PDF viewer not loading? Download the PDF directly or view on Pakistan Code.
THE ANTI-TERRORISM ACT, 1997
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Omitted
4. Calling in of armed forces and civil armed forces in aid of civil power
5. Use of armed forces and civil armed forces to prevent terrorism
6. Terrorism
7. Punishment for acts of terrorism
8. Prohibition of acts intended or likely to stir up sectarian hatred
9. Punishment for offence under section 8
10. Power to enter or search
11. Power to order forfeiture
11A. Organizations concerned in terrorism
11B. Proscription of organizations
11C. Right of review
11CC. Proscription review committee
11D. Observation Order
11E. Measure to be taken against a proscribed organization
11EE. Proscription of person
11EEE. Power to arrest and detain suspected persons
11EEEE. Preventive detention for inquiry
11EEEEE. Prohibition on disposal of property
11F. Membership, support and meetings relating to a Proscribed Organization
11G. Uniform
Page 1 of 57
11H. Fund raising
11I. Use and possession
11J. Funding Arrangements
11K. Money-laundering
11L. Disclosure of information
11M. Cooperation with the Police
11N. Punishment under sections 11H to 11K
11O. Seizure, freeze and detention
11OO. Access to services, money or other property
11OOO. Violation of UN Security Council Resolution
11P. Application by investigating officer to Court
11Q. Forfeiture
11R. Evidentiary standard for forfeiture
11S. Appeal against forfeiture order
11T. Deposit of money or other property in a fund
11U. De-proscription
11V. Directing terrorist activities
11W. Printing, publishing or disseminating any material to incite hatred or giving projection to any
person convicted for a terrorist act or any proscribed organization or an organization
placed under observation or anyone concerned in terrorism
11WW, Lynching
11X. Responsibility for creating civil commotion
12. Jurisdiction of Anti-terrorism Court
13. Establishment of Anti-terrorism Court
14. Composition and appointment of presiding officers of Anti-terrorism Courts
15. Place of sitting
16. Oath by Anti-terrorism Courts
17. Powers of Anti-terrorism Courts with respect to other offences
18. Public prosecutors
19. Procedure and Powers of Anti-terrorism Court
19A. Mode of making searches and arrest
19B. Pre-trial scrutiny
19C. Application of investigation techniques
20. Omitted
21. Protection to Judges, Counsel, Public Prosecutor, witnesses and persons concerned with Court
proceedings
21A. Cordons for Terrorist Investigation
21AA. Protection of Judges, prosecutors, witnesses and persons concerned with Court proceedings
Page 2 of 57
21B. Terrorist Investigation
21C. Training
21D. Bail
21E. Remand
21EE. Power to call information etc.
21F. Remissions
21G. Trial of Offences
21H. Conditional admissibility of confession
21I. Aid and abetment
21J. Harbouring
21K. Offences triable by way of summary procedure
21L. Punishment for an absconder
21M. Joint Trials
22. Manner and place of execution of sentence
23. Power to transfer cases to regular courts
24. Omitted
25. Appeal
26. Omitted
27. Punishment for defective investigation and reward for successful investigation
27A. Presumption of proof against accused
27AA. Punishment for false implication
27B. Conviction on the basis of electronic or forensic evidence etc.
28. Transfer of Cases
28A. Impounding of passport of person charge-sheeted under the Act
29. Trial before Anti-terrorism Court to have precedence
30. Modified application of certain provisions of the Code
31. Finality of judgment
32. Overriding effect of Act
33. Delegation
34. Power to amend the Schedule
35. Powers to make rules
36. Saving
37. Contempt of Court
38. Punishment for terrorist act committed before this Act
Page 3 of 57
39. Indemnity
39A. Removal of difficulties
39B. Repeal and savings
40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908)
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE FOURTH SCHEDULE
THE FIFTH SCHEDULE
Page 4 of 57
The Anti-Terrorism Act, 1997
1
Act No. XXVII of 1997
[16th August, 1997]
An Act to provide for the prevention of terrorism, sectarian violence and for speedy trial of
heinous offences;
WHEREAS it is expedient to provide for the prevention of terrorism, sectarian violence and
for speedy trial of heinous offences and for matters connected therewith and incidental thereto;
It is hereby enacted as follows:__
1. Short title, extent and commencement. (1) This Act may be called the Anti-terrorism Act,
1997.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
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) 2
[“child” means a person who at the time of the commission of the offence has not
attained the age of eighteen years;
(e) “court” means an Anti-terrorism Court established under section 13;
(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 substance as defined in the Explosives Act, 1884 (Act IV of 1884);
(g) “firearms” means any or all types and gauges of handguns, rifles and shotguns,
whether automatic, semi-automatic or bolt action, and shall include all other
firearms as defined in the Arms Ordinance, 1965 (W.P. Ord. XX. of 1965);
1
The Anti-terrorism Act, 1997 and all Rules, Notifications and Orders issued thereunder have been adopted in the Northern Areas vide S.R.O. No.
496(1) 2000, dated 11-7-2000.
2Subs. by Ordinance No. XXXIX of 2001, s. 2.
Page 5 of 57
(h) “fine”, means a pecuniary amount to be determined by the Court having regard to
the facts and circumstances of the case;
1
[(ha) “freeze” means to prohibit the transfer, conversion, disposition or movement of any
money or other property;]
(i) “Government” means the Federal Government or, as the case may be, a Provincial
Government;
(j) “grievous”, in relation to bodily injury, means any 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 Anti-terrorism Court has been established;
(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;
2
[(oa) “money” includes coins or notes in any currency, postal orders, money orders, bank
credits, bank accounts, letter of credit, travelers cheques, bank cheques, bankers
draft, in any form, electronic, digital or otherwise and such other kinds of
monetary instruments or documents as the Federal Government may by order
specify;]
(p) “organization” means any group, combination or body of persons 2[****];
3
[(pa) “person” means any natural, legal person or body corporate;]
1Ins. and subs. by Act No. VII of 2014, s. 2.
2Ins. and omitted by Act No. XIII of 2013, s. 2.
3
Ins. by the Act No. XX of 2020, s. 2.
Page 6 of 57
[ [(paa)] “property” means property of every description, whether corporeal or
1 2
incorporeal, movable or immovable, tangible or intangible and includes shares,
securities, bonds and deeds and instruments evidencing title to, or an interest in,
property of any kind and money;]
3
[(q) “proscribed organization” means any organization which is listed in the First
Schedule under section 11B;]
3
[(qa) “proscribed person” means any individual who is listed in the Fourth Schedule
under section 11EE;]
(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;
3
[(va) “seize” means to take custody or control of money or other property in order to
prohibit its transfer, conversion, disposition or movement;]
(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 4[6(7)];
(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 proscribed organization;
(d) the commission, preparation or instigation of an offence under this Act; or
1
Ins. by Act No. XIII of 2013, s. 2.
2
Re-numbered by Act No. XX of 2020, s. 2.
3Subs. and ins. by Act No. VII of 2014, s. 2.
4
Subs. by Act No. XXVIII of 2025, s. 2.
Page 7 of 57
(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 1[an organization
concerned in terrorism or a terrorist]];
(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); 1[and]
(b) the reference to an organization’s resources include 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, 1[;]
1
(c) [* * * * * * *]
(bb) “weapons” means any items which can be used to injure or cause
bodily harm, and includes any type of firearm, 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.]
2
3. [* * * * * * *]
1Subs., added and omitted by Act No. XIII of 2013, s. 2.
2Omitted by Ordinance No. XXXIX of 2001, s. 3.
Page 8 of 57
4. Calling in of armed forces and civil armed forces in aid of civil power.__ (1) It shall be lawful
for the Federal Government to order, and subject to sub-section (2), for the Provincial Government to
secure, the presence of armed forces and civil armed forces in any area for the prevention and punishment
of terrorist acts and scheduled offences in accordance with the provisions of this Act.
(2) If, in the opinion of the Provincial Government, the presence of armed forces, or civil armed
forces, is necessary in order to prevent the commission of terrorist acts or scheduled offences in any
area, it may request the Federal Government to direct the presence or posting of units or personnel of the
armed forces, or civil armed forces, in such numbers as may be deemed necessary for the prevention or
control of terrorist acts or scheduled offences.
(3) The Federal Government may decide whether the requirements of the situation call for the
deployment of__
(i) the civil armed forces; or
(ii) the armed forces,
and on so deciding shall, by means of a notification in the official Gazette issued under clause (i) or (ii)
or both, authorise and direct the posting thereof.
5. Use of armed forces and civil armed forces to prevent terrorism. ___ (1) Any police officer,
or member of the armed forces, or civil armed forces, who is present or deployed in any area may, after
giving sufficient warning, use the necessary force to prevent the commission of terrorist acts or scheduled
offences, and, in so doing shall, in the case of an officer of the armed forces or civil armed forces, exercise
all the powers of a police officer under the Code.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), an
officer of the police, armed forces and civil armed forces may__
(i) after giving prior warning use such force as may be deemed necessary or
appropriate, bearing in mind all the facts and circumstances of the situation, against
any person who is committing 1[* * * * * *] a terrorist act or a scheduled offence.
2
[it shall be lawful for any such officer, or any senior officer,] 3[after forming
reasonable apprehension that death or grievous hurt may be caused by such act or
offence] to fire, or order the firing upon any person or persons against whom he is
authorized to use force in terms hereof 3[:]
3
[Provided that an order to open fire in such circumstances shall be given by
a police officer not below the rank of BS-17 and equivalent rank in the case of a
member of Armed Forces or civil Armed forces or by a Magistrate on duty:
1Omitted by Ordinance No. XIII of 1999, s. 4.
2
Subs. by Ordinance No. XXXIX of 2001, s. 4.
3
Subs. and added by Act No. VI of 2014, s. 2.
Page 9 of 57
Provided further that the decision to fire or order firing shall be taken only by
way of last resort, and shall in no case extend to the inflicting of more harm than is
necessary to prevent the terrorist act or scheduled offence which has given rise to
the reasonable apprehension of death or grievous hurt:
Provided further that all cases of firing which have resulted in death or
grievous injury shall be reviewed by an internal inquiry committee constituted by
the head of the law enforcement agency concerned.]
(ii) arrest without warrant, any person who has committed an act of terrorism or a
scheduled offence or against whom a reasonable suspicion exists that he has
committed, or is about to commit, any such act or offence; and
(iii) enter and search, without warrant, any premises to make any arrest or to take
possession of any property, fire arm, weapon or article used, or likely to be used,
in the commission of any terrorist act or scheduled offence.
(3) Nothing contained in sub-section (1) or (2) shall affect the provisions of Chapter IX of the
Code and the provision of section 132 of the Code shall apply to any person acting under this section.
1
[6. Terrorism.___ (1) In this Act, “terrorism” means the use or threat of action where:
(a) the action falls within the meaning of sub-section (2), and
(b) the use or threat is designed to coerce and intimidate or overawe the Government
or the public or a section of the public or community or sect 2[or a foreign
government or population or an international organization] or create a sense of fear
or insecurity in society; or
(c) the use or threat is made for the purpose of advancing a religious, sectarian or ethnic
cause 3[or intimidating and terrorizing the public, social sectors, media persons,
business community or attacking the civilians, including damaging property by
ransacking, looting, arson or by any other means, government officials,
installations, security forces or law enforcement agencies].
3
[Provided that nothing herein contained shall apply to a democratic and religious rally or
a peaceful demonstration in accordance with law.]
(2) An “action” shall fall within the meaning of sub-section (1), if it:
(a) involves the doing of anything that causes death;
1Subs. by Ordinance No. XXXIX of 2001, s. 5.
2Ins. by Act No. XIII of 2013, s. 3.
3Added by Act No. XX of 2013, s. 2.
Page 10 of 57
(b) involves grievous violence against a person or grievous bodily injury or harm to a
person;
(c) involves grievous damage to property 1[, including government premises, official
installations, schools, hospitals, offices or any other public or private property
including damaging property by ransacking, looting or arson or by any other
means];
(d) involves the doing of anything that is likely to cause death or endangers a person’s
life;
(e) involves kidnapping for ransom, hostage-taking or hijacking;
2
[(ee) involves use of explosives by any device including bomb blast 1[or having any
explosive substance without any lawful justification or having been unlawfully
concerned with such explosive];]
(f) incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence
or cause internal disturbance;
1
[(g) involves taking the law in own hand, award of any punishment by an
organization, individual or group whatsoever, not recognized by the law, with a
view to coerce, intimidate or terrorize public, individuals, groups, communities,
government officials and institutions, including law enforcement agencies beyond
the purview of the law of the land;]
(h) involves firing on religious congregation, mosques, imambargahs, churches,
temples and all other places of worship, or random firing to spread panic, or
involves any forcible takeover of mosques or other places of worship;
(i) creates a serious risk to safety of the public or a section of the public, or is designed
to frighten the general public and thereby prevent them from coming out and
carrying on their lawful trade and daily business, and disrupts civic life;
(j) involves the burning of vehicles or any other serious form of arson;
(k) involves extortion of money (“bhatta”) or property;
(l) is designed to seriously interfere with or seriously disrupt a communication system
or public utility service;
(m) involves serious coercion or intimidation of a public servant in order to force him
to discharge or to refrain from discharging his lawful duties; 1[*]
(n) involves serious violence against a member of the police force, armed forces, civil
armed forces, or a public servant.
1Added, subs. and omitted by Act No. XX of 2013, s. 2.
