1, dated #!"@2"1, ?"#"
286
?ubs by 7rd" ;III of 1, dated #!"@2"1, ?"#"
287
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
288
?ubs by 7rd" ;III of 1, dated #!"@2"1, ?"#"
289
In section #2, in sub-section (#) the full stop at the end replaced by a colon and thereafter the proviso added by 7rdinance -7" ;III of 1
dated #!"@2"1"
290
Inserted by the Anti-Terrorism (Amendment) Act, #@16 (3I of #@16)
291
Inserted by Act II of #@@9 dated 11"@1"#@@9"
accused of an offence under this Act, shall be denied to have been impounded for such period as
the 0ourt may deem fit=
C90 Trial 2e$ore
C9C
&Anti-Terrori%" Co/rt( to ha*e +re!een!e0E A trial under this Act of an
offence by
#&
4Anti-Terrorism 0ourt=, and the appearance of an accused before it, shall have
precedence over the trail of any other case the accused in any other 0ourt, except the >i'h 0ourt
on its ori'inal side"
?A0 Moi$ie a++li!ation o$ !ertain +ro*i%ion% o$ the Coe0E (1) -otwithstandin' anythin'
contained in the 0ode or in any other law, every scheduled offence shall be deemed to be a
co'ni<able offence within the meanin' of clause (f) of section 6 of the 0ode and the words
*co'ni<able case+ as defined in that clause shall be construed accordin'ly"
(#) ?ections &!6 to &! of the 0ode shall apply in relation to a case involvin' a
scheduled offence sub(ect to the modification that the reference to a *0ourt of ?ession+ and *>i'h
0ourt+, wherever occurrin' therein, shall be construed as reference to an
#6
4Anti-Terrorism 0ourt=
and
#9
4a >i'h 0ourt="
#8
4(&)=
#!
4(6) xxxxxxxxxxxxxxxxxx=
?10 Finalit4 o$ >/)"ent0E A (ud'ment or order passed, or sentence awarded, by an
#2
4Anti-
Terrorism 0ourt=, sub(ect to the result of and appeal under this Act shall be final and shall not be
called in Auestion in any 0ourt"
?C0 O*erriin) e$$e!t o$ A!t0E (1) The provisions of this Act shall have effect notwithstandin'
anythin' contained in the 0ode or any other law but, save as expressly provided in this Act, the
provisions of the 0ode shall, insofar as they are not inconsistent with the provisions of this Act,
apply to the proceedin's before an
#
4Anti-terrorism 0ourt= and for the purpose of the said
provisions of the 0ode, an
&@@
4Anti-Terrorism 0ourt= shall be deemed to be 0ourt of ?essions"
(#) In particular and without pre(udice to the 'enerality of the provisions contained in
sub-section (1), the provisions of section &9@ of the 0ode shall, as far as may be, apply to the
proceedin's before an
&@1
4Anti-Terrorism 0ourt=, and for this purpose and reference in those
provisions to a ,a'istrate shall be construed as a reference certificate to an
&@#
4Anti-Terrorism
0ourt="
??0 #ele)ation 0E The 1overnment may, by notification, dele'ate, sub(ect to such conditions
as may be specified therein, all or any of the powers exercisable by it under this Act"
?B0 .o,er to a"en the %!he/le0E The 1overnment may, by notification, amend the
?A?
4
&@6
4?chedule== so as to add any entry there to or modify or omit any entry therein"
&@9
4?F0
?A@
.o,er to "a3e r/le% 0E The .ederal 1overnment or a $rovincial 1overnment may, by
notification in the official 1a<ette, ma%e rules for carryin' out the purposes of this Act"=
?@0 Sa*in)% 0E (1) -othin' contained in this Act shall affect the (urisdiction exercisable by, or
the procedure applicable to, any 0ourt or other authority under any law relatin' to the -aval,
,ilitary or Air .orces or any other armed force of the 1overnment"
(#) .or the removal of any doubt, it is herby declared that, for the purposes of any such
law as is referred to in sub-section (1),
&@!
