|
19.
| "Judge".
The word "Judge" denotes not only every person who is officially designated
as a Judge, but also every person--
|
|
who is empowered by law to give, in any legal
proceeding, civil or criminal, a definitive judgment or a judgment which, if not appealed
against, would be definitive, or a judgment which, if confirmed by some other authority,
would be definitive, or
|
|
|
who is one of a body of persons, which body of persons is empowered by law to give
such Judgment.
|
Illustrations 11[] 11
|
(b)
|
A Magistrate exercising jurisdiction in respect of a charge on which he has power to
sentence to fine or imprisonment with or without appeal, is a Judge.
|
| |
12[] 12 13[] 13 |
| |
|
20.
| "Court of Justice".
The words "Court of Justice" denote a Judge who is empowered
by law to act judicially alone, or a body of Judges which is empowered by law to act
judicially as a body, when such Judge or body of Judges is acting judicially.
14[] 14 |
| |
|
21.
| "Public servant".
The words "public servant" denotes a person falling under any of
the descriptions herein after following, namely:-
15[] 15
|
Second:
|
Every Commissioned Officer in the Military, Naval or Air Forces of Pakistan while
serving under the Federal Government or any Provincial Government;
|
|
Third:
|
Every Judge; |
|
Fourth:
|
Every officer of a Court of Justice whose duty it is, as such officer, to investigate or
report on any matter of law or fact, or to make, authenticate, or keep any document, or to
take charge or dispose of any property, or to execute any judicial process, or to administer
any oath, or to interpret, or to preserve order in the Court; and every person specially
authorized by a Court of Justice to perform any of such duties;
|
|
Fifth:
|
Every juryman, assessor, or member of a panchayat assisting a Court of Justice or
public servant;
|
|
Sixth:
|
Every arbitrator or other person to whom any cause or matter has been referred for
decision or report by any Court of Justice, or by any other competent public authority;
|
|
Seventh:
|
Every person who holds any office by virtue of which he is empowered to place
or keep any person in confinement;
|
|
Eighth:
|
Every officer of the Government whose duty it is, as such officer, to prevent
offences, to give information of offences, to bring offenders to justice, or to protect the
public health, safety or convenience;
|
|
Ninth:
|
Every officer whose duty it is, as such officer, to take, receive, keep or expend any
property on behalf of the Government, or to make any survey, assessment or contract
on behalf of the Government, or to execute any revenue process, or to investigate, or to
report, or any matter affecting the pecuniary interests of the Government, or to make,
authenticate or keep any document relating to the pecuniary interests of the Government,
or to prevent the infraction of any law for the protection of the pecuniary interests of the
Government, and every officer in the service or pay of the Government or remunerated by
fees or commission for the performance of any public duty;
|
|
Tenth:
|
Every officer whose duty it is, as such officer, to take, receive, keep or expend any
property, to make any survey or assessment or to levy any rate or tax for any secular
common purpose of any village, town or district, or to make, authenticate or keep any
document for the ascertaining of the rights of the people of any village, town or district;
|
|
Eleventh:
|
Every person who holds any office in virtue of which he is empowered to
prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an
elections.
|
Illustration
A Municipal Commissioner is a public servant.
Explanation 1: Persons falling under any of the above descriptions are public servants,
whether appointed by the Government or not.
Explanation 2: Wherever the words "public servant” occur, they shall be understood of
every person who is in actual possession of the situation of a public servant, whatever
legal defect there may be in his right to hold that situation.
Explanation 3: The word "election" denotes an election for the purpose of selecting
members of any legislative, municipal or other public authority, of whatever character, the
method of selection to which is by, or under, any law prescribed as by election.
|
| |
|
22.
| Movable property.
The words "movable property" are intended to include corporeal
property of every description, except land and thing attached to the earth, or permanently
fastened to anything which is attached to the earth.
|
| |
|
23.
| "Wrongful gain", "Wrongful loss", "Gaining Wrongfully", "Losing Wrongfully".
|
| "Wrongful gain.
| "Wrongful gain" is gain by unlawful means of property to which the
person gaining is not legally entitled.
|
| |
|
| "Wrongful loss".
| Wrongful loss" is the loss by unlawful means of property to which the
person losing it is legally entitled.
|
| |
|
| Gaining wrongfully, Losing wrongfully.
| A person is said to gain wrongfully when such
person retains wrongfully, as well as when such person acquires wrongfully. A person is
said to lose wrongfully when such person is wrongfully kept out of any property, as well as
when such person is wrongfully deprived of property.
|
| |
|
| |
|
24.
| "Dishonestly".
Whoever does anything with the intention of causing wrongful gain to
one person or wrongful loss to another person, is said to do that thing "dishonestly". |
| |
|
25.
| "Fraudulently".
A person is said to do ,a thing fraudulently if he does that thing with
intent to defraud but not otherwise. |
| |
|
26.
| "Reason to believe".
A person is said to have “reason to believe" a thing if he has
sufficient cause to believe that thing but not otherwise. |
| |
|
27.
| Property in possession of wife, clerk or servant.
When property is in the
possession of a person's wife, clerk or servant, on account of that person, it is in that
person's possession within the meaning of this Code.
Explanation: A person employed temporarily on a particular occasion in the capacity of a
clerk, or servant, is a clerk or servant within the meaning of this section.
|
| |
|
28.
| "Counterfeit".
A person is said to "counterfeit" who causes one thing to resemble
another thing, intending by means of that resemblance to practice deception, or knowing
it to be likely that deception will thereby be practiced.
Explanation 1: It is not essential to counterfeiting that the imitation should be exact.
Explanation 2: When a person causes one thing to resemble another thing, and the
resemblance is such that a person might be deceived thereby, it shall be presumed, until
the contrary is proved, that the person so causing the one thing to resemble the other
thing intended" by means of that resemblance to practice deception or knew it to be likely
that deception would thereby be practiced.
|
| |
|
29.
| Document:
The word "document" denotes any matter expressed or described upon
any substance by means of letters, figures or marks, or by more than one of those means,
intended to be used, or which may be used, as evidence of that matter.
Explanation 1 : It is immaterial by what means or upon what substance, the letters, figures
or marks are formed, or whether the evidence is intended for, or may be used in, a Court
of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the
contract, is a document.
A cheque upon a banker is a document.
A Power-of-Attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a
document.
A writing containing directions or instructions is a document.
Explanation 2: Whatever is expressed by means of letters, figures or marks as explained
by mercantile or other usage, shall be deemed to be expressed by such letter, figure
or marks within the meaning of this section, although the same may not be actually
expressed.
Illustrations
A writes his name on the back of a bill of exchange payable to his order. The meaning of
the endorsement, as explained by mercantile usage is that the bill is to be paid to the
holder. The endorsement is a document and must be construed in the same manner as if
>the words "pay to the holder" or words to that effect had been written over the signature.
|
| |
|
30.
| "Valuable security".
The words "valuable security denote a document which is, or
purports to be a document whereby any legal right is created, extended, transferred
restricted, extinguished or released, or whereby, any person acknowledges that he lies
under legal liability, or has not certain legal right.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to
transfer the right to the bill to any person who may become the lawful holder of it, the
endorsement is a "valuable security".
|
| |
|
31.
| "A will".
The words "a will" denote any testamentary document. |
| |
|
32.
| Words referring to acts include illegal omissions.
In every part of this Code,
except where contrary intention appears from the context, words which refer to acts done
extend also to illegal omission.
|
| |
|
33.
| "Act", "Omission".
The word "act" denotes as well a series of acts as a single act;
the word "omission" denotes as well a series of omissions as a single omission. |
| |
|
34.
| Acts done by several persons In furtherance of common intention.
When a
criminal act is done by several persons, in furtherance of the common intention of all, each
such person is liable for that act in the same manner as if it were done by him alone. |
| |
|
35.
| When such an act is criminal by reason of its being done with a criminal
knowledge or intention:
Whenever an act, which is criminal only by reason of its being
with a criminal knowledge or intention, is done by several persons, each of such persons
who joins in the act with such knowledge or intention is liable for the act in the same
manner as if the act were done by him alone with the knowledge or intention. |
| |
|
36.
| Effects caused partly by act and partly by omission:
Whoever the causing of a
certain effect, or an attempt to cause that effect, by an act or by an omission, is an
offence, it is to be understood that the causing of that effect partly by an act and pertly by
an omission is the same offence.
Illustration
A intentionally causes Z's death, partly by illegally omitting to give Z food and partly by
beating Z. A has committed murder.
|
| |
|
37.
| Co-operation by doing one of several acts constituting an offence:
When an
offence is committed by means of several acts, whoever intentionally co-operates in the
commission of that offence by doing any one of those acts, either singly or jointly with any
other person, commits that offence.
Illustrations
|
(a)
|
A and B agree to murder Z by severally and at different times giving him small
dose of poison. A and B administer the poison according to the agreement with intent to
murder Z. Z dies from the effects of the several doses of poison so administered to him.
Here A and B intentionally co-operate in the commission of murder and as each of them
dose an act by which the death is caused, they are both guilty of the offence though their
acts are separate.
|
| |
|
(b)
|
A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately
for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in
causing that effect by illegally omitting, each during the time of his attendance, to furnish Z
with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of
the murder of Z.
|
| |
|
(c)
|
A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death, illegally
omits to supply Z with food; in consequence of which Z is much reduced in strength, but
the starvation is not sufficient to cause his death. A is dismissed from his office, and B
succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with
food, knowing that he is likely thereby to cause Z's death, Z dies of hunger. B is
guilty of murder, but as A did not co-operate with B, A is guilty only of an attempt to
commit murder.
|
| |
|
| |
|
38.
| Persons concerned in criminal act may be guilty of different offences:
Where
several persons are engaged or concerned in the commission of a criminal act, they may
be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be
only culpable homicide not amounting to murder. B having ill-will towards Z and intending
to kill him, and not having been subject to the provocation, assist A in killing Z. Here,
though A and B are both engaged in causing Z's death, B is guilty of murder, and A is
guilty only of culpable homicide.
|
| |
|
39.
| "Voluntarily":
A person is said to cause an effect "voluntarily" when he causes it by
means whereby he intended to cause it, or by means which, at the time of employing
those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating
robbery and thus causes the death of a person. Here, A may not have intended to cause
death, and may even be sorry that death has been caused by his act; yet, if he knew that
he was likely to cause death; he has caused death voluntarily.
|
| |
|
40.
| "Offence":
Except in the chapters and sections mentioned in clauses 2 and 3 of this
section, the word "offence" denotes a thing made punishable by this Code. In Chapter IV,
Chapter V-A and in the following sections, namely, Sections 64, 65, 66, 67, 71, 109, 110,
112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327,
328.329,330.331,347,348, 388, 389 and 445, the word "offence" denotes a thing
punishable under this Code, or under, any/special or local law as hereinafter defined.
And in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word "offence" has
the same meaning when the thing punishable under the special or local law is punishable
under such law with imprisonment for a term of six months or upwards, whether with or
without fine. |
| |
|
41.
| "Special law":
A "special law" is a law applicable to a particular subject. |
| |
|
42.
| "Local Law":
A "local law" is a law applicable only to a particular part of the territories
comprised in Pakistan. |
| |
|
43.
| "Illegal", "Legally bound to do":
The word "illegal" is applicable to everything which is
an offence or which is prohibited by law, or which furnishes ground for a civil action, and a
person is said to be "legally bound to do" whatever it is illegal in him to omit.
|
| |
|
44.
| "Injury":
The "injury" denotes any harm whatever illegally caused to any person, in
body, mind, reputation or property. |
| |
|
45.
| "Life":
The word "life" denotes the life of a human being, unless the contrary appears
from the context. |
| |
|
46.
| "Death":
The word "death" denotes the death of a human being unless the contrary
appears from the context. |
| |
|
47.
| "Animal":
The word "animal" denotes any living creature other than a human being. |
| |
|
48.
| "Vessel":
The word "vessel" denotes anything made for the conveyance by water of
human beings or of property. |
| |
|
49.
| "Year", "Month":
Wherever the word "year" or the word "month" is used, it is to be
understood that the year or the month is to be reckoned according to the British calendar. |
| |
|
50.
| "Section":
The word "section" denotes one of those portions of a chapter of this Code
which are distinguished by prefixed numeral figures. |
| |
|
51.
| "Oath":
The word "oath" includes a solemn affirmation substituted by law for an oath,
and any declaration required or authorized by law to be made before a public servant or,
to be used for the purpose of proof, whether in a Court of Justice or not. |
| |
|
52.
| "Good faith":
Nothing is said to be done or believed in "good faith" which is done or
believed without due care and attention. |
| |
|
76.
| Act done by a person bound, or by mistake of fact believing himself bound, by
law:
Nothing is an offence which Is done by a person who is, or who by reason of a
mistake of fact and not reason of a mistake of law in good faith believes himself to be,
bound by law to do it.
Illustrations
|
(a)
|
A, a soldier, fires on a mob by the order of his superior officer, in conformity, with the
commands of the law. A has committed no offence.
|
| |
|
(b)
|
A an officer of a Court of Justice, being ordered by that Court to arrest Y and after due
enquiry, believing Z to be Y arrests Z. A has committed no offence.
|
| |
|
| |
|
77.
| Act of Judge when acting judicially:
Nothing is an offence which is done by a Judge
when acting judicially in the exercise of any power which is, or which in good faith he
believes to be, given to him by law. |
| |
|
78.
| Act done pursuant to the judgment or order of Court:
Nothing which is done in
pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if
done whilst such judgment or order remains in force, is an offence, notwithstanding the
Court may have had no jurisdiction to pass such judgment or order, provided the person
doing the act in good faith believes that the Court had such jurisdiction. |
| |
|
79.
| Act done by a person justified, or by mistake of fact believing himself justified,
by law:
Nothing is an offence which is done by any person who is justified by law, or who
by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes
himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his
judgment, exerted in good faith of the power which the law gives to all persons of
apprehending murders in the act, seizes Z, in order to bring Z before the proper
authorities. A has committed no offence, though it may turn out that Z was acting in selfdefence.
|
| |
|
80.
| Accident in doing a lawful act:
Nothing is an offence which is done by accident or
misfortune, and without any criminal intention or knowledge in the doing of a lawful act
in a lawful manner by lawful means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if
there was no want of proper caution on the part of A, his act is excusable and not an
offence. |
| |
|
81.
| Act likely to cause harm, but done without criminal intent, and to prevent other
harm:
Nothing is an offence merely by reason of its being done with the knowledge
that it is likely to cause harm, if it be done without any criminal intention to cause harm,
and in good faith for the purpose of preventing or avoiding other harm to person or
property.
Explanation: It is a question of fact in such a case whether the harm to be prevented or
avoided was of such a nature and so imminent as to justify or excuse the risk of doing
the act with the knowledge that it was likely to cause harm.
Illustrations
|
(a)
|
A, the captain of a steam vessel, suddenly and without any fault or negligence on his
part, finds himself in such a position that, before he can stop his vessel, he must inevitably
run down a boat B, with twenty or thirty passengers on board; unless he changes the
course of his vessel, and that, by changing his course, he must incur risk of running down
a boat C with only two passengers on board, which he may possibly clear Here, if A alters
his course without any intention to run down the boat C and in good faith for the purpose
of avoiding the danger to the passengers in the boat B, he is not guilty of an offence,
though he may run down the boat C by doing an act which he knew was likely to cause
that effect, if it be found as a matter of fact that the danger which he intended to avoid was
such as to excuse him incurring the risk of running down C.
|
| |
|
(b)
|
A, in a great fire, pulls down houses in order to prevent the conflagration from
spreading. He does this with the intention in good faith of saving human life or property.