2
Ins. by Act No. II of 2005, s. 2.
Page 11 of 57
1
[(o) involves in acts as part of armed resistance by groups or individuals against law
enforcement agencies; or
(p) involves in dissemination, preaching ideas, teachings and beliefs as per own
interpretation on FM stations or through any other means of communication
without explicit approval of the government or its concerned departments.]
(3) The use or threat of use of any action falling within sub-section (2), which involves the use of
firearms, explosives or any other weapon, is terrorism, whether or not sub-section (1) (c) is satisfied.
2
[(3A) Notwithstanding anything contained in sub-section (1), an action in violation of a
convention specified in the Fifth Schedule shall be an act of terrorism under this Act;]
(4) In this section “action” includes an act or a series of acts.
(5) In this Act, terrorism includes any act done for the benefit of a proscribed organization.
(6) A person who commits an offence under this section or any other provision of this Act, shall
be guiltyof an act of terrorism.
(7) In this Act, a terrorist means:
3
(a) [any person] who has committed an offence of terrorism under this Act, and is or
has been concerned in the commission, preparation 2[facilitation, funding] or
instigation of acts of terrorism;
3
(b) [any person] who is or has been, whether before or after the coming into force of
this Act, concerned in the commission, preparation 2[facilitation, funding] or
instigation of acts of terrorism, shall also be included in the meaning given in clause
(a) above.]
4
[7. Punishment for acts of terrorism.___ 1[(1)] Whoever commits an act of terrorism under
section 6, whereby–
(a) death of any person is caused, shall be punishable, on conviction, with death or
with imprisonment for life, and with fine; or
1Added and re-numbered by Act No. XX of 2013, ss. 2 and 3.
2Ins. and subs. by Act No. XIII of 2013, s. 3.
3Subs. by Act No. XXIII of 2020, s. 2.
4Subs. by Ordinance No. XXXIX of 2001, s. 6.
Page 12 of 57
(b) he does anything likely to cause death or endangers life, but death or hurt is not
caused, shall be punishable, on conviction, with imprisonment of either description
for a term which shall not be less than 1[ten years] but may extend to
1
[imprisonment for life] and with fine;
(c) grievous bodily harm or injury is caused to any person, shall be punishable, on
conviction, with imprisonment of either description for a term which shall not be
less than 1[ten years] but may extend to imprisonment for life and shall also be
liable to a fine; or
(d) grievous damage to property is caused, shall be punishable on conviction, with
imprisonment, of either description for a term not less than ten years 1[but may
extend to imprisonment for life], and shall also be liable to a fine; or
(e) the offence of kidnapping for ransom or hostage-taking has been committed, shall
be punishable, on conviction, with death or imprisonment for life 2[*******]; or
(f) the offence of hijacking, has been committed, shall be punishable, on conviction,
with death or imprisonment for life 2[*******] and fine;
1
[(ff) the act of terrorism committed falls under section 6(2) (ee), shall be punishable with
imprisonment which shall not be less than fourteen years but may extend to
imprisonment for life;]
(g) the act of terrorism committed falls under section 6(2) (f) and (g), shall be
punishable, on conviction, with imprisonment of not less than 1[two years] and not
more than 1[five years] and with fine; or
(h) the act of terrorism committed falls under clauses (h) to (n) of sub section (2) of
section 6, shall be punishable, on conviction, to imprisonment of not less than 1[five
years] 1[but may extend to imprisonment for life] and with fine; and
(i) any other act of terrorism not falling under clauses (a) to (h) above or under any
other provision of this Act, shall be punishable, on conviction, to imprisonment of
not less than 1[five years] and not more than 1[ten years] or with fine or with both.
2
[(2) An accused, convicted of an offence under this Act shall be punishable with imprisonment
of ten years or more, including the offences of kidnapping for ransom and hijacking shall also be liable to
forfeiture of property.]
7A-7B. 3[* * * * * * *]
1
Subs. and ins. by Act No. II of 2005, s. 3.
2Omitted and added by Act No. XX of 2013, s. 3.
3
Sections 7A and 7B omitted by Ordinance No. XXIX of 2000, s. 5.
Page 13 of 57
8. Prohibition of acts intended or likely to stir up sectarian hatred.___ A person who__
(a) uses threatening, abusive or insulting words or behaviors; or
(b) displays, publishes or distributes any written material which is threatening, abusive
or insulting; or
(c) distributes or shows or plays a recording of visual images or sounds which are
threatening, abusive or insulting; or
(d) has in his possession written material or a recording or visual images or sounds
which are threatening, abusive or insulting with a view to their being displayed or
published by himself or another,
shall be guilty of an offence if___
(i) he intends thereby to strip up sectarian hatred; or
(ii) having regard to all the circumstances, sectarian hatred is likely to be stirred up
thereby.
9. Punishment for offence under section 8.__ Whoever contravenes any provision of section
8 shall be punished with 1[*] imprisonment for a term which may extend to 2[five] years 1[and with fine].
10. Power to enter or search.___ If any officer of the police, armed forces or civil armed forces is
satisfied that there are reasonable grounds for suspecting that a person has possession of written material
or a recording in contravention of section 8 he may enter and search the premises where it is suspected
the material or recording is situated and take possession of the same 1[:]
1
[Provided that the concerned officer shall first record in writing his reasons for such belief and
serve a copy thereof either on the person or on the premises.]
11. Power to order forfeiture.___ (1) 1[An Anti-terrorism Court] by which a person is convicted
of an offence under section 9 shall order to be forfeited any material or recording referred to therein.
(2) Where the person who collected the material or recording cannot be found or identified the
1
[Anti- terrorism Court] on the application of the officer seizing the material or recording, shall forfeit the
material or recording to the State to be disposed of as directed by it.
2
[11A. Organizations concerned in terrorism.– 3[(1)] For the purposes of this Act, an
organization is concerned in terrorism if it:
1Omitted, subs. and added by Ordinance No. XIII of 1999, ss. 2, 8 and 9.
2Subs. and ins. by Ordinance No. XXXIX of 2001, ss. 7 and 8.
3Numbered by Act No. XIII of 2013, s. 4.
Page 14 of 57
(a) commits 1 [facilitates] or participates in acts of terrorism;
(b) prepares for terrorism;
(c) promotes or encourages terrorism;
(d) supports and assists any organization concerned with terrorism;
(e) patronizes and assists in the incitement of hatred and contempt on religious,
sectarian or ethnic lines that stir up disorder;
(f) fails to expel from its ranks or ostracize those who commit acts of terrorism and
presents them as heroic persons; or
(g) is otherwise concerned in terrorism.
1
[(2) An organization shall fall within the meaning of sub-section (1) if it__
(a) is owned or controlled, directly or indirectly, by a terrorist or an organization
referred in sub-section (1); or
(b) acts on behalf of, or at the direction of, a terrorist or an organization referred in
sub-section (1).]
2
[11B. Proscription of organizations.__ (1) The Federal Government may, by order published
in the official Gazette, list an organization as a proscribed organization in the First Schedule on an ex parte
basis, if there are reasonable grounds to believe that it is—
(a) concerned in terrorism; or
(b) owned or controlled, directly or indirectly, by any individual or organization
proscribed under this Act; or
(c) acting on behalf of, or at the direction of, any individual or organization
proscribed under this Act.
1Ins. and added by Act No. XIII of 2013, s. 4.
2Subs. by Act No. VII of 2014, s. 3.
Page 15 of 57
Explanation.— The opinion concerning reasonable grounds to believe may be formed on the basis
of information received from any credible source, whether domestic or foreign including governmental
and regulatory authorities, law enforcement agencies, financial intelligence units, banks and non-banking
companies, and international institutions.
(2) The grounds shall be communicated to the proscribed organization within three days of the
passing of the order of proscription.]
11C. Right of Review.___ 1 [(1) Where any proscribed organization is aggrieved by the order of
the Federal Government, made under section 11B, it may, within thirty days of such order, file a review
application, in writing, before the Federal Government, stating the grounds on which it is made and the
Federal Government shall, after hearing the applicant, decide the matter on reasonable grounds within
ninety days.]
(2) An organization whose review application has been refused under sub-section (1) may file an
appeal to the High Court within thirty days of the refusal of the review application.
(3) 1[* * * * * * *]
1
[11CC. Proscription Review Committee.___ The Federal Government shall constitute a
Proscription Review Committee, comprising three Government officers, including a representative of the
Ministry of Law and Justice, with the Chairman of the Committee being a person not below the rank of a
Joint Secretary to the Federal Government, to decide, within thirty days, review applications filed under
sections 11C and 11EE.]
11D. Observation Order. ___ (1) Where the Federal Government, has 1[reasonable grounds] to
believe that an organization is acting in a manner that it may be concerned in terrorism:
(1) The organization may be kept under observation, if:
(a) the name of the organization is listed in the Second Schedule by order of the
Federal Government; or
(b) it operates under the same name as an organization listed in the Second Schedule.
(2) An organization or a person aggrieved by the observation order passed under sub-section (1)
may file a review application before the Federal Government, which shall, after hearing the applicant,
decide the matter within sixty days.
(3) Where the organization is under observation, the Federal Government may further extend the
period of observation, only after giving the organization an opportunity of being heard.
(4) Each observation period shall be for six months, and may be extended by the Federal
Government only after giving an opportunity of being heard to the organization concerned.
1Subs., omitted and ins. by Act No. VII of 2014, ss. 4-6.
Page 16 of 57
11E. Measure to be taken against a proscribed organization.– (1) Where any organization shall
be proscribed:
(1) amongst other measures to be taken by the Federal Government__
(a) its offices, if any, shall be sealed;
1
(b) [* * * * * * *];
(c) all literature, posters, banners, or printed, electronic, digital or other material shall
be seized; and
(d) publication, printing or dissemination of any press statements, press conferences
or public utterances by or on behalf of or in support of a proscribed organization
shall be prohibited.
2
[(1A) Upon proscription of an organization if the office bearers, activists, or the members or the
associates of such organization are found continuing the activities of the proscribed organization, in
addition to any other action under this Act or any other law for the time being in force to which they may
be liable,__
(a) they shall not be issued any passport or allowed to travel abroad;
(b) no bank or financial institution or any other entity providing financial support shall
provide any loan facility or financial support to such persons or issue the credit
cards to such persons; and
(c) the arms licenses, if already issued, shall be deemed to have been cancelled and the
arms shall be deposited forthwith in the nearest Police Station, failing which such
arms shall be confiscated and the holders of such arms shall be liable for the
punishment provided under the Pakistan Arms Ordinance, 1965 (W.P. __ XX of
1965). No fresh license, to such persons for any kind of weapon, shall be issued.]
(2) The Proscribed Organization shall submit all accounts of its income and expenditure for its
political and social welfare activities and disclose all funding sources to the competent authority
designated by the Federal Government.
3
[11EE. 1[Proscription of person].– 1[(1) The Federal Government may, by order published in
the official Gazette, list a person as a proscribed person in the fourth Schedule on an ex-parte basis, if
there are reasonable grounds to believe that such person is—
(a) concerned in terrorism;
(b) an activist, office bearer or an associate of an organization kept under observation
under section 11D or proscribed under section 11B; and
1Omitted and subs. by Act No. VII of 2014, ss. 7- 8.
2Ins. by Act No. XX of 2013, s. 5.
3
Ins. by Ordinance No. CXXV of 2002, s. 2.
Page 17 of 57
(c) in any way concerned or suspected to be concerned with such organization or
affiliated with any group or organization suspected to be involved in terrorism or
sectarianism or acting on behalf of, or at the direction of, any person or organization
proscribed under this Act:
Explanation.__ The opinion concerning reasonable grounds to believe may be
formed on the basis of information received from any credible source, whether
domestic or foreign including governmental and regulatory authorities, law
enforcement agencies, financial intelligence units, banks and non-banking
companies, and international institutions.]
1
[(1A) The grounds shall be communicated to the proscribed person within three days of the
passing of the order of proscription.]
(2) Where a person’s name is listed in the Fourth Schedule, the Federal Government 1[***],
as the case may be, without prejudice to any other action which may lie against such person under this
Act or any other law for the time being in force, may take following actions and exercise following powers,
namely: -
(a) require such person to execute a bond with one or more sureties to the satisfaction
of the District Police Officer in the territorial limits of which the said person
ordinarily resides, or carries on business, for his good behaviour and not involve
in any act of terrorism or in any manner advance the objectives of the organization
referred to sub-section (1) for such period not exceeding three years and in such
amount as may be specified:
Provided that where he fails to execute the bond or cannot produce a
surety or sureties to the satisfaction of the District Police Officer order him to be
detained and produced within twenty-four hours before a court which shall order
him to be detained in prison until he executes the bond or until a satisfactory surety
or sureties if required, are available or, failing that the term of the order under clause
(a) expires:
Provided further that where he is a minor, the bond executed by a surety or
sureties only may be accepted,
(b) require any such person to seek prior permission from the officer incharge of the
Police Station of the concerned area before moving from his permanent place of
residence for any period of time and to keep him informed about the place he would
be visiting and the persons, he would be meeting during the stay,
(c) require:
(i) that his movements to be restricted to any place or area specified in the
order,
1Ins. and omitted by Act No. VII of 2014, s. 8.
