Zina-Ordinance-1979-MCQs judiciary
65 questions
-
Question 1 of 65
The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is which Ordinance of 1979?
ExplanationThe Zina Ordinance is Ordinance VII of 1979. Ordinance VI of 1979 is the Offences Against Property Ordinance, Ordinance VIII of 1979 the Qazf Ordinance and Ordinance IX of 1979 the Execution of the Punishment of Whipping Ordinance.
-
Question 2 of 65
Under section 8(b), the eye-witnesses must give evidence of:
ExplanationNothing short of eye-witness evidence of penetration itself satisfies section 8(b).
-
Question 3 of 65
Under section 20(1), an offence punishable under the Zina Ordinance is triable by:
ExplanationThe proviso to section 20(1), inserted by the Offence of Zina (Amendment) Ordinance, 1980, confers exclusive trial jurisdiction on the Court of Session.
-
Question 4 of 65
Under section 1(3), the Zina Ordinance came into force on:
ExplanationSection 1(3) fixes commencement by both the Hijri and Gregorian date. The Ordinance itself is dated 9 February 1979.
-
Question 5 of 65
Under section 8(b), the Court must be satisfied, having regard to the requirements of tazkiyah al-shuhood, that the witnesses:
ExplanationThe two-fold requirement is truthfulness and abstention from kabair. Tazkiyah al-shuhood is the mode of inquiry the Court adopts to satisfy itself as to a witness's credibility.
-
Question 6 of 65
Under the second proviso to section 20(1), a trial by a Court of Session under the Ordinance shall ordinarily be held at:
ExplanationThe venue provision points to the Tehsil headquarters, and was inserted by the Offence of Zina (Amendment) Ordinance, 1980.
-
Question 7 of 65
Under section 5(2), the punishment for zina liable to hadd is to be executed:
ExplanationBoth limbs of section 5(2) specify a public place.
-
Question 8 of 65
Section 19 of the Ordinance, omitted in 2006, applied to offences under the Ordinance certain provisions of the Pakistan Penal Code, namely:
ExplanationThe repealed section 19(1) borrowed the common-intention, punishment and abetment provisions of the Penal Code. The equivalent provision survives in section 16 of the Qazf Ordinance.
-
Question 9 of 65
Under section 8(b), how many witnesses are required to prove zina liable to hadd by testimony?
ExplanationFour Muslim adult male eye-witnesses are required under section 8(b). Two such witnesses suffice for qazf liable to hadd under the Qazf Ordinance.
-
Question 10 of 65
Which of the following definitions was OMITTED from section 2 by the Protection of Women Act, 2006?
ExplanationThe 2006 Act omitted the definitions of 'marriage' in clause (c) and 'tazir' in clause (e). The definitions of adult, hadd and muhsan survive.
-
Question 11 of 65
Under section 22, the Ordinance does NOT apply to:
ExplanationSection 22 is a saving provision, and the Ordinance has been held not to operate retrospectively.
-
Question 12 of 65
Under section 8, proof of zina liable to hadd may be by confession made by the accused:
ExplanationSection 8(a) requires the confession to be made before a Court of competent jurisdiction, and section 2(aa) further defines what a confession is.
-
Question 13 of 65
Under section 5(2)(a), a person guilty of zina liable to hadd who is a muhsan shall be:
ExplanationSection 5(2)(a) prescribes stoning to death at a public place for a muhsan; a non-muhsan receives one hundred stripes under clause (b).
-
Question 14 of 65
Under section 1(2), the Zina Ordinance extends to:
ExplanationSection 1(2) extends the Ordinance to the whole of Pakistan. It was separately applied to the Federally and Provincially Administered Tribal Areas by notification in 1979.
-
Question 15 of 65
The word omitted from section 4 by the Protection of Women Act, 2006 was:
ExplanationSection 12 of the 2006 Act omitted 'validly', so that the offence now turns on the absence of marriage rather than on the validity of a marriage.
-
Question 16 of 65
Under the Explanation to section 4, what is sufficient to constitute the sexual intercourse necessary to the offence of zina?
ExplanationThe Explanation to section 4 makes penetration sufficient, and the same test governs what the eye-witnesses must depose to under section 8(b).
-
Question 17 of 65
Section 10 of the Ordinance, omitted in 2006, dealt with:
ExplanationThe repealed section 10 provided the tazir punishments, including ten years and thirty stripes for zina liable to tazir.
