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Download PDF file - Human Rights Commission of Pakistan

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142Revisiting Police Lawsveyance in such a manner as to cause inconvenience or danger to the public;Fourth - Exposing goods for sale:- Any person who exposes any goods for sale;Fifth - Throwing dirt into street:- Any person who throws or lays down any dirt, filth, rubbish or anystones or building materials, or who constructs any cowshed, stable or the like, or who causes any <strong>of</strong>fensive matterto run from any house, factory, dungheap or the like;Sixth - Being found drunk or riotous.- Any person who is found drunk or riotous or who is incapable <strong>of</strong>taking care <strong>of</strong> himself;Seventh - Indecent exposure <strong>of</strong> person.- Any person who wilfully and indecently exposes his person, orany <strong>of</strong>fensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank orreservoir not being a place set apart for that purpose;Eighth - Neglect to protect dangerous places.- Any person who neglects to fence in or duly to protect anywell, tank or other dangerous place or structure;37[34-A. Penalty for contravention <strong>of</strong> any rule or order made under section 33-A:-Whoever contravenes anyrule or order made under section 33-A or abets the commission <strong>of</strong> any such <strong>of</strong>fence shall be punished with finewhich may extend to two hundred rupees.]38[34-B. Summary disposal <strong>of</strong> cases:- (1) A court taking cognizance <strong>of</strong> an <strong>of</strong>fence punishable under section 34 orsection 34-A may state upon the summons to be served on the accused person that he(a)(b)may appear by pleader and not in person; ormay, by a specified date prior to hearing <strong>of</strong> the charge, plead guilty to the charge by registeredletter and remit to the Court such sum not exceeding twenty-five rupees as the Court mayspecify.(2) The accused person shall, if he pleads guilty to the charge, forward his licence, if any, to the Courtwith a letter containing his plea in order that the conviction may be endorsed on the licence.(3) Where an accused person pleads guilty and remits the sum specified and has complied with theprovisions <strong>of</strong> sub-section (2), no further proceedings in respect <strong>of</strong> the <strong>of</strong>fence shall be taken against him, nor shall hebe liable to be disqualified for holding or obtaining a licence by reason <strong>of</strong> his having pleaded guilty.]35. Jurisdiction:- Any charge against a police <strong>of</strong>ficer above the rank <strong>of</strong> a constable under this Act shall be enquiredinto and determined only by an <strong>of</strong>ficer exercising the powers <strong>of</strong> a 39 Magistrate.36. Power to prosecute under other law not affected:- Nothing contained in this Act shall be construed to pre-ventany person from being prosecuted under any other Regula-tion or Act for any <strong>of</strong>fence made punishable by this Act,or from being liable under any other Regulation or Act or any other or higher penalty or punishment than is providedfor such <strong>of</strong>fence by this ActProvided that no person shall be punished twice for the same <strong>of</strong>fence.37. Recovery <strong>of</strong> penalties and fines imposed by Magistrates:- The provisions <strong>of</strong> sections 64 to 70, both inclusive,<strong>of</strong> the <strong>Pakistan</strong> Penal Code, and <strong>of</strong> sections 386 to 389, both inclusive, <strong>of</strong> the 40 Code <strong>of</strong> Criminal Procedure, 1882,with respect to fines, shall apply to penalties and fines imposed under this Act on con-viction before a Magistrate;Provided that, notwithstanding anything contained in section 65 <strong>of</strong> the firstmentioned Code, any personsentenced to fine under section 34 <strong>of</strong> this Act may be imprisoned in default <strong>of</strong> payment <strong>of</strong> such fine for any period notexceeding eight days.38. Procedure until return is made to warrant <strong>of</strong> distress. [Repealed by the Police Act (1861) Amendment Act,1895 (VIII <strong>of</strong> 1895), s. 14].39. Imprisonment if distress not sufficient. [Repealed, ibid].40. Levy <strong>of</strong> fines from European British subjects. [Repealed, ibid]41. Rewards to police and informers payable to General Police Fund. [Repealed by the A. O. 1937].

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