Frontier Crimes Regulation (FCR), is presently applicable to the semi-autonomous territory of Pakistan known as FATA, an abriviation for Federally Administered Tribal Areas. Administratively, FATA is divided into seven political agencies namely Bajaur, Mohmand, Khyber, Orakzai, Kurram, North and South Wazirstan, and six Frontier Regions: Peshawar FR, Kohat FR, Bannu FR, D I Khan FR, Tank FR and Lakki Marwat FR.
Professor Arnold J. Toynbee characterizes the region as the “cross-roads” of civilizations. Besides being one of the most important areas of the country mainly owing to its strategic location, it is also one of “the most sensitive areas in Pakistan and indeed in South Asia. It is spread over an area of 27220 square kilometers and forms about three percent of the territory of Pakistan.
Although a part of Pakistan, the writ of the government is weak and in name only in FATA. The British colonial power which had conquered wide swathes of territories in Asia and Africa could not subdue the “Wild West,” regions, straddling a thin wedge between India and Afghanistan Hence they gave them autonomy and kept them as a buffer between British India and Russia.
According to a 1998 national census, FATA has a population of nearly 5.7 million, but presently, according to un-official figures its population is approximately 7 million. The area covered by it is 27,220 sq kms with a porous border of 450 kms with Afghanistan. The literacy rate is 16 per while female literacy is less than one percent. Nearly 66 per cent of households live below the poverty line. According to a WHO report of 2001 nearly 50 per cent of tribesmen are living in abject poverty, 75 per cent have no access to clean drinking water. Problems of infant and maternal mortality are severe.
Before 1956, FCR covered the whole of the NWFP; but through an amendment, the settled districts of the province were exempted from FCR. Similarly, FCR was abolished in 1973 in Balochistan. The rest of the Tribal Areas, namely the Agencies of Mohmand, Kurram, Khyber, Bajaur, Orakzai, North Wazirstan, South Wazirstan, and the adjoining areas of Kohat, Peshawar, Bannu, Lakki , Tank and Dera Ismail Khan Districts were declared as FATA and were covered by the black law of FCR.
The administration of Provincially Administered Tribal Areas (PATA) of NWFP and Balochistan is the direct responsibility of these two provinces. While, FATA is governed directly by the Federal Government.
The Frontier Crimes Regulation (FCR) :
Here is a full text of the Frontier Crimes regulation for the understanding of the interested parties, like students, researchers and journalists etc.
The Frontier Crimes Regulation (FCR) comprises a set of laws enforced by the British Raj in the Pashtun-inhabited tribal areas at the Northwest British India. They were specially devised to counter the fierce opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire.
The FCR dates back to the occupation of the six Pashtun-inhabited frontier districts by the British in 1848. The regulation was re-enacted in 1873 and again in 1876, with minor modifications.
Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to FATA, unless the president so desires. Only the president is authorized to amend laws and promulgate ordinances for the tribal areas. Some of the provisions described as discriminatory are substantive as well as procedural – e.g. selection of jirga members (section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and restriction of construction of hamlet, village or tower in the NWFP (section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27).
The act has been condemned by senior judges including noted Pakistani Supreme court judge Justice A.R Cornelius as “obnoxious to all recognised modern principles governing the dispensation of justice” in the case of Sumunder vs State (PLD 1954 FC 228).)
THE FRONTIER CRIMES REGULATION, 1901
A Regulation further to provide for the suppression of crime in certain frontier districts
Whereas it is expedient further to provide for the suppression of crime in certain frontier districts;
It is hereby enacted as follows:-
1. Short title, commencement and extent.
This Regulation may be called the Frontier Crimes Regulation, 1901; and
It shall come into force at once.
1[3) It shall extend to the areas specified in the Third Schedule, but the Governor may by notification2 in the official Gazette, exempt any such area from the operation of .all or any of its provisions.]
4) Sections 1 to 5, 10, 20, 21, 26 to 28, 31, 32, 36, 37, 56 and 60 to .64 are of general application, but the remaining sections may be enforced, in whole or in part, as the case may be, only against Pathans and Balochis, and against such other classes as the3 [Provincial Government]4, may, by notification in the 5[official Gazette], declare to be subject thereto.
5) A notification under Sub-section (4) may declare a specified class only to be subject to all or any of the provisions of this Regulation in a district or part of a district6.
Explanation. — The word “class”, as used in Sub-section (4) and (5) includes any persons who may be collectively described in a notification under this section as persons subject to all or any of the provisions of this Regulation.
2. Definitions. — In this Regulation unless there is anything repugnant in the subject or context
7[(a) “Council of Elders” means –
in relation to Quetta and Kalat Divisions and District Lasbella a Council of three or more persons convened according to the Pathan, Biluch or other usage, as the Deputy Commissioner may in each case direct; and
in relation to other areas, a Council of three or more persons whether officials or otherwise convened by the Deputy Commissioner and presided over by a Magistrate invested with powers under Section 30 of the Code of Criminal Procedure, 1898 (V of 1898);]and
(b) “Deputy Commissioner” includes any Magistrate of the first class appointed by the Deputy Commissioner by order in writing to exercise all or any of the functions or powers specified in the first part of the first Schedule, and also any Magistrate appointed by the 8[Provincial Government] to exercise all or any of such functions or powers;
9[(c) “Commissioner” or “Court of the Commissioner” means the Provincial Government or such officer or officers as the Provincial Government may appoint in this behalf.]
