K-P cabinet toughens penalties for rioting

The Khyber-Pakhtunkhwa Caretaker Cabinet on Thursday approved a series of amendments to the Pakistan Penal Code (PPC) and the Criminal Procedure Code. The focal point of these changes is the augmentation of penalties for armed rioting, specifically under Section 149 of the PPC, which has now been increased to a five-year term.

In the 21st cabinet meeting, presided over by Chief Minister Justice (retd) Syed Arshad Hussain Shah, the amendments were given the green light. Attended by ministers, advisors, special assistants, the chief secretary, additional chief secretaries, and relevant administrative secretaries, the meeting aimed to fortify legal frameworks and address challenges related to public order and safety.

The approved ordinance entails amendments to Sections 147, 148, and 188 of the Pakistan Penal Code 1860 and Schedule II of the Criminal Procedure Code 1898. These revisions target offenses related to unlawful assembly, rioting, disobeying orders, causing obstructions, and injuring individuals lawfully employed. Specifically, the amendments seek to bolster the enforcement of sections 147, 148, and 188 of the PPC.

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Under the revised provisions, the punishment for offenses falling under Section 147, which previously carried a penalty of “up to two years or with a fine, or both,” has been heightened to “up to three years and shall also be liable to a fine up to two hundred thousand rupees. In default of payment of the fine, additional imprisonment for three months.”

Additionally, the amendment includes the provision that the offense is now “non-bailable,” and the individual “may be arrested without a warrant.” Section 148, dealing with offenses of a more serious nature, has seen a substantial increase in penalties.

The earlier punishment of “up to three years or with a fine, or both” has been replaced with “up to five years and shall also be liable to a fine up to five hundred thousand rupees, which shall not be less than one hundred thousand rupees. In default of payment of the fine, additional imprisonment for six months.” Similar to Section 147, the amendment adds that the offense is now “non-bailable” and the individual “may be arrested without a warrant.”

Section 188, addressing the disobedience of orders promulgated by public servants, has also undergone revisions. The previous punishment of “up to one month or with a fine which may extend to six hundred rupees or with both” has been replaced with “up to one year and shall also be liable to a fine up to one hundred thousand rupees, which shall not be less than twenty-five thousand rupees. In default of payment of the fine, additional imprisonment for one month.”

Published in The Express Tribune, January 5^th, 2024.