THE OFFICIAL SECRETS ACT, 1923

1 Act No. XIX of 1923

An Act to consolidate and amend the law in 2{Pakistan}

Relating to official secrets

Preamble 3

1 For Statement of Objects and Reasons, see Gazette of India, 1992, Pt. V,p.
210 and for Report of Selection Committee, see ibid., 1923, Pt. V.,p. 61.

Fro temporary amendment of this Act during the continuance of war and for a
period of six months thereafter, see s. 6 of the Defence of India Act, 1939 (35 of
1939), since expired.

The Act has bee extended to the Leased Areas of Balochistan, see the Leased
Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the Federated
Areas of Balochistan, see Gazette of India, 1937, Pt. I, p. 1499.

This Act has been extended to the Balochistan States Union, see the
Balochistan States Union (Federal Laws Extensions) Order, 1953 (G.G.O. 4 of
1953), as amended by the Balochistan States Union {Federal Laws
(Extension)(Second Amdt.) Order, 1953 (G.G.O. 19 of 1953)}.

It has also been extended to the Kaipur State, see G.G.O. 5 of 1953, as
amended by G.G.O. 24 of 1953.

It has also been extended to the State of Bahawalpur by the Bahawalpur

(Extension of Federal Laws) Order, 1953 (G.G.O 11 of 1953), as amended.

The Act has been and shall be deemed to have been brought into force in
Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of
Central Laws) Ordinance, 1960 (37 of 1960), s. 2.

This Act has been applied with certain modifications to the Tribal Areas of West
Pakistan by Regulation No. 1 of 1963, s. 2 and Sch. (with effect from the 30th
December, 1964).

For notification of Procedure provided under this Act, see the Enemy Agents
Ordinance, 1943 (1 of 1943).

Whereas it is expedient that the law relating to official secrets in 2{Pakistan}

should be consolidated an amended:
It is hereby enacted as follows:-
1. Short title, extent and application.- - (1) This Act may be called the 4n*
Official Secrets Act, 1923.
1{(2) It extends to the whole of Pakistan, and applies also to all citizens of
Pakistan and persons in the service of Government wherever they may be.}

2. Definitions. In this Act, unless there is anything repugnant in the subject

or context,-
(1) any reference to a place belonging to 2 {Government} includes a
place occupied by any department of the government, whether the
place is or is not actually vested in 2 {Government};
3*
(2) expressions referring to communicating or receiving include any
communicating or receiving, whether in whole or in part, and
whether the sketch, plan, model, article, note, document, or
information itself or the substance, effect or description thereof only
be communicated or received; expressions referring to obtaining or
retaining any sketch, plan, model, article, note or documents,
include the copying or causing to be copied of the whole or any part
of any sketch,

3 Omitted by ord. XXVII of 1981, s. 3 & Sch. II.

2 Subs, by the Central Laws (Statute Reforms) 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, for British India .
4 The word Indian omitted by the Federal Laws (Revision and
Declaration) Act, 1951 (26of 19651), s. 3 and II Sch.
1 Subs. By the Central Laws (Statute Reform) Ordinance, 19610 (21 of
1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for
sub-section (2) as amended by A.O., 1937, A.O., 1949 and the Federal
Laws (Revision and Declaration) Act, 1951 (26 of 1951).
2 Subs, by A.O., 1961, Art. 2 and Sch., for His Majesty (with effect
from the 23rd March, 1956).
3 CI. (1A) which was ins. By A.O., 1937, omitted by A.O., 1949

654 MEDIA AND THE MASS COMMUNICATION LAWS OF

PAKISTAN

plan, model, article, note, or document; and expressions referring to

the communication of any sketch, plan, model, article note or
document; include the transfer of transmission of the sketch, plan,
model, article, note or document;

4 {(2a)} appropriate Government means, in relation to matters

enumerated in the {Federal Legislative List in the Fourth Schedule} to
the Constitution, the 5 {Federal Government} and, in relation to any
other matter, the Provincial Government;}

(3) document includes part of a document;

(4) model includes design, pattern and specimen;
(5) munitions of war includes the whole or any part of any ship,
submarine, aircraft, tank, or similar engine, arms and ammunition,
torpedo, or mine intended or adopted for use in war, and any other
article, material, or device, whether actual or proposed, intended for
such us;
(6) Officer under 1 {Government} includes any office or employment
in or under any department of the Government 2
* * *

