h1

The Pakistan Penal Code, 1860 Part I

02/09/2010

Pakistan Penal Code

(XLV OF1860)

[6th October, 1860]

CONTENTS

CHAPTER – I

INTRODUCTION

Preamble

1. Title and extent of operation of the Code

2. Punishment of offences committed within Pakistan

3. Punishment of offences committed beyond, but which by law ay be tried within

Pakistan

4. Extension of Code on extra-territorial offences

5. Certain laws not to be affected by this Act

CHAPTER II

GENERAL EXPLANATIONS

6. Definitions in the Code to be understood subject to exception

7. Sense of expression once explained

8. Gender

9- Number

10. “Man”; “Woman”

11. “Person”

12. “Public”

13. Definition of “Queen”

14. “Servant of the State”

15.. Definition of British-India

16. Definition of “Government of India”

17- “Government”

18. Definition of Presidency

19. “Judge”

20. “Court of Justice”

21. “Public servant”

23. Movable property

23. Wrongful gain

“Wrongful loss”

Gaining wrongfully; Losing wrongfully

24. “Dishonestly”

25. “Fraudulently”

26. “Reason to believe”

27. Property in possession of wife, clerk or servant

28. “Counterfeit”

29. Document

30. “Valuable security”

31. “A will”

32. Words referring to acts include illegal omissions

33. “Act”, “Omission”

34. Acts done by several persons in furtherance of. Common intention

35. When such an act is criminal by reason of its being done with a criminal knowledge or intention

36. Effect caused partly by act and partly by omission

37. Co-operation by doing one of several acts constituting an offence

38. Persons concerned in criminal act may be guilty of different offences

39. “Voluntarily”

40. “Offence”

41. “Special law”

42. “Local Law”

43. “Illegal “””Legally bound to do”

44. “Injury”

45. “Life-

46- “Death”

47. “Animal”

48. “Vessel”

49. “Year”; “Month”

50- “Section”

51. “Oath”

52. “Good faith”

52-A. “Harbour”

CHAPTER III

OF PUNISHMENTS

53. Punishments

54. Commutation of sentence of death

55. Commutation of sentence of imprisonment for life

55-A.Saving for President prerogative

56. Sentence of Europeans and Americans to penal servitude

57. Fractions of terms of punishment

58. Offenders sentenced to transportation how dealt with until, transported

59. Transportation instead of imprisonment

60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple

61. Sentence of forfeiture of property

62. Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment

63. Amount of fine

64. Sentence of imprisonment for non-payment of fine

65. Limit to imprisonment for non-payment of fine when imprisonment and fine

awardable.

66. Description of imprisonment for non-payment of fine

67. Imprisonment for non-payment of fine when offence punishable with fine only

68. Imprisonment to terminate on payment of fine

69. Termination of imprisonment on payment of proportional part of fine

70. Fine leviable within six years, or during imprisonment-Death not to discharge

property from liability

71. Limit of punishment of offence made up of several offences

72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which

73. Solitary confinement

74. Limit of solitary confinement

75. Enhanced punishment for certain offenders under Chapter XII or Chapter XVII after previous conviction


CHAPTER IV

GENERAL EXCEPTIONS

76. Act done by a person bound, or by mistake of fact believing himself bound, by law

77. Act of Judge when acting judicially

78. Act done pursuant to the judgment or order of Court

79. Act done by a person justified, or by mistake of fact believing himself justified, by law

80. Accident in doing a lawful act

81. Act likely to cause harm, but done without criminal intent, and to prevent other harm

82. Act of a child under seven years of age

83. Act of a child above seven and under twelve of immature understanding

84. Act of a person of unsound mind

85. Act of a person incapable of judgment by reason of intoxication caused against his will

86. Offence requiring a particular intent or knowledge committed by one who is

intoxicated

87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

88. Act not intended to cause death, done by consent in good faith for person’s benefit

89. Act done in good faith for benefit of child or insane person, by or by consent of guardian

90. Consent known to be given under fear or misconception ;

Consent of insane person Consent of child

91. Exclusion of acts which are offences independently of harm caused

92. Act done in good faith for benefit of a person without consent

93. Communication made in good faith

94. Act to which a person is compelled by threats

95 Act causing slight harm

96. Things done in private defence

97. Right of private defence of the body and of property

98. Right of private defence against the act of a person of unsound mind, etc.

99. Act against which there is no right of private defence Extent to which the right may be exercised

100. When the right of private defence of the body extends to causing death

101. When such right extends to causing any harm other than death

102. Commencement and continuance of the right of private defence of the body

103. When the right of private defence of property extends to causing death

104. When such right extends to causing any harm other than death

105. Commencement and continuance of the right of private defence of property

106. Right of private defence against deadly assault when there is risk of harm to innocent person

CHAPTERV

OF ABETMENT

107. Abetment of a thing

108. Abettor

108-A. Abetment in Pakistan of Offences outside it

109. Punishment of abetment if the Act abetted committed in consequence and where no express provision is made for its punishment

110. Punishment of abetment if person abetted does act with different intention from that of abettor

111. Liability of abettor when one act abetted and different act done

112. Abettor when liable to cumulative punishment for act abetted and for act done

113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

114. Abettor present when offence is committed

115. .Abetment of offence punishable with death or imprisonment for life
if offence not committed
If act causing harm be done in consequence

116. Abetment of offence punishable with imprisonment

If offence be not committed

If abettor or person abetted be a public servant whose duty it is to prevent offence

117. Abetting commission of offence by the public or by more than ten persons

118. Concealing design to-commit offence punishable with death or imprisonment for life
if offence be committed

if offence be not committed

119. 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

120. Concealing design to commit offence punishable with imprisonment

If offence be committed; if offence be not committed


CHAPTER V-A

CRIMINAL CONSPIRACY

120-A. Definition of criminal conspiracy

120-B. Punishment of criminal conspiracy


CHAPTER VI

OF OFFENCES AGAINST THE STATE

121. Waging or attempting to wage war or abetting waging of war against Pakistan

121-A. Conspiracy to commit, offences punishable by Section 121

122. Collecting arms, etc., with intention of waging war against Pakistan

123. 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

123-B. Defiling or unauthorisedly removing the National Flag of Pakistan from

Government building, etc.

124. Assaulting President, Governor, etc., with intention to compel or restrain the exercise of any lawful power

124-A, Sedition

125- Waging war against any Asiatic Power in alliance with Pakistan

126. Committing depredation on territories of Power at peace with Pakistan

127. Receiving property taken by war or depredation mentioned in Sections 125 and 126

128. Public servant voluntarily allowing prisoner of State or war to escape

129. Public servant negligently suffering such prisoner to escape

130. Aiding escape of, rescuing or harbouring such prisoner


CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty

132. Abetment of mutiny, if mutiny Is committed in consequence thereof

133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

134. Abetment of such assault, if the assault is committed

135. Abetment of description of soldier, sailor or airman

136. Harbouring deserter

137. Deserter concealed on board merchant vessel through negligence of master

138. Abetment of act of insubordination by soldier, sailor or airman

138-A. Application of foregoing sections to the Indian Marine Service

139. Persons subject to certain Acts

140. Wearing garb or carrying token used by soldier, sailor or airman


CHAPTER VlII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. Unlawful assembly

142. Being member of unlawful assembly

143. Punishment

144. Joining unlawful assembly armed with deadly weapon

145. Joining or continuing In unlawful assembly, knowing it has been commanded to disperse

146. Rioting

147. Punishment for rioting

148. Rioting, armed with deadly weapon

149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

150. Hiring, or conniving at hiring, of persons to Join unlawful assembly

151. Knowingly joining or continuing in assembly of five or more persons after it has commanded to disperse

152. Assaulting to obstructing public servant when suppressing riot, etc.

153. Wantonly 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., take part in political activity

154. Owner or occupier of land on which an unlawful assembly is held

155. Liability of person for whose benefit riot is committed

156. Liability of agent of owner or occupier for whose benefit riot is committed

157. Harbouring persons hired for an unlawful assembly

158. Being hired to take part in an unlawful assembly or riot or to go armed

159. Affray

160. Punishment for committing affray


CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Public servant taking gratification other than legal remuneration in respect to an official act

“Gratification” ,

“Legal remuneration”

“A motive or reward for doing”

“Public servant’