4Anti-Terrorism 0ourt= shall be deemed to be a 0ourt of
ordinary criminal (urisdiction"
292
?ubs by 7rd" ;III of 1, dated #!"@2"1" ?"#"
293
?ubs by 7rd" ;III of 1, dated #!"@2"1" ?"#"
294
?ubs by 7rd" ;III of 1, dated #!"@2"1" ?"#"
295
.or the words *appellate Tribunal+, *an Appellate Tribunal+ or *the Appellate Tribunal+ wherever occurrin' the words *>i'h 0ourt,+ *a >i'h 0ourt+
or the >i'h 0ourt+ substituted by 7rdinance -o" ;III of 1, ?"#"
296
7mitted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1"
297
7mitted by 7rd" ;;;I; of #@@1, dated 19"@2"#@@1
298
?ubs for *a ?pecial 0ourt+ by ordinance -o" ;III of 1 dated #!"@2"1"
299
?ubs by 7rd" ;III of 1, dated #!"@2"1, ?"# dated #!"@2"1" ?"#
300
?ubs by 7rd" ;III of 1, dated #!"@2"1, ?"# dated #!"@2"1" ?"#
301
?ubs by 7rd" ;III of 1, dated #!"@2"1, ?"# dated #!"@2"1" ?"#
302
?ubs by 7rd" ;III of 1, dated #!"@2"1, ?"# dated #!"@2"1" ?"#
303
?ubs by 7rd" ;;;I; of #@@1 dated 19-@2-#@@1"
304
Substituted by the Anti-Terrorism (Amendment A!t" 2014 (#II o$ 2014
305
?ubstituted by The Anti-Terrorism (?econd Amendment) Act, ;; of #@1& dated #8"@&"#@1&
306
?ubs by 7rd" ;;I; of #@@@, dated #6-@!-#@@@"
307
?ubs by 7rd" ;III of 1, dated #!"@2"1" ?"#"
?A5
&?70 Conte"+t o$ Co/rt0E (a) An Anti-Terrorism 0ourt shall have the power to punish with
imprisonment for a term which may extend to six months and with fine any person who-
(a) Abuses, interferes with or obstructs the process of the 0ourt in any way or disobeys
any order or direction of the 0ourt)
(b) ?candali<es the 0ourt otherwise does anythin' which tends to brin' the 0ourt or a
person constitutin' the 0ourt into hatred, ridicule or contempt)
(c) Eoes anythin' which tends to pre(udice the determination of a matter pendin' or
most li%ely to come up before the 0ourt) or
(d) does anythin' which, by any other law, constitutes contempt of 0ourt"
E'+lanation0 In this section, *0ourt+ means 4Anti-Terrorism 0ourt="
?50 ./ni%h"ent $or terrori%t a!t !o""itte 2e$ore thi% 2e$ore thi% A!t0E :here a person
has committed an offence before the commencement of this Act which if committed after the date
on which this Act comes into force would constitute a terrorist act thereunder he shall be tried
under this Act but shall be liable to punishment as authori<ed by law at the time the offence was
committed"
?90 Ine"nit40E -o suit, prosecution or other le'al proceedin's shall lie, a'ainst any person
in respect of anythin' which is in 'ood faith done or intended to be done under this Act"
?A9
&?9-A0 Re"o*al o$ i$$i!/ltie%0E If any difficulty arises in 'ivin' effect to any provisions of this
Act, the .ederal 1overnment may ma%e such order, not inconsistent with the provisions of this
Act, as may appear to it to be necessary for the purposes of removin' the difficulty0
?1A
&?9-10 Re+eal an %a*in)%0E (1) The ?uppression of Terrorist Activities (?pecial 0ourts) Act,
1!9 (;3 of 1!9) is hereby repealed"
(#) -otwithstandin' the repeal of the ?uppression of Terrorist Activities (?pecial 0ourts)
Act, 1!9 (;3 of 1!9) and the amendment of the Anti-Terrorism Act, 1! (;;3II of 1!), by
the Anti-terrorism (Amendment) 7rdinance, #@@1"
(a) 5very order, decision or (ud'ment passed by any Anti-terrorism 0ourt constituted
under this Act or, ?pecial 0ourt constituted under the ?uppression of Terrorist
Activities (?pecial 0ourts) Act 1!9, or any Appellate 0ourt before such repeal or
amendment shall remain in force and operative and the repeal or amendment shall
not affect the previous operation of the law or anythin' duly done or suffered or
punishment incurred thereunder)
(b) 5ver case, appeal and le'al proceedin's whatsoever, filed or pendin' before any
0ourt under the ?uppression of Terrorist Actives (?pecial 0ourts) Act, 1!9,
Includin' the >i'h 0ourt and the ?upreme 0ourt shall continue to be proceeded with
