Section 2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Anti-Terrorism Act, 1997: • armed forces — the Military, Naval and Air Forces of Pakistan and the Reserves of such Forces • civil armed forces — the Frontier Constabulary, Frontier Corps, Pakistan Coast Guards, Pakistan Rangers or any other civil armed force notified by the Federal Government as such • Code — the Code of Criminal Procedure, 1898 (Act V of 1898); (d) 2[“child” means a person who at the time of the commission of the offence has not attained the age of eighteen years • court — an Anti-terrorism Court established under section 13 • explosives — any bomb, grenade, dynamite, or explosive substance capable of causing an injury to any person or damage to any property and includes any explosive substance as defined in the Explosives Act, 1884 (Act IV of 1884) • firearms — any or all types and gauges of handguns, rifles and shotguns, whether automatic, semi-automatic or bolt action, and shall include all other firearms as defined in the Arms Ordinance, 1965 (W.P. Ord. XX. of 1965) • freeze — to prohibit the transfer, conversion, disposition or movement of any money or other property;] • Government — the Federal Government or, as the case may be, a Provincial Government • High Court — the High Court having territorial jurisdiction in respect of the area for which an Anti-terrorism Court has been established • hijacking — any unlawful seizure or exercise of control, or any attempt at unlawful seizure or exercise of control, of an aircraft, by force, violence, threat or any form of obstruction, directly or through any other person, from within or outside the aircraft • hostage taking — the holding of a person captive with threats made to kill or harm that person if demands are not met • kidnapping for ransom — the action of conveying any person from any place, without his consent, or by force compelling or by any deceitful means inducing him, to go from any place, and unlawfully detaining him and demanding or attempting to demand, money, pecuniary or other benefit from him or from another person, as a condition of his release • meeting — a meeting of two or more persons, whether in public or private; 2[ • organization — any group, combination or body of persons 2[****]; 3[ • person — any natural, legal person or body corporate;] 1[2[(paa)] “property” means property of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes shares, securities, bonds and deeds and instruments evidencing title to, or an interest in, property of any kind and money;] 3[ • proscribed organization — any organization which is listed in the First Schedule under section 11B;] 3[ • proscribed person — any individual who is listed in the Fourth Schedule under section 11EE;] • Schedule — a Schedule to this Act • Scheduled offence — an offence as set out in the Third Schedule • sectarian — pertaining to, devoted to, peculiar to, or one which promotes the interest of a religious sect, or sects, in a bigoted or prejudicial manner • sectarian hatred — hatred against a group of persons defined by reference to religion, religious sect, religious persuasion, or religious belief; 3[ • seize — to take custody or control of money or other property in order to prohibit its transfer, conversion, disposition or movement;] • serious — dangerous to life or property • terrorist investigation — an investigation of: (a) the commission, preparation or instigation of acts of terrorism under this Act; (b) an act which appears to have been done for the purposes of terrorism; (c) the resources of proscribed organization; (d) the commission, preparation or instigation of an offence under this Act; or (e) any other act for which investigation may be necessary for the purposes of this Act • weapons — any items which can be used to injure or cause bodily harm, and includes any type of firearm, explosive, sword, dagger, knuckle- duster, stengun, bomb, grenade, rocket launcher, mortar or any chemical, biological weapon or any other thing which can be used for causing injury, hurt, harm or destruction of person or property, and includes ‘illicit arms’ as defined in the Surrender of Illicit Arms Act, 1991 (XXI of 1991); and (cc) all other terms and expressions used but not defined in this Act, shall have the meanings as are assigned to them in the Pakistan Penal Code, 1860, or the Code of Criminal Procedure, 1898.] This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.___ In this Act, unless there is anything repugnant in the subject or context,__ (a) “armed forces” means the Military, Naval and Air Forces of Pakistan and the Reserves of such Forces; (b) “civil armed forces” means the Frontier Constabulary, Frontier Corps, Pakistan Coast Guards, Pakistan Rangers or any other civil armed force notified by the Federal Government as such; (c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); (d) 2[“child” means a person who at the time of the commission of the offence has not attained the age of eighteen years; (e) “court” means an Anti-terrorism Court established under section 13; (f) “explosives” means any bomb, grenade, dynamite, or explosive substance capable of causing an injury to any person or damage to any property and includes any explosive substance as defined in the Explosives Act, 1884 (Act IV of 1884); (g) “firearms” means any or all types and