162. Taking gratification, in order by corrupt or illegal means to influence public servant-

163. Taking gratification, for exercise of personal influence with public servant

164. Punishment for abetment by public servant of offences defined in Section 162 or 163

165. 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

166. Public servant disobeying law, with intent to cause injury to any person

167. Public servant framing an incorrect document with intent to cause injury

168. Public servant unlawfully engaging in trade

169. Public servant unlawfully buying or bidding for property

170. Personating a public servant

171. Wearing garb or carrying token used by public servant with fraudulent intent .

CHAPTER IX-A

OF OFFENCES RELATING TO ELECTIONS

171-A. “Candidate”, “Electoral right” defined

171-B. Bribery

171 -C. Undue influence at election

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

171-1. 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

172. Absconding to avoid service of summons or other proceeding

173. Preventing service of summons or other proceeding, or preventing publication thereof

174. Non-attendance in obedience to an order from public servant

175. Omission to produce document to public servant by person legally bound to produce it

176. Omission to give notice or information to public servant by person legally bound to give it

177. Furnishing false information

178. Refusing oath or affirmation when duly required by public servant to make it

179. Refusing to answer public servant authorised to question

180. Refusing to sign statement

181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation

182. False information with intent to cause public servant to use his lawful power to the injury of another person

183. Resistance to the taking of property by the lawful authority of a public servant

184. Obstructing sale of property offered for sale by authority of public servant

185. Illegal purchase or bid for property offered for sale by authority of public servant

186. Obstructing public servant in discharge of public functions

187. Omission to assist public servant when bound by law to give assistance

188. Disobedience to order duty promulgated by public servant “.

189. Threat of injury to public, servant

190. Threat of injury to induce a person to refrain from applying for protection to public servant

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

191 Giving false evidence

192. Fabricating false evidence

193. Punishment for false evidence

194. Giving or fabricating false evidence with intent to procure conviction of capital offence

if innocent person be thereby convicted and executed

195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or for a term of seven years or upwards

196. Using evidence known to be false

197. Issuing or signing false certificate

198. Using as true a certificate known to be false

199. False statement made in declaration which is by law receivable as evidence

200. Using as true such declaration knowing it to be false

201. Causing disappearance of evidence of offence, or giving false information to screen offender

if a capital offence

if punishable with imprisonment for life

if punishable with less than ten years imprisonment

202- Intentional omission to give information of offence by person bound to inform

203. Giving false information respecting an offence committed

204. Destruction of document to prevent its production as evidence

205. False personation for purpose of act or proceeding in suit or prosecution

206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

207. Fraudulent claim to property to prevent its seizure as forfeited or in execution

208. Fraudulently suffering decree for sum not due

209. Dishonestly making false claim in Court

210. Fraudulently obtaining decree for sum not due

211. False charge of offence made with intent to injure

212. Harbouring offender

if a capital offence

if punishable with imprisonment for life, or with imprisonment for 10 years

213. Taking gift, etc., to screen an offender from punishment if a capital offence

if punishable with imprisonment for life, or with imprisonment for 10 years

214. Offering gift or restoration of property in consideration of screening offender

if a capita! offence

if punishable with imprisonment for life, or with imprisonment

215. Taking gift to help to recover property, etc.

216. Harbouring offender who has escaped from custody or whose apprehension has been ordered

if a capital offence

if punishable with imprisonment for life, or with imprisonment

216-A. Penalty for harbouring robbers or dacoits

216-B. Definition of “harbour” in Sections 212, 216 and 216-A

217. Public servant disobeying direction of law with intent to save persons from

punishment or property from forfeiture

218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

219. Public servant in judicial proceeding corruptly making report, etc., contrary to taw

220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

221. Intentional omission to apprehend on the part of public servant bound to apprehend

222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

223. Escape from confinement or custody negligently suffered by public servant

224. Resistance or obstruction by a person to his lawful apprehension

225. 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

226. Unlawful return from transportation

227. Violation of condition of remission of punishment

228. Intentional insult or interruption to public servant sitting in

judicial proceeding

229. Personation of a juror or assessor


CHAPTER XII

OF OFFENCES RELATING TO COIN AND
GOVERNMENT STAMPS

230. “Coin” defined

Pakistan coin

231. Counterfeiting coin

232. Counterfeiting Pakistan coin

233. Making or selling instrument for counterfeiting coin

234. Making or selling instrument for counterfeiting Pakistan coin

235. Possession of instrument or material for the purpose of using the same for

counterfeiting coin

if Pakistan coin

236. Abetting in Pakistan the counterfeiting out of Pakistan of coin

237. Import or export of counterfeit coin

238. Import or export of counterfeits of Pakistan coin

239. Delivery of coin, possessed with knowledge that it is counterfeit

240. Delivery of Pakistan coin possessed with knowledge that ft is counterfeit

241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit

242. Possession of counterfeit coin by person who knew It to be counterfeit when he became possessed thereof

243. Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed thereof

244. Person employed in mint causing coin to be of different weight or composition from that fixed by law

245- Unlawfully taking coining instrument from mint

246. Fraudulently or dishonestly diminishing weight or altering composition of coin

247. Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin

248. Altering appearance of coin with intent that ft shall pass as coin of different

description

249. Altering appearance of Pakistan coin with intent that it shall pass as coin of different description

250. Delivery of coin, possessed with knowledge that it is altered

251. Delivery of Pakistan coin possessed with knowledge that it is altered

252. Possession of coin by person who knew it to be altered when he became possessed thereof

253. Possession of Pakistan coin by person who knew it to be altered when he became possessed thereof

254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered

255. Counterfeiting Government stamp

256. Having possession of instrument or material for counterfeiting Government stamp

257. Making or selling instrument for counterfeiting Government stamp

258. Sale of counterfeit Government stamp

259. Having possession of counterfeit Government stamp

260. Using as genuine a Government stamp known to be counterfeit

261 Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government

262. Using Government stamp known to have been before used

263. Erasure of mark denoting that has been used

263-A. Prohibition of fictitious stamp

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing

265. Fraudulent use of false weight or measure

266. Being in possession of false weight or measure

267. Making or selling false weight or measure


CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

268. Public nuisance

269. Negligent act likely to spread infection of disease dangerous to life

270- Malignant act likely to spread infection of disease dangerous to life

271. Disobedience to quarantine rule

272. Adulteration of food or drink intended for sale

273. Sale of noxious food or drink

274. Adulteration of drugs

275. Sale of adulterated drugs

276. Sale. of drug as a different drug or preparation

277. Fouling water of public spring or reservoir

278. Making atmosphere noxious to health

279. Rash driving or driving on a public way

280. Rash navigation of vessel

281. Exhibition of false light, mark or buoy

282. Conveying person by water for hire in unsafe or overloaded vessel

283. Danger or obstruction in public way or line of navigation

284. Negligent conduct with respect to poisonous substance

285. Negligent conduct with respect to fire or combustible matter

286. Negligent conduct with respect to explosive substance

287. Negligent conduct with respect to machinery

288. Negligent conduct with respect, to pulling down or repairing buildings

289. Negligent conduct with respect to animal

290. Punishment for public nuisance in cases not otherwise provided for

291. Continuance of nuisance after injunction to discontinue

292. Sale, etc., of obscene books, etc.

293. Sale, etc., of obscene objects to young person

294. Obscene acts and songs

294-A. Keeping lottery office

294-B. Offering of prize in connection with trade, etc.


CHAPTER XV

OF OFFENCES RELATING TO RELIGION

295. Injuring or defiling place of worship, with intent to insult the religion of any class

295-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 Holy Qur’an

295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet

296. Disturbing religious assembly

297. Trespassing on burial places, etc.

298. 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

299. Definitions

300. Qatl-e-Amd

301- Causing death of person other than the person whose death was intended

302. Punishment of qatl-i-amd

303. Qatl committed under ikrah-i-tam or ikrah-i-naqis

304. Proof of qatl-i-amd liable to qisas. etc.

305. Wali

306. Qatl-i-amd not liable to qisas

307. Cases in which Qisas for qatl-i-amd shall not be enforced

308. Punishment in qatl-i-amd not liable to qisas, etc.

309. Waiver (Afw) of qias in qatl-i-amd

310. Compounding of qisas (Sulh) in qatl-i-amd

311. Ta’zir after waiver or compounding of right of qisas in qatl-i-amd

312. Qatl-i-amd after waiver or compounding of qisas

313. Right of qisas in qatl-i-amd

314. Execution of qisas in qatl-i-amd

315. Qatl shibh-i-amd

316. Punishment for qatl shibh-i-amd

317. Person committing qatl debarred from succession

318. Qatl-i-khata

319. Punishment for qatl-i-khata

320. Punishment for qatl-i-khata by rash or negligent driving

321. Oatl-bis-sabab

322. Punishment for qatl bis-sabab

323. Value of diyat

324. Attempt to commit qatl-i-amd

325. Attempt to commit suicide

326. Thug

327. Punishment

328. Exposure and abandonment of child under twelve years by parent or person having care of it

329. Concealment of birth by secret disposal of dead body

330. Disbursement of diyat

331. Payment of Diyat

332. Hurt

333. Itiaf-i-udw

334. Punishment for Itlaf-l-udw

335. Itlaf-i-salahiyyat-i-udw

336. Punishment for Itlaf-i-salahiyyat-i-udw

337. Shajjah

337-A. Punishment of shajjah

337-B.Jurh.