Here, if it be found that the harm to be prevented was of such a nature and so imminent
as to excuse A's act, A is not guilty of the offence.
|
| |
|
| |
|
82.
| Act of a child under 27[ten] 27 years of age:
Nothing is an offence, which is done by a
child under 28[ten] 28 years of age. |
| |
|
83.
| Act of a child above 29[ten] 29 and under 30[fourteen] 30 of immature understanding:
Nothing
is an offence which is done by a child above 31[ten] 31years of age and under 32[fourteen] 32,
who has not attained sufficient maturity of understanding to judge of the nature and
consequences of his conduct on that occasion. |
| |
|
84.
| Act of a person of unsound mind:
Nothing is an offence which is done by a person
who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing
the nature of the act, or that he is doing what is either wrong or contrary to law. |
| |
|
85.
| Act of a person incapable of Judgment by reason of intoxication caused against
his will:
Nothing is an offence which is done by a person who, at the time of doing it,
is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing
what is either wrong, or contrary to law; provided that the thing which intoxicated him was
administered to him without his knowledge or against his will. |
| |
|
86.
| Offence requiring a particular intent or knowledge committed by one who is
intoxicated:
In cases where an act done is not an offence unless done with a particular
knowledge or intent, a person who dose the act in a state of intoxication shall be liable to
be dealt with as if he had the same knowledge as he would have had if he had not been
intoxicated, unless the thing which intoxicated him was administered to him without his
knowledge or against his will. |
| |
|
87.
| Act not Intended and not known to be likely to cause death or grievous hurt,
done by consent:
Nothing which is not intended to cause death, or grievous hurt, and
which is not known by doer to be likely to cause death, or grievous hurt, is an offence by
reason of any harm which it may cause, or be intended by the doer to cause, to any
person, above eighteen years of age, who has given consent, whether express or implied,
to suffer that harm; or by reason of any harm which it may be known by the doer to be
likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the
consent of each to suffer any harm which in the course of such fencing, may be caused
without foul play; and if A, while playing fairly, hurts Z, A commits no offence. |
| |
|
88.
| Act not intended to cause death, done by consent in good faith for person's
benefit:
Nothing, which is not intended to cause death, is an offence by reason of any
harm which it may cause, or be intended by the doer to cause, or be known by the doer to
be likely to cause, to any person for whose benefit it is done in good faith, and who has
given a consent, whether express or implied, to suffer that harm, or to take the risk of that
harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause of death of Z, who
suffers under the painful complaint, but not intending to cause Z's death, and intending, in
good faith for Z's benefit, performs that operation on Z with Z's consent. A has-committed
no offence.
|
| |
|
89.
| Act done In good faith for benefit of child or insane person, by or by consent of
guardian:
Nothing which is done in good faith for the benefit of a person under twelve
years of age, or of unsound mind, by or by consent, either express or implied, of the
guardian or other person having lawful charge of that person, is an offence by reason of
any harm which it may cause, or be intended by the doer to cause or be known by the
doer to be likely to cause to that person:
Provided
|
First:
|
That this exception shall not extend to the intentional causing of death, or
to the attempting to cause death;
|
|
Secondly:
|
That this exception shall not extend to the doing of anything which the person
doing it knows to be likely to cause death, for any purpose other than the preventing of
death or grievous hurt; or the curing of any grievous disease or infirmity;
|
|
Thirdly:
|
That this exception shall not extend to the voluntary causing of grievous hurt, or to
the attempting to cause grievous hurt, unless it be for the purpose of preventing death or
grievous hurt, or the curing of any grievous disease or infirmity;
|
|
Fourthly:
|
That this exception shall not extend to the abetment of any offence, to the
committing of which offence it would not extend.
|
Illustration
A, in good faith, for his child's benefit without his child's consent, has his child cut for the
stone by "a surgeon, knowing it to be likely that the operation will cause the child's death,
but not intending to cause the child's death. A is within the exception, inasmuch as his
object was the cure of the child. |
| |
|
90.
| Consent known to be given under fear or misconception:
A consent is not such a
consent as is intended by any action of this Code, if the consent is given by a person
under fear of injury, or under a misconception of fact, and if the person doing the act
knows, or has reason to believe, that the consent was given in consequence of such
fear or misconception; or
|
|
Consent of insane person: If the consent is given by a person who, from unsoundness
of mind, or intoxication, is unable to understand the nature and consequence of that to
which he gives his consent; or
|
|
|
Consent of child: Unless the contrary appears from the context, if the consent is given by
a person who is under twelve years of age.
|
|
| |
|
91.
| Exclusion of acts which are offences independently of harm caused:
The
exceptions in Sections 87, 88 and 89 do not extend to acts which are offences
independently of any harm which they may cause, or be intended to cause, or be known
to be likely to cause, to the person giving the consent or on whose behalf the consent is
given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the
woman) to an offence independently of any harm which it may cause or be intended, to
cause to the woman. Therefore it is not an offence by reason of such harm; and the
consent of the woman or of her guardian to the causing of such miscarriage dose not
justify the act.
|
| |
|
92.
| Act done in good faith for benefit of a person without consent:
Nothing an offence
by reason of any harm which it may cause to a person by whose benefit it is done in good
faith even without that person's consent, if the Circumstances are such that is impossible
for that person to signify consent, or if that person is incapable of giving consent, and has
no guardian or other person in lawful charge of him from whom it is possible to obtain
consent in time for the thing to be done with benefit:
Provided
|
First:
|
That this exception shall not extend to the intentional causing of death, or
the attempting to cause death;
|
|
Secondly:
|
That this exception shall not extend to the doing of anything which the person
doing it knows to be likely to cause death, for any purpose other than the preventing of
death or grievous, hurt, or the curing of any grievous disease or infirmity;
|
|
Thirdly:
|
That this exception shall not extend to the voluntary causing of hurt, or to the
attempting to cause hurt for any purpose other than the preventing of death or hurt;
|
|
Fourthly:
|
That this exception shall not extend to the abetment of any offence, to the
committing of which offence it would not extend.
|
Illustrations
|
(a)
|
Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be
trepanned. A not Intending Z's death but in good faith for Z's benefit, performs the trepan
before Z recovers his power of judging for himself. A has committed no offence.
|
| |
|
(b)
|
Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill
Z, but not intending to kill Z, and in good faith intending Z's benefit A's ball gives Z a
mortal wound. A has committed no offence.
|
| |
|
(c)
|
A, a surgeon, sees child suffer an accident which is likely to prove fatal unless an
operation be immediately performed. There is no time to apply to the child's guardian. A
performs the operation in spite of the entreaties of the child, intending, in good faith, the
child's benefit. A has committed no offence.
|
| |
|
(d)
|
A is in a house which is on fire with Z, a child. People below hold out a blanket. A
drops the child from the house-top, knowing it to be likely that the fall may kill the child, but
not intending to kill the child and intending, in good faith, the child's benefit. Here even, if
the child is killed by the fall, A has committed no offence.
|
| |
Explanation: Mere pecuniary benefit is not benefit within the meaning of Sections 88,89
and 92.
|
| |
|
93.
| Communication made in good faith:
No communication made in good faith is an
offence by reason of any harm to the person to whom it is made for the benefit of that
person.
Illustration
A, a surgeon, in good-faith, communicates to a patient his opinion that he cannot live. The
patient dies in consequence of the shock. A has committed no offence, though he knew it
to be likely that the communication might cause the patient's death. |
| |
|
94.
| Act to which a person is compelled by threats:
Except murder, and offences
against the State punishable with death, nothing is an offence which is done by a person
who is compelled to do it by threats, which, at the time of doing it, reasonably cause the
apprehension that instant death to that person will otherwise be the consequence:
Provided the person doing the act did not of his own accord, or from a reasonable
apprehension of harm to himself short of instant death, place himself in the situation by
which he became subject to such constraint.
Explanation 1: A person who, of his own accord, or by reason of a threat of being beaten,
joins a gang of dacoits, knowing their character, is not entitled to the benefit of this
exception on the ground" of his having been compelled by his associates to do anything
that is an offence by law.
Explanation 2: A person seized by a gang of dacoits, and forced by threat of instant death,
to do a thing, which is an offence by law; for example, a smith compelled to take his
tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to
the benefit of this exception.
|
| |
|
95.
| Act causing slight harm:
Nothing is an offence by reason that it causes, or that it is
intended to cause, or that it is known to be likely to cause, any harm, if that harm is so
slight that no person of ordinary sense and temper would complain of such harm. |
| |
|
109.
| Punishment of abetment if the Act abetted committed In consequence and
where no express provision is made for its punishment:
Whoever abets any offence
shall, if the act abetted is committed in consequence of the abetment, and no express
provision is made by this Code, for the punishment of such abetment, be punished with
the punishment provided for the offence:
34[
Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in
Chapter XVI shall be liable to punishment of ta'zir specified for such offence including
death.
] 34
Explanation: An act or offence is said-to be committed in consequence of abetment, when
it is committed in consequence of the instigation, or in pursuance of the conspiracy, or
with the aid which constitutes the abetment.
Illustrations
|
(a)
|
A offers a bribe to B, a public servant, as a reward for showing A some favour in the
exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in
Section 161.
|
| |
|
(b)
|
A instigates B to give false evidence. B, in consequence of the instigation commits that
offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
|
| |
|
(c)
|
A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison
and delivers it to B in order that he may administer it to Z. B, in pursuance of the
conspiracy, administers the poison to Z in A's absence and thereby causes Z's death.
Here B is guilty of murder. A is guilty, of abetting that offence by conspiracy, and is liable
to the punishment for murder.
|
| |
|
| |
|
110.
| Punishment of abetment if person abetted does act with different intention
from that of abettor:
Whoever abets the commission of an offence shall, if the person
abetted does the act with a different intention or knowledge from that of the abettor, be
punished with the punishment provided for the offence which would have been committed
if the act had been done with intention or knowledge of the abettor and with no other.
|
| |
|
111.
| Liability of abettor when one act abetted and different act done:
When an act is
abetted and a different act is done, the abettor is liable for the act done, in the same
manner and to the same extent as if he had directly, abetted it:
Provided the act done was a probable consequence of the abetment; and was
committed under the influence of the instigation, or with the aid or in pursuance of the
conspiracy which constituted the abetment.
Illustrations
|
(a)
|
A instigates a child to put poison into the food of Z, and gives him poison for that
purpose. The child, in consequence of the instigation, by mistake puts the poison into the
food of Y, which is by the side of that of Z. Here if the child was acting under the influence
of A's instigation, and the act done was under the circumstances a probable consequence
of the abetment, A is liable in the same manner and to the same extent as if he had
instigated the child to put the poison into the food of.
|
| |
|
(b)
|
A instigates B to burn Z's house. B sets fire to the house and at the same time commits
theft of property there. A, though guilty of abetting the burning of the house, is not guilty of
abetting the theft; for the theft was a distinct act, and not a probable consequence of the
burning.
|
| |
|
(c)
|
A instigates B and C to break into an inhabited house at midnight for the purpose of
robbery and provides them with arms for that purpose, B and C break into the house, and
being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable
consequence of the abetment. A is liable to the punishment provided for murder.
|
| |
|
| |
|
112.
| Abettor when liable to cumulative punishment for act abetted and for act done:
If the act for which the abetter is liable under the last preceding section is committed in
addition to the act abetted, and constitutes a distinct offence, the abettor is liable to
punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant, B in consequence,
resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the
officer executing the distress. As B has committed both the offence of resisting the
distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for
both these offences; and: if A knew that B was likely voluntarily to cause grievous hurt
in resisting the distress A will also be liable to punishment for each of the offences. |
| |
|
113.
| Liability of abettor for an effect caused by the act abetted different from that
intended by the abettor:
When an act is abetted with the intention on the part
of the abettor of causing a particular effect and an act for which the abettor is liable in
consequence of the abetment, causes a different effect from that intended by the abettor,
the abettor is liable for the effect caused, in the same manner and to the same extent as if
he had abetted the act with the intention of causing that effect, provided he knew that the
act abetted was likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z B, In consequence of the instigation, causes
grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted
was likely to cause death, A is liable to be punished with the punishment provided for
murder. |
| |
|
114.
| Abettor present when offence is committed:
Whenever any person, who if absent
would be liable to be punished as an abettor, is present when the act or offence for which
he would be punishable in consequence of the abetment is committed, he shall be
deemed to have committed such act or offence. |
| |
|
115.
| Abetment of offence punishable with death or imprisonment for life if offence
not committed:
Whoever abets the commission of an offence punishable with death or
imprisonment for life, shall, if that offence be not committed in consequence of the
abetment, and no express provision is made by this Code for the punishment of such
abetment be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
|
| If act causing harm be done in consequence:
| And if any act for which the abettor is
liable in consequence of the abetment, and which cause hurt to any person, is done, the
abettor shall be liable to imprisonment of either description for a term which may extend to
fourteen years, and shall also be liable to fine.
|
| |
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would
have been subject to the punishment of death or transportation for fife. Therefore A is
labile to imprisonment for a term which may extend to seven years and also to a fine; and
if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment
for a term which may extend to fourteen years, and to fine. |
| |
|
116.
| Abetment of offence punishable with imprisonment-if offence be not
committed:
Whoever abets an offence punishable with imprisonment shall, if that offence
be not committed in consequence of the abetment, and no express provision is made by
this Code for the punishment of such abetment, be punished with imprisonment of any
description provided for that offence for a term which may extend to one-fourth part of the.
longest term provided for that offence; or with such fine as is provided for that offence; or
with both.
|
| If abettor or person abetted be a public servant whose duty it is to prevent offence:
|
And if the abettor or the person abetted is a public servant, whose duty it is, to prevent
the commission of such offence, the abettor shall be punished with imprisonment of any
description provided for that offence, for a term which may extend to one-half of the
longest term provided for that offence, or with such fine as is provided for the offence, or
with both.
|
| |
Illustrations
|
(a)
|
A offers a bribe to B, a public servant, as a reward for showing A some favour in the
exercise of B's official functions. B refuses to accept the bribe. A is punishable under this
section.
|
| |
|
(b)
|
A instigates B to give false evidence. Here, if B does hot give false evidence A has
nevertheless committed the offence defined in this section, and is punishable accordingly.
|
| |
|
(c)
|
A, police officer, whose duty it is. To prevent robbery, abets the commission of robbery.
Here, though the robbery be not committed, A is liable to one-half of the longest term of
imprisonment proved for that offence, and also to fine.
|
| |
|
(d)
|
B abets the commission of a robbery by H, a police officer, whose duty it is to prevent
that offence. Here though the robbery be not committed, B is liable to one-half of the
longest term of imprisonment provided for the offence of robbery, and also to fine.
|
| |
|
| |
|
117.
| Abetting commission of offence by the public or by more than ten persons:
Whoever abets the commission of an offence by the public generally or by any number or
class of persons exceeding ten, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten
members to meet at a certain time and place, for the purpose of attacking the members of
an adverse sect, while engaged in a procession. A has committed the offence defined in
this section. |
| |
|
118.
| Concealing design to commit offence punishable with death or
imprisonment for life if offence be committed:
Whoever intending to facilitate or
knowing it to be likely that he will thereby facilitate the commission of an offence
punishable with death or imprisonment of life, voluntarily conceals by any act or illegal
omission, the existence of design to commit such offence or makes any representation
which he knows to be false respecting such design,
if offence be not committed, shall, if that offence be committed, be punished with
imprisonment of either description for a term which may extend to seven years, or, if
the offence be not committed, with imprisonment of either description for a term which
may extend to three years; and in either case shall also be liable to fine.
Illustration
A, knowing that dacoity is about to be committed at B, falsely inform the Magistrate that a
dacoity is about to be committed at C, a place in an opposite direction, and thereby
misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity
is committed at B in pursuance of the design. A is punishable under this section. |
| |
|
119.
| Public servant concealing design to commit offence which it is his duty to
prevent:
Whoever, being a public servant intending to facilitate or knowing it to be likely
that he will thereby facilitate the commission of an offence which it is his duty as such
public servant to prevent, voluntarily conceals, by any act or illegal omission, the
existence of a design to commit such offence, or makes any representation which he
knows to be false respecting such design,
|
| if offence be committed:
| shall, if the offence be
committed, be punished with imprisonment of any description provided for the offence, for
a term which may extend to one half of the longest term of such imprisonment, or with
such fine as is provided for that offence, or with both;
|
|
| if offence be punishable with death, etc:
| or if the offence be punishable with death or
imprisonment for life with imprisonment of either description for a term which may
extend to ten years;
|
|
| if offence be not committed:
| or, if the offence be not committed, shall be punished with
imprisonment of any description provided for the offence for a term which may extend to
one-fourth part of the longest term of such imprisonment or with such fine as is provided
for the offence, or with both.
|
Illustration
A, an officer of police, being legally bound to give information of all design as to commit
robbery, which may come to his knowledge, and knowing that B designs to commit
robbery, omits to give such information, with intent to facilitate the commission of that of
that offence. Here A has by an illegal omission concealed the existence of B's design, and
is liable to punishment according to the provisions of this section. |
| |
|
120.
| Concealing design to commit offence punishable with imprisonment:
Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate
the commission of an offence punishable with imprisonment, voluntarily conceals, by any
act or illegal omission, the existence of a design to commit such offence, or makes any
representation which he knows to be false respecting such design,
|
| if offence be committed; if offence be not committed:
| shall, if the offence be
committed, be punished with imprisonment of the description provided for the offence,
for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth,
of the longest term of such imprisonment, or with such fine as is provided for the
offence, or with both.
|
|
| |
|
172.
| Absconding to avoid service of summons or other proceeding:
Whoever
absconds in order to avoid being served with a summons, notice or order proceeding from
any public servant legally competent, as such public servant, to issue such -summons,
notice or order, shall be punished with simple imprisonment for a term which may extend
to one month, or with fine which may extend to 59[one thousand five hundred rupees] 59, or with both;
or, if the summons or notice or order is to attend in person or by agent, or to produce a
document in a Court of Justice, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to 60[three thousand rupees] 60, or with both. |
| |
|
173.
| Preventing service of summons or other proceeding, or preventing publication
thereof:
Whoever in any manner intentionally prevents the serving on himself, or on other
person, of any summons, notice or order proceeding from any public servant legally
competent as such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or
order,
or intentionally removes any such summons, notice or order, from any place to which it is
lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under the authority of any
public servant legally competent, as such public servant, to direct such proclamation to be
made,
shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to 61[one thousand five hundred rupees] 61, or with both;
or if the summons, notice, order or proclamation is to attend in person or by agent, or to
produce a document in a Court of Justice, with simple imprisonment for a term which may
extend to six months, or with fine which may extend to 62[three thousand rupees] 62, or with both. |
| |
|
174.
| Non-attendance in obedience to an order from public servant:
Whoever, being
legally bound to attend in person or by an agent at a certain place and time in obedience
to a summons, notice, order or proclamation proceeding from any public servant legally
competent, as such public servant to issue the same,
intentionally omits to attend at that place or time, departs from the place where he
is bound to attend before the time at which it is lawful for him to depart,
shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to 63[one thousand five hundred rupees] 63, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a
Court of Justice, with simple imprisonment for a term which may extend to six months, or
with fine which may extend to 64[three thousand rupees] 64, or with both;
or, if the proclamation be under Section 87 of the Code of Criminal Procedure, 1898, with
imprisonment which may extend to three years, or with fine, or with both.
Illustrations
|
(a)
|
A, being legally bound to appear before the High Court of 65[Sind] 65 in obedience to a
subpoena issuing from that Court, intentionally omits to appear. A has committed the
offence defined in this section.
|
| |
|
(b)
|
A, being legally bound to appear before a Zila Judge as a witness in obedience to a
summons issued by that Zila Judge, intentionally omits to appear. A has committed the
offence defined in this section.
|
| |
|
| |
|
175.
| Omission to produce document to public servant by person legally bound to
produce it:
Whoever being legally bound to produce or deliver up any document to any
public servant, as such, intentionally omits so to produce or deliver up the same, shall be
punished with simple imprisonment for a term which may extend to one month, or with fine
which may extend to 66[one thousand five hundred rupees] 66, or with both;
or, if the document is to be produced or delivered up to Court of Justice, with simple
imprisonment for a term which may extend to six months, or with fine which may extend to
67[three thousand rupees] 67, or with both.
