There exist some confusion and misconception of law regarding Chapter-XVI (“Offences Affecting the Human Body”) of the Pakistan Penal Code, 1860 (“PPC”) and the Code of Criminal Procedure, 1898 (“Cr.P.C.”) in the legal and judicial system in the Province of Balochistan, dealing with the matters noted above as they still use the repealed provisions of law. For the first time, the provisions relating to Qisas and Diyat were introduced in PPC and Cr.P.C. by the Criminal Law (Second Amendment) Ordinance, 1990 (Ordinance VII of 1990) commonly known as Qisas & Diayt Ordinance. This Ordinance though was repealed by a subsequent Ordinance, i.e. the Criminal Law (Second Amendment) Ordinance, 1991 (Ordinance I of 1991) but the same provisions were also re-enacted in the PPC and Cr.P.C. through the same Ordinance. This process of repeal and re-enactment continued till Ordinance CXIII of 1996 and finally before expiry of Ordinance CXIII of 1996, the provisions of law relating to Qisas and Diyat were permanently made part and parcel of Pakistan Penal Code, 1860 (PPC) and Code of Criminal Procedure, 1898 (Cr.P.C.) vide Criminal Law (Amendment) Act, 1997 (Act II of 1997). The Chapter XVI was accordingly made part of Pakistan Penal Code (PPC) applicable throughout Pakistan. Mentioning of such offences under any of such Ordinances (being repealed one) instead of PPC/Cr.P.C. is not only unlawful but a grave misconception of law. All the concerned Departments i.e. LAW and PROSECUTION; (i) Secretary, Ministry of Law & Justice, Govt. of Pakistan, Islamabad; (ii) Secretary, Law and Parliamentary Affairs Department, Govt. of Balochistan, Quetta; and (iii) Secretary, Prosecution Department, Govt. of Balochistan, Quetta and the Courts should rectify this mistake and should also be vigilant in this regard in future. Copies of this Order be accordingly sent to all the concerned.
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