(7) photograph includes an undeveloped film or plate;

(8) prohibited place means
(a) any work of Defence, arsenal, naval, military or air force
establishment or station, mine, minefield, camp, ship or
aircraft belonging to, or occupied by or on behalf of,
1{Government}, any military telegraph or telephone so
belonging or occupied, any wireless or signal station or
office so belonging or occupied and any factory, dockyard
or other place so belonging or occupied and used for the
purpose of building, repairing, making or storing any
munitions of war, or any sketches, plans, models or
documents relating thereto,

4 Sub-section (2A)ins. by A.O.., 1964, Art. 2 and Sch.

5 Subs. by President s Order No. 4 of 1975, Art, 2, Table and
Schedule
1 Subs. by A.O., 1961, Art. 2 and Sch., for His Majesty (with
effect from the 23rd March, 1956).
2 The words or of the Government of the United Kingdom or
of any British Possession omitted ibid. (with effect from the
23rd March, 1956).
Or for the purpose of getting any metals, oil or minerals of use
in time of war;
(b) any place not belonging to 1 {Government} where any
munitions of war or any sketches, models, plans or
documents relating thereto, are being made, repaired,
gotten or stored under contract with, or with any person on
behalf of, 1{Government}, or otherwise on behalf of
1{Government};
(c) any place belonging to or used for the purpose of
1{Government} which is for the time being declared by the
3 {appropriate government}, by 4notification in the 5
 {official Gazette}, to be a prohibited place for the purposes
of this Act on the ground that information with respect
thereto, or damage thereto, would be useful to an enemy,
and to which a copy of the notification in respect thereof
has been affixed in English and in the vernacular of the
locality;
(d) any railway, road, way or cannel, or other means of
communication by land or water (including any works or
structures being part thereof of connected therewith), or
any for purposes of a public character, or any place where
any munitions of war or any sketches, models, plans, or
documents relating thereto, are being made, repaired or
stored otherwise than on behalf of 1 {Government}, which
is for the time being 2 {declared by the 3 {appropriate
Government} by notification in the 4 {official Gazette}, to be
a

3 Subs. by A.O., 1964, Art. 2 and Sch., for Central

Government which had been subs. by A.O., 1937, for G.G. in
C.
4 For instance of notifications see Gaz. Of P., 1957, Ext., p.
1172; ibid., 1959, Pt. I,P. 518 and ibid., 1960, Pt. I,p. 520.
5 Subs. by A.O., 1937, for Gazette of India .
1 Subs. by A.O., 1961, Art. 2 for His Majesty with effect from
the 23rd March, 1956.
2 For such declaration see Gaz. Of P., 1955, Pt, 1, p. 43 and
383; and ibid., 1958, Pt, I, p. 1470.
3 Subs. by A.O., 1964, Art. 2 and Sch., for Central
Government which had been subs. by A.O., 1937, for G.G. in
C. .
4 subs. by A.O., 1937, for Gazette of India .

656 MEDIA AND THE MASS COMMUNICATION LAWS OF

PAKISTAN

Prohibited place for the purpose of this Act on the ground that
information with respect thereto, or the destruction or
obstruction thereof, or interference therewith, would be useful
to an enemy, and to which a copy of the notification in respect
thereof has been affix in English and in the vernacular of the
locality 5{:}.
6 {Provided that where for declaring a prohibited place under
sub-clause (c) or sub-clause (d) a notification in the official
Gazette is not considered desirable in the interest of the
 security of the State, such declaration may be made by an
order a copy or notice of which shall be prominently displayed
at the point of entry to, or at a conspicuous place near, the
prohibited place.}

(9) sketch includes any photograph or other made of representing

any place or thin; and

(10) Superintendent of Police includes any police officer of a like or

superior rank, and any person upon whom the powers of a
Superintendent of Police are for the purposes of this Act conferred by
the 3{appropriate Government], 7 * * *

3. Penalties for spying. (1) If any person for any purpose prejudicial to the
safety or interests of the State-

(a) approaches, inspects, passes over or is in the vicinity of, or

enters, any prohibited place; or

(b) makes any sketch, plan, model, or note which is calculated

to be or might be or is intended to be, directly or indirectly,
useful to any enemy; or

(c) obtains, collects, records or publishes or communicates to

any other person any secret official code or pass word, or
any sketch, plan, model, article or note or other document
or information which is calculated to be or might be or is
intended to be, directly or indirectly, useful to an enemy;

------------------------------------

5 Subs. by the official Secrets (Amdt) Act, 1966 (8 or 1966), s.

2 for semicolon.

