Section 8: More heinous offences

8. More heinous offences.—(1) Every member of the Frontier Corps who— (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 or conspiracy to mutiny, or of any conspiracy against the authority of the Government does not, without delay, give information thereof to his 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 and whether or not 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, 1 Ins. by the Frontier Corps (Amdt.) 1974 (2 of 1975), s. 2. 2 Subs. by the Frontier Corps (Amdt) Act, 1974 (2 of 1975), s.2, for “Central Government”. 3 Subs. by the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 4, for the original sub-section (2). any person in arms against the authority of the Government, or omits to disclose immediately to his superior officer any such correspondence coming to his knowledge ; or 1[(dd) deserts the Frontier Corps ; or] (e) while on active service— (i) disobeys the lawful command of his superior officer; or 2* * * * * * * (iii) being a sentry, sleeps upon his post, or quits it without being regularly relieved or without leave ; or (iv) leaves his superior officer or his post or party to go in search of plunder ; or (v) quits his guard, picquet party or patrol without being regularly relieved or without leave ; or (vi) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safe- guard, or breaks into any house or other place for plunder, or plunders, destroys or damages any property of any kind ; or (vii) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters ; or (viii) displays cowardice in the execution of his duty; shall be punishable, in the case of clause (a), with death or imprisonment for a term which may extend to fourteen years, and in other cases, with 3[imprisonment] for life or for a period 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 and allowances excluding warm clothing and half mounting allowances, or with fine to that extent in addition to such sentence of 4* * * imprisonment: Provided that if any member of the Frontier Corps while on active service with a force beyond the limits of Pakistan commits any offence described in clause (c), clause (d) or 5[clause (dd)], he may be punished with death. (2) If any member of the Frontier Corps is charged with committing any offence described in clause (a) of sub-section (1), or an offence punishable under the proviso to that sub-section, or the offence of murder, he may, notwithstanding anything contained in this Ordinance or in any other law for the time being in force, be summarily tried for such offence by the Political Officer 6[* * *] sitting with two other officers appointed by the Political Officer in consultation with the Com- mandant for such purpose. 1 Cl. (dd) ins. by the Frontier Corps (Amdt.) Act 1965 (I of 1965), s. 5. 2 Sub-Clause (ii) Omitted, ibid. 3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II. 4 Omitted, ibid. 5 Subs. by the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 5, for “sub-clause (ii) of clause (e)”. 6 Omitted by the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 3. (3) Every officer appointed under sub-section (2) shall be either— (a) a person appointed under section 5, or (b) a person holding a commission in the Pakistan Army; or (c) a civil officer of the Provincial or 1[Federal Government] holding Gazetted Class I post: Provided that, if circumstances permit, not less than one such officer shall be a person appointed under section 5. (4) Notwithstanding anything contained in any other law for the time being in force, if in a trial under sub-section (2) one or both of the officers sitting with the Political Officer concur with him in finding the accused person guilty of an offence referred to in that sub-section, and if the Political Officer considers the case one in which a sentence of death should be passed, he may, in passing such sentence, direct that the accused person shall be forthwith shot to death, and such sentence shall be carried out in accordance with such direction.

Effective date: 1959-01-01

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