Page 18 of 57
(ii) him to report himself at such times and places and in such mode as may
bespecified in the order;
(iii) him to comply with both the direction, 1[*]
(iv) that he shall not reside within areas specified in the order,
1
[v. no bank or financial institution or any other entity providing financial
support shall provide any loan facility or financial support to proscribed
person or issue credit cards to proscribed persons; and
vi. the arms licenses, if already issued, shall be deemed to have been
cancelled and the arms shall be deposited forthwith in the nearest Police
Station, failing which such arms shall be confiscated and the holders of such
arms shall be liable for the punishment provided under the Pakistan Arms
Ordinance, 1965 (W.P. Ord. XX of 1965). No fresh license shall be issued
to such person for any kind of weapons;]
(d) direct that he shall not visit or go within surroundings specified in the order
including any of the under mentioned places, without the written permission of the
officer incharge of the Police Station within whose jurisdiction such place is
situated, namely:__
(i) schools, colleges and other institutions where persons under twenty-one years
of age or women are given education or other training or are housed
permanently or temporarily;
(ii) theatres, cinemas, fairs, amusement parks, hotels, clubs, restaurants, tea shops
and other place of public entertainment or resort;
(iii) airports, railway stations, bus stands, telephone exchanges, television
stations, radio stations and other such places;
(iv) public or private parks and gardens and public or private playing fields; and
(v) the scene of any public meeting or procession of any assemblage of the
public whether in an enclosed place or otherwise in connection with any
public event, festival or other celebrations;
(e) check and probe the assets of such persons or their immediate family members i.e.,
parents, wives and children through police or any other Government agency, which
shall exercise the powers as are available to it under the relevant law for the purposes
of the investigation, to ascertain whether assets and sources of income are legitimate
and are being spent on lawful objectives:
1Omitted and added by Act No. XXIII of 2020, s. 3.
Page 19 of 57
Provided that no order under clause (d) or (e) above shall be made operative
for aperiod of more than three years; and
(f) monitor and keep surveillance over the activities of such person through police or
any other Government agency or any person or authority designated for the purpose.
1
[(3) Where any person is aggrieved by the order of the Federal Government made under sub-
section (1), he may, within thirty days of such order, file a review application, in writing, before the Federal
Government stating the grounds on which it is made and the Government shall, after hearing the applicant,
decide the matter on reasonable grounds within ninety days.]
1
[(3A) A person whose review application has been refused under sub-section (3) may file an
appeal to the High Court within thirty days of the refusal of the review application.]
(4) Any person who violates any direction or order of the Federal Government 1[***] or any terms
of bond referred to in sub-section (2), shall be punishable with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.]
2
[11EEE. Power to arrest and detain suspected persons.__ (1) Government if satisfied that with
a view to prevent any person whose name is included in the list referred to in section 11EE, it is necessary
so to do, may, by order in writing, direct to arrest and detain, in such custody as may be satisfied, such
person for such period as may be specified in the order, and Government if satisfied that for the aforesaid
reasons it is necessary so to do, may, extend from time to time the period of such detention for a total
period not exceeding twelve months.
(2) The provisions of Article 10 of the Constitution of the Islamic Republic of Pakistan shall
mutatis mutandis apply to the arrest and detention of a person ordered under sub-section (1).]
3
[11EEEE. Preventive detention for inquiry.__ 4[(1) The Government or, where the provisions of
section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to the
specific or general order of the Government in this regard, for a period not exceeding three months and after
recording reasons thereof, issue order for the preventative detention of any person who has been concerned
in any offence under this Act relating to the security or defence of Pakistan or any part thereof, or public
order relating to target killing, kidnapping for ransom, and extortion, bhatta, or the maintenance of supplies
or services, or against whom sufficient grounds exist of his having been so concerned, for purpose of
inquiry:
Provided that the detention of such person, including detention for a further period after three months,
shall be subject to the provision of Article 10 of the Constitution.]
______________________________________________________________________________________
1
Subs., ins. and omitted by Act No. VII of 2014, s. 8.
2Ins. by Ordinance No. CXXV of 2002, s. 3.
3
Ins. by Act No. XX of 2013, s. 6.
4
Subs. by Act No. XXVIII of 2025, s. 3.
Page 20 of 57
(2) The inquiry under sub-section (1) may be conducted by a police officer not below the rank of
Superintendent of Police or through a Joint Interrogation Team (JIT) to be notified by the Government
comprising a police officer not below the rank of Superintendent of Police and officers of other
investigation agencies and the powers of the inquiry officer will be vested as per section 5 of the Federal
Investigation Agency Act, 1974 (VIII of 1975) 1[:]
2
[Provided that where the detention order has been issued by the armed forces or civil armed
forces under sub-section (1), the inquiry shall be conducted by the JIT comprising of a police officer not
below the rank of Superintendent of Police, Intelligence agencies, civil armed forces, armed forces, and
other law enforcing agencies.]
2
[(2A) The provisions of sub-sections (1) and (2) shall remain in force for a period of three years
from the commencement of the Anti-Terrorism (Amendment) Act, 2025 (XXVIII of 2025).]
(3) The detenue shall be produced in camera before the presiding officer of the court or in his
absence before the District and Sessions Judge or the Magistrate appointed under the Shariah Nizam-e-
Adl Regulation, 2009, within twenty-four hours of his detention, and before the presiding officer of the
court if and when any extension in the period of detention is requested.
(4) During inquiry the concerned police officer not below the rank of Superintendent of Police or
equivalent officer of the law enforcement agencies or the members of Joint Interrogation Team (JIT) as
the case may be, shall have all the powers relating to search, arrest of persons and seizure of property, and
other relevant material connected with the commission of offence and shall have all the powers as a Police
Officer has in relation to the investigation of offences under the Code or any other law for the time being
in force:
Provided that the detenue shall be kept in a detention centre so notified by the Government and the
presiding officer of the court or the Magistrate, as the case any be referred in sub-section (3) shall have
the authority to inspect the detention centers to ensure that the custody is in accordance with the law for
the time being in force.
1
[(5) Any person detained under this section shall be provided facility of medical checkup as may
be prescribed by rules.]
11EEEEE. Prohibition on disposal of property.___(1) If during the course of inquiry or
investigation, the police officer not below the rank of Superintendent of Police or the Joint Investigation
Team, as the case, may be has sufficient evidence to believe that any property which is subject matter
of the inquiry or investigation is likely to be removed transferred or otherwise disposed of before an order
of the appropriate authority for its seizure is obtained, such officer or the team may, be order in writing,
direct the owner or any person who is, for the time being, in possession thereof not to remove, transfer or
otherwise dispose of such property in any manner except with the previous permission of such officer or
the team, as the case may be, and such order shall be subject to any order made by the Court having
jurisdiction in the matter.
1Subs. and ins. by Act No. VI of 2014, s. 3.
2
Subs. by Act No. XXVIII of 2025, s. 3.
Page 21 of 57
(2) Any contravention of an order made under sub-section (1) shall be punishable with rigorous
imprisonment for a term which may extend to two years, or with fine, or with both.]
11F. Membership, support and meetings relating to a Proscribed Organization: (1) A
person is guilty of an offence if he belongs or professes to belong to a proscribed organization.
(2) A person guilty of an offence under subsection (1) shall be liable on conviction to a term not
exceeding six months imprisonment and a fine.
(3) A person commits an offence if he:
(a) solicits or invites support for a proscribed organization, and the support is not, or
is not restricted to, the provisions of money or other property; or
(b) arranges, manages or assists in managing, or addressing a meeting which he knows
is:
(i) to support a proscribed organization;
(ii) to further the activities of a proscribed organization; or
(iii) to be addressed by a person who belongs or professes to belong to a
proscribed organization.
(4) A person commits an offence if he addresses a meeting, or delivers a sermon to a religious
gathering, by any means whether verbal, written, electronic, digital or otherwise, and the purpose of his
address or sermon, is to encourage support for a proscribed organization or to further its activities.
(5) A person commits an offence if he solicits, collects or raises 1[money or other property] for a
proscribed organization.
(6) A person guilty of an offence under subsections (3), (4) and (5) shall be liable on conviction to
a term of imprisonment not less than one year and not more than five years and a fine.
11G. Uniform.___(1) A person commits an offence if he—
(a) wears, carries or displays any article, symbol, or any flag or banner connected with
or associated with any proscribed organization; or
(b) carries, wears or displays any uniform, item of clothing or dress in such a way or
in such circumstances as to arouse reasonable suspicion that he is a member or
supporter of a proscribed organization.
1
Subs. by Act No. XIII of 2013, s. 6.
Page 22 of 57
1
[(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for
a term which may extend to five years, or with fine, or with both.]
11H. Fund raising.___ (1) A person commits on offence if he:
(a) invites another to provide money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purpose of terrorism 2[or by a terrorist or organization concerned in
terrorism].
(2) A person commits an offence if:
(a) he receives money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect that it may be used,
for the purposes of terrorism 2[or by a terrorist or organization concerned in
terrorism].
(3) A person commits an offence if he:
(a) provides money or other property; and
(b) knows or has reasonable cause to suspect that it will or may be used for the purpose
of terrorism 2[or by a terrorist or organization concerned in terrorism].
(4) In this section a reference to the provision of money or other property is a reference to its
being given, lent or otherwise made available, whether or not for consideration.
11-I. Use and possession.__ A person commits an offence if__
(1) he uses money or other property for the purposes of terrorism; or
(2) he__
(a) possesses money or other property; and
(b) intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purposes of terrorism.
1Subs. by Act No. II of 2005, s. 4.
2Ins. by Act No. XIII of 2013, s. 7.
Page 23 of 57
11J. Funding Arrangements.___ 1[(1)] A person commits an offence if he__
(a) enters into or becomes concerned in an arrangement as a result of which money or
other property is made available or is to be made available to another, and
(b) has reasonable cause to suspect that it will or may be used for the purposes of
terrorism.
1
[(2) Any person in Pakistan or a Pakistani national outside Pakistan shall commit an offence under
this Act, if he knowingly or willfully makes money or other property or services available, directly or
indirectly, wholly or jointly, for the benefit of a proscribed organization or proscribed person.]
2
[(3) A person commits an offence if he knowingly or willfully pays for or provides money or other
property or facilitates in any manner the travel of a person anywhere for the purpose of perpetrating,
participating in, assisting or preparing for a terrorist act or for the purpose of providing or receiving
training for terrorist related activities.
(4) The provisions of sub-section (2) shall also apply to__
(a) organizations owned or controlled, directly or indirectly, by proscribed
organizations or proscribed persons; and
(b) persons or organizations acting on behalf of, or at the direction of, proscribed
organizations or proscribed persons.]
11K. Money-laundering.___ (1) A person commits an offence if he enters into or becomes
concerned in any arrangement which facilitates the retention or control, by or on behalf of another person,
of terrorist property:
(a) by concealment,
(b) by removal from the jurisdiction,
(c) by transfer to nominees, or
(d) in any other way.
(2) It is a defense for a person charged with an offence under subsection (1) to prove that he did
not know and had no reasonable cause to suspect that the arrangement related to terrorist property.
1
Re-numbered and added by Act No. VII of 2014, s. 9.
2Added by Act No. XXIII of 2020, s. 4.
Page 24 of 57
11L. Disclosure of information._ (1) Where a person__
(a) believes or suspects that another person has committed an offence under this Act;
and
(b) bases his belief or suspicion on information which comes to his attention in the
course of a trade, profession, business or employment, he commits an offence if he
does not disclose to a police officer as soon as is reasonably practicable his belief
or suspicion, and the information on which it is based.
(2) It is a defense for a person charged with an offence under sub-section (1) of this section to
prove that he had a reasonable excuse for not making the disclosure.
Provided that this subsection does not require disclosure by a professional legal advisor of any
information which he obtains in privileged circumstances.
(3) A person may disclose to a police officer:
(a) a suspicion or belief that any money or other property is terrorist property or is
derived from terrorist property; or
(b) any matter on which the suspicion is based.
(4) Subsection (3) shall have effect notwithstanding any restriction on the disclosure of
information imposed by any law for the time being in force.
11M. Cooperation with the Police.__ (1) A person does not commit an offence under sections
11H to 11K, if he is acting with the express consent of a police officer not below the rank of a Deputy
Superintendent; and
(2) Subject to subsections (3) and (4) under this section, a person does not commit an offence
under sections 11H to 11K by involvement in a transaction or arrangement relating to money or other
property if he discloses to a police officer:
(a) his suspicion or belief that the money or other property is terrorist property, and
(b) the information on which his suspicion or belief is based.
(3) Subsection (2) under this section applies only where a person makes a disclosure__
(a) after he becomes concerned in the transaction concerned;
(b) on his own initiative; and
(c) as soon as is reasonably practicable.
Page 25 of 57
(4) Subsection (2) under this section does not apply to a person if__
(a) a police officer forbids him to continue his involvement in the transaction or
arrangement to which the disclosure relates, and
(b) he continues his involvement.
(5) It is a defense for a person charged with an offence under section 11H to 11J to prove that:
(a) he intended to make a disclosure; and
(b) there is reasonable excuse for his failure to do so.
11N. Punishment under sections 11H to 11K. 1[(1)] Any person who commits an offence
under sections 11H to 11K, shall be punishable on conviction with imprisonment for a term not less than
2
[five years] and not exceeding 2[ten years] and with fine 1[not exceeding twenty-five million rupees].
1
[(2) If a legal person commits an offence under sections 11H to 11K such person shall be liable
on conviction to a fine not exceeding fifty million rupees.
