1* * * * * * *
8. Proof of zina 1[* *] liable to hadd. Proof of Zina 1[* *] liable to hadd shall be in one of the
following forms, namely:
(a) the accused makes before a Court of competent jurisdiction a confession of the
commission of the offence; or,
(b) at least four Muslim adult male witnesses about whom the Court is satisfied having regard
to the requirements of tazkiyah alshuhood that they are truthful persons and abstain from
major sins (kabir) give evidence as eyewitnesses of the act of penetration necessary to
the offence;
Provided that, if the accused is a nonMuslim the eyewitnesses may be nonMuslim.
Explanation. In this section “tazkiyah alshuhood” means the mode of inquiry adopted by a
Court to satisfy itself as to the credibility of a witness.
9. Cases in which hadd shall not be enforced.(1) In a case in which the offence of ‘zina’ 1[* *]
is proved only by the confession of the convict, ‘hadd’, or such part of it as is yet to be enforced shall
not be enforced if the convict retracts his confession before the hadd or such part is enforced.
(2) In a case in which the offence of ‘zina’ 1[* *] is proved only by testimony, hadd, or such part
of it as is yet to be enforced. shall not be enforced if any witness resiles from his testimony before
hadd or such part is enforced, so as to reduce the number of eyewitnesses to less than four.
2* * * * * * *
2* * * * * * *
2* * * * * * *
2* * * * * * *
2* * * * * * *
2* * * * * * *
2* * * * * * *
17. Mode of execution of punishment of stoning to death. The punishment of stoning to death
awarded under section 5 1[* *] shall be executed in the following manner namely:
Such of the witnesses who deposed against the convict as may be available shall start stoning him,
and while stoning is being carried on, he may be shot dead, whereupon stoning and shooting shall be
stopped.
3* * * * * * *
3* * * * * * *
20. 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:
3* �� * * * * * *
1 Omitted by Act VI of 06, s. 1415.
2 Subs. added by Act VI of 1997,s .2.
3 Omitted by Act VI of 06,s.1618.
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