CHAPTER V
PROSECUTION AND TRIAL OF OFFENCES
43. Offences to be compoundable and noncognizable.— (1) All offences under this Act,
except the offences under sections 10, 21 and 22 and abetment thereof, shall be noncognizable,
bailable and compoundable:
Provided that offences under section 17 shall be cognizable by the investigation agency on a
written complaint by the Authority.
(2) Offences under sections 10, 21 and 22 and abetment thereof shall be nonbailable, non
compoundable and cognizable by the investigation agency.
44. Cognizance and trial of offences.—(1) The Federal Government, in consultation with the
Chief Justice of respective High Court, shall designate presiding officers of the Courts to try offences
under this Act at such places as deemed necessary.
(2) The Federal Government shall, in consultation with the Chief Justice of respective High
Court, arrange for special training of the presiding officers of the Court to be conducted by an entity
notified by the Federal Government for training on computer sciences, cyber forensics, electronic
transactions and data protection.
(3) Prosecution and trial of an offence under this Act committed by a minor shall be conducted
under the Juvenile Justice System Ordinance, 2000 (XXII of 2000).
(4) To the extent not inconsistent with this Act, the procedure laid down under the Code and the
QanooneShahadat, 1984 (P.O.No.X of 1984), shall be followed.
45. Order for payment of compensation.— (1) The Court may, in addition to award of any
punishment including fine under this Act, make an order for payment of compensation to the victim
for any damage or loss caused and the compensation so awarded shall be, recoverable as arrears of
land revenue:
Provided that the compensation awarded by the Court shall not prejudice any right to a civil
remedy for the recovery of damages beyond the amount of compensation so awarded.
46. Appointment of amicus curiae and seeking expert opinion.—The Court may appoint
amicus curiae or seek independent expert opinion on any matter connected with a case pending
before it.
47. Appeal.— An appeal against the final judgment or order of a Court shall , within thirty days
from the date of provision of its certified copy free of cost, lie—
(a) to the High Court concerned against such judgment or order if passed by a court of
sessions; or
(b) to the court of sessions concerned against such judgment or order if passed by a
magistrate.
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