337-C.Jaifah

337-D.Punishment for jaifah

337-E.Ghayr-jaifah

337-F. Punishment of ghayr-jaifah

337-G. Punishment for hurt by rash or negligent driving

337-H. Punishment for hurt by rash or negligent act

337-1. 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

337-0. 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 the 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

337-Z. Disbursement of arsh or daman

338. Isqat-i-Hamal

338-A. Punishment for Isqat-i-hamI

338-B.lsqat-i-janin

338-C.Punishment for Isqat-i-janin

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 & WRONGFUL CONFINEMENT

339. Wrongful restraint

340. Wrongful confinement

341. Punishment for wrongful restraint

342. Punishment for wrongful confinement

343. Wrongful confinement for three or more days

344. Wrongful Confinement for ten or more days

345. Wrongful confinement of person for whose liberation writ, has been issued

346. Wrongful confinement in secret

347. Wrongful confinement to extort property or constrain to illegal act

348. Wrongful confinement to extort confession or compel restoration of property


Of Criminal Force and Assault

349. Force

350. Criminal force

351. Assault

352. Punishment for assault or criminal force otherwise than on grave provocation

353. Assault or criminal force to deter public servant from discharge of his duty

354. Assault or criminal force to woman with intent to outrage her modesty

354-A. Assault or use of criminal force to woman and stripping her of her clothes

355. Assault or criminal force with intent to dishonour a person, otherwise than on grave provocation

356. Assault or criminal force in attempt to commit theft of property carried by a person

357. Assault or criminal force in attempting wrongfully to confine person

358. Assault or criminal force on grave provocation


Of Kidnapping, Abduction, Slavery and Forced Labour

359. Kidnapping

360. Kidnapping from Pakistan, etc.

361. Kidnapping from lawful guardianship

362. Abduction

363. Punishment for kidnapping

364. Kidnapping or abducting In order to murder

364-A. Kidnapping or abducting a person under the age of fourteen

365. Kidnapping or abducting with intent secretly and wrongfully to confine person

365-A. Kidnapping or abducting for extorting property, valuable security, etc.

366. Kidnapping, abducting or inducing woman to compel her marriage, etc.

366-A. Procuration of minor girl

366-B. Importation of girl from foreign country

367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person

369. Kidnapping or abducting child under ten years with intent to steal from its person

370. Buying or disposing of any person as a slave

371. Habitual dealing in slaves

372. Selling minor for purposes of prostitution, etc.

373. Buying minor for purposes of prostitution, etc.

374. Unlawful compulsory labour

Of Rape

375. Rape

376. Punishment of rape

Of Unnatural Offences

377. Unnatural offences

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

378. Theft

379. Punishment for theft

380. Theft in dwelling house, etc.

381. Theft by clerk or servant or property in possession of master

361 -A. Theft of a car or other motor vehicles

382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

Of Extortion

383. Extortion

384. Punishment for extortion

385. Putting person in fear of injury in order to commit extortion

386. Extortion by putting a person in fear of death or grievous hurt

387. Putting person in fear of death or of grievous hurt, in order to commit extortion

388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.

389. Putting person in fear of accusation of offence, in order to commit extortion


Of Robbery and Dacoity

390. Robbery

When theft is robbery

When extortion is robbery

391. Dacoity

392. Punishment for robbery

393. Attempt to commit robbery.

394. Voluntarily causing hurt in committing robbery

395. Punishment for dacoity

396. Dacoity with murder

397. Robbery or dacoity, with attempt to cause death or grievous hurt

398. Attempt to commit robbery or dacoity when armed with deadly weapon

399. Making preparation to commit dacoity

400. Punishment for belonging to gang of dacoits

401. Punishment for belonging to gang of thieves

402. Assembling for purpose of committing dacoity


Of Hijacking

402-A. Hijacking

402-B. Punishment for Hijacking

402-C. Punishment for harbouring hijacking etc.


Of Criminal Misappropriation of Property

403- Dishonest misappropriation of property

404. Dishonest misappropriation of property possessed by deceased person at the time of his death


Of Criminal Breach of Trust

405. Criminal breach of trust

406. Punishment for criminal breach of trust

407. Criminal breach of trust by carrier, etc.

408. Criminal breach of (.rust by clerk w servant

409. Criminal breach of trust by public servant, or by banker, merchant or agent


Of Receiving of Stolen Property

410. Stolen property

411. Dishonestly receiving stolen property

412. Dishonestly receiving stolen property in the commission of a dacoity

413. Habitually dealing in stolen property

414. Assisting in concealment of stolen property


Of Cheating

415. Cheating

416. Cheating by personation

417. Punishment for’ cheating

418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect

419. Punishment for cheating by personation

420. Cheating and dishonestly inducing delivery of property

Of Fraudulent Deeds and Dispossession of Property

421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

422. Dishonestly or fraudulently preventing debt being available for creditors

423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
424. Dishonest or fraudulent removal or concealment of property

Of Mischief

425. Mischief

426. Punishment for mischief

427 Mischief causing damage to the amount of fifty rupees

428. Mischief by killing or maiming animal of the value, of ten rupees

429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees

430. Mischief by injury to works of irrigation or by wrongfully divertingwater

431. Mischief by injury to public road, bridge, river or channel

432. Mischief by causing Inundation or obstruction to public drainage attended with damage

433. Mischief by destroying, moving or rendering fess useful a light house or sea-mark

434. Mischief by destroying or moving, etc., a land-mark fixed by public authority

435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred rupees or (In case of agricultural produce) ten rupees

436. Mischief by fire or explosive substance with intent to destroy house, etc,

437. Mischief with intent to destroy or-make unsafe a decked vessel or one of twenty tons burden

438. Punishment for the mischief described in Section 437 committed by fire or explosive substance

439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

440. Mischief committed after preparation made for causing death or hurt

Of Criminal Trespass

441. Criminal trespass

442. House-trespass

443. Lurking house-trespass

444. Lurking house-trespass by night

445. House-breaking

446. House-breaking by night

447. Punishment for criminal trespass

448. Punishment for house-trespass

449. House-trespass in order to commit offence punishable with death

450. House-trespass in order to commit offence punishable with imprisonment for life

451. House-trespass in order to commit offence punishable with imprisonment

452. House-trespass after preparation for hurt, assault or wrongful restraint

453. Punishment for lurking house-trespass or house-breaking

454. Lurking house trespass or house-breaking in order to commit offence punishable with imprisonment

455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

456. Punishment for lurking house-trespass or house-breaking by night

457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment

458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint

459. Hurt caused, whilst committing lurking house-trespass or house-breaking

460. Persons jointly concerned in lurking house-trespass or house breaking by night punishable for qatl or hurt caused by one of them

461. Dishonestly breaking open receptacle containing property

462. Punishment for same offence when committed by person entrusted with custody

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS

463. Forgery

464. Making a false document

465. Punishment for forgery

466. Forgery or record of Court or of public register, etc.

467. Forgery of valuable security, will, etc.

468. Forgery for purpose of cheating

469. Forgery for purpose of harming reputation

470. Forged document

471. Using as genuine a forged document

472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under Section 467

473. Making or possessing counterfeit sea), etc., with intent to commit forgery punishable otherwise

474. Having possession of document described in Section 466 or 467 knowing it to be forged and intending to use it as genuine

475. Counterfeiting device or mark used for authenticating documents described in Section 467, or possessing counterfeit marked material

476. Counterfeiting device or mark used for authenticating documents other than those described in Section 467, or possessing counterfeit marked material

477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

477-A. Falsification of accounts

Of Trade, Property and Other Marks

478. Trade mark

479. Property mark

480. Using a false trade mark

481. Using a false property mark

482. Punishment for using a false trade-mark or property mark

483. Counterfeiting a trade mark or property mark used by another

484. Counterfeiting a mark used by a public servant

485. Making or possession of any instrument for counterfeiting a trade mark or property mark.

486. Selling goods marked with a counterfeit trade mark or property mark

487. Making a false mark upon any receptacle containing goods

488. Punishment for making use of any such false mark

489. Tampering with property mark with intent to cause injury


Of Currency-Notes and Bank-Notes

489-A. Counterfeiting currency-notes or bank-notes

489-8. Using as genuine forged or counterfeit currency-notes or bank-notes

489-C. Possession of forged or counterfeit currency-notes or bank notes

489-D. Making or possessing-instruments or materials for forging or counterfeiting currency-notes or bank-notes

counterfeiting currency-notes or bank-notes

489-E. Making or using documents resembling currency-notes, or bank-notes

489-F. Counterfeiting of using documents resembling National Prize Bonds or unauthorized sate thereof