3. Relation of Regulation to other enactments.
The provisions of this Regulation shall take effect in case to which they apply, not with standing anything in any other enactment.
The powers conferred by this Regulation may be exercised in addition to any powers conferred .by or under any other enactment, and, where the contrary is not expressed or implied, other enactments in force in any place in which all or any of the provisions of this Regulation are for the time being in force shall, so far as may be, apply to cases dealt within that place under this Regulation.
POWERS OF COURTS AND GFFICERS
4. Additional District Magistrate.
In any district in the whole or any part of which all or any of the provision of this Regulation are for the time being in force, the [Provincial Government]10 may appoint any Magistrate or Magistrates of the first class to be an Additional District Magistrate or Additional District Magistrates, without any limit of time.
Every Additional District Magistrate so appointed shall have all the ordinary powers of a District Magistrate specified in the fifth part of the third schedule to the Code of Criminal Procedure, 1898.
When exercising any of the powers of a Deputy Commissioner under this Regulation, an Additional District Magistrate shall be deemed, for the purposes of this Regulation to be the Deputy Commissioner.
Every Additional District Magistrate shall exercise his powers in subordination to the District Magistrate, and in such cases or classes of cases, and within such local limits as the District Magistrate may, by order in writing, direct.
5. Power of District Magistrate to withdraw or recall cases.
The District ‘Magistrate may withdraw any case from, or recall any case which he has made over to, an Additional District Magistrate whether the Additional District Magistrate is exercising jurisdiction with respect to the case as a Magistrate or as a Deputy Commissioner.
If the case may, under the Code of Criminal Procedure, 1898,be referred to another Magistrate competent to inquire into or -try it, the District Magistrate may, instead of disposing of the case himself refer it to such other Magistrate for inquiry or trial, as the case may be.
6. Power to pass sentences of whipping in certain cases.
Where any person against whom, under Section 1, Sub-section (4), this section may for the time being be enforced in convicted by a Criminal Court of an offence punishable under any of the following sections of the11 Indian Penal Code, namely, Sections 304, 307, 324, 325, 326, 376, 377, 382,392 to 399, 427, 428, 429, 435, 436 and 448 to 460, the Court may subject to the provisions of Section 393 of the Code of Criminal Procedure, 189? pass upon him a sentence of whipping in addition to any other punishment to which he may be sentenced.
127. Tender of pardon to accomplices.
Section 337 of the Code of Criminal Procedure, 1898, shall for the purposes of this Regulation, be construed as if –
the words in Sub-section (1) “triable exclusively by the High Court or Court of Session or any offence punishable with imprisonment which may extend to ten years or any offence punishable under Section 211 of the 13Indian Penal Code with imprisonment which may extend to seven years or any offence under any of the following sections of the Indian Penal Code, namely, Sections 216-A, 369, 401, 435 and 477-A”, and
the whole of Sub-section (2-A) were omitted.
COUNCILS OF ELDERS
8. Civil reference to Council to Elders.
(1) Where the Deputy Commissioner is satisfied, from a police report or other information, that a dispute exists which is likely to cause a blood-feud or murder, or culpable homicide not -amounting to murder, or mischief or a breach of the peace, or in which either or any of the parties belongs to a frontier tribe he may, if he considers that the settlement thereof in the manner provided by this section will tend to prevent or terminate the consequence anticipated, and if a suit is not pending in respect of the dispute, make an order in writing, stating the grounds of his being satisfied, referring the dispute to a Council of Elders, and requiring the Council come to a finding on the matters in dispute after making such inquiry may be necessary and after hearing the parties. The members of he Council of Elders shall in each case, be nominated and appointed by the Deputy Commissioner.
(2) The order of reference made under Sub-section (1) shall state he matter or matters on which the finding of the Council of Elders required.
(3) On receipt of the finding of the Council of Elders under this section, the Deputy Commissioner may –
remand the case to the Council for a further finding; or
refer the case to a second Council; or
refer the parties to the “Civil Court; or
pass a decree in accordance with the finding of the Council, or of not less than three-fourth of the members thereof, on any matter stated in the reference; or
declare that further proceedings under this section are not required.
Decree not passed by the Deputy Commissioner in accordance ‘with finding of Council of Elders. Held, direction (of Deputy Commissioner) to file suit in Court of competent jurisdiction to be without any lawful14 authority where the F.C.R. was repealed after the decision by Deputy Commissioner and the Commissioner, the case was remanded to the Court of Qazi, Bori-Sanjavi at Loralai, through Deputy Commissioner, Loralai for adjudication according to the Regulation of l97b.15
9. Effect of decree on finding of Council.
A decree passed under Section 8, Sub-section (3), clause (d), shall not give effect to any finding or part of a finding which, in the opinion of the Deputy Commissioner is contrary to good conscience or public policy, but shall – be a-final settlement of the case so far as the decree relates to any matter stated in the reference, although other matters therein stated may remain un disposed of; and have, to that extent and subject to the provisions of this Regulation with- respect to revision, the same effect as a decree of a Civil Court of ultimate resort, and be enforced by the Deputy Commissioner in the same manner as a decree of such a Court may be enforced.
