Section 8: More heinous offences

8. More heinous offences.___ (1) Every member of the Constabulary who commits any of the following offences, that is to say :___ (a) begins, excites, causes or conspires to cause or joins in any mutiny; or being present at any mutiny, does not use his utmost endeavours to suppress it, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention to mutiny, or of any conspiracy against the State does not, without delay give information thereof to his commanding or other superior officer; or, (b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer whether on or off duty knowing or having reason to believe him to be such ; or, (c) shamefully abandons or delivers up any garrison, fortress, post or guard which is committed to his charge, or which it is his duty to defend ; or, (d) directly or indirectly holds correspondence with, or assists or relieves any person in arms against the State, or omits to discover immediately to his com- manding or other superior officer any such correspondence coming to his knowledge ; or, who, while on active service,___ (e) disobeys the lawful command of his superior officer ; or, (f) deserts the service ; or, (g) being a sentry, sleeps upon his post, or quits it without being regularly relieved or without leave ; or, (h) without authority, leaves his commanding officer, or his post or party, to go in search of plunder ; or, (i) quits his guard, picquet, party, or patrol without being regularly relieved or without leave ; or, (j) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard or, without authority, breaks into any house or any other place for plunder, or plunders, destroys, or damages any property of any kind ; or, 1Ins. by the North-West Frontier Constabulary (Amdt.) Ordinance, 1943 (42 of 1943), s. 3. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “a Province other than the North-West Frontier Province”. 3Subs by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which was previously amended by A. O., 1937, for “L. G.”. (k) intentionally causes or spreads a false alarm in action or in camp, garrison, or quarters ; or, (l) displays cowardice in the execution of his duty ; shall be punishable with 1[imprisonment] for life or for a term of not less than seven years, or with imprisonment for a term which may extend to fourteen years, or with fine which may extend to three months' pay, or with fine to that extent in addition to such sentence of transportation or imprisonment, as the case may be, as may be passed upon him under this section. (2) If any member of the Constabulary while on active service with a force beyond the limits of 2[Pakistan], is charged with committing any offence described in clause (c), clause (d), or clause (f), of sub-section (1), or the offence of culpable homicide amounting to murder, he may be summarily tired for such offence by the Political Officer accompanying the force, sitting with two other officers appointed by the Political Officer for this purpose. (3) Every officer appointed under sub-section (2) shall be either – 3[(a) an officer of the Pakistan Army, other than a junior commissioned officer, or,] (b) a civil officer, of gazetted rank, or, (c) a person appointed under section 5 Provided that, if circumstances permit, not less than once such officer shall be a Constabulary Officer appointed under section 5. (4) If one or both of the officers sitting with the Political Officer concur with him in finding the accused guilty, and the Political Officer so directs, the accused shall be forthwith shot to death.

Effective date: 1915-01-01

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