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. Breach of contract of service during voyage or journey

491. Breach of contract to attend on any supply wants of helpless person

492. Breach of contract to serve at distant place to which servant is conveyed at master’s expense

CHAPTER XX

OF OFFENCES RELATINGTO MARRIAGE

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

494. Marrying again during lifetime of husband or wife

495- Same offence with concealment of former marriage from person with whom

subsequent marriage is contracted

496. Marriage ceremony fraudulently gone through without lawful marriage

497. Adultery

498. Enticing or taking away or detaining criminal intent a marriage woman

CHAPTER XXI

OF DEFAMATION

499. Defamation

Imputation of truth which public good requires to be made or published

Public conduct of public servants

Conduct of any person touching any public question

Publication of reports of proceedings of Courts

Merits of case decided in Court or conduct of witnesses and other concerned

Merits of public performance

Censure passed in good faith by person having lawful authority over another

Accusation preferred in good faith to authorised person

Imputation made in good faith by person for protection of his or other’s interest

Caution Intended for good of person to whom conveyed or for public good

500. Punishment for defamation

501. Printing or engraving matter known to be defamatory

502. Sale of printed or engraved substance containing defamatory matter

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation

504. Intentional insult with intent to provoke breach of the peace

505. Statements conducing to public mischief

506. Punishment for criminal intimidation

If threat be to cause death or grievous hurt, etc.

507. Criminal intimidation by an anonymous communication

508. Act caused by inducing person to believe that he will be rendered an object of Divine displeasure

509. Word, gesture or act intended to insult the modesty of a woman

510. Misconduct in public by a drunken person .

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

511. Punishment for attempting to commit offences punishable with imprisonment for life or for a shorter terms.

CHAPTER – I


INTRODUCTION

Preamble: Whereas it is expedient to provide a general Penal Code for Pakistan: It is enacted as follows:-

1. Title and extent of operation of the Code: This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan.

2. 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 Pakistan.

3. Punishment of offences committed beyond, but which by law may be tried within Pakistan: Any person liable, by any Pakistani Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan.

4. Extension of Code for extra-territorial offences: The provisions of this Code apply also to any offence committed by”

[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan];

(2)[As amended byA.0. 1949 Sch. has been omitted by AO.1961, Art. 2 and Sch. (w.e.f.23rd March, 1956)];

(3) [Omitted by the Federal Laws (revision and Declaration) Ordinance, XXVII of 1981];

(4) any person on any ship or aircraft registered in Pakistan wherever it may be.

Explanation: In this section the word “offence” includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code.

Illustrations

(a) A a Pakistani subject, commits a murder in Uganda. He can be tried and convicted of murder in any place in Pakistan in which he may be found.

(b) [Omitted by Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981].

[(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 Junagadh, instigates E to commit a murder in Lahore. D is guilty of abetting murder.

[5. Certain laws not to be affected by this Act: Nothing in this Act is intended to repeal, 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

6. Definitions in the Code to be understood subject to exception: 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

(a) The section in this Code, which contain definitions of offences, , do not express that a child under seven years of age cannot commit such offence; 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.

(b) 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 genera) exception ‘ which provides that “nothing is an offence which is done by a person who is bound by law to do it.”

7. 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.

8. Gender: The pronoun “he” and its derivatives are used of any person, whether male or female.

9. 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.

10. “Man”; “Woman”: The word “man” denotes a male human being of any age; the words “woman” denotes a female human being of any age.

11. “Person”: The word “person” includes any Company or Association, or body of persons, whether incorporated or not.

12. “Public”: The word “Public” includes any class of the public or any community.

13. Definition of “Queen”: [Omitted by A. 0., 1961, Art. 2 and Sched. (w.e.f. the 23rd March, 1965)].

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- Federal Government or any Provincial Government.

15. Definition of British-India ‘.[Rep. byA.0., 1937].

16. Definition of “Government of India“: [Rep. by AO. 1937].

17. “Government”: The word “Government” denotes the person or persons authorized by law to administer executive Government in Pakistan, or in any part thereof.

18. Definition of Presidency: [Rep. byAO., 1937].

19. “Judge”: The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person,” Who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or Who is one of a body of persons, which body of persons is empowered by law to give such Judgment.

Illustrations

(a) [Omitted by the Federal Laws (Revision & Declaration Ordinance, XXV// of 1981].

(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.

(c) [Rep. by the Federal Laws (Revision and Declaration) Act 1951 (26 of 1951), Section 3 and 11, Schedule].

(d) [Omitted by the Federal Laws (Revision & Declaration Ordinance, XXVII of 1981],

20. “Court of Justice”: The words “Court of Justice denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

21. “Public servant”: The words “public servant” denotes a person falling under any of the descriptions herein after following, namely:-

First: [Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXV// of 1981].

Second: Every Commissioned Officer in the Military, Naval or Air Forces of Pakistan while serving under the Federal Government or any Provincial Government;

Third: Every Judge;

Fourth: Every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court; and every person specially authorized by a Court of Justice to perform any of such duties;

Fifth: Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;

Sixth: Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

Seventh ; Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Eighth: Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

Ninth: Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, or any matter affecting the pecuniary interests of the Government, or to make/ authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government, and every officer in the service or. pay of the Government or remunerated by fees or commission for the performance of any public duty;

Tenth : Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; .

Eleventh : Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an elections

Illustration

A Municipal Commissioner is a public servant.

Explanation 1 : Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2: Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Explanation 3: The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election. .

22. Movable property: The words “movable property” are intended to include corporeal property of every description, except land and thing attached to the earth, or permanently fastened to anything which is attached to the earth.

23. Wrongful gain: “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

“Wrongful loss”: Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully, Losing wrongfully: A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

24. “Dishonestly”: Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

25. “Fraudulently”: A person is said to do ,a thing fraudulently if he does that thing with intent to defraud but not otherwise.

26. “Reason to believe”: A person is said to have “reason to believe” a thing if he has sufficient cause to believe that thing but not otherwise.

27. Property in possession of wife, clerk or servant: When property is in the

possession of a person’s Wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.

Explanation: A person employed temporarily on a particular occasion in the capacity of a clerk, or servant, is a clerk or servant within the meaning of this section.

28. “Counterfeit”: A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

Explanation 1: It is not essential to counterfeiting that the imitation should be exact.

Explanation 2: When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended” by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.

29. Document: The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

Explanation 1 : It is immaterial by what means or upon what substance, the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.

Illustrations

A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.

A cheque upon a banker is a document.

A Power-of-Attorney is a document.

A map or plan which is intended to be used or which may be used as evidence, is a document.

A writing containing directions or instructions is a document.

Explanation 2: Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letter, figure or marks within the meaning of this section, although the same may not be actually expressed.

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.

30. “Valuable security”: The words “valuable security denote a document which is, or purports to be a document whereby any legal right is created, extended, transferred restricted, extinguished or released, or whereby, any person acknowledges that he lies under legal liability, or has not certain legal right.

Illustration

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”.

31. “A will”: The words “a will” denote any testamentary document

32. Words referring to acts include illegal omissions : In every part of this Code, except where contrary intention appears from the context, words which refer to acts done extend also to illegal omission.

33. “Act”, “Omission”: The word “act” denotes as well a series of acts as a single act; the word “omission” denotes as well a series of omissions as a single omission.

34. Acts done by several persons In furtherance of common intention: When a criminal act is done by several persons, in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by him alone.

35. When such an act is criminal by reason of its being done with a criminal

knowledge or intention : Whenever an act, which is criminal only by reason of its being with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with the knowledge or intention.

36. Effects caused partly by act and partly by omission: Whoever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and pertly by an omission is the same offence.

Illustration

A intentionally causes Z’s death, partly by illegally omitting to give Z food and partly by beating Z.A has committed murder.

37. Co-operation by doing one of several acts constituting an offence: When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Illustrations

(a) A and B agree to murder Z by severally and at different times giving him small

dose of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him.

Here A and B intentionally co-operate in the commission of murder and as each of them dose an act by which the death is caused, they are both guilty of the offence though their

acts are separate.

(B) A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.

(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death, Z dies of hunger. B is guilty of murder, but as A did not co-operate with B, A is guilty only of an attempt to commit murder.

38. Persons concerned in criminal act may be guilty of different offences : Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

Illustration

A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assist A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.

39. “Voluntarily”: A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Illustrations

A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating robbery and thus causes the death of a person. Here, A may not have intended to cause death, and may even be sorry that death has been caused by his act; yet, if he knew that he .was likely to cause death; he has caused death voluntarily.

