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Old Monday, September 07, 2009
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Exclamation Full Text Of Fcr 1901

THE FRONTIER CRIMES REGULATION, 1901


A Regulation further to provide for the suppression of crime in certain frontier districts. Whereas it is expedient further to provide for the suppression of crime in certain frontier districts; It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

1. Short title, commencement and extent.

This Regulation may be called the Frontier Crimes Regulation, 1901; and
It shall come into force at once.

1[3) It shall extend to the areas specified in the Third Schedule, but the Governor may by notification2 in the official Gazette, exempt any such area from the operation of .all or any of its provisions.]

4) Sections 1 to 5, 10, 20, 21, 26 to 28, 31, 32, 36, 37, 56 and 60 to .64 are of general application, but the remaining sections may be enforced, in whole or in part, as the case may be, only against Pathans and Balochis, and against such other classes as the3 [Provincial Government]4, may, by notification in the 5[official Gazette], declare to be subject thereto.

5) A notification under Sub-section (4) may declare a specified class only to be subject to all or any of the provisions of this Regulation in a district or part of a district6.
Explanation. The word "class", as used in Sub-section (4) and (5) includes any persons who may be collectively described in a notification under this section as persons subject to all or any of the provisions of this Regulation.

2. Definitions.
In this Regulation unless there is anything repugnant in the subject or context

7[(a) "Council of Elders" means - in relation to Quetta and Kalat Divisions and District Lasbella a Council of three or more persons convened according to the Pathan, Biluch or other usage, as the Deputy Commissioner may in each case direct; and in relation to other areas, a Council of three or more persons whether officials or otherwise convened by the Deputy Commissioner and presided over by a Magistrate invested with powers under Section 30 of the Code of Criminal Procedure, 1898 (V of 1898);]and

(b) "Deputy Commissioner" includes any Magistrate of the first class appointed by the Deputy Commissioner by order in writing to exercise all or any of the functions or powers specified in the first part of the first Schedule, and also any Magistrate appointed by the 8[Provincial Government] to exercise all or any of such functions or powers;

9[(c) "Commissioner" or "Court of the Commissioner" means the Provincial Government or such officer or officers as the Provincial Government may appoint in this behalf.]

3. Relation of Regulation to other enactments.

The provisions of this Regulation shall take effect in case to which they apply, not with standing anything in any other enactment. The powers conferred by this Regulation may be exercised in addition to any powers conferred .by or under any other enactment, and, where the contrary is not expressed or implied, other enactments in force in any place in which all or any of the provisions of this Regulation are for the time being in force shall, so far as may be, apply to cases dealt within that place under this Regulation.


CHAPTER II

POWERS OF COURTS AND GFFICERS

4. Additional District Magistrate.

In any district in the whole or any part of which all or any of the provision of this Regulation are for the time being in force, the [Provincial Government]10 may appoint any Magistrate or Magistrates of the first class to be an Additional District Magistrate or Additional District Magistrates, without any limit of time.

Every Additional District Magistrate so appointed shall have all the ordinary powers of a District Magistrate specified in the fifth part of the third schedule to the Code of Criminal Procedure, 1898.

When exercising any of the powers of a Deputy Commissioner under this Regulation, an Additional District Magistrate shall be deemed, for the purposes of this Regulation to be the Deputy Commissioner.

Every Additional District Magistrate shall exercise his powers in subordination to the District Magistrate, and in such cases or classes of cases, and within such local limits as the District Magistrate may, by order in writing, direct.

5. Power of District Magistrate to withdraw or recall cases.

The District 'Magistrate may withdraw any case from, or recall any case which he has made over to, an Additional District Magistrate whether the Additional District Magistrate is exercising jurisdiction with respect to the case as a Magistrate or as a Deputy Commissioner.

If the case may, under the Code of Criminal Procedure, 1898,be referred to another Magistrate competent to inquire into or -try it, the District Magistrate may, instead of disposing of the case himself refer it to such other Magistrate for inquiry or trial, as the case may be.

6. Power to pass sentences of whipping in certain cases.

Where any person against whom, under Section 1, Sub-section (4), this section may for the time being be enforced in convicted by a Criminal Court of an offence punishable under any of the following sections of the11 Indian Penal Code, namely, Sections 304, 307, 324, 325, 326, 376, 377, 382,392 to 399, 427, 428, 429, 435, 436 and 448 to 460, the Court may subject to the provisions of Section 393 of the Code of Criminal Procedure, 189? pass upon him a sentence of whipping in addition to any other punishment to which he may be sentenced.

127. Tender of pardon to accomplices.

Section 337 of the Code of Criminal Procedure, 1898, shall for the purposes of this Regulation, be construed as if the words in Sub-section (1) "triable exclusively by the High Court or Court of Session or any offence punishable with imprisonment which may extend to ten years or any offence punishable under Section 211 of the 13Indian Penal Code with imprisonment which may extend to seven years or any offence under any of the following sections of the Indian Penal Code, namely, Sections 216-A, 369, 401, 435 and 477-A", and the whole of Sub-section (2-A) were omitted.
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Last edited by Xeric; Monday, September 07, 2009 at 10:13 PM.
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