6 Provisions. ibid.

7 The words or by any L.G. omitted by A.O., 1937. he shall

be 1{guilty of an offence under this section.}

--------------------------

(2) On a prosecution for an offence punishable under this section with

imprisonment for a term which may extend to fourteen years, it
shall not be necessary to show that the accuse person was guilty of
any particular act tending to State, and notwithstanding that no
such act is proved against him, he may be convicted, if from the
 circumstances of the case or his conduct or his known character as
proved, it appears that his purpose was a purpose prejudicial to the
safety or interest of the State; and if any sketch, plan, model,
article, note, document, or relating to any thing in such a place, or
any secret officials code or pass word is made, obtained, collected,
recorded, published or communicated by any person other than a
person acting under lawful authority, and from the circumstances of
the case or his conduct or his purchase prejudicial to the safety or
interests of the State, such shall be presumed to have been made,
obtained, collected, recorded, published or communicated for a
purpose prejudicial to the safety or interest of the State.

2 {(3)} A person guilty of an offence under this section shall be

punishable,-

(a) where the offence committed is intended or calculated to be,

directly or indirectly, in the interest or for the benefit of a foreign
power, or is in relation to any work of defence, arsenal, naval,
military or air force establishment or station, mine-field, factory,
dockyard, camp, ship or aircraft or otherwise in relation to the
naval, military or air force affaires of Pakistan or in relation to any
secret official code, 3 {with}

-----------------------------------

1 Subs. by the Official Secrets (Amdt.) Act, 1966, 98 or 1966), s. 3, for

certain words which were previously amended by A.O., 1961, Art, 2.

2 Sub-section 93), added by Act 8 of 1966 s. 3.

3 Ins. by Act No. VIII of 1968, s. 2.

658 MEDIA AND THE MASS COMMUNICATION LAWS OF

PAKISTAN

death or} with imprisonment for a term which may extend to fourteen
years; and

(b) in any other case, with imprisonment for a term which may
extend to three years.}
1 {3 A. Restriction against photographs, sketches, etc. of
prohibited and notified area - - (1 ) No person shall, except under the
 authority of a written permit granted by or on behalf of the
2{appropriate Government}, make any photograph, sketch, plan,
model, note or representation of any kind of any prohibited place or of
any other place of area with regard to which such restriction appears to
that Government to be expedient in the interests of the security of
Pakistan, or of any part of or object in any such place or area.
The 2 {appropriate Government} may, by general or special order
make provision for securing that no photograph, sketch, plan, model,
note or representation of any kind made under that authority of a
permit granted in pursuance of subsection (1) shall be published
unless and until the same has been submitted to and approv3d by
such authority or person as may be specified in the order, and may
retain or destroy or otherwise dispose of anything so submitted.

(3) If any person contravenes any of the provisions of this section, he

shall be punished with imprisonment for a term which may extend
to three years or with fine or with both.

(4) The 3 {Federal Government} may by notification in the official

Gazette empower any provincial Government. To

1 S. 3A, ins. by the Official Secrets (Amdt.) Act, 1956 (10 of 1956), s.
2.
2 Subs. by A.O., 1964, Art. 2 and Sch., for Central Government .
3 For notification empowering the Provincial Governments, the Chief
Commissioner of Karachi and the Agent to the Governor-General and
Chief Commissioner in Balochistan to exercise the powers exercisable
by the Central Government under this section and under cls. and (d)
of sub-section (8) of section 2 and sub-section (10) of section 2, see
Gaz. Of P., 1955, Ext., pp. 1019, 1338 and 1470.
For notification declaring certain places in the province of East
Pakistan as Prohibited places , see Decca Gazette, 1958, Pt. I, p.
1631.