Illustration
A, being legally bound to produce a document before a Zila Court, intentionally omits to
produce the same. A has committed the offence defined in this section. |
| |
|
176.
| Omission to give notice or information to public servant by person legally
bound to give it:
Whoever, being legally bound to give any notice or to furnish
information on any subject to any public servant, as such, intentionally omits to give such
notice or to furnish such information in the manner and at the time required by law, shall
be punished with simple imprisonment for a term which may extend to one month, or with
fine which may extend to 68[one thousand five hundred rupees] 68, or with both;
or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose
of preventing the commission of an offence, or in order to
the apprehension of an offender, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees or with both;
or, if the notice or information required to be given is required by an order passed under
sub-section (1) of Section 565 of the Code of Criminal Procedure, 1898 (V of 1898) with
imprisonment, of either description for a term which may extend to six months, or with fine
which may extend to 69[three thousand rupees] 69, or with both. |
| |
|
177.
| Furnishing false information:
Whoever, being legally bound to furnish information
on any subject to any public servant, as such, furnishes, as true, information on the
subject which he knows or has reason to believe to be false, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to
70[three thousand rupees] 70, or with both;
or, if the information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an offence, or in
order to the apprehension of an offender, with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Illustrations
|
(a)
|
A, a landholder, knowing of the commission of a murder within the limits of his estate,
wilfully misinforms the Magistrate of the district that the death has occurred by accident in
consequence of the bite of a snake. A is guilty of the offence defined in this section.
|
| |
|
(b)
|
A, a village watchman, knowing that a considerable body of strangers has passed
through his village in order to commit a dacoity in the house of Z a wealthy merchant
residing in a neighbouring place, and being bound, under Clause 5, Section VII,
Regulation III, 1821, of the Bengal Code to give early and punctual information of the
above fact to the officer, of the nearest police station, wilfully misinforms the police-officer
that a body of suspicious characters passed through the village with a view to commit
dacoity in a certain distinct place in a different direction. Here A is guilty of the offence
defined in the latter part of this section.
|
| |
Explanation: In Section 176 and in this section the word "offence" includes any act
committed at any place out of Pakistan, which, if committed in Pakistan, would be
punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394,
395; 396, 397, 398, 399, 402, 435, 436, 449, 450. 457, 458, 459 and 460; and the word
"offender" includes any person who is alleged to have been guilty of any such act.
|
| |
|
178.
| Refusing oath or affirmation when duly required by public servant to make it:
Whoever refuses to bind himself by an oath or affirmation to state the truth, when required
so to bind himself by a public servant legally competent to require that he shall so bind
himself, shall be punished with simple imprisonment far a term which may extend to six
months, or with fine which may extend to 71[three thousand rupees] 71, or with both. |
| |
|
179.
| Refusing to answer public servant authorised to question:
Whoever, being
legally bound to state the truth on any subject to any public servant, refuses to answer any
question demanded of him touching that subject by such public servant in the exercise of
the legal, powers of such public servant shall be punished with simple imprisonment for a
term which may extend to six months, or with fine which may extend to 72[three thousand rupees] 72 rupees, or with both. |
| |
|
180.
| Refusing to sign statement:
Whoever refuses to sign any statement made by him,
when required to sign that statement by a public servant legally competent to require that
he shall sign that statement, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to 73[one thousand] 73, or with
both. |
| |
|
181.
| False statement on oath or affirmation to public servant or person authorised
to administer an oath or affirmation:
Whoever, being legally bound by an oath or
affirmation to state the truth on any subject to any public servant or other person
authorized by law to administer such oath or affirmation, makes, to such public servant or
other person as aforesaid, touching that subject any statement which is false, and which
he either knows or believes to be false or does not believe to be true, shall be punished
with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine. |
| |
|
182.
| False information with intent to cause public servant to use his lawful power to
the injury of another person:
Whoever gives to any public servant any information
which he knows or believes to be false, intending thereby to cause, or knowing it to be
likely that he will thereby cause, such public servant :-
|
(a)
|
to do or omit anything which such public servant ought not to do or omit if the true
state of facts respecting which such information is given were known by him, or
|
|
(b)
|
to use the lawful power of such public servant to the injury or annoyance of any
person,
|
shall be punished with imprisonment of either description for a term which may
|
74[(a)
|
seven years in case the offence in which false infornration is given is punishable with death; |
|
(b)
|
five years in case the offence in which false information is given is punishable with imprisonment for lifel; or |
|
(c)
|
one-fourth of the longest term of imprisonment or with fine as is provided for the offence in which false information is given
and such offence is not covered under clause (a) or clause (b).
] 74 |
Illustrations
|
(a)
|
A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has
been guilty of neglect of duty or misconduct, knowing such information to be false, and
knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has
committed the offence defined in this section.
|
| |
|
(b)
|
A falsely informs a public servant that Z has contraband salt in a secret place, knowing
such information to be false, and knowing that it is likely that the consequence of the
information will be a search of premises, attended with annoyance to Z. A has committed
the offence defined in this section.
|
| |
|
(c)
|
A falsely informs a policeman that he has been assaulted and robbed in the
neighbourhood of a particular village. He does not mention the name of any person as one
of his assailants, but knows it to be likely that in consequence of their information the
police will make enquiries and institute searches in the village to the annoyance of the
villagers or some of them. A has committed an offence under this section.
|
| |
|
| |
|
183.
| Resistance to the taking of property by the lawful authority of a public servant:
Whoever offers any resistance to the taking of any property by the lawful authority of any
public servant, knowing or having reason to believe that he is such public servant, shall be
punished with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to 76[three thousand rupees] 76, or with both. |
| |
|
184.
| Obstructing sale of property offered for sale by authority of public servant:
Whoever intentionally obstructs any sale of property offered for sale by the lawful authority
of any public servant, as such, shall be punished with imprisonment of either description
for a term which may extend to one month, or with fine which may extend to 77[one thousand five hundred rupees] 77
rupees, or with both. |
| |
|
185.
| Illegal purchase or bid for property offered for sale by authority of public
servant:
Whoever, at any sale of property held by the lawful authority of a public servant,
as such, purchases or bids for any property on account of any person, whether himself or
"any other, whom he knows to be under a legal incapacity to purchase that property at that
sale, or bids for such property not intending to perform the obligations under which he lays
himself by such bidding, shall be punished with imprisonment of either description for a
term which may extend to one month, or with fine which may extend to 78[six hundred rupees] 78
rupees, or with both. |
| |
|
186.
| Obstructing public servant in discharge of public functions:
|
79[(1)] 79
|
Whoever voluntarily
obstructs any public servant in the discharge of his public functions, shall be punished with
imprisonment of either description for a term which may extend to 80[one year] 80, or with
fine which may extend to 81[ 82[fifty thousand] 82 rupees] 81, or with both.
|
| |
|
83[(2)
|
Whoever intentionally hampers, misleads, jeopardizes
or defeats an investigation, inquiry or prosecution or issues a
false or defective report in a case under any law for the time
being in force shall be punished with imprisonment for a term
which may extend to three years or with line or with
both.] 83 |
| |
|
| |
|
187.
| Omission to assist public servant when bound by law to give assistance:
Whoever, being bound by law to render or furnish assistance to any public servant in the
execution of his public duty, intentionally omits to give such assistance, shall be punished
with simple imprisonment for a term which may extend to one month, or with fine which
may extend to 84[six hundred rupees] 84, or with both;
and if such assistance, be demanded of him by public servant legally competent to
make such demand for the purposes of executing any process lawfully issued by a Court
of Justice, or of preventing the commission of an offence, or of suppressing a riot, or
affray, or of apprehending a person charged with or guilty of an offence, or of having
escaped from lawful custody, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to 85[one thousand five hundred rupees] 85, or with
both. |
| |
|
188.
| Disobedience to order duly promulgated by public servant:
Whoever, knowing
that, by an order promulgated by a public servant lawfully empowered to promulgate such
order, he is directed to abstain from a certain act, or to take certain order with certain
property in his possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance or
injury or risk of obstruction, annoyance or injury, to any persons lawfully employed, be
punished with simple imprisonment for a term which may extend to one month or with fine
which may extend to 86[six hundred rupees] 86, or with both;
and if such disobedience causes or tends to cause danger to human' life, health or
safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine which may
extend to 87[three thousand rupees] 87, or with both.
Explanation: It is not necessary that the offender should intend to produce harm, or
contemplate his disobedience as likely to produce harm. It is sufficient that he knows of
the order which he disobeys, and that his disobedience produces, or is likely to produce
harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgate such
order, directing that a religious procession shall not pass down a certain street. A,
knowingly disobeys the order, and thereby causes danger of riot. A has committed the
offence defined in the section. |
| |
|
189.
| Threat of injury to public servant:
Whoever holds out any threat of injury to any
public servant, or to any person in whom he believes that public servant to be interested,
for the purpose of inducing that public servant to do any act or to forbear or delay to do
any act, connected with the exercise of the public functions of such public servant shall be
punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both. |
| |
|
190.
| Threat of injury to induce person to refrain from applying for protection to
public servant:
Whoever holds out any threat of injury to any person for the purpose of
inducing that person to refrain or desist from making a legal application for protection
against any injury to any public servant legally empowered as such to give such
protection, or to cause such protection to be given, shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine, or with both. |
| |
|
191.
| Giving false evidence:
Whoever being legally bound by an oath or by an express
provision of law to state the truth, or being bound by law to make a declaration upon any
subject, makes any statement which is false, and which he either knows or believes to be
false or does not believe to be true, is said to give false evidence.
Explanation 1: A statement is within the meaning of this section, whether it is made
verbally or otherwise.
Explanation 2: A false statement as to the belief of the person attesting is within the
meaning of this section, and a person may be guilty of giving false evidence by stating that
he believes a thing which he does not believe, as well as by stating that he knows a thing
which he does not know.
Illustrations
|
(a)
|
A, in support of a just claim which B has against Z for one thousand rupees, falsely
swear on a trial that he heard Z admit the justice of B's claim- A has given false evidence.
|
| |
|
(b)
|
A, being bound by an oath to state the truth, states that he believes a certain signature
to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A
states that which he knows to be false, and therefore gives false evidence.
|
| |
|
(c)
|
A, knowing the general character of Z's handwriting, states that he believes a certain
signature to be the handwriting of Z. A in good faith believing it to be so. Here A's
statement is merely as to his believe, and is true as to his belief, and therefore although
the signature may not be handwriting of Z, A has not given false evidence.
|
| |
|
(d)
|
A, being bound by an oath to state the truth, states that he knows that Z was at a
particular place on a particular day, not knowing anything upon the subject, A gives false
evidence whether Z was at that place on the day named or not.
|
| |
|
(e)
|
A, an interpreter or translator, gives or certifies, as a true interpretation or translation of
a statement, which he is bound by oath to interpret or translate truly, that which is not and
which he does not believe to be a true interpretation or translation. A has given false
evidence.
|
| |
|
| |
|
192.
| Fabricating false evidence:
Whoever causes any circumstance to exist or makes
any false entry in any book or record, or makes any document containing a false
statement, intending that such circumstance, false entry or false statement may appear in
evidence in a judicial proceeding, or in a proceeding taken by law before a public servant
as such, or before an arbitrator, and that such circumstance, false entry or false
statement, so appearing in evidence, may cause any person who in such proceeding is to
form an opinion upon the evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding, is said to fabricate false evidence.
Illustrations
|
(a)
|
A puts jewels into a box belonging to Z, with the intention that they may be found in
that box, and that this circumstance may cause Z to be convicted of theft. A has
fabricated.
|
| |
|
(b)
|
A makes a false entry in his shop-book for the purpose of using it as corroborative
evidence in a Court of Justice. A has fabricated false evidence.
|
| |
|
(c)
|
A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter
in imitation of Z's handwriting, purporting to be addressed to an accomplice in such
criminal conspiracy, and puts the letter in a place which he knows that the officers of the
Police are likely to search. A has fabricated false evidence.
|
| |
|
| |
|
193.
| Punishment for false evidence:
Whoever intentionally gives false evidence in any
stage of a judicial proceeding, or fabricates false evidence for the purpose of being used
in any stage of a judicial proceeding, shall be punished with imprisonment of either
description for a term, which may extend to seven years, and shall also be liable to fine;
and whoever, intentionally gives or fabricates false evidence in any other case,
shall, be punished with imprisonment of either description" for a term which may extend to
three years, and shall also be liable to fine.
Explanation 1: A trial before a Court-martial is a judicial proceeding.
Explanation 2: An investigation directed by law preliminary to a proceeding before a Court
of Justice, is a stage of a judicial proceeding, though that investigation may not take place
before a Court of Justice. 88[] 88
Explanation 3: An investigation directed by a Court of Justice according to law, and
conducted under the authority of a Court of Justice, is a stage of a judicial
proceeding/though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot
the boundaries of land, makes on oath a statement which he knows to be false. As this
enquiry is a stage of a judicial proceeding, A has given false evidence.
|
| |
|
194.
| Giving or fabricating false evidence with intent to procure conviction of capital
offence:
Whoever gives or fabricates false evidence, intending thereby to cause, or
knowing it to be likely that he will thereby cause any person to be convicted on an offence
which is capital by any law for the time being in force, shall be punished with imprisonment
for life, or with rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine;
if innocent person be thereby convicted and executed : and if an innocent person be
convicted and executed in consequence of such false evidence the person who gives
such false evidence shall be punished either with death or the punishment hereinbefore
described. |
| |
|
195.
| Giving or fabricating false evidence with intent to procure conviction of offence
punishable with imprisonment for life or for a term of seven years or upwards:
Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be
likely that he will thereby cause any person to be convicted of an offence which by any law
for the time being in force is not capital, but punishable with imprisonment for life, or
imprisonment for a term of seven years or upwards, shall be punished as a person
convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to be
convicted of a dacoity. The punishment of dacoity is imprisonment for life or rigorous
imprisonment for a term, which may extend to ten years, with or without fine. A, therefore,
is liable to such imprisonment for life or imprisonment with or without fine. |
| |
|
196.
| Using evidence known to be false:
Whoever corruptly uses or attempts to use as
true or genuine evidence, any evidence which he knows to be false or fabricated, shall be
punished in the same manner as if he gave or fabricated false evidence. |
| |
|
197.
| Issuing or signing false certificate:
Whoever issues or signs any certificate
required by law to be given or signed, or relating to any fact of which such certificate is by
law admissible in evidence, knowing or believing that such certificate is false in any
material point, shall be punished in the same manner as if he gave false evidence. |
| |
|
198.
| Using as true a certificate known to be false:
Whoever corruptly uses or attempts
to use any such certificate as a true certificate, knowing the same to be false in any
material point, shall be punished in the same manner as if he gave false evidence. |
| |
|
199.
| False statement made in declaration which is by law receivable as evidence:
Whoever, in any declaration made or subscribed by him, which declaration any Court of
Justice, or any public servant or other person, is bound or authorized by law to receive as
evidence of any fact, makes any statement which is false, and which he either knows or
believes to be false or does not believe to be true, touching any point material to the
object-for which the declaration is made or used, shall be punished in the same manner
as if he gave false evidence. |
| |
|
200.
| Using as true such declaration knowing it to be false:
Whoever corruptly uses or
attempts to use as true any such declaration, knowing the same to be false in any material
point, shall be punished in the same manner as if he gave false evidence.
Explanation: A declaration, which is inadmissible merely upon the ground of some
informality, is a declaration within the meaning of Sections 199 and 200.
|
| |
|
201.
| Causing disappearance of evidence of offence, or giving false information to
screen offender:
Whoever, knowing or having reason to believe that an offence has been
committed, causes any evidence of the commission of that offence to disappear, with the
intention of screening the offender from legal punishment, or with that intention gives any
information respecting the offence which he knows or believes to be false;
|
| if a capital offence:
| shall, if the offence which he knows or believes to have been
committed is punishable with death, be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
|
|
| if punishable with imprisonment for life:
| and if the offence is punishable with
imprisonment for life, or with imprisonment which may extend to ten years shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine:
|
|
| if punishable with less than ten years' imprisonment:
| and if the offence is
punishable with imprisonment for any term not extending to ten years, shall be punished
with imprisonment of the description provided for the offence, for a term which may extend
to one-fourth part of the longer term of the imprisonment provided for the offence, or with
fine, or with both.
|
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of
screening 6 from punishment. A is liable to imprisonment of either description for seven
years, and also to fine. |
| |
|
202.
| Intentional omission to give information of offence by person bound to inform:
Whoever, knowing or having reason to believe that an offence has been committed,
intentionally omits to give any information respecting that offence which, he is legally
bound to give, shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine, or with both. |
| |
|
203.
| Giving false information respecting an offence committed:
Whoever, knowing or
having reason to believe that an offence has been committed, gives any information
respecting that offence which he knows or believes to be false shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Explanation: In Sections 201 and 202 in this section the word "offence" includes any act
committed at any place out of Pakistan, which, if committed in Pakistan, would be
punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394,
395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, and 460.
|
| |
|
204.
| Destruction of document to prevent its production as evidence:
Whoever
Secrets or destroys any document which he may be lawfully compelled to produce as
evidence in a Court of Justice, or in any proceeding lawfully held before a public servant,
as such, or obliterates or renders illegible the whole or any part of such document with the
intention of preventing the same from being produced or used as evidence before such
Court, or public servant as aforesaid, or after he shall have been lawfully summoned or
required to produce the same for that purpose, shall be punished with imprisonment of
either description for a term which may extend to two years or with fine, or with both. |
| |
|
205.
| False personation for purpose of act or proceeding in suit or prosecution:
Whoever falsely personates another, and in such assumed character makes any
admission or statement, or confesses judgment, or causes any process to be issued or
becomes bail or security, or does any other act in any suit or criminal prosecution, shall be
punished with imprisonment of either description for a term which may extend to three
years or with fine, or with both. |
| |
|
206.