40. “Offence”: Except in the chapters and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made punishable by this Code. In Chapter IV, Chapter V-A and in the following sections, namely, Sections 64, 65, 66, 67, 71, 109, 110, 112. 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214. 221, 222, 223. 224, 225, 327, 328.329,330.331,347,348, 388, 389 and 445, the word “offence” denotes a thing punishable under this Code, or under, any/special or local law as hereinafter defined.

And in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word “offence” has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

41. “Special law”: A “special law” is a taw applicable to a particular subject.

42. “Local Law”: A “local law” is a law applicable only to a particular part of the territories comprised in Pakistan.

43.Illegal–Legally bound to do” :The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action, and a person is said to be “legally bound to do” whatever it is illegal in him to omit.

44. “Injury”: The “injury” denotes any harm. Whatever illegally caused to any person, in body, mind, reputation or property.

45. “Life”: The word “life” denotes the life of a human being, unless the contrary appears from the context.

46. “Death”: The word “death” denotes the death of a human being unless the contrary appears from the context.

47. “Animal”: The word “animal” denotes any living creature other than a human being.

48.”Vessel”: The word “vessel” denotes anything made for the conveyance by water of human beings or of property.

49. “Year”; “Month”: Wherever the word “year” or the word “month” is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.

50. “Section”: The word “section” denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures.

51. “Oath”: The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or, to be used for the purpose of proof, whether in a Court of Justice or not.

52. “Good faith”: Nothing is said to be done or believed in “good faith” Which is done or believed without due care and attention.

52-A. “Harbour”: Except in Section 157, and in Section, 130 in the case in which the harbour is given by the wife or husband of a person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms; ammunition or means of conveyance, or assisting a person by any means, whether of the same kind as, those enumerated in this section or not, to evade apprehension.

CHAPTER III

OF PUNISHMENTS.

[53. Punishments: The punishments to which offenders are liable under the

provisions of this Code are:

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:–

(i) Rigorous, i.e., with hard labour;

(ii) Simple;

Ninthly, Forfeiture of property;

Tenthly, Fine]

54. Commutation of sentence of death : In every case in which sentence of death shall have been passed the 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:

[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].

55. Commutation of sentence of imprisonment for life : In every case in which sentence of imprisonment for life shall have been passed, 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:

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 heirs.

55-A. Saving for President prerogative : Nothing in Section fifty-four or Section fifty-five shall derogate from the right of the President to grant pardons, reprieves, respites or remissions of punishment:

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],

56. Sentence of Europeans and Americans to penal servitude: [Rep. by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.]

57. Fractions of terms of punishment: In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty-five years.

58. Offenders sentenced to transportation how dealt with until, transported: [Omitted by the Law Reforms Ordinance, XII of 1972, S. 2].

59. Transportation instead of imprisonment: [Omitted by the Law Reforms Ordinance, XII of 1972, S. 2].

60. 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.

61. Sentence of forfeiture of property: [Repealed by .the Penal Code (Amendment) Act, XVI of 1921, S. 4].

62. Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment : [Repealed by the Penal Code (Amendment) Ad, XVf of 1921, S. 4].

63. 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.

64. Sentence of imprisonment for non-payment of fine: 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 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.

65. Limit to imprisonment for non-payment 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 one-fourth of the term of imprisonment, which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

66. Description of imprisonment for non-payment 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.

67. Imprisonment for non-payment of fine When offence punishable with fine only: If the offence be punishable with fine only: 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 rupees, and for any term not exceeding six months in any other case.

68. Imprisonment to terminate on payment of fine: The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

69. 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 fine of one hundred rupees and to four months, imprisonment in default of payment. Here, seventy-five 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 seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while .A continues imprisonment. A will be immediately discharged, if fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, 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 of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

70. 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 imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender dose not discharge from the liability any property which would, after his death, be legally liable for his debts.

71. 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.

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 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 any one of such offence.

Illustrations

(a) 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 makes up the whole beating. If were liable to punishment for every blow, they might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.

(b) 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 cause hurt to Z, A is liable to one punishment, for voluntarily causing hurt to Z, and to another for the blow given to Y.

72. 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.

73. 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 shall not exceed one year;

a time not exceeding three months if the term of imprisonment shall exceed one year.

74. 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 imprisonment awarded, with intervals between the periods of solitary confinement of not less -duration than such periods.

75. Enhanced punishment for certain offenders under Chapter XII or Chapter XVII after previous conviction : Whoever, having been convicted”

(a) by a Court in 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

(b) [Omitted by thQ Federal Laws (Revision and Declaration), Ordinance, XXV// of 1981]. shall be guilty of any offence punishable under either of those Chapters with the imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.

CHAPTER IV

GENERAL EXCEPTIONS

76. Act done by a person bound, or by mistake of fact believing himself bound, by law: Nothing is an offence which Is done by a person who is, or who by reason of a mistake of fact and not reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Illustrations

(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity, with the commands of the law. A has committed no offence.

(b) A an officer of a Court of Justice, being ordered by that Court to arrest Y and after due enquiry, believing Z to be Y arrests Z. A has committed no offence.

77. Act of Judge when acting judicially: Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be,’ given to him by law.

78. Act done pursuant to the judgment or order of Court: Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.

79. Act done by a person justified, or by mistake of fact believing himself justified, by law: Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

Illustration

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murders in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in selfdefence.

80. Accident in doing a lawful act: Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Illustration

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if there was no want of proper caution on the part of A, his act is excusable and not an offence.

81. Act likely to cause harm, but done without criminal intent, and to prevent other harm: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation : It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board; unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him incurring the risk of running down C.

(b)A, in a great fire, pulls down houses in order to prevent the conflagration from

spreading. He does this with the intention in good faith of saving human life or roperty. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.

82. Act of a child under seven years of age: Nothing is an offence, which is done by a child under seven years of age.

83. Act of a child above seven and under twelve of immature understanding: Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

84. Act of a person of unsound mind: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong.. or contrary to law.

85. Act of a person incapable of Judgment by reason of intoxication caused against his will: Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

86. Offence requiring a particular intent or knowledge committed by one who is intoxicated: In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who dose the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

87. Act not Intended and not known to be likely to cause death or grievous hurt, done by consent: Nothing which is not intended to cause death, or grievous hurt, and which is not known by doer to be likely to cause death, or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Illustration

A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.

88. Act not intended to cause death, done by consent in good faith for person’s benefit: Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Illustration

A, a surgeon, knowing that a particular operation is likely to cause of death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith for Z’s benefit, performs that operation on Z. with Z’s consent. A has-committed no offence.

89. Act done In good faith for benefit of child or insane person, by or by consent of guardian: Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person:

Provided First: That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly: That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt; or the curing of any grievous disease or infirmity;

Thirdly: That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

Fourthly: That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Illustration

A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by “a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

90. Consent known to be given under fear or misconception: A consent is not such a consent as is intended by any action of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or

Consent of insane person: If the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

Consent of child: Unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

91. Exclusion of acts which are offences independently of harm caused : The exceptions in Sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent or on whose behalf the consent is given.

Illustration

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) to an offence independently of any harm which it may cause or be intended, to cause to the woman. Therefore it is not an offence by reason of such harm; and the consent of the woman or of her guardian to the causing of such miscarriage dose not justify the act.

92. Act done in good faith for benefit of a person without consent: Nothing an offence by reason of any harm which it may cause to a person by whose benefit it is done in good faith even without that person’s consent, if the Circumstances are such that is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:

Provided First: That this exception shall not extend to the intentional causing of death, or the attempting to cause death;

Secondly: That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous, hurt, or the curing of any grievous disease or infirmity;

Thirdly: That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt for any purpose other than the preventing of death or hurt;

Fourthly: That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Illustration

(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A not Intending Z’s death but in good faith for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit A’s ball gives Z a mortal wound. A has committed no offence.

(c) A, a surgeon, sees child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

(d) A is in a house which is on fire with Z, a child. People below hold out a blanket. A drops the child from the house-top, knowing it to be likely that the fall may kill the child, but not intending to kill the child and intending, in good faith, the child’s benefit. Here even, if the child is killed by the fall, A has committed no offence.

Explanation : Mere pecuniary benefit is not benefit within the meaning of Sections 88,89 and 92.

93. Communication made in good faith: No communication made in good faith is an offence by reason of any harm to the person to whom it is made for the benefit of that person. ‘

Illustration

A, a surgeon, in good-faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

94. Act to which a person is compelled by threats: Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence:

Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

Explanation 1: A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception on the ground” of his having been compelled by his associates to do anything that is an offence by law.

Explanation 2: A person seized by a gang of dacoits, and forced by threat of instant death, to do a thing, which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

95. Act causing slight harm: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm. is so slight that no person of ordinary sense and temper would complain of such harm.