Exercise all or any of the powers exercisable by the 4{Federal

Government} under this section, of under sub-clause or sub-clause
(d) of clause (8) of section 2, or under clause (10) of that section.}

4. Communications with foreign agents to be evidence of commission

of certain offences - - (1) In any proceedings
against a person for an offence under section 3, the fact that he has been
in communication with, or attempted to communicate with, a foreign agent,
whether within or without 5 {Pakistan}, shall be relevant for the purpose of
proving that he has, for a purpose prejudicial to the safety or interests of
the State, obtained or attempted to obtain information which is calculated
 to be or might be, or is intended to be, directly or indirectly, useful to an
enemy.

(2) For the purpose of this section, but without prejudice to the generality of
the foregoing provisions:-

(a) a person may be presumed to have been in communication with a foreign

agent if-

(i) he has, either within or without 1{Pakistan}, visited the address of a foreign
agent or consorted or associated with a foreign agent, or

(ii) either within or without 1{Pakistan}, the name or address of, or any other
information regarding, a foreign agent has been found in his possession, or has
been obtained by him from any other person;

(b) the expression foreign agent includes any person who is or has been or
in respect of whom it appears that there are reasonable grounds for suspecting
him of being or having indirectly, for the purpose of committing an act, either
within

4 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 921 or 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, for British
India:-

5 Subs. by P.O. No. 4 of 1975, Art. 2 and Table.

660 MEDIA AND THE MASS COMMUNICATION LAWS OF PAKISTAN

OR WITHOUT 1{Pakistan}, prejudicial to the safety or interests of the State, or

who has or is reasonably suspected of having, either within or without
1{Pakistan}, committed, or attempted to commit, such an act in the interests of
a foreign power;

(c) any address whether within or without 1{Pakistan}, in respect of which it

appears that there are reasonable grounds for suspecting it of being an
address used for the receipt of at which a foreign agent resides or to which
he resorts for the purpose of giving or receiving communications, or at
which at which a foreign agent resides or to which he resorts for the
purpose of giving or receiving communications, or at which he carries on
any business, may be presumed to be the address of a foreign agent, and
 communications address to such an address to be communication with a
foreign agent.\

5. Wrongful communication, etc., of information - - (1) If any person

having in his possession or control any secret official code or pass word or
any sketch, plan, model, article, note, document or information which
relates to or is used in a prohibited place or relates to anything in such a
place, or which has been entrusted in confidence to him by any person
holding office under 2 {Government} or as a person who holds or has held
a contract made on behalf of 1{Government} or as a person who is or has
been employed under a person who holds or has held such an office or
contract

1 Subs. 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, for
British India .

2 Subs. by A.O., 1961, Art 2 for His Majesty (with effect from the 23rd March,
1956).

Subs. by A.O., 1961, Art. 2, for His Majesty (with effect from the 23rd March,
1956).

(a) willfully communicates the code or pass word, sketch, plan, model,
article, note, document or information to any person other than a
person to whom he is authorized to communicate it, or a Court of
Justice or a person to

(b) whom it is in the interest of the State, his duty to communicate it; or

(c) uses the information in his possession for the benefit of any foreign
power or in any other manner prejudicial to the safety of the State; and

(d) retains the sketch, plan, model, article note or document in his
possession or control when he has no right to retain it or when it is
contrary to his duty to retain it, or willfully fails to comply with all
directions issued by lawful authority with regard to the return or
disposal thereof; or
 (e) fails to take reasonable care of, or o conducts himself as to endanger
the safety of, the sketch, plan, model, article, note, document, secret
official code or pass word or information;

(2) If any person voluntarily receives any secret official code or pass
word or any sketch, plan, model, article, note, document or information
knowing or having reasonable ground to believe, at the time when he
receives it, that the code, pass word, sketch, plan, model, article, note,
document or information is communicated in contravention of this Act, he
has be guilty of an offence under this section.

2 [(3)} A person guilty of an offence under this section shall be punishable,-

(a) where the offence committed is a contravention of clause (a) of

sub-section (1) and intended or calculated to be, directly or indirectly, in the
interest or for the benefit of a foreign power, or is in relation to any work of
defence, arsenal, naval, military or air force establishment or station, mine,
minefield, factory, dockyard, camp, ship or aircraft or

2 Subs. by the Official Secrets (Amdt.) Act, 1966 (8 of 1966), s. 4 for the

original Sub-sections (3) and (40.