10. Restriction on jurisdiction of Civil Courts.
No Civil Court shall take cognizance of any claim with respect to which the Deputy Commissioner has proceeded under Section 8, Sub-section (3), clause (a), clause (b) or clause (d).
11. Criminal references to Council of Elders.
Where, in the opinion of the Commissioner or Deputy Commissioner, it is inexpedient that the question of the guilt or innocence of any person or persons accused of any offence, or of any several persons so accused, should be tried by a Court of any of the classes mentioned in Section 6 of the Code of Criminal Procedure, 1898, the Deputy Commissioner may or if the Commissioner so directs, shall, by order in writing, refer the question to the decision of a Council of Elders, and require the Council to come to a finding on the question after such inquiry as may be necessary and after hearing the accused person. The members of the Council of Elders shall, in each case, be nominated and appointed by the Deputy Commissioner.
Where a reference to a Council of Elders is made under Sub-section (1) and the members of the Council have been nominated, the names of the members so nominated shall, as soon as may be, be communicated to the accused person, and any- objection which he may then make to the nomination of any such member shall be recorded. The Deputy Commissioner shall consider every objection made by an accused person under this sub-section, and may, in his discretion, either accept or reject the objection, provided that, in the latter case, he shall record his reasons for so doing. The Deputy Commissioner shall, after disposing of any objection made by the accused person, appoint the members of the Council.
On receipt of the finding of the Council of Elders under this section, .the Deputy Commissioner may –
remand the question to the Council for a further finding; or
refer the question to a second Council; or
acquit; or discharge the accused person or persons, or any of them; or in accordance with the finding on any matter of fact of the Council, or of not less than three-fourths of the members thereof convict the accused person or persons, or any of them, of any offence of which the facts so found show him or them to be guilty:
Provided that a person discharged under clause (c) shall not be liable to be retried for any offence arising out of the same facts after the expiry of two years from the date of such discharge.
Issuance of process by A.P.O./A.D.C. Waziristan Agency (Tribal Area) Jurisdiction of the High Court not extended to the Tribal Areas (FATA) constituting Waziristan Agency. However the provisions of Section 86-A of the Criminal Procedure Code, 1898, shall have to be complied with after the execution of the warrants and before the removal of petitioner (accused) to the Tribal areas for his production before the Court.16
12. Punishment on conviction on finding of Council.
Where the Deputy Commissioner convicts a person under Section 11, Sub-section (3), clause (d) he may pass upon him any sentence of fine.
Where the Deputy Commissioner so convicts a person of an offence mentioned in the second schedule, he may, whatever may be the punishment prescribed for the offence, sentence the person, in lieu of or in addition to fine, to be imprisoned for a term which may extend’ to seven years, or, subject to the provisions, of Section 393 of the Code of Criminal Procedure, 1898, to be whipped or to be whipped and imprisoned for a term which may extend to five years, or to be transported for a term which may extend to seven years, and, where he so convicts a person of an offence punishable with transportation or with imprisonment for a term exceeding seven years, he may, subject to confirmation by the Commissioner, sentence the person to a term either of transportation or of imprisonment exceeding seven years but not exceeding fourteen years;
Provided first, that a sentence of whipping shall not be passed on any person so convicted of an offence under Sections 121, 121-A, 122, 123, 124-A, 125, 126, 127, 144, 150, 216, 216-A, 400, 401, 402,’494, or 495 of the Indian Penal Code:
Provided, secondly, that a sentence of transportation or imprisonment for an offence shall not be for a longer term than that (if any) prescribed for the offence: and
Provided, thirdly, that a sentence of transportation shall not be passed for an offence which is not punishable with transportation or with imprisonment for a term which may extend to seven years or more.
17 [3) In cases of convictions under Section 302 or 396 of the Pakistan Penal Code, the immovable property of the accused shall be liable to forfeiture to the Government].
13. Manner of enforcing sentences.
Any sentence passed under Section 12 shall be executed in the manner provided for the execution of sentences passed by a Court of any of the classes mentioned in. Section 6of the Code of Criminal Procedure, 1898.
For the purposes of Sections 64 to 67 of the Indian Penal Code in reference to a sentence under Section 12 of this Regulation.
an offence punishable with death or transportation for life shall be deemed to be punishable with rigorous imprisonment for a term which may extend to ten years;
the imprisonment in default of payment of fine may be rigorous or simple at the discretion of the Deputy Commissioner.
14. Time for exercising power of reference to Council of Elders.
The powers conferred by Section 11 on the Commissioner and Deputy Commissioner, respectively, may be exercised by them, in cases committed to the Court of Session, at any time before the trial before that Court has commenced, and, in cases pending before any Court inferior to the Court of Session, at any time before an order of conviction or acquittal has been made.
