Section 17: Protection for acts of members of the Constabulary

17. Protection for acts of members of the Constabulary.___ (1) In any suit or proceeding against any member of the constabulary for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. (2) Such plea may be proved by the production of the warrant or order directing the act, and, if it is so proved, such member of the Constabulary shall thereupon be discharged from liability in respect of the act so done by him notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. (3) All suits and proceedings (whether civil or criminal) against any person which may lawfully be brought for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder, shall be commenced within three months after the act complained of was committed and not otherwise ; and notice in writing of such suit or proceeding and of the cause thereof shall be given to the defendant or his superior officer one month at least before the commencement of the suit or proceeding. 3[17 A. Apprehension of deserters.___ (1) Whenever any member of the Constabulary deserts, his District Constabulary Officer shall give information of the desertion to such civil authorities as in his opinion may be able to afford assistance towards the capture of the deserter and such authorities shall, thereupon, take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, to Frontier Constabulary custody. 1Subs. by the .Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “ the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. 2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which was previously amended by A. O., 1937 , for “L. G.”. 3Section 17-A ins. By the North-West Frontier Constantly (Amdt.) Act, 1965 (23 of 1965), s. 2. (2) A provost marshal appointed under the Pakistan Army Act, 1952 (XXXIX of 1952) , the Pakistan Air Force Act, 1953 (VI of 1953), or the Pakistan Navy Ordinance, 1961(XXXV of 1961) , or any person legally exercising authority under him or on his behalf, may arrest without warrant any person whom he reasonably believes to be a member of the Constabulary and a deserter or absent without leave and bring him without delay before the nearest Magistrate as if he were a deserter from the Pakistan Army, the Pakistan Air Force or the Pakistan Navy.]

Effective date: 1915-01-01

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