-
Question 18 of 65
The definition of 'marriage' formerly in section 2(c) was omitted in 2006. As originally enacted it meant:
ExplanationThe omitted clause (c) defined marriage by reference to the personal law of the parties, and 'married' was to be construed accordingly.
-
Question 19 of 65
Under the repealed section 19(2), a person guilty of the abetment of an offence liable to hadd under the Ordinance was liable to:
ExplanationAbetment of a hadd offence attracted the tazir punishment, not the hadd. The same rule survives in section 16(2) of the Qazf Ordinance.
-
Question 20 of 65
Section 15 of the Ordinance, omitted in 2006, dealt with cohabitation caused by a man deceitfully inducing a belief of:
ExplanationThe repealed section 15 punished such deceit with rigorous imprisonment up to twenty-five years and whipping up to thirty stripes. The 2006 Act inserted a corresponding section 493A into the Pakistan Penal Code.
-
Question 21 of 65
Section 3 of the Ordinance, which gave it overriding effect notwithstanding any other law, was:
ExplanationSection 11 of the 2006 Act omitted section 3. The removal of the overriding clause was itself later the subject of a Federal Shariat Court challenge.
-
Question 22 of 65
Under section 5(3), no punishment under section 5(2) may be executed until:
ExplanationSection 5(3) requires confirmation by the appellate Court, and appeals from a Court of Session under this Ordinance lie to the Federal Shariat Court under section 20.
-
Question 23 of 65
Under section 20(1), an appeal from an order of the Court of Session under the Zina Ordinance lies to:
ExplanationThe proviso to section 20(1) directs appeals to the Federal Shariat Court, which is the distinctive appellate feature of the Hudood laws.
-
Question 24 of 65
The Protection of Women (Criminal Laws Amendment) Act, 2006 is which Act of 2006?
ExplanationThe Act is cited as Act VI of 2006 and was passed by the National Assembly on 15 November 2006.
-
Question 25 of 65
Under section 2(b), 'hadd' means:
ExplanationSection 2(b) defines hadd by its source. The counterpart definition of 'tazir' formerly in clause (e) was omitted in 2006.
-
Question 26 of 65
Sub-sections (3) and (4) of section 9, which allowed the Court to order retrial or to award tazir on the evidence on record, were:
ExplanationSection 15(iii) of the 2006 Act omitted both sub-sections, consistently with the abolition of tazir under this Ordinance.
-
Question 27 of 65
Under section 9(2), where zina is proved ONLY by testimony, hadd shall not be enforced if a witness resiles from his testimony so as to reduce the number of eye-witnesses to:
ExplanationThe threshold in section 9(2) matches the requirement of four eye-witnesses in section 8(b).
-
Question 28 of 65
Under section 5(1), zina is zina liable to hadd if committed by a man who is an adult and is not insane with a woman to whom:
ExplanationThe absence of any suspicion of marriage is an express element. A genuine belief that the parties are married therefore takes the case out of hadd liability.
-
Question 29 of 65
Sub-section (4) of the repealed section 10, providing that zina-bil-jabr liable to tazir committed by two or more persons in furtherance of common intention was punishable with death, was inserted by:
ExplanationThe 1997 Amendment Act inserted sub-section (4), which was then omitted along with the rest of section 10 in 2006.
-
Question 30 of 65
Which offences remain punishable under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 after the 2006 amendments?
ExplanationWith sections 6, 7 and 10 to 16 omitted, the Ordinance now creates a single offence: zina liable to hadd under section 5.
-
Question 31 of 65
Sections 11 to 16 of the Zina Ordinance, dealing with kidnapping, abduction, sale and purchase of persons for prostitution, and enticement, were:
ExplanationThe 2006 Act removed this whole block of offences from the Ordinance, returning the subject-matter to the Pakistan Penal Code.
-
Question 32 of 65
After the Protection of Women Act, 2006, the concept of 'tazir' under the Zina Ordinance:
ExplanationThe 2006 Act removed the definition of tazir and the tazir offences together, leaving the Ordinance concerned only with zina liable to hadd.
-
Question 33 of 65
Under section 9(1), where zina is proved ONLY by the confession of the convict, hadd shall not be enforced if:
ExplanationRetraction operates even part-way through execution: so much of the hadd as is yet to be enforced shall not be enforced.