15. Motion by Public Prosecutor in view to reference to Council of Elders.
In any trial before a Court of Session, the Public Prosecutor may, when instructed in writing in that behalf by the Commissioner or Deputy Commissioner, at any time before an order of conviction of acquittal has been made with respect to any accused person, withdraw from the prosecution of such person in order that the case may be referred to a Council of Elders.
The Sessions Judge shall thereupon stay proceedings with respect to such person, and the Deputy Commissioner shall refer the case to a Council of Elders.
16. Case of persons jointly accused of an offence.
The powers conferred by Section 11, as limited by Section 14, may be exercised against and the withdrawal of a prosecution under Section 15 may have reference to one or some only of two or more persons jointly accused of an offence.
17. Powers to set aside orders making or refusing to make references to Council of Elders.
The Deputy Commissioner may, if he thinks fit, at any time reconsider and set aside any order of the Deputy Commissioner under this Regulation –
(a) directing reference to a Council of Elders, or
(b) refusing to make such a reference.
18. Recommendation of Council of Elders.
Where a Council of Elders to which a reference has been made under this Regulation makes any recommendation to which effect might be given if it were a finding on a matter or question referred to the Council under this Regulation, the Deputy Commissioner may, if the recommendation effects a person mentioned in the order of reference and is relevant to the matter or question actually, referred, deal with the recommendation or any part of it as if it were a finding under Section 8 or Section 11:
Provided that no decree or sentence may be passed on any ‘such recommendation as aforesaid against any person who has not had the /claim or charge fully explained to him and been given an opportunity of entering upon is defence in regard thereto.
Where the Deputy Commissioner deals with a recommendation under Sub-section (1), he may pass any such decree as is authorised by Section 8,or any such sentence as is authorised by Section 12, Sub-section (1), and the decree or sentence shall have the same effect and be enforced in the same manner as if it were a decree or -sentence passed under Section 8 or Section 12, Sub-section (1), as the case may be.
19. Record of Deputy Commissioner.
Where the Deputy Commissioner passes, under this Chapter a sentence of fine exceeding two hundred rupees, or of imprisonment for a term exceeding three months, or of transportation, he shall make a record of the facts of the case of the offence committed and of his reasons for passing the sentence.
The record shall be made by the Deputy Commissioner in English and in his own hand, unless for any sufficient reasons he is prevented from so making it, in which case he -shall record the reason of his inability and shall cause the record to be made from his dictation in open Court.
20. Attendance of parties and witnesses before Deputy Commissioner Council of Elders.
Where a reference is made to a Council of Elders under this Chapter, the deputy Commissioner may exercise all or any of the powers conferred by the Code of Civil Procedure and the Code of Criminal Procedure, 1898, respectively, as the case may be, for the purpose of compelling the attendance, before -himself or the Council of Elders, of the parties, and witnesses, or any of them, in any case and at any stage of the proceedings.
21. Blockade of hostile pr unfriendly tribe.
In the event of any frontier tribe, or of any section or members of such tribe, acting in a hostile or unfriendly manner towards the British Government or towards persons residing within British India, the Deputy Commissioner may with the previous sanction of the Commissioner, by order in writing, direct.
the seizure, wherever they may be found, of all or any of the members of such tribe and of all or any property belonging to them or any of them”,
the detention in safe custody of any person or -property so seized and; the confiscation of any such property;
and may, with the like sanction by public proclamation;
debar all or any member of the tribe from all access into 20British India; and
prohibit all or any persons within the limits of 20British India from all inter-course or communication of any kind whatsoever, or of any specified kind or kinds with such tribe or any section or members thereof.
22. Fines on Communities accessory to crime.
Where, from the circumstances of any case, there appears to be good reason to believe that the inhabitants of any village, or part, of a village, or any of them, have –
connived at, or in any way abetted, the commission of an offence; or
failed to render all assistance in their power to discover the offenders or to effect their arrest;
connived at the escape of, or harboured, any offender or person suspected of having taken part in the commission of an offence; or
combined to suppress material evidence of the Commission of an offence; the Deputy Commissioner may, with the previous sanction of the Commissioner, impose a fine on the inhabitants of such village or part of a village, or any of them as a whole.
23. Fines on communities where murder or culpable homicide is committed or attempted. —
Where, within the area occupied by a village community or part of a village-community, a person is dangerously or fatally wounded by an unlawful act, or the body is found of a person believed to have been unlawfully killed, the members of the village community or part there of shall be deemed to have committed an offence under Section 22,unless the headmen of the village-community or part thereof can show that the members thereof –
had not an opportunity of preventing the offence or arresting the offender; or
have used all reasonable means to bring the offender to justice.
24. Recovery of fines. —
Fines imposed under Section 22 4th all in default of payment, be recoverable as if they were areas” of land revenue due by the members of the community or part thereof upon whom the fine is imposed.