(3) Every director, officer or employee of such legal person found guilty shall be punishable on
conviction with imprisonment for a term not less than five years and not exceeding ten years and with fine
not exceeding twenty-five million rupees:
Provided that the punishment of the director, officer or employee shall be effective and in due
proportion to his role.]
3
[11O. Seizure, freeze and detention.__ (1) On proscription made under section 11B or, as the
case may be, section 11EE,__
(a) the money or other property owned or controlled, wholly or 1[jointly], directly or
indirectly, by a proscribed organization or proscribed person, shall be frozen or
seized, as the case may be 1[, without any prior notice and without delay];
(b) the money or other property derived or generated from any property referred in
clause (a) shall be frozen or seized, as the case may be 1[, without any prior notice
and without delay];
(c) no person shall use, transfer, convert, dispose of or remove such money or other
property with effect from proscription; 1[*]
1Numbered, ins., added, subs. and omitted by Act No. XXIII of 2020, ss. 5-6.
2Subs. by Act No. II of 2005, s. 5.
3Subs. by Act No. VII of 2014, s. 10.
Page 26 of 57
1
[ (d) within forty-eight hours of any freeze or seizure, the person carrying out the
freeze or seizure or any action under clause (c) shall set out the steps taken to ensure
that no money, property or services are made available, directly or indirectly,
wholly or jointly for the benefit of the proscribed organization or person and shall
submit a report containing details of the property and the persons affected by the
freeze or seizure to such office of the Federal Government as may be notified in the
official Gazette; and]
1
[(e)
the money or other property of any person acting on behalf of, or at the direction
of, proscribed persons or organizations shall be frozen or seized, as the case may
be, without any prior notice and without delay;]
2
[(2) Any natural person not connected with a legal person or body corporate, who violates any
provision of sub-section (1) shall be liable, on conviction to imprisonment for a term not exceeding ten
years or with fine not exceeding twenty-five million rupees or with both.]
(3) If a legal person violates any provision of sub-section (1), such person shall be liable 2[on
conviction to fine not exceeding fifty million rupees and every director, officer or employee of such person
found guilty of the violation shall be liable on conviction to imprisonment for a term not exceeding ten
years or with fine not exceeding twenty five million rupees or with both].
2
[(3A) Notwithstanding anything contained in sub-section (2), if any public servant is found
negligent in complying with the provision of sub-section (1) such public servant shall be proceeded against
under respective service rules for administrative action.]
(4) On an application made by any affected person, the Federal Government shall inquire into the
ownership and control of any money or other property that has been frozen or seized and, if it is satisfied
that the money or other property has 1[wrongly] been frozen or seized, the same shall be ordered to be
released immediately.
(5) No prosecution, suit or other proceedings shall lie against the government or any other person
complying or purporting to comply with sub-section (1) for anything done in good faith to effect freeze
or seizure.]
3
[11OO. Access to services, money or other property.__ (1) The Federal Government may permit
a person to make available to a proscribed organization or proscribed person such services, money or other
property as may be prescribed, including such money as may be 1[basic expenses, including payments for
foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public
utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred
expenses associated with the provision of legal services, or fees or service charges for routine holding or
maintenance of frozen funds or other financial assets or economic resources or such money as may be
required for meeting extraordinary expenses,] and such person shall not be liable for any offence under
this Act on account of provision of the prescribed services, money or other property.
1
Subs. and added by Act No. XXIII of 2020, ss. 6 and 8.
2Subs. and ins. by Act No. XX of 2020, s. 3.
3
Ins. by Act No. VII of 2014, s. 11.
Page 27 of 57
(2) On an application made by a proscribed organization or proscribed person, the Federal
Government may authorize such organization or person to access such money or other property or avail
such services as may be prescribed.]
1[11OOO. Violation of UN Security Council Resolution. — (1) A person is guilty of an offence
if he, in any way whatsoever, refuses or fails to comply with the orders of the Federal Government under
section 2 of the United Nations (Security Council) Act, 1948 (XIV of 1948).
(2) A person guilty of an offence under sub-section (1), shall be liable on conviction to
imprisonment for a term not exceeding ten years or with fine not exceeding twentyfive million rupees or
with both.
(3) If a legal person or body corporate, commits an offence under sub-section (1), such person or
body corporate shall be liable on conviction to fine not exceeding fifty million rupees and every director,
officer or employee of such legal person or body corporate found guilty of the violation shall be liable on
conviction to imprisonment for a term not exceeding ten years or with fine not exceeding twenty five
million rupees or with both.
(4) Notwithstanding anything contained in sub-section (2), of section 11OOO, if any public
servant is found negligent in complying with the provisions of sub-section (1), such public servant shall
be proceeded again under respective service rules for administrative action.]
2
[11P. Application by investigating officer to Court.__ (1) An investigating officer may apply to
a court for an order under this section for attachment of a terrorist property.
(2) An order under this section, shall__
(a) provide for attachment of the terrorist property for a period specified in the order
or pending completion of the investigation; and
(b) require notice to be given to the person from whom such property was attached
and to any other person who is affected by and specified in the order.
(3) Any cash attached under this section shall be held in a profit and loss account and the profit
and loss so earned shall be added to it on its release or forfeiture.]
11Q. Forfeiture.__ (1) The Court by or before which a person is convicted of an offence under any
of the sections 11H to 11 M may make forfeiture order in accordance with the provision of this section.
(2) Where a person is convicted of an offence under section 11H (1) or (2) or section 11I, the Court
may order the forfeiture of any money or other property:
1Ins. by Act No. XX of 2020, s. 4.
2Subs. by Act No. VII of 2014, s. 12.
Page 28 of 57
(a) which, at the time of the offence, he had in his possession or under his control; and
(b) which at that time, he intended should be used, or had reasonable cause to suspect
might be used, for the purposes of terrorism.
(3) Where a person has been convicted under Section 11H (3), the court may order the forfeiture
of any money or other property:
(a) which, at the time of the offence, he had in his possession or under this control,
and
(b) which, at the time, he knew or had reasonable cause to suspect would or might be
used for the purposes of terrorism.
(4) Where a person is convicted of an offence under section 11J, the court may order the forfeiture
of the money or other property:
(a) to which the arrangement in question related; and
(b) which, at the time of the offence, he knew or had reasonable cause to suspect
would or might be used for the purposes of terrorism.
(5) Where a person is convicted of an offence under section 11K, the Court may order the
forfeiture of the money or other property to which the arrangement in question related.
(6) Where a person is convicted of an offence under any of the sections 11H to 11K, the Court
may order forfeiture of any money or other property which wholly or partly, and directly or indirectly, is
received by any person as a payment or other reward in connection with the commission of the offence
1
[:]
1
[Provided that in case of a jointly owned property, the shares of a person in the said property who
is not convicted, shall not be subject to such order of forfeiture.]
1
[(6A) Where the court is satisfied that property subject to forfeiture under this section cannot be
forfeited, it may order the forfeiture of any other property of the accused of an equivalent value to the
property subject to forfeiture which stands identified or located in another jurisdiction.]
2
[(7) A person other than an accused, claiming the ownership or interest in any property or assets,
suspected to be terrorist property, may within a period of fifteen days of freezing of account or of taking
into possession or control of such property or assets, as the case may be or within such extended period as
the court may, for reasons to be recorded, allow file his claim before the court. The court after giving
notice to the prosecution and hearing the parties, shall decide the claim.]
1Subs., added and ins. by Act No. XXIII of 2020, ss. 7 and 9.
2Added by Act No. XX of 2013, s. 8.
Page 29 of 57
1[11R. Evidentiary standard for forfeiture.— (1) The court may pass an order for forfeiture
under section 11Q upon conviction and only if satisfied on reasonable grounds that the money or other
property is a terrorist property and before so doing must give an opportunity to be heard to any person,__
(a) who is not a party to the proceedings; and
(b) who claims to be the owner of or otherwise interested in any of the money or
other property which can be forfeited under this section.
(2) An order may be made under section 11Q, whether or not proceedings are brought against all
the persons for an offence with which the money or other property is connected.]
11S. Appeal against forfeiture order 2[***].__ (1) Any party to the proceedings in which a
forfeiture order is made under 2[section 11Q] 1[***] may appeal to the High Court against such an order.
(2) An appeal must be brought before the end of the period of thirty days beginning with the date
on which the forfeiture order was made.
11T. Deposit of 2[money or other property] in a fund.__ (1) Any 2[money or other property] to
which a forfeiture order under sections 11R and 11S applies, alongwith 2[any addition, return,] profit and
loss accrued, shall be deposited into a special fund to be notified by the Federal Government__
(a) after the expiry of the limitation period within which an appeal against the
forfeiture order may be brought under section 11S (2), or
(b) where an appeal brought under section 11S has been determined and disposed of.
(2) Any fund constituted by the Federal Government under sub-section (1) may also be used to
compensate victims of acts of terrorism or in the case of deceased victims, their dependents.
2
[(3) The Federal Government may, by rules made under this Act, prescribe the manner of
administration of the fund and management or disposal of the money or property forfeited under this Act.]
1
[11U. De-proscription.__ (1) The Federal Government may, by notification in the official
Gazette, at any time remove any organization or person from the First Schedule or Fourth Schedule, as
the case may be, on the basis that no reasonable ground for proscription exists.
(2) After three years of the disposal of appeal, if any, or where no appeal was filed, from the date
of the order of proscription, or form the date of any refusal of an application of de-proscription, —
(a) the Federal Government shall conduct review of the proscriptions to determine
whether any proscription may be cancelled on the basis provided for under sub-
section (1); and
1Subs. and omitted by Act No. VII of 2014, ss. 13-15.
2Omitted, ins., subs. and added by Act No. XIII of 2013, ss. 11 and 12.
Page 30 of 57
(b) until a proscription is cancelled, any money or other property frozen or seized on
account of the proscription shall remain frozen or seized, as the case may be.
(3) On cancellation of the proscription under this Act, any money or other property that has been
frozen or seized shall be released in a timely manner.]
11V. Directing terrorist activities.___ (1) A person commits an offence if he:
(a) directs, at any level, whilst resident in Pakistan or abroad, activities of an
organization concerned with the preparation, instigation or commission of acts of
terrorism; or
(b) directs, from within the country or abroad, activities connected with the
commission, preparation or instigation of an act of terrorism.
(2) A person guilty of an offence under sub-section (1) shall be liable on conviction to
1
[imprisonment for life] and to forfeiture or confiscation of his assets within or outside Pakistan.
11W. Printing, publishing or disseminating any material to incite hatred or giving projection
to any person convicted for a terrorist act or any proscribed organization or an organization placed
under observation or anyone concerned in terrorism.__ (1) A person commits an offence if he prints,
publishes or disseminates any material, whether by audio or videocassettes 2[or any form of data, storage
devise, FM radio station or by any visible sign] or by written, photographic, electronic, digital, wall-
chalking or any other method 2[or means of communication] which 2[glorifies terrorists or terrorist
activities or] incites religious, sectarian or ethnic hatred or gives projection to any person convicted for a
terrorist act, or any person or organization concerned in terrorism or proscribed organization or an
organization placed under observation:
Provided that a factual news report, made in good faith, shall not be construed to mean “projection”
for the purposes of this section.
1
[(2) Any person quilty of an offence under sub-section (1) shall be punishable on conviction with
imprisonment which may extend to five years and with fine.]
3
[11WW, Lynching.__ (1) Whenever any individuals, an organized group or a mob by taking the
law in own hands inflict punishment on a person accused or suspected of a crime by causing him a hurt or
his death, every such individual, a member of such group of a mob is said to commit lynching.
(2) Whoever, commits lynching under sub-section (1) shall be punished with imprisonment for a
term which may extend to three years or with fine or with both in addition to any other punishment to
which he may be liable under any other law for the time being in force.]
1Subs. by Act No. II of 2005, ss. 6 and 7.
2Ins. by Act No. XX of 2013, s. 9.
3Ins. by the Criminal Laws (Amendment) Act, 2017 (Act No. IV of 2017), s. 6.
Page 31 of 57
11X. Responsibility for creating civil commotion.__ (1) A person commits an offence if he
makes any call for action or shut-down, imposed through the use of threats or force resulting in damage
or destruction of property or injury to person, to intimidate citizens and prevent them from carrying out
their lawful trade or business activity.
(2) A person guilty of an offence under subsection (1) shall on conviction be punishable with
imprisonment for a term not less than 1[five years] and not more than 1[ten years] and shall pay
compensation as may be determined by the court, from the funds of the organization to which he belongs
or from his own personal resources or assets for the hurt or damage or destruction caused as a result of the
commission of the offence under sub-section (1).
(3) A person commits an offence if he addresses a meeting or gathering or delivers a sermon to a
religious gathering by any means whether verbal, written, electronic, digital or otherwise to incite
religious, sectarian or ethnic hatred and contempt, and shall, on conviction, be punishable with
imprisonment not less than 1[five years] and not more than 1[ten years] or fine or with both.]
12. Jurisdiction of 2[Anti-terrorism Court]. — (1) Notwithstanding anything contained in the
Code or in any other law, a scheduled offence committed in an area in a Province 3[or the Islamabad
Capital Territory] shall be triable only by the 2[Anti-terrorism Court] exercising territorial jurisdiction in
relation to such area.
(2) Notwithstanding anything contained in sub-section (1), if, in respect of a case involving a
scheduled offence committed in any area, the Government, having regard to the facts and circumstances
of the case, is satisfied that in order to ensure a fair trial, or for the protection and safety of witnesses,
that such offence should be tried by 2[an Anti-terrorism Court] established in relation to any other area,
the Government may make a declaration to that effect.