| Fraudulent removal or concealment of property to prevent its seizure as
forfeited or in execution:
Whoever fraudulently removes, conceals, transfers or delivers
to any person any property or any interest therein, intending thereby to prevent that
property or interest therein from being taken as a forfeiture or in satisfaction of a fine,
under a sentence which has been pronounced, or which he knows to be likely to be
pronounced, by a Court of Justice or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be
made by a Court of Justice in a civil suit, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both. |
| |
|
207.
| Fraudulent claim to property to prevent its seizure as forfeited or in execution:
Whoever fraudulently accepts, receives or claims any property or any interest therein,
knowing that he has no right or rightful claim to such property or interest, or practises any
deception touching any right to any property or any interest therein, intending thereby to
prevent that property or interest therein from being taken as a forfeiture or in satisfaction
of a fine, under a sentence which has been pronounced, or which he knows to be likely to
be pronounced by a Court of Justice or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be
made by a Court of Justice in a civil suit, shall be punished with imprisonment of either
description for a term which' may extend to two years, or with fine, or with both. |
| |
|
208.
| Fraudulently suffering decree for sum not due:
Whoever fraudulently causes or
suffers a decree or order to be passed against him at the suit of any person for a sum not
due, or for a larger sum than is due to such person or for any property or interest in
property to which such person is not entitled, or fraudulently causes or suffers a decree or
order to be executed against him after it has been satisfied, or for anything in respect of
which it has been satisfied, shall be' punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him
fraudulently suffers a judgment to pass against him for a larger amount at the Suit of B,
who has no just claim against him, in order that B, either on his own account or for the
benefit of Z, may share in the proceeds of any sale of Z's property which may be made
under A's decree. Z has committed an offence under this section. |
| |
|
209.
| Dishonestly making false claim in Court:
Whoever fraudulently or
dishonestly, or with intent to injure any person, makes in a Court of Justice any claim
which he knows to be false, shall be punished with imprisonment of either description for a
term which may extend to two years, and shall also be liable to fine. |
| |
|
210.
| Fraudulently obtaining decree for sum not due:
Whoever fraudulently obtains a
decree or order against any person for a sum not due, or for a larger sum than is due, or
for any property or interest in property to which he is not entitled, or fraudulently causes a
decree or order to be executed against any person after it has been satisfied or for
anything in respect of which it has been satisfied, or fraudulently, suffers or permits any
such act to be done in his name, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both. |
| |
|
211.
| False charge of offence made with intent to injure:
Whoever with intent to cause
injury to any person, institutes or causes to be instituted any criminal proceeding against
that person, or falsely charges any person with having committed as offence, knowing that
there is no just or lawful ground for such proceeding or charge against that person, shall
be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both,
and if such criminal proceeding be instituted on a false charge of an offence
punishable with death, imprisonment for life or imprisonment for seven years or upwards,
shall be punishable with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine. |
| |
|
212.
| Harbouring offender:
Whenever an offence has been committed, whoever
harbours or conceals a person whom he knows or has reason to believe to be the
offender, with the intention of screening him from legal punishment,
|
| if a capital offence:
| shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to five years, and shall
also be liable to fine,
|
|
| if punishable with imprisonment for life, or with imprisonment:
| and if the offence is
punishable with imprisonment for life or with imprisonment which may extend to ten years,
shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine,
and if the offence is punishable with imprisonment which may extend to one year,
and not to ten years, shall be punished with imprisonment of the description provided for
the offence for a term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.
|
"Offence" in this section includes, any act committed at any place out of Pakistan,
which, if committed in Pakistan, would be punishable under any of the following sections,
namely 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399. 402, 435, 436, 449, 450,
457, 458, 459, and 460 and every such act shall, for the purposes of this section, be
deemed to be punishable as if the accused person had been guilty of it in Pakistan.
Exception: This provision shall not extend to any case in which the harbour or
concealment is by the husband or wife of the offender.
Illustration
A knowing that B has committed dacoity, knowingly conceals S in order to screen him
legal punishment. Here, as S is liable to imprisonment for life, A is liable to imprisonment
of either description for a term not exceeding three years, and is liable to fine. |
| |
|
213.
| Taking gift, etc., to screen an offender from punishment:
Whoever accepts or
attempts to obtain, or agrees to accept, any gratification for himself or any other person, or
any restitution of property to himself or any other person, in consideration of his
concealing an offence or of his screening any person from legal punishment for any
offence, or of his not proceeding against any person for the purpose of bringing him to
legal punishment;
|
| if a capital offence:
| shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine;
|
|
| if punishable with imprisonment for life, or with imprisonment:
| and if the offence is
punishable with imprisonment for life or with imprisonment which may extend to ten years,
shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall
be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for offence, or
with fine, or with both.
|
|
| |
|
214.
| Offering gift or restoration of property in consideration of screening offender:
Whoever gives or causes or offers or agrees to give or cause, any gratification to any
person, or to restore or cause the restoration of any property to any person, in
consideration of that person's concealing an offence, or of his screening any person from
legal punishment for any offence, or of his not proceeding against any person for the
purpose of bringing him to legal punishment;
|
| if a capital offence:
| shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine;
|
|
| if punishable with imprisonment for life, or with imprisonment:
| and if the offence is
punishable with imprisonment for life, or with imprisonment which may extend to ten
years, shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to fen years, shall
be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for the
offence, or with fine, or with both.
|
Exception: The provisions of Sections 213 and 214 do not extend to any case in which the
offence may lawfully be compounded.
89[] 89 |
| |
|
215.
| Taking gift to help to recover property, etc.:
Whoever takes or agrees or consents
to take any gratification under pretence or on account of helping any person to recover
any movable property of which he shall have been deprived by any offence punishable
under this Code, shall, unless he uses all means in his power to cause the offender to be
apprehended and convicted of the offence, be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both. |
| |
|
216.
| Harbouring offender who has escaped from custody or whose apprehension
has been ordered:
Whenever any person convicted of, or charged with an offence, being
in lawful custody for that offence, escapes from such custody,
or whenever a public servant, in the exercise of the lawful powers of such public
servant, orders a certain person to be apprehended for an offence, whoever, knowing of
such escape or order for apprehension, harbours or conceals that person with the
intention of preventing him from being apprehended, shall be punished in the manner
following, that is to say;
|
| if a capital offence:
| if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine;
|
|
| if punishable with imprisonment for life, or with imprisonment:
| if the offence is
punishable with imprisonment for life or imprisonment for ten years, he shall be punished
with imprisonment of either description for a term which may extend to three years, with or
without fine;
and if the offence is punishable with imprisonment which may extend to one year
and not to ten years, he shall be punished with imprisonment of the description provided
for the offence for a term which may extend to one fourth part of the longest term of the
imprisonment provided for such offence or with fine, or with both.
|
"Offence" in this section includes also any act or omission of which a person is alleged to
have been guilty out of Pakistan which, if he had been guilty of it in Pakistan would have
been punishable as an offence, and for which he is under any law relating to extradition,
or otherwise, liable to be apprehended or detained in custody in Pakistan, and every such
act or omission shall, for the purposes of this section, be deemed to be punishable as if
the accused person had been guilty of it in Pakistan.
Exception: This provision does not extend to the case in which the harbour or
concealment is by the husband or wife of the person to be apprehended.
|
| |
|
230.
| "Coin" defined:
Coin is metal used for the time being as money, and stamped and
issued by the authority of some State or Sovereign Power in order to be so used.
"Pakistan coin": Pakistan coin is metal stamped and issued by the authority of the
Government of Pakistan in order to be used as money; and metal which has been so
stamped and issued shall continue to be Pakistan coin for the purposes of this Chapter,
notwithstanding that it may have ceased to be used as money.
Illustrations
|
(a)
|
Cowries are not coin. |
| |
|
(b)
|
Lumps of unstamped copper, though used as money, are not coin. |
| |
|
(c)
|
Medals are not coin, inasmuch as they are not intended to be used as money. |
| |
95[] 95 |
| |
|
231.
| Counterfeiting coin:
Whoever counterfeits or knowingly performs any part of the
process of counterfeiting coin, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Explanation: A person commits this offence who intending to practise deception, or
knowing it to be likely that deception will thereby be practised, causes a genuine coin to
appear like a different coin. |
| |
|
232.
| Counterfeiting Pakistan coin:
Whoever counterfeits, or knowingly performs any
part of the process of counterfeiting Pakistan coin, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine. |
| |
|
233.
| Making or selling instrument for counterfeiting coin:
Whoever makes or mends,
or performs any part of the process of making or mending, or buys, sells or disposes of,
any die or instrument, for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for the purpose of counterfeiting coin, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine. |
| |
|
234.
| Making or selling instrument for counterfeiting Pakistan coin:
Whoever makes
or mends, or performs any part of the process of making or mending or buys, sells or
disposes of, any die or instrument, for the purpose of being used, or knowing or having
reason to believe that it is intended to be used, for the purpose of counterfeiting Pakistan
coin, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine. |
| |
|
235.
| Possession of instrument or material for the purpose of using the same for
counterfeiting coin:
Whoever is in possession of any instrument or material, for the
purpose of using the same for counterfeiting coin, or knowing or having reason to believe
that the same is intended to be used for that purpose, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine;
|
| if Pakistan coin:
| and if the coin to be counterfeited is Pakistan coin, shall be
punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
|
|
| |
|
236.
| Abetting in Pakistan the counterfeiting out of Pakistan of coin:
Whoever, being
within Pakistan, abets the counterfeiting of coin out of Pakistan shall be punished in the
same manner as if he abetted the counterfeiting of such coin within Pakistan.
237. Import or export of counterfeit coin: Whoever imports into Pakistan, or exports
there from, any counterfeit coin, knowingly or having reason to believe that the same is
counterfeit, shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine. |
| |
|
238.
| Import or export of counterfeits of Pakistan coin:
Whoever imports into Pakistan,
or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a
counterfeit of Pakistan coin, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine. |
| |
|
239.
| Delivery of coin, possessed with knowledge that it is counterfeit:
Whoever,
having any counterfeit coin, which at the time when he became possessed of it he knew to
be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same
to any person, or attempts to induce any. person to receive it, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall
also be liable to fine. |
| |
|
240.
| Delivery of Pakistan coin possessed with knowledge that it is counterfeit:
Whoever, having any counterfeit coin, which is a counterfeit of Pakistan coin, and which,
at the time when he became possessed of it, he knew to be a counterfeit of Pakistan coin,
fraudulently or with intent that fraud may be committed, delivers the same to any person,
or attempts to induce any person to receive it, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine. |
| |
|
241.
| Delivery of coin as genuine, which, when first possessed, the deliverer did not
know to be counterfeit:
Whoever delivers to any other person as genuine, or attempts to
induce any other person to receive as genuine, any counterfeit coin which he knows to be
counterfeit, but which he did not know to be counterfeit, as the time when he took it into
his possession, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine to an amount which may extend to ten times the
value of the coin counterfeited, or with both.
Illustration
A, a coiner, delivers counterfeit 96[] 96 rupees to his accomplice B, for the purpose of uttering
them. B sells the rupees to C, another utterer, who buys them knowing them to be
counterfeit, C pays away the rupees for goods to D. who receives them, not knowing them
to be counterfeit. D after receiving the rupees, discovers that they are counterfeit and pays
them away as if they were good. Here D is punishable only under this section, but B and C
are punishable under Section 239 or 240, as the case may be. |
| |
|
242.
| Possession of counterfeit coin by person who knew it to be counterfeit when
he became possessed thereof:
Whoever, fraudulently, or with intent that fraud may be
committed, is in possession of counterfeit coin, having known at the time when he became
possessed thereof that such coin was counterfeit, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to
fine. |
| |
|
243.
| Possession of Pakistan coin by person who knew it to be counterfeit when he
became possessed thereof:
Whoever, fraudulently or with intent that fraud may be
committed, as in possession of counterfeit coin, which is a counterfeit of Pakistan coin,
having known at the time when he became possessed of it that it was counterfeit, shall be
Punished with imprisonment of either description for a term, which may extend to seven
years, and shall also be liable to fine. |
| |
|
244.
| Person employed in mint causing coin to be of different weight or composition
from that fixed by law:
Whoever, being employed in any mint lawfully established in
Pakistan, does any act, or omits what he is legally bound to do, with the intention of
causing any coin issued from that mint to be of a different weight or composition from the
weight or composition fixed by law, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine. |
| |
|
245.
| Unlawfully taking coining instrument from mint:
Whoever, without lawful
authority, takes out of any mint, lawfully established in Pakistan, any coining tool or
instrument, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine. |
| |
|
246.
| Fraudulently or dishonestly diminishing weight or altering composition of coin:
Whoever fraudulently or dishonestly performs on any coin any operation, which diminishes
the weight or alters the composition of that coin, shall be punished with imprisonment of
either description for a term, which may extend to three years, and shall also be liable to
fine.
Explanation: A person who scoops out part of the coin and puts anything else into the
cavity alters the composition of that coin.
|
| |
|
247.
| Fraudulently or dishonestly diminishing weight or altering composition of
Pakistan coin:
Whoever fraudulently or dishonestly performs on any Pakistan coin, any
operation which diminishes the weight or alters the composition of that coin, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine. |
| |
|
248.
| Altering appearance of coin with intent that it shall pass as coin of different
description:
Whoever performs on any coin any operation which alters the appearance of
that coin, with the intention that the said coin shall pass as a different description, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine. |
| |
|
249.
| Altering appearance of Pakistan coin with intent that it shall pass as coin of
different description:
Whoever performs on any Pakistan coin any operation which alters
the appearance of that coin, with the intention that the said coin shall pass as a coin of a
different description, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine. |
| |
|
250.
| Delivery of coin, possessed with knowledge that it is altered:
Whoever, having
coin in his possession with respect to which the offence defined in Section 246 or 248 has
been committed, and having known at the time when he became possessed of such coin
that such offence had been committed with respect to it, fraudulently or with intent that
fraud may be committed, delivers such coin to any other person, or attempts to induce any
other person to receive the same, shall be punished with imprisonment of either
description for a term which may extend to five years, and shall also be liable to fine. |
| |
|
251.
| Delivery of Pakistan coin possessed with knowledge that it is altered:
Whoever,
having coin in his possession with respect to which the offence defined in Section 247 or
249 has been committed, and having known at the time when he became possessed of
such coin that such offence had been committed with respect to it, fraudulently or with
intent that fraud may be committed, delivers such coin to any other person, or attempts to
induce any other person to receive the same, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine. |
| |
|
252.
| Possession of coin by person who knew it to be altered when he became
possessed thereof:
Whoever fraudulently or with intent that fraud may be committed, is
in possession of coin with respect to which the offence defined in either of the Section 246
or 248 has been committed, having known at the time of becoming possessed thereof that
such offence had been committed with respect to such coin, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine. |
| |
|
253.
| Possession of Pakistan coin by person who knew it to by altered when he
became possessed thereof:
Whoever fraudulently or with intent that fraud may be
committed, is in possession of coin with respect of which the offence, defined in either of
Section 247 or 249 has been committed having known at the time of becoming possessed
thereof that such offence had been committed with respect to such coin, shall be punished
with imprisonment of either description for a term which may extend to five years, and
shall also be liable to fine. |
| |
|
254.
| Delivery of coin as genuine which, when first possessed, the deliverer did not
know to be altered:
Whoever delivers to any other person as genuine or as a coin of a
different description from what it is, or attempts to induce any person to receive as
genuine, or as a different coin from what it is, any coin in respect of which' he knows that
any such operation as that mentioned in Sections 246, 247, 248 or 249 has been
performed, but in respect of which he did not, at the time when he took it into his
possession, know that such operation had been performed, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine
to an amount which may extend to ten times the value of the coin for which the altered
coin is passed, or attempted to be passed. |
| |
|
255.
| Counterfeiting Government stamp:
Whoever counterfeits, or knowingly performs
any part of the process of counterfeiting, any stamp issued by Government for the
purpose of revenue, shall be punished with imprisonment for life or with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation: A person commits this offence who counterfeits by causing a genuine stamp
of one denomination to appear like a genuine stamp of a different denomination. |
| |
|
256.
| Having possession of instrument or material for counterfeiting Government
stamp:
Whoever has in his possession any instrument or material for the purpose of
being used, or knowing or having reason to believe that it is intended to be used, for the
purpose of counterfeiting any stamp issued by Government for the purpose of revenue,
shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine. |
| |
|
257.
| Making or selling instrument for counterfeiting Government stamp:
Whoever
makes or performs any part of the process of making, or buys, or sells, or disposes of, any
instrument for the purpose of being used, or knowing or having reason to believe that it is
intended to be used, for the purpose of counterfeiting any stamp issued by Government
for the purpose of revenue, shall be punished with imprisonment of either description for a
term which may extend to seven years and shall also be liable to fine. |
| |
|
258.
| Sale of counterfeit Government stamp:
Whoever sells, or offers for sale, any
stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by
Government for the purpose of revenue shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine. |
| |
|
259.
| Having possession of counterfeit Government stamp:
Whoever has in his
possession any stamp which he knows to be a counterfeit of any stamp issued by
Government for the purpose of revenue, intending to use, or dispose of the same as a
genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine. |
| |
|
260.
| Using as genuine a Government stamp known to be counterfeit:
Whoever uses
as genuine any stamp knowing it to be a counterfeit of any stamp issued by Government
for purpose of revenue, shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine, or with both. |
| |
|
261.
| Effacing writing from substance, Government stamp, or removing from
document a stamp used for it, with intent to cause loss to Government:
Whoever
fraudulently or with intent to cause loss to the Government, removes or effaces from any
substance bearing any stamp issued by Government for the purpose of revenue, any
writing or document for which such stamp has been used, or removes from any writing or
document a stamp which has been used for such writing or document, in order that such
stamp may be used for a different writing or document, shall be punished with
imprisonment of either description for a term which may extend to there years, or with fine,
or with both. |
| |
|
262.
| Using Government stamp known to have been before used:
Whoever
fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp
issued by Government for the purpose of revenue, which he knows to have been before
used, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both. |
| |
|
263.