25. Forfeiture of remissions of revenue etc. in the case of communities and persons accessory to crime. —
Where a village-community or part of a village-community has become liable to fine under Section 22, it shall further be liable to forfeit, in whole or in part, and for a term or in perpetuity, any remission of land revenue of which it may be in joint enjoyment, and the members of the village-community unity or part thereof, as the case may be, shall in like manner be liable severally to forfeit any assignment or remission of land-revenue or allowance paid out of public funds which they, or any of them, may enjoy.
26. Forfeiture of public emoluments etc. of persons guilty of serious offences or of conniving at crime. —
Where it is shown to the satisfaction of the Deputy Commissioner, that any person who is in the enjoyment of an assignment or remission of land-revenue or allowance payable out of public funds, has been guilty of a serious offence, or has colluded with or harboured any criminal, or has suppressed material evidence of the commission of any offence, or has failed, on the investigation of any criminal case, ‘to render loyal and proper assistance to the authorities to the best of his ability, the Deputy Commissioner may, in addition to. any other penalty to which such person may be liable under any law for the time being in force, direct the, forfeiture, in whole or in part and for a term or in perpetuity, of such assignment or remission of land-revenue or allowance, as the case may be.
Explanation. — For the purposes of this section the expression “serious offence” means any offence punishable with transportation or with imprisonment a term which may extend to three years or more..
27. Powers to direct forfeiture. —
Forfeiture under Section 25 or Section 26 may be adjudged by order of the Deputy Commissioner for a term, which may extend to three years, and by order of the Commissioner for any longer term or in perpetuity.
28. Powers of Provincial Government saved. —
Nothing in Sections25, 26 and 27 shall affect the powers of the 21[Provincial Government] with respect to the grant, continuance or forfeiture, in whole or in part, of any assignment or re-mission of land-revenue or of any allowance paid out of public funds.
29. Preparation to commit certain offences. –
Where a person is found carrying arms in such manner ‘or in such circumstances as to afford just grounds of suspicion that the arms are being carried by him with intent to use them for an unlawful purpose, and that person has taken precautions to elude observation or evade arrest, or is found after sunset and before sunrise within the limits of any military camp cantonment or of any municipality, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both, and the arms carried by him may be confiscated.
30. Adultery. —
(1) A married woman .who, knowingly and by her own consent, has sexual intercourse with any man who is not her husband is guilty of the offence of adultery, and shall be punishable with imprisonment for .a term which may extend to five years, or with Fine, or with both.
22[(2) Cognizance shall not be taken of an offence under this section unless a complaint has been made by the husband of the women or in his absence, by a person who had care of. the women on his behalf at the time when the offence was committed.]
PREVENTIVE AND OTHER AUTHORITY AND JURISDICTION
31. Power to prohibit erection new villages or towers on frontier. —No new hamlet, village-habitation, tower or walled enclosure shall, without the previous sanction in writing of the Commissioner, who may, either grant or refuse such sanction as he thinks fit, be erected at any place within five miles of the frontier of23 British India.Where the Commissioner refuses to sanction the erection of any such hamlet, village-habitation, tower or Walled enclosure, as the case may be, he shall record, his reasons for so doing.
32. Power to direct removal of villages. — Where it is expedient on military grounds, the Central Government] may, by order in writing, I direct the removal of any village situated in close proximity to the frontier of 24British India to any other site within five miles of the regional may and award to the inhabitants such compensation for any loss which may have been occasioned to them by the’ removal of their village as in the opinion of the [Central Government], is just.
33. Regulation of Hujras and Chauks. — No building of the kind commonly known as “hujra” or “chauk”, and no building intended to be Used as a “hujra” or “chauk”, shall be, erected or built, and no existing building not now used/as a “hujra” or “chauk”, shall at any time be used as such, without .the previous, sanction in writing of, the Deputy Commissioner.Whoever contravenes the provisions of Sub-section (1) shall be punishable with imprisonment; for “a term, which may extend to six months or with fine, or with both.
34. Demolition of buildings ‘used by robber etc. — Where the [Deputy Commissioner is satisfied that any building is habitually used as a meeting place by robbers, house-breakers, thieves or bad characters or for the purpose of gambling, he may, by order in writing, prohibit the owner or occupier thereof from so using such building, and, if the order is not obeyed, may, by a like order, direct that the building be demolished. Such further order shall be without prejudice to any punishment to which the owner or occupier of such building may, under any law for the time being in force, be liable for disobedience of the prohibitory order.No person shall be entitled to any compensation in respect of the demolition of any building under Sub-section (1).
35. Naubati chaukidari system. – Where, in the opinion of the Deputy Commissioner, the custom of providing for watch and ward by what are commonly known as “Naubati chaukidars” exists in the case: of .any village-community, “and the village-community, or any part thereof ails to provide .for the due performance of such service, or any member of the village-community fails to perform his duty of watch and ward according to the customary rotation in respect of such duties, the Deputy Commissioner may impose a fine, which may/extend to one hundred rupees in any one case, upon the village-community or part or member thereof so failing as aforesaid.The provision of Section 24 shall be applicable to the recovery of fines imposed on any village-community or part thereof under this section.
Where such custom as aforesaid has not existed or has fallen into misuse in any village-community, the Deputy Commissioner may, with the previous sanction of the Commissioner, by order in writing, direct introduction or revival, as the case may be, and thereupon the provisions of Sub-section (1) shall apply in respect of the village-community.