Explanation. __ Where 2[an Anti-terrorism Court] is established in relation to two or more areas,
2
such [Anti-terrorism Court] shall be deemed, for the purpose of this sub-section, to have been established
in relation to each of such areas.
(3) Where a declaration is made in respect of an offence committed in an area in a Province 3[or
the Islamabad Capital Territory], any prosecution in respect of such offence shall be instituted only in the
2
[Anti-terrorism Court] established in relation to such area, and, if any prosecution in respect of such
offence is pending immediately before such declaration in any other court, the same shall stand transferred
to such 2[Anti-terrorism Court] and such 2[Anti-terrorism Court] shall proceed with such case from the
stage at which it was pending at the time without the necessity of recalling any witnesses.
1Subs. by Act No. II of 2005, s. 8.
2Subs. by Ordinance No. XIII of 1999, s. 2.
3
Ins. by Act No. XX of 2013, s. 10.
Page 32 of 57
1
[13. Establishment of Anti-terrorism Court.___(1) For the purpose of providing for the speedy
trial of the cases 2[under this Act] and of scheduled offences, the Federal Government, or if so directed by
the Government, the Provincial Government may establish by notification one or more Anti-terrorism
Courts in relation to 3[each territorial area as specified by the High Court concerned].
(2) Where more Anti-terrorism courts than one have been established in any area, the Government
in consultation with the Chief Justice of the High Court shall 4[designate a judge of any such Court to be
an administrative judge] and all cases triable under this Act pertaining to the said area shall be filed before
the 4[said court and such judge may either try the case himself] or, assign any case, or cases, for trial to
any other anti-terrorism court at any time prior to the framing of the charge. The cases shall be assigned
to a court one case at a time”:
Provided that in order to ensure that the time of the court is not wasted if for some reason a given
case cannot proceed more than one case can be assigned to it at any time or from time to time.
(3) In respect of a case assigned to a court under sub-section (2), all orders made or proceedings
taken before the assignment shall be deemed to have been made or taken by the court to which the case
has been assigned.]
5
[(4) Notwithstanding anything contained in sub-section (2) and sub-section (3), the Federal
Government, or if so directed by the Government, the Provincial Government shall in addition to the
existing 3[Anti-terrorism Courts] or such other 3[Anti-terrorism courts] as may be established in the area,
establish one such additional 3[Anti- terrorism Court] under this Act at the principal seat of 3[each High
Court] and appoint a Judge of such High Court as a Judge of 3[Anti-terrorism Court] in consultation with
the Chief Justice of the High Court concerned, and where a Judge of a High Court is appointed as a Judge
of any area under this Act he shall be the administrative Judge for that area and such administrative Judge
may, in addition to the powers exercisable under this Act, either suo moto or on the application of any
party, at any stage of the proceedings whether before or after the framing of charge, for sufficient cause
including as mentioned in sub-section (1) of section 28, transfer, withdraw or recall any case pending
before any other 3[Anti-terrorism Court] in that area and may either try the case himself or make it over
for trial to any other 3[Anti-terrorism Court] in that area.
(5) The 3[Anti-terrorism Court] to which a case is transferred or recalled for trial under sub-
section (4), shall proceed with the case from the stage at which it was pending immediately before such
transfer or recall and it shall not be bound to recall or rehear any witness who has given evidence and may
act on the evidence already recorded.]
1
Subs. by Ordinance No. XIII of 1999, s.10
2Subs. by Act No. XX of 2013, s. 11.
3
Subs. by Ordinance No. VI of 2002, s. 2.
4 Subs. by Ordinance No. CXXXIV of 2002, s. 3.
5Added by Ordinance No. XX of 1999, s. 2.
Page 33 of 57
1[14. Composition and appointment of presiding officers of Anti-terrorism Courts.__ (1) An
Anti-terrorism Court shall consist of a Judge, being a person who__
(i) is a Judge of a High Court, or is or has been a Sessions Judge or an Additional
Sessions Judge; or
(ii) is a Judicial Magistrate First Class vested with powers under section 30 of the
Code; or
(iii) has for a period of not less than ten years been an advocate of a High Court.
(2) The Federal Government or the Provincial Government, if directed by the Federal
Government to establish a court under this Act, shall, after consultation with the Chief Justice of the High
Court, appoint a Judge of each court.
(3) A Judge shall hold office for a period of two and a-half years but may be appointed for such
further term or part of term as the Government appointing the Judge may determine.
(4) A Judge may be removed from his office prior to the completion of the period for which he
has been appointed after consultation with the Chief Justice of the High Court.
(5) In case a Judge is on leave, or for any other reason temporarily unable to perform his duties,
the Government making appointment of such Judge may, after consultation with the Chief Justice of the
High Court, authorize the Sessions Judge, having jurisdiction at the principal seat of the Anti-terrorism
Court, to conduct proceedings of urgent nature so long as such judge is unable to perform his duties.
(6) The Anti-terrorism Courts existing immediately before the commencement of the Anti-
terrorism (Second Amendment) Ordinance, 2002, and the judges appointed to such Courts, shall, subject
to the provisions of this Act, as amended, continue to function and try offences under this Act.]
15. Place of sitting.__ (1) Subject to sub-sections (2) and (3), 2[an Anti-terrorism Court] shall
ordinarily sit at such place or places 3[including Cantonment area or jail premises] as the Government
may, by order, specify in that behalf.
(2) The Government may direct that for the trial of a particular case the Court shall sit at such
place including the place of occurrence of an offence as it may specify.
1Subs. by Ordinance No. CXXXIV of 2002, s. 3.
2
Subs. by Ordinance No. XIII of 1999, s. 2.
3Ins. by Ordinance No. VI of 2002, s. 4.
Page 34 of 57
(3) Except in a case where a place of sitting has been specified under sub-section (2), 1[an Anti-
terrorism Court] may, if it considers it expedient or desirable so to do either suo moto or on the application
of the public prosecutor sit, for holding the trial of a case at any place including a mosque other than the
ordinary place of its sitting.
16. Oath by 1[Anti-terrorism Courts].__ A 2[Judge] of 1[an Anti-terrorism Court] shall, at the
commencement of a proceeding under this Act, make oath, in the case of a Muslim, on the Holy Quran,
to the effect that he shall decide the case honestly, faithfully and considering himself accountable to
Almighty Allah, and in case of a non-Muslim in accordance with 1[the Constitution, law and his
conscience].
17. Powers of 1[Anti-terrorism Courts] with respect to other offences.__ When trying any
scheduled offence, 1[an Anti-terrorism Court] may also try any offence other than the scheduled offence
with which the accused may, under the Code, be charged at the same trial.
18. Public Prosecutors.__ 3[(1) The 4[*] Government shall appoint in relation to each Anti-
terrorism court or a High Court and Supreme Court of Pakistan a proficient, diligent and professionally
competent Public Prosecutors or Law Officers and may also appoint one or more Additional Prosecutors
or Law officers:
Provided that the Government may also appoint, for any case or class of cases, a Special
Prosecutor.]
(2) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special
Public Prosecutor shall be deemed to be a Public Prosecutor within the meaning of section 492 of the
Code, and the provisions of the Code shall have effect accordingly.
19. Procedure and Powers of 1[Anti-terrorism Court].__ 4[(1) An investigating officer under
this Act shall be an officer or Police Officer not below the rank of Inspector or equivalent or, if the
Government deems necessary Joint Investigation Team’ to be constituted by the Government shall be
headed by an Investigating Officer of Police not below the rank of Superintendent of Police (BS-18) and
other officers of JIT may include equivalent rank from Intelligence Agencies, Armed Forces and Civil
Armed Forces. The JIT shall comprise five members and for the meeting purposes the quorum shall consist
of three members. 5[The Joint Investigation Team may co-opt any additional person from any Federal or
Provincial institution or department as it deems appropriate for investigation.]
1Subs. by Ordinance No. XIII of 1999, s. 12.
2Subs. by Ordinance No. CXXXIV of 2002, s. 4.
3
Subs. by Ordinance No. VI of 2002, s. 6.
4Omitted and subs. by Act No. VI of 2014, ss. 4 and 5.
5
Ins. by Act No. XXIII of 2020, s. 10.
Page 35 of 57
The investigating officer to the JIT, as the case may be, shall complete the investigation in respect
of cases triable by the court within thirty working days. The report under section 173 of the Code shall be
signed and forwarded by the investigating officer of police 1[through public prosecutor] to the court:
Provided that where the provisions of sections 4 and 5 have been invoked, the investigation shall
be conducted by the JIT comprising members of armed forces or civil armed forces, as the case may be,
intelligence agencies and other law enforcement agencies including an investigating officer of police not
below the rank of Inspector who shall sign the report under section 173 of the Code and forward it to the
Court:
Provided further that, where investigation is not completed within a period of thirty days from the
date of recording of the first information report under section 154 of the Code, the investigating officer or
the JIT shall, within three days after expiration of such period, forward to the Court through the Public
Prosecutor, an interim report under section 173 of the Code, stating therein the result of investigation made
until then and the Court shall commence the trial on the basis of such interim report,unless, for reasons to
be recorded, the Court decides that the trial may not so commence. The interim report shall be signed by
the investigating officer of police;]
2
[(1A) Notwithstanding anything contained in any other law for the time being in force, the Federal
Government may, in respect of any case registered by or under investigation with, the Police or any other
investigation agency or authority, by order in writing, entrust inquiry or such investigation to such agency
or authority as it may deem fit and thereupon the Police, or any other investigation agency or the authority
shall transfer the record of the case to such agency or authority.]
3
[(1B) Where any person has been arrested by the armed forces or civil armed forces under section
5, he shall be handed over to the investigating officer of the police station designated for the purpose by
the Provincial Government in each District.]
(2) Any default on the part of an officer-in-charge of a police station, an investigating officer or
any other person required by law to perform any functions in connection with the investigation, that results
in, or has the effect of, delaying investigation or submission of the report under sub-section (1), shall be
deemed to be a wilful disobedience of the orders of the 4[Anti-terrorism Court] and the person committing
the default shall be liable to be punished for contempt of Court.
(3) The 4[Anti-terrorism Court] may directly take cognizance of a case triable by such court
without the case being sent to it under section 190 of the Code.
(4) 5[* * * * * * *]
(5) Where, in a case triable by 2[an Anti-terrorism Court] an accused has been released from
1Subs. by Act No. XXIII of 2020, s. 10.
2
Ins. by Act No. XX of 2013, s. 12.
3Ins. by Act No. VI of 2014, s. 5.
4Subs. and ins. by Ordinance No. XIII of 1999, s. 2.
5Omitted by Ordinance No. XXXIX of 2001, s. 9.
Page 36 of 57
police custody 1[, or custody of any other investigating agency joined in an investigation,], under section
169 of the Code, or has been remanded to judicial custody, the 2[Anti-terrorism Court] may, on good
grounds being shown by a Public Prosecutor or a Law Officer of the Government, for reasons to be recorded
in writing, make an order for placing him in police custody 1[or custody of any other investigating agency
joined in investigation] for the purpose of further investigation in the case.
(6) 2[An Anti-terrorism Court] shall be deemed to be a Magistrate for purpose of 3[sub-section]
(5).
4
[(7) The Court shall, on taking cognizance of a case, proceed with the trial from day-to-day and
shall decide the case within seven days, failing which the matter shall be brought to the notice of the Chief
Justice of the High Court concerned for appropriate directions, keeping in view the facts and circumstances
of the case.]
5
[(8) An anti-terrorism Court shall not give more than two 4[adjournments during the trial of the
case and that also imposition of exemplary costs]. If the defence counsel does not appear after two
consecutive adjournments, the Court may appoint a State Counsel with at least seven years standing in
criminal matters for the defence of the accused from the panel of advocates maintained by the Court for
the purpose in consultation with the Government and shall proceed with the trial of the case.]
5
[(8a) Non-compliance with the provisions of sub-section 4[(7) or] (8) may render the presiding
officer of the Court liable to disciplinary action by the concerned High Court.
(8b) Notwithstanding anything contained in section 7 of the Explosive Substances Act, 1908 (VI
of 1908), or any other law for the time being in force, if the consent or sanction of the appropriate authority,
where required, is not received within thirty days of the submission of challan in the Court, the same shall
be deemed to have been given or accorded and the Court shall proceed with the trial of the case.]
(9) 2[An Anti-terrorism Court] shall not merely by reason of a change in its composition or transfer
of a case under sub-section (3) of section 12, be bound to recall and re-hear any witness who has given
evidence and may act on the evidence already recorded.
2
[(10) Any accused person may be tried in his absence if the Anti-terrorism Court, after such
inquiry as it deems fit, is satisfied that such absence is deliberate and brought about with a view to
impeding the course of justice:
1Ins. by Ordinance No. VI of 2002, s. 7.
2Subs. by Ordinance No. XIII of 1999, ss. 2 and 3.
3
Subs. by Ordinance No. XXXIX of 2001, s.9.
4
Subs. and ins. by Act No. VI of 2014, s. 5.
5Subs. and ins. by Act No. II of 2005, s. 9.
Page 37 of 57
Provided that the accused person shall not be tried under this sub-section unless a proclamation has
been published in respect of him in at least 1[in one daily newspaper including Sindhi language]
requiring him to appear at a specified place within seven days failing which action may also be taken
against him under section 88 of the Code:
Provided further that the Court shall proceed with the trial after taking the necessary steps to
appoint an advocate at the expense of the State to defend the accused person who is not before the Court.