| Erasure of mark denoting that has been used:
Whoever, fraudulently or with intent
to cause loss to Government, erases or removes from a stamp issued by Government for
the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of
denoting that the same has been used, or knowingly has in his possession or sells or
disposes of any such stamp from which such mark has been erased or removed, or sells
or disposes of any such stamp which he knows to have been used, shall be punished with
imprisonment of either description for a term which may extend to three years or with fine,
or with both. |
| |
|
268.
| Public nuisance:
A person is guilty of a public nuisance who does any act or is
guilty of an illegal omission which causes any common injury, danger or annoyance to the
public or to the people in general who dwell or occupy property in the vicinity, or which
must necessarily cause injury, obstruction, danger or annoyance to persons who may
have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or
advantage.
|
| |
|
269.
| Negligent act likely to spread infection of disease dangerous to life:
Whoever
unlawfully or negligently does any act which is, and which he knows or has reason to
believe to be, likely to spread the infection of any disease dangerous to life, shall be
punished with imprisonment of either description for a term which may extend to six
months, or with fine, or with both. |
| |
|
270.
| Malignant act likely to spread infection of disease dangerous to life:
Whoever
malignantly does any act which is, and which he knows or has reason to believe to be,
likely to spread the infection of any disease dangerous to life, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both. |
| |
|
271.
| Disobedience to quarantine rule:
Whoever knowingly disobeys any rule made and
promulgated by the Federal or any Provincial Government for putting any vessel into a
state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with
the shore or with other vessels, or for regulating the intercourse between places where an
infectious disease prevails and other places, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with both. |
| |
|
272.
| Adulteration of food or drink intended for sale:
Whoever adulterates any article of
food or drink, so as to make such article noxious as food or drink, intending to sell such
article as food or drink, or knowing it to be likely that the same will be sold as food or drink,
snail be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to 99[three thousand rupees] 99, or with both. |
| |
|
273.
| Sale of noxious food or drink:
Whoever sells, or offers or exposes for sale, as food
or drink, any article which has been rendered or has become noxious, or is in a state unfit
for food or drink, knowing or haying reason to believe that the same is noxious as food or
drink, shall be punished with imprisonment of either description for a term which may
extend to six months, of with fine which may extend to 100[three thousand rupees] 100, or with both. |
| |
|
274.
| Adulteration of drugs:
Whoever adulterates any drug or medical preparation-in
such a manner as to lessen the efficacy or change the operation of such drug) or medical
preparation, or to make it noxious intending that it shall be sold or used for, or knowing it
to be likely that it will be sold or used for, any medicinal purposes, as if it had not
undergone such adulteration, shall be punished with imprisonment of either description for
a term which may extend to six months or with fine which may extend to 101[three thousand rupees] 101, or with both. |
| |
|
275.
| Sale of adulterated drugs:
Whoever, knowing any drug or medical preparation to
have been adulterated in such a manner as to lessen its efficacy, to change its operation,
or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any
dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal
purposes by any person not knowing of the adulteration, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine
which may extend to 102[three thousand rupees] 102, or with both. |
| |
|
276.
| Sale of drug as a different drug or preparation:
Whoever knowingly sells, or offers
or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or
medical preparation, as a different drug or medical preparation, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine
which may extend to 103[three thousand rupees] 103, or with both. |
| |
|
277.
| Fouling water of public spring or reservoir:
Whoever voluntarily corrupts or fouls
the water of any public spring or reservoir, so as to render it less fit for the purpose for
which it is ordinarily used, shall be punished with imprisonment of either description for a
term which may extend to three months, or with fine which may extend to 104[one thousand five hundred rupees] 104, or with both. |
| |
|
278.
| Making atmosphere noxious to health:
Whoever voluntarily vitiates the
atmosphere in any place so as to make it noxious to the health of persons in general
dwelling or carrying on business in the neighbourhood or passing along a public way, shall
be punished with fine, which may extend to 105[one thousand five hundred rupees] 105. |
| |
|
279.
| Rash driving or riding on a public way:
Whoever drives any vehicle, or rides, on
any public way in a manner so rash or negligent as to endanger human life, or to be likely
to cause hurt or injury to any other person, shall be punished with imprisonment of either
description for a term which may extend to 106[two years] 106 or with fine which may extend to 107[three thousand rupees] 107, or with both. |
| |
|
280.
| Rash navigation of vessel:
Whoever navigates any vessel in a manner so rash or
negligent as to endanger human life, or to be likely to cause hurt or injury to any other
person, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to 108[three thousand rupees] 108 or with both. |
| |
|
281.
| Exhibition of false light, mark or buoy:
Whoever exhibits any false light, mark or
buoy intending or knowing it to be likely that such exhibition will mislead any navigator,
shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both. |
| |
|
282.
| Conveying person by water for hire in unsafe or overloaded vessel:
Whoever
knowingly or negligently conveys; or causes to be conveyed for hire, any person by water
in any vessel, when that vessel is in such a state or so loaded as to endanger the fife of
that person, shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to 109[three thousand rupees] 109, or with
both. |
| |
|
283.
| Danger or obstruction in public way or line of navigation:
Whoever, by doing any
act, or by omitting to take order with any property in his possession or under his charge,
causes danger, obstruction or injury to any person in any public way or public line of
navigation, shall be punished with fine which may extend to 110[six hundred rupees] 110. |
| |
|
284.
| Negligent conduct with respect to poisonous substance:
Whoever does, with
any poisonous substance, any act in a manner so rash or negligent as to endanger human
life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits
to take such order with any poisonous substance in his possession as is sufficient to
guard against any probable danger to human life from such poisonous substance,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine, which may extend to 111[three thousand rupees] 111, or with both. |
| |
|
285.
| Negligent conduct with respect to fire or combustible matter:
Whoever does,
with tire or any combustible matter, any act so rashly or negligently as to endanger human
life, or to be likely to cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any fire or any combustible
matter in his possession as is sufficient to guard against any probable danger to human
life from such fire or combustible matter,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to 112[three thousand rupees] 112, or with both. |
| |
|
286.
| Negligent conduct with respect to explosive substance:
Whoever does, with any
explosive substance any act so rashly or negligently as to endanger human life, or to be
likely to cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any explosive substance in his
possession as is sufficient to guard against any probable danger to human life from that
substance,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to 113[three thousand rupees] 113, or with both. |
| |
|
287.
| Negligent conduct with respect to machinery:
Whoever does, with any
machinery, any act so rashly or negligently as to endanger human life or to be likely to
cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any machinery in his possession
or under his care as is sufficient to guard against any probable danger to human life from
such machinery,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to 114[three thousand rupees] 114, or with both. |
| |
|
288.
| Negligent conduct with respect to pulling down or repairing buildings:
Whoever, in pulling down or repairing any building, knowingly or negligently omits to take
such order with that building as is sufficient to guard against any probable danger to
human life from the fall of that building, or of any part thereof, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine
which may extend to 115[three thousand rupees] 115, or with both. |
| |
|
289.
| Negligent conduct with respect to animal:
Whoever, knowingly or negligently omits to take such order
with any animal in his possession as is sufficient to guard against
any probable danger to human life, or any probable danger of grievous
hurt from such animal, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine
which may extend to 116[three thousand rupees] 116, or with both. |
| |
|
290.
| Punishment for public nuisance in cases not otherwise provided for:
Whoever
commits a public nuisance in any case not otherwise punishable by this Code, shall be
punished with fine which may extend to 117[six hundred rupees] 117. |
| |
|
291.
| Continuance of nuisance after injunction to discontinue:
Whoever repeats or continues a public nuisance having been
enjoined by any public servant who has lawful authority to issue such
injunction not to repeat or continue such nuisance, shall be punished
with simple imprisonment for a term which may extend to six months, or
with fine, or with both. |
| |
|
292.
| Sale, etc., of obscene books, etc.:
Whoever:-
|
(a)
|
sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or
for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces
or has in his possession any obscene book, pamphlet, paper, drawing, painting,
representation or figure or any other obscene object whatsoever, or
|
|
(b)
|
imports, exports or conveys any obscene object for any of the purposes aforesaid, or
knowing or having reason to believe that such object will be sold, let to hire, distributed or
publicly exhibited or in any manner put into circulation, or
|
|
(c)
|
takes part in or receives profits from, any business in the course of which he knows or
has reason to believe that any such obscene objects are, for any of -the purposes
aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly
exhibited or in any manner put into circulation, or
|
|
(d)
|
advertises or makes known by any means whatsoever that any person he engaged or
is ready to engage in any act which is an offence under this section, or that any such
obscene object can be procured from or through any person, or
|
|
(e)
|
offers or attempts to do any act which is an offence under this section, |
shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine or with both.
Exception: This section does not extend to any book, pamphlet, writing, drawing or
painting kept or used bona fide for religious purposes or any representation sculptured,
engraved, painted or otherwise represented on or in any temple, or on any car used for
the conveyance of idols, or kept or used for any religious purpose.
|
| |
|
337.
| Shajjah:
|
(1)
|
Whoever causes, on the head or face of any person, any hurt which
does not amount to itlaf-i-udw or itlaf-i-salahiyyat-i-udw, is said to cause shajjah.
|
| |
|
(2)
|
The following are the kinds of shajjah namely:-
|
(a)
|
Shajjah-i-Khafifah |
|
(b)
|
Shajjah-i-mudihah |
|
(c)
|
Shajjah-i-hashimah |
|
(d)
|
Shajjah-i-munaqqilah |
|
(e)
|
Shaijah-i-ammah and |
|
(f)
|
Shajjah-i-damighah |
|
| |
|
(3)
|
Whoever causes shajjah:-
|
(i)
|
without exposing bone of the victim, is said to cause shajjah-i-khafifah; |
|
(ii)
|
by exposing any bone of the victim without causing fracture, is said to cause shajjah-imudihah; |
|
(iii)
|
by fracturing the bone of the victim, without dislocating it, is said to cause shajjah-ihashimah; |
|
(iv)
|
by causing fracture of the bone of the victim and thereby the bone is dislocated, is said
to cause shajfah-i-munaqqilah;
|
|
(v)
|
by causing fracture of the skull of the victim so that the wound touches the membrane
of the brain, is said to cause shajjah-i-ammah;
|
|
(vi)
|
by causing fracture of the skull of the victim and the wound ruptures the membrane of
the brain is said to cause shajjah-i-damighah.
|
|
| |
|
| |
|
337-A.
| Punishment of shajjah:
Whoever, by doing any act with the intention of thereby
causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to
any person, causes-
|
(i)
|
shajjah-i-khafifah to any person, shall be liable to daman and may also be punished
with imprisonment of either description for a term which may extend to two years as ta'zir,
|
|
(ii)
|
shajjah-i-mudihah to any person, shall, in consultation with the authorised medical
officer, be punished with qisas, and if the, qisas is not executable keeping in view the
principles of equality, in accordance with the Injunctions of Islam, the convict shall be
liable to arsh which shall be five percent of the diyat and may also be punished with
imprisonment of either description for a term which may extend to five years as ta'zir,
|
|
(iii)
|
shajjah-i-hashimah to any person, shall be liable to arsh which shall be ten per cent of
the diyat and may also be punished with imprisonment of either description for a term
which may extend to ten years as ta'zir,
|
|
(iv)
|
shajiah-i-munaqqilah to any person, shall be liable to arsh which shall be fifteen per
cent of the diyat and may also be punished with imprisonment of either description for a
term which may extend to ten years as ta 'zir,
|
|
(v)
|
shajjah-i-ammah to any person, shall be liable to arsh which shall be one-third of the
diyat and may also be punished with imprisonment of either description for a term which
may extend to ten years as ta'zir, and
|
|
(vi)
|
shajjah-i-damighah to any person shall be liable to arsh which shall be one-half of
diyat and may also be punished with imprisonment of either description for a term which
may extend to fourteen years as ta'zir.
|
|
| |
|
337-B.
| Jurh:
|
(1)
|
Whoever causes on any part of the body of a person, other than the
head or face, a hurt which leaves a mark of the wound, whether temporary or permanent,
is said to cause jurh.
|
| |
|
(2)
|
Jurh is of two kinds, namely:-
|
(a)
|
Jaifah ; and |
|
(b)
|
Ghayr-jaifah. |
|
| |
|
| |
|
337-C.
| Jaifah:
Whoever causes jurh in which the injury extends to the body cavity of the
trunk, is said to cause jaifah. |
| |
|
337-D.
| Punishment for jaifah:
Whoever by doing any act with the intention of causing
hurt to a person or with the knowledge that he is likely to cause hurt to such person,
causes jaifah to such person, shall be liable to arsh which shall be one-third of the diyat
and may also be punished with imprisonment of either description for a term which may
extend to ten years as ta'zir. |
| |
|
337-E.
| Ghayr-jaifah:
|
(1)
|
Whoever causes jurh which does not amount to jaifah, is said to
cause ghayr-jaifah.
|
| |
|
(2)
|
The following are the kinds of ghayr-faifah, namely:-
|
(a)
|
damihah |
|
(b)
|
badi'ah |
|
(c)
|
mutalahimah |
|
(d)
|
mudihah |
|
(e)
|
hashimah; and |
|
(f)
|
munaqqilah |
|
| |
|
(3)
|
Whoever causes ghayr-jaifah—
|
(i)
|
in which the skin is ruptured and bleeding occurs, is said to cause damiyah; |
|
(ii)
|
by cutting or incising the flesh without exposing the bone, is said to cause badi'ah; |
|
(iii)
|
by lacerating the flesh, is said to cause mutalahimah; |
|
(iv)
|
by exposing the bone, is said to cause mudihah; |
|
(v)
|
by causing fracture of a bone without dislocating it, is said to cause hashimah; and |
|
(vi)
|
by fracturing and dislocating the bone, is said to cause munaqqilah. |
|
| |
|
| |
|
337-F.
| Punishment of ghayr-jaifah:
Whoever by doing any act with the intention of
causing hurt to any person, or with the knowledge that he is likely to cause hurt to any
person, causes:-
|
(i)
|
damihah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to one year as ta'zir;
|
|
(ii)
|
badi'ah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to three years as ta'zir;
|
|
(iii)
|
mutafahimah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to three years as ta'zir;
|
|
(iv)
|
mudihah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to five years as ta'zir;
|
|
(v)
|
hashimah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to five years as ta'zir, and
|
|
(vi)
|
munaqqilah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to seven years as ta'zir.
|
|
| |
|
337-G.
| Punishment for hurt by rash or negligent driving:
Whoever causes hurt by rash
or negligent driving shall be liable to arsh or daman specified for the kind of hurt caused
and may also be punished with imprisonment of either description for a term which may
extend to five years as ta'zir. |
| |
|
337-H.
| Punishment for hurt by rash or negligent act:
|
(1)
|
Whoever causes hurt by rash
or negligent act, other than rash or negligent driving, shall be liable to arsh or daman
specified for the kind of hurt caused and may also be punished with imprisonment of either
description for a term which may extend to three years as ta'zir.
|
| |
|
(2)
|
Whoever does any act so rashly or negligently as to endanger human life or the
personal safety of other, shall be punished with imprisonment of either-description for a
term which may extend to three months, or with fine, or with both.
|
| |
|
| |
|
337-I.
| Punishment for causing hurt by mistake (khata):
Whoever causes hurt by
mistake (khata) shall be liable to arsh or daman specified for the kind of hurt caused. |
| |
|
337-J.
| Causing hurt by mean of a poison:
Whoever administers to or causes to be
taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or
such other thing with intent to cause hurt to such person, or with intent to commit or to
facilitate the commission of an offence, or knowing it to be likely that he will thereby cause
hurt may, in addition to the punishment of arsh or daman provided for the kind of hurt
caused, be punished, having regard to the nature of the hurt caused, with imprisonment of
either description for a term which may extend to ten years. |
| |
|
337-K.
| Causing hurt to extort confession, or to compel restoration of property:
Whoever causes hurt for the purpose of extorting from the sufferer or any person
interested in the sufferer any confession or any information which may lead to the
detection of any offence or misconduct, or for the purpose of constraining the sufferer, or
any person interested in the sufferer, to restore, or to cause the restoration of, any
property or valuable security or to satisfy any claim or demand, or to give information
which may lead to the restoration of any property, or valuable security shall, in addition to
the punishment of qisas, arsh or daman, as the case may be, provided for the kind of hurt
caused, be punished, having regard to the nature of the hurt caused, with imprisonment of
either description for a term which may extend to ten years as ta'zir. |
| |
|
337-L.
| Punishment for other hurt:
|
(1)
|
Whoever causes hurt, not mentioned
hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily
pain for twenty days or more or renders him unable to follow his ordinary pursuits for
twenty days or more, shall be liable to daman and also be punished with imprisonment of
either description for a term which may extend to seven years.
|
| |
|
(2)
|
Whoever causes hurt not covered by sub-section (1) shall be punished with
imprisonment of either description for a term which may extend to two years, or with
daman, or with both.
|
| |
|
| |
|
337-M.
| Hurt not liable to qisas:
Hurt shall not be liable to qisas in the following cases,
namely:-
|
(a)
|
when the offender is a minor or insane:
Provided that he shall be liable to arsh and also to ta'zir to be determined by the Court
having regard to the age of offender, circumstances of the case and the nature of hurt
caused;
|
|
(b)
|
when an offender at the instance of the victim causes hurt to him:
Provided that the offender may be liable to ta'zir provided for the kind of hurt caused by
him;
|
|
(c)
|
when the offender has caused itlaf-i-udw of a physically imperfect organ of the victim
and the convict does not suffer from similar physical imperfection of such organ:
Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided
for the kind of hurt caused by him; and
|
|
(d)
|
when the organ of the offender liable to qisas is missing:
Provided that the offender shall be liable to arsh and may also be liable to ta'zir provided
for the kind of hurt caused by him.
|
Illustrations
|
(i)
|
A amputates the right ear of Z, the half of which was already missing. If A's right ear is
perfect, he shall be liable to arsh and not qisas.
|
| |
|
(ii)
|
If in (he above illustration, Z's ear is physically perfect but without power of hearing, A
shall be liable to qlsas because the defect in Z's ear is not physical.
|
| |
|
(iii)
|
If in illustration (i) Z's ear is pierced, A shall be liable to qisas because such minor
defect is not physical imperfection.
|
| |
|
| |
|
337-N.
| Cases in which qisas for hurt shall not be enforced:
|
(1)
|
The qisas for a hurt shall not be enforced in the following cases, namely:-
|
(a)
|
when the offender dies before execution of qisas; |
|
(b)
|
when the organ of the offender liable to qisas is lost before the execution of qisas:
Provided that offender shall be liable to arsh, and may also be liable to ta'zir provided for
the kind of hurt caused by him;
|
|
(c)
|
when the victim waives the qisas or compounds the offence with badl-i-sufh; or |
|
(d)
|
when the right of qisas devolves on the person who cannot claim qisas against the
offender under this Chapter:
Provided that the offender shall be liable to arsh, if there is any wali other than the
offender, and if there is no wali other than the offender he shall be liable to ta'zir provided
for the kind of hurt caused by him.
|
|
| |
|
(2)
|
Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may,
having regard to the kind of hurt caused by him, in addition to payment of arsh, award
ta'zir to an offender who is a previous convict, habitual or hardened, desperate or
dangerous criminal 161[or the offence has been committed by him in the name or on the pretext of honour] 161. 162[:] 162 163[
Provided that the ta'zir shall not be less than one-third of the maximum imprisonment provided for the hurt caused if the offender
is a previous convict, habitual, hardened, desperate or dangerous criminal or if the offence has been committed by him in
the name or on the pretext of honour.