36. Power to require persons to remove in certain cases. —Where in the opinion of the Deputy Commissioner, any person is a dangerous fanatic; or
belongs to a frontier tribe and has no ostensible means of subsistence or cannot give a satisfactory account of himself; or has a blood-feud; or has occasioned cause of quarrel likely to lead to blood-shed; the Deputy Commissioner may, by order in writing, require him to reside beyond the limits of the territories to which this Regulation extends or at such place within the said territories as may be specified in the order: Provided that, if the person has a fixed habitation in the place which the Deputy Commissioner requires him to leave, an Order under this section shall not be made without the previous sanction of the Commissioner.
37. Penalty for breach of certain orders. — Whoever contravenes the provisions of Section 31, or disobeys an order under Section 21or Section 32, or a prohibition under Section 34, or a requisition under Section 36, shall be punishable with imprisonment for a term which may extend to six months, and shall also be liable to fine which may extend to one thousand rupees.
38. Powers of arrest. — In any place in which all or any of the provisions of this Regulation are for the time being in force.
(i) any private person may,, without an order from a Magistrate and without a warrant, arrest or cause to be arrested, and make over or cause to be made over to a police officer or take or cause to be ‘taken to the nearest police station, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned; and
(ii) Section 48 of the Code of Criminal Procedure, 1898, shall be read as if the following sub-section were added thereto namely:-
“(4) But this section gives a right to cause the death of a person against whom those portions of the Frontier Crimes Regulation 1901 which are not of general application, may be enforced.
if he is committing or attempting to commit an offence, or resisting or evading arrest, in such circumstance as to afford reasonable ground for believing that he intends to use arms to effect his purpose; and
if a hue and cry has been raised against him of his having been concerned in any such offence as is specified in clause (a)or of his committing or attempting to commit an offence, or resisting or evading arrest, in such circumstances as are referred to in the said clause”.
39. Arrest without warrant in cases under Section 498, Indian Penal Code. — Where there is reason to believe that a person has committed or attempted or commit an offence punishable under Section 498 of the “Indian Penal Code, an officer in charge of a police station may, without, an order from a Magistrate and without a warrant, arrest that person on the requisition of the husband of the woman, or, in his absence of a person having the care of her on his behalf, or, in the absence of both the husband and any such person as last aforesaid from the village in which the women resides, on the requisition of a headman of the village.A police officer making an arrest under Sub-section (1) shall, without unnecessary delay, take or send the person arrested to the nearest Magistrate having jurisdiction. The Magistrate may, in default of bail being furnished to his satisfaction, detain the person arrested for such period, not exceeding fifteen days, as may be necessary to enable the husband, or, in his absence, a person who had care of the woman on his- behalf, to make a complaint.
40. Security and surveillance for the prevention of murder or culpable homicide or the dissemination of sedition. — Where the Commissioner or the Deputy Commissioner is of opinion that it is necessary for the purpose of preventing murder, or culpable homicide not amounting to murder, or the dissemination of sedition, to require a person to execute a bond, for good behaviour or for keeping the peace, as the case maybe, he may order the person to execute a bond with or without sureties for his good behaviour or for keeping the peace, as the case may be during such period not exceeding three years, as the Commissioner or he Deputy Commissioner, as the case may be, may fix.The Deputy Commissioner may make an order under Sub-section (1) -(a) on the recommendation of a Council of Elders, or
(b) after inquiry as hereinafter provided.
26[(2-A) Pending the completion of an enquiry for the purposes of Sub-section (2), the Deputy Commissioner may, if he considers that immediate measures are necessary for preventing any offence referred to in Sub-section (1) direct the person in respect .of whom the enquiry is to be held, to execute a bond, with or. without sureties, for keeping the peace or maintaining good behaviour for a period not exceeding one month, and detain him in custody till such bond is executed].
(3) Where a person has been convicted in accordance with the finding of a Council of Elders of an offence mentioned in Section 106 of the Code of Criminal Procedure, 1898, or punishable under Section 302, Section304, Section 307 or Section 308 of the 27Indian Penal Code, the Deputy Commissioner at the time of passing sentence, or the Commissioner at the time of revising the sentence, may make an order under Sub-section (1) with respect to that person.
(4) Where the Deputy Commissioner makes an order under Sub-section (1) on the recommendation of a Council of Elders, he shall record his reasons for acting on the recommendation.
(5) Where the Commissioner or the Deputy Commissioner is of opinion that sufficient grounds exist for making an order under Sub-section (1) he may, either in lieu of or in addition to such order, by order in writing, direct that the person concerned shall notify his residence and any change of residence in the fanner prescribed by Section 565 of the Code of Criminal Procedure, 1898, during such term, not exceeding three years, as may be specified in the order.Matter not adjudicated upon by the Deputy Commissioner in accordance with Section 8(3)(d): of Frontier Crimes Regulation. Commissioner too failing to exercise authority vested in him under law in not deciding Revision Petition according to law. Orders passed by the Deputy Commissioner and Commissioner set aside through Constitutional Petition.28
41. Security from families or factions in case of blood feud. —
Where a blood-feud or other cause of quarrel likely to lead to blood-shed exists or, in the opinion of the Deputy Commissioner, is likely to arise between two families or factions, the Deputy Commissioner may, on the recommendation of a Council of Elders, or, after inquiry as hereinafter provided, order all or any of the members of both families or factions or of either family or faction to execute a bond, with or without sureties, for their good behaviour or for keeping the peace, as the case may be, during such period, not exceeding three years as he may fix.
