Answer
Application of certain provisions of Pakistan Penal Code and amendment:
(1) Unless otherwise expressly provided in the ordinance, the provisions of Sections 34 to 38 of Chapter II, Sections 63 to 72 of Chapter III and Chapters V and V-A of the Pakistan Penal Code (Act XLV of 1860) shall apply, mutatis mutandis, in respect of offences under this Ordinance.
(2) Whoever is guilty of the abetment of an offence liable to under this Ordinance shall be liable to the punishment provided for such offence as tazir.
(3) In the Pakistan Penal Code, 1860 (Act XLV of 1860):
(a) Section 366, Section 372, Section 373, Section 375 and Section 376 of Chapter XVI and Section 493; Section 497 and Section 498 of Chapter XX shall stand repealed; and
(b) In Section 367 the words and comma or to the unnatural lust of any person, shall be omitted.
Application of Code of Criminal Procedure, 1898, and amendment:
1. The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) hereafter in this section referred to as the Code shall apply, mutatis mutandis, in respect of cases under this Ordinance:
Provided that, if it appears in evidence, that the offender has committee a different offence under any other law, he may, if the competent to try that offence and award punishment therefore, be convicted and punished for that offence:
Provided further that an offence punishable under this Ordinance, shall be triable by a Court of Session and not by a Magistrate authorized under Section 30 of the said Code and an appeal from an order of the Court of Session shall lie to the Federal Shariat Court:
Provided further that a trial by a Court of Session under this Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have been committed.
2. The provisions o the Code de relating to the confirmation of the sentence of death shall apply, mutatis mutandis to confirmation of sentences under this Ordinance.
3. The provisions of Section 198, Section 199-A or Section 199-B of the Code shall not apply to the cognizance of an offence punishable under S. 15 of S. 16 of this Ordinance.
4. The provisions of sub-section (3) of S. 391 or Section 393 of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance.
5. The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under S. 5 or S.6 of this Ordinance.
6. In the Code, S. 561 shall stand repealed.