Explanation.__ An accused who is tried in his absence under this sub-section shall be deemed
not to have admitted the commission of any offence for which he has been charged.]
(11) The advocate appointed under the second proviso to sub-section (10) shall be a person
selected by the 2[Anti-terrorism Court] for the purpose and he shall be engaged at the expense of the
Government.
2
[(11A). Nothing contained in sub-section (10) or sub-section (11) shall be construed to deny the
accused the right to consult or be defended by a legal practitioner of his own choice.]
(12) If, within sixty days from the date of his conviction, any person tried under sub-section (10)
appears voluntarily, or is apprehended and brought before 2[Anti-terrorism Court], and proves to its
satisfaction that he did not abscond or conceal himself for the purpose of avoiding the proceeding against
him, 2[the Anti-terrorism Court] shall set aside his conviction and proceed to try him in accordance with
law for the offence which he is charged:
Provided that 2[the Anti-terrorism Court] may exercise its powers under this sub-section in a case
in which a person as aforesaid appears before it after the expiration of the said period and satisfies it that
he could not appear within the said period by reason of circumstances beyond his control.
(13) 3[* * * * * * *]
(14) Subject to the other provisions of this Act, 2[an Anti-terrorism Court] shall, for the purpose of
trial of any offence, have all the powers of a Court of Sessions and shall try such offence as if it were a
Court of Session as far as may be in accordance with the procedure prescribed in the Code for trial before
a Court of Sessions.
1
[19A. Mode of making searches and arrest.__ The provisions of the Code, except that of section
103, shall mutatis mutandis, apply to all searches and arrest by police officer and an officer of equivalent
rank of the law enforcement agencies made under this Act.]
4
[19B. Pre-trial scrutiny.__ Before commencement of the trial, the prosecutor shall scrutinize the
case file to ensure that all pre-trial formalities have been completed so that the actual trial proceeds
uninterrupted from day-to-day.]
1Subs. and ins. by Act No. XX of 2013, ss. 12 and 13.
2Subs. by Ordinance No. XIII of 1999, ss. 2 and 13.
3Omitted by Ordinance No. XXXIX of 2001, s. 9.
4Ins. by Act No. VI of 2014, s. 6.
Page 38 of 57
1
[19C. Application of investigation techniques.__ (1) The investigating officer may with the
permission of Court, within sixty days of such permission, use techniques including undercover operation,
intercepting communications, accessing computer system and controlled delivery for investigation of
financing of terrorism under the law in force. The aforementioned period of sixty days may be extended
upto further period of sixty days by the Court on a request made to it in writing. The Court may grant
extension, if it is satisfied, on the basis of situation or reasons given in the written request. The provisions
of this sub-section shall be in addition to and not in derogation of any other law for the time being in force.
(2) The Federal Government may make rules to regulate the procedure and execution of orders for
the purpose of this section.]
20. 2[* * * * * * *]
2
[21. Protection to Judges 3[,] 4[*] Counsel, Public Prosecutor, witnesses and persons
concerned with court proceedings.__ (1) The Court may, subject to the availability of resources, make
such necessary orders or take such measures, as it deems fit, within available resources, for the protection
of a witness, judge 3[,] 4[*] public prosecutor, counsel and other persons concerned in court proceedings
for an offence under this Act, which may also include the following measures—
(a) proceedings may be held in camera, or under restricted entry of members of the
public, where necessary for the protection of the judge 3[,] 4[*] witnesses or a
victim’s family members or to prevent persons from crowding or storming the court
to intimidate the judge, 4[*] or to create a threatening atmosphere;
(b) The names of judges 3[,] 4[*] counsel, public prosecutor, witnesses and persons
concerned with court proceedings shall not be published; and
(c) During any inquiry, investigation or court proceedings, wherever the matter of the
identification of the accused arises, adequate protection shall be provided to a
witness identifying any accused, in order to protect the identity of the witness from
the accused.
(2) For purposes of protection of the judges 3[,] 4[*] accused, witnesses, prosecutors and defence
counsel and anyone concerned with the court proceedings, the Government may adopt such other measures
as may be appropriate or may be prescribed 3[and the Armed Forces shall also provide comprehensive
protection and security to the judges 3[,] 4[*] accused, witnesses, prosecutors, investigators, defence
counsel and all those concerned in the court proceedings].
1Ins. by Act No. XXXII of 2020, s. 2.
2
Omitted and subs. by Ordinance No. XXXIX of 2001, ss. 10-11.
3Ins. and added by Ordinance No. VI of 2002, s. 8.
4Omitted by Ordinance No. CXXXIV of 2002, s. 5.
Page 39 of 57
1
[These measures may include the following, namely: —
(a) screens may be used during trial to shield witnesses, Judges and Prosecutors from
public view;
(b) trial may be held in jail premises or through video link;
(c) witness protection programmes may be established by the Government through
law or rules.
The Provincial Government shall take necessary steps to ensure that prisoners
in Jails do not haveaccess to mobile phones.]
(3) The Government shall extend protection to a judge 2[,] 3[*] a counsel, public prosecutor and
the witnesses during investigation of an offence and proceedings under this Act, and thereafter, as may be
considered necessary.]
1
[(4) The provisions of this section shall have effect notwithstanding anything contained in any
other law for the time being in force, including the Qanun-e-Shahadat, 1984 (P.O. No. X of 1984).]
4
[21A. Cordons for Terrorist Investigation. - (1) An area is a cordoned area for the purposes of
a terrorist investigation under this Act, if it is so designated under this section.
(2) A designation may be made only by an officer not below the rank of a 2[Deputy
Superintendent of Police or a member of a Joint Investigation Team], if he considers it expedient for the
purposes of a terrorist investigation.
(3) If a designation is made orally, the officer making it shall confirm it in writing, as soon as is
reasonably practicable.
(4) The officer making a designation shall arrange for the demarcation of the cordoned area, so far
as is reasonably practicable.
(5) An area may be designated a cordoned area for a maximum period of fourteen days, which
may be extended in writing from time to time, with each extension specifying the additional period:
Provided that a designation shall have no effect after 28 days beginning with the day on which it
was made.
(6) Where a person knows or has reasonable cause to suspect that a terrorist investigation is being
conducted or is proposed to be conducted, a person commits an offence if he –
1Ins. by Act No. VI of 2014, s. 7.
2Ins. by Ordinance No. VI of 2002, s. 9.
3Omitted by Ordinance No. CXXXIV of 2002, s. 5.
4Ins. by Ordinance No. XXXIX of 2001, s. 12.
Page 40 of 57
(a) discloses to another, or others, anything which is likely to prejudice an
investigation; or
(b) interferes with material which is likely to be relevant to an investigation.
(7) Whosoever commits an offence under sub-section (6) shall be liable on conviction to
imprisonment for a term not less than six months and not exceeding two years, and fine.
(8) It is a defence for a person charged with an offence under sub-section (6) to prove__
(a) that he did not know and had no reasonable cause to suspect that the disclosure or
interference was likely to affect a terrorist investigation; or
(b) that he had reasonable excuse for the disclosure or interference.
(9) For the purposes of this section:
(a) a reference to conducting a terrorist investigation includes a reference to taking part
in the conduct of, or assisting, a terrorist investigation; and
(b) a person interferes with any material if he falsifies it, conceals it, destroys it or
disposes of it, or if he causes or permits another to do any of those things.
1[21AA. Protection of Judges, prosecutors, witnesses and persons concerned with Court
proceedings.__ (1) For the purposes of protecting the Judges, prosecutors, witnesses and persons
concerned with Court proceedings, the Court may make such necessary orders or take such measures, as
it deems fit, which may include the following:__
(a) proceedings may be held in camera, or under restricted entry, where necessary, to
prevent persons from crowding or storming the Court to intimidate the Judge and/or
prosecutor or to create a threatening atmosphere which may impede the trial;
(b) witness anonymity order may be passed by a Court that requites such specified
measures to be taken in relation to a witness in proceedings, as the Court considers
appropriate to ensure that the identity of the witness is not disclosed in or in
connection with the proceedings. The kinds of measures that may be required to be
taken in relation to a witness may include measures for securing one or moreof the
following:__
(i) that the witness’s name and other identifying details shall be withheld or
removed from materials disclosed to any party to the proceedings;
(ii) the witness shall use a pseudonym;
1Ins. by Act No. XV of 2018, s. 2.
Page 41 of 57
(iii) that the witness shall not be asked questions of any specified description
that might lead to the identification of the witness;
(iv) that the witness shall be screened so as to prevent his identification; and
(v) that the witness’s voice is subjected to modulation to any specified extent;
(c) live link which refers to a live television link or other arrangements whereby a
witness, whilst absent from the courtroom but present at a prescribed location is
able to testify and be heard and seen by a Judge. Where a direction for a live link
has been given, Cross-examination must be conducted by live link. The Court in
furtherance of the interest of justice may order the image and voice of the witness
to be morphed so as to protect the identity of the same; and
(d) identification Parade shall be carried out by way of witness screening which is the
use of screens, curtains or two-way mirrors to shield witnesses and their identity
from the Accused and from the public and the media as a means to reduce any
potential intimidation and face to face confrontation.
(2) The Court may make such an order only if it is satisfied that the following conditions are met,
namely:___
(a) the proposed order is necessary,__
(i) in order to protect the safety of the witness or another person or to prevent
any serious damage to property; or
(ii) in order to prevent real harm to the public interest; or
(iii) in order to ensure expeditious trial; and
(b) having regard to all the circumstances, the effect of the proposed order should be
consistent with the defendant receiving a fair trial.]
21B. Terrorist Investigation._ (1) A policeman in uniform 1[or a member of a Joint Investigation
Team] may:__
(a) order a person in a cordoned area to leave immediately,
(b) order a person immediately to leave the premises which are wholly or partly in or
adjacent to a cordoned area,
(c) order the driver or person in charge of a vehicle in a cordoned area to move it from
the area immediately,
1Ins. by Ordinance No. VI of 2002, s. 10.
Page 42 of 57
(d) arrange for the removal of a vehicle from the cordoned area,
(e) arrange for the movement of a vehicle within a cordoned area,
(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles,
(g) enter and search any premises in a cordoned area if he suspects anyone concerned
with terrorism is hiding there,
(h) search and arrest any person he reasonable suspects to be a person concerned in
terrorism;
Provided that any search of a person shall be done by a Police person of the same
sex; or
(i) take possession of any property in a cordoned area he reasonably suspects is likely
to be used for the purposes of terrorism.
21C. Training. (1) Weapons Training: A person commits an offence if he provides, without
valid authorisation from the competent authority, any instruction or training in the making or use of__
(a) firearms;
(b) explosives; or
(c) chemical, biological, and other weapons.
(2) A person commits an offence if he provides without valid authorisation from the competent
authority, any instruction or training to any child under sub-section (1) and, on conviction, shall be liable
to a term of imprisonment of not less than ten years and fine.
(3) A person commits an offence if he receives instruction or training from anyone, without valid
authorisation from the competent authority, to give such instruction or training or invites another,
specifically or generally, to receive such unauthorised instruction or training in the making or use of__
(a) firearms;
(b) explosives; or
(c) chemical, biological and other weapons.
(4) A child commits an offence if he provides, without valid authorisation from the competent
authority, any instruction or training, or if he receives such unauthorised instruction or training or invites
another, specifically or generally, to receive such authorised instruction or training in the making or use
of
Page 43 of 57
(a) firearms;
(b) explosives; or
(c) chemical, biological and other weapons.
(5) A child guilty of an offence under subsection (4) shall be liable on conviction to imprisonment
for a term not less than six months and not exceeding five years.
(6) (6) A person guilty of an offence under sub-section (1) and (3) shall be liable on conviction to
imprisonment for a term not exceeding ten years, or fine or with both.
(7) Training in Terrorism:
(a) A person commits an offence if he provides, generally or specifically, any
instruction or training in acts of terrorism.
(b) A person commits an offence if he receives any instruction or training in acts of
terrorism or invites another, specifically or generally, to receive such instruction
or training.
(c) A person guilty of an offence under sub-sections (a) and (b) shall, on conviction,
be liable to imprisonment of either description for a term of not less than one year
and not more than ten years and fine.
(d) A person is guilty of an offence if he provides, any instruction or training in acts of
terrorism to a child, and on conviction, shall be liable to imprisonment of either
description for a term not less than one year and not more than ten years and fine.
(e) A child commits an offence if he provides, generally or specifically, any instruction
or training in acts of terrorism, and on conviction, shall be liable to imprisonment
for a term not less than six months and not more than five years.
(f) A child commits an offence if he receives, generally or specifically, instructions or
training in acts of terrorism, and on conviction, shall be liable to imprisonment for
a term not less than six months and not more than five years.
(8) A Court by which a person is convicted of an offence under this section, may order the
forfeiture of any thing or property which it considers to have been in the person’s possession for purposes
connected with the offence, after giving any person, other than the convicted person, who claims to be the
owner or is otherwise interested, an opportunity of being heard.
21D. Bail.__ (1) Notwithstanding the provisions of sections 439, 491, 496, 497, 498, 498A and
561A of the Code, no Court, other than an Anti-terrorism Court, a High Court or the Supreme
Court of Pakistan, shall have the power or jurisdiction to grant bail to or otherwise release an accused
person in a case triable by an Anti-terrorism Court.