42. Procedure in inquiry. — An inquiry for the purposes of Section 40 Sub-section (2), or Section 41, may be conducted, so far as may be necessary out of Court Provided that a person from whom it is proposed to require a bond under Section 40, or the principal members of a family or faction from which it is proposed to require a bond under Section 41, shall be given an opportunity of showing cause in Court why a bond should not he required arid of having his or their witnesses examined there, and of cross-examining any witness not called by himself or themselves who may testify there to the necessity or otherwise for the execution of a bond.Sections 112, 113, 115 and 117 of the Code of Criminal Procedure, 1898, shall not apply to an inquiry under this section, but the Deputy Commissioner shall record his order with the reasons for making it.
43. Breach of bond. — A bond executed under Section 40 shall be liable to be forfeited if the person bound thereby to be of good behaviour or to keep the peaces, as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment.A bond/executed under Section 41 shall be liable to be forfeited if the person bound thereby .to be of good behaviour or to keep the peace, as the case may be, commits or attempts to commit, or abets the commission of, any offence punishable with imprisonment in respect of any member of the opposite family or faction to which the bond related.If, ‘while a bond executed under Section 41 is in force, the life of’ any member of either family or faction is unlawfully taken or attempted, the Deputy Commissioner may declare the bond of all or any of the, members of the other family or faction and their sureties (if any) to be forfeited, unless it is shown to his satisfaction that the homicide or attempt was not committed by, or in consequence of the abetment of, any member of that family or faction.
44. Imprisonment in default of security. — Where a person ordered to give security under Section 40; or Section 41 does not give security on or before the date on which the period for which the security is to be given commences; he shall be committed to prison, or, if he is already in prison, be detained in prison until that period expires, or until within that period he furnishes the required security.Imprisonment for failure to give security under this Chapter may be rigorous or simple as the offence requiring the security directs in each case.
45. Length of imprisonment. — Where a person has suffered imprisonment for three years for failure to give security under Section 40 or Section41, he shall be released and shall not again be required to give security unless a fresh order is passed in accordance with the provisions of this Chapter or of the Code of Criminal Procedure, 1898.
46. Further Security. — 1) Where a person has, under the provisions of this Chapter, given security or been imprisoned for failure to give security, he may be brought before the Deputy Commissioner, if on the expiry of the period for which security was required to be given the Deputy Commissioner so directs.(2) Where the Deputy Commissioner thinks it necessary, for the purpose of preventing blood-shed, to require security for further period from any person so brought before him, he shall record proceeding to that effect.3) The proceeding may be founded on the facts on which the original order to give security was founded, and it shall not be necessary to prove any fresh facts to justify an order to give security for a further period under this section; but such an order, if passed shall have the same effect and be enforced in the same manner as an original order to give security under Section 40 or Section 41.
(4) Notwithstanding anything in this section, no person shall suffer, for failure to give security under this Chapter continuous imprisonment for more than six years or, without the sanction of the Commissioner for more than three years.
47. Modified applications of Chapters VIII and XLII, Act V of 1898. Where, within the territories in which all or any of the provisions of this Regulation are for the time being in force, it is found necessary or expedient to take security under this Regulation from Pathans or Baluchis or any other classes against whom all or any of the provisions of Section_40 to 46 may for the time being be enforce, the provisions of Chapters VIII and XLII of the Code of Criminal Procedure, 1898, shall be read as if for the words “High Court”, “Court of Session” and “Sessions Judge” wherever they occur, the word “Commissioner” were substituted, and all references to any such Courts shall be deemed to refer to the Court of the Commissioner.Subject to the provisions of Sub-section (2) of Section 42 and Sub-section (1) of this section, the provisions of the said Chapters of the Code of Criminal Procedure, 1898, shall, so far as they are consistent therewith, be applicable to every proceeding under this Chapter relating to the taking of security; but all applications for revision in respect to any such proceeding shall be made to, and be disposed of by, the Commissioner.
APPEAL AND REVISION
48. Appeals barred. — No appeal shall lie from any decision given, decree or sentence passed, order made, or act done, under any of the provisions of this Regulation.
49. Revision. – The Commissioner may call for the record of any proceeding under this Regulation and revise any decision, decree, sentence or order given, passed or made therein.
50. Powers in exercise of criminal revisional jurisdiction. — The Commissioner may, in the exercise of his revisional jurisdiction in any criminal proceeding, exercise the power to direct tender of pardon conferred by Section 338, and any of the powers conferred on an Appellate Court by Sections 195, 423, 426, 427 and 428 of the Code of Criminal Procedure 1898, and may-also enhance any sentence.Provided that nothing in this Chapter shall be deemed to authorize the Commissioner to set aside the finding on any question of fact of a Council of Elders, where such finding has been accepted by the Deputy Commissioner, unless he is of opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice.
