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A parliamentary panel on Friday discussed pros and corns of a proposed constitutional amendment in section 3 of the Pakistan Penal Code 1860 (Act XLV of 1860).

The Sub-Committee of Senate Standing Committee on Interior met here under the chairmanship of Senator Dr Shehzad Waseem and examined Section 3 of the Pakistan Penal Code 1860 (Act XLV of 1860) and the proposed amendment to the said section of the Pakistan Penal Code.

The meeting was attended among others by Senator Kalsoom Parveen, Minister for Parliamentary Affairs Senator Azam Swati, and officials from the ministry of Interior.

The committee was told that the purpose of the bill is to open possibility of bringing the culprits back to the country so that they can be tried as well as evidence can be brought to the country as the punishment of death comes into contradiction with punishment of various countries and provision of this punishment leads to reluctance in sharing evidence and handing over the culprits.

The Pakistan Penal Code (Amendment) Ordinance 2019 was promulgated by the President of Pakistan on July 16, 2019 to amend the section 3 of Pakistan Penal Code (PPC), 1860. In the section 3 of PPC, a proviso "shall" be inserted namely: "Provided that where the accused has been extradited into Pakistan or brought into Pakistan under any arrangement with a foreign country or authority other than extradition or where against an accused any evidence is used in court which has been obtained from a foreign country, the court upon conviction may punish such accused with any punishment provided for that offence except punishment of death."

The section 3 of the act says, "Punishment of offences committed beyond, but which by law may be tried within Pakistan. Any person liable, by an Pakistani Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan."

The proposed Amendment says, "Provided that where the accused has been extradited into Pakistan or brought into Pakistan under any arrangement with a foreign country or authorities other than extradition or where against an accused any evidence is used in court which has been obtained from a foreign country, the court, upon conviction, may punish such accused with any punishment provided for the offence except punishment of death."

Copyright Business Recorder, 2019

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