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) "child" means a person who at
the time of the commission of the offence has not attained the age of the
eighteen years;
(e) "court" means an
COMMENTARY
Petitioner a juvenile
filed application for forwarding the case to Juvenile Court to his extent.
Dismissal by
(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 substances as
defined in the Explosives Act, 1884 (IV of 1884);
(g) "fire-arms" means any or all
types and gauges of handguns, rifles and shotguns, whether automatic,
semi-automatic or bolt action, and shall include all other fire-arms as defined
in the Arms Ordinance 1965 (W.P. Ordinance 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;
(i) "Government" means the
Federal Government or, as the case may be, the Provincial Government;
(j) "grievous", in relation to
bodily injury, means by 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
(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;
(p) "organization" means any
group, combination or body of persons acting under a distinctive name ;
(q) "prescribed organization"
means any organization using a name which is listed in the First Schedule under
Section 11B;
(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;
(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 6(5).
(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 a prescribed
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 a prescribed organization);
(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);
(b) a
reference to an organization's resources includes 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, and includes assets of any kind,
whether tangible or intangible, movable or immovable, and legal documents or
instruments in any form, whether written, electronic or digital, and shares,
securities, bonds drafts and letters of credit; and
(c) a
reference to money includes a reference to any cash which means any coins,
notes in any currency, postal orders, money orders, bank credit, travellers'
cheques, bank cheques, bankers' drafts, and such other kinds of monetary
instruments as the Federal Government may by order specify;
(bb) "weapon" means any item which
can be used to injure or cause bodily harm, and includes any type of fire-arm,
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.] Subs. by
Ordinance, XXXIX of 2001, dated 14th August, 2001; PLJ 2001 Fed.
COMMENTARY
Wherever a
"definition clause" is provided in the statute by the Legislature
then the said definition is to be adhered to for the purpose of the said Act
and no meaning is to be assigned to any term, experience or word other than
provided by the Legislature itself, with the help of Dictionaries or in
accordance with the common connotation. (2002 P.Cr.L.J. 1317)
Anti-Terrorism Act, 1997
was a Special Law and provisions contained therein would override provisions of
general law. Section 2(d) of Anti-Terrorism Act, 1997 defined the word
"Child" which related to an accused person who had not
attained the age of 18 years whereas Section 2(n) defined kidnapping of any
person for ransom without his consent or by force and unlawfully detaining him
and demanding pecuniary or other benefit from him as a condition of his
release. Definition of "Child" as given in Section 2(d) of the
Anti-Terrorism Act, 1997 had no nexus with the age of the abductee. Complaint
had been lodged against the accused under Section 365-A PPC which had provided
death sentence or imprisonment for life. Allegation against the accused was
that the abductee allegedly abducted by accused was of unsound mind. In view of
said allegations and legislative intention incorporated in section 2(n) of
Anti-Terrorism Act, 1997,
As
Complaint lodged by
Respondent against petitioner and his co-accused is u/S. 365-A PPC etc. and
according to allegation abductee is of unsound mind. Held: In view of
allegations contained in complaint and legislative intention incorporated in S.
2(n) of Anti-Terrorism Act,
However, if during trial
doctor deposes that such injuries were not dangerous to life, accused may seek
transfer of case from