Page 44 of 57
(2) All offences under this Act punishable with death or imprisonment 1[*] exceeding three years
shall be non-bailable:
Provided that if there appear reasonable grounds for believing that any person accused of non-
bailable offence has been guilty of an offence punishable with death or imprisonment for life or
imprisonment for not less than ten years, such person shall not be released on bail.
(3) Subject to sub-section (2), the Court may admit a person to bail, unless satisfied that there are
substantial grounds for believing that the person, if released on bail (whether subject to conditions or not),
would;
(a) fail to surrender to custody;
(b) commit an offence while on bail;
(c) interfere with a witness; otherwise obstruct or attempt to obstruct the course of
justice, whether in relation to himself or another person; or
(d) fail to comply with the condition of release (if any).
(4) In exercising its powers in relation to a person seeking bail under this Act, the Court shall have
regard to such of the following considerations (as well as to any others which it considers relevant)__
(a) the nature and seriousness of the offence with which the person is charged;
(b) the character, antecedents, associations and community ties of the person;
(c) the time which the person has already spent in custody and the time which he is
likely to spend in custody if he is not admitted to bail; and
(d) the strength of the evidence of his having committed the offence.
(5) Without prejudice to any other power to impose conditions on admission to bail, the Court
admitting a person to bail under this section may impose such conditions as it considers:
(a) likely to result in the person’s appearance at the time and place required
2
[including very high bail sureties], or
1
Omitted by Ordinance No. VI of 2002, s. 11.
2Ins. by Act No. XX of 2013, s. 14.
Page 45 of 57
(b) necessary in the interests of justice or for the prevention of crime 1[, including
surveillance of the person granted bail to monitor his activities and requiring him
to report to the concerned police station at specified intervals as determined by the
court].
(6) It shall be lawful for the person to be held in military or police protective custody in accordance
with the conditions of his bail.
(7) The Government or the Court may, under this section, at any time, in respect of a person
charged of an offence under this Act, if it considers it necessary, by special or general order, direct special
arrangements to be made as to the place at which the person is to be held in order:
(a) to prevent his escape; or
(b) to ensure his safety or the safety of others.
21E. Remand: (1) Where a person is detained for investigation, the Investigating Officer, within
twenty-four hours of the arrest, excluding the time necessary for the journey from the place of arrest to
the Court, shall produce the accused before the Court, and may apply for remand of the accused to police
custody 2[or custody of any other investigating agency joined in the investigation], for which the
maximum period allowed may be not less than 1[fifteen days and not more] than thirty daysat one time:
Provided that, where an accused cannot within twenty-four hours be produced before the Court, a
temporary order for police custody 2[or custody of any other investigating agency joined in the
investigation] not exceeding twenty-four hours may be obtained from the nearest Magistrate for the
purpose of producing the accused before the Court within that period.
(2) No extension of the time of the remand of the accused in police custody 2[or custody of any
other investigating agency joined in the investigation] shall be allowed, unless it can be shown by the
Investigating Officer, to the satisfaction of the Court that further evidence may be available and the Court
is satisfied that no bodily harm has been or will be caused to the accused;
Provided that the total period of such remand shall not exceed 1[ninety] days.
(3) The Court shall be deemed to be a Magistrate for purposes of sub-section (1) 1[:]
1
[Provided that the Magistrates appointed under the Shariah Nizam-e-Adl Regulation, 2009 shall
also have the same powers as given to a court under this section.]
1
[21EE. Power to call information etc.__ (1) The Superintendent of Police during the course of
investigation or an equivalent officer of security forces operating in aid of civil power under sections 4
and 5, may by an order in writing, on the request of the Joint Investigation Team,__
(a) call for information from any person for the purpose of satisfying himself whether
there has been any contravention of the provisions of this Act or any rule or order
made there under;
1Ins. and subs. by Act No. XX of 2013, ss. 14 and 15.
2Ins. by Ordinance No. VI of 2002, s. 12.
Page 46 of 57
(b) require any person to produce or deliver any document or thing useful or relevant
to the inquiry or investigation;
(c) examine any person acquainted with the facts;
(d) with the permission of the Anti-terrorism Court, require any bank of financial
institution, notwithstanding anything contained in any other law for the time being
in force, to provide any information relating to any person, including copies of
entries made in the bank’s or a financial institution’s book, including information
of transactions saved in electronic or digital form which are reasonably believed to
be connected with commission of an offence under this Act and the keeper of such
books or records shall be obliged to certify the copies in accordance with law; and
(e) require information or obtain record of telephone and mobile phone data, e- mail,
MMS and CNIC and encrypted messages or any other information suspected to be
linked in any manner with commission of an offence under this Act, from any
service provider company of department.
(2) The copies obtained, information received or evidence collected in pursuance of clauses (d)
and (e) of sub-section (1) shall be kept confidential and shall not be divulged to any un-authorized person
or used for any purpose other than the legal proceedings under this Act.
(3) Any contravention of an order made under sub-section (1) shall be punishable with
imprisonment which may extend to 1[three years or with fine which may extend to one million rupees in
case of an individual and ten million rupees in case of a legal person or with both].
2IF. Remissions.__ Notwithstanding anything contained in any law or prison rules for the time
being in force, no remission in any sentence shall be allowed to a person, 2[****] who is convicted and
sentenced for any offence under this Act, 2[*****] 2[:]
2
[Provided that in case of a child convicted and sentenced for an offence under this Act, on
satisfaction of government, may be granted remission, as deemed appropriate.]
21G. Trial of Offences.__ All offences under this Act shall be tried 3[exclusively] by the Anti-
Terrorism Court established under this Act 2[:]
2
[Provided that the Courts of Zila Qazi or Azafi Zila Qazi established under the Shariah Nizam-e-
Adl Regulation, 2009 shall deemed to be the court and shall try all cases so assigned to them by the
administrative judge designated under sub-section (2) or sub-section (4) of section 13, as the case may
be.]
1Subs. by Act No. XXIII of 2020, s. 11.
2
Omitted, subs., ins. and added by Act No. XX of 2013, ss. 17 and 18.
3Ins. by Act No. II of 2005, s. 10.
Page 47 of 57
21H. Conditional admissibility of confession.__ Notwithstanding anything contained in the
Qanun-e-Shahadat, 1984 (President’s Order No. 10 of 1984) or any other law for the time being in force,
where in any court proceedings held under this Act the evidence (which includes circumstantial and other
evidence) produced raises the presumption that there is a reasonable probability that the accused has
committed the offence, any confession made by the accused during investigation without being compelled,
before a police officer not below the rank of a 1[District Superintendent of Police], may be admissible in
evidence against him, if the Court so deems fit:
Provided that the 1[District Superintendent of Police] before recording any such confession, had
explained to the person making it that he is not bound to make a confession and that if he does so it may
be used as evidence against him and that no Distt. Superintendent of Police has recorded such confession
unless, upon questioning the person making it, the Distt. Superintendent of Police had reason to believe
that it was made voluntarily; and that when he recorded the confession, he made a memorandum at the
foot of such record to the following effect:
“I have explained to (....name….), that he is not bound to make a confession and that, if he does
so, any confession he may make may be used as evidence against him and I believe that this confession
was voluntarily made. It was taken in my presence, and was read over to the person making it and admitted
by him to be correct, and it contains a full and true account of the statement made by him.”
(Signed)
1
[District Superintendent of Police].
21I. Aid and abetment.__ Whoever aids or abets any offence, under this Act shall be punishable
with the maximum term of same imprisonment provided for the offence or the fine provided for such
offence or with both.
21J. Harbouring.__ (1) A person commits an offence if he harbours any person who has
committed an offence under this Act.
(2) A person guilty of an offence under subsection (1) shall be liable on conviction topunishment
as provided in sections 216 and 216A of the Pakistan Penal Code (Act XLV of 1860).
21K. Offences triable by way of summary procedure.__ All offences under this Act punishable
with imprisonment for a term of not more than six months with or without fine shall be tried by way of
summary procedure.
21L. Punishment for an absconder.__ Whoever being accused of an offence under this Act,
absconds and avoids arrest or evades appearance before any inquiry, investigation or court proceedings or
conceals himself, and obstructs the course of justice, shall be liable to imprisonment for a term not less
than 2[five years] and not more than 2[ten years] or with fine or with both.
The original word was “superintendent of Police” which read as “District Superintendent of Police” as mentioned in the corrigendum, dated 29 th
1
August, 2001.
1Subs. by Act No. II of 2005, s. 11.
Page 48 of 57
21M. Joint Trials.__ (1) While trying any offence under this Act, a Court may also try any other
offence with which an accused may, under the Code of Criminal Procedure, 1898, be charged, at the same
trial if the offence is connected with such other offence.
(2) If, in the course of any trial under this Act of any offence it is found that the accused person
has committed any other offence under this Act or any other law for the time being in force, the Court
may convict an accused for such other offence and pass any sentence authorised by this Act or, as the case
may be, such other law, for the punishment thereof.]
22. Manner and place of execution of sentence.− The Government may specify the manner,
mode and place of execution of any sentence passed under this Act, having regard to the deterrent effect
which such execution is likely to have.
23. Power to transfer cases to regular courts.− Where, after taking cognizance of an offence,
1
[an Anti-terrorism Court] is of opinion that the offence is not a scheduled offence, it shall,
notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of such offence
to any court having jurisdiction under the Code, and the Court to which the case is transferred may proceed
with the trial of the offence as if it had taken cognizance of the offence.
24. 1[* * * * * * *]
25. Appeal. − (1) An appeal against the final judgment of 1[an Anti-terrorism Court] shall lie to
1
[a High Court].
(2) Copies of the judgment of 1[an Anti-terrorism Court] shall be supplied to the accused and the
Public Prosecutor free of cost on the day the judgment is pronounced and the record of the trial shall be
transmitted to 1[the High Court] within three days of the decision.
(3) An appeal under sub-section (1) may be preferred by a person sentenced by 1[an Anti-
terrorismCourt] to 1[a High Court] within 2[fifteen] days of the passing of the sentence.
(4) The Attorney General, 3[Deputy Attorney General, Standing Counsel] or an Advocate General
3
[or An Advocate of the High Court or the Supreme Court of Pakistan appointed as Public Prosecutor,
Additional Public Prosecutor or a Special Public Prosecutor] may, on being directed by the Federal or a
Provincial Government, file an appeal against an order of acquittal or a sentence passed by 1[an Anti-
terrorism Court] within 2[thirty] days of such order.
4
[(4A) Any person who is a victim or legal heir of a victim and is aggrieved by the order of acquittal
passed by an Anti-terrorism Court, may, within thirty days, file an appeal in a High Court against such
order.
1Subs. and omitted by Ordinance No. XIII of 1999, ss. 2 and 14.
2Subs. by Act No. XX of 2013, s. 19.
3Ins. by Ordinance No. XIX of 2000, s. 3.
4Ins. by Act No. X of 2004, s. 2.
Page 49 of 57
(4B) If an order of acquittal is passed by an Anti-terrorism Court in any case instituted upon
complaint and the High Court, on an application made to it by the complainant in this behalf, grant special
leave to appeal from the order of acquittal, the complainant may within thirty days present such an appeal
to the High Court.]
(5) An appeal under this section shall be heard and decided by 1[a High Court] within seven
working days.
(6)-(7) 3[* * * * * * *]
(8) Pending the appeal 1[the High Court] shall not release the accused on bail.
2
[(9) For the purposes of hearing appeals under this section each High Court shall establish a
Special Bench of Benches consisting of not less than two Judges.
(10) While hearing an appeal, the Bench shall not grant more than two consecutive adjournments.]
26. 3[* * * * * * *]
27. Punishment for defective investigation 4[and reward for successful investigation].– 4[(1)]
If 1[an Anti-terrorism Court] or 1[a High Court] comes to the conclusion during the course of or at the
conclusion of the trial that the investigating officer, or other concerned officers have failed to carry out
the investigation properly or diligently or have failed to pursue the case properly and in breach of their
duties, it shall be lawful for such Court or, as the case may be, 1[High Court] to punish the delinquent
officers with imprisonment which may extend to two years, or with fine, or with both by resort to summary
proceedings.
4
[(2) Incentive systems shall be introduced by the Provincial Governments providing for
appropriate rewards to investigating officers who conduct successful investigation.]
5
[27A. Presumption of proof against accused.__ Any person having in possession any explosive
substance with or without explosive devices without lawful justification or having been unlawfully
concerned with such explosive substance and devices, shall be presumed, unless contrary is proved, that
the explosive substance was for the purpose of terrorism.]
1Subs. and added by Ordinance No. XIII of 1999, ss. 2 and 15.
2Added by Act No. II of 2005, s. 12.
3Omitted by Ordinance No. XIII of 1999, s. 16.
4Added, re-numbered and ins. by Act No. VI of 2014, s. 8.
5Ins. by Act No. XX of 2013, s. 20.
Page 50 of 57
1[27AA. Punishment for false implication.__ Where an investigating officer dishonestly and
falsely involves, implicates or arrests a person alleged to have committed any scheduled offence shall be
punishable with imprisonment for a term which may extend to two years or with line or with both:
Provided that action against such investigating officer shall not be taken without the prior approval
of the Government.