-
Question 34 of 65
Under section 20(4), which provisions of the Code of Criminal Procedure do NOT apply to the punishment of whipping awarded under the Ordinance?
ExplanationSection 20(4) disapplies section 391(3) and section 393. Section 20(5), which had disapplied Chapter XXIX to punishments under sections 5 and 6, was omitted in 2006.
-
Question 35 of 65
Section 5A also provides that no complaint of lewdness shall at any stage be converted into:
ExplanationThe second limb of section 5A protects against escalation of a lewdness complaint into a zina charge.
-
Question 36 of 65
Section 7 of the Ordinance, omitted in 2006, dealt with punishment for zina or zina-bil-jabr where the convict:
ExplanationThe repealed section 7 provided imprisonment up to five years, or fine, or both, with whipping up to thirty stripes, for a non-adult offender.
-
Question 37 of 65
Which of the following provisions of the Zina Ordinance was OMITTED by the Protection of Women Act, 2006?
ExplanationSections 8, 9 and 21 survive in amended or unamended form; section 19 was omitted entirely.
-
Question 38 of 65
A complaint of zina under section 5 is read with which provision of the Code of Criminal Procedure, 1898?
ExplanationSection 203A of the Code, inserted by the 2006 Act, governs complaints of zina, and is referred to in both section 2(aa) and section 5A of the Ordinance.
-
Question 39 of 65
Under section 2(a), a female is an 'adult' on attaining:
ExplanationThe female threshold in section 2(a) is sixteen, two years lower than the male threshold of eighteen.
-
Question 40 of 65
Under section 4, a man and a woman commit zina if they:
ExplanationThe word 'validly' was omitted from section 4 by section 12 of the Protection of Women Act, 2006, so the section now reads simply 'without being married to each other'.
-
Question 41 of 65
The words 'or zina-bil-jabr' were omitted from sections 8 and 9 of the Ordinance by:
ExplanationSections 14 and 15 of the 2006 Act removed every reference to zina-bil-jabr from the Ordinance, that offence having been returned to the Pakistan Penal Code as rape.
-
Question 42 of 65
Under section 2(a), a male is an 'adult' for the purposes of the Ordinance on attaining:
ExplanationSection 2(a) fixes eighteen years for a male and sixteen years for a female, with attainment of puberty as an alternative in either case.
-
Question 43 of 65
The provisos to section 20(1) conferring trial jurisdiction on the Court of Session were inserted by:
ExplanationOrdinance XX of 1980 inserted these provisos. The word 'further' was later omitted from the first proviso by the 2006 Act.
-
Question 44 of 65
Section 5A prevents a complaint of zina, or a case where an allegation of rape is made, from being converted at any stage into:
ExplanationSection 5A blocks conversion in both directions - a zina or rape case cannot become a fornication complaint, and a lewdness complaint cannot become a zina complaint.
-
Question 45 of 65
Under section 20(6), which section of the Code of Criminal Procedure was repealed?
ExplanationSection 20(6) repealed section 561 of the Code. Section 561A, the inherent-powers provision, was not affected.
-
Question 46 of 65
Section 6 of the Zina Ordinance, which created the offence of zina-bil-jabr, was:
ExplanationSection 13 of the 2006 Act omitted section 6, and rape was reinstated in the Pakistan Penal Code by the insertion of new sections 375 and 376.
-
Question 47 of 65
Under section 2(aa), a 'confession' means an oral statement explicitly admitting the commission of zina, voluntarily made by the accused:
ExplanationSection 2(aa) requires an oral statement before a Court of Sessions, and operates notwithstanding any judgment of any court to the contrary.
-
Question 48 of 65
Under section 5(2)(b), a person guilty of zina liable to hadd who is NOT a muhsan shall be punished with whipping numbering:
ExplanationOne hundred stripes is the hadd for a non-muhsan under the Zina Ordinance. Eighty stripes is the hadd for qazf under the Qazf Ordinance.
-
Question 49 of 65
Besides the Pakistan Penal Code and the Code of Criminal Procedure, which other enactment did the Protection of Women Act, 2006 amend alongside the Zina and Qazf Ordinances?
ExplanationThe preamble to the 2006 Act names the Pakistan Penal Code, the Code of Criminal Procedure, the Dissolution of Muslim Marriages Act, 1939, and the Zina and Qazf Ordinances.
