1[Provided further that an offence punishable under this Ordinance shall be triable by a Court of
Session and not by a Magistrate authorised under section 30 of the said Code and an appeal from an
order of the Court of Sessions 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 of the Code relating to the confirmation of the sentence of death shall
apply, mutatis mutandis, to confirmation of sentences under this Ordinance.
2* * * * * * *
(4) The provisions of subsection (3) of section 391 or section 393 of the Code shall not apply in
respect of the punishment of whipping awarded under this Ordinance.
2* * * * * * *
(6) in the Code, section 561 shall stand repealed.
21. Presiding Officer of Court to be a Muslim. The Presiding Officer of the Court by which a
case is tried, or an appeal is heard, under this Ordinance, shall be a Muslim.
Provided that, if the accused is a nonMuslim, the Presiding Officer may be a nonMuslim.
22. Saving. Nothing in this Ordinance shall be deemed to apply to the cases pending before any
Court immediately before the commencement of this Ordinance, or to offence, committed before
such commencement.
________________
1 Added by the Offence of Zina (Enforcement of Hudood) (Amdt.) Ordinance, 1980 (20 of 1980), s. 2.
2 Omitted by Act VI of 06, s. 18.
Page 5 of 6