27B. Conviction on the basis of electronic or forensic evidence etc.__ Notwithstanding anything
contained in this Act or Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984) or any other law for the time being
in force, a person accused of an offence under this Act may be convicted on the basis of electronic or
forensic evidence or such other evidence that may have become available because of modern devices or
techniques referred to in Article 164 of the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984):
Provided that the Court is fully satisfied as to the genuineness of such evidence]
28. Transfer of Cases.− (1) Notwithstanding anything contained in this Act, 2[the Chief Justice
of High Court concerned 3[on the application of any party to the proceedings” or on the application of the
Federal Government or a Provincial Government] may, if he] considers it expedient so to do in the interest
of justice, or where the convenience or safety of the witnesses or the safety of the accused so requires,
transfer any case from one 4[Anti-terrorism Court] to another 4[Anti-terrorism Court] within or outside the
area.
1
[(1A) Where it appears to the Government that it would be in the interest of justice or expedient
for protection and safety of judges, witnesses or prosecutors, it may apply to the Chief Justice of the High
Court concerned for transfer of a case from, an Anti-terrorism Court falling within its jurisdiction toan
Anti-terrorism Court in any other place in Pakistan and for this purpose shall also seek concurrence of the
Chief Justice of the High Court concerned.]
(2) 4[An Anti-terrorism Court] to which a case is transferred under sub-section (1) shall proceed
with the case from the stage at which it was pending immediately before such transfer and it shall not
be bound to recall and re-hear any witness who has given evidence and may act on the evidence already
recorded 4[:]
4
[Provided that nothing herein contained shall affect the power of the presiding officer of the Anti-
terrorism Court to call any witness as is available under the law.]
1
[(3) The Federal Government may in the interests of justice and for protection and safety of
witnesses and investigators, transfer the investigation of any case from, one place to any other place in
Pakistan.]
1Ins. a n d a d d e d by Act No. VI of 2014, ss. 9-10.
2Subs. by Ordinance No. VI of 2002, s. 13.
3
Ins. by Act No. XX of 2013, s. 21.
4Subs. and added by Ordinance No. XIII of 1999, ss. 2 and 17.
Page 51 of 57
(4) The investigating officer or the agency to which case is transferred under sub-section (3), may
proceed from the stage the inquiry or investigation was left or may proceed with the case as if it had been
originally entrusted to him or the agency, as the case may be.
(5) On completion of investigation and before submission of report under section 173 of the Code,
the Federal Government may direct that the case falling in the jurisdiction of a particular Anti-terrorism
court may be forwarded for trial to another Anti-terrorism court anywhere in Pakistan, as may be specified
by the Federal Government in this behalf, in the public interests or for the safety and protection of judges,
public prosecutors or witnesses.]
1
[28A. Impounding of passport of person charge-sheeted under the Act.− Notwithstanding
anything contained in any other law for the time being in force, the passport of a person, who is accused
of an offence under this Act, shall be deemed to have been impounded for such period as the Court may
deem fit.]
29. Trial before 2[Anti-terrorism Court] to have precedence.− A trial under this Act of an
offence by 2[an Anti-terrorism Court], and the appearance of an accused before it, shall have precedence
over the trial of any other case against the accused in any other court, except the High Court on its original
side.
30. Modified application of certain provisions of the Code.− (1) Notwithstanding anything
contained in the Code or in any other law, every scheduled offence shall be deemed to be a cognizable
offence within the meaning of clause (f) of section 4 of the Code and the words “cognizable case” as
defined in the clause shall be construed accordingly.
(2) Sections 374 to 379 of the Code shall apply in relation to a case involving a scheduled offence
subject to the modification that the reference to a “Court of Session,” and “High Court”, wherever
occurring therein, shall be construed as reference to 3[an Anti-terrorism Court] and 2[the High Court].
(3) 3[* * * * * * *]
(4) 3[* * * * * * *]
31. Finality of judgment.− A judgment or order passed, or sentence awarded, by 3[an Anti-
terrorism Court], subject to the result of an appeal under this Act shall be final and shall not be called in
question in any court.
32. Overriding effect of Act.− (1) The provisions of this Act shall have effect notwithstanding
anything contained in the Code or any other law but, save as expressly provided in this Act, the provisions
of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the
proceedings before 2[an Anti-terrorism Court]; and for the purpose of the said provisions of the Code, 2[an
Anti-terrorism Court] shall be deemed to be a Court of Session.
1Ins. by Act No. II of 2005, s. 13.
2
Subs. by Ordinance No. XIII of 1999, s. 2.
3
Omitted by Ordinance No. XXXIX of 2001, s.13
Page 52 of 57
(2) In particular and without prejudice to the generality of the provisions contained in sub-section
(1), the provisions of section 350 of the Code shall, as far as may be, apply to the proceedings before 1[an
Anti-terrorism Court] and for this purpose any reference in those provisions to a Magistrate shall be
construed as a reference to 1[an Anti-terrorism Court].
33. Delegation. − The Government may, by notification, delegate, subject to such conditions as
may be specified therein, all or any of the powers exercisable by it under this Act.
34. Power to amend the Schedule.− The Government may, by notification, amend the
2
[Schedules] so as to add any entry thereto or modify or omit any entry therein.
3
[35. Powers to make rules._ _ The Federal Government or a Provincial Government may, by
notification in the official Gazette, make rules for carrying out the purposes of this Act.]
36. Saving. − (1) Nothing contained in this Act shall affect the jurisdiction exercisable by, or the
procedure applicable to, any court or other authority under any law relating to the Naval, Military or Air
Forces or any other armed force of the Government.
(2) For removal of any doubt, it is hereby declared that, for the purposes of any such law as is
referred to in sub-section (1), 1[an Anti-terrorism Court] shall be deemed to be a court of ordinary criminal
jurisdiction.
1
[37. Contempt of Court.__ An Anti-terrorism Court shall have the power to punish with
imprisonment for a term which may extend to six months and with fine any person who —
(a) abuses, interferes with or obstructs the process of the Court in any way or
disobeys any order or direction of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the court or
a person constituting the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending or
most likely to come up before the Court;
(d) does anything which, by any other law, constitutes contempt of court.
Explanation. In this section, “Court means” Anti-terrorism Court.]
38. Punishment for terrorist act committed before this Act.− Where a person has committed
an offence before the commencement of this Act which if committed after the date on which this Act
comes into force would constitute a terrorist act hereunder he shall be tried under this Act but shall be
liable to punishment as authorised by law at the time the offence was committed.
39. Indemnity.− No suit, prosecution or other legal proceedings shall lie against any person in
respect of anything which is in good faith done or intended to be done under this Act.
1Subs. by Ordinance No. XIII of 1999, ss. 2 and 18.
2Subs. by Act No. VII of 2014, s. 16.
3Subs. by A c t No. XX of 2013, s. 22.
Page 53 of 57
1[39A. Removal of difficulties.__ If any difficulty arises in giving effect to any provisions of this
Act, the Federal Government may make such order, not inconsistent with the provisions of this Act, as
may appear to it to be necessary for the purposes of removing the difficulty.]
1
[39B. Repeal and Savings.__ (1) The Suppression of Terrorist Activities (Special Courts) Act,
1975, (XV of 1975) is hereby repealed.
(2) Notwithstanding the repeal of the Suppression of Terrorist Activities (Special Courts) Act,
1975, (XV of 1975) and the amendments of the Anti-terrorism Act, 1997 (XXVII of 1997), by the Anti-
terrorism (Amendment) Ordinance, 2001—
(a) every order, decision or judgment passed by any Anti-terrorism Court constituted
under this Act or Special Court constituted under the Suppression of Terrorist
Activities (Special Courts) Act, 1975, or any Appellate Court before such repeal or
amendment shall remain in force and operative and the repeal or amendment shall
not affect the previous operation of the law or any thing duly done or suffered or
punishment incurred thereunder;
(b) every case, appeal and legal proceedings whatsoever filed or pending before any
court under the Suppression of Terrorist Activities (Special Courts) Act 1975,
including the High Court and the Supreme Court shall continue to be proceeded
with in accordance with law before the concerned court of competent jurisdiction,
including the court established under this Act, and all orders passed, decisions made
and judgments delivered whether in the past or which may be made delivered
hereafter by such concerned court whether original, appellate or revisional, shall be
deemed to have been validly and competently made.
(c) all convictions made, punishments or sentences awarded by the Anti-terrorism
Court or Special Court or an Appellate Court before such repeal or amendment shall
be executed as if the said Acts were in force;
(d) any investigation or inquiry under this Act or the Suppression of Terrorists
Activities (Special Courts) Act, 1975 made or instituted before the commencement
of the Anti-terrorism (Amendment) Ordinance, 2001, shall continue to be made and
proceeded with in accordance with law;
(e) all cases pending before the Anti-terrorism Court or Special Court immediately
before the commencement of the Anti-terrorism (Amendment) Ordinance, 2001, if
not covered by this Act or clauses (a) and (b) above, shall stand transferred to the
respective Courts of Sessions of the area or such other courts of competent
jurisdiction where the cases were registered against the accused and such courts
shall proceed with the cases from the stage at which they were pending, without the
necessity of recalling any witnesses; and
(f) the Court of Sessions or, as the case may be, any other court to which a case has
been transferred from the Anti-terrorism Court or a Special Court under clause (d)
shall try it in accordance with the provisions of the Code of Criminal Procedure,
1898 (Act V of 1898), and the law applicable to such case.]
1
Ins. by Ordinance No. XXXIX of 2001, ss. 15 and 16.
Page 54 of 57
40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908).− In the Criminal
Law Amendment Act, 1908 (XIV of 1908), the following amendments shall be made, namely: -
I. In section 15, in clause (2) in sub-clause (a) for the words “violence or intimidation”
the words “terrorism, stirring up sectarianism, violence or intimidation which
endanger or threaten public order” shall be substituted.
II. For section 16, the following shall be substituted, namely: -
“16. Declaration of an association to be unlawful. − (1) If either the Federal
Government or the Provincial Government is of the opinion that an association
is an unlawful association it may call upon the association to show cause within
fourteen days why it should not be declared as unlawful association for the
purpose of this Act.
(2) If after hearing the association, the Federal Government or the Provincial
Government is of the opinion that the association is an unlawfulassociation it
may declare such association to be an unlawful association.
(3) If the Federal Government or the Provincial Government is of the opinion
that in the interest of the maintenance of public order or to prevent injury to the
people it is just and necessary to take immediate action, it may, pending passing
of order under sub-section (2), by an ad interim order, declare an association to
be unlawful.
(4) An association aggrieved by an order under sub-section (2) may file an
appeal before a Board appointed by the Chief Justice of the High Court of the
Province consisting of a chairman and two other person seach of whom is or
has been a judge of a High Court.
(5) The Board shall decide the appeal within thirty days and may pass such
order as it may deem fit.”
III. In section 17, —
(i) in sub-section (1) for the words “six months” the words “five years” shall
be substituted; and
(ii) in sub-section (2) for the words “three years” the words “seven years”
shall be substituted.
IV. In sections 17A, 17D and 17E, for the words “Provincial Government” wherever
occurring the words “Federal Government or the Provincial Government” shall be
substituted.
Page 55 of 57
1[THE FIRST SCHEDULE
(List of Proscribed Organizations)
[see section 11B]
THE SECOND SCHEDULE
(List of Organizations under Observation)
[see section 11D (1)(a)]
THE THIRD SCHEDULE
(Scheduled Offences)
[see section 2(t)]
1. Any act of terrorism within the meaning of this Act including those offences which may be
added or amended in accordance with the provisions of section 34 of this Act.
2. Any other offence punishable under this Act.
3. Any attempt to commit, or any aid or abetment of, or any conspiracy to commit, any of the
aforesaid offences.]
2
[4. Without prejudice to the generality of the above paragraphs, the Anti-terrorism Court to the
exclusion of any other Court shall try the offences relating to the following, namely:__
(i) Abduction or kidnapping for ransom;
(ii) use of fire arms or explosives by any device, including bomb blast in a mosque,
imambargah, church, temple or any other place of worship, whether or not any hurt
or damage is caused thereby; or
(iii) firing or use of explosives by any device, including bomb blast in the court
premises.]
1Subs. by Ordinance No. XXXIX of 2001, s. 17, for the Schedule which was previously amended by various SROs and Ord. No. XIII of 1999, s. 20.
2Added. by Act No. II of 2005, s. 14.
Page 56 of 57
1[THE FOURTH SCHEDULE
(see section 11EE)]
2
[THE FIFTH SCHEDULE
[see section 6 (3A)]
(a) Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague
on the 16th December, 1970;
(b) Convention for the Suppression of Unlawful Acts against the Safety Convention on
the Prevention and Punishment of Crimes against Internationally Protected Persons,
including Diplomatic Agents, adopted by the General Assembly of the United
Nations on the 14th December, 1973;
(c) Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons, including diplomatic Agents, adopted by the General Assembly
of the United Nations on the 14th December, 1973;
(d) International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on the 17th December, 1979;
(e) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the Suppression
of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 24th
February, 1988;
(f) Convention for the suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on the 10th March, 1988;
(g) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed
Platforms located on the Continental Shelf, done at Rome on the 10th March, 1988;
(h) International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations at New York on the 15th December,
1997; and
(i) Such other convention as may be specified by the Federal Government by
notification in the official Gazette]
5722848
1Added by Ordinance No. CXXV of 2002, s. 4.
2Added by Act No. XIII of 2013, s. 14.
RGN Dated 20-10-2025
Page 57 of 57
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
LexForm advocates handle matters under Anti-Terrorism Act across Pakistan, the UK, the EU, and the US.