662 MEDIA AND THE MASS COMMUNICATION LAWS OF PAKISTAN

otherwise in relation to the navel, military or air force affairs of Pakistan or in

relation to any secret code, 2 {with death, or} with imprisonment for the tern
which may extend to fourteen years; an

(b) In any other case, with imprisonment for a term which may extend to
two years, or with fine, or with both.}

6.- Unauthorized us of uniforms; falsification of reports, forgery,

personation, and false documents - -(1) If any person for the purpose of
gaining admission or of assisting any other person to gain admission to a
prohibited place or for any other purpose prejudicial to to safety of the State

(a) uses or wears, without lawful authority, any naval, military, air force,
police or other official uniform, or any uniform so nearly resembling the
same as to be calculated to deceive, or falsely represents himself to be
a person who is or has been entitled to us or wear any such uniform; or

(b) orally, or in writing in any declaration or application, or in any document

signed by him or on his behalf, knowingly makes or connives at the
making of any false statement or any omission; or
(c) forges, alters, or tampers with any passport or any naval, military, air
force, police, or official pass, permit, certificate, license, or other
document of a similar character (hereinafter in this section referred to
as an official document) or knowingly uses or has in his possession
any such forged, altered, or irregular official document; or

(d) personate, or falsely represents himself to be, a person holding, or in

the employment of a person holding, office under 1 {Government}, or
to be or not to be a person to whom an official document or secret
official code or pass word has been duly issued or communicated, or
with intent to obtain an official document, secret official code or pass
word,

------------------------------------------------

2 Ins. by Act No. VIII of 1968, s. 3.

1 Subs. by A.O. 1961, Art. 2, for His Majesty (with effect from the 23rd
1956)

--------------------------

Whether for himself or any other person, `knowingly makes any false
statement; or

(e) uses, or has in his possession or under his control, without the
authority of the department of the Government or the authority
concerned, any die, seal, or stamp of or belonging to, or used, made or
provided by, any department of the Government, or by any diplomatic,
naval, military or air force authority appointed by or acting under the
authority of
1{Government}, or any die, seal or stamp so nearly resembling
any such die, seal or stamp as to be calculated to deceive, or
counterfeits any such die, seal or stamp, or knowingly uses, or has in
his possession or under his control, any such counterfeited die, seal or
stamp,

He shall be guilty or an offence under this section.

(2) If any person for any purpose prejudicial to the safety of the
Stat-

(a) retains any official document, whether or not completed or

issued for use, when he has no right to retain it, or when it
is contrary to his duty to retain it, or willfully fails to comply
with any directions issued by any department of the
 Government or any person authorized by such
department with regard to the return or disposal thereof;
or

(b) allows any other person to have possession of any official

document issued for his use alone, or communicates any
secret official code or pass word so issued, or, without
lawful authority or excuse, has in his possession any
official document or secret official code or pass word
issued for the use of some person other than himself, or,
on obtaining possession of any official document by
finding or otherwise, willfully fails to restore it to the
person or authority by whom or for whose us it was
issued, or to police, officer; or

(c) without lawful authority or excuse, manufactures or sells,

or has in his possession for sale, any such die, seal or
stamp as aforesaid; he shall be guilty of an offence under
this section.

664 MEDIA AND THE MASS COMMUNICATION LAWS OF

PAKISTAN

(3) A person guilty of an offence under this section shall be

punishable with imprisonment for a term which may extend
to two years or with fine, or with both.

(4) The provisions of sub-section (2) of section 3 shall apply, for

the purpose of proving a purpose prejudicial to the safety of
the State, to any prosecution for an offence under this
section relating to the navel, military or air force affairs of 1
{Government}, or to any secret official code in like manner
as they apply, for the purpose of proving a purpose
prejudicial to the safety or interests of the State, to
prosecutions for offences punishable under that section with
imprisonment for a term which may extend to fourteen years.