51. Sentences which may not be passed on revision. — No sentence shall be passed by the Commissioner in the exercise of his revisional jurisdiction, which the Deputy Commissioner could not have passed under this Regulation.
52. Powers in exercise of civil revisional jurisdiction. — Nothing in this Chapter shall be deemed to authorize the Commissioner to vary or set aside any decision, decree or order given, passed or made in any civil proceeding under the Regulation, unless he is of opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice or that the decision, decree or order is contrary to good conscience or public policy.
53. Record of reasons. — Where, in the exercise of his revisional jurisdiction in any proceeding under this Regulation, the Commissioner varies or sets aside any decision, decree, sentence or order, he shall record his reasons for so doing.
29[54. Procedure where the decision, etc. to be revised was given by the officer invested with revisional jurisdiction as Deputy Commissioner.—
No officer shall revise -any decision, decree, sentence, or order given, passed or made by himself in the capacity of Deputy Commissioner.Where any such decision, decree, sentence or order is brought to the notice of an officer invested with revisional jurisdiction under this Regulation with a view to the exercise by him of revisional powers such officer shall report the case to the Provincial Government and it shall be disposed by of the Provincial Government or by an officer other than the reporting officer, appointed by the Provincial Government.]
55. Enforcement of orders made on revision. — Every order made by the Commissioner in exercise of his revisional jurisdiction shall been forced as if it were an order of the Deputy Commissioner or DistrictMagistrate, as the case may be, and the Deputy Commissioner or District Magistrate shall do all acts and things necessary to give effect thereto.
56. Recovery of fines, etc., from relatives of person liable. — Where by a decree passed under Section 8 or by a sentence passed under Section 12, any person belonging to a frontier tribe becomes “liable to pay a fine or other sum of money, the Deputy Commissioner may, I on the recommendation of a Council of Elders and on satisfying himself, that such a course is in accordance with local tribal custom, by order| in writing, direct that the amount shall be recovered from the property movable or immovable, of such of the relatives of fellow tribesmen of the person so liable as may be specified in the order.
57. Power of Deputy Commissioners to order disposal of certain fines.
The Deputy Commissioner may make such order as he thinks fit for the disposal of the proceeds of any fine imposed under Section12, Section 18, or Section 22, and, subject to any order made by the Commissioner under Chapter VI, the proceeds shall be disposed of accordingly.Where, in pursuance of an order made under Sub-section (1), a person has received compensation for an injury out of the proceeds of a fine, so Civil Court shall take cognizance of a claim to compensation based on the same injury.
58. Maintenance of registers. –
Registers shall be kept up, in forms to be approved by the 30[Provincial Government], of all cases dealt with by the Deputy Commissioner and by the Commissioner under this Regulation.
59. Jurisdiction of ordinary Courts in cases under Sections 29, 30 and 37.
An offence punishable under Section 29 or Section 30 maybe tried by a Court of Session or by the Court of a Magistrate of the first class. An offence punishable under Section 37 may be tried by any Magistrate of the first class.
60. Finality of proceedings under Regulation. —
Except as therein otherwise provided, no decision, decree, sentence or order given, passed or made, or. act done, under Chapter III, Chapter IV, Chapter V or Chapter VI, shall be called in question in, or set aside by, any Civil or Criminal Court.
61. Application of provisions of Indian Penal Code respecting fines and imprisonment. —
The provisions of Section 61, and those of Sections63 to 74, of the 31Indian Penal Code, shall, subject to the provisions of Section 13 of this Regulation, apply to sentences passed under this Regulation.
62. Power, to make rules. —
The 32[Provincial Government] may make33 rules to carry out the purposes and objects of this Regulation.
The court-fee required under the rules framed by the Agent to the Governor-General and Chief Commissioner of Baluchistan through Order No. 1833-V dated the 5th June, 1936 on any document pertaining to criminal cases, or civil cases involving amount not exceeding Rs. 25,000/- are now no longer to be levied with court-fee from 1st August, 1978.Gazette of Baluchistan, Extraordinary, 15th January, 1979.
34[62-A. Power to make rules for the issue and safe custody of rifles and ammunition and for the imposition and recovery of fines.
The 35[Central Government] may make rules for the issue and safe custody of rifles and ammunition for border village defence, and for the imposition and recovery of fines for any breach of such rules. Fines imposed for a breach of the rules made under this section may be recovered in the manner laid down in Section 386 of the Code of Criminal Procedure, 1898].
63. — No suit or other legal proceeding shall lie against any person for anything done, or in good faith intended to be done, under this Regulation.
64. Protection for persons acting under Regulation. —
[Repeal.] Repealed by the Repealing Act, 1938 (I of 1938), Section 2 and Schedule.
NOTE: Resently, some changes have been introduced in FCR by President Asif Ali Zardari but they are cosmetic in nature.