] 163
|
| |
|
| |
|
337-O.
| Wali in case of hurt:
In the case of hurt: The wali shall be-
|
(a)
|
the victim:
Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his
father or paternal grandfather, how high-so-ever;
|
|
(b)
|
the heirs of the victim, if the later dies before the execution of qisas; and |
|
(c)
|
the Government, in the absence of the victim or the heirs of the victim. |
|
| |
|
337-P.
| Execution of qisas for hurt:
|
(1)
|
Qisas shall be executed in public by an
authorised medical officer who shall before such execution examine the offender and take
due care so as to ensure that the execution of qisas does not cause the death of the
offender or exceed the hurt caused by him to the victim.
|
| |
|
(2)
|
The wali shall be present at the time of execution and if the wali or his representative is
not present, after having been informed of the date, time and place by the Court an officer
authorised by the Court in this behalf shall give permission for the execution of qisas.
|
| |
|
(3)
|
If the convict is a woman who is pregnant, the Court may, in consultation with an
authorised medical officer, postpone the execution of qisas upto a period of two years
after the birth of the child and during this period she may be released on bail on furnishing
of security to the satisfaction of the Court or, if she is not so released, shall be dealt with
as if sentenced to simple' imprisonment.
|
| |
|
| |
|
337-Q.
| Arsh for single organs:
The arsh for causing itlaf of an organ which is found
singly in a human body shall be equivalent to the value of diyat.
Explanation: Nose and tongue are included in the organs which are found singly in a
human body.
|
| |
|
337-R.
| Arsh for organs in pairs:
The arsh for causing itlaf of organs found in a human
body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such
organs the amount of arsh shall be one-half of the diyat:
Provided that, where the victim has only one such organ or his other organ is missing or
has already become incapacitated the arsh for causing itlaf of the existing or capable
organ shall be equal to the value of diyat.
Explanation: Hands, feet, eyes, lips and breasts are included in the organs which are
found in a human body in pairs.
|
| |
|
337-S.
| Arsh for the organs in quadruplicate:
The arsh for causing itlaf of organs
found in a human body in a set of four shall be equal to-
|
(a)
|
one-fourth of the diyat, if the itlaf is one of such organs; |
|
(b)
|
one-half of the diyat, if the itlaf is of two of such organs; |
|
(c)
|
three-fourth of the diyat, if the itlaf is of three such organs; and |
|
(d)
|
full diyat, if the itlaf is of all the four organs. |
Explanation: Eyelids are organs which are found in a human body in a set of four.
|
| |
|
337-T.
| Arsh for fingers:
|
(1)
|
The arsh for causing itlaf of a finger of a hand or foot shall be
one-tenth of the diyat.
|
| |
|
(2)
|
The arsh for causing itlaf of a joint of a finger shall be one-thirteenth of the diyat:
Provided that where the itlaf is of a joint of a thumb, the arsh shall be one-twentieth of the
diyat.
|
| |
|
| |
|
337-U.
| Arsh for teeth:
|
(1)
|
The arsh for causing itlaf of a tooth, other than a milk tooth,
shall be one-twentieth of the diyat.
Explanation: The impairment of the portion of a tooth outside the gum amounts to causing
itlaf of a tooth.
|
| |
|
(2)
|
The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat. |
| |
|
(3)
|
Where the itlaf is of a milk tooth, the accused shall be liable to daman and may, also
be punished with imprisonment of either description for a term which may extend to one
year:
Provided that, where itlaf of a milk tooth impedes the growth of. a new tooth, the accused
shall be liable to arsh specified in sub-section (1).
|
| |
|
| |
|
337-V.
| Arsh for hair:
|
(1)
|
Whoever uproots:-
|
(a)
|
all the hair of the head, beard, moustaches eyebrow, eyelashes or any other part of the
body shall be liable to arsh equal to diyat and may also be punished with imprisonment of
either description for a term which may extend to three years as ta'zir;
|
|
(b)
|
one eyebrow shall be liable to arsh equal to one- half of the diyat; and |
|
(c)
|
one eyelash, shall be liable to arsh equal to one fourth of the diyat. |
|
| |
|
(2)
|
Where the hair of any part of the body of the victim are forcibly removed by any
process not covered under sub section (1), the accused shall be liable to daman and
imprisonment of either description which may extend to one year.
|
| |
|
| |
|
337-W.
| Merger of arsh:
|
(1)
|
Where an accused more than one hurt, he shall be liable to
arsh specified for each hurt separately:
Provided that, where:-
|
(a)
|
hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such
organ and not for arsh for causing hurt to any part of such organ; and
|
|
(b)
|
the wounds join together and form a single wound, the accused shall be liable to arsh
for one wound.
|
Illustrations
|
(i)
|
A amputates Z's fingers of the right hand and then at the same time amputates that
hand from the joint of his writs. There is separate arsh for hand and for fingers. A shall,
however, be liable to arsh specified for hand only.
|
| |
|
(ii)
|
A twice stabs Z on his thigh. Both the wounds are so close to each other that they form
into one wound. A shall be liable to arsh for one wound only.
|
| |
|
| |
|
(2)
|
Where, after causing hurt to a person, the offender causes death of such person by
committing qatl liable to diyat, arsh shall merge into such diyat.
Provided that the death is caused before the healing of the wound caused by such hurt.
|
| |
|
| |
|
337-X.
| Payment of arsh:
|
(1)
|
The arsh may be made payable in a lump sum or in
instalments spread over a period of three years from the date of the final judgment.
|
| |
|
(2)
|
Where a convict fails to pay arsh or any part thereof within the period specified in subsection
(1), the convict may be kept in jail and dealt with in the same manner as if
sentenced to simple imprisonment until arsh is paid in full may be released on bail if he
furnishes security equal to amount of arsh to the satisfaction of the Court.
|
| |
|
(3)
|
Where a convict dies before the payment of arsh any part thereof, it shall be recovered
from his estate.
|
| |
|
| |
|
337-Y.
| Value of daman:
|
(1)
|
The value of daman may be determined by the Court
keeping in view:-
|
(a)
|
the expenses incurred on the treatment of victim; |
|
(b)
|
loss or disability caused in the functioning or power of any organ; and |
|
(c)
|
the compensation for the anguish suffered by the victim. |
|
| |
|
(2)
|
In case of non-payment of daman, it shall be recovered from the convict and until
daman is paid in full to the extent of his liability, the convict may be kept in jail and dealt
with in the same manner as if sentenced to simple imprisonment or may be released on
bail if he furnishes security equal to the amount of daman to the satisfaction of the Court.
|
| |
|
| |
|
337-Z.
| Disbursement of arsh or daman:
The arsh or daman shall be payable to the
victim or, if the victim dies, to his heirs according to their respective shares in inheritance. |
| |
|
338.
| Isqat-i-Hamal:
Whoever causes woman with child whose organs have not been
formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of
saving the life of the woman, or providing necessary treatment to her, is said to cause
isqat-i-hamal.
Explanation: A woman who causes herself to miscarry is within the meaning of this
section.
|
| |
|
338-A.
| Punishment for Isqat-i-haml:
Whoever cause isqat-i-haml shall be liable to
punishment as ta'zir-
|
(a)
|
with imprisonment of either description for a term which may extend to three years, if
isqat-i-haml is caused with the consent of the woman; or
|
|
(b)
|
with imprisonment of either description for a term which may extend to ten years, if
isqat-i-haml is caused without the consent of the woman:
|
Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the
convict shall also be liable to the punishment provided for such hurt or death as the case
may be.
|
| |
|
338-B.
| Isqat-i-janin:
Whoever causes a woman with child some of whose limbs or
organs have been formed to miscarry, if such miscarriage is not caused in good faith for
the purpose of saving the life of the woman, is said to cause Isqat-i-janin.
Explanation: A woman who causes herself to miscarry is within the meaning of this
section.
|
| |
|
338-C.
| Punishment for Isqat-i-janin:
Whoever causes isqat-i-ianin shall be liable to:-
|
(a)
|
one-twentieth of the diyat if the child is born dead; |
|
(b)
|
full diyat if the child is born alive but dies as a result of any act of the offender; and |
|
(c)
|
imprisonment of either description for a term which may extend to seven years as
ta'zir:
|
Provided that, if there are more than one child in the womb of the woman, the offender
shall be liable to separate diyat or ta'zir, as the case may be/for every such child:
Provided further that if, as a result of isqat-i-fanin, any hurt is caused to the woman or she
dies, the offender shall also be liable to the punishment provided for such hurt or death, as
the case may be.
|
| |
|
338-D.
| Confirmation of sentence of death by way of qisas or tazir, etc.:
A sentence of
death awarded by way of qisas or ta'zir, or a sentence of qisas awarded for causing hurt,
shall not be executed, unless it is confirmed by the High Court. |
| |
|
338-E.
| Waiver or compounding of offences:
|
(1)
|
Subject to the provisions of this
Chapter and Section 345 of the Code of. Criminal Procedure, 1898 (V of 1898), all
offences under this Chapter may be waived or compounded and the provisions of
Sections 309 164[, 310 and 311] 164 shall, mutatis mutandis, apply to the waiver or compounding of such
offences:
Provided that, 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 the nature of the offence. 165[:] 165
166[
Provided further that where an offence under this Chapter has
been committed and the principle of fasad-fil-arz is attracted,
the court having regard to the facts and circunstances of the case
shall punish an offender with imprisonment or fine as provided for
that offence.
] 166
|
| |
|
(2)
|
All questions relating to waiver or compounding of an offence or awarding of
punishment under Section 310, whether before or after the passing of any sentence, shall
be determined by trial Court:
Provided that where the sentence of qisas or any other sentence is waived or
compounded during the pendency of an appeal, such questions may be determined by the
trial Court.
|
| |
|
| |
|
338-F.
| Interpretation:
In the interpretation and application of the provisions of this
Chapter, and in respect of matter ancillary or akin thereto, the Court shall be guided by the
Injunctions of Islam as laid down in the Holy Qur'an and Sunnah. |
| |
|
338-G.
| Rules:
The Government may, in consultation with the Council of Islamic ideology,
by notification in the official Gazette, make such rules as it may consider necessary for
carrying out the purposes of this Chapter. |
| |
|
338-H.
| Saving:
Nothing in this Chapter, except Sections 309, 310 and 338-E, shall apply
to cases pending before any Court immediately before the commencement of the Criminal
Law (Second Amendment) Ordinance, 1990 (VII of 1990), or to the offences committed
before such commencement. |
| |
]
|
425.
| Mischief:
Whoever, with intent to cause, or knowing that he is likely to cause,
wrongful loss or damage to the public or to any person, causes the destruction of any
property or any such change in any property or in the situation thereof as destroys or
diminishes its value or utility, or affects it injuriously, commits "mischief".
Explanation 1: It is not essential to the offence of mischief that the offender should intend
to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if
he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any
person by injuring any property, whether it belongs to that person or not.
Explanation 2: Mischief may be committed by an act effecting property belonging to the
person who commits the act, or to that person and others jointly.
Illustrations
|
(a)
|
A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss
to Z. A has committed mischief.
|
| |
|
(b)
|
A introduces water into an ice-house, belonging to Z and thus causes the ice to melt,
intending wrongful loss to Z. A has committed mischief.
|
| |
|
(c)
|
.A, voluntarily throws into a river a ring belonging to Z with the intention of thereby
causing wrongful loss to Z. A has committed mischief.
|
| |
|
(d)
|
A, knowing that his effects are about to be taken in execution in order to satisfy a debt
due from him to Z, destroys those effects, with the intention of thereby preventing Z from
obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed
mischief.
|
| |
|
(e)
|
A having insured a ship, voluntarily causes the same to be cast away with the intention
of causing damage to the underwriters. A has committed mischief.
|
| |
|
(f)
|
A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent
money on bottom on the ship. A has committed mischief.
|
| |
|
(g)
|
A, having joint property with Z in a horse, shoots the horse, intending thereby to cause
wrongful loss to Z. A has committed mischief.
|
| |
|
(h)
|
A causes cattle to enter upon a field belonging to Z, intending to cause and knowing
that he is likely to cause damage to Z's crop. A has committed mischief.
|
| |
|
| |
|
426.
| Punishment for mischief:
Whoever commits mischief shall be punished with
imprisonment of either description for a term which may extend to three months, or with
fine, or with both. |
| |
|
427.
| Mischief causing damage to the amount of fifty rupees:
Whoever commit
mischief and thereby causes loss or damage to the amount of fifty rupees or upwards,
shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both. |
| |
|
428.
| Mischief by killing or maiming animal of the value of ten rupees:
Whoever
commits mischief by killing, poisoning, maiming or rendering useless any animal of the
value of ten rupees or upwards, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both. |
| |
|
429.
| Mischief by killing or maiming cattle, etc., of any value or any animal of the
value of fifty rupees:
Whoever commits mischief by killing, poisoning, maiming or
rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever
may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall
be punished with imprisonment of either description for a term which may extend to five
years, or with both. |
| |
|
430.
| Mischief by injury to works of irrigation or by wrongfully diverting water:
Whoever commits mischief by doing any act which causes, or which he knows to be likely
to cause, a diminution of the supply of water for agricultural purposes, or for food or drink
for human beings or for animals which are property, or for cleanliness or for carrying on
any manufacture, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both. |
| |
|
431.
| Mischief by injury to public road, bridge, river or channel:
Whoever commits
mischief by doing any act which renders or which he knows to be likely to render any
public road, bridge, navigable river or navigable channel, natural or artificial, impassable
or less safe for travelling or conveying property, shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with both. |
| |
|
432.
| Mischief by causing inundation or obstruction to public drainage attended with
damage:
Whoever commits mischief by doing any act which causes or which he knows to
be likely to cause an inundation or an obstruction to any public drainage attended with
injury or damage, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both. |
| |
|
433.
| Mischief by destroying, moving or rendering less useful a light-house or seamark:
Whoever commits mischief by destroying or moving any light-house or other light
used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for
navigators, or by any act which renders any such light-house, sea-mark, buoy or other
such thing as aforesaid jess useful as a guide for navigators, shall be punished with
imprisonment of either description for a term which may extend to seven years, or with
fine, or with both. |
| |
|
434.
| Mischief by destroying or moving, etc., a landmark fixed by public authority:
Whoever commits mischief by destroying or moving any landmark fixed by the authority of
a public servant, or by any act which renders such landmark less useful as such, shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine, or with-both. |
| |
|
435.
| Mischief by fire or explosive substance with intent to cause damage to amount
of one hundred rupees or (in case of agricultural produce) ten rupees:
Whoever
commits mischief by fire or any explosive substance, intending to cause, or knowing it to
be likely that he will thereby cause damage to any property to the amount of one hundred
rupees or upwards 207[or (where the property is agricultural produce) ten rupees or upwards] 207
shall be punished with imprisonment of either description for a term which 208[shall not be less
than two years nor more than] 208 seven years, and shall also be liable to fine. |
| |
|
436.
| Mischief by fire or explosive substance with intent to destroy house, etc.:
Whoever commits mischief by fire or any explosive substance, intending to cause, or
knowing it to be likely that he with thereby cause, the destruction of any building which is
ordinarily used as a place of worship or as a human dwelling or as a place for the custody
of property shall be punished with imprisonment for life, or with imprisonment of either
description for a term which 209[shall not be less than three years nor more than] 209 ten years,
and shall also be liable to fine. |
| |
|
437.
| Mischief with intent to destroy or make unsafe a decked vessel or one of
twenty tons burden:
Whoever commits mischief, to any decked vessel or any vessel of a
burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing ft to
be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine. |
| |
|
438.
| Punishment for the mischief described in Section 437 committed by fire or
explosive substance:
Whoever commits, or attempts to commit, by fire or any explosive
substance, such mischief as is described in the last preceding section, shall be punished
with imprisonment for life or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine. |
| |
|
439.
| Punishment for intentionally running vessel aground or ashore with intent to
commit theft, etc,:
Whoever intentionally runs any vessel aground or ashore, intending to
commit theft of any property contained therein or to' dishonestly misappropriate any such
property, or with intent that such theft or misappropriation of property may be committed,
shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine. |
| |
|
440.
| Mischief committed after preparation made for causing death or hurt:
Whoever
commits mischief, having made preparation for causing to any person death, or hurt, or
wrongful restraint, or fear of death, or of hurt, or of wrongful restraint shall be punished
with imprisonment of either description for a term which may extend to five years, and
shall also be liable to fine. |
| |
|
441.
| Criminal trespass:
Whoever enters into or upon property in the possession of
another with intent to commit an offence or to intimidate, insult or annoy any person in
possession of such property, or, having lawfully entered into or upon such property,
unlawfully remains there with intent thereby to intimidate, insult or annoy any such person,
or with intent to commit an offence, is said to commit "criminal trespass". |
| |
|
442.
| House-trespass:
Whoever commits criminal trespass by entering into or
remaining in any building, tent or vessel used as a human dwelling or any building used as
a place for worship, or as a place for the custody of property, is said to commit "house-trespass".