7. Interfering with officers of the police or members of the armed

forces of Pakistan - - (1) No person in the vicinity of
any prohibited place shall obstruct; knowingly mislead or otherwise interfere with
or impede, any police officer, or any member of 2 {the armed forces of Pakistan}
engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited
place.
(2) If any person acts in contravention of the provisions of this section, he shall
be punishable with imprisonment which may extend to two years, or with fine, or
with both.

8. Duty of giving information as to commission of offences

(1) It shall be the duty of
every person to give on demand to a Superintendent of Police, or other
police officer not below the rank of Inspector, empowered by an
Inspector-General 1 * * * in this behalf, or to any member of 2 {the
armed forces of Pakistan} engaged on guard, sentry, patrol or other
similar duty, any information in his power relating to an

1 Subs. by A.O., 1961, Art. 2, His Majesty (with effect from the 23rd
March, 1965).

2 Subs. ibid., Art. 2 and Sch., for His Majesty s forces (with effect from
23rd March, 1965).

1 The words or Commissioner of Police omitted by A.O., 1949.

2 Subs. ibid., Art. 2 and Sch., for His Majesty s forces (with effect from the
23rd March, 1965).

Offence or suspected offence under section 3 or under section 3 read with

section 9 and, if so required, and upon tender of his reasonable expenses,
to attend at such reasonable time and place as may be specified for the
purpose of furnishing such information.

(2) If any person fails to give any such information or to attend as

aforesaid, he shall be punishable with imprisonment which may extend to
two years, or with fine, or with both.

9. Attempts, incitements, etc.- -

10. Any person who attempts to commit or abets the commission of an

offence under this Act shall be punishable with the same punishment,
and be liable to be proceeded against in the same manner as if he had
committed such offence.

11. Penalty for harboring spies - -

(1) If any person knowingly harbors any person whom he knows or has
reasonable grounds for supposing to be an person who is about to commit
or who has committed an offence under section 3 or under section 3 read
with section 9 or knowingly permits to meet or assemble in any premises in
his occupation or under his control any such persons, he shall be guilty of
an offence under this section.

(2) It shall be the duty of every person having harbored any such person as
aforesaid or permitted to meet or assemble in any premises in his
occupation or under his control any such person as aforesaid, to give on
demand to a Superintendent of Police or other police officer not below the
rank of Inspector empowered by an Inspector-General 1 * * * in this
behalf, any information in his power relating to any such person or persons,
and if any person fails to give any such information, he shall be guilty of an
offence under this section.

(3) A person guilty of an offence under this section shall be punishable with
imprisonment for a term which may extend to one year, or with fine, or with
both.

666 MEDIA AND THE MASS COMMUNICATION LAWS OF PAKISTNA

12. Search warrants

(1) If a * *, Magistrate of the first class or Sub-divisional Magistrate is

satisfied by information on oath that there is reasonable ground for
suspecting that an offence under this Act has been or is about to be
committed, he may grant a search-warrant authorizing any police officer
named therein, not being below the rank of an officer in place named in the
warrant, if necessary, by force, and to search the premises or place and
every person found therein, and to seize and sketch, plan, model, article,
note or document or anything of a like nature, or anything which evidence
of an offence under this Act having been or being about to be committed
which he may find on the premises or place or any such person, and with
regard to or in connection with which he has reasonable ground for
suspecting that an offence under this Act has been or is about to be
committed.

(2) Where it appears to a police officer, not being blow the rank of
Superintendent, that the case is one of great emergency, and that in the
interests of the State immediate action is necessary, he may by a written
order his hand given to any police officer the like authority as may be given
by the warrant of a Magistrate under this Section.

(3) Where action has been taken by a police officer under sub-section (2)
he shall, as soon as may be, report such action, 2 * * to the District or
Sub-Divisional Magistrate.

13. Power to arrest Notwithstanding anything in the Code of Criminal

Procedure, 1898,-
 3 **********************

4 {5} (b) and offence under this Act, other than an offence
punishable with imprisonment for a term which may extend

1 The words Presidency Magistrate omitted, by A.O., 1949.

2 The words in a Presidency-town to the Chief Presidency

Magistrate, and outside such town omitted ibid.

3 Clause (a) omitted by the Official Secrets (Amdt.) Act, 1966 (8 of

1966), s. 5.