gauges of handguns, rifles and shotguns, whether automatic, semi-automatic or bolt action, and shall include all other firearms as defined in the Arms Ordinance, 1965 (W.P. Ord. XX. of 1965); (h) “fine”, means a pecuniary amount to be determined by the Court having regard to the facts and circumstances of the case; 1[(ha) “freeze” means to prohibit the transfer, conversion, disposition or movement of any money or other property;] (i) “Government” means the Federal Government or, as the case may be, a Provincial Government; (j) “grievous”, in relation to bodily injury, means any emasculation, mutilation, incapacitation, disfigurement or severe harm or hurt; and in relation to property, means severe loss, damage or destruction; (k) “High Court” means the High Court having territorial jurisdiction in respect of the area for which an Anti-terrorism Court has been established; (l) “hijacking” means any unlawful seizure or exercise of control, or any attempt at unlawful seizure or exercise of control, of an aircraft, by force, violence, threat or any form of obstruction, directly or through any other person, from within or outside the aircraft; (m) “hostage taking” means the holding of a person captive with threats made to kill or harm that person if demands are not met; (n) “kidnapping for ransom” means the action of conveying any person from any place, without his consent, or by force compelling or by any deceitful means inducing him, to go from any place, and unlawfully detaining him and demanding or attempting to demand, money, pecuniary or other benefit from him or from another person, as a condition of his release; (o) “meeting” means a meeting of two or more persons, whether in public or private; 2[(oa) “money” includes coins or notes in any currency, postal orders, money orders, bank credits, bank accounts, letter of credit, travelers cheques, bank cheques, bankers draft, in any form, electronic, digital or otherwise and such other kinds of monetary instruments or documents as the Federal Government may by order specify;] (p) “organization” means any group, combination or body of persons 2[****]; 3[(pa) “person” means any natural, legal person or body corporate;] 1[2[(paa)] “property” means property of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes shares, securities, bonds and deeds and instruments evidencing title to, or an interest in, property of any kind and money;] 3[(q) “proscribed organization” means any organization which is listed in the First Schedule under section 11B;] 3[(qa) “proscribed person” means any individual who is listed in the Fourth Schedule under section 11EE;] (r) “public servant” shall have the same meaning as in Section 21 of the Pakistan Penal Code, 1860, or in any other law for the time being in force; (s) “Schedule” means a Schedule to this Act; (t) “Scheduled offence” means an offence as set out in the Third Schedule; (u) “sectarian” means pertaining to, devoted to, peculiar to, or one which promotes the interest of a religious sect, or sects, in a bigoted or prejudicial manner; (v) “sectarian hatred” means hatred against a group of persons defined by reference to religion, religious sect, religious persuasion, or religious belief; 3[(va) “seize” means to take custody or control of money or other property in order to prohibit its transfer, conversion, disposition or movement;] (w) “serious” means dangerous to life or property; (x) “terrorism” or “act of terrorism” has the meaning as assigned to it in section 6; (y) “terrorist” has the meaning as assigned to it in section 4[6(7)]; (z) “terrorist investigation” means an investigation of: (a) the commission, preparation or instigation of acts of terrorism under this Act; (b) an act which appears to have been done for the purposes of terrorism; (c) the resources of proscribed organization; (d) the commission, preparation or instigation of an offence under this Act; or (e) any other act for which investigation may be necessary for the purposes of this Act. (aa) “terrorist property” means: (i) (a) money or other property which is used or is likely to be used for the purposes of terrorism [including any resources of 1[an organization concerned in terrorism or a terrorist]]; (b) proceeds of the commission of acts of terrorism; (c) proceeds of acts carried out for the purposes of terrorism; and (ii) 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 (including payments of other rewards in connection with the commission); 1[and] (b) the reference to an organization’s resources include 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 organization, 1[;] (c) 1[* * * * * * *] (bb) “weapons” means any items which can be used to injure or cause bodily harm, and includes any type of firearm, explosive, sword, dagger, knuckle- duster, stengun, bomb, grenade, rocket launcher, mortar or any chemical, biological weapon or any other thing which can be used for causing injury, hurt, harm or destruction of person or property, and includes ‘illicit arms’ as defined in the Surrender of Illicit Arms Act, 1991 (XXI of 1991); and (cc) all other terms and expressions used but not defined in this Act, shall have the meanings as are assigned to them in the Pakistan Penal Code, 1860, or the Code of Criminal Procedure, 1898.]

Effective date: 1997-08-16

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