Explanation: The introduction of any part of the criminal trespasser's body is entering
sufficient to constitute house trespass.
|
| |
|
443.
| Lurking house-trespass:
Whoever commits house-trespass having taken
precautions to conceal such house-trespass from some person who has a right to exclude
or eject the trespasser from the building, tent or vessel which is the subject of the
trespass, is said to commit "lurking house-trespass". |
| |
|
444.
| Lurking house-trespass by night:
Whoever commits lurking house-trespass after
sunset and before sunrise, is said to commit 'lurking house-trespass by night". |
| |
|
445.
| House-breaking:
A person is said to commit "house-breaking" who commits housetrespass
if he effects his entrance into the house or-any part of it in any of the six ways
hereinafter described; or if, being in the house or any part of it for the purpose of
committing an offence, or, having committed an offence therein, he quits the house or any
part of it in any of such six ways, that is to say:
|
First:
|
If he enters or quits through a passage made by himself, or by any abettor of the
house-trespass, in order to the committing of the house-trespass.
|
|
Secondly:
|
If he enters or quits through any passage not intended by any person, other
than himself or an abettor of the offence, for human entrance; or through any passage to
which he has obtained access by scaling or climbing over any wall or building.
|
|
Thirdly:
|
If he enters or quits through any passage which he or any abettor of the housetrespass
has opened, in order to the committing of the house-trespass by any means by
which that passage was not intended by the occupier of the house to be-opened.
|
|
Fourthly:
|
If he enters or quits by opening any lock in order to the committing of the house-trespass,
or in order to the quitting of the house after a house-trespass.
|
|
Fifthly:
|
if he effects his entrance or departure by using criminal force of committing an
assault, or by threatening any person with assault.
|
|
Sixthly:
|
If he enters or quits any passage which he knows to have been fastened against
such entrance or departure, and to. have been fastened by himself or by an abettor of the
house-trespass.
|
Explanation: Any out-house or building occupied with a house, and between, which and.
such house there is an immediate internal communication, is part of the house within the
meaning of this section.
Illustrations
|
(a)
|
A commits house-trespass by making a hole through the wall of Z's house, and putting
his hand through the aperture. This is house breaking.
|
| |
|
(b)
|
A commits house-trespass by creeping into a ship at a port hole between decks. This
is house-breaking.
|
| |
|
(c)
|
A commits house-trespass by entering Z's house through a window. This is house-breaking. |
| |
|
(d)
|
A commits house-trespass by entering Z's house through the door, having opened a
door, which was fastened. This is house-breaking.
|
| |
|
(e)
|
A commits house-trespass by entering Z's house through the door having lifted a latch
by putting a wire through a hole in the door. This is house-breaking.
|
| |
|
(f)
|
A finds the key of Z's house door, which Z had lost, and commits house-trespass by
entering Z's house, having opened the door with that key. This is house-breaking.
|
| |
|
(g)
|
Z is standing in his doorway. A forces a passage by knowing Z down, and commits
house-trespass by entering the house. This is house-breaking.
|
| |
|
(h)
|
Z, the door-keeper of Y is standing in Y's doorway. A commits house-trespass by
entering the house, having deterred Z from opposing him by threatening to beat him. This
is house-breaking.
|
| |
|
| |
|
446.
| House-breaking by night:
Whoever commits house-breaking after sunset and
before sunrise, is said to commit "house-breaking by night." |
| |
|
447.
| Punishment for criminal trespass:
Whoever commits criminal trespass shall be
punished with imprisonment of either description for a term which may extend to three
months, or with fine which may extend to 210[one thousand five hundred rupees] 210, or with both. |
| |
|
448.
| Punishment for house-trespass:
Whoever commits house-trespass shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine which may extend to 211[three thousand rupees] 211, or with both. |
| |
|
449.
| House-trespass in order to commit offence punishable with death:
Whoever
commits house-trespass in order to the committing of any offence punishable with death,
shall be punished with imprisonment for life, or with rigorous imprisonment for a term not
exceeding ten years, and shall also be liable to fine. |
| |
|
450.
| House-trespass In order to commit offence punishable with imprisonment for
life:
Whoever commits house-trespass in order to the committing of any offence
punishable with imprisonment for life, shall be punished with imprisonment of either
description for a term not exceeding ten years, and shall also be liable to fine. |
| |
|
451.
| House-trespass in order to commit offence punishable with imprisonment:
Whoever commits house trespass in order to the committing of any offence punishable
with imprisonment, shall be punished with imprisonment of either description for a term
which may extend to two years, and shall also be liable to fine; and if the offence intended
to be committed is theft, the term of the imprisonment may be extended to seven years. |
| |
|
452.
| House-trespass after preparation for hurt, assault or wrongful restraint:
Whoever commits house-trespass having made preparation for causing hurt to any person
or for assaulting any person, or for wrongfully restraining any person, or for putting any
person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine. |
| |
|
453.
| Punishment for lurking house-trespass or house-breaking:
Whoever commits
lurking house-trespass or house-breaking, shall be punished with imprisonment of either
description for a term which may extend to two years, and shall also be liable to fine. |
| |
|
454.
| Lurking house-trespass or house-breaking in order to commit offence
punishable with imprisonment:
Whoever commits lurking house-trespass or housebreaking,
in order to the committing of any offence punishable with imprisonment, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine, and if the offence intended to be committed is theft,
the term of the imprisonment may be extended to ten years. |
| |
|
455.
| Lurking house-trespass or house-breaking after preparation for hurt, assault or
wrongful restraint:
Whoever commits lurking house-trespass, or house-breaking, having
made preparation for causing hurt to any person, or for assaulting any person, or for
wrongfully restraining any person, or for putting any person in fear of hurt or of assault or
of wrongful restraint, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine. |
| |
|
456.
| Punishment for lurking house-trespass or house-breaking by night:
Whoever
commits lurking house-trespass by night or house-breaking by night, shall be punished
with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine. |
| |
|
457.
| Lurking house-trespass or house-breaking by night in order to commit offence
punishable with imprisonment:
Whoever commits lurking house-trespass by night, or
house-breaking by night, in order to the committing of any offence punishable with
imprisonment, shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; and, if the offence intended to be
committed is theft, the term of the imprisonment may be extended to fourteen years. |
| |
|
458.
| Lurking house-trespass or house-breaking by night after preparation for hurt,
assault or wrongful restraint:
Whoever commits lurking house-trespass by night or
house-breaking by night, having made preparation for causing hurt to any person, or for
assaulting any person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment
of either description for a term which may extend to fourteen years, and shall also be
liable to fine. |
| |
|
457.
| Lurking house-trespass or house-breaking by night in order to commit offence
punishable with imprisonment:
Whoever commits lurking house-trespass by night, or
house-breaking by night, in order to the committing of any offence punishable with
imprisonment, shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; and, if the offence intended to be
committed is theft, the term of the imprisonment may be extended to fourteen years. |
| |
|
458.
| Lurking house-trespass or house-breaking by night after preparation for hurt,
assault or wrongful restraint:
Whoever commits lurking house-trespass by night or
house-breaking by night, having made preparation for causing hurt to any person, or for
assaulting any person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment
of either description for a term which may extend to fourteen years, and shall also be
liable to fine. |
| |
|
463.
| Forgery:
Whoever makes any false document or part of a document, with intent to
cause damage or injury, to the public or to any person, or to support any claim or title, or
to cause any person to part with property, or to enter into any express or implied contract,
or with intent to commit fraud or that fraud may be committed, commits forgery. |
| |
|
464.
| Making a false document:
A person is said to make a false document:
|
First:
|
Who dishonestly or fraudulently makes, signs, seals or executes a document or part
of a document, or makes any mark denoting the execution of a document, with the
intention of causing it to be believed that such document or part of a document was made,
signed, sealed or executed by the authority of a person by whom or by whose authority he
knows that it was not made, signed, sealed or executed, or at a time at which he knows
that it was not made, signed, seated or executed; or
|
|
Secondly:
|
Who, without lawful authority, dishonesty or fraudulently, by cancellation or
otherwise, alters a document in any material part thereof, after it has been made "or
executed either by himself or by any other person, whether such person be living or dead
at the time of such alteration; or
|
|
Thirdly:
|
Who dishonestly or fraudulently causes any person to sign, seal, execute or later
a document, knowing that such person by reason of unsoundness of mind or intoxication
cannot, or that. by reason of deception practised upon him, he does not know the contents
of the document or the nature of the alteration.
|
Illustrations
|
(a)
|
A has a letter of credit upon B for rupees 10,0OO, written by Z. A, in order to defraud
E, adds a cipher to the 10,000 and makes the sum 10,000, intending that it may be
believed by B that Z so wrote the letter, A has committed forgery.
|
| |
|
(b)
|
A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance
of an estate from Z to A, with the intention of selling the estate to B and thereby of
obtaining from B the purchase-money. A has committed forgery.
|
| |
|
(c)
|
A picks up a cheque on a banker signed by B, payable to bearer, but without any sum
having been inserted in the cheque. A fraudulently tills up the cheque by inserting the sum
of ten thousand rupees. A commits forgery.
|
| |
|
(d)
|
A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the
sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten
thousand rupees for the purpose of making certain payments. B fraudulently fills up the
cheque by inserting the sum of twenty thousand rupees. B commits forgery.
|
| |
|
(e)
|
A draws a bill of exchange on himself in the name of B without B's authority, intending
to discount it as. a genuine bill with a banker and intending to take up the bill on its
maturity. Here, as A draws the bill with intent to deceive the banker by leading him to
suppose that he had the security of B, and thereby to discount the bill, A is guilty of
forgery.
|
| |
|
(f)
|
Z's will contains these words: "I direct that all my remaining property be equally divided
between A, B and C." A dishonestly scratches out B's name, intending that it may be
believed that the whole was left to himself and C. A has committed forgery.
|
| |
|
(g)
|
A endorses a Government promissory-note and makes it payable to Z or his order by
writing on the bill the words "Pay to Z or his order" and signing the endorsement. B
dishonestly erases the words "Pay to Z or his order" and thereby converts the special
endorsement into a blank endorsement. B commits forgery.
|
| |
|
(h)
|
A sells and conveys an estate to Z, A afterwards, in order to defraud Z of his estate'
executes a conveyance of the same estate to B, dated six months earlier than the date of
the conveyance to Z, Intending it to be believed that he had conveyed the estate to B
before he conveyed it to Z. A has committed forgery.
|
| |
|
(i)
|
Z dictates his will to A. A intentionally writes down a different legatee from the legatee
named by Z, and by representing to Z, that he has prepared the will according to his
instructions, Induces Z to sign the will. A has committed forgery.
|
| |
|
(j)
|
A writes a letter and signs it with B's name without B's authority, certifying that A is a
man of good character and distressed circumstances from unforeseen misfortune,
intending by means of such letter to obtain alms from Z and other persons. Here, as A
made false document in order to induce Z to part with property, A has committed forgery.
|
| |
|
(k)
|
A without B's authority writes a letter and signs it in B's name certifying to A's
character, intending thereby to obtain employment under Z. A has committed forgery
inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to
enter into an express or implied contract for service.
|
| |
Explanation 1: A man's signature of his own name may amount to forgery.
Illustrations
|
(a)
|
A signs his own name to a bill of exchange, intending that it may be believed that the
bill was drawn by another person of the same name. A has committed forgery.
|
| |
|
(b)
|
A writes the word "accepted" on a piece of paper and sings it with Z's name, in order
that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,
knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of
forgery.
|
| |
|
(c)
|
A picks up a bill of exchange payable to the order of a different person of the same
name A endorses the bill in his own name, intending to cause it to be believed that it was
endorsed by the person to whose order it was payable, here A has committed forgery.
|
| |
|
(d)
|
A purchases an estate sold under execution of a decree against B. B after the seizure
of the estate, in collusion With Z, executes a lease of the estate to Z at a nominal rent and
for a long period and dates the lease six months prior to the seizure, with intent to defraud
A, and to cause it to be believed that the lease was granted before the seizure. S, though
he executes the lease in his own name, commits forgery by antedating it.
|
| |
|
(e)
|
A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with
intent to defraud his creditors and in order to give a colour to the transaction, writes a
promissory-note binding himself to pay to B a sum for value received, and antedates that
note, intending that it may be believed to have been made before A was on the point of
insolvency. A has committed forgery under the first head of the definition.
|
| |
Explanation 2: The making of a false document in the name of a fictitious person,
intending it to be believed that the document was made by a real person, or in the name of
a deceased person, intending it to be believed that the document was made by the person
in his lifetime, may amount to forgery.
Illustration
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the
name of such fictitious person with intent to negotiate it. A commits forgery.
|
| |
|
465.
| Punishment for forgery:
Whoever commits forgery shall be punished with
imprisonment of either description for a term, which may extend to two years, or with fine,
or with both. |
| |
|
466.
| Forgery of record of Court or of public register, etc.:
Whoever forges a document,
purporting to be a record or proceeding of or in a Court of Justice, or a register of birth,
baptism, marriage or burial or a register kept by a public servant as such, or a certificate
or document purporting to be made by public servant in his official capacity, or an
authority to institute or defend a suit, or to take any proceedings therein or to confess
judgment, or a power-of-attorney, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine. |
| |
|
467.
| Forgery of valuable security, will, etc.:
Whoever forges a document which purports
to be a valuable security, or a will, or an authority to adopt a son, or which purports to give
authority to any person to make or transfer any valuable security, or to receive the
principal, interest or dividends thereon, or to receive or deliver any money, movable
property, or valuable security, or any document purporting to be as acquaintance or
receipt acknowledging the payment of money, or an acquaintance or receipt for the
delivery of any movable property or valuable security, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine. |
| |
|
468.
| Forgery for purpose of cheating:
Whoever commits forgery, intending that, the
document forged shall be used for the purpose of cheating, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shaft
also be liable to fine. |
| |
|
469.
| Forgery for purpose of harming reputation:
Whoever commits forgery, intending
that the document forged shall harm the reputation of any party, or knowing that it is likely
to be used for that purpose, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine. |
| |
|
470.
| Forged document:
A false document made wholly or in part by forgery is designated
"a forged document". |
| |
|
471.
| Using as genuine a forged document:
Whoever fraudulently or dishonestly uses
as genuine any document which he knows or has reason to believe to be a forged
document, shall be punished in the same manner as if he had forged such document. |
| |
|
472.
| Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable under Section 467:
Whoever makes or counterfeits any seal, plate or other
instrument for making an impression, intending that the same shall be used for the
purpose of committing any forgery which would be punishable under Section 467 of this
Code, or with such intent, has in his possession any such seal, plate or other instrument,
knowing the same to be counterfeit, shall be punishable with imprisonment for life, or with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine. |
| |
|
473.
| Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable otherwise:
Whoever makes or counterfeits any seal, plate or other
instrument for making an impression, intending that the same shall be used for the
purpose of committing any forgery which would be punishable under any section of this
chapter other than Section 467, or such intent, has in his possession any such seal, plate
or other instrument, knowing the same to be counterfeit, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine. |
| |
|
474.
| Having possession of document described in Section 466 or 467 knowing it to
be forged and intending to use it as genuine:
Whoever has in his possession any
document knowing the same to be forger and intending that the same shall fraudulently or
dishonestly be used as genuine, shall, if the document is one of the description mentioned
in Section 466 of this Code, be-punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine and if the document is
one of the description mentioned in Section 467; shall be punished with imprisonment for
life, or with imprisonment of either description, for a term which may extend to seven
years, and shall also be liable to fine. |
| |
|
475.
| Counterfeiting device or mark used for authenticating documents described in
Section 467, or possessing counterfeit marked material:
Whoever counterfeits
upon, or in the substance of, any material, any device or mark used for the purpose of
authenticating any document described in .'Section 467 of this Code, intending that such
device or mark shall be used for the purpose of giving the appearance of authenticity to
any document then forged or thereafter to be forged on such material, or who, with such
intent, has in his possession any material upon or in the substance of which any such
device or mark has been counterfeit, shall be punished with imprisonment for fife, or with
imprisonment of either description, for a term which may extend to seven years, and shall
also be liable to fine. |
| |
|
476.
| Counterfeiting device or mark used for authenticating documents other than
those described in Section 467, or possessing counterfeit marked material:
Whoever counterfeits upon, or in the substance of, any material, any device or mark used
for the purpose of authenticating any document other than the documents described in
Section 467 of this Code, Intending that device or mark shall be used for the purpose of
giving the appearance of authenticity to any document then forged or thereafter to be
forged on such material, or who, with such intent, has in his possession any material upon
or in the substance of which any such device or mark has been counterfeited, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine. |
| |
|
477.
| Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable
security:
Whoever fraudulently or dishonestly, or with intent to cause damage or injury to
the public or to any person, cancels, destroys or defaces or attempts to cancel, destroy or
deface or secretes or attempts to secrete any document which is or purports to be a will,
or an authority to adopt a son, or any valuable security, or commits mischief in respect to
such document, shall be punished with imprisonment for life or with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine. |
| |
1
Sub-section (1)
substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
2
The following was omitted by A.O. 1961, Art. 2 and Sch. : "
".
3
Substituted
by A.O. 1949, Sch..
4
Sub-section (3)
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
5
Illustration (b)
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
6
Substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) for Illustration (c).