5 Subs. by the Official Secrets (Amdt.) Act, 1952 (13 of 1952), s. 2

for the original clauses (b) and (c).

to fourteen years, shall be a cognizable and bailable offence; and.}.

6 ( c) any member of the armed forces of Pakistan may, without an order
from a Magistrate and without a warrant, arrest in or in the vicinity or a prohibited
place, any person who has been concerned in an offence under section 3, under
section 3 read with section 9, or under clause (a) or clause 9b) or subsection (10
of section 5, or under clause (a) complaint has been made or credible information
has been received, or a reasonable suspicion exists of his having been so
concerned, and shall without unnecessary delay take or send the person
arrested before an officer in charge of a police-station, and thereupon the
provisions of the said Code applicable in respect of a person who, having been
arrested without warrant, has been taken or sent before a magistrate or before
and officer in charge of a police-station shall apply to him}.

13. --- 1 {Restriction on trial of offences - (1) Not Court other than that
of a Magistrate of the first class specially empowered in this behalf by the
2{appropriate Government} 3 * * Magistrate shall try any offence under this
Act.}
(2) If any person under trial before a Magistrate for an offence under this
Act at any time before a charge is framed claims to be tried by the Court of
Session, the Magistrate shall, if he does not discharge the accused, commit the
case for trial by that Court, notwithstanding that it is not a case exclusively triable
by the Court.
(3) No Court shall take cognizance of any offence under this Act unless
upon complaint made by order or under

5 Subs. by act 8 of 1966, s. 5 for clause (b).

6 Subs. by Act No. XV of 1957, s. 2.
1 Substituted by Ord. XXVII of 1981. S. 3 & Sch. II.
2 Subs. by A.O.., 1937, for L.G.
3 The words or Presidency omitted by A.O., 1949.

668 MEDIA AND THE MASS COMMUNICATION LAWS OF PAKSITNAN

authority from, the 4{appropriate Government} 5 * * * or some officer

empowered by the 1 {Appropriate Government} in this behalf
:
Provided that a person charged with such an offence may be arrested, or
a warrant for his arrest may be issued and executed, and any such person may
be remanded in custody or on bail, notwithstanding that such complaint has not
been made, but not further or other proceedings shall be taken until such
complaint has been made.
(5) For the purposes of the trial of a person for an offence under this Act, the
offence may be deemed to have been committed either at the place in
which, the same actually was committed or at any place in 6 {Pakistan}
in which the offender may be found.
7 *
1 [(6) The 2 {appropriate Government} may, if it thinks fit, by general or special
order direct that the procedure for the trial of an offence under section, or under
sexton 3 read with section 9, or under clause (a) of sub-section (1) of section 6
shall be that prescribed for offences under the Enemy Agents Ordinance, 1943,
or under the Pakistan Criminal Law Amendment Act {1958 (XL of 1958.}3
14. Exclusion of public from proceedings --- In addition and without
prejudice to any powers which a Court may possess to order the
exclusion of the public from any

4 Subs. by A.O., 1937, for G.G. in C. .

5 The words the L. G. rep., ibid.
6 Subs. 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 British
India .
7 Sub-section (5) which was ins. by A.O., 1937 omitted by A.O., 1964, Art. 2 and
Sch
1 Sub-section (6) ins. by the Official Secrets (Amdt.) Act, 1952 (13 of 1952) s. 3
2 Subs. by A.O., 1964, Art. 2nd Sch. For Central Government .
3 Subs. by Act No. XV of 1967, s. 3.

Proceedings if, in the course of proceedings before a Court against any person
for an offence under this Act or the proceedings on appeal, or in the course of the
trial of a person under this Act, application is made by the prosecution, on the
ground that the publication of any evidence to be given or of any statement to be
made in the course of the proceedings would be prejudicial to the safety of the
State, that all or any portion of the public shall be excluded during any part of the
hearing, the Court may make in order to that effect, but the passing of sentence
shall in any case take place in public.
15. Offences by companies, etc. - - Where the person guilty of an offence
under the Act is a company or corporation, every director and officer of
the company or corporation, every knowledge and consent the offence
was committed shall be guilty of the like offence.
16. {Repeals.} Rep., by the Repealing Act, 1927 (XII of 1927), s. 2 and
Schedule