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Pakistan Penal Code.docx_chunk_0 |
THE PAKISTAN PENAL CODE,1860
Last Amended on 20170216
CONTENTS
SECTIONS:
CHAPTER I INTRODUCTION
Title and extent of operation of the Code.
Punishment of offences committed within Pakistan.
Punishment of offences committed beyond, but which by law may be tried within, Pakistan.
Extension of Code to extraterritorial offences.
Certain laws not to be affected by this Act. CHAPTER II
GENERAL EXPLANATIONS
Definitions in the Code to be understood subject to exceptions.
Sense of expression once explained.
Gender.
Number.
"Man." "Woman."
"Person."
"Public."
[Omitted.]
"Servant of the State."
[Repealed.]
[Repealed.]
"Government."
[Repealed.]
"Judge."
"Court of Justice."
"Public servant."
"Moveable property."
"Wrongful gain."
"Wrongful loss."
Gaining wrongfully. Losing wrongfully.
"Dishonestly."
"Fraudulently."
"Reason to believe."
Property in possession of wife, clerk or servant.
"Counterfeit."
"Document."
"Valuable security."
"A will".
Words referring to acts include illegal omissions.
"Act." "Omission."
Acts done by several persons in furtherance of common intention.
When such an act is criminal by reason of its being done with a criminal knowledge of intention.
Effect caused partly by act and partly by omission.
Cooperation by doing one of several acts constituting an offence.
Persons concerned in criminal act may be guilty of different offences.
"Voluntarily."
"Offence."
"Special law."
"Local law."
"Illegal." "Legally bound, to do."
"Injury."
"Life."
"Death."
"Animal."
"Vessel."
"Year." "Month."
"Section."
"Oath."
"Good faith."
52 A. "Harbour."
Punishments.
CHAPTER III OF PUNISHMENTS
Commutation of sentence of death.
Commutation of sentence of imprisonment for life. 55 A. Saving for President prerogative.
[Repealed.]
Fractions of terms of punishment.
[Omitted.]
[Omitted.]
Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
[Repealed.]
[Repealed.]
Amount of fine.
Sentence of imprisonment for nonpayment of fine.
Limit to imprisonment for nonpayment of fine, when imprisonment and fine awardable.
Description of imprisonment for nonpayment of fine.
Imprisonment for nonpayment of fine, when offence punishable with fine only.
Imprisonment to terminate on payment of fine.
Termination of imprisonment on payment of proportional part of fine.
Fine leviable within six years, or during imprisonment. Death not to discharge property from liability.
Limit of punishment of offence made up of several offences.
Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.
Solitary confinement.
Limit of solitary confinement.
Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.
CHAPTER IV GENERAL EXCEPTIONS
Act done by a person bound, or by mistake of fact believing himself bound, by law.
Act of Judge when acting judicially.
Act done pursuant to the judgment or order of Court.
Act done by a person justified, or by mistake of fact believing himself justified, by law.
Accident in doing a lawful act.
Act likely to cause harm, but done without criminal intent, and to prevent other harm.
Act of a child under seven years of age.
Act of a child above seven and under twelve of immature understanding.
Act of a person of unsound mind.
Act of a person incapable of judgment by reason of intoxication caused against his will.
Offence requiring a particular intent or knowledge committed by one who is intoxicated.
Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
Act not intended to cause death, done by consent in good faith for person's benefit.
Act done in good faith for benefit of child or insane person, by or by consent of guardian.
Provisos.
Consent known to be given under fear or misconception.
Consent of insane person. Consent of child.
Exclusion of acts which are offences independently of harm caused.
Act done in good faith for benefit of a person without consent. Proviso.
Communication made in good faith.
Act to which a person is compelled by threats.
Act causing slight harm.
Of the Right of Private Defence
Things done in private defence.
Right of private defence of the body and of property.
Right of private defence against the act of a person of unsound mind, etc.
99 Acts against which there is no right of private defence. Extent to which the right may be exercised.
When the right of private defence of the body extends to causing death.
When such right extends to causing any harm other than death.
Commencement and continuance of the right of private defence of the body.
When the right of private defence of property extends to causing death.
When such right extends to causing any harm other than death.
Commencement and continuance of the right of private defence of property.
Right of private defence against deadly assault when there is risk of harm to innocent person.
CHAPTER V OF ABETMENT
if offence be committed;
if offence be not committed. |
Pakistan Penal Code.docx_chunk_1 |
Public servant concealing design to commit offence which it is his duty to prevent
if offence be committed;
if offence be punishable with death, etc.; if offence be not committed.
Concealing design to commit offence punishable with imprisonment if offence be committed;
if offence be not committed.
CHAPTER VA CRIMINAL CONSPIRACY
120 A. Definition of criminal conspiracy. 120 B. Punishment of criminal conspiracy.
CHAPTER VI
OF OFFENCES AGAINST THE STATE
Waging or attempting to wage war or abetting waging of war against Pakistan. 121 A. Conspiracy to commit offences punishable by section 121.
Collecting arms, etc., with intention of waging war against Pakistan.
Concealing with intent to facilitate design to wage war.
123 A. Condemnation of the creation of the State, and advocacy of abolition of its sovereignty.
B. Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, etc.
Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.
A. Sedition.
Waging war against any Power in alliance with Pakistan.
Committing depredation on territories of Power at peace with Pakistan.
Receiving property taken by war or depredation mentioned in sections 125 and 126.
Public servant voluntarily allowing prisoner of State or war to escape.
Public servant negligently suffering such prisoner to escape.
Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Unlawful assembly.
Being member of unlawful assembly.
Punishment.
Joining unlawful assembly, armed with deadly weapon.
Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
Rioting.
Punishment for rioting.
Rioting, armed with deadly weapon.
Every member of unlawful assembly guilty of offence committed in prosecution of common object.
Hiring, or conniving at hiring, or persons to join unlawful assembly.
Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.
Assaulting or obstructing public servant when suppressing riot, etc.
Want only giving provocation with intent to cause riot if rioting be committed;
if not committed.
153 A. Promoting enmity between different groups, etc.
153 B. Inducing students, etc., to take part in political activity.
Owner or occupier of land on which an unlawful assembly is held.
Liability of person for whose benefit riot is committed.
Liability of agent of owner or occupier for whose benefit riot is committed.
Harbouring persons hired for an unlawful assembly.
Being hired to take part in an unlawful assembly or riot; or to go armed.
Affray.
Punishment for committing affray.
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Public servant taking gratification other than legal remuneration in respect of an official act.
Taking gratification, in order, by corrupt or illegal means to influence public servant.
Taking gratification, for exercise of personal influence with public servant.
Punishment for abetment by public servant of offences defined in section 162 or 163.
Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant.
165 A. Punishment for abetment of offences defined in sections 161 and 165. 165 B. Certain abettors excepted.
Public servant disobeying law, with intent to cause injury to any person.
Public servant framing an incorrect document with intent to cause injury.
Public servant unlawfully engaging in trade.
Public servant unlawfully buying or bidding for property.
Personating a public servant.
Wearing garb or carrying token used by public servant with fraudulent intent.
CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
171 A. "Candidates" "Electoral right" defined. 171 B. Bribery.
171 C. Undue influence at elections. 171 D. Personation at elections.
171 E. Punishment for bribery.
171 F. Punishment for undue influence or personation at an election. 171 G. False statement in connection with an election.
171 H. Illegal payments in connection with an election. 171 I. Failure to keep election accounts.
171 J. Inducing any person not to participate in any election or referendum, etc.
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
Absconding to avoid service of summons or other proceeding.
Preventing service of summons or other proceeding, or preventing publication thereof.
Nonattendance in obedience to an order from public servant.
Omission to produce document to public servant by person legally bound to produce it.
Omission to give notice or information to public servant by person legally bound to give it.
Furnishing false information.
Refusing oath or affirmation when duly required by public servant to make it.
Refusing to answer public servant authorised to question.
Refusing to |
Pakistan Penal Code.docx_chunk_2 | sign statement.
False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
False information with intent to cause public servant to use his lawful power to the injury of another person.
Resistance to the taking of property by the lawful authority of a public servant.
Obstructing sale of property offered for sale by authority of public servant.
Illegal Purchase or bid for property offered for sale by authority of public servant.
Obstructing public servant in discharge of public functions.
Omission to assist public servant when bound by law to give assistance.
Disobedience to order duly promulgated by public servant.
Threat of injury to public servant.
Threat of injury to induce person to refrain from applying for protection to public servant.
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Public servant in judicial proceeding corruptly making report, etc., contrary to law.
Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
Intentional omission to apprehend on the part of public servant bound to apprehend.
Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.
Escape from confinement or custody negligently suffered by public servant.
Resistance or obstruction by a person to his lawful apprehension.
Resistance or obstruction to lawful apprehension of another person.
225 A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.
225 B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.
[Omitted.]
Violation of condition of remission of punishment.
Intentional insult or interruption to public servant sitting in judicial proceeding.
Personation of a juror or assessor.
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
"Coin" defined. Pakistan coin.
Counterfeiting coin.
Counterfeiting Pakistan coin.
Making or selling instrument for counterfeiting coin.
Making or selling instrument for counterfeiting Pakistan coin.