7
Substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
8
The following was omitted by A.O. 1961, Art. 2 and Sched : :
|
13.
| Definition of "Queen"
|
| |
9
The following was omitted by A.O. 1937 : :
|
15.
| Definition of "British-India"
|
| |
|
16.
| Definition of "Government of India"
|
| |
10
The following was omitted by A.O. 1937 : :
|
18.
| Definition of Presidency.
|
| |
11
Sub-clause (a)
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
12
Sub-clause (c)
omitted
by Federal Laws (Revision and Declaration) Act 1951 (26 of 1951), Section 3 and Schedule.
13
Sub-clause (d)
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
14
Illustration
omitted
by A.O., Article 2 and Sched..
15
Sub-clause numbered 'first'
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
16
Inserted
by Penal Code (Amendment) Act, VIII of 1942.
17
Substituted
by Criminal Law (Amendment) Act, 1997 (II of 1997).
18
Inserted
by Criminal Law (Amendment) Act, 1997 (II of 1997).
19
Inserted
by Criminal Law (Amendment) Act, 1997 (II of 1997).
20
Substituted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 2 for : ".".
21
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 2.
22
Inserted
by A.O. 1937.
23
The following was omitted by Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950) : :
|
56.
| Sentence of Europeans and Americans to penal servitude:
|
| |
24
The following was omitted by Law Reforms Ordinance, XII of 1972, S. 2 : :
|
58.
| Offenders sentenced to transportation how dealt with until, transported:
|
| |
|
59.
| Transportation instead of imprisonment:
|
| |
25
The following was omitted by Penal Code (Amendment) Act, XVI of 1921, S. 4 : :
|
61.
| Sentence of forfeiture of property:
|
| |
|
62.
| Forfeiture of property, in respect of offenders punishable with death, transportation or
imprisonment:
|
| |
26
Sub-clause (b)
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
27
Substituted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 2 for : "seven".
28
Substituted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 2 for : "seven".
29
Substituted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 3 for : "seven".
30
Substituted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 3 for : "twelve".
31
Substituted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 3 for : "seven".
32
Substituted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 3 for : "twelve".
33
Inserted
by Penal Code Amendment Act, 1898 (IV of 1898).
34
Inserted
by Criminal Law (Amendment) Act, 1997 (II of 1997).
35
Inserted
by Criminal Law (Amendment) Act, VIII of 1913.
36
Inserted
by Penal Code (Amendment) Act, 1870 (XXVII of 1870).
37
Inserted
by Pakistan Penal Code (Amendment) Act, 1950 (VI of 1950).
38
Inserted
by Criminal Law (Second Amendment) Ordinance, 1984 (XLIII of 1984).
39
Inserted
by Penal Code (Amendment) Act, 1870 (XXVII of 1870).
40
The following was omitted by Act II of 1988 : "Asiatic".
41
The following was omitted by Act II of 1988 : "Asiatic".
42
Substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
43
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
44
The following was omitted by Amending Act, 1934 (XXXV of 1934), Section 2 and Sched : :
|
138-A
| Application of foregoing sections to the Indian Marine Service:
|
| |
45
Substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
46
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
47
Inserted
by Criminal Law (Amendment) Act, 1973 (VI of 1973), S. 2.
48
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
49
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one hundred rupees".
50
Inserted
by Prevention of Corruption Laws (Amendment) Act (XIII of 1977), S.2 and Sch..
51
Inserted
by Criminal Law (Amendment) Act, XXXVII of 1953.
52
Inserted
by Pakistan Penal Code (Amendment) Ordinance, LIX of 1962.
53
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 3.
54
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 3.
55
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
56
Inserted
by Election Offence and Inquiries Act. XXXIX of 1920.
57
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
58
Inserted
by Criminal Law (Third Amendment) Ordinance LIV of 1984.
59
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
60
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
61
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
62
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
63
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
64
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
65
Substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
66
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
67
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
68
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
69
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
70
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
71
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
72
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
73
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five thousand".
74
Substituted
by Criminal Laws (Amendment) Act, 2017 (IV of 2017), Section 2(1) for : "extend to
six months, or with fine which may extend to
75[three thousand rupees]
75, or with both.".
75
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
76
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
77
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
78
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
79
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 4.
80
Substituted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 4(a)(i) for : "three months".
81
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
82
Substituted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 4(a)(ii) for : "one thousand five hundred".
83
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 4(b).
84
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
85
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
86
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
87
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
88
Illustration
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
89
Illustrations
omitted
by Code of Criminal Procedure Act, X of 1882.
90
Inserted
by Criminal Law (Amendment) Act, III of 1894.
91
The following was omitted by Penal Code (Amendment) Act, VIII of 1942, S.3 : :
|
216-B.
| Definition of "harbour" in Sections 212, 216 and 216-A.
|
| |
92
Inserted
by Criminal Law (Amendment) Act, X of 1886.
93
The following was omitted by Law Reforms Ordinance, XII of 1972, Section 2 and Sched. : :
|
226.
| Unlawful return from transportation.
|
| |
94
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
95
Illustrations (d) and (e)
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
96
Words
omitted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
97
Inserted
by Criminal Law (Amendment) Act, III of 1895.
98
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
99
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
100
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
101
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
102
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
103
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
104
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
105
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
106
Substituted
by Ord. III of 1980.
107
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
108
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
109
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
110
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
111
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
112
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
113
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
114
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
115
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
116
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
117
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
118
Inserted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 4.
119
The following was omitted by Criminal Laws (Amendment) Act 2023 (XXXVII of 2023), Section 13 : :
|
292B.
| Child pornography.
|
(1)
|
Whoever takes, permits to be taken, with or without the consent of the child or with or without the consent of his parents
or guardian, any photograph, film, video, picture or representation, portrait, or computer-generated image or picture, whether
made or produced by electronic , mechanical , or other means , of obscene or sexually explicit conduct, where,-
|
(a)
|
the production of such visual depiction involves the use
of a minor boy or girl engaging in obscene or sexually explicit conduct;
|
|
(b)
|
such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from,
that of a minor engaging in obscene or sexually explicit conduct; or
|
|
(c)
|
such visual depiction has ben created, adapted, or modified to appear that an identifiable minor is engaging in obscene or
sexually explicit conduct;
|
is said to have committed an offence of child pornography.
|
| |
|
(2)
|
The preparation, possession or distribution of any data store on a computer disk or any other modern gadget, shall also be
an offence under this section.
|
| |
|
| |
|
292C.
| Punishment for child pornography.
Whoever commits an offence of child pornography shall be punished with imprisonment of either description for a term which
shall not be less than 120[fourteen years and may extend up to twenty years and with fine which shall not be less than one million rupees] 120, or with both. |
| |
120
Substituted
by Criminal Laws (Amendment) Act, 2018 (XXVII of 2018), Section 2 for : "two years and may extend upto seven years, or with fine which shall not be less than two hundred thousand
rupees, and may extend upto seven hundred thousand rupees".
121
Inserted
by Pakistan Penal Code (Amendment) Act, XXVII of 1970.
122
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
123
Inserted
by Pakistan Penal Code (Amendment) Act, XX of 1965.
124
Inserted
by Criminal Law (Amendment) Act, XXV of 1927..
125
Inserted
by P.P.C. (Amendment) Ordinance, I of 1982..
126
Inserted
by Criminal Law (Amendment) Act, III of 1986, S. 2.
127
Substituted
by Criminal Laws (Amendment) Act, 2017 (IV of 2017), Section 2(2) for : :
|
298.
| Uttering words, etc., with deliberate intent to wound religious feelings.
Whoever, with the deliberate intention of wounding the religious feelings of any person,
utters any word or makes any sound in the hearing of that person or makes any gesture in
the sight of that person or places any object in the sight of that person, shall be punished
with imprisonment of either description for a term which may extend to one year or with
fine, or with both. |
| |
128
Inserted
by Pakistan Penal Code (Second Amendment) Ordinance, XLIV of 1980.
129
Inserted
by Anti-lslamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, XX of 1984.
130
Sections 299 to 338H
substituted
by Criminal Law (Amendment) Act, 1997 (II of 1997).
131
Inserted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 2.
132
Inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 2.
133
Colon
substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 3 for Full-stop: ".".
134
Inserted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 3.
135
Proviso
inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 3.
136
Inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 4.
137
Substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(a) for : "fourteen years".
138
Substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(a) for : "fourteen years".
139
Substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(b) for : "fourteen years".
140
Substituted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 4 for : ".".
141
Inserted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 4.
142
Substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 6 for : :
Provided that giving a female in marriage shall not be a valid badl-i-sulh.
143
Substituted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 5 for : ".".
144
Inserted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 5.
145
Substituted
by Criminal Law (Third Amendment) Act, 2011 (XXVI of 2011), 2.
146
Inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 7.
147
Substituted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 6 for : :
|
311.
| Ta'zir after waiver or compounding of right of qisas in qatl-i-amd:
Notwithstanding anything contained in Section 309 or Section 310, where all the wali do
not waive or compound the right of qisas, or 148[if] 148 the principle of fasad-fil-arz
the Court may, 149[] 149 having regard to the facts and circumstances of the case,
punish an offender against whom the right of qisas has been waived or compounded with
150[death or imprisonment for life or] 150
imprisonment of either description for a term of which may extend to fourteen years as
ta'zir 151[:] 151 152[
Provided that if the offence has been committed in the name or on the pretext of honour, the imprisonment shall not be less than ten
years.
] 152
Explanation: For the purpose of this section, the expression fasad-fil-arz shall include the
past conduct of the offender, or whether he has any previous convictions, or the brutal or
shocking manner in which the offence has been committed which is outrageous to the
public conscience, or if the offender is considered a potential danger to the community 153[, or if the offence has been committed in the name or on the pretext of honour] 153.
|
| |
148
Substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(i) for : "keeping in view".
149
The following was omitted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(ii) : "in its discretion".
150
Inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iii).
151
Colon
substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iv) for Full-stop: ".".
152
Proviso
inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iv).
153
Inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(v).
154
Substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 9 for : "fourteen years".
155
Inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 10.
156
The following was omitted by Criminal Laws (Amendment) Act 2022 (XXXVII of 2022), Section 2 : :
|
325.
| Attempt to commit suicide:
Whoever attempts to commit suicide and does any act
towards the commission of such offence, shall be punished with simple imprisonment for a
term which may extend to one year, or with fine, or with both. |
| |
157
Inserted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 5.
158
Inserted
by Criminal Law (Second Amendment) Act, 2011 (XXV of 2011), Sect. 2(i).
159
Inserted
by Criminal Law (Second Amendment) Act, 2011 (XXV of 2011), Sect. 2(ii).
160
Inserted
by Criminal Law (Second Amendment) Act, 2011 (XXV of 2011), Sect. 3.
161
Inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(a).
162
Colon
substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(b) for Full-stop: ".".
163
Proviso
inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(b).
164
Substituted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 7(a) for : "and 310".
165
Colon
substituted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 12 for Full-stop: ".".
166
Substituted
by Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016 (XLIII of 2016), Section 7(b) for : "
167[
Provided further that where an offence under this Chapter has been committed in the name or on the pretext of honour, such offence
may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties
having regard to the facts and circumstances of the case.
] 167
".
167
Proviso
inserted
by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 12.
168
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
169
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
170
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
171
Inserted
by Criminal Law (Amendment) Ordinance, XXIV of 1984.
172
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
173
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
174
Substituted
by Criminal Law (Amendment) Act, III of 1990 for : "age of ten".
175
Substituted
by Criminal Law (Amendment) Act, III of 1990 for : "age of ten".
176
Inserted
by Criminal Law (Amendment) Act, III of 1990.
177
Inserted
by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 2.
178
The following was omitted by Criminal Law (Amendment) Act, III of 1990, S. 19 : :
|
366.
| Kidnapping, abducting or inducing woman to compel her marriage, etc.:
|
| |
179
Inserted
by Penal Code (Amendment) Act, XX of 1923.
180
Substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
181
Inserted
by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 3.
182
The following was omitted by Prevention of Trafficking in Persons Act, 2018 (XXXIV of 2018), Section 16(3) : "
183[
|
369A.
| Trafficking of human beings.
Whoever involves himself in human trafficking shall be
punished with imprisonment for a term which shall not be less than
five years and may extend upto seven years, or with fine which
shall not be less than five hundred thousand rupees and may extend
upto seven hundred thousand rupees, or with both.
Explanation.-The word "human trafficking" in this section, shall
have the same meaning as is assigned to it in the Prevention and
Control of Human Trafficking Ordinance. 2002(LIX of
2002).
|
| |
]
183".
183
Inserted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 6.
184
Inserted
by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 4.
185
The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :
|
372.
| Selling minor for purposes of prostitution, etc.:
|
| |
|
373.
| Buying minor for purposes of prostitution, etc.:
|
| |
186
Substituted
by Criminal Law (W. P. Amendment) Ordinance, XXXIV of 1969 for : "one year".
187
The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :
|
375.
| Rape:
|
| |
|
376.
| Punishment of rape:
|
| |
188
Inserted
by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 5.
189
Substituted
by Criminal Laws (Amendment) Act 2021 (LVI of 2021), Section 2 for : :
|
375.
| Rape:-
A man is said to commit rape who has sexual
intercourse with a woman under circumstances falling under
any of the five following descriptions,
|
(i)
|
against her will. |
| |
|
(ii)
|
without her consent |
| |
|
(iii)
|
with her consent, when the consent has been
obtained by putting her in fear of death or of
hurt,
|
| |
|
(iv)
|
with her consent, when the man knows that he
is not married to her and that the consent is given
because she believes that the man is another person to
whom she is or believes herself to be married;
or
|
| |
|
(v)
|
With or without her consent when she is under
sixteen years of age.
|
| |
Explanation: Penetration is sufficient to
constitute the sexual intercourse necessary to the offence
of rape.
|
| |
190
Inserted
by Criminal Laws (Amendment) Act 2021 (LVI of 2021), Section 3.
191
Inserted
by Criminal Laws (Amendment) Act 2021 (LVI of 2021), Section 4(a).
192
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 5(a).
193
The following was omitted by Criminal Laws (Amendment) Act 2021 (LVI of 2021), Section 4(b) : :
|
(2)
|
When rape is committed by two or more
persons in furtherance of common intention of all, each
of such persons shall be punished with death or
imprisonment for life.".
|
| |
194
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 5(b).
195
Inserted
by Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 (XLIV of 2016), Section 6.
196
Inserted
by Criminal Law (Second Amendment) Act, 2016 (X of 2016), Section 7.
197
Substituted
by Criminal Laws (Amendment) Act, 2018 (XXVII of 2018), Section 3 for : "may extend to seven
years and liable to fine which shall not be less than five hundred
thousand rupees or with both".
198
Inserted
by Criminal Law (Amemdment) Act, I of 1996.
199
Inserted
by Pakistan Penal Code (Amendment) Act, XVI of 1996.
200
Substituted
by Criminal Laws (Amendment) Ordinance, III of 1980.
201
The following was omitted by Criminal Law (Amendment) Act, VII of 1993 : "".
202
Substituted
by Criminal Laws (Amendment) Ordinance, III of 1980.
203
Substituted
by Unknown.
204
Inserted
by Pakistan Penal Code (Second Amendment) Ordinance. XXX of 1981, S. 2.
205
Substituted
by Criminal Laws (Amendment) Ordinance, XXXIII of 1981 for : "three".
206
Substituted
by Pakistan Penal Code (Amendment) Ordinance, XLI of 1980.
207
Substituted
by Criminal Laws (Amendment) Ordinance, III of 1980.
208
Substituted
by Criminal Laws (Amendment) Ordinance, III of 1980 for : "may extend to".
209
Substituted
by Criminal Laws (Amendment) Ordinance, III of 1980 for : "may extend to".
210
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".
211
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".
212
Substituted
by Criminal Law (Amendment) Act, 1997 (II of 1997).
213
Inserted
by Criminal Law (Amendment) Act, 2011 (XX of 2011).
214
Comma added for clarity because it appears clear from the
context and since there is a comma at the corresponding place in the
subsequent section.
215
Inserted
by Criminal Law (Amendment) Act, 2016 (VI of 2016), Section 2.
216
Inserted
by Criminal Law (Amendment) Act, III of 1895.
217
Substituted
by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).
218
Sections 489-A to 489-D
inserted
by Currency-Notes Foreign Act, XII of 1899, S. 2.
219
Inserted
by Penal Code (Amendment) Act, VI of 1943, S. 2.
220
Inserted
by Criminal Law (Amendment) Ordinance, 2002 (LXXXV of 2002).
221
Inserted
by Criminal Law (Amendment) Act, 2012 (XXIII of 2002), Sect. 2.
222
The following was omitted by Workmen's Breach of Contract (Repealing) Act III of 1925), S. 2 and Schedule : :
|
490.
| Breach of contract of service during voyage or journey
|
| |
223
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".
224
The following was omitted by Workmen's Breach of Contract (Repealing) Act III of 1925), S. 2 and Schedule : :
|
492.
| Breach of contract to serve at distant place to which servant is conveyed at masters
expense:
|
| |
225
The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :
|
493.
| Cohabitation caused by a man deceitfully inducing a belief of lawful marriage:
|
| |
226
Inserted
by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 6.
227
Inserted
by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 7.
228
The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 19 : :
|
497.
| Adultery:
|
| |
|
498.
| Enticing or taking away or detaining with criminal intent a married woman:
|
| |
229
Inserted
by Criminal Law (Third Amendment) Act, 2011 (XXVI of 2011), 3.
230
Substituted
by Criminal Laws (Amendment) Act, 2017 (IV of 2017), Section 2(3) for : ".".
231
Inserted
by Criminal Laws (Amendment) Act, 2017 (IV of 2017), Section 2(3).
232
Proviso
omitted
by Criminal Law (Amendment) Act, IV of 1986.
233
Substituted
by Criminal Law (Amendment) Act, 2010.
234
Substituted
by Criminal Laws (Amendment) Act, 2018 (XVIII of 2018), Section 2(i) for : "twenty-four hours".
235
Substituted
by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "ten rupees".
236
Substituted
by Criminal Laws (Amendment) Act, 2018 (XVIII of 2018), Section 2(ii) for : "thirty rupees".
This digital version of the Pakistan Penal Code is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.