-
Question 50 of 65
Which of the following provisions of the Zina Ordinance SURVIVES the Protection of Women Act, 2006?
ExplanationSections 3, 6, 7, 10 to 16, 18 and 19 were all omitted in 2006. Sections 1, 2, 4, 5, 5A, 8, 9, 17, 20, 21 and 22 remain.
-
Question 51 of 65
Under section 6(1) of the Ordinance as it stood before 2006, zina-bil-jabr was committed in how many specified circumstances?
ExplanationThe repealed section 6(1) listed four circumstances: against the will of the victim; without consent; with consent obtained by putting the victim in fear of death or hurt; and with consent given under a mistaken belief as to the identity of a supposed spouse.
-
Question 52 of 65
Following the Protection of Women Act, 2006, the offence formerly known as zina-bil-jabr is dealt with as:
ExplanationThe 2006 Act inserted new sections 375 and 376 under the sub-heading 'Rape' after section 374 of the Pakistan Penal Code.
-
Question 53 of 65
Under section 2(d), a male 'muhsan' is a Muslim adult man who is not insane and has had sexual intercourse with:
ExplanationEvery element of section 2(d) matters: Muslim, adult, sane, and intercourse with a Muslim adult sane spouse during the marriage.
-
Question 54 of 65
Under section 21, the Presiding Officer of the Court by which a case is tried or an appeal is heard under the Ordinance shall be:
ExplanationSection 21 states the rule and its proviso, which mirrors the relaxation of the witness requirement in section 8(b).
-
Question 55 of 65
Section 18 of the Ordinance, omitted in 2006, provided that a person attempting an offence under the Ordinance was punishable with imprisonment up to:
ExplanationThe repealed section 18 also allowed whipping up to thirty stripes or the fine provided for the offence, or any two or all of those punishments.
-
Question 56 of 65
Under section 20(2), the provisions of the Code of Criminal Procedure relating to the confirmation of which sentence apply mutatis mutandis to confirmation of sentences under the Ordinance?
ExplanationSection 20(2) borrows the death-sentence confirmation machinery of the Code for sentences under the Ordinance.
-
Question 57 of 65
The definition of 'confession' in section 2(aa) was:
ExplanationClause (aa) was inserted by section 10(i) of the 2006 Act, which also omitted the definitions of 'marriage' and 'tazir'.
-
Question 58 of 65
Section 5A of the Ordinance was:
ExplanationSection 5A was inserted by the 2006 Act to prevent complaints being converted between different categories of sexual offence.
-
Question 59 of 65
The definition of 'confession' in section 2(aa) operates:
ExplanationThe opening words of clause (aa) expressly override contrary judicial authority, which was the point of the 2006 insertion.
-
Question 60 of 65
Under the repealed section 19(3)(a), which sections of the Pakistan Penal Code stood repealed on the promulgation of the Zina Ordinance in 1979?
ExplanationThis is why the 2006 Act had to re-insert sections 375 and 376 into the Penal Code: they had been repealed in 1979 by the Zina Ordinance itself.
-
Question 61 of 65
Under the proviso to section 8(b), where the accused is a non-Muslim:
ExplanationThe proviso relaxes the requirement that the eye-witnesses be Muslim, but not their number.
-
Question 62 of 65
Under section 5(3), where the punishment is whipping, until it is confirmed and executed the convict shall be dealt with:
ExplanationSection 5(3) equates the convict's position to that of a person sentenced to simple imprisonment during the interval.
-
Question 63 of 65
Under section 17, the punishment of stoning to death is executed in what manner?
ExplanationSection 17 gives the deposing witnesses the duty of starting the stoning, and provides that stoning and shooting shall stop once the convict is shot dead.
-
Question 64 of 65
Under section 17, once the convict is shot dead during the execution of stoning:
ExplanationThe closing words of section 17 require both stoning and shooting to stop at that point.
-
Question 65 of 65
The Protection of Women Act, 2006 inserted into the Pakistan Penal Code, after section 496, a new section dealing with:
ExplanationNew section 496A of the Pakistan Penal Code took over the subject-matter of the repealed section 16 of the Zina Ordinance, punishable with imprisonment up to seven years and fine.
0 / 65 answered
You can practise as a guest, but sign in to save your score and track your progress.