Possession of instrument or material for the purpose of using the same for counterfeiting coin; if Pakistan coin.
Abetting in Pakistan the counterfeiting out of Pakistan of coin.
Import or export of counterfeit coin.
Import or export of counterfeits of Pakistan coin.
Delivery of coin, possessed with knowledge that it is counterfeit.
Delivery of Pakistan coin possessed with knowledge that it is counterfeit.
Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.
Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed thereof.
Person employed in mint causing coin to be of different weight or composition from that fixed by law.
Unlawfully taking coining instrument from mint.
Fraudulently or dishonestly diminishing weight or altering composition of coin.
Fraudulently or dishonestly diminishing weight or altering composition of
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
Fraudulent use of false instrument for weighing.
Fraudulent use of false weight or measure.
Being in possession of false weight or measure.
Making or selling false weight or measure.
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
Public nuisance.
Negligent act likely to spread infection of disease dangerous to life.
Malignant act likely to spread infection of disease dangerous to life.
Disobedience to quarantine rule.
Adulteration of food or drink intended for sale.
Sale of noxious food or drink.
Adulteration of drugs.
Sale of adulterated drugs.
Sale of drug as a different drug or preparation.
Fouling water of public spring or reservoir.
Making atmosphere noxious to health.
Rash driving or riding on a public way.
Rash navigation of vessel.
Exhibition of false light, mark or buoy.
Conveying person by water for hire in unsafe or overloaded vessel.
Danger or obstruction in public way or line of navigation.
Negligent conduct with respect to poisonous substance.
Negligent conduct with respect to fire or combustible matter.
Negligent conduct with respect to explosive substance.
Negligent conduct with respect to machinery.
Negligent conduct with respect to pulling down or repairing buildings.
Negligent conduct with respect to animal.
Punishment for public nuisance in cases not otherwise provided for.
Continuance of nuisance after injunction to discontinue.
Sale, etc., of obscene books, etc.
292A. Exposure to seduction.
292B. Child pornography.
292C. Punishment for child pornography.
Sale, etc., of obscene objects to young person.
Obscene acts and songs.
29 |
Pakistan Penal Code.docx_chunk_3 | 4 A. Keeping lottery office.
B. Offering of prize in connection with trade, etc.
CHAPTER XV
OF OFFENCES RELATING TO RELIGION
Injuring or defiling place of worship, with intent to insult the religion of any class.
A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
295 B. Defiling, etc., of copy of Holy Quran.
295 C. Use of derogatory remarks, etc., in respect of the Holy Prophet.
Disturbing religious assembly.
Trespassing on burial places, etc.
Uttering words, etc. with deliberate intent to wound religious feelings. 298 A. Use of derogatory remarks, etc., in respect of holy personages.
298 B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places.
298 C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith.
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY OF OFFENCES AFFECTING LIFE
Definitions.
Qatliamd.
Causing death of person other than the person whose death was intended.
Punishment of qatliamd.
337 B. Jurh.
337 C. Jaifah.
337 D. Punishment for jaifah.
337 E. Ghayrjaifah.
337 F. Punishment of ghayrjaifah.
337 G. Punishment for hurt by rash or negligent driving. 337 H. Punishment for hurt by rash or negligent act.
337 I. Punishment for causing hurt by mistake (khata). 337 J. Causing hurt by means of a poison.
337 K. Causing hurt to extort confession, or to compel restoration of property. 337 L. Punishment for other hurt.
337 M. Hurt not liable to qisas.
337 N. Cases in which qisas for hurt shall not be enforced 337 O. Wali in case of hurt.
337 P. Execution of qisas for hurt. 337 Q. Arsh for single organs.
337 R. Arsh for organs in pairs.
337 S. Arsh for organs in quadruplicate. 337 T. Arsh for fingers.
337 U. Arsh for teeth.
337 V. Arsh for hair.
337 W. Merger of arsh.
337 X. Payment of arsh.
337 Y. Value of daman.
Z. Disbursement of arsh or daman.
Isqatihaml.
A. Punishment for isqatihaml. 338 B. Isqatijanin.
338 C. Punishment for isqatijanin.
338 D. Confirmation of sentence of death by way of qisas or tazir, etc. 338 E. Waiver or compounding of offences.
338 F. Interpretation.
338 G. Rules.
338 H. Saving.
CHAPTER XVI A
OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT
Wrongful restraint.
Wrongful confinement.
Punishment for wrongful restraint.
Punishment for wrongful confinement.
Wrongful confinement for three or more days.
Wrongful confinement for ten or more days.
Wrongful confinement of person for whose liberation writ has been issued.
Wrongful confinement in secret.
Wrongful confinement to extort property or constrain to illegal act.
Wrongful confinement to extort confession, or compel restoration of property.
Of Criminal Force and Assault
Of Kidnapping, Abduction, Slavery and Forced Labour
Kidnapping.
Kidnapping from Pakistan.
Kidnapping from lawful guardianship.
Abduction.
Punishments for kidnapping.
Kidnapping or abducting in order to murder.
A. Kidnapping or abducting a person under the age of fourteen.
Kidnapping or abducting with intent secretly and wrongfully to confine person. 365 A. Kidnapping or abducting for extorting property, valuable security, etc.
B. Kidnapping, abducting or inducing woman to compel for marriage etc.
[Repealed.]
A. Procuration of minor girl.
366 B. Importation of girl from foreign country.
Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. 367 A. Kidnapping or abducting in order to unnatural lust.
Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
Kidnapping or abducting child under ten years with intent to steal from its persons.
369A. Trafficking of human beings.
Buying or disposing of any person as a slave.
Habitual dealing in slaves.
371 A. Selling person for purposes of prostitution, etc. 371 B. Buying person for purposes of prostitution, etc.
[Repealed.]
[Repealed.]
Unlawful compulsory labour.
Rape.
Punishment for rape.
Of Rape
376 A. Disclosure of identity of victim of rape, etc.
Of Unnatural Offences
Unnatural offences.
377A. Sexual abuse.
377B. Punishment.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of Theft
Of Robbery and Dacoity
Robbery.
When theft is robbery. When extortion is robbery.
Dacoity.
Punishment for robbery.
Attempt to commit robbery.
Voluntarily causing hurt in committing robbery.
Punishment for dacoity.
Dacoity with murder.
Robbery or dacoity with attempt to cause death or grievous hurt.
Attempt to commit robbery or dacoity when armed with deadly weapon.
Making preparation to commit dacoity.
Punishment for belonging to gang of dacoits.
Punishment for belonging to gang of thieves.
Assembling for purpose of committing dacoity.
OF HIJACKING
402 A. Hijacking.
402 B. Punishment for hijacking.
402 C. Punishment for harbouring hijacker, etc.
402 D. Provincial Government not to interfere in sentences of rape.
Of Criminal Misappropriation of Property
Dishonest misappropriation of property.
Dishonest misappropr |
Pakistan Penal Code.docx_chunk_4 | iation of property possessed by deceased person at the time of his death.
Of Criminal Breach of Trust
Criminal breach of trust.
Punishment for criminal breach of trust.
Criminal breach of trust by carrier, etc.
Criminal breach of trust by clerk or servant.
Criminal breach of trust by public servant, or by banker, merchant or agent.
Of the Receiving of Stolen Property
Stolen property.
Dishonestly receiving stolen property.
Dishonestly receiving property stolen in the commission of a decoity.
Habitually dealing in stolen property.
Assisting in concealment of stolen property.
Of Cheating
Cheating.
Cheating by personation.
Punishment for cheating.
Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.
Punishment for cheating by personation.
Cheating and dishonestly inducing delivery of property.
Of Fraudulent Deeds and Dispositions of Property
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
Dishonestly or fraudulently preventing debt being available for creditors.
Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
Dishonest or fraudulent removal or concealment of property.
Of Mischief
Mischief.
Punishment for mischief.
Mischief causing damage to the amount of fifty rupees.
Mischief by killing or maiming animal of the value of ten rupees.
Mischief by killing or maiming cattle, etc., of any value or any animal of the
value of fifty rupees.
Mischief by injury to works of irrigation or by wrongfully diverting water.
Mischief by injury to public road, bridge, river, or channel.
Mischief by causing inundation or obstruction to public drainage attended with damage.
Mischief by destroying, moving or rendering less useful a lighthouse or sea mark.
Mischief by destroying or moving etc., a landmark fixed by public authority.
Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees.
Mischief by fire or explosive substance with intent to destroy house, etc.
Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.
Punishment for the mischief described in section 437 committed by fire or explosive substance.
Punishment for intentionally running vessel a ground or ashore with intent to commit theft, etc.
Mischief committed after preparation made causing death or hurt.
Of Criminal Trespass
Criminal trespass.
Housetrespass.
Lurking housetrespass.
Lurking housetrespass by night.
Housebreaking.
Housebreaking by night.
Punishment for criminal trespass.
Punishment for housetrespass.
Housetrespass in order to commit offence punishable with death.
Housetrespass in order to commit offence punishable with imprisonment for life.
Housetrespass in order to commit offence punishable with imprisonment.
Housetrespass after preparation for hurt, assault or wrongful restraint.
Punishment for lurking housetrespass or house breaking.