Of the right of Private Defence

96. Things done in private defence: Nothing is an offence which is done in the exercise of the right of private defence.

97. 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: His own body, and the body of any other person, against any offence affecting the human body;

Secondly: The property, whether movable or immovable, 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.

98. 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

(a) 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.

(b) A enters by night a house which he is legally entitled to enter. Z in good faith, taking A for a house-breaker, 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.

99. Act against which there is no right of private defence: There is no right of private defence against an act which dose 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 dose 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 deemed.

100. 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 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: An assault with the intention of kidnapping or abduction.

Sixthly: 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.

101. 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 dose not extend to the voluntary causing of death to the assailant, but dose extend, under the restrictions mentioned in Section 99 to the voluntary causing to the assailant of any harm other than death.

102. 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.

103. 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 wrong-doer, 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 descriptions hereinafter enumerated, namely:- .

First: Robbery;

Secondly : House-breaking 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 house-trespass, 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.

104. 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 dose not extend, to the voluntary causing of death, but dose extend, subject to the restrictions mentioned in Section 99, to the voluntary causing to the wrong-doer of any harm other than death.

105. 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 tilt 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 property 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 house breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

106. 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 attacked by a mob who attempt to murder him. He can not effectually exercise his right of private defence with out 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

107. 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 wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procures 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, wilfully presents to A that C is Z, and thereby intentionally cause A to apprehend C. Here B abets by instigation the apprehension of C.

Explanation 2 : Whoever, either prior to or at the time of 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.

108. 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) A instigates 8 to murder C, B refuses to do so. A is guilty of abetting B to commit murder.

(b) 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.

Explanations 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.

Illustration

(a) 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.

(b) 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, cause 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 ah offence, and had committed murder, and he is therefore subject to the punishment of death.

(c) A instigates B to set fire to a dwelling-house, 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 As instigation. B has committed no offence, but A is guilty, of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence.

(d) A intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A includes 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 is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

Explanation 4: The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Illustration

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and 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. 6 then explains the plan to C mentioning that a third person 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 administer 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.

[108-A. Abetment in Pakistan of offences outside it: A person abets an offence within the meaning of this Code who, in Pakistan, abets the commission of any act without and beyond Pakistan which would constitute an offence committed in Pakistan.]

Illustration

A, in Pakistan, instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.

109. Punishment of abetment if the Act abetted committed In consequence and where no express provision is made for its punishment: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code, for the punishment of such abetment, be punished with the punishment provided for the offence:

[Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta’zir specified for such offence including death.]

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.

Illustration

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. 6 accepts the bribe. A has abetted the offence defined in Section 161,

(b) A instigates B to give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B. in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death.

Here B is guilty of murder. A is guilty, of abetting that offence by conspiracy, and is liable to the punishment for murder.

110. Punishment of abetment if person abetted does act with different intention from that of abettor: Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with intention or knowledge of the abettor and with no other.

111. Liability of abettor when one act abetted and different act done : When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly, abetted it:

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) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of.

(b) A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of property there. A. though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.

(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery and provides them with arms for that purpose, B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment. A is liable to the punishment provided for murder.

112. Abettor when liable to cumulative punishment for act abetted and for act done: If the act for which the abetter is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

Illustration

A instigates B to resist by force a distress made by a public servant, B in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and: if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences.

113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor: When an act is abetted with the intention on the part of the abettor of causing a particular effect and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

Illustration

A instigates B to cause grievous hurt to Z B, In consequence of the instigation, causes grievous hurt to Z. 2 dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.

114. Abettor present when offence is committed : Whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

115. Abetment of offence punishable with death or imprisonment for life If offence not committed : Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

If act causing harm be done in consequence: And if any act for which the abettor is liable in consequence of the abetment, and which cause hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Illustration

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or transportation for fife. Therefore A is labile to imprisonment for a term which may extend to seven years and also to a tine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.

116. Abetment of offence punishable with imprisonment-if offence be not committed: Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence; or with both.

If abettor or person abetted be a public servant whose duty it is to prevent offence: And if the abettor or the person abetted is a public servant, whose duty it is, to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.

(b) A instigates B to give false evidence. Here, if B does hot give false evidence A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(c) A, police officer, whose duty it is. To prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment proved for that offence, and also to fine.

(d) B abets the commission of a robbery by H, a police officer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

117. Abetting commission of offence by the public or by more than ten persons: Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Illustration

A affixes in a public place a placard instigating a sect consisting of more than ten

members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

118. Concealing design to commit offence punishable with death or Imprisonment for life if offence be committed: Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment of life, voluntarily conceals by any act or illegal omission, the existence of design to commit such offence or makes any representation which he knows to be false respecting such design,

if offence be not committed : Shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description for a term which may extend to three years; and in either case shall also be liable to fine.

Illustration

A, knowing that dacoity is about to be committed at B, falsely inform the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section,

119. Public servant concealing design to commit offence which it is his duty to prevent: Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, if offence be committed: shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both;

if offence be punishable with death, etc: or if the offence be punishable with death or imprisonment for life with imprisonment of either description for a term which may extend to ten years;

if offence be not committed : or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

Illustration

A, an officer of police, being legally bound to give information of all design as to commit robbery, which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that of that offence. Here A has by an illegal omission concealed the existence of 6’s design, and is liable to punishment according to the provisions of this section.

120. Concealing design to commit offence punishable with imprisonment: Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

if offence be committed; if offence be not committed : Shall, if the offence be

committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

CHAPTER V-A

CRIMINAL CONSPIRACY

120-A. Definition of criminal conspiracy : When two or more persons agree to do, or cause to be done,

(1) an illegal act, or

(2) 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.

120-B. Punishment of criminal conspiracy : (1) Who ever is a party to a criminal conspiracy to commit an offence punishable with death, 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.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid 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

121. Waging or attempting to wage war or abetting waging of war against Pakistan: Whoever wages war against Pakistan, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

Illustration

A joins an insurrection against Pakistan. A has committed the offence defined in this section.

121-A. Conspiracy to commit offences punishable by Section 121: Whoever within or without Pakistan conspires to commit any of the offences punishable by Section 121, or to deprive Pakistan of the sovereignty of her territories or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the Federal Government or any Provincial Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, 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.

122. 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 Pakistan, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

123. Concealing with intent to facilitate design to wage war: Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against 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.

123-A. 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 2[or ideology] 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, 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 neighbouring States or otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine.

(2) 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.

(3) 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 sub-section.

123-B. Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, etc.: Whoever deliberately defile the National Flag of Pakistan, or unauthorisedly removes if 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.

124. Assaulting President, Governor, etc., with intention to compel or restrain the exercise of any lawful power: Whoever, with the intention of including or compelling the President of Pakistan, or the Governor of any Province, to exercise or refrain from exercise in any manner of the lawful powers of the President, 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, the President, 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. ,

124-A. 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, the Federal or Provincial Government established by law shall be punished with 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: The expression “.disaffection includes disloyalty and all feelings of-enmity.’

Explanation 2: 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.

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.

125. Waging war against any Asiatic Power in alliance with Pakistan : Whoever wages war against the Government of any Asiatic Power in alliance or at peace with Pakistan or attempts to wage such war, or abets the” waging of such war, shall be punished with imprisonment for life to which fine may be 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.

126. 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, at a peace with Pakistan, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to tine and forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.

127. 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 forfeiture of the property so received.

128. 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 imprisonment for life or imprisonment of either description for a .term which may extend to ten years, and shall also be liable to fine.

129. 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.

130. Aiding escape of, rescuing or harbouring such prisoner: Whoever, knowingly aids or assists any State prisoner or prisoner 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 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also he 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 Pakistan, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, NAVY

AND AIR FORCE

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty: Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, or attempts to seduce any such officer, soldier, sailor, or airman from his allegiance of his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation: 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.

132. Abetment of mutiny, if mutiny is committed in consequence thereof: Whoever abets committing of mutiny by an officer, soldier, sailor or airman in the Army, Navy or Air Force of Pakistan, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

133. 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, sailor or airman, in the Army, Navy or Air Force of 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 three years, and shall also be liable to fine.

134. Abetment of such assault, if the assault is committed : Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of 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.

135. Abetment of desertion of soldier, sailor or airman: Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

136. Harbouring deserter: Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, has deserted, harbours such officer, soldier, 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 : This provision does not extend to the case in which the harbour is given by a wife to her husband.

137. 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, Navy or Air Force of Pakistan is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding 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.

138. 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, sailor or airman, in the Army, Navy or Air Force of 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.

[138-A. Application of foregoing sections to the Indian Marine Service: [Rep. by the Amending Act, 1934 (XXXIX of 1934 Section 2 and Sched].

139. Persons subject to certain Acts: No person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), 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.