in accordance with law before the concerned 0ourt of competent (urisdiction,
includin' the 0ourt established under this Act, and all orders passed, decisions
made and (ud'ments delivered whether in the past or which may be made delivered
hereafter by such concerned 0ourt whether ori'inal, appellate or revisional, shall be
deemed to have been validly and competently made)
(c) All convictions made, punishments or sentences awarded by the Anti-Terrorism
0ourt or ?pecial 0ourt or an Appellate 0ourt before such repeal or amendment shall
be executed as if the said Acts were in force)
(d) Any investi'ation or inAuiry under this Act or the ?uppression of terrorist Activities
(?pecial courts) Act, 1!9 made or instituted before the commencement of the Anti-
terrorism (amendment) 7rdinance, #@@1, shall continue to be made and proceeded
with in accordance with law)
(e) All cases pendin' before the Anti-terrorism 0ourt or ?pecial court immediately
before the commencement of the Anti-terrorism (Amendment) 7rdinance, #@@1, if
not covered by this act or clauses (a) and (b) above, shall stand transferred to the
respective 0ourts of ?essions of the area or such other 0ourts of competent
(urisdiction where the cases were re'istered a'ainst the accused and such 0ourts
shall proceed with the cases from the sta'e at which they were pendin', without the
necessity of recallin' any witnesses) and
308
?ubs by 7rd" ;III of 1, dated #!"@2"1" ?"#"
309
?ections &A inserted by Amendment 7rd" ;;;I; of #@@1, dated 16-@2-#@@1"
310
?ections &C inserted by Amendment 7rd" ;;;I; of #@@1 dated 16-@2-#@@1"
(f) The 0ourt of ?essions or as the case may be, any other 0ourt to which a case has
been transferred from the Anti-terrorism 0ourt or a ?pecial 0ourt under 0lause (d)
shall try it in accordance with the provisions of the 0ode of 0riminal $rocedure,
122 (Act 3 of 122), and the law applicable to such case"
BA0 A"en"ent o$ the Cri"inal ;a, A"en"ent A!t, 19A5 (XIV o$ 19A5)0E In the 0riminal
law Amendment Act, 1@2(;I3 of 1@2), the followin' amendments shall be made, namely-
(i) In section 19 clause (#) in sub-clause (a) for the words *violence or intimidation+ the
words *terrorist, stirrin' up sectarianism, violence or intimidation which endan'er or
threaten public order+ shall be substituted"
(ii) .or ?ection 18, the followin' shall be substituted namely:-
*(18) Eeclaration of an association to be unlawful---(1) If either the .ederal
1overnment or the $rovincial 1overnment is of the opinion that an association is an
unlawful association it may call upon the association to show cause within fourteen
days why it should not be declared as unlawful association for the purpose of this
Act"+
(#) If after hearin' the association, the .ederal 1overnment or the $rovincial
1overnment is of the opinion that the association is an unlawful association it may declare such
association to be an unlawful association"
(&) If the .ederal 1overnment or the $rovincial 1overnment is of the opinion that in the
interest of the maintenance of public order or to prevent in(ury to the people it is (ust and
necessary to ta%e immediate action, it may, pendin' passin' of order under sub-section (#), by an
ad interim order, declare an association to be unlawful"
(6) An association a''rieved by an order under sub-section (#) may file an appeal
before a Coard appointed by the 0hief Hustice of the >i'h 0ourt of the $rovince consistin' of a
0hairman and two other persons each of whom is or has been a Hud'e of the >i'h 0ourt"
(9) The Coard shall decide the appeal within thirty days and may pass such order as it
may deem fit"
(iii) In section 1!:
(i) In sub-section (1) for the words *six months+ the words *five years+ shall be
substituted) and+
