(1) Subject to the provisions of Chapter XVI of the Pakistan Penal Code and section 345 of the Code of Criminal Procedure, 1898, all offences failing under the said Chapter may be waived or compounded and the provisions of sections 309 and 3 1 0 of the Pakistan Penal Code shall, mutatis mutandis, apply to the waiver or compounding of offences awarded to officers and members of staff subject to this Act.

(2) Where an offence has been waived or compounded, the Court may, in its discretion having regard to the facts and circumstances of the case acquit or award ta'zir to the offender according to nature of the offence:

Provided that, in a case in which sentence of death or imprisonment for life shall have been passed against an offender convicted for an offence of qatl or jurh, such Sentence shall not be commuted without the consent of the heirs of the victim or, as the case may be, of the victim.

Explanation.- For the purpose of this section, court includes the Court of Appeals under this Act.