THE CODE OF CRIMINAL PROCEDURE, 1898

(V OF 1898)

[22nd March, 1898]

An Act to consolidate and amend the law relating to the Criminal Procedure

108.   Security for good behaviour from persons disseminating seditious matter. Whenever a [1][Magistrate of the Ist Class] has information that there is within the limits of his jurisdiction any person who, within or without such limits either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in anywise abets the dissemination of:

(a)     any seditious matter, that is to say, any matter the publication of which is publishable under [2][Section 123-A or] Section 124-A of the Pakistan Penal Code; or

(b)     any matter the publication of which is punishable under Section 153-A of the Pakistan Penal Code; or

(c)     any matter concerning a Judge which amounts to criminal intimidation or defamation under the Pakistan Penal Code.

such Magistrate, if in his opinion there is sufficient ground for proceeding may (in matter hereinafter provided) require such person to show-cause why he should not be ordered to execute a bond; with or without sureties, for his good behaviour for period, not exceeding one year, as the Magistrate thinks fit to fix.

No proceedings shall be taken under this section against the editor, proprietor, or publisher of any publication registered under, [and edited, printed and published][3] in conformity with the [provisions of the Press and Publication Ordinance, 1960, West Pakistan Press and Publications Ordinance, 1963, or any other law relating to press and publications for the time being in force][4] with reference to any matters contained in such publication except by the order or under the authority of Provincial Government or some officer empowered by the Provincial Government in this behalf.

 



[1].       Subs. for the words “District Magistrate..this behalf,” by Ord., XXXVII of 2001, [PLJ 2001 Fed. St. 430].

[2].       Inserted by, Cr.P.C. (Second Amendment) Act, 1950.

[3].       Subs. by Act, 18 of 1923, Section 17, for “or printed or published”.

[4].       Subs. by Law Reforms Ordinance, 1972, Para 43(ii).