(ii) In sub-section (#) for the words *three years+ the words *seven years+ shall
be substituted"
(iii) n sections 1!A, 1!E and 1!5, for the words *$rovincial 1overnment+
wherever occurrin' the words +.ederal 1overnment or the $rovincial
1overnment+ shall be substituted"
?11
&THE FIRST SCHE#-;E(
(Kist of $rescribed 7r'ani<ations)
4?ee ?ection 11-C=
--------------------------------------------------
THE SECON# SCHE#-;E
(Kist of 7r'ani<ation under 7bservation)
4?ee ?ection 11-E (1) and (a)=
------------------------------------------------------
THE THIR# SCHE#-;E
(?cheduled 7ffences)
?ee ?ection # (t)
(1) Any act of terrorism within the meanin' of this Act includin' those offences which may be
added or amended in accordance with the provisions of ?ection &6 of this Act"
(#) Any other offence punishable under this Act"
(&) Any attempt to commit, or any aid or abetment of, or any conspiracy to commit, any of the
aforesaid offences"=
&1#
4(6) :ithout pre(udice to the 'enerality of the above para'raph, the Anti-Terrorism 0ourt to the
exclusion of any other 0ourt shall try the offences relatin' to the followin', namely: -
311
In the Act for the *?chedule+ by first, ?econd and third schedule substituted by 7rd" -o" ;;;I; of #@@1 dated 12-@2-#@@1"
312
Added by Act II of #@@9 dated 11"@1"#@@9"
(i Abduction or %idnappin' for ransom)
(ii use of fire-arms or explosives by any device, includin' "bomb blast in a
mosAue, imambar'ah, church, temple or any other place of worship, whether or not
any hurt or dama'e is caused thereby) or
(iii firin' or use of explosives by any device, includin' bomb blast in the 0ourt
premises)=
(i'
&1&
4>urt caused by corrosive substance or attempt to cause hurt by means of
a corrosive substance) and
(' Lnlawful possession of an explosive substance or abetment for such an
offence under the 5xplosive ?ubstances Act, 1@2 (3I of 1@2)=
-------------------------------------
?1B
THE FO-RTH SCHE#-;E
&?ee ?ection 1 1-55="
&19
4THE FIFTH SCHE#-;E
4see section 8(&A)=
(% 0onvention for the ?uppression of Lnlawful ?ei<ure of Aircraft, done at The >a'ue
on the 18
th
Eecember, 1!@)
(b 0onvention for the ?uppression of Lnlawful acts a'ainst the ?afety 0onvention on
the $revention and $unishment of 0rimes a'ainst Internationally $rotected $ersons,
includin' diplomatic A'ents, adopted by the 1eneral Assembly of the Lnited -ations
on the 16
th
Eecember, 1!&)
(! 0onvention on the $revention and $unishment of 0rimes a'ainst Internationally
$rotected $ersons, includin' diplomatic A'ents, adopted by the 1eneral Assembly
of the Lnited -ations on the 16
th
Eecember, 1!&)
(d International 0onvention a'ainst the Ta%in' of >osta'es, adopted by the 1eneral
Assembly of the Lnited -ations on the 1!
th
Eecember, 1!"
(e $rotocol for the ?uppression of Lnlawful Acts of 3iolence at Airports ?ervin'
International 0ivil Aviation, supplementary to the 0onvention for the suppression of
Lnlawful Acts a'ainst the ?afety of 0ivil Aviation, done at ,ontreal on the #6
th
.ebruary, 122)
($ 0onvention for the suppression of Lnlawful Acts a'ainst the ?afety of ,aritime
-avi'ation, done at /ome on the 1@
th
,arch, 122)
(( $rotocol for the ?uppression of Lnlawful Acts a'ainst the ?afety of .ixed $latforms
located on the 0ontinents ?helf, done at /ome on the 1@
th
,arch, 122)
(h International 0onvention for the ?uppression of Terrorist Combin's, adopted by the
1eneral Assembly of the Lnited -ations at -ew Ior% on the 19
th
Eecember, 1!)
and
(i ?uch other convention as may be specified by the .ederal 1overnment by
notification in the official 1a<ette"=
313
Inserted by >ome Eepartment -otification -o" ?7 (Hudl-I)1@(I-&8(I)N#@1@, dated 9
th
?eptember, #@1#"
314
The .ourth ?chedule added by 7rd" -o" 0;;3 of #@@# dated 19-11-#@@#"
315
Inserted by The Anti-Terrorism (Amendment) Act, ;III of #@1& dated 1"@&"#@1&