140. Wearing garb or carrying token used by soldier, sailor or airman : Whoever, not being a soldier, sailor or airman in the Military, Navel or Air Service of Pakistan, wear, any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, 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 five hundred rupees, or with both.

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. 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, the Federal or any Provincial Government or Legislature, or any public servant in the exercise of the lawful power of such public servant; or

“Second: To resist the execution of any law, or of any legal process, or

Third: To commit any mischief or criminal trespass, or other offence; or

Fourth: 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.

142. Being member of unlawful assembly : Whoever being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of any unlawful assembly.

143. 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.

144. 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.

145. 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 imprisonment of either description for a term which may extend to two years, or with fine, or with both.

146. 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.

147. 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.

148. 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.

149. 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.

150. Hiring, or conniving at hiring, of 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.

151. Knowingly joining or continuing in assembly of five or more persons after it has 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 punished under Section 145.

152. Assaulting to obstructing public servant when suppressing riot, etc.: Whoever assaults or threatens to assault, or obstructs or attempts to obstruct a 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.

153. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed: Whoever malignantly, or wantonly, by doing anything which is illegal, lives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting 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 if rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

[153-A. Promoting enmity between different groups, etc.: Whoever, (a) 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 both, residence. language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or

(b) 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 tranquillity; or

(c) organizes, or incites any other person to organize, and 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 of community or any group of persons identifiable as such on any ground .whatsoever and any such activity for any reason whatsoever cause 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 but, 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].

[153-B. Inducing students, etc., 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 which disturbs or undermines, or is likely disturb or undermine, the public order shall be punished with imprisonment which may extend to two years or –with fine or with both].

154. 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 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 one 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 police station, 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.

155. 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 who has accepted or derived ‘any benefit there from, 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.

156. 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 give rise to the riot, or who has accepted or derived any benefit there from, 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.

157. 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.

158. 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 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.

159. Affray: When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray.

160. 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 one hundred rupees, or with both.

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Public servant taking gratification other than legal remuneration in respect to an official act: Whoever, being or expecting to be a public servant, accepts or obtains, 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 forbearing to do any official act or for showing or forbearing 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, with the 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.

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 authority by which he is employed, to accept.

“A motive or reward for doing”: A person who receives gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has done, comes within these words.

“Public servant”: In this section and in Sections 162, 63, 164, 165, 166, 167, 168, 169 and 409, ‘public servant’ includes an employee of any corporation or other body or organisation set up, controlled or administered by, or under the authority of, the Federal Government.

Illustrations (a) 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 case in favour of Z. A has committed the offence defined in this section.

(b) A, holding the office of Consul at the Court of a 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 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.

(c) 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.

162. 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 with the 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.

163. 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 with the 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 service 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, are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.

164. 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.

165. 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 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 imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Illustration

(a) A, a Collector, ‘hires, a house of 2, who has a settlement case pending before, him. It is agreed that A shall pay fifty rupees a month, then 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.

{b)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.

(c) 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 adequate consideration,

165-A, 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.

165-B. 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.

166. Public servant disobeying law, with intent to cause injury to any person: 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.

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.

167. 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.

168. 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.

169. 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 other, 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 confiscated.

170. 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.

171. 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 which may extend to two hundred rupees, or with both.

CHAPTER IX-A

OF OFFENCES RELATING TO ELECTIONS

171-A. “Candidate”, “Electoral right” defined : For the purposes of this hapter:

(a) “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 he is subsequently nominated as a candidate at such election;

(b) “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.

171-B. Bribery: (1) Whoever–

(i) 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

(ii) 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, commit the offence of bribery;

Provided that a declaration of public policy or a promise of public action shall not be an offence under the section.

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

(3) 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.

17I-C. Undue influence at election : (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.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever;

(a) threatens any candidate or voter, or” any person in whom a candidate or voter is interested, with injury of any kind, or

(b) 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 sub-section (1).

(3) 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.

171-D. Personation at elections: Whoever at an election applies for a voting paper or votes in the nature 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.

171-E. 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 consist in food, drink, entertainment, or provision.

171-F. 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.

171 -G. 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 he either knows or believes to be false or does not believe to be true, in relation to the persona! character or conduct of any candidate shall be punished with fine.

171-H. 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 to 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 where incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

171-I. 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.

171- J. Inducing any person not to participate in any election or referendum, etc.: Whoever by words, either spoken or written, or by visible representations, 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

172. Absconding to avoid service of summons or other proceeding: Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such -summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred 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 one thousand rupees, or with both.

173. Preventing service of summons or other proceeding, or preventing publication thereof: Whoever in any manner intentionally prevents the serving on himself, or on other person, of any summons, notice or order proceeding from any public servant legally competent as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under .the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 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 one thousand rupees, or with both.

174. Non-attendance in obedience to an order from public servant: Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant to issue the same, intentionally omits to attend at that place or time, departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 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 one thousand rupees, or with both; or, if the proclamation be under Section 87 of the Code of Criminal Procedure, 1898, with imprisonment which may extend to three years, or with fine, or with both.

Illustrations

(a) A, being legally bound to appear before the High Court of Sind in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a Zila Judge as a witness in obedience to a summons issued by that Zila Judge, intentionally omits to appear. A has committed the offence defined in this section.

175. Omission to produce document to public servant by person legally bound to produce it: Whoever being legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the document is to be produced or delivered up to Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one 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.

176. Omission to give notice or information to public servant by person legally bound to give it: Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both; or, if the notice or information required to be given is required by an order passed under sub-section (1) of Section 565 of the Code of Criminal Procedure, 1898 (V of 1898) with imprisonment, of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

177. Furnishing false information : Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one 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 apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations

(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.

(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z a wealthy merchant residing in a neighbouring place, and being bound, under Clause 5, Section Vll,

Regulation III, 1821, of the Bengal Code to give early and punctual information of the above fact to the officer, of the nearest police station, wilfully misinforms the police-officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distinct place in .a different direction. Here A is guilty of the offence defined in the latter part of this section.

Explanation : In Section 176 and in this section the word “offence” includes any act committed at any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395; 396, 397, 398, 399, 402, 435, 436, 449, 450. 457, 458, 459 and 460; and the word “offender” includes any person who is alleged to have been guilty of any such act.

178. Refusing oath or affirmation when duly required by public servant t make it: Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment far a term which may extend to six months, or with tine which may extend to one thousand rupees, or with both.

179. Refusing to answer public servant authorised to question : Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal, powers of such public servant shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

180. Refusing to sign statement: Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation: Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

182. False information with intent to cause public servant to use his lawful power to the injury of another person : Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant.

(a) – to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the

neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of their information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

183. Resistance to the taking of property by the lawful authority of a public servant: Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

184. Obstructing sale of property offered for sale by authority of public servant: Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

185. Illegal purchase or bid for property offered for sale by authority of public servant: Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or “any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

186. Obstructing public servant in discharge of public functions: 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 three months, or With fine which may extend to five hundred rupees, or with both.

187. Omission to assist public servant when bound by law to give assistance: Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such assistance, be demanded of him by public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

188. Disobedience to order duly promulgated by public servant: Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two 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 one 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 the section.

189. Threat of injury to public servant: Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

190. Threat of injury to induce person to refrain from applying for protection to public servant: Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

191. Giving false evidence: Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1: A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2: A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Illustrations

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swear on a trial that he heard Z admit the justice of B’s claim- A has given false evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z. A in good faith believing it to be so. Here A’s statement is merely as to his believe, and is true as to his belief, and therefore although the signature may not be handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject, A gives false evidence whether Z was at that place on the day named or not.

(e) A, an interpreter or translator, gives or certifies, as a true interpretation or translation of a statement, which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.

192. Fabricating false evidence: Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence.

Illustrations

(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence In a Court of Justice. A has fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a .letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search A has fabricated false evidence.

193. Punishment for false evidence: Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine; and whoever, intentionally gives or fabricates false evidence in any other case, shall, be punished with imprisonment of either description” for a term which may extend to three years, and shall also be liable to fine.

Explanation 1: A trial before a Court-martial is a judicial proceeding.

Explanation 2: An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration

[Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981].

Explanation 3: An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court .of Justice, is a stage of a judicial

proceeding/though that investigation may not take place before a Court of Justice.

Illustration

A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

194. Giving or fabricating false evidence with intent to procure conviction of capital offence: Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause any person to be convicted on an offence which is capital by any law for the time being in force, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;

if innocent person be thereby convicted and executed : and if an innocent person be convicted and executed in consequence of such false evidence the person who gives such false evidence shall be punished either with death or the punishment herein before described.

195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or for a term of seven years or upwards: Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause any person to be convicted of an offence which by any taw for the time being in force is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life or rigorous imprisonment for a term, which may extend to ten years, with or without tine. A, therefore, is liable to such imprisonment for life or imprisonment with or without fine.