Lurking housetrespass or housebreaking in order to commit offence punishable with imprisonment.
Lurking housetrespass or housebreaking after preparation for hurt, assault or wrongful restraint.
Punishment for lurking housetrespass or house breaking by night.
Lurking housetrespass or housebreaking by night in order to commit offence punishable with imprisonment.
Lurking housetrespass or housebreaking by night after preparation for hurt, assault or wrongful restraint.
Grievous hurt caused whilst committing lurking housetrespass or house breaking.
All Persons jointly concerned in lurking housetrespass or housebreaking by night punishable for qatl or hurt caused by one of them.
Dishonestly breaking open receptacle containing property.
Punishment for same offence when committed by person entrusted with custody.
462A. Definition.
CHAPTER XVII A
OF OFFENCES RELATING TO OIL AND GAS ETC
462B. Tampering with petroleum pipelines, etc.
462C. Tampering with auxiliary or distribution pipelines of petroleum. 462D. Tampering with gas meter by domestic consumer, etc.
462E. Tampering with gas meter by Industrial or commercial consumer, etc. 462F. Damaging or destructing the transmission or transportation lines, etc.
CHAPTER XVII B
OF OFFENCES RELATING TO ELECTRICITY
462G. Definitions.
462H. Abstraction or tampering etc. with transmission.
462I. Abstraction or tampering etc., with distribution or auxiliary.
462J. Interference, improper use or tampering with electric meter by domestic consumer, etc.
462K. Interference, improper use of tampering with electric meter by industrial or commercial, etc.
462L. Interference, improper use or tempering with electric meter by agricultural consumer, etc.
462M. Damaging or destroying or destructing the transmission lines, distribution lines, electric meter etc.
462N. Recovery of outstanding amounts from persons involved in section 462H to 462M offences.
462O. Cognizance.
462P. Overriding effect.
CH |
Pakistan Penal Code.docx_chunk_5 | APTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS
Forgery.
Making a false document.
Punishment for forgery.
Forgery of record of Court or of public register, etc.
Forgery for valuable security, will, etc.
Forgery for purpose of cheating.
Forgery for purpose of harming reputation.
Forged document.
Using as genuine a forged document.
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.
Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine.
Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material.
Counterfeiting device of mark used for authenticating, documents other than those described in section 467, or possessing counterfeit marked material.
Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
477 A. Falsification of accounts.
Of Trade, Property and Other Marks
Trade mark.
Property mark.
Using a false trade mark.
Using a false property mark.
Punishment for using a false trademark or property mark.
Counterfeiting a trade mark or property mark used by another.
Counterfeiting a mark used by a public servant.
Making or possession of any instrument for counterfeiting a trade mark or property mark.
Selling goods marked with a counterfeit trade mark or property mark.
Making a false mark upon any receptacle containing goods.
Punishment for making use of any such false mark.
Tampering with property mark with intent to cause injury.
Of CurrencyNotes and BankNotes 489 A. Counterfeiting currencynotes or banknotes.
489 B. Using as genuine, forged or counterfeit currencynotes or banknotes. 489 C. Possession of forged or counterfeit currencynotes or banknotes.
489 D. Making or possessing instruments or materials for forging or counterfeiting currencynotes or banknotes.
489 E. Making or using documents resembling currencynotes or banknotes. 489 F. Dishonestly issuing a cheque.
489 G. Couterfeting or using documents resembling prize bonds or unauthorized sale thereof.
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
[Repealed.]
Breach of contract to attend on and supply wants of helpless person.
[Repealed.]
[Repealed]
CHAPTER XX
OF OFFENCES RELATING TO MARRIAGE
493 A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
Marrying again during life time of husband or wife.
Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
Marriage ceremony fraudulently gone through without lawful marriage. 496 A. Enticing or taking away or detaining with criminal intent a woman.
496 B. Fornication.
496 C. Punishment for false accusation of fornication.
[Repealed.]
[Repealed.]
CHAPTER XX A
OF OFFENCES AGAINST WOMEN
498 A. Prohibition of depriving women form inheriting property. 498 B. Prohibition of forced marriage.
498 C. Prohibition of marriage with the Holy Quran.
CHAPTER XXI OF DEFAMATION
Defamation.
First Exception
Second Exception
Third Exception
Fourth Exception
Fifth Exception
Sixth Exception
Seventh Exception
Eighth Exception
Ninth Exception
Tenth Exception
Imputation of truth which public good requires to be made or published. Public conduct of public servant.
Conduct of any person touching any public question. Publication of reports of proceedings of Courts.
Merits of case decided in Courts or conduct of witnesses and other concerned. Merits of public performance.
Censure passes in good faith by person having lawful authority over another. Accusation preferred in good faith to authorized person.
Imputation made in good faith by person for protection of his or other's interest.
Caution intended for good or person to whom conveyed or for public good.
Punishment for defamation.
Printing or engraving matter known to be defamatory.
Sale of printed or engraved substance containing defamatory matter. 502 A. Trial of offences under this Chapter.
CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
Criminal intimidation.
Intentional insult with intent to provoke breach of the peace.
Statement conducing to public mischief.
Punishment for criminal intimidation;
if threat be to cause death or grivous hurt, etc.
Criminal intimidation by an anonymous communication.
Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.
Insulting modesty or causing sexual harassment.
Misconduct in public by a drunken person.
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
Punishment for attempting to commit offences punishable with imprisonment for life or for a shorter term.
THE PAKISTAN PENAL CODE
1Act No. XLV OF 1860
CHAPTER 1 INTRODUCTION
[6th October, 1860]
Preamble. WHEREAS it is expedient to provide a general Penal Code for 2 |
Pakistan Penal Code.docx_chunk_6 | [Pakistan] ; It is enacted as follows :
Title and extent of operation of the Code. This Act shall be called the 3[Pakistan] Penal Code, and shall take effect 4* * * throughout 5[Pakistan].
Punishment of offences committed within Pakistan. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within 6[Pakistan] 7* * *.
Punishment of offences committed beyond, but which by law may be tried within, Pakistan. Any persons liable, by any 8[Pakistan Law], to be tried for an offence committed beyond 9[Pakistan] shall be dealt with according to the provision of this Code for any act committed beyond 10[Pakistan] in the same manner as if such act had been committed within 10[Pakistan].
1The Pakistan Penal Code has been declared in force in__
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications ; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area, w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext., dated 161951.
It has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941 and 26 of 1950.
It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
It has also been extended by notification under Article 7 (1) (a) of the N.W.F.P. (Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of 1952), to the added area described in the First Schedule to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, p. 70.
It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan Amdt.) Act, 1963 (W.P. Act 6 of 1963), s. 2 (w.e.f. the 18th April, 1963).
It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan Amdt.) Act, 1964 (W.P. Act 32 of 1964), s. 2 (w.e.f. 2741964). 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f.14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for "British India" .
3Subs. by A. O., 1949, Sch., for "Indian" .
4The words and figures "on and from the first day of May, 1861," rep. by the Amending Act, 1891 (12 of 1891).
5Certain words and figures which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4, have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), to read as above.
6The original words "the said territories" which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4, have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (w.e.f.14th October, 1955), to read as above.
7The words and figures "on or after the said first day of May, 1861" rep. by Act 12 of 1891.
8The original words "Law passed by the G.G. of India in C." have successively been amended by A. O., 1937 and A. O., 1949, Sch., to read as above.
9The original words "the limits of the said territories" have successively been amended by A. O., 1937, Sch., A. O., 1949, and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (w.e.f 14th October' 1955), to read as above.
10The original words "the said territories" previously amended by A. O., 1937 and A. O., 1949, Arts. 3(2) and 4, have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f 14th October, 1955), to read as above.
1[4. Extension of Code to extraterritorial offences. The provisions of this Code apply also to any offence committed by
2[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan ;];
3* * * * * * *
4* * * * * * *
5[(4) any person on any ship or aircraft registered in 6[Pakistan] wherever it may be.].
Explanation. In this section the word" offence" includes every act committed outside 6[Pakistan] which, if committed in 6[Pakistan], would be punishable under this Code.
Illustrations
A 7[a Pakistan subject], commits a murder in Uganda. He can be tried and convicted of murder in any place in 8[Pakistan] in which he may be found.
9* * * * * * *
10[(c) C, a foreigner who is in the service of Pakistan commits a murder in London. He can be tried and convicted of murder at any place in Pakistan in which he may be found.]
(d) D, a British subject living in 11[Junagadh], instigates E to commit a murder in 12[Lahore]. D is guilty of abetting murder.]
13[5. Certain laws not to be affected by this Act. Nothing in this Act is intended to rep |
Pakistan Penal Code.docx_chunk_7 | eal, vary, suspend or affect any of the provisions of any Act for punishing mutiny and desertion of officers, soldiers. sailors or airmen in the service of the State or of any special or local law.].
CHAPTER II GENERAL EXPLANATIONS
1Subs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 2, for the original section 4.
2Clause (1) which was amended by A. O., 1949, Ord. 21 of 1960 and A.O., 1961, have been subs. by Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above.
3Clause (2) as amended by A. O., 1949 Sch., has been omitted by A. O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956).
4Clause (3) as amended by A. O., 1949 and A. O., 1961, have been omitted by Ord. 27 of 1981, s. 3 and II Sch.
5Clause (4) ins. by the Offences on Ships and Aircraft Act, 1940 (4 of 1940), s. 2.
6Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14101955), for "the Provinces and the Capital of the Federation" which had been subs, by A. O., 1949, Arts. 3(2) and 4, for "British India" .
7Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for "a coolie, who is a Native Indian subject" .
8Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (w.e.f. the 14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for "British India" .
9Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II. Sch.
10Illustration (c) which was amended by Ord. 21 of 1960 and Act 26 of 1951, have been subs. ibid.
11Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), for "Bahawalpur" which had been subs. by Act 26 of 1951, s. 4 and III Sch., for "Indore" .
12Subs. by Act 26 of 1951, s. 4 and III Sch., for "Bombay" .
13Section 5 as amended by Act 14 of 1870, Act 10 of 1927, s. 2 and Sch. I, Act 35 of 1934. s. 2 and Sch., A. O., 1937, A. O., 1949, Arts. 3 and 4, Ord. 21 of 1960, s. 3 and 2nd Sch., and A. O., 1961, have been subs. by Ordinance 27 of 1981, s. 3 and II Sch., to read as above.
Definitions in the Code to be understood subject to exceptions. Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled “General Exceptions,” though those exceptions are not repeated in such definition, penal provision or illustration.
Illustrations
The sections in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences ; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.
A, a police officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement ; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
Sense of expression once explained. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.
Gender. The pronoun “he” and its derivatives are used of any person, whether male or female.
Number. Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
“Man” “Woman”. The word “man” denotes a male human being of any age : the word “woman” denotes a female human being of any age.
“Person”. The word “person” includes any Company or Association, or body of persons, whether incorporated or not.
“Public”. The word “public” includes any class of the public or any community.
[Definition of “Queen”.] Omitted by A.O., 1961, Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
1[14. “Servant of the State”. The words “servant of the State” denote all officers or servants continued, appointed or employed in Pakistan, by or under the authority of the 2[Federal Government] or any Provincial Government.]
[Definition of “British India”.] Rep. by A. O., 1937.
[Definition of “Government of India”.] Rep. by A.O., 1937.
1The original section 14 has successively been amended by A.O., 1937, A. O., 1949, Sch. and A. O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956), to read as above.
2Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No.4 of 1975), Art. 2 and Table, for “Central Government”.
“Government”. The word “Government” denotes the person or persons authorized by law to administer executive Government in 1[Pakistan, or in any part thereof].
[Definition of “Presidency”.] Rep. by A. O., 1937.
“Judge”. The word “Judge” denotes not only every pers |
Pakistan Penal Code.docx_chunk_8 | on who is official1y 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 a judgment.
Illustrations
2* * * * * * *
(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.
3* * * * * * *
2* * * * * * *
“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.
4* * * * * * *
“Public servant”. The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely:__
5* * * * * * *
Second.
Every Commissioned Officer in the Military 6[Naval or Air] Forces of 7[Pakistan]
while serving under 8[the 9[Federal Government] or any Provincial Government];
1The original words “any part of British India” have successively been amended by A. O., 1949, Sch., and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), to read as above.
2Illustrations (a) and (d) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch.
3Illustration (c) rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and II Sch.
4The original Illustration which was previously subs. by Act 26 of 1951 s. 4 and III Sch., has been omitted by A. O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956).
5Clause First which was amended by A. O., 1961, have been omitted by Ordinance 27 of 1981, s. 3 and II Sch.
6Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch. I, for “or Naval”.
7Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956).
8Subs. by A.O., 1949, Sch., for “any Govt. in British India or the Crown Representative”.
9Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975), Act.2 and Table, for "Cental Government".
Third.
Fourth.
Every Judge ;
Every officers 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 Jus tice to perform any of such duties ;
Fifth. servant ;
Sixth.
Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public
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 l[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 l[the Government], or to make any survey, assessment or contract on behalf of l[the Government], or to execute any revenueprocess, or to investigate, or to report, on any matter affecting the pecuniary interests of l[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of l[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 1[the Government], and every officer in the service or pay of l[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 ;
2[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 election.]
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.
1The original word “Government” has successively been amended by A. O., 1937 and A. O., 1961, Art. 2 ( |
Pakistan Penal Code.docx_chunk_9 | w.e.f 23rd March, 1956), to read as above.
2Ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), section 2.
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.
1[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.]
“Moveable property”. The words “Moveable 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.
“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.
“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".
“Fraudulently”. A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
“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.
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 or on a particular occasion in the capacity of a
clerk, or servant, is a clerk or servant within the meaning of this section.
“Counterfeit”. A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practiced.
1Ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), section 2.
1[Explanation 1.
Explanation. 2.
It is not essential to counterfeiting that the imitation should be exact.
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 practise deception or knew it to be likely that deception would thereby be practised.]
“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 PowerofAttorney 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 letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
Illustration
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.
“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 a 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 endorse |
Pakistan Penal Code.docx_chunk_10 | ment is a “valuable security”.
“A will”. The words “a will” denote any testamentary document.
1Subs. by the Metal Tokens Act, 1889 (1 of 1889), s.9., for the original Explanations.
Words referring to acts include illegal omissions. In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
“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.
1[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 of such persons is liable for that act in the same manner as if it were done by him alone.]
When such an act is criminal by reason of its being done with a criminal knowledge of intention. Whenever an act, which is criminal only by reason of its being done 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 that knowledge or intention.
Effect caused partly by act and partly by omission. Wherever 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 partly 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.
Cooperation by doing one of several acts constituting an offence. When an offence is committed by means of several acts, whoever intentionally cooperates 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 and B agree to murder Z by severally and at different times giving him small doses 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 cooperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.
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 cooperate 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.
1Subs. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 1, for the original section.
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 cooperation 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 cooperate with B, A is guilty only of an attempt to commit murder.
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 illwill towards Z and intending to kill him, and not having been subject to the provocation, assists 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.
“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.
1[40. “Offence.” Except in the 2[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, 3[Chapter VA] and in the following sections, namely, sections 4[64,] 4[65,] 4[66,] 5[67,] 4[71,] 109, 1l0, 112, 114, 115, 116, 117, 187, 194, 1 |
Pakistan Penal Code.docx_chunk_11 | 95, 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.]
lSubs. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 2, for the original section 40. 2Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and Sch. I, for “chapter”. 3Ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 2.
4Ins.by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 1.
5Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), section 21(l).
“Special law” A “special law” is a law applicable to a particular subject.
“Local Law”. A “local law” is a law applicable only to a particular part of 1[the territories comprised in 2[Pakistan]].
“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.
“Injury.” The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
“Life.” The word “life” denotes the life of a human being, unless the contrary appears from the context.
“Death.” The word “death” denotes the death of a human being, unless the contrary appears from the context.
“Animal.” The word “animal” denotes any living creature, other than a human being.
“Vessel.” The word “vessel” denotes anything made for the conveyance by water of human beings or of property.
“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.
“Section.” The word “section” denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures.
“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.
“Good faith.” Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention.
3[52A. “Harbour.” Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.].
1Subs. by A. O., 1949, Sch., for “British India”.
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for “the Provinces” (w.e.f. 14th October, 1955).
3Ins. by the Indian Penal Code Amdt. Act, 1942 (8 of 1942), s. 2.
1[53.Punishments. are,
CHAPTER III OF PUNISHMENTS
The punishments to which offenders are liable under the provisions of this Code
Firstly, Qisas ; Secondly, Diyat ; Thirdly, Arsh ; Fourthly, Daman ; Fifthly, Ta'zir ; Sixthly, Death ;
Seventhly, Imprisonment for life;
Eighthly, Imprisonment which is of two descriptions, namely:
Rigorous i.e., with hard labour;
Simple;
Ninthly, Forfeiture of property; Tenthly, Fine.]
Commutation of sentence of death. In every case in which sentence of death shall have been passed, 2[the 3[Federal Government] or the Provincial Government of the Province] within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for any other punishment provided by this Code [:]1
1[Provided that, in a case in which sentence of death shall have been passed against an offender convicted for an offence of qatl, such sentence shall not be commuted without the consent of the heirs of the victim.].
Commutation of sentence or imprisonment for life. In every case in which sentence of 4[imprisonment] for life shall have been passed, 2[the Provincial Government of the Province] within which the offender shall have been sentenced may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years [:]1
1[Provided that, in a case in which sentence of imprisonment for life shall have been passed against an offender convicted for an offence punishable under Chapter XVI, such punishment shall not be commuted without the consent of the victim or, as the case may be, of his heirs5[:]].
1Subs. and added by Act II of 1997, ss. 25.
2Subs. by A.O., 1937, for “the |
Pakistan Penal Code.docx_chunk_12 | G. of I. or the Government of the place”,
3Subs. by the Federal Adoptation of Laws Order, 1975, (P.O. No. 4 of 1975), Art. 2 and Table, for “Central Government”.
4Subs. by Ord. 12 of 1972, s. 2 and Sch., for “transportation”.
5Subs. and added by Act XLIV of 2016, s. 2.
1["Provided further that in a case i which the sentence of imprisonment for life has been passed agianst an offender convicted for an offence punishable under sections 354A, 376, 376A, 377 or 377B, or where the principle of asadfilarz is attracted, such punishment shall not be commuted."]
3[55A. Saving for 4[President] prerogative. Nothing in section fiftyfour or section fiftyfive shall derogate from the right of 5[the President] to grant pardons, reprieves, respites or remissions of punishment [:]
2[Provided that such right shall not, without the consent of the victim or, as the case may be, of the heirs of the victim, be exercised for any sentence awarded under Chapter XVI.].
[Sentence of Europeans and Americans to penal servitude.] Rep. by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.
Fractions of terms of punishment. In calculating fractions of terms of punishment,1[imprisonment for life] shall be reckoned as equivalent to 1[imprisonment] for 6[twenty five years.]
1Subs. and added by Act XLIV of 2016, s. 2.
2Subs. and added by Act II of 1997, ss. 25.
3Ins. by A. O., 1937, cf. s. 295 of the G. of I. Act, 1935 (26 Geo. 5, ch. 2).
4Subs.by A. O., 1961, Art. 2 and Sch., for “Royal” (w.e.f. 14th October, 1955).
5Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty", or of the GovernorGeneral if any such right is delegated to him by His Majesty” (w.e.f. 23rd March, 1956).
6Subs. by Ord. 12 of 1972, s. 2 and Sch. for "twenty years".
[Offenders sentenced to transportation how dealt with until, transported.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.
[Transportation instead of imprisonment.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.
Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
[Sentence of forfeiture of property.] Rep. by the India Penal Code (Amdt.) Act, 1921 (XVI of 1921), s. 4.
[Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment.] Rep. by the Indian Penal Code (Amdt.) Act, 1921 (XVI of 1921), s. 4.
Amount of fine. Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Sentence of imprisonment for nonpayment of fine. 1[In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment,
and in every case of an offence punishable 2[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,]
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
Limit to imprisonment for nonpayment of fine, when imprisonment and fine awardable. The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed onefourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
1Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 2, for “in every case in which an offender is sentenced to a fine”.
2Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 21(2).
Description of imprisonment for nonpayment of fine. The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.
Imprisonment for nonpayment of fine, when offence punishable with fine only. If the offence be punishable with fine only, 1[the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupee |
Pakistan Penal Code.docx_chunk_13 | s, and for any term not exceeding six months in any other case.
Imprisonment to terminate on payment of fine. The imprisonment which is imposed in default of payment of a fine shall terminate whenever that time is either paid or levied by process of law.
Termination of imprisonment on payment of proportional part of fine. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of payment. Here, if seventyfive rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seventyfive rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonments, A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration to those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
Fine leviable within six years, or during imprisonment. Death not to discharge property from liability. The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to impri sonment for a longer period than six years, then at any time previous to the expiration of that period ; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.
Limit of punishment of offence made up of several offences. Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.
2[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or
1Ins. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 3
2Added ibid, s. 4.
where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries him could award for anyone of such offences.]
Illustrations
A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.
But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.
Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.
Solitary confinement. Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the
following scale, that is to say
a time not exceeding one month if the term of imprisonment shall not exceed six months :
a time not exceeding two months if the term of imprisonment shall exceed six months and
1[shall not exceed one] year :
a time not exceeding three months if the term of imprisonment shall exceed one year.
Limit of solitary confinement. In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the period of solitary confinement of not less duration than such periods, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonm |
Pakistan Penal Code.docx_chunk_14 | ent awarded, with intervals between the periods of solitary confinement of not less duration than such periods.
1Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 5, for “be less than a”.
Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction. 1[Whoever, having been convicted,
by a Court in 2[Pakistan] of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, or
3* * * * * * *
shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 4[imprisonment for life], or to imprisonment of either description for a term which may extend to ten years.]
CHAPTER IV GENERAL EXCEPTIONS
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 by reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illustrations
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.
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.
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.
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.
1Subs. by the Indian Penal Code Amdt. Act, 1910 (3 of 1910), for the original section.
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Articles, 3(2) and 4, for “British India”.
3Clause (b) as amended by A. O., 1937, A. O., 1949, Ord. 21 of 1960, A.O., 1961 and F.A.O. 1975, have been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch.
4Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”.
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.
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.
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, 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 t |
Pakistan Penal Code.docx_chunk_15 | he 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 in incurring the risk of running down C.
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.
Act of child under seven years of age. Nothing is an offence which is done by a child under
1[ten] years of age .
Act of a child above seven and under twelve of immature understanding. Nothing is an offence which is done by a child above 1[ten] years of age and under 1[fourteen], who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
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.
Act of a person incapable of judgment by reason of in toxication 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.
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 does 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.
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 the 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.
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 the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.
1Subs. by Act X of 2016, s. 2 and 3.
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 :
Provisos. 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 |
Pakistan Penal Code.docx_chunk_16 | 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.
Consent known to be given under fear or misconception. A consent is not such a consent as is intended by any section 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.
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) is 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 does not justify the act.
Act done in good faith for benefit of a person without consent. Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it 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 :
Proviso. 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
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.
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.
A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is not time to apply to the child’s guardian. A performs the operation inspite of the entreaties of the child, intending in good faith, the child's benefit. A has committed no offence.
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 housetop, 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.
92.
Explanation.
Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and
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, if 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.
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 |
Pakistan Penal Code.docx_chunk_17 | , 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.
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.
Of the Right of Private Defence
Things done in private defence. Nothing is an offence which is done in the exercise of the right of private defence.
Right of private defence of the body and of property. Every person has a right, subject to the restrictions contained in section 99, to defend
First. body ;
His own body, and the body of any other person, against any offence affecting the human
Secondly. The property, whether moveable or immoveable, of himself or of any other person,
against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
Right of private defence against the act of a person of unsound mind, etc. When an act, which would otherwise be a certain offence is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Illustrations
Z, under the influence of madness, attempts to kill A ; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.
A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.
Acts against which there is no right of private defence. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
Extent to which the right may be exercised. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1. A person is not deprived of the right of private defence against an act done, or
attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant.
Explanation 2. A person is not deprived of the right of private defence against an act done, or
attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.
When the right of private defence of the body extends to causing death. The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions
the exercise of the right be of any of the descriptions hereinafter enumerated, namely :
First.— Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault ;
Secondly.— Such an assault as |
Pakistan Penal Code.docx_chunk_18 | may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault ;
Thirdly.— An assault with the intention of committing rape ; Fourthly.— An assault with the intention of gratifying unnatural lust ;
Fifthly.
Sixthly.
An assault with the intention of kidnapping or abducting ;
An assault with the intention of wrongfully confining a person, under circumstances
which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
When such right extends to causing any harm other than death. If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99 to the voluntary causing to the assailant of any harm other than death.
Commencement and continuance of the right of private defence of the body. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed ; and it continues as long as such, apprehension of danger to the body continues.
When the right of private defence of property extends to causing death. The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the des criptions hereinafter enumerated, namely :—
First.— Robbery ;
Secondly.— Housebreaking by night ;
Thirdly.— Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for the custody of property ;
Fourthly.— Theft, mischief or housetrespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
When such right extends to causing any harm other than death. If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrongdoer of any harm other than death.
Commencement and continuance of the right of private defence of property. The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.
The right of private defence of properly against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
The right of private defence of property against housebreaking by night continues as long as the housetrespass which has been begun by such housebreaking continues.
Right of private defence against deadly assault when there is risk of harm to innocent person. If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attached by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
CHAPTER V OF ABETMENT
Abetment of a thing. A person abets the doing of a thing, who— First.— Instigates any person to do that thing ; or,
Secondly. Engages with one or more other person or persons in any conspiracy for the doing of
that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing ; or
Thirdly. Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1. A person who, by willful misrepresentation, or by willful concealment of a
materia |
Pakistan Penal Code.docx_chunk_19 | l fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2. Whoever, either prior to or at the time of the commission of an act, does
anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof is said to aid the doing of that act.
Abettor. A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1. The abetment of the illegal omission of an act may amount to an offence
although the abettor may not himself be bound to do that act.
Explanation 2. To constitute the offence of abetment it is not necessary that the act abetted
should be committed, or that the effect requisite to constitute the offence should be caused.
Illustrations
A instigates B to murder C, B refuses to do so. A is guilty of abetting B to commit murder.
A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3. It is not necessary that the person abetted should be capable by law of
committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor or any guilty intention or knowledge.
Illustrations
A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.
A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby, causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.
A instigates B to set fire to a dwellinghouse. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to dwelling house, and is liable to the punishment provided for that offence.
A intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liab1e to the same punishment as if B had commit ted theft.
Explanation 4. is also an offence.
The abetment of an offence being an offence, the abetment of such an abetment
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder ; and, as A instigated B to commit the offence, A is also liable to the same punishment.
Explanation 5. It is not necessary to the commission of the offence of abetment by conspiracy
that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison ; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.
.
1[108.A. Abetment in Pakistan of offences outside it. A person abets an offence within the meaning of this Code who, in 2[Pakistan], abets the commission of any act without and beyond 2[Pakistan] |
Pakistan Penal Code.docx_chunk_20 | which would constitute an offence committed in 2[Pakistan].
Illustration
A, in 2[Pakistan], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.]
Punishment of abetment if the act abetted is 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[:]3
4[Provided that, except in case of IkrahiTam the abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta’zir specified for such offence including death.].
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 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.
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.
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.
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 the intention or knowledge of the abettor and with no other.
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 :
1This Section was added by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 3.
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960),s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
3Subs. by the criminal law (Amdt.), Act, 1997 (II of 1997), s. 6 for “fullstop”.
4Proviso added ibid.
Proviso. 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 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 Y.
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.
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.
Abettor when liable to cumulative punishment for act abetted and for act done. If the act for which the abettor 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 new that B was likely voluntarily to cause grievous hurt in resisting the distress A will |
Pakistan Penal Code.docx_chunk_21 | also be liable to punishment for each of the offences.
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.
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.
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 1[imprisonment for life], shall, if that offence be not committed in consequence of the abetment, and no express pro vision 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 causes 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 imprisonment for life. Therefore A is liable 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.
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 onefourth 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 onehalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.
Illustrations
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.
A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”.
A, a policeofficer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to onehalf of the longest term of imprisonment provided for that offence, and also to fine.
B abets the commission of a robbery by A, a policeofficer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable to onehalf of the longest term of imprisonment provided for the offence of robbery, and also to fine.
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 i |
Pakistan Penal Code.docx_chunk_22 | n this section.
Concealing design to commit offence punishable with death or imprisonment for life. Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or l[imprisonment for life],
if offence be committed; 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 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 informs 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.
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,
1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”.
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 onehalf 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 2[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 onefourth 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 designs 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 offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.
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 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 onefourth, and, if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
1[CHAPTER VA CRIMINAL CONSPIRACY
120A. Definition of criminal conspiracy. When two or more persons agree to do, or cause to be done,__
an illegal act, or
1Ch. VA ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 3.
2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”.
an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation. It is immaterial whether the illegal act is the ultimate object of such agreement, or
is merely incidental to that object.
120B. Punishment of criminal conspiracy.
Whoever is a party to a criminal conspiracy to
commit an offence punishable with death, 7[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesa |
Pakistan Penal Code.docx_chunk_23 | id shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
CHAPTER VI
OF OFFENCES AGAINST THE STATE
Waging or attempting to wage war or abetting waging of war against Pakistan. Whoever wages war against 1[Pakistan], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 2[imprisonment for life], 3[and shall also be liable to fine].
4[Illustration]
5*A joins an insurrection against 1[Pakistan]. A has committed the offence defined in this section.
6* * * * * * *
1Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956).
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and sch., for "transportation for life".
3Subs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for “and shall forfeit all his property”.
4Subs. by A. O., 1961, Art. 2 and Sch., for “Illustrations” (w.e.f. 23rd March, 1956).
5The brackets and letter “(a)” omitted ibid. (w.e.f. the 23rd March, 1956).
61llustration (b) as amended by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., omitted by A. O., 1961, Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
7Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”.
1[121A. Conspiracy to commit offences punishable by section 121. Whoever within or without 2[Pakistan] conspires to commit any of the offences punishable by section 121, or to deprive 3[Pakistan of the sovereignty of her territories] 4* * * or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, 5[the 6[Federal Government] or any Provincial Government 7* * *], shall be punished with 8[imprisonment for life], or with imprisonment of either description which may extend to ten years, 9[and shall also be liable to fine].
Explanation. To constitute a conspiracy under this section, it is not necessary that any act or
illegal omission shall take place in pursuance thereof.]
Collecting arms, etc., with intention of waging war against Pakistan.
Whoever collects
men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against 10[Pakistan], shall be punished with 11[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 12[and shall also be liable to fine].
Concealing with intent to facilities design to wage war. Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against 13[Pakistan], intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
14[123A. Condemnation of the creation of the State, and advocacy of abolition of its
sovereignty. (1) Whoever, within or without Pakistan, with intent to influence, or knowing it to be
likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety [or ideology]15 of Pakistan, or to endanger the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation,[abuse Pakistan or]15 condemn the creation of Pakistan by virtue of the partition of India which was effected on the fifteenth day of August, 1947, or advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighboring States or otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine.
1 S.121A, ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s.4,
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), section 3 and 2nd Sch., (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”.
3The original words “the Queen of the sovereignty of British India” have successively been amended by A.O., 1949, Arts. 3(2) and 4, Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), and A.O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956), to read as above.
4The words “of British Burma” omitted by A.O., 1949, Sch.
5Subs. by A. O., 1937, for “the G. of I. or any L.G.”.
6Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for "Central Government".
7The words “or the Govt. of Burma” omitted by A. O., 1949, Sch.
8Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2, and Sch., for “transportation for life or any shorter term”,
9These words |
Pakistan Penal Code.docx_chunk_24 | were ins. by Act 16 of 1921, s. 3.
10 Subs. by A. O., 1961, Art. 2 and Sch., for the “the Queen” (w.e.f. 23rd March 1956).
11 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch. for "transportation for life".
12Subs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for “and shall forfeit all his property”.
13Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rdMarch 1956).
14 S. 123A ins. by the Pakistan Penal Code (Amdt.) Act, 1950 (71 of 1950), section 2.
15 Ins. by Act II of 1992,ss. 2 & 3.
Notwithstanding anything contained in any other law for the time being in force, when any person is proceeded against under this section, it shall be lawful for any Court before which he may be produced in the course of the investigation or trial, to make such order as it may think fit in respect of his movements, of his association or communication with other persons, and of his activities in regard to dissemination of news, propagation of opinions, until such time as the case is finally decided.
Any Court which is a Court of appeal or of revision in relation to the Court mentioned in sub section (2) may also make an order under that subsection.]
1[123B. Defiling or unauthorisedly removing the National Flag of Pakistan from
Government building, etc.
Whoever deliberately defiles [or puts on fire]2 the National Flag of
Pakistan, or unauthorisedly removes it from any building, premises, vehicle or other property of Government, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.]
Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. Whoever, with the intention of inducing or compelling the 3[President] of 4[Pakistan], or the Governor of any 5[Province], 6* * * 7* * * 8* * *, to exercise or refrain from exercising in any manner any of the lawful powers of 9[the President], 10[or Governor],
assaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, 9[the President], 10[or Governor],
shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
11[124A. Sedition. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 12[the 13[Federal] or Provincial Government established by law shall] be punished with 14[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1.
Explanation 2.
The expression “disaffection” includes disloyalty and all feelings of enmity.
Comments expressing disapprobation of the measures of the Government with a
view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
1 Ins. by Ord. XLIII of 1984, s. 2.
2Ins. by Act II of 1992,ss. 2 & 3.
3 Subs. by A. O., 1961, Art. 2, for “GovernorGeneral” (w.e.f. 23rd March, 1956).
4 Subs. by A. O., 1949, Sch., for “India”.
5 Subs. by A. O., 1937, for “Presidency”.
6The words “or a LieutenantGovernor” rep., ibid.
7 The words “or a Member of the Council of the GovernorGeneral of India” omitted by A. O., 1949, Sch.
8 The words “or of the Council of any Presidency” rep. by A. O.,1937.
9Subs. by A. O., 1961, Art. 2 and Sch., for “such GovernorGeneral” (w.e.f. 23rd March, 1956).
10The original words “Governor, LieutenantGovernor or Member of Council” have successively been amended by A. O., 1937, and A. O., 1949, Sch., to read as above.
11Subs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 4, for the original section 124A, which was ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 5.
12The original words “Her Majesty or the Government established by law in British India, shall” have successively been amended by A. O., 1937 A. O., 1949, Sch., the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. the 14th October, 1955) and A. 0., 1961, Art. 2 and Sch. (w.e.f 23rd March, 1956), to read as above.
13Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), Art. 2 and Table for “Central”.
14Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life or any shorter term”.
Explanation 3. Comments expressing disapprobation of the administrative or other action of the
Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Waging war against any 1[* * *] Power in alliance with Pakist |
Pakistan Penal Code.docx_chunk_25 | an. Whoever wages war against the Government of any 1[* * *] Power in alliance or at peace with 2[Pakistan] or attempts to wage such war, or abets the waging of such war, shall be punished with 3[imprisonment for life], to which fine maybe added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
Committing depredation on territories of Power at peace with Pakistan. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with 2[Pakistan], 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 to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
Receiving property taken by war or depredation mentioned in sections 125 and 126. Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, 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 to forfeiture of the property so received.
Public servant voluntarily allowing prisoner of State or war to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 3[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Public servant negligently suffering such prisoner to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
Aiding escape of, rescuing or harbouring such prisoner. Whoever knowingly aids or assists any State prisoner or prison of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with 3[ 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 State prisoner or prisoner of war, who is permitted to be at large on his parole within
certain limits in 4[Pakistan], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
1Omitted by Act No. II of 1988, s. 2.
2Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f.23rd March, 1956).
3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”.
4Subs. by the Central Laws (Statute Reform) Ordinance, 1960(21 of 1960), section 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, 1[NAVY AND AIR FORCE]
Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. Whoever abets the committing of mutiny by an officer, soldier, 2[sailor or airman], in the Army, 3[Navy or Air Force] of 4[Pakistan], or attempts to seduce any such officer, soldier, 2[sailor or airman] from his allegiance or his duty, shall be punished with 5[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.
6[Explanation.
In this section, the words “officer”, “soldier”, “sailor” or “airman” include any
person subject to the Pakistan Army Act, 1952 (XXXIX of 1952) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961) or the Pakistan Air Force Act, 1953 (VI of 1953) as the case may be.]
Abetment of mutiny, if mutiny is committed in consequence thereof. Whoever abets the committing of mutiny by an officer, soldier, 2[salior or airman], in the Army 3[Navy or Air Force] of 4[Pakistan], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 5[imprisonment for life] or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. Whoever abets an assault by an officer, soldier, 2[sailor or airman], in the Army 3[Navy or Air Force] of 4[Pakistan], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to |
Pakistan Penal Code.docx_chunk_26 | three years, and shall also be liable to fine.
Abetment of such assault, if the assault is committed. Whoever abets an assault by an officer, soldier, 2[sailor or airman], in the Army 3[Navy or Air Force] of 4[Pakistan], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Abetment of desertion of soldier, sailor or airman. Whoever abets the desertion of any officer, soldier, 2[sailor or airman], in the Army, 3[Navy or Air Force] of 4[Pakistan], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I, for “and Navy”. 2Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I, for “or sailor”. 3Subs. ibid, for “or Navy”.
4Subs. by A. O., 1961, Art. 2 and Sch., for "the Queen" (w.e.f. 23rd March 1956.)
5Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and sch., for “Transportation for life”.
6Explanation originally inserted by the Indian Penal Code Amdt. Act, 1870 (27 of 1870) and subsequently amended by Act 10 of 1927, 35 of 1934 and Ord. 21 of 1960, have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above.
Harbouring deserter. Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], has deserted, harbours such officer, soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Exception. her husband.
This provision does not extend to the case in which the harbour is given by a wife to
Deserter concealed on board merchant vessel through negligence of master. The master or person incharge of a merchant vessel, on board of which any deserter from the Army, 2[Navy or Air Force] of 3[Pakistan] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding 4[one thousand five hundred rupees], if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
Abetment of act of insubordination by soldier, sailor or airman. Whoever abets what he knows to be an act of insubordination by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act, 1934 (XXXV of 1934), s. 2 and Sch.
5[139. Persons subject to certain Acts. No person subject to the Pakistan Army Act, 1952, (XXXIX of 1952) of the Pakistan Air Force Act, 1953, (VI of 1953) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961) is subject to punishment under this Code for any of the offences defined in this Chapter.]
Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not being a soldier, 1[sailor or airman] in the Military, 2[Naval or Air] service of 3[Pakistan], wears any garb or carries any token resembling any garb or token used by such a soldier l[sailor or airman] with the intention that it may be believed that he is such a soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 4[one thousand five hundred rupees], or with both.
1Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I. for “or sailor”.
2Subs, ibid., for “or Navy”.
3Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956).
4Section 139 as amended by Act 10 of 1927, 35 of 1934, 39 of 1952, 14 of 1932, 6 of 1953 and Ordinance 21 of 1960 have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above.
5Subs. by ord. 86 of 2002, s. 2 and Sch. I, for “five hundred rupees”.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Unlawful assembly. An assembly of five or more persons is designated an “unlawful assembly,” if the common object of the persons composing that assembly is
First.
To overawe by criminal force, or show of criminal force, 1[the 2[Federal] or any
Provincial Government or Legislature], or any public servant in the exercise of the lawful power of such public servant ; or
Second.
Third. Fourth.
To resist the execution of any law, or of any legal process ; or To commit any mischief or crimi |
Pakistan Penal Code.docx_chunk_27 | nal trespass, or other offence ; or
By means of criminal force, or show of criminal force, to any person to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right ; or
Fifth. By means of criminal force, or show of criminal force, to compel any person to do what
he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation. An assembly which was not unlawful when it assembled, may subsequently
become an unlawful assembly.
Being Member of unlawful assembly. Whoever, being aware of facts which render any as sembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
Punishment. Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Joining unlawful assembly armed with deadly weapon. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with im prisonment of either description for a term which may extend to two years, or with fine, or with both.
Rioting. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
1Subs. by A. O., 1937, for “the Legislative or Executive G. of I, or the Government of any Presidency, or any LieutenantGovernor.”
2Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for "Central".
Punishment for rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Rioting, armed with deadly weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Every member of unlawful assembly guilty of offence committed in prosecution of common object. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
Hiring, or conniving at hiring, or persons to join unlawful assembly. Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.
Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months or with fine, or with both.
Explanation. If the assembly is an unlawful assembly within the meaning of section 141, the
offender will be punishable under section 145.
Assaulting or obstructing public servant when suppressing riot, etc. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.
Want only giving provocation with intent to cause riot–if rioting be committed, if not committed. Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any per |
Pakistan Penal Code.docx_chunk_28 | son intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
1[153A. Promoting enmity between different groups, etc. Whoever,
1S.153A has successively been amended by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 5, A. O., 1961, Art. 2 and Sch. and subs by the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 2. (w.e.f. 28th July, 1973), to read as above.
by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever disharmony or feelings of enmity, hatred or illwill between different religious, racial, language or regional groups or castes or communities; or
commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes, or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquility; or
organizes, or incites any other person to organize, any exercise, movement, drill or other similar activity intending that the participants in any such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence, or participates, or incites any other person to participate, in any such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community or any group of persons identifiable as such on any ground whatsoever and any such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,
shall be punished with imprisonment for a term which may extend to five years and with fine.
Explanation. It does not amount to an offence within the meaning of this section to point out, without
malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different religious, racial, language or regional groups or castes or communities].
1[153B. Inducing students, etc., to take part in political activity. Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, induce or attempts to induce any student, or any class of students, or any institution interested in or connected with students, to take part in any political activity 2[which disturbs or undermines, or is likely to disturb or undermine, the public order] shall be punished with imprisonment which may extend to two years or with fine or with both.]
Owner or occupier of land on which an unlawful assembly is held. Whenever any unlawful assembly or riot takes place the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding 3[three thousand rupees], if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest policestation, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.
Liability of person for whose benefit riot is committed. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or
1S. 153B was ins. by the Pakistan Penal Code (Second Amdt.) Ordinance, 1962 (70 of 1962), s. 2.
2 Ins. by the Pakistan Penal Code (Amdt.) Act, 1965, (20 of 1965), s. 2.
3Subs. by Ord. 86 of 2002, s.2 and Sch. I, for “one Thousand rupees”.
who has accepted or derived any benefit therefrom |
Pakistan Penal Code.docx_chunk_29 | , such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.
Liability of agent of owner or occupier for whose benefit riot is committed. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.
Harbouring persons hired for an unlawful assembly. Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Being hired to take part in an unlawful assembly or riot. Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,
Or to go armed. and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Affray. When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.
Punishment for committing affray. Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 1[three hundred rupees], or with both.
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Public servant taking gratification other than legal remuneration in respect of an official act. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or for bearing to do any official act or for showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, 2[with the 3[Federal], or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.
1Subs. by Ord. No. 86 of 2002, s. 2 and Sch. I, for “one Thousand rupees”.
2Subs. by A. O., 1937, for “with the Legislative or Executive G. of I., or with the Government of any Presidency, or with any LieutenantGovernor”.
3Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”.
Explanation. “Expecting to be a public servant.” If a person not expecting to be in office
obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.
“Gratification.” The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money.
“Legal remuneration.” The words “legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the l[authority by which he is employed], to accept.
“A motive or reward for doing.” A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.
2[‘Public servant’. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and 409, ‘public servant’ includes an employee of any corporation or other body or organization set up, controlled or administered by, |
Pakistan Penal Code.docx_chunk_30 | or under the authority of, the Federal Government.]
Illustrations
A, a munsif, obtains from Z, a banker, a situation in Z's bank for A’s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.
A, holding the office of 3[Consul] at the Court of a 4[Foreign] Power accepts a lakh of rupees from the Minister of that Power. It does not appear, that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that Power with the 5[Government of Pakistan]. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official functions to that Power. A has committed the offence defined in this section.
A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section.
Taking gratification, in order, by corrupt or illegal means to influence public servant. Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 6[with the 7[Federal] or any Provincial Government
lSubs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for “government, which he serves”.
2Added by the Prevention of Corruption Laws (Amdt.) Act, 1977 (13 of 1977). s. 2 and Sch.
3Subs. by A. O.,1961 Art. 2 and Sch., for “Resident” (w.e.f. 23rd March, 1956).
4Subs. ibid., for “subsidiary” (w.e.f. 23rd March, 1956).
5Subs. ibid., for “British Government” (w.e.f. 23rd March, 1956).
6Subs. by A. O., 1937, for “with the Legislative or Executive G. of I., or with the Govt. of any Presidency, or with any LieutenantGovernor”.
7 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”.
or Legislature], or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Taking gratification, for exercise of personal influence with public servant. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person l[with the 2[Federal] or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Illustration
An advocate who receives a fee for arguing a case before a Judge ; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist ; a paid agent for a condemned criminal, who lays before the Government
statements tending to show that the condemnation was unjust, as they do not exercise or profess to exercise personal influence.
are not within this section, inasmuch
Punishment for abetment by public servant of offences defined in section 162 or 163. Whoever, being a public servant, in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, 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 is a public servant. B, A’s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant. Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate,
from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be |
Pakistan Penal Code.docx_chunk_31 | transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate,
or from any person whom he knows to be interested in or related to the person so concerned, shall be, punished with 3[imprisonment of either description for a term which may extend to three
years], or with fine, or with both.
lSubs. by A. O., 1937 for “with the Legislative or Executive G. of I., or with the Govt. of any Presidency, or with any LieutenantGovernor”.
2 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”.
3Subs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for “simple Imprisonment for a term which may extend to two years.”
Illustrations
A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty rupees a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred rupees a month. A has obtained a valuable thing from Z without adequate consideration.
A, a Judge, buys of Z, who has a case pending in A’s Court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.
Z’s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without ade quate consideration.
1[165A. Punishment for abetment of offences defined in sections 161 and 165. Whoever abets any offence punishable under section 161 or section 165 shall, whether the offence abetted is or is not committed in consequence of the abetment, be punished with the punishment provided for the offence.]
2[165B. Certain abettors excepted. A person shall be deemed not to abet an offence punishable under section 161 or section 165 if he is induced, compelled, coerced, or intimidated to offer or give any such gratification as is referred to in section 161 for any of the purposes mentioned therein, or any valuable thing without consideration, or for an inadequate consideration, to any such public servant as is referred to in section 165.]
Public servant disobeying law, with intent to cause injury to any person.
[(1)]3 Whoever, being
a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
3["(2) Whoever being a public sevant entrusted with the investigation of a case fails to carry out the investigation proerly or diligently or fails to pursue the case in any court of law properly and in breach of his duties shal be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.].
Illustration
A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
Public servant framing an incorrect document with intent to cause injury. Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
1S.165A was ins. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2.
2S.165B was ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1962 (59 of 1962), s. 2.
3Renumber and added by Act XLIV of 2016, s. 3.
Public servant unlawfully engaging in trade. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Public servant unlawfully buying or bidding for property. Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both ; and the property, if purchased, shall be confisca |
Pakistan Penal Code.docx_chunk_32 | ted.
Personating a public servant. Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description, for a term which may extend to two years, or with fine, or with both.
Wearing garb or carrying token used by public servant with fraudulent intent. Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description, for a term which may extend to three months, or with fine which may extend to 2[six hundred rupees], or with both.
1[CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
171A. “Candidates” “Electoral right” defined. For the purposes of this Chapter
“candidate” means a person who has been nominated as a candidate at any election and includes a person who, when an election is in contemplation, holds himself out as a prospective candidate thereat ; provided that he is subsequently nominated as a candidate at such election ;
“electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.
171B. Bribery. (1) Whoever
gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right ; or
accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person, to exercise any such right,
1Chapter IXA ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), s. 2.
2Subs.by ord.86 of 2002, s.2 and sch.I
commits the offence of bribery :
Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.
A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, Shall be deemed to have accepted the gratification as a reward.
171C. Undue influence at elections. (1) Whoever voluntarily interferes or attempts to interfere
with the free exercise of any electoral right commits the offence of undue influence at an election.
Without prejudice to the generality of the provisions of subsection (1), whoever
threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or
induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of subsection (1).
A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.
171D. Personation at elections. Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.
171E. Punishment for bribery. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:
Provided that bribery by treating shall be punished with fine only.
Explanation. ‘Treating’ means that form of bribery where the gratification consists in food,
drink, entertainment, or provision.
171F. Punishment for undue influence or personation at an election. Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
171G. False statement in connection with an election. Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which |
Pakistan Penal Code.docx_chunk_33 | he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.
171H. Illegal payments in connection with an election. Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend 1[one thousand five hundred rupees]:
Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate he shall be deemed to have incurred such expenses with the authority of the candidate.
171I. Failure to keep election accounts. Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.]
[171J. 2Inducing any person not to participate in any election or referendum, etc.
Whoever by words, either spoken or written, or by visible representation, induces or, directly or indirectly, persuades or instigates, any person not to participate in, or to boycott, any election or referendum, or not to exercise his right of vote thereat, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five lac rupees, or with both.]
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS.
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 1[one thousand rupees], 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 1[three] thousand rupees, or with both.
1Sub.by ord No.86 of 2002,s.2 & sch.I.
2Added by ord.LIV of 1984,s.2
Preventing service of summons or other proceeding, or preventing publication thereof. Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legal1y 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 5[one thousand and] five hundred rupees, 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 5[three] thousand rupees, or with both.
Nonattendance 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, or 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 5[one thousand five hundred rupees], 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 5[three] thousand rupees, or with both 1[;]
2[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, being legally bound to appear before the 3[High Court of 4[Sind]] in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has comm |
Pakistan Penal Code.docx_chunk_34 | itted the offence defined in this section.
1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2, and Sch., for full stop.
2New para added ibid.
3Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for “Supreme Court at Calcutta”.
4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for “East Pakistan” which was previously subs. by A. O., 1961, Art. 2, for “East Bengal” (w.e.f. 23rd March, 1956).
5 Subs. by Ord. 86 of 02, s. 2 & Sch. I.
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.
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 1[one thousand five hundred rupees], or with both ;
or, if the document is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 1[three thousand rupees], 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.
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 1[one thousand] five hundred rupee], 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 1[three] thousand rupees, or with both ;
2[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 one thousand rupees, or with both.]
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 1[three thousand rupees], 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 appre hension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1Subs. by Ord. 86 of 02, s.2 and sch. 1.
2Added by the Criminal Law Amdt. Act, 1939 (22 of 1939), s. 2.
Illustrations
A, a landholder, knowing of the commission of a murder within the limits of his estate, willfully 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.
A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound, under clause 5, section VII, 1Regulation III, 1821, of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, willfully misinforms the policeofficer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the later part of this section.
2[Explanation.
In section 176 and in this section the word “offence” includes any act committed at any
place out of 3[Pakistan], which, if committed in 3[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 guilty of any such act.]
Refusing oath or affirmation when duly required by public serv |
Pakistan Penal Code.docx_chunk_35 | ant to make it. Whoever refuses to bind himself by an oath 4[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 for a term which may extend to six months, or with fine which may extend 5[three thousand rupees], or with both.
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 5[three thousand rupees], or with both.
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 three months, or with fine which may extend to 5[one thousand five hundred rupees], or with both.
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 4[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 4[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 terms which may extend to three years, and shall also be liable to fine.
1Rep. by Act 17 of 1862.
2Explations ins. by the Indian Criminal Law Amdt. Act, 1894 (3 of 1894), s. 5.
3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Art. 3(2) and 4, for “British India”.
4Ins. by the Oaths Act, 1873 (10 of 1873), s. 15.
5 Subs. by Ord. 86 of 02, s.2 and sch. 1.
1[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
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
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 3[extend to
Seven years in case the offence in which false information is gives in punishable with death;
five years in case the offence in which false information is given is punishable with inprisonment for life;or
onefourth 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).]
Illustrations
A informs a Magistrate that Z, a policeofficer, 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.
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 Z’s premises. attended with annoyance to Z. A has committed the offence defined in this section.
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 the his assailants, but knows it to be likely that in consequence of this 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.]
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, sha1l be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to 2[three thousand rupees], or with both.
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 o |
Pakistan Penal Code.docx_chunk_36 | f 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 2[one thousand five hundred rupees], or with both.
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,
1Subs. by the Indian Criminal Law Amdt. Act, 1895 (3 of 1895), s. 1 for the original s. 182.
2Subs. by Ord. 86 of 02, s. 2 & Sch. I.
3Subs. by Act No. IV of 2017. s. 2.
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 1[six hundred rupees], or with both.
Obstructing public servant in discharge of public functions.
2[(1)] 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 2[one year], or with fine which may extend to 2[fifty thousand] rupees, or with both.
2["(2) Whoiever 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 ot three years or with fine or with both."]
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 1[six hundred rupees], or with both ;
and if such assistance be demanded of him by a 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 1[one thousand five hundred rupees], or with both.
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 1[six hundred rupees], 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 1[three thousand rupees], 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 this section.
1Subs. by Ord. 86 of 02, s. 2 & Sch. I.
2Renumber, subs. and added by Act XLIV of 2016, s. 4.
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.
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 |
Pakistan Penal Code.docx_chunk_37 | 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.
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
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. otherwise.
Explanation 2.
A statement is within the meaning of this section, whether it is made verbally or
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, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
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.
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 belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z. A has not given false evidence.
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.
A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document, 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.
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 of 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 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 false evidence.
A makes a false entry in his shopbook for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.
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.
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.
Explanation 2.
A trial before a Courtmartial 1* * * is a judicial proceeding.
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.
2* * * * * * *
1The words "or before a Military Court of Request" were rep. by the Cantonments Act, 1889 (13 of 1889). Act 13 of 1889 was rep. by the Cantonments Act, 1910 (15 of 1910) which in turn has been rep. by the Cantonments Act, 1924 (2 of 1924).
2Illustration omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch.
Explanation 3. An |
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