196. Using evidence known to be false: Whoever corruptly uses or attempts to use as true or genuine evidence, any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

197. Issuing or signing false certificate: Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

198. Using as true a certificate known to be false: Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

199. False statement made in declaration which is by law receivable as evidence: Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object-for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

200. Using as true such declaration knowing it to be false: Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation: A declaration, which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of Sections 199 and 200.

201. Causing disappearance of evidence of offence, or giving false information to screen offender: Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;

if a capital offence: shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life: and if the offence is punishable with. imprisonment for fife, or with imprisonment which may extend to ten years shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine:

if punishable with less than ten years’ imprisonment: and if the offence is

punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longer term of the imprisonment provided for the offence, or with tine, or with both,

Illustration

A, knowing that B has murdered Z, assists B to hide the body with the intention of

screening 6 from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

202. Intentional omission to give information of offence by person bound to inform: Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which, he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

203. Giving false information respecting an offence committed : Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: In Sections 201 and 202 in this section the word “offence” includes any act committed at any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, and 460.

204. Destruction of document to prevent its production as evidence: Whoever Secrets or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court, or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

205. False personation for purpose of act or proceeding in suit or prosecution: Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.

206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution: Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

207. Fraudulent claim to property to prevent its seizure as forfeited or in execution: Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which’ may extend to two years, or with fine, or with both.

208. Fraudulently suffering decree for sum not due: Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be’ punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustration

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him fraudulently suffers a judgment to pass against him for a larger amount at the Suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.

209. Dishonestly making false claim in Court: Whoever fraudulently or dishonestly, or with intent to injure any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

210. Fraudulently obtaining decree for sum not due: Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently, suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

211. False charge of offence made with intent to injure: Whoever with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed as offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both, and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

212. Harbouring offender: Whenever an offence has been committed, whoever

harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment,

if a capital offence: shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine,

If punishable with imprisonment for life, or with imprisonment: and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of

imprisonment provided for the offence, or with fine, or with both. “Offence” in this section includes, any act committed at any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the following sections, namely 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399. 402, 435, 436, 449, 450, 457, 458, 459, and 460 and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Pakistan.

Exception: This provision shall not extend to any case in which the harbour or

concealment is by the husband or wife of the offender.

Illustration

A knowing that B has committed dacoity, knowingly conceals S in order to screen him legal punishment. Here, as S is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is liable to fine.

213. Taking gift, etc., to screen an offender from punishment: Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

if a capital offence: shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment: and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for offence, or with fine, or with both.

214. Offering gift or restoration of property in consideration of screening offender: Whoever gives or causes or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

if a capital offence: shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment: and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to fen years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.

Exception: The provisions of Sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.

Illustrations

[Rep. by the Code of Criminal Procedure, X of 1882].

215. Taking gift to help to recover property, etc.: Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

216. Harbouring offender who has escaped from custody or whose apprehension has been ordered: Whenever any person convicted of, or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say;

if a capital offence: if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment: if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one fourth part of the longest term of the imprisonment provided for such offence or with fine, or with both.

“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of Pakistan which, if he had been guilty of it in Pakistan would have been punishable as an offence, and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Pakistan, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Pakistan.

Exception: This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended,

216-A. Penalty for harbouring robbers or dacoits: Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: For the- purposes of this Section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without Pakistan.

Exception: This provision does not extend to the case in which the harbour is by the husband or wife of the offender.

216-B. Definition of “harbour” in Sections 212, 216and 216-A [Omitted by the Penal Code (Amendment) Act, VIII of 1942, S. 3]

217. Public servant disobeying direction of law with intent to save persons from punishment or property from forfeiture: Whoever, being a public servant, knowingly disobeys any direction of-the taw as to the way in which he is to conduct himself as such public servant, intending thereby to save or knowing it to be likely that he will thereby save, any person from legal punishment, or Subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture: Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record ‘or writing-in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.

219. Public servant in judicial proceeding corruptly making report, etc., contrary to law: Whoever being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

220. Commitment for trial or confinement by person having authority who knows that he Is acting contrary to law: Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

221. Intentional omission to apprehend on the part of public servant bound to apprehend: Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to. escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say–with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for, an offence punishable with death; or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have- been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.

222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed: Whoever, being a public servant, legally bound as such public servant to apprehend or to keep to confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally, omits, to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows that is to say; with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended is subject by a sentence, of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years or upwards; or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.

223. Escape from confinement or custody negligently suffered by public servant: Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such persons to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

224. Resistance or obstruction by a person to his lawful apprehension: Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted; or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

225. Resistance or obstruction to lawful apprehension of another person: Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescue or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or, if the person to be apprehended or, rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if. the person to be apprehended or rescued or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for life or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

225-A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for: Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person In any case not provided for in Section 221, Section 222 or Section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished:

(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine or with both; and

(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

225-B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for: Whoever, in any case not provided for in Section 224 or Section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

226. Unlawful return from transportation : [Omitted by the Law Reforms Ordinance, XII of 1972, Section 2 and Sched.]

227. Violation of condition of remission of punishment: Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted/shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

228. Intentional insult or interruption to public servant sitting in judicial proceeding: Whoever intentionally offers any insult or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

229. Personation of a Juror or assessor: Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CHAPTER XII

OF OFFENCES RELATING TO COIN AND

GOVERNMENT STAMPS

230. “Coin” defined: Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.

Pakistan coin”: Pakistan coin is metal stamped and issued by the authority of the Government of Pakistan in order to be used as money; and metal which has been so stamped and issued shall continue to be Pakistan coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.

Illustrations

(a) Cowries are not coin.

(b) Lumps of unstamped copper, though used as money, are not coin.

(c) Medals are not coin, inasmuch as they are not intended to be used as money.

(d) & (e) [Omitted by the federal Laws (Revision and Declaration)

Ordinance, XXV// of 1981.]

231. Counterfeiting coin: Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.

232. Counterfeiting Pakistan coin: Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Pakistan coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

233. Making or selling instrument for counterfeiting coin : Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

234. Making or selling Instrument for counterfeiting Pakistan coin: Whoever makes or mends, or performs any part of the process of making or mending or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting Pakistan coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

235. Possession of instrument or material for the purpose of using the same for counterfeiting coin: Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if Pakistan coin: and if the coin to be counterfeited is Pakistan coin, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

236. Abetting in Pakistan the counterfeiting out of Pakistan of coin: Whoever, being within Pakistan, abets the counterfeiting of coin out of Pakistan shall be punished in the same manner as if he abetted the counterfeiting of such coin within Pakistan.

237. Import or export of counterfeit coin: Whoever imports into Pakistan, or exports there from, any counterfeit coin, knowingly or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

238. Import or export of counterfeits of Pakistan coin: Whoever imports into Pakistan, or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a counterfeit of Pakistan coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

239. Delivery of coin, possessed with knowledge that it is counterfeit: Whoever, having any counterfeit coin, which at the time when he became possessed of it he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any. person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

240. Delivery of Pakistan coin possessed with knowledge that it is counterfeit: Whoever, having any counterfeit coin, which is a counterfeit of Pakistan coin, and which, at the time when he became possessed of it, he knew to be a counterfeit of Pakistan coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit: Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit, as the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.

Illustration

A, a coiner, delivers counterfeit rupees to his accomplice 8, for the purpose of uttering them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit, C pays away the rupees for goods to D. who receives them, not knowing them to be counterfeit. D after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under Section 239 or 240, as the case may be.

242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof: Whoever, fraudulently, or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

243. Possession of Pakistan coin by person who knew It to be counterfeit when he became possessed thereof: Whoever, fraudulently or with intent that fraud may be committed, as in possession of counterfeit coin, which is a counterfeit of Pakistan coin, having known at the time when he became possessed of it that it was counterfeit, shall be Punished with imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine.

244. Person employed in mint causing coin to be of different weight or composition from that fixed by law: Whoever, being employed in any mint lawfully established in Pakistan, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

245. Unlawfully taking coining instrument from mint: Whoever, without lawful

authority, takes out of any mint, lawfully established in Pakistan, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

246. Fraudulently or dishonestly diminishing weight or altering composition of coin: Whoever fraudulently or dishonestly performs on any coin any operation, which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term, which may extend to three years, and shall also be liable to fine.

Explanation: A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.

247. Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin: Whoever fraudulently or dishonestly performs on any Pakistan coin, any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

248. Altering appearance of coin with intent that it shall pass as coin of different description: Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

249. Altering appearance of Pakistan coin with intent that it shall pass as coin of different description: Whoever performs on any Pakistan coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

250. Delivery of coin, possessed with knowledge that it is altered: Whoever, having coin in his possession with respect to which the offence defined in Section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Note:          Remaining Sections of PPC in Part II

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: