{ "schema_version": "qanun-law-text/1", "id": "pk-code-bd227b13c09b48ba", "title": "Pakistan Penal Code (PPC),1860 (Under Review)", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5lo-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "daabaac3b0e49ed5137677d7ee44200dca00d0cab965a5a54859c5fa71dc3215", "source_sha256": "daabaac3b0e49ed5137677d7ee44200dca00d0cab965a5a54859c5fa71dc3215", "text_version_id": "law:pk-code-bd227b13c09b48ba:sha256:daabaac3b0e49ed5137677d7ee44200dca00d0cab965a5a54859c5fa71dc3215", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 179 \r\n \r\n \r\n \r\n \r\n \r\nTHE PAKISTAN PENAL CODE \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER I \r\nINTRODUCTION \r\n1. Title and extent of operation of the Code \r\n2. Punishment of offences committed within Pakistan \r\n3. Punishment of offences committed beyond, but which by law may be tried within, Pakistan \r\n4. Extension of Code to extra­territorial offences \r\n5. Certain laws not to be affected by this Act \r\nCHAPTER II \r\nGENERAL EXPLANATIONS \r\n6. Definitions in the Code to be understood subject to exceptions \r\n7. Sense of expression once explained \r\n8. Gender \r\n9. Number \r\n10. \"Man\" \"Woman\" \r\n11. \"Person\" \r\n12. \"Public\" \r\n13. [Omitted] \r\n14. \"Servant of the State\" \r\n15. [Repealed] \r\n \r\n\r\n \r\nPage 2 of 179 \r\n \r\n16. [Repealed] \r\n17. \"Government\" \r\n18. [Repealed] \r\n19. \"Judge\" \r\n20. \"Court of Justice\" \r\n21. \"Public servant\" \r\n22. \"Moveable property\" \r\n23. \"Wrongful gain\" \r\n\"Wrongful loss\" \r\nGaining wrongfully. \r\nLosing wrongfully \r\n24. \"Dishonestly\" \r\n25. \"Fraudulently\" \r\n26. \"Reason to believe\" \r\n27. Property in possession of wife, clerk or servant \r\n28. \"Counterfeit\" \r\n29. \"Document\" \r\n30. \"Valuable security\" \r\n31. \"A will\" \r\n32. Words referring to acts include illegal omissions \r\n33. \"Act\" \r\n\"Omission\" \r\n34. Acts done by several persons in furtherance of common intention \r\n35. When such an act is criminal by reason of its being done with a criminal knowledge or intention \r\n36. Effect caused partly by act and partly by omission \r\n37. Co­operation by doing one of several acts constituting an offence \r\n38. Persons concerned in criminal act may be guilty of different offences \r\n39. \"Voluntarily\" \r\n40. \"Offence\" \r\n \r\nPage 3 of 179 \r\n \r\n41. \"Special law\" \r\n42. \"Local law\" \r\n43. \"Illegal\" \r\n\"Legally bound, to do\" \r\n44. \"Injury\" \r\n45. \"Life\" \r\n46. \"Death\" \r\n47. \"Animal\" \r\n48. \"Vessel\" \r\n49. \"Year\" \r\n\"Month\" \r\n50. \"Section\" \r\n51. \"Oath\" \r\n52. \"Good faith\" \r\n52A. \"Harbour\" \r\nCHAPTER III \r\nOF PUNISHMENTS \r\n53. Punishments \r\n54. Commutation of sentence of death \r\n55. Commutation of sentence of imprisonment for life \r\n55A. Saving for President prerogative \r\n56. [Repealed] \r\n57. Fractions of terms of punishment \r\n58. [Omitted] \r\n59. [Omitted] \r\n60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple \r\n61. [Repealed] \r\n62. [Repealed] \r\n63. Amount of fine \r\n \r\nPage 4 of 179 \r\n \r\n64. Sentence of imprisonment for non­payment of fine \r\n65. Limit to imprisonment for non­payment of fine, when imprisonment and fine awardable \r\n66. Description of imprisonment for non­payment of fine \r\n67. Imprisonment for non­payment of fine, when offence punishable with fine only \r\n68. Imprisonment to terminate on payment of fine \r\n69. Termination of imprisonment on payment of proportional part of fine \r\n70. Fine leviable within six years, or during imprisonment. Death not to discharge pr operty from \r\nliability \r\n71. Limit of punishment of offence made up of several offences \r\n72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful \r\nof which \r\n73. Solitary confinement \r\n74. Limit of solitary confinement \r\n75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous \r\nconviction \r\nCHAPTER IV \r\nGENERAL EXCEPTIONS \r\n76. Act done by a person bound, or by mistake of fact believing himself bound, by law \r\n77. Act of Judge when acting judicially \r\n78. Act done pursuant to the judgment or order of Court \r\n79. Act done by a person justified, or by mistake of fact believing himself justified, by law \r\n80. Accident in doing a lawful act \r\n81. Act likely to cause harm, but done without criminal intent, and to prevent other harm \r\n82. Act of a child under ten years of age \r\n83. Act of a child above ten and under fourteen of immature understanding \r\n84. Act of a person of unsound mind \r\n85. Act of a person incapable of judgment by reason of intoxication caused against his will \r\n86. Offence requiring a particular intent or knowledge committed by one who is intoxicated \r\n87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent \r\n \r\nPage 5 of 179 \r\n \r\n88. Act not intended to cause death, done by consent in good faith for person's benefit \r\n89. Act done in good faith for benefit of child or insane person, by or by consent of guardian \r\n90. Consent known to be given under fear or misconception \r\nConsent of insane person \r\nConsent of child \r\n91. Exclusion of acts which are offences independently of harm caused \r\n92. Act done in good faith for benefit of a person without consent \r\n93. Communication made in good faith \r\n94. Act to which a person is compelled by threats \r\n95. Act causing slight harm \r\nOf the Right of Private Defence \r\n96. Things done in private defence \r\n97. Right of private defence of the body and of property \r\n98. Right of private defence against the act of a person of unsound mind, etc \r\n99. Acts against which there is no right of private defence \r\nExtent to which the right may be exercised. \r\n100. When the right of private defence of the body extends to causing death \r\n101. When such right extends to causing any harm other than death \r\n102. Commencement and continuance of the right of private defence of the body \r\n103. When the right of private defence of property extends to causing death \r\n104. When such right extends to causing any harm other than death \r\n105. Commencement and continuance of the right of private defence of property \r\n106. Right of private defence against deadly assault when there is risk of harm to innocent person \r\n \r\n \r\nPage 6 of 179 \r\n \r\nCHAPTER V \r\nOF ABETMENT \r\n107. Abetment of a thing \r\n108. Abettor \r\n108A. Abetment in Pakistan of offences outside it \r\n109. Punishment of abetment if the act abetted is committed in consequence and where no express \r\nprovision is made for its punishment \r\n110. Punishment of abetment if person abetted does act with different intention from that of abettor \r\n111. Liability of abettor when one act abetted and different act done \r\nProviso \r\n112. Abettor when liable to cumulative punishment for act abetted and for act done \r\n113. Liability of abettor for an effect caused by the act abetted different from that intended by the \r\nabettor \r\n114. Abettor present when offence is committed \r\n115. Abetment of offence punishable with death or imprisonment for life__if offence not committed; \r\nif act causing harm be done in consequence \r\n116. Abetment of offence punishable with imprisonment__if offence be not committed; \r\nif abettor or person abetted be a public servant whose duty it is to prevent offence \r\n117. Abetting commission of offence by the public or by more than ten persons \r\n118. Concealing design to commit offence punishable with death or imprisonment for life__ \r\nif offence be committed; \r\nif offence be not committed \r\n119. Public servant concealing design to commit offence which it is his duty to prevent__ \r\nif offence be committed; \r\nif offence be punishable with death, etc; \r\nif offence be not committed \r\n120. Concealing design to commit offence punishable with imprisonment__ \r\nif offence be committed; \r\nif offence be not committed \r\nCHAPTER VA \r\nCRIMINAL CONSPIRACY \r\n120A. Definition of criminal conspiracy \r\n120B. Punishment of criminal conspiracy \r\n \r\nPage 7 of 179 \r\n \r\nCHAPTER VI \r\nOF OFFENCES AGAINST THE STATE \r\n \r\n121. Waging or attempting to wage war or abetting waging of war against Pakistan \r\n121A. Conspiracy to commit offences punishable by section 121 \r\n122. Collecting arms, etc., with intention of waging war against Pakistan \r\n123. Concealing with intent to facilitate design to wage war \r\n123A. Condemnation of the creation of the State, and advocacy of abolition of its sovereignty \r\n123B. Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, \r\netc \r\n124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful \r\npower \r\n124A. Sedition \r\n125. Waging war against any Power in alliance with Pakistan \r\n126. Committing depredation on territories of Power at peace with Pakistan \r\n127. Receiving property taken by war or depredation mentioned in sections 125 and 126 \r\n128. Public servant voluntarily allowing prisoner of State or war to escape \r\n129. Public servant negligently suffering such prisoner to escape \r\n130. Aiding escape of, rescuing or harbouring such prisoner \r\nCHAPTER VII \r\nOF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE \r\n131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty \r\n132. Abetment of mutiny, if mutiny is committed in consequence thereof \r\n133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of \r\nhis office \r\n134. Abetment of such assault, if the assault is committed \r\n135. Abetment of desertion of soldier, sailor or airman \r\n136. Harbouring deserter \r\n137. Deserter concealed on board merchant vessel through negligence of master \r\n138. Abetment of act of insubordination by soldier, sailor or airman \r\n \r\nPage 8 of 179 \r\n \r\n138A. [Repealed] \r\n139. Persons subject to certain Acts \r\n140. Wearing garb or carrying token used by soldier, sailor or airman \r\nCHAPTER VIII \r\nOF OFFENCES AGAINST THE PUBLIC TRANQUILLITY \r\n141. Unlawful assembly \r\n142. Being member of unlawful assembly \r\n143. Punishment \r\n144. Joining unlawful assembly, armed with deadly weapon \r\n145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse \r\n146. Rioting \r\n147. Punishment for rioting \r\n148. Rioting, armed with deadly weapon \r\n149. Every member of unlawful assembly guilty of offence committed in prosecution of common \r\nobject \r\n150. Hiring, or conniving at hiring, or persons to join unlawful assembly \r\n151. Knowingly joining or continuing in assembly of five or more persons after it has been \r\ncommanded to disperse \r\n152. Assaulting or obstructing public servant when suppressing riot, etc \r\n153. Want only giving provocation with intent to cause riot__ \r\nif rioting be committed; \r\nif not committed \r\n153A. Promoting enmity between different groups, etc \r\n153B. Inducing students, etc., to take part in political activity \r\n154. Owner or occupier of land on which an unlawful assembly is held \r\n155. Liability of person for whose benefit riot is committed \r\n156. Liability of agent of owner or occupier for whose benefit riot is committed \r\n157. Harbouring persons hired for an unlawful assembly \r\n158. Being hired to take part in an unlawful assembly or riot; or to go armed \r\n \r\nPage 9 of 179 \r\n \r\n159. Affray \r\n160. Punishment for committing affray \r\nCHAPTER IX \r\nOF OFFENCES BY OR RELATING TO PUBLIC SERVANTS \r\n161. Public servant taking gratification other than legal remuneration in respect of an official act \r\n162. Taking gratification, in order, by corrupt or illegal means to influence public servant \r\n163. Taking gratification, for exercise of personal influence with public servant \r\n164. Punishment for abetment by public servant of offences defined in section 162 or 163 \r\n165. Public servant obtaining valuable thing, without consideration from person concerned in \r\nproceeding or business transacted by such public servant \r\n165A. Punishment for abetment of offences defined in sections 161 and 165 \r\n165B. Certain abettors excepted \r\n166. Public servant disobeying law, with intent to cause injury to any person \r\n167. Public servant framing an incorrect document with intent to cause injury \r\n168. Public servant unlawfully engaging in trade \r\n169. Public servant unlawfully buying or bidding for property \r\n170. Personating a public servant \r\n171. Wearing garb or carrying token used by public servant with fraudulent intent \r\nCHAPTER IXA \r\nOF OFFENCES RELATING TO ELECTIONS \r\n171A. \"Candidates\" \"Electoral right\" defined \r\n171B. Bribery \r\n171C. Undue influence at elections \r\n171D. Personation at elections \r\n171E. Punishment for bribery \r\n171F. Punishment for undue influence or personation at an election \r\n171G. False statement in connection with an election \r\n171H. Illegal payments in connection with an election \r\n \r\nPage 10 of 179 \r\n \r\n171I. Failure to keep election accounts \r\n171J. Inducing any person not to participate in any election or referendum, etc \r\nCHAPTER X \r\nOF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS \r\n172. Absconding to avoid service of summons or other proceeding \r\n173. Preventing service of summons or other proceeding, or preventing publication thereof \r\n174. Non­attendance in obedience to an order from public servant \r\n175. Omission to produce document to public servant by person legally bound to produce it \r\n176. Omission to give notice or information to public servant by person legally bound to give it \r\n177. Furnishing false information \r\n178. Refusing oath or affirmation when duly required by public servant to make it \r\n179. Refusing to answer public servant authorised to question \r\n180. Refusing to sign statement \r\n181. False statement on oath or affirmation to public servant or person authorised to administer an \r\noath or affirmation \r\n182. False information with intent to cause public servant to use his lawful pow er to the injury of \r\nanother person \r\n183. Resistance to the taking of property by the lawful authority of a public servant \r\n184. Obstructing sale of property offered for sale by authority of public servant \r\n185. Illegal Purchase or bid for property offered for sale by authority of public servant \r\n186. Obstructing public servant in discharge of public functions \r\n187. Omission to assist public servant when bound by law to give assistance \r\n188. Disobedience to order duly promulgated by public servant \r\n189. Threat of injury to public servant \r\n190. Threat of injury to induce person to refrain from applying for protection to public servant \r\nCHAPTER XI \r\nOF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE \r\n191. Giving false evidence \r\n192. Fabricating false evidence \r\n \r\nPage 11 of 179 \r\n \r\n193. Punishment for false evidence \r\n194. Giving or fabricating false evidence with intent to procure conviction of capital offence; \r\nif innocent person be thereby convicted and executed \r\n195. Giving or fabricating false evidence with intent to procure conviction of offe nce punishable \r\nwith imprisonment for life or for a term of seven years or upwards \r\n196. Using evidence known to be false \r\n197. Issuing or signing false certificate \r\n198. Using as true a certificate known to be false \r\n199. False statement made in declaration which is by law receivable as evidence \r\n200. Using as true such declaration knowing it to be false \r\n201. Causing disappearance of evidence of offence, or giving false information to screen offender__ \r\nif a capital offence; \r\nif punishable with imprisonment for life; \r\nif punishable with less than ten years imprisonment \r\n202. Intentional omission to give information of offence by person bound to inform \r\n203. Giving false information respecting an offence committed \r\n204. Destruction of document to prevent its production as evidence \r\n205. False personation for purpose of act or proceeding in suit or prosecution \r\n206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in \r\nexecution \r\n207. Fraudulent claim to property to prevent its seizure as forfeited or in execution \r\n208. Fraudulently suffering decree for sum not due \r\n209. Dishonestly making false claim in Court \r\n210. Fraudulently obtaining decree for sum not due \r\n211. False charge of offence made with intent to injure \r\n212. Harbouring offender__ \r\nif a capital offence; \r\nif punishable with imprisonment for life, or with imprisonment \r\n213. Taking gift, etc., to screen an offender from punishment__ \r\nif a capital offence; \r\nif punishable with imprisonment for life, or with imprisonment \r\n \r\nPage 12 of 179 \r\n \r\n214. Offering gift or restoration of property in consideration of screening offender__ \r\nif a capital offence; \r\nif punishable with imprisonment for life, or with imprisonment \r\n215. Taking gift to help to recover stolen property, etc \r\n216. Harbouring offender who has escaped from custody or whose apprehension has been ordered__ \r\nif a capital offence; \r\nif punishable with imprisonment for life, or with imprisonment \r\n216A. Penalty for harbouring robbers or dacoits \r\n216B. [Omitted] \r\n217. Public servant disobeying direction of law with intent to save person from punishment or \r\nproperty from forfeiture \r\n218. Public servant framing incorrect record or writing with intent to save person from punishment \r\nor property from forfeiture \r\n219. Public servant in judicial proceeding corruptly making report, etc., contrary to law \r\n220. Commitment for trial or confinement by person having authority who knows that he is acting \r\ncontrary to law \r\n221. Intentional omission to apprehend on the part of public servant bound to apprehend \r\n222. Intentional omission to apprehend on the part of public servant bound to apprehend person \r\nunder sentence or lawfully committed \r\n223. Escape from confinement or custody negligently suffered by public servant \r\n224. Resistance or obstruction by a person to his lawful apprehension \r\n225. Resistance or obstruction to lawful apprehension of another person \r\n225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not \r\notherwise provided for \r\n225B. Resistance or obstruction to lawful apprehension, or escape or rescue in ca ses not otherwise \r\nprovided for \r\n226. [Omitted] \r\n227. Violation of condition of remission of punishment \r\n228. Intentional insult or interruption to public servant sitting in judicial proceeding \r\n229 Personation of a juror or assessor \r\n \r\n \r\nPage 13 of 179 \r\n \r\nCHAPTER XII \r\nOF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS \r\n230. \"Coin\" defined. \r\nPakistan coin \r\n231. Counterfeiting coin \r\n232. Counterfeiting Pakistan coin \r\n233. Making or selling instrument for counterfeiting coin \r\n234. Making or selling instrument for counterfeiting Pakistan coin \r\n235. Possession of instrument or material for the purpose of using the same for counterfeiting coin; \r\nif Pakistan coin \r\n236. Abetting in Pakistan the counterfeiting out of Pakistan of coin \r\n237. Import or export of counterfeits coin \r\n238. Import or export of counterfeits of Pakistan coin \r\n239. Delivery of coin, possessed with knowledge that it is counterfeit \r\n240. Delivery of Pakistan coin possessed with knowledge that it is counterfeit \r\n241. Delivery of coin as genuine, which, when first possessed, the delivere r did not know to be \r\ncounterfeit \r\n242. Possession of counterfeit coin by person who knew it to be counterfeit when he became \r\npossessed thereof \r\n243. Possession of Pakistan coin by person who knew it to be counterfeit when he became possessed \r\nthereof \r\n244. Person employed in mint causing coin to be of different weight or composition from that fixed \r\nby law \r\n245. Unlawfully taking coining instrument from mint \r\n246. Fraudulently or dishonestly diminishing weight or altering composition of coin \r\n247. Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin \r\n248. Altering appearance of coin with intent that it shall pass as coin of different description \r\n249. Altering appearance of Pakistan coin with intent that it shall pass as coin of different description \r\n250. Delivery of coin, possessed with knowledge that it is altered \r\n251. Delivery of Pakistan coin possessed with knowledge that it is altered \r\n \r\nPage 14 of 179 \r\n \r\n252. Possession of coin by person who knew it to be altered when he became possessed thereof \r\n253. Possession of Pakistan coin by person who knew it to be altered when he became possessed \r\nthereof \r\n254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be \r\naltered \r\n255. Counterfeiting Government stamp \r\n256. Having possession of instrument or material for counterfeiting Government stamp \r\n257. Making or selling instrument for counterfeiting Government stamp \r\n258. Sale of counterfeit Government stamp \r\n259. Having possession of counterfeit Government stamp \r\n260. Using as genuine a Government stamp known to be counterfeit \r\n261. Effacing writing from substance bearing Government stamp, or removing from document a \r\nstamp used for it, with intent to cause loss to Government \r\n262. Using Government stamp known to have been before used \r\n263. Erasure of mark denoting that stamp has been used \r\n263A. Prohibition of fictitious stamps \r\nCHAPTER XIII \r\nOF OFFENCES RELATING TO WEIGHTS AND MEASURES \r\n264. Fraudulent use of false instrument for weighing \r\n265. Fraudulent use of false weight or measure \r\n266. Being in possession of false weight or measure \r\n267. Making or selling false weight or measure \r\nCHAPTER XIV \r\nOF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, \r\nDECENCY AND MORALS. \r\n268. Public nuisance \r\n269. Negligent act likely to spread infection of disease dangerous to life \r\n270. Malignant act likely to spread infection of disease dangerous to life \r\n271. Disobedience to quarantine rule \r\n272. Adulteration of food or drink intended for sale \r\n \r\nPage 15 of 179 \r\n \r\n273. Sale of noxious food or drink \r\n274. Adulteration of drugs \r\n275. Sale of adulterated drugs \r\n276. Sale of drug as a different drug or preparation \r\n277. Fouling water of public spring or reservoir \r\n278. Making atmosphere noxious to health \r\n279. Rash driving or riding on a public way \r\n280. Rash navigation of vessel \r\n281. Exhibition of false light, mark or buoy \r\n282. Conveying person by water for hire in unsafe or overloaded vessel \r\n283. Danger or obstruction in public way or line of navigation \r\n284. Negligent conduct with respect to poisonous substance \r\n285. Negligent conduct with respect to fire or combustible matter \r\n286. Negligent conduct with respect to explosive substance \r\n287. Negligent conduct with respect to machinery \r\n288. Negligent conduct with respect to pulling down or repairing buildings \r\n289. Negligent conduct with respect to animal \r\n290. Punishment for public nuisance in cases not otherwise provided for \r\n291. Continuance of nuisance after injunction to discontinue \r\n292. Sale, etc., of obscene books, etc \r\n292A. Exposure to seduction [omitted] \r\n292B. Child pornography [omitted] \r\n292C. Punishment for child pornography \r\n293. Sale, etc., of obscene objects to young person \r\n294. Obscene acts and songs \r\n294A. Keeping lottery office \r\n294B. Offering of prize in connection with trade, etc \r\n \r\nPage 16 of 179 \r\n \r\nCHAPTER XV \r\nOF OFFENCES RELATING TO RELIGION \r\n295. Injuring or defiling place of worship, with intent to insult the religion of any class \r\n295A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting \r\nits religion or religious beliefs \r\n295B. Defiling, etc., of copy of Holy Quran \r\n295C. Use of derogatory remarks, etc., in respect of the Holy Prophet \r\n296. Disturbing religious assembly \r\n297. Trespassing on burial places, etc \r\n298. Uttering words, etc. with deliberate intent to wound religious feelings \r\n298A. Use of derogatory remarks, etc., in respect of holy personages \r\n298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places \r\n298C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith \r\nCHAPTER XVI \r\nOF OFFENCES AFFECTING THE HUMAN BODY \r\nOf Offences affecting Life \r\n299. Definitions \r\n300. Qatl­i­amd \r\n301. Causing death of person other than the person whose death was intended \r\n302. Punishment of qatl­i­amd \r\n303. Qatl committed under ikrah­i­tam or ikrah­i­naqis \r\n304. Proof of qatl­i­amd liable to qisas, etc \r\n305. Wali \r\n306. Qatl­i­amd not liable to qisas \r\n307. Cases in which qisas for qatl­i­amd shall not be enforced \r\n308. Punishment in qatl­i­amd not liable to qisas, etc \r\n309. Waiver (Afw) (عفو) of qisas in qatl­i­amd \r\n310. Compounding of qisas (Sulh) (صلح )in qatl­i­amd \r\n310A. Punishment for giving a female in marriage or otherwise in badla­e­sulh, wanni or swara \r\n \r\nPage 17 of 179 \r\n \r\n311. Ta'zir after waiver or compounding of right of qisas in qatl­i­amd \r\n312. Qatl­i­'amd after waiver or compounding of qisas \r\n313. Right of qisas in qatl­i­amd \r\n314. Execution of qisas in qatl­i­amd \r\n315. Qatl shibh­i­'amd \r\n316. Punishment for qatl shibh­i­amd \r\n317. Person committing qatl debarred from succession \r\n318. Qatl­i­khata \r\n319. Punishment for qatl­i­khata \r\n320. Punishment for qatl­i­khata by rash or negligent driving \r\n321. Qatl­bis­sabab \r\n322. Punishment for qatl­bis­sabab \r\n323. Value of diyat \r\n324. Attempt to commit qatl­i­amd \r\n325. Attempt to commit suicide [omitted] \r\n326. Thug \r\n327. Punishment \r\n328. Exposure and abandonment of child under twelve years by parent or person having care of it \r\n328A. Cruelty to a child \r\n329. Concealment of birth by secret disposal of dead body \r\n330. Disbursement of diyat \r\n331. Payment of diyat \r\n332. Hurt \r\n333. Itlaf­i­udw \r\n334. Punishment for itlaf­i­udw \r\n335. Itlaf­i­salahiyyat­i­udw \r\n336. Punishment for itlaf­i­salahiyyat­i­udw \r\n \r\nPage 18 of 179 \r\n \r\n336A. Hurt caused by corrosive substance \r\n336B. Punishment for hurt by corrosive substance \r\n337. Shajjah \r\n337A. Punishment of shajjah \r\n337B. Jurh \r\n337C. Jaifah \r\n337D. Punishment for jaifah \r\n337E. Ghayr­jaifah \r\n337F. Punishment of ghayr­jaifah \r\n337G. Punishment for hurt by rash or negligent driving \r\n337H. Punishment for hurt by rash or negligent act \r\n337I. Punishment for causing hurt by mistake (khata) \r\n337J. Causing hurt by means of a poison \r\n337K. Causing hurt to extort confession, or to compel restoration of property \r\n337L. Punishment for other hurt \r\n337M. Hurt not liable to qisas \r\n337N. Cases in which qisas for hurt shall not be enforced \r\n337O. Wali in case of hurt \r\n337P. Execution of qisas for hurt \r\n337Q. Arsh for single organs \r\n337R. Arsh for organs in pairs \r\n337S. Arsh for organs in quadruplicate \r\n337T. Arsh for fingers \r\n337U. Arsh for teeth \r\n337V. Arsh for hair \r\n337W. Merger of arsh \r\n337X. Payment of arsh \r\n \r\nPage 19 of 179 \r\n \r\n337Y. Value of daman \r\n337Z Disbursement of arsh or daman \r\n338. Isqat­i­Haml (اسقاط حمل) \r\n338A. Punishment for Isqat­i­haml \r\n338B. Isqat­i­Janin (اسقاط جنین) \r\n338C. Punishment for Isqat­i­janin \r\n338D. Confirmation of sentence of death by way of qisas or tazir, etc \r\n338E. Waiver or compounding of offences \r\n338F. Interpretation \r\n338G. Rules \r\n338H. Saving \r\nCHAPTER XVI A \r\nOF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT \r\n339. Wrongful restraint \r\n340. Wrongful confinement \r\n341. Punishment for wrongful restraint \r\n342. Punishment for wrongful confinement \r\n343. Wrongful confinement for three or more days \r\n344. Wrongful confinement for ten or more days \r\n345. Wrongful confinement of person for whose liberation writ has been issued \r\n346. Wrongful confinement in secret \r\n347. Wrongful confinement to extort property or constrain to illegal act \r\n348. Wrongful confinement to extort confession, or compel restoration of property \r\nOf Criminal Force and Assault \r\n349. Force \r\n350. Criminal force \r\n351. Assault \r\n352. Punishment for assault or criminal force otherwise than on grave provocation \r\n \r\nPage 20 of 179 \r\n \r\n353. Assault or criminal force to deter public servant from discharge of his duty \r\n354. Assault or criminal force to woman with intent to outrage her modesty \r\n354A. Assault or use of criminal force to woman and stripping her of her clothes \r\n355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation \r\n356. Assault or criminal force in attempt to commit theft of property carried by a person \r\n357. Assault or criminal force in attempt wrongfully to confine a person \r\n358. Assault or criminal force on grave provocation \r\nOf Kidnapping, Abduction, Slavery and Forced Labour \r\n359. Kidnapping \r\n360. Kidnapping from Pakistan \r\n361. Kidnapping from lawful guardianship \r\n362. Abduction \r\n363. Punishments for kidnapping \r\n364. Kidnapping or abducting in order to murder \r\n364A. Kidnapping or abducting a person under the age of fourteen \r\n365. Kidnapping or abducting with intent secretly and wrongfully to confine person \r\n365 A. Kidnapping or abducting for extorting property, valuable security, etc \r\n365B. Kidnapping, abducting or inducing woman to compel for marriage etc \r\n366. [Repealed] \r\n366A. Procuration of minor girl \r\n366B. Importation of girl from foreign country \r\n367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc \r\n367A. Kidnapping or abducting in order to subject person to unnatural lust \r\n368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person \r\n369. Kidnapping or abducting child under ten years with intent to steal from its persons \r\n369A. Trafficking of human beings [omitted] \r\n370. Buying or disposing of any person as a slave \r\n \r\nPage 21 of 179 \r\n \r\n371. Habitual dealing in slaves \r\n371A. Selling person for purposes of prostitution, etc \r\n371B. Buying person for purposes of prostitution, etc \r\n372. [Repealed] \r\n373. [Repealed] \r\n374. Unlawful compulsory labour \r\nOf Rape \r\n375. Rape \r\n375A. Gang rape \r\n376. Punishment for rape \r\n376A. Disclosure of identity of victim of rape, etc \r\n376B. Exceptional first offenders or repeat offenders [omitted] \r\nOf Unnatural Offences \r\n377. Unnatural offences \r\n377A. Sexual abuse \r\n377B. Punishment \r\n \r\nCHAPTER XVII \r\nOF OFFENCES AGAINST PROPERTY \r\nOf Theft \r\n378. Theft \r\n379. Punishment for theft \r\n380. Theft in dwelling house, etc \r\n381. Theft by clerk or servant of property in possession of master \r\n381A. Theft of a car or other motor vehicles \r\n382. Theft after preparation made for ca using death hurt or restraint in order to the committing of \r\nthe theft \r\nOf Extortion \r\n \r\nPage 22 of 179 \r\n \r\n383. Extortion \r\n384. Punishment for extortion \r\n385. Putting person in fear of injury in order to commit extortion \r\n386. Extortion by putting a person in fear of death or grievous hurt \r\n387. Putting person in fear of death or of grievous hurt, in order to commit extortion \r\n388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life \r\netc \r\n389. Putting person in fear of accusation of offence, in order to commit extortion \r\nOf Robbery and Dacoity \r\n390. Robbery \r\nWhen theft is robbery \r\nWhen extortion is robbery \r\n391. Dacoity \r\n392. Punishment for robbery \r\n393. Attempt to commit robbery \r\n394. Voluntarily causing hurt in committing robbery \r\n395. Punishment for dacoity \r\n396. Dacoity with murder \r\n397. Robbery or dacoity with attempt to cause death or grievous hurt \r\n398. Attempt to commit robbery or dacoity when armed with deadly weapon \r\n399. Making preparation to commit dacoity \r\n400. Punishment for belonging to gang of dacoits \r\n401. Punishment for belonging to gang of thieves \r\n402. Assembling for purpose of committing dacoity \r\nOf Hijacking \r\n402A. Hijacking \r\n402B. Punishment for hijacking \r\n402C. Punishment for harbouring hijacker, etc \r\n \r\nPage 23 of 179 \r\n \r\nOf Criminal Misappropriation of Property \r\n403. Dishonest misappropriation of property \r\n404. Dishonest misappropriation of property possessed by deceased person at the time of his death \r\nOf Criminal Breach of Trust \r\n405. Criminal breach of trust \r\n406. Punishment for criminal breach of trust \r\n407. Criminal breach of trust by carrier, etc \r\n408. Criminal breach of trust by clerk or servant \r\n409. Criminal breach of trust by public servant, or by banker, merchant or agent \r\nOf the Receiving of Stolen Property \r\n410. Stolen property \r\n411. Dishonestly receiving stolen property \r\n412. Dishonestly receiving property stolen in the commission of a decoity \r\n413. Habitually dealing in stolen property \r\n414. Assisting in concealment of stolen property \r\nOf Cheating \r\n415. Cheating \r\n416. Cheating by personation \r\n417. Punishment for cheating \r\n418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is \r\nbound to protect \r\n419. Punishment for cheating by personation \r\n420. Cheating and dishonestly inducing delivery of property \r\nOf Fraudulent Deeds and Dispositions of Property \r\n421. Dishonest or fraudulent removal or concealment of property to prevent distribution among \r\ncreditors \r\n422. Dishonestly or fraudulently preventing debt being available for creditors \r\n423. Dishonest or fraudulent execution of deed of transfer cont aining false statement of \r\n \r\nPage 24 of 179 \r\n \r\nconsideration \r\n424. Dishonest or fraudulent removal or concealment of property \r\nOf Mischief \r\n425. Mischief \r\n426. Punishment for mischief \r\n427. Mischief causing damage to the amount of fifty rupees \r\n428. Mischief by killing or maiming animal of the value of ten rupees \r\n429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty \r\nrupees \r\n430. Mischief by injury to works of irrigation or by wrongfully diverting water \r\n431. Mischief by injury to public road, bridge, river, or channel \r\n432. Mischief by causing inundation or obstruction to public drainage attended with damage \r\n433. Mischief by destroying, moving or rendering less useful a light­house or sea­ mark \r\n434. Mischief by destroying or moving etc., a landmark fixed by public authority \r\n435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred \r\nor (in case of agricultural produce) ten rupees \r\n436. Mischief by fire or explosive substance with intent to destroy house, etc \r\n437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden \r\n438. Punishment for the mischief described in section 437 committed by fire or explosive substance \r\n439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc \r\n440 Mischief committed after preparation made causing death or hurt \r\nOf Criminal Trespass \r\n441. Criminal trespass \r\n442. House­trespass \r\n443. Lurking house­trespass \r\n444. Lurking house­trespass by night \r\n445. House­breaking \r\n446. House­breaking by night \r\n \r\nPage 25 of 179 \r\n \r\n447. Punishment for criminal trespass \r\n448. Punishment for house­trespass \r\n449. House­trespass in order to commit offence punishable with death \r\n450. House­trespass in order to commit offence punishable with imprisonment for life \r\n451. House­trespass in order to commit offence punishable with imprisonment \r\n452. House­trespass after preparation for hurt, assault or wrongful restraint \r\n453. Punishment for lurking house­trespass or house breaking \r\n454. Lurking house­trespass or house­br eaking in order to commit offence punishable with \r\nimprisonment \r\n455. Lurking house­trespass or house­breaking after preparation for hurt, assault or wrongful \r\nrestraint \r\n456. Punishment for lurking house­trespass or house breaking by night \r\n457. Lurking house­trespass or house­breaking by night in order to commit offence punishable with \r\nimprisonment \r\n458. Lurking house­trespass or house­breaking by night after preparation for hurt, assault or \r\nwrongful restraint \r\n459. Hurt caused whilst committing lurking house­trespass or house­breaking \r\n460. Persons jointly concerned in lurking house­trespass or house­breaking by night punishable for \r\nqatl or hurt caused by one of them \r\n461. Dishonestly breaking open receptacle containing property \r\n462. Punishment for same offence when committed by person entrusted with custody \r\nCHAPTER XVII A \r\nOF OFFENCES RELATING TO OIL AND GAS ETC \r\n462A. Definition \r\n462B. Tampering with petroleum pipelines, etc \r\n462C. Tampering with auxiliary or distribution pipelines of petroleum \r\n462D. Tampering with gas meter by domestic consumer, etc \r\n462E. Tampering with gas meter by Industrial or commercial consumer, etc \r\n462F. Damaging or destructing the transmission or transportation lines, etc \r\nCHAPTER XVII B \r\n \r\nPage 26 of 179 \r\n \r\nOF OFFENCES RELATING TO ELECTRICITY \r\n462G. Definitions \r\n462H. Abstraction or tampering etc. with transmission \r\n462I. Abstraction or tampering etc., with distribution or auxiliary \r\n462J. Interference, improper use or tampering with electric meter by domestic consumer, etc \r\n462K. Interference, improper use of tampering with electric meter by industrial or commercial, etc \r\n462L. Interference, improper use or tempering with electric meter by agricultural consumer, etc \r\n462M. Damaging or destroying or destructing the transmission lines, distribution lines, electric meter \r\netc \r\n362N. Recovery of outstanding amounts from persons involved in section 462H to 462M offences \r\n462O. Cognizance \r\n462P. Overriding effect \r\nCHAPTER XVIII \r\nOF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS \r\n463. Forgery \r\n464. Making a false document \r\n465. Punishment for forgery \r\n466. Forgery of record of Court or of public register, etc \r\n467. Forgery for valuable security, will, etc \r\n468. Forgery for purpose of cheating \r\n469. Forgery for purpose of harming reputation \r\n470. Forged document \r\n471. Using as genuine a forged document \r\n472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under \r\nsection 467 \r\n473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise \r\n474. Having possession of document described in section 466 or 467, knowing it to be forged and \r\nintending to use it as genuine \r\n475. Counterfeiting device or mark used for authenticating documents described in section 467, or \r\n \r\nPage 27 of 179 \r\n \r\npossessing counterfeit marked material \r\n476. Counterfeiting device or mark used for authenticating, documents other than those described \r\nin section 467, or possessing counterfeit marked material \r\n477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security \r\n477A. Falsification of accounts \r\nOf Trade, Property and Other Marks \r\n478. Trade mark \r\n479. Property mark \r\n480. Using a false trade mark \r\n481. Using a false property mark \r\n482. Punishment for using a false trade­mark or property mark \r\n483. Counterfeiting a trade mark or property mark used by another \r\n484. Counterfeiting a mark used by a public servant \r\n485. Making or possession of any instrument for counterfeiting a trade mark or property mark \r\n486. Selling goods marked with a counterfeit trade mark or property mark \r\n487. Making a false mark upon any receptacle containing goods \r\n488. Punishment for making use of any such false mark \r\n489. Tampering with property mark with intent to cause injury \r\nOf Currency­Notes and Bank­Notes \r\n489A. Counterfeiting currency­notes or bank­notes \r\n489B. Using as genuine, forged or counterfeit currency­notes or bank­notes \r\n489C. Possession of forged or counterfeit currency­notes or bank­notes \r\n489D. Making or possessing instruments or materials for forging or counterfeiting currency­notes or \r\nbank­notes \r\n489E. Making or using documents resembling currency­notes or bank­notes \r\n489F. Dishonestly issuing a cheque \r\n489G. Counterfeiting or using documents resembling prize bonds or unauthorized sale thereof \r\n \r\n \r\nPage 28 of 179 \r\n \r\nCHAPTER XIX \r\nOF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE \r\n490. [Repealed] \r\n491. Breach of contract to attend on and supply wants of helpless person \r\n492. [Repealed] \r\nCHAPTER XX \r\nOF OFFENCES RELATING TO MARRIAGE \r\n493. [Repealed] \r\n493A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage \r\n494. Marrying again during lifetime of husband or wife \r\n495. Same offence with concealment of former marriage from person with whom subsequent \r\nmarriage is contracted \r\n496. Marriage ceremony fraudulently gone through without lawful marriage \r\n496A. Enticing or taking away or detaining with criminal intent a woman \r\n496B. Fornication \r\n496C. Punishment for false accusation of fornication \r\n497. [Repealed] \r\n498. [Repealed] \r\nCHAPTER XX A \r\nOF OFFENCES AGAINST WOMEN \r\n498A. Prohibition of depriving women from inheriting property \r\n498B. Prohibition of forced marriage \r\n498C. Prohibition of marriage with the Holy Quran \r\nCHAPTER XXI \r\nOF DEFAMATION \r\n499. Defamation \r\n500. Punishment for defamation \r\n501. Printing or engraving matter known to be defamatory \r\n502. Sale of printed or engraved substance containing defamatory matter \r\n \r\nPage 29 of 179 \r\n \r\n502A. Trial of offences under this Chapter \r\n \r\nCHAPTER XXII \r\nOF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE \r\n503. Criminal intimidation \r\n504. Intentional insult with intent to provoke breach of the peace \r\n505. Statement conducing to public mischief \r\n506. Punishment for criminal intimidation; \r\nIf threat be to cause death or grievous hurt, etc \r\n507. Criminal intimidation by an anonymous communication \r\n508. Act caused by inducing person to believe that he will be rendered an object of the Divine \r\ndispleasure \r\n509. Insulting modesty or causing sexual harassment \r\n510. Misconduct in public by a drunken person \r\nCHAPTER XXIII \r\nOF ATTEMPTS TO COMMIT OFFENCES \r\n511. Punishment for attempting to commit offences punishable with imprisonment for life or for a \r\nshorter term \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 30 of 179 \r\n \r\nTHE PAKISTAN PENAL CODE \r\n1Act No. XLV OF 1860 \r\n[6th October, 1860] \r\nCHAPTER I \r\nINTRODUCTION \r\nPreamble. WHEREAS it is expedient to provide a general Penal Code for 2[Pakistan] ; It is \r\nenacted as follows:__ \r\n1. Title and extent of operation of the Code. This Act shall be called the 3[Pakistan] \r\nPenal Code, and shall take effect 4* * * throughout 5[Pakistan]. \r\n2. Punishment of offences committed within Pakistan. Every person shall be liable to \r\npunishment under this Code and not otherwise for every act or omission contrary to the provisions \r\nthereof, of which he shall be guilty within 6[Pakistan] 7* * *. \r\n3. Punishment of offences committed beyond, but which by law may be tried within, \r\nPakistan. Any persons liable, by any 8[Pakistan Law], to be tried for an offence committed beyond \r\n9[Pakistan] shall be dealt with according to the provision of this Code for any act committed beyond \r\n6[Pakistan] in the same manner as if such act had been committed within 6[Pakistan]. \r\n10[4. Extension of Code to extra­territorial offences. The provisions of this Code apply \r\nalso to any offence committed by__ \r\n \r\n1The Pakistan Penal Code has been declared in force in __ \r\nIt has been applied to Phulera in th e Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications ; see N.W.F.P. \r\n(Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) \r\n(Excluded Area) Laws Regulation, 1950 and declared to be in force in that area, w.e.f. 1st June, 1951, see N.W.F.P Gazette, E xt., dated 1­6­1951. \r\nIt has been amended in its application to the N.W.F.P., see N.W.F.P Act s 3 of 1941 and 26 of 1950. \r\nIt has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of \r\nBaluchistan, see Gazette of India, 1937, Pt. I, p. 1499. \r\nIt has also been extended by notification under Article 7 (1) (a) of the N.W.F.P. (Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of 1952), to \r\nthe added area described in the First Schedule to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 195 2, Pt. I, p. 70. \r\nIt has also been amended in its application to the Province of West Pakistan by the Pakistan Pe nal Code (West Pakistan Amdt.) Act, 1963 (W.P. Act 6 of 1963), s. 2 (w.e.f. \r\nthe 18th April, 1963). \r\nIt has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan Amdt.) Act, 1964 (W.P. Act 32 of 1964), s. 2 (w.e.f. \r\n27­4­1964). \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. ( w.e.f.14th October, 1955), for \"the Provinces and the Capital of the \r\nFederation\" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for \"British India\" . \r\n3Subs. by A. O., 1949, Sch., for \"Indian\" . \r\n4The words and figures \"on and from the first day of May, 1861,\" rep. by the Amending Act, 1891 (12 of 1891). \r\n5Certain words and figures which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4, have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. \r\n(w.e.f. 14th October, 1955), to read as above. \r\n6The original words \"the said territories\" which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4 , have now been subs. by Ord. 21 of 1960, s. 3 \r\nand 2nd Sch. (w.e.f.14th October, 1955), to read as above. \r\n7The words and figures \"on or after the said first day of May, 1861\" rep. by Act 12 of 1891. \r\n8The original words \"Law passed by the G.G. of India in C.\" have successively been amended by A. O., 1937 and A. O., 1949, Sch., to read as above. \r\n9The original words \"the limits of the said territories\" have successively been amended by A. O., 1937, Sch., A. O., 1949, and the Central Laws (Statute Reform) Ordinance, \r\n1960 (21 of 1960), s. 3 and 2nd Sch., (w.e.f 14th October' 1955), to read as above. \r\n10Subs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 2, for the original section 4. \r\n \r\n \r\nPage 31 of 179 \r\n \r\n1[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and \r\nbeyond Pakistan ;]; \r\n(2) 2[* * * * * * *] \r\n(3) 3[* * * * * * *] \r\n4[(4) any person on any ship or aircraft registered in 5[Pakistan] wherever it may be.]. \r\nExplanation. In this section the word \"offence\" includes every act committed outside \r\n5[Pakistan] which, if committed in 5[Pakistan], would be punishable under this Code. \r\nIllustrations \r\n(a) A 6[a Pakistan subject], commits a murder in Uganda. He can be tried and \r\nconvicted of murder in any place in 7[Pakistan] in which he may be found. \r\n(b) 8[* * * * * * *] \r\n9[(c) C, a foreigner who is in the service of Pakistan commits a murder in London. \r\nHe can be tried and convicted of murder at any place in Pakistan in which he \r\nmay be found.] \r\n(d) D, a British subject living in 10[Junagadh], instigates E to commit a murder in \r\n11[Lahore]. D is guilty of abetting murder.] \r\n12[5. Certain laws not to be affected by this Act. Nothing in this Act is intended to repeal, \r\nvary, suspend or affect any of the provisions of any Act for punishing mutiny and desertion of officers, \r\nsoldiers, sailors or airmen in the service of the State or of any special or local law.]. \r\nCHAPTER II \r\nGENERAL EXPLANATIONS \r\n6. Definitions in the Code to be understood subject to exceptions. Throughout this \r\nCode every definition of an offenc e, every penal provision and every illustration of every such \r\ndefinition or penal provision, shall be understood subject to the exceptions contained in the chapter \r\nentitled “General Exceptions,” though those exceptions are not repeated in such definition, penal \r\nprovision or illustration. \r\n \r\n1Clause (1) which was amended by A. O., 1949, Ord. 21 of 1960 and A.O., 1961, have been subs. by Federal Laws (Revision and De claration) Ordinance, 1981 (27 of \r\n1981), s. 3 and II Sch., to read as above. \r\n2Clause (2) as amended by A. O., 1949 Sch., has been omitted by A. O., 1961, Art. 2 and Sch., ( w.e.f. 23rd March, 1956). \r\n3Clause (3) as amended by A. O., 1949 and A. O., 1961, have been omitted by Ord. 27 of 1981, s. 3 and II Sch. \r\n4Clause (4) ins. by the Offences on Ships and Aircraft Act, 1940 (4 of 1940), s. 2. \r\n5Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14­10­1955), for \"the Provinces and the Capital of the Federation\" which had been subs, by A. O., 1949, Arts. 3(2) and \r\n4, for \"British India\" . \r\n6Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for \"a coolie, who is a Native Indian subject\" . \r\n7Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., ( w.e.f. the 14th October, 1955), for \"the Provinces and the Capital of the \r\nFederation\" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for \"British India\" . \r\n8Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II. Sch. \r\n9Illustration (c) which was amended by Ord. 21 of 1960 and Act 26 of 1951, have been subs. ibid. \r\n10Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), for \"Bahawalpur\" which had been subs. by Act 26 of 1951, s. 4 and III Sch., for \"Indore\" . \r\n11Subs. by Act 26 of 1951, s. 4 and III Sch., for \"Bombay\" . \r\n12Section 5 as amended by Act 14 of 1870, Act 10 of 1927, s. 2 and Sch. I, Act 35 of 1934. s. 2 and Sch., A. O., 1937, A. O., 1949, Arts. 3 and 4, Ord. 21 of 1960, s. 3 \r\nand 2nd Sch., and A. O., 1961, have been subs. by Ordinance 27 of 1981, s. 3 and II Sch., to read as above. \r\n \r\n \r\nPage 32 of 179 \r\n \r\nIllustrations \r\n(a) The sections in this Code, which contain definitions of offences, do not express \r\nthat a child under seven years of age cannot commit such offences ; but the \r\ndefinitions are to be understood subject to the general exception which provides \r\nthat nothing shall be an offence which is done by a child under seven years of \r\nage. \r\n(b) A, a police officer, without warrant, apprehends Z who has committed murder. \r\nHere A is not guilty of the offence of wrongful confinement ; for he was bound \r\nby law to apprehend Z, and therefore the case falls within the general exception \r\nwhich provides that “nothing is an offence which is done by a person who is \r\nbound by law to do it”. \r\n7. Sense of expression once explained. Every expression which is explained in any part \r\nof this Code is used in every part of this Code in conformity with the explanation. \r\n8. Gender. The pronoun “he” and its derivatives are used of any person, whether male or \r\nfemale. \r\n9. Number. Unless the contrary appears from the context, words importing the singular \r\nnumber include the plural number, and words importing the plural number include the singular number. \r\n10. “Man” “Woman”. The word “man” denotes a male human being of any age : the word \r\n“woman” denotes a female human being of any age. \r\n11. “Person”. The word “person” includes any Company or Association, or body of \r\npersons, whether incorporated or not. \r\n12. “Public”. The word “public” includes any class of the public or any community. \r\n13. [Definition of “Queen”.] Omitted by A.O., 1961, Art. 2 and Sch. (w.e.f. the 23rd March, \r\n1956). \r\n1[14. “Servant of the State”. The words “servant of the State” denote all officers or servants \r\ncontinued, appointed or employed in Pakistan, by or under the authority of the 2[Federal Government] \r\nor any Provincial Government.] \r\n15. [Definition of “British India”.] Rep. by A. O., 1937. \r\n16. [Definition of “Government of India”.] Rep. by A.O., 1937. \r\n17. “Government”. The word “Government” denotes the person or persons authorized by \r\nlaw to administer executive Government in 3[Pakistan, or in any part thereof]. \r\n18. [Definition of “Presidency”.] Rep. by A. O., 1937. \r\n \r\n1The original section 14 has successively been amended by A.O., 1937, A. O., 1949, Sch. and A. O., 196 1, Art. 2 and Sch., (w.e.f. 23rd March, 1956), to read as above. \r\n2Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No.4 of 1975), Art. 2 and Table, for “Central Government”. \r\n3The original words “any part of British India” have successively been a mended by A. O., 1949, Sch., and the Central Laws (Statute Reform) Ordinance, 1960 (21 of \r\n1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), to read as above. \r\n \r\n \r\nPage 33 of 179 \r\n \r\n19. “Judge”. The word “Judge” denotes not only every person who is officially designated \r\nas a Judge, but also every person,– \r\nwho is empowered by law to give, in any legal proceeding, civil or criminal, a definitive \r\njudgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if \r\nconfirmed by some other authority, would be definitive, or \r\nwho is one of a body of persons, which body of persons is empowered by law to give such a \r\njudgment. \r\nIllustrations \r\n(a) 1[* * * * * * *] \r\n(b) A Magistrate exercising jurisdiction in respect of a charge on which he has \r\npower to sentence to fine or imprisonment with or without appeal, is a Judge. \r\n(c) 2[* * * * * * *] \r\n(d) 1[* * * * * * *] \r\n20. “Court of Justice”. The words “Court of Justice” denote a Judge who is empowered \r\nby law to act judicially alone, or a body of Judges which is empo wered by law to act judicially as a \r\nbody, when such Judge or body of Judges is acting judicially. \r\n3[* * * * * * *] \r\n21. “Public servant”. The words “public servant” denote a person falling under any of the \r\ndescriptions hereinafter following, namely:__ \r\n4[* * * * * * *] \r\nSecond.__ Every Commissioned Officer in the Military 5[Naval or Air] Forces of 6[Pakistan] \r\nwhile serving under 7[the 8[Federal Government] or any Provincial Government]; \r\nThird.__ Every Judge ; \r\nFourth.__ Every officer of a Court of Justice whose duty it is, as such officer, to investigate or \r\nreport on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge \r\nor dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, \r\nor to preserve order in the Court ; and every person specially authorized by a Court of Justice to perform \r\nany of such duties ; \r\n \r\n1Illustrations (a) and (d) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. \r\n2Illustration (c) rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and II Sch. \r\n3The original Illustration which was previously subs. by Act 26 of 1951 s. 4 and III Sch., has been omitted by A. O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956). \r\n4Clause First which was amended by A. O., 1961, have been omitted by Ordinance 27 of 1981, s. 3 and II Sch. \r\n5Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch. I, for “or Naval”. \r\n6Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956). \r\n7Subs. by A.O., 1949, Sch., for “any Govt. in British India or the Crown Representative”. \r\n8Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975), Act.2 and Table, for \"Central Governmen t\". \r\n \r\n \r\nPage 34 of 179 \r\n \r\nFifth.__ Every juryman, assessor, or member of a panchayat assisting a Court of Justice or \r\npublic servant ; \r\nSixth.__ Every arbitrator or other person to whom any cause or matter has been referred for \r\ndecision or report by any Court of Justice, or by any other competent public authority ; \r\nSeventh.__ Every person who holds any office by virtue of which he is empowered to place or \r\nkeep any person in confinement ; \r\nEighth.__ Every officer of l[the Government] whose duty it is, as such officer, to prevent \r\noffences, to give information of offences, to bring offenders to justice, or to protect the public health, \r\nsafety or convenience ; \r\nNineth.__ Every officer whose duty it is, as such officer, to take, receive, keep or expend any \r\nproperty on behalf of l[the Government], or to make any survey, assessment or contract on behalf of \r\nl[the Government], or to execute any revenue -process, or to investigate, or to report, on any matter \r\naffecting the pecuniary interests of l[the Government], or to make, authenticate or keep any document \r\nrelating to the pecuniary interests of l[the Government], or to prevent the infraction of any law for the \r\nprotection of the pecuniary interests of 1[the Government], and every officer in the service or pay of \r\nl[the Government] or remunerated by fees or commission for the performance of any public duty ; \r\nTenth.__ Every officer whose duty it is, as such officer, to take, receive, keep or expend any \r\nproperty, to make any survey or assessment or to levy any rate or tax for any secular common purpose \r\nof any village, town or district, or to make, authenticate or keep any document for the ascertaining of \r\nthe rights of the people of any village, town or district ; \r\n2[Eleventh.__ Every person who holds any office in virtue of which he is empowered to prepare, \r\npublish, maintain or revise an electoral roll or to conduct an election or part of an election.] \r\nIllustration \r\nA Municipal Commissioner is a public servant. \r\nExplanation 1 .__ Persons falling under any of the above descriptions are public servants, \r\nwhether appointed by the Government or not. \r\nExplanation 2.__ Wherever the words “public servant” occur, they shall be understood of every \r\nperson who is in actual possession of the situation of a public servant, whatever legal defect there may \r\nbe in his right to hold that situation. \r\n2[Explanation 3 .__ The word “election” denotes an election for the purpose of selecting \r\nmembers of any legislative, municipal or other public authority, of whatever character, the method of \r\nselection to which is by, or under, any law prescribed as by election.] \r\n \r\n \r\n1The original word “Government” has successively been amended by A. O., 1937 and A. O., 1961, Art. 2 ( w.e.f 23rd March, 1956), to read as above. \r\n2Ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), section 2. \r\n \r\n \r\nPage 35 of 179 \r\n \r\n22. “Moveable property”. The words “Moveable property” are intended to include \r\ncorporeal property of every description, except land and thing attached to the earth or permanently \r\nfastened to anything which is attached to the earth. \r\n23. “Wrongful gain”. “Wrongful gain” is gain by unlawful means of property to which \r\nthe person gaining is not legally entitled. \r\n“Wrongful loss”. “Wrongful loss” is the loss by unlawful means of property to which the \r\nperson losing it is legally entitled. \r\nGaining wrongfully. Losing wr ongfully. A person is said to gain wrongfully when such \r\nperson retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose \r\nwrongfully when such person is wrongfully kept out of any property, as well as when such person is \r\nwrongfully deprived of property. \r\n24. “Dishonestly”. Whoever does anything with the intention of causing wrongful gain to \r\none person or wrongful loss to another person, is said to do that thing \"dishonestly\". \r\n25. “Fraudulently”. A person is said to do a thi ng fraudulently if he does that thing with \r\nintent to defraud but not otherwise. \r\n26. “Reason to believe”. A person is said to have “reason to believe” a thing if he has \r\nsufficient cause to believe that thing but not otherwise. \r\n27. Property in possession of wife, clerk or servant. When property is in the possession \r\nof a person's wife, clerk or servant, on account of that person, it is in that person's possession within \r\nthe meaning of this Code. \r\nExplanation.__ A person employed temporarily or on a particular occasion in the capacity of a \r\nclerk, or servant, is a clerk or servant within the meaning of this section. \r\n28. “Counterfeit”. A person is said to “counterfeit” who causes one thing to resemble \r\nanother thing, intending by means of that resemblance to practice deception, or knowing it to be likely \r\nthat deception will thereby be practised. \r\n1[Explanation 1.__ It is not essential to counterfeiting that the imitation should be exact. \r\nExplanation 2.__ When a person causes one thing to resemble another thin g, and the \r\nresemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary \r\nis proved, that the person so causing the one thing to resemble the other thing intended by means of \r\nthat resemblance to practice deception or knew it to be likely that deception would thereby be \r\npractised.] \r\n29. “Document”. The word “document” denotes any matter expressed or described upon \r\nany substance by means of letters, figures or marks, or by more than one of those means, intended to \r\nbe used, or which may be used, as evidence of that matter. \r\nExplanation 1.__ It is immaterial by what means or upon what substance the letters, figures or \r\nmarks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or \r\nnot. \r\n1Subs. by the Metal Tokens Act, 1889 (1 of 1889), s.9, for the original Explanations. \r\n \r\nPage 36 of 179 \r\n \r\nIllustrations \r\nA writing expressing the terms of a contract, which may be used as evidence of the contract, is \r\na document. \r\nA cheque upon a banker is a document. \r\nA Power­of­Attorney is a document. \r\nA map or plan which is intended to be used or which may be used as evidence, is a document. \r\nA writing containing directions or instructions is a document. \r\nExplanation 2.__ Whatever is expressed by means of letters, figures or mark s as explained by \r\nmercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the \r\nmeaning of this section, although the same may not be actually expressed. \r\nIllustration \r\nA writes his name on the back of a bill of exch ange payable to his order. The meaning of the \r\nendorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The \r\nendorsement is a document, and must be construed in the same manner as if the words \"pay to the \r\nholder\" or words to that effect had been written over the signature. \r\n30. “Valuable security”. The words “valuable security” denote a document which is, or \r\npurports to be, a document whereby any legal right is created, extended, transferred, restricted, \r\nextinguished or released, or whereby any person acknowledges that he lies under legal liability, or has \r\nnot a certain legal right. \r\nIllustration \r\nA writes his name on the back of a bill of exchange. As the effect of this endorsement is to \r\ntransfer the right to the bill to any person who may become the lawful holder of it, the endorsement is \r\na “valuable security”. \r\n31. “A will”. The words “a will” denote any testamentary document. \r\n32. Words referring to acts include illegal omissions. In every part of this Code, except \r\nwhere a con trary intention appears from the context, words which refer to acts done extend also to \r\nillegal omissions. \r\n33. “Act” “Omission”. The word “act” denotes as well a series of acts as a single act : the \r\nword “omission” denotes as well a series of omissions as a single omission. \r\n1[34. Acts done by several persons in furtherance of common intention. When a criminal \r\nact is done by several persons, in furtherance of the common intention of all, each of such persons is \r\nliable for that act in the same manner as if it were done by him alone.] \r\n \r\n1Subs. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 1, for the original section. \r\n \r\n \r\nPage 37 of 179 \r\n \r\n \r\n35. When such an act is criminal by reason of its being done with a criminal \r\nKnowledge or intention. Whenever an act, which is criminal only by reason of its being done with a \r\ncriminal knowledge or intention, is done by several persons, each of such persons who joins in the act \r\nwith such knowledge or intention is liable for the act in the same manner as if the act were done by \r\nhim alone with that knowledge or intention. \r\n36. Effect caused partly by act and partly by omission. Wherever the causing of a certain \r\neffect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood \r\nthat the causing of that effect partly by an act and partly by an omission is the same offence. \r\nIllustration \r\nA intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by \r\nbeating Z. A has committed murder. \r\n37. Co­operation by doing one of several acts constituting an offence. When an offence \r\nis committed by means of several acts, whoever intentionally co­operates in the commission of that \r\noffence by doing any one of those acts, either singly or jointly with any other person, commits that \r\noffence. \r\nIllustrations \r\n(a) A and B agree to murder Z by severally and at different times giving him small doses \r\nof poison. A and B administer the poison according to the agreement with intent to \r\nmurder Z. Z dies from the effects of the several doses of poison so administered to him. \r\nHere A and B intentionally co­operate in the commission of murder and as each of them \r\ndoes an act by which the death is caused, they are both guilty of the offence though \r\ntheir acts are separate. \r\n(b) A and B are joint jailors, and as su ch, have the charge of Z, a prisoner, alternately for \r\nsix hours at a time. A and B, intending to cause Z's death, knowingly co­operate in \r\ncausing that effect by illegally omitting, each during the time of his attendance, to \r\nfurnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B \r\nare guilty of the murder of Z. \r\n(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death, illegally \r\nomits to supply Z with food ; in consequence of which Z is much reduced in stre ngth, \r\nbut the starvation is not sufficient to cause his death. A is dismissed from his office, \r\nand B succeeds him. B, without collusion or co­operation with A, illegally omits to \r\nsupply Z with food, knowing that he is likely thereby to cause Z's death. Z d ies of \r\nhunger. B is guilty of murder, but, as A did not co­operate with B, A is guilty only of \r\nan attempt to commit murder. \r\n38. Persons concerned in criminal act may be guilty of different offences. Where \r\nseveral persons are engaged or concerned in the com mission of a criminal act, they may be guilty of \r\ndifferent offences by means of that act. \r\n \r\n \r\nPage 38 of 179 \r\n \r\nIllustration \r\nA attacks Z under such circumstances of grave provocation that his killing of Z would be only \r\nculpable homicide not amounting to murder. B having ill­will towards Z and intending to kill him, and \r\nnot having been subject to the provocation, assists A in killing Z. Here, though A and B are both \r\nengaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. \r\n39. “Voluntarily”. A person is said to cause an effect “voluntarily” when he causes it by \r\nmeans whereby he intended to cause it, or by means which, at the time of employing those means, he \r\nknew or had reason to believe to be likely to cause it. \r\nIllustration \r\nA sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating robbery \r\nand thus causes the death of a person. Here, A may not have intended to cause death, and may even be \r\nsorry that death has been caused by his act : yet, if he knew that h e was likely to cause death, he has \r\ncaused death voluntarily. \r\n1[40. “Offence.” Except in the 2[chapters] and sections mentioned in clauses 2 and 3 of this \r\nsection, the word \"offence\" denotes a thing made punishable by this Code. \r\nIn Chapter IV, 3[Chapter VA] and in the following sections, namely, sections 4[64,] 4[65,] 4[66,] \r\n5[67,] 4[71,] 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, \r\n225, 327, 328, 329, 330, 331, 347, 348, 388, 389, and 445, the word \"offence\" den otes a thing \r\npunishable under this Code, or under any special or local law as hereinafter defined. \r\nAnd in sections 14 1, 176, 177, 201, 202, 212, 216 and 441 the word \"offence\" has the same \r\nmeaning when the thing punishable under the special or local law is punishable under such law with \r\nimprisonment for a term of six months or upwards, whether with or without fine.] \r\n41. “Special law”. A “special law” is a law applicable to a particular subject. \r\n42. “Local Law”. A “local law” is a law applicable only to a pa rticular part of 6[the \r\nterritories comprised in 7[Pakistan]]. \r\n43. “Illegal.” “Legally bound, to do. ” The word “illegal” is applicable to everything \r\nwhich is an offence or which is prohibited by law, or which furnishes ground for a civil action : and a \r\nperson is said to be “legally bound to do” whatever it is illegal in him to omit. \r\n44. “Injury.” The word “injury” denotes any harm whatever illegally caused to any person, \r\nin body, mind, reputation or property. \r\n45. “Life.” The word “life” denotes the life of a human being, unless the contrary appears \r\nfrom the context. \r\n \r\nlSubs. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 2, for the original section 40. \r\n2Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and Sch. I, for “chapter”. \r\n3Ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 2. \r\n4Ins.by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 1. \r\n5Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), section 21(l). \r\n6Subs. by A. O., 1949, Sch., for “British India”. \r\n7Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for “the Provinces” ( w.e.f. 14th October, 1955). \r\n \r\n \r\nPage 39 of 179 \r\n \r\n46. “Death.” The word “death” denotes the death of a human being, unless the contrary \r\nappears from the context. \r\n47. “Animal.” The word “animal” denotes any living creature, other than a human being. \r\n48. “Vessel.” The word “vessel” denotes anything made for the conveyance by water of \r\nhuman beings or of property. \r\n49. “Year.” “Month.” Wherever the word “year” or the wo rd “month” is used, it is to be \r\nunderstood that the year or the month is to be reckoned according to the British calendar. \r\n50. “Section.” The word “section” denotes one of those portions of a chapter of this Code \r\nwhich are distinguished by prefixed numeral figures. \r\n51. “Oath.” The word “oath” includes a solemn affirmation substituted by law for an oath, \r\nand any declaration required or authorized by law to be made before a public servant or to be used for \r\nthe purpose of proof, whether in a Court of Justice or not. \r\n52. “Good faith.” Nothing is said to be done or believed in “good faith” which is done or \r\nbelieved without due care and attention. \r\n1[52A. “Harbour.” Except in section 157, and in section 130 in the case in which the harbour \r\nis given by the wife or husband of the person harboured, the word “harbour” includes the supplying a \r\nperson with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the \r\nassisting a person by any means, whether of the same kind as those enumerated in t his section or not, \r\nto evade apprehension.]. \r\nCHAPTER III \r\nOF PUNISHMENTS \r\n2[53. Punishments.__ The punishments to which offenders are liable under the provisions of \r\nthis Code are,__ \r\nFirstly, Qisas ; \r\nSecondly, Diyat ; \r\nThirdly, Arsh ; \r\nFourthly, Daman ; \r\nFifthly, Ta’zir ; \r\nSixthly, Death ; \r\nSeventhly, Imprisonment for life; \r\n \r\n1Ins. by the Indian Penal Code Amdt. Act, 1942 (8 of 1942), s. 2. \r\n2Subs. by Act II of 1997, s. 2. \r\n \r\n \r\nPage 40 of 179 \r\n \r\nEighthly, Imprisonment which is of two descriptions, namely:__ \r\n(i) Rigorous i.e., with hard labour; \r\n(ii) Simple; \r\nNinthly, Forfeiture of property; \r\nTenthly, Fine.] \r\n \r\n54. Commutation of sentence of death. In every case in which sentence of death shall \r\nhave been passed, 1[the 2[Federal Government] or the Provincial Government of the Province] within \r\nwhich the offender shall have been sentenced may, without the consent of the offender, commute the \r\npunishment for any other punishment provided by this Code 3[:] \r\n3[Provided that, in a case in which sentence of death shall have been passed against an offender \r\nconvicted for an offence of qatl, such sentence shall not be commuted without the consent of the heirs \r\nof the victim.]. \r\n55. Commutation of sentence of imprisonment for life. In every case in which sentence \r\nof 4[imprisonment] for life shall have been passed, 1[the Provincial Government of the Province] within \r\nwhich the offender shall have been sentenced may, without the consent of the offender, commute the \r\npunishment for imprisonment of either description for a term not exceeding fourteen years 3[:] \r\n3[Provided that, in a case in which sentence of imprisonment for life shall have been passed \r\nagainst an offender convicted for an offence punishable under Chapter XVI, such punishment shall not \r\nbe commuted without the consent of the victim or, as the case may be, of his heirs 5[:]]. \r\n5[Provided further that in a case in which the sentence of imprisonment for life has been passed \r\nagainst an offender convicted for an offence punishable under sections 354A, 376, 376A, 377 or 377B, \r\nor where the principle of fasad­fil­arz is attracted, such punishment shall not be commuted.] \r\n6[55A. Saving for 7[President] prerogative. Nothing in section fifty­four or section fifty­five \r\nshall derogate from the right of 8[the President] to grant pardons, reprieves, respites or remissions of \r\npunishment 3[:] \r\n3[Provided that such right shall not, without the consent of the victim or, as the case may be, of \r\nthe heirs of the victim, be exercised for any sentence awarded under Chapter XVI.] \r\n56. [Sentence of Europeans and Americans to penal servitude.] Rep. by the Criminal Law \r\n(Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule. \r\n \r\n1Subs. by A.O., 1937, for “the G. of I. or the Government of the place”. \r\n2Subs. by the Federal Adaptation of Laws Order, 1975, (P.O. No. 4 of 1975), Art. 2 and Table, for “Central Government”. \r\n3Subs. and added by Act II of 1997, ss. 2­5. \r\n4Subs. by Ord. 12 of 1972, s. 2 and Sch., for “transportation”. \r\n5Subs. by Act XLIV of 2016, s. 2. \r\n6Ins. by A. O., 1937, cf. s. 295 of the G. of I. Act, 1935 (26 Geo. 5, ch. 2). \r\n7Subs. by A. O., 1961, Art. 2 and Sch., for “Royal” (w.e.f. 14th October, 1955). \r\n8Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty\", or of the Governor­General if any such right is delegated to him by His Majesty” (w.e.f. \r\n23rd March, 1956). \r\n \r\nPage 41 of 179 \r\n \r\n57. Fractions of terms of punishment. In calculating fractions of terms of \r\npunishment,1[imprisonment for life] shall be reckoned as equivalent to 1[imprisonment] for 2[twenty­ \r\nfive years.] \r\n58. [Offenders sentenced to transportation how de alt with until, transported.] Omitted by \r\nthe Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. \r\n59. [Transportation instead of imprisonment.] Omitted by the Law Reforms Ordinance, \r\n1972 (XII of 1972), s. 2 and Sch. \r\n60. Sentence may be (in certain case s of imprisonment) wholly or partly rigorous or \r\nsimple. In every case in which an offender is punishable with imprisonment which may be of either \r\ndescription, it shall be competent to the Court which sentences such offender to direct in the sentence \r\nthat such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or \r\nthat any part of such imprisonment shall be rigorous and the rest simple. \r\n61. [Sentence of forfeiture of property.] Rep. by the India Penal Code (Amdt.) Act, 19 21 \r\n(XVI of 1921), s. 4. \r\n62. [Forfeiture of property, in respect of offenders punishable with death, transportation \r\nor imprisonment.] Rep. by the Indian Penal Code (Amdt.) Act, 1921 (XVI of 1921), s. 4. \r\n63. Amount of fine. Where no sum is expressed to which a fine may extend, the amount \r\nof fine to which the offender is liable is unlimited, but shall not be excessive. \r\n64. Sentence of imprisonment for non­payment of fine. 3[In every case of an offence \r\npunishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether \r\nwith or without imprisonment, \r\nand in every case of an offence punishable 4[with imprisonment or fine, or] with fine only, in \r\nwhich the offender is sentenced to a fine,] \r\nit shall be competent to the Court which sentences such offender to direct by the sentence that, \r\nin default of payment of the fine, the offender shall suffer imprisonment for a certain term, which \r\nimprisonment shall be in excess of any other imprisonment to which he may have been sentenced or \r\nto which he may be liable under a commutation of a sentence. \r\n65. Limit to imprisonment for non­payment of fine, when imprisonment and fine \r\nawardable. The term for which the Court directs the offender to be imprisoned in default of payment \r\nof a fine shall not exceed one­fourth of the term of imprisonment which is the maximum fixed for the \r\noffence, if the offence be punishable with imprisonment as well as fine. \r\n66. Description of imprisonment for non­payment of fine. The imprisonment which the \r\nCourt imposes in default of payment of a fine may be of any description to which the offender might \r\nhave been sentenced for the offence. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \"transportation\". \r\n2Subs. by Ord. 12 of 1972, s.2 and Sch., for “twenty years.” \r\n3Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 2, for “in every case in which an offender is sentenced to a fine”. \r\n4Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 21(2). \r\n \r\n \r\nPage 42 of 179 \r\n \r\n67. Imprisonment for non­payment of fine, when offence punishable with fine only. If \r\nthe offence be punishable with fine only, 1[the imprisonment which the Court imposes in default of \r\npayment of the fine shall be simple, and] the term for which the Court directs the offender to be \r\nimprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any \r\nterm not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any \r\nterm not exceeding four months when the amount shall not exc eed one hundred rupees, and for any \r\nterm not exceeding six months in any other case. \r\n68. Imprisonment to terminate on payment of fine. The imprisonment which is imposed \r\nin default of payment of a fine shall terminate whenever that fine is either paid or levied by process of \r\nlaw. \r\n69. Termination of imprisonment on payment of proportional part of fine. If, before \r\nthe expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine \r\nbe paid or levied that the term of imprisonmen t suffered in default of payment is not less than \r\nproportional to the part of the fine still unpaid, the imprisonment shall terminate. \r\nIllustration \r\nA is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of \r\npayment. Here, if seventy­five rupees of the fine be paid or levied before the expiration of one month \r\nof the imprisonment, A will be discharged as soon as the first month has expired. If seventy­five rupees \r\nbe paid or levied at the time of the expiration of the first month, or at any later time while A continues \r\nin imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before \r\nthe expiration of two months of the imprisonments, A will be discharged as soon as the two months \r\nare completed. If fifty rupees be paid or levied at the time of the expiration to those two months, or at \r\nany later time while A continues in imprisonment, A will be immediately discharged. \r\n70. Fine leviable within six years, or during imprisonment. Death not to di scharge \r\nproperty from liability. The fine, or any part thereof which remains unpaid, may be levied at any time \r\nwithin six years after the passing of the sentence, and if, under the sentence, the offender be liable to \r\nimpri­ sonment for a longer period than six years, then at any time previous to the expiration of that \r\nperiod ; and the death of the offender does not discharge from the liability any property which would, \r\nafter his death, be legally liable for his debts. \r\n71. Limit of punishment of offence made up of several offences. Where anything which \r\nis an offence is made up of parts, any of which parts is itself an offence, the offender shall not be \r\npunished with the punishment of more than one of such his offences, unless it be so expressly provided. \r\n2[Where anything is an offence falling within two or more separate definitions of any law in \r\nforce for the time being by which offences are defined or punished, or \r\nwhere several acts, of which one or more than one would by itself or themselves constitute an \r\noffence, constitute, when combined, a different offence, \r\nthe offender shall not be punished with a more severe punishment than the Court which tries \r\nhim could award for anyone of such offences.] \r\n \r\n1Ins. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 3 \r\n2Added ibid , s. 4. \r\n \r\nPage 43 of 179 \r\n \r\nIllustrations \r\n(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of \r\nvoluntarily causing hurt to Z by the whole beating, and also by each of the blows which \r\nmake up the whole beating. If A were liable to punishment for every blow, he might be \r\nimprisoned for fifty years, one for each blow. But he is liable only to one punishment \r\nfor the whole beating. \r\n(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the \r\nblow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable \r\nto one punishment for voluntarily causing hurt to Z, and to another for the blow given \r\nto Y. \r\n72. Punishment of person guilty of one of several offences, the judgment stating that \r\nit is doubtful of which. In all cases in which judgment is given that a person is guilty of one of several \r\noffences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the \r\noffender shall be punished for the offence for which the lowest punishment is provided if the same \r\npunishment is not provided for all. \r\n73. Solitary confinement. Whenever any person is convicted of an offence for which under \r\nthis Code the Court has power to sentence him to rigorous imprisonment, the Cou rt may, by its \r\nsentence, order that the offender shall be kept in solitary confinement for any portion or portions of \r\nthe imprisonment to which he is sentenced, not exceeding three months in the whole, according to the \r\nfollowing scale, that is to say__ \r\na time not exceeding one month if the term of imprisonment shall not exceed six months : \r\na time not exceeding two months if the term of imprisonment shall exceed six months and \r\n1[shall not exceed one] year : \r\na time not exceeding three months if the term of imprisonment shall exceed one year. \r\n74. Limit of solitary confinement. In executing a sentence of solitary confinement, such \r\nconfinement shall in no case exceed fourteen days at a time, with intervals between the period of \r\nsolitary confinement of not less duration than such periods, and when the imprisonment awarded shall \r\nexceed three months, the solitary confinement shall not exceed seven days in any one month of the \r\nwhole imprisonment awarded, with intervals between the periods of solitary confinement of no t less \r\nduration than such periods. \r\n75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII \r\nafter previous conviction. 2[Whoever, having been convicted,__ \r\n(a) by a Court in 3[Pakistan] of an offence punishable under Chapter XII or Chapter \r\nXVII of this Code with imprisonment of either description for a term of three \r\nyears or upwards, or \r\n \r\n1Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 5, for “be less than a”. \r\n2Subs. by the Indian Penal Code Amdt. Act, 1910 (3 of 1910), for the original section. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the \r\nCapital of the Federation” which had been subs. by A. O., 1949, Articles, 3(2) and 4, for “British India”. \r\n \r\n \r\nPage 44 of 179 \r\n \r\n(b) 1[* * * * * * *] \r\nshall be guilty of any offence punishable under either of those Chapters with like \r\nimprisonment for the like term, shall be subject for every such subsequent offence to \r\n2[imprisonment for life], or to imprisonment of either description for a term which may extend \r\nto ten years.] \r\nCHAPTER IV \r\nGENERAL EXCEPTIONS \r\n76. Act done by a person bound, or by mistake of fact believing him -self bound, by \r\nlaw. Nothing is an offence which is done by a person who is, or who by r eason of a mistake of fact \r\nand not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. \r\nIllustrations \r\n(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the \r\ncommands of the law. A has committed no offence. \r\n(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after \r\ndue enquiry, believing Z to be Y, arrests Z. A has committed no offence. \r\n77. Act of Judge when acting judicially. Nothing is an offence which is done by a Judge \r\nwhen acting judicially in the exercise of any power which is, or which in good faith he believes to be, \r\ngiven to him by law. \r\n78. Act done pursuant to the judgment or order of Court. Nothing which is done in \r\npursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such \r\njudgment or order remains in force, is an offence, notwithstanding the Court may have had no \r\njurisdiction to pass such judgment or order, provided the person doing the act in good faith believes \r\nthat the Court had such jurisdiction. \r\n79. Act done by a person justified, or by mistake of fact believing himself justified, by \r\nlaw. Nothing is an offence which is done by any person who is justified by law, or who by reason of a \r\nmistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by \r\nlaw, in doing it. \r\nIllustration \r\nA sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his \r\njudgment, exerted in good faith of th e power which the law gives to all persons of apprehending \r\nmurders in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no \r\noffence, though it may turn out that Z was acting in self­defence. \r\n80. Accident in doing a lawful act. Nothing is an offence which is done by accident or \r\nmisfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful \r\nmanner by lawful means and with proper care and caution. \r\n \r\n1Clause (b) as amended by A. O., 1937, A. O., 1949, Ord. 21 of 1960, A.O., 1961 and F.A.O. 1975, have been omitted by the Federal Laws (Revision \r\nand Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n \r\nPage 45 of 179 \r\n \r\nIllustration \r\nA is at work with a hatchet ; the head flies off and kills a man who is standing by. Here if there \r\nwas no want of proper caution on the part of A, his act is excusable and not an offence. \r\n81. Act likely to cause harm, but done without criminal intent, and to prevent other \r\nharm. Nothing is an offence merely by reason of its being done with the knowledge that it is likely to \r\ncause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose \r\nof preventing or avoiding other harm to person or property. \r\nExplanation.__ It is a question of fact in such a case whether the harm to be prevented or \r\navoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the \r\nknowledge that it was likely to cause harm. \r\n \r\nIllustrations \r\n(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his \r\npart, finds himself in such a position that, before he can stop his vessel, he must \r\ninevitably run down a boat B, with twenty or thirty passengers on board, unless he \r\nchanges the course of his vessel, and that, by changing his course, he must incur risk of \r\nrunning down a boat C with only two passengers on board, which he may possibly clear. \r\nHere, if A alters his c ourse without any intention to run down the boat C and in good \r\nfaith for the purpose of avoiding the danger to the passengers in the boat B, he is not \r\nguilty of an offence, though he may run down the boat C by doing an act which he knew \r\nwas likely to cause that effect, if it be found as a matter of fact that the danger which \r\nhe intended to avoid was such as to excuse him in incurring the risk of running down \r\nC. \r\n(b) A, in a great fire, pulls down houses in order to prevent the conflagration from \r\nspreading. He does this with the intention in good faith of saving human life or property. \r\nHere, if it be found that the harm to be prevented was of such a nature and so imminent \r\nas to excuse A’s act, A is not guilty of the offence. \r\n82. Act of child under 1[ten] years of age. Nothing is an offence which is done by a child \r\nunder 1[ten] years of age. \r\n83. Act of a child above 1[ten] and under 1[fourteen] of immature understanding. \r\nNothing is an offence which is done by a child above 1[ten] years of age and under 1[fourteen], who \r\nhas not attained sufficient maturity of understanding to judge of the nature and consequences of his \r\nconduct on that occasion. \r\n84. Act of a person of unsound mind. Nothing is an offence which is done by a person \r\nwho, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of \r\nthe act, or that he is doing what is either wrong or contrary to law. \r\n \r\n1Subs. by Act X (Second Amdt.) of 2016, s. 2 and 3. \r\n \r\n \r\nPage 46 of 179 \r\n \r\n85. Act of a person incapable of judgment by reason of intoxication caused against his \r\nwill. Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of \r\nintoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or \r\ncontrary to law: provided that the thing which intoxicated him was administered to him without his \r\nknowledge or against his will. \r\n86. Offence requiring a particular intent or knowledge committed by one who is \r\nintoxicated. In cases where an act done is not an offence unless done with a particular knowledge or \r\nintent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had \r\nthe same knowledge as he would have had if he had not been intoxicated, unless the thing which \r\nintoxicated him was administered to him without his knowledge or against his will. \r\n87. Act not intended and not known to be likely to cause death or grievous hurt, done \r\nby consent. Nothing which is not intended to cause death, or grievous hurt, and which is not known \r\nby the doer to be likely to cause death, or grievous hurt, is an offence by reason of any harm which it \r\nmay cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has \r\ngiven consent, whether express or implied, to suffer that harm ; or by reason of any harm which it may \r\nbe known by the doer to be likely to cause to any such person who has consented to take the risk of \r\nthat harm. \r\nIllustration \r\nA and Z agree to fence with each other for amusement. This agreement implies the consent of \r\neach to suffer any harm which in the course of such fencing, may be caused without foul play; and if \r\nA, while playing fairly, hurts Z, A commits no offence. \r\n88. Act not intended to cause death, done by consent in good faith for person’s benefit. \r\nNothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, \r\nor be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for \r\nwhose benefit it is done in good faith, and who has given a consent, whether express or implied, to \r\nsuffer that harm, or to take the risk of that harm. \r\nIllustration \r\nA, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers \r\nunder the painful complaint, but not intending to cause Z’s de ath, and intending, in good faith Z’s \r\nbenefit, performs that operation on Z, with Z’s consent. A has committed no offence. \r\n89. Act done in good faith for benefit of child or insane person, by or by consent of \r\nguardian. Nothing which is done in good faith f or the benefit of a person under twelve years of age, \r\nor of unsound mind, by or by consent, either express or implied, of the guardian or other person having \r\nlawful charge of that person, is an offence by reason of any harm which it may cause, or be intend ed \r\nby the doer to cause or be known by the doer to be likely to cause to that person: \r\nProvisos. Provided— \r\nFirst.__ That this exception shall not extend to the intentional causing of death, or to the \r\nattempting to cause death ; \r\nSecondly.__ That this exception shall not extend to the doing of anything which the person doing \r\nit knows to be likely to cause death, for any purpose other than the preventing of death or grievous \r\n \r\nPage 47 of 179 \r\n \r\nhurt; or the curing of any grievous disease or infirmity ; \r\nThirdly.__ That this exception shall not extend to the voluntary causing of grievous hurt, or to \r\nthe attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, \r\nor the curing of any grievous disease or infirmity ; \r\nFourthly.__ That this except ion shall not extend to the abetment of any offence, to the \r\ncommitting of which offence it would not extend. \r\nIllustration \r\nA, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone \r\nby a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to \r\ncause the child’s death. A is within the exception, inasmuch as his object was the cure of the child. \r\n90. Consent known to be given under fear or misconception. A consent is not such a \r\nconsent as is intended by any section of this Code, if the consent is given by a person under fear of \r\ninjury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, \r\nthat the consent was given in consequence of such fear or misconception ; or \r\nConsent of insane person. if the consent is given by a person who, from unsoundness of mind, \r\nor intoxication, is unable to understand the nature and consequence of that to which he gives his \r\nconsent; or \r\nConsent of child. unless the contrary appears from the context, if the consent is given by a \r\nperson who is under twelve years of age. \r\n91. Exclusion of acts which are offences independently of harm caused. The exceptions \r\nin sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which \r\nthey may cause, or be intended to cause, or be known to be likely to cause, to the person giving the \r\nconsent, or on whose behalf the consent is given. \r\nIllustration \r\nCausing miscarriage (unless caused in good fai th for the purpose of saving the life of the \r\nwoman) is an offence independently of any harm which it may cause or be intended to cause to the \r\nwoman. Therefore, it is not an offence “by reason of such harm”, and the consent of the woman or of \r\nher guardian to the causing of such miscarriage does not justify the act. \r\n92. Act done in good faith for benefit of a person without consent. Nothing is an offence \r\nby reason of any harm which it may cause to a person for whose benefit it is done in good faith, even \r\nwithout that person's consent, if the circumstances are such that it is impossible for that person to \r\nsignify consent, or if that person is incapable of giving consent, and has no guardian or other person \r\nin lawful charge of him from whom it is possible to obt ain consent in time for the thing to be done \r\nwith benefit: \r\nProviso. Provided— \r\nFirst.__ That this exception shall not extend to the intentional causing of death, or the attempting \r\nto cause death; \r\nSecondly.__ That this exception shall not extend to the doing of anything which the person doing \r\n \r\nPage 48 of 179 \r\n \r\nit knows to be likely to cause death, for any purp ose other than the preventing of death or grievous \r\nhurt, or the curing of any grievous disease or infirmity; \r\nThirdly.__ That this exception shall not extend to the voluntary causing of hurt, or to the \r\nattempting to cause hurt, for any purpose other than the preventing of death or hurt ; \r\nFourthly.__ That this exception shall not extend to the abetment of any offence, to the \r\ncommitting of which offence it would not extend. \r\nIllustrations \r\n(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds th at Z requires to be \r\ntrepanned. A not intending Z’s death but in good faith for Z’s benefit, performs the \r\ntrepan before Z recovers his power of judging for himself. A has committed no offence. \r\n(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may \r\nkill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives \r\nZ a mortal wound. A has committed no offence. \r\n(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unle ss an \r\noperation be immediately performed. There is no time to apply to the child’s guardian. \r\nA performs the operation inspite of the entreaties of the child, intending, in good faith, \r\nthe child's benefit. A has committed no offence. \r\n(d) A is in a house whi ch is on fire, with Z, a child. People below hold out a blanket. A \r\ndrops the child from the housetop, knowing it to be likely that the fall may kill the child, \r\nbut not intending to kill the child, and intending, in good faith, the child’s benefit. Here \r\neven if the child is killed by the fall, A has committed no offence. \r\nExplanation.__ Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and \r\n92. \r\n93. Communication made in good faith. No communication made in good faith is an \r\noffence by reason of any harm to the person to whom it is made, if it is made for the benefit of that \r\nperson. \r\nIllustration \r\nA, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The \r\npatient dies in consequence of the shock. A has comm itted no offence, though he knew it to be likely \r\nthat the communication might cause the patient’s death. \r\n94. Act to which a person is compelled by threats. Except murder, and offences against \r\nthe State punishable with death, nothing is an offence which is done by a person who is compelled to \r\ndo it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to \r\nthat person will otherwise be the consequence: Provided the person doing the act did not of his own \r\naccord, or from a reasonable apprehension of harm to himself short of instant death, place himself in \r\nthe situation by which he became subject to such constraint. \r\nExplanation 1.__ A person who, of his own accord, or by reason of a threat of being beaten, \r\njoins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the \r\nground of his having been compelled by his associates to do anything that is an offence by law. \r\n \r\nPage 49 of 179 \r\n \r\nExplanation 2.__ A person seized by a gang of dacoits, and forced by threat of instant death, to \r\ndo a thing which is an offence by law ; for example, a smith compelled to take his tools and to force \r\nthe door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. \r\n95. Act causing s light harm. Nothing is an offence by reason that it causes, or that it is \r\nintended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no \r\nperson of ordinary sense and temper would complain of such harm. \r\nOf the Right of Private Defence \r\n96. Things done in private defence. Nothing is an offence which is done in the exercise \r\nof the right of private defence. \r\n97. Right of private defence of the body and of property. Every person has a right, \r\nsubject to the restrictions contained in section 99, to defend__ \r\nFirst.__ His own body, and the body of any other person, against any offence affecting the \r\nhuman body ; \r\nSecondly.__ The property, whether moveable or immoveable, of himself or of any other person, \r\nagainst any act which is an offence falling under the definition of theft, robbery, mischief or criminal \r\ntrespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. \r\n98. Right of private defence against the act of a person of unsound mind, etc. When an \r\nact, which would otherwise be a certain offence is not that offence, by reason of the youth, the want of \r\nmaturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or \r\nby reason of any misconception on the part of that person, every person has the same right of private \r\ndefence against that act which he would have if the act were that offence. \r\nIllustrations \r\n(a) Z, under the influence of madness, attempts to kill A ; Z is guilty of no offence. But A \r\nhas the same right of private defence which he would have if Z were sane. \r\n(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking \r\nA for a house­breaker, attacks A. Here Z, by attacking A under this misconception, \r\ncommits no offence. Bu t A has the same right of private defence against Z, which he \r\nwould have if Z were not acting under that misconception. \r\n99. Acts against which there is no right of private defence. There is no right of private \r\ndefence against an act which does not reasonably cause the apprehension of death or of grievous hurt, \r\nif done, or attempted to be done by a public servant acting in good faith under colour of his office, \r\nthough that act may not be strictly justifiable by law. \r\nThere is no right of private defence again st an act which does not reasonably cause the \r\napprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public \r\nservant acting in good faith under colour of his office though that direction may not be strictly \r\njustifiable by law. \r\nThere is no right of private defence in cases in which there is time to have recourse to the \r\nprotection of the public authorities. \r\n \r\n \r\nPage 50 of 179 \r\n \r\nExtent to which the right may be exercised. The right of private defence in no case extends \r\nto the inflicting of more harm than it is necessary to inflict for the purpose of defence. \r\nExplanation 1.__ A person is not deprived of the right of private defence against an act done, or \r\nattempted to be done, by a public servant, as such, unless he knows, or has reason t o believe, that the \r\nperson doing the act is such public servant. \r\nExplanation 2.__ A person is not deprived of the right of private defence against an act done, or \r\nattempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, \r\nthat the person doing the act is acting by such direction, or unless such person states the authority under \r\nwhich he acts, or if he has authority in writing, unless he produces such authority, if demanded. \r\n100. When the right of private defence o f the body extends to causing death. The right \r\nof private defence of the body extends, under the restrictions mentioned in the last preceding section, \r\nto the voluntary causing of death or of any other harm to the assailant, if the offence which occasions \r\nthe exercise of the right be of any of the descriptions hereinafter enumerated, namely:__ \r\nFirst.— Such an assault as may reasonably cause the apprehension that death will otherwise \r\nbe the consequence of such assault ; \r\nSecondly.— Such an assault as may reasonably cause the apprehension that grievous hurt will \r\notherwise be the consequence of such assault ; \r\nThirdly.— An assault with the intention of committing rape ; \r\nFourthly.— An assault with the intention of gratifying unnatural lust ; \r\nFifthly.__ An assault with the intention of kidnapping or abducting ; \r\nSixthly.__ An assault with the intention of wrongfully confining a person, under circumstances \r\nwhich may reasonably cause him to apprehend that he will be unable to have recourse to the public \r\nauthorities for his release. \r\n101. When such right extends to causing any harm other than death. If the offence be \r\nnot of any of the descriptions enumerated in the last preceding section, the right of private defence of \r\nthe body does not extend to the voluntary causing of death to the assailant, but does extend, under the \r\nrestrictions mentioned in section 99 to the v oluntary causing to the assailant of any harm other than \r\ndeath. \r\n102. Commencement and continuance of the right of private defence of the body. The \r\nright of private defence of the body commences as soon as a reasonable apprehension of danger to the \r\nbody arises from an attempt or threat to commit the offence though the offence may not have been \r\ncommitted ; and it continues as long as such, apprehension of danger to the body continues. \r\n103. When the right of private defence of property extends to causing deat h. The right \r\nof private defence of property extends, under the restrictions mentioned in section 99, to the voluntary \r\ncausing of death or of any other harm to the wrong­doer, if the offence, the committing of which, or \r\nthe attempting to commit which, occas ions the exercise of the right, be an offence of any of the des­ \r\ncriptions hereinafter enumerated, namely :— \r\n \r\n \r\nPage 51 of 179 \r\n \r\nFirst.— Robbery ; \r\nSecondly.— House­breaking by night ; \r\nThirdly.— Mischief by fire committed on any building, tent or vessel, which building, tent \r\nor vessel is used as a human dwelling or as a place for the custody of property ; \r\nFourthly.— Theft, mischief or house­trespass, under such circumstances as may reasonably \r\ncause apprehension that death or grievous hurt will be the consequence, if such right of private defence \r\nis not exercised. \r\n104. When such right extends to causing any harm other than death. If the offence, the \r\ncommitting of which, or the attempting to commit which, occasions the exercise of the right of private \r\ndefence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last \r\npreceding section, that right does not extend to the voluntary causing of death, but does extend, subject \r\nto the restrictions mentioned in section 99, to the voluntary causing to the wrong­doer of any harm \r\nother than death. \r\n105. Commencement and continuance of the right of private defence of p roperty. The \r\nright of private defence of property commences when a reasonable apprehension of danger to the \r\nproperty commences. \r\nThe right of private defence of property against theft continues till the offender has effected his \r\nretreat with the property or either the assistance of the public authorities is obtained, or the property \r\nhas been recovered. \r\nThe right of private defence of properly against robbery continues as long as the offender \r\ncauses or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of \r\ninstant death or of instant hurt or of instant personal restraint continues. \r\nThe right of private defence of property against criminal trespass or mischief continues as long \r\nas the offender continues in the commission of criminal trespass or mischief. \r\nThe right of private defence of property against house­breaking by night continues as long as \r\nthe house­trespass which has been begun by such house­breaking continues. \r\n106. Right of private defence against deadly assault wh en there is risk of harm to \r\ninnocent person. If in the exercise of the right of private defence against an assault which reasonably \r\ncauses the apprehension of death, the defender be so situated that he cannot effectually exercise that \r\nright without risk of harm to an innocent person, his right of private defence extends to the running of \r\nthat risk. \r\nIllustration \r\nA is attached by a mob who attempt to murder him. He cannot effectually exercise his right of \r\nprivate defence without firing on the mob, and he cann ot fire without risk of harming young children \r\nwho are mingled with the mob. A commits no offence if by so firing he harms any of the children. \r\n \r\n \r\n \r\nPage 52 of 179 \r\n \r\nCHAPTER V \r\nOF ABETMENT \r\n107. Abetment of a thing. A person abets the doing of a thing, who— \r\nFirst.— Instigates any person to do that thing ; or, \r\nSecondly.__ Engages with one or more other person or persons in any conspiracy for the \r\ndoing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in \r\norder to the doing of that thing ; or \r\nThirdly.__ Intentionally aids, by any act or illegal omission, the doing of that thing. \r\nExplanation 1.__ A person who, by willful misrepresentation, or by willful concealment of a \r\nmaterial fact which he is bound to disclose, voluntarily causes or pro cures, or attempts to cause or \r\nprocure, a thing to be done, is said to instigate the doing of that thing. \r\nIllustration \r\nA, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, \r\nknowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally \r\ncauses A to apprehend C. Here B abets by instigation the apprehension of C. \r\nExplanation 2. __ Whoever, either prior to or at the time of the commission of an act, does \r\nanything in order to faci litate the commission of that act, and thereby facilitates the commission \r\nthereof, is said to aid the doing of that act. \r\n108. Abettor. A person abets an offence, who abets either the commission of an offence, or \r\nthe commission of an act which would be an o ffence, if committed by a person capable by law of \r\ncommitting an offence with the same intention or knowledge as that of the abettor. \r\nExplanation 1. __ The abetment of the illegal omission of an act may amount to an offence \r\nalthough the abettor may not himself be bound to do that act. \r\nExplanation 2. To constitute the offence of abetment it is not necessary that the act abetted \r\nshould be committed, or that the effect requisite to constitute the offence should be caused. \r\nIllustrations \r\n(a) A instigates B to mur der C. B refuses to do so. A is guilty of abetting B to commit \r\nmurder. \r\n(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from \r\nthe wound. A is guilty of instigating B to commit murder. \r\nExplanation 3.__ It is not neces sary that the person abetted should be capable by law \r\nof committing an offence, or that he should have the same guilty intention or knowledge as that of the \r\nabettor, or any guilty intention or knowledge. \r\n \r\n \r\nPage 53 of 179 \r\n \r\nIllustrations \r\n(a) A, with a guilty inten tion, abets a child or a lunatic to commit an act which would be \r\nan offence, if committed by a person capable by law of committing an offence, and \r\nhaving the same intention as A. Here A, whether the act be committed or not, is guilty \r\nof abetting an offence. \r\n(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to \r\ndo an act which causes Z’s death. B, in consequence of the abetment, does the act in \r\nthe absence of A and thereby, causes Z’s death. Here, though B was not capable by law \r\nof committing an offence, A is liable to be punished in the same manner as if B had \r\nbeen capable by law of committing an offence, and had committed murder, and he is \r\ntherefore subject to the punishment of death. \r\n(c) A instigates B to set fire to a dwelling­house. B, in consequence of the unsoundness of \r\nhis mind, being incapable of knowing the nature of the act, or that he is doing what is \r\nwrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has \r\ncommitted no offence , but A is guilty of abetting the offence of setting fire to a \r\ndwelling­ house, and is liable to the punishment provided for that offence. \r\n(d) A intending to cause a theft to be committed, instigates B to take property belonging to \r\nZ out of Z’s possession. A induces B to believe that the property belongs to A. B takes \r\nthe property out of Z’s possession, in good faith, believing it to be A’s property. B, \r\nacting under this misconception, does not take dishonestly, and therefore does not \r\ncommit theft. But A is guilty of abetting theft, and is liab1e to the same punishment as \r\nif B had committed theft. \r\nExplanation 4 .__ The abetment of an offence being an offence, the abetment of such an \r\nabetment is also an offence. \r\nIllustration \r\nA instigates B to instigate C to mu rder Z. B accordingly instigates C to murder Z, and C \r\ncommits that offence in consequence of B’s instigation. B is liable to be punished for his offence with \r\nthe punishment for murder ; and, as A instigated B to commit the offence, A is also liable to the same \r\npunishment. \r\nExplanation 5.__ It is not necessary to the commission of the offence of abetment by conspiracy \r\nthat the abettor should concert the offence with the person who commits it. It is sufficient if he engages \r\nin the conspiracy in pursuance of which the offence is committed. \r\nIllustration \r\nA concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then \r\nexplains the plan to C mentioning that a third person is to administer the poison, but without \r\nmentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose \r\nof its being used in the manner explained. A administers the poison ; Z dies in consequence. Here, \r\nthough A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance \r\nof which Z has been murdered. C has therefore committed the offence defined in this section and is \r\nliable to the punishment for murder. \r\n \r\nPage 54 of 179 \r\n \r\n1[108A. Abetment in Pakistan of offences outside it. A person abets an offence within the \r\nmeaning of this Code who, in 2[Pakistan], abets the commission of any act without and beyond \r\n2[Pakistan] which would constitute an offence committed in 2[Pakistan]. \r\nIllustration \r\nA, in 2[Pakistan], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of \r\nabetting murder.] \r\n109. Punishment of abetment if the act abetted is committed in consequence and where \r\nno express provision is made for its punishment. Whoever abets any offence shall, if the act abetted \r\nis committed in consequence of the abetme nt, and no express provision is made by this Code for the \r\npunishment of such abetment, be punished with the punishment provided for the offence 3[:] \r\n4[Provided that, except in case of Ikrah­i­Tam (اکراہ تام), the abettor of an offence referred to in \r\nChapter XVI shall be liable to punishment of ta’zir specified for such offence including death.]. \r\nExplanation.__ An act or offence is said to be committed in consequence of abetment, when it \r\nis committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which \r\nconstitutes the abetment. \r\nIllustrations \r\n(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the \r\nexercise of B’s official functions. B accepts the bribe. A has abetted the offence defined \r\nin section 161. \r\n(b) A instigates B to give false evidence. B, in consequence of the instigation commits that \r\noffence. A is guilty of abetting that offence, and is liable to the same punishment as B. \r\n(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison \r\nand delivers it to B in order that he may administer it to Z. B, in pursuance of the \r\nconspiracy, administers the poison to Z in A's absence and thereby causes Z’s dea th. \r\nHere B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is \r\nliable to the punishment for murder. \r\n110. Punishment of abetment if person abetted does act with different intention from \r\nthat of abettor. Whoever abets the commission of an offence shall, if the person abetted does the act \r\nwith a different intention or knowledge from that of the abettor, be punished with the punishment \r\nprovided for the offence which would have been committed if the act had been done with the intention \r\nor knowledge of the abettor and with no other. \r\n111. Liability of abettor when one act abetted and different act done. When an act is \r\nabetted and a different act is done, the abettor is liable for the act done, in the same manner and to the \r\nsame extent as if he had directly abetted it: \r\n \r\n1This Section was added by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 3. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960),s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the \r\nCapital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”. \r\n3Subs. by the criminal law (Amdt.), Act, 1997 (II of 1997), s. 6 for “full­stop”. \r\n4Proviso added ibid. \r\n \r\n \r\n \r\nPage 55 of 179 \r\n \r\nProviso. Provided the act done was a prob able consequence of the abetment, and was \r\ncommitted under the influence of the instigation, or with the aid or in pursuance of the conspiracy \r\nwhich constituted the abetment. \r\nIllustrations \r\n(a) A instigates a child to put poison into the food of Z, and gives him poison for that \r\npurpose. The child, in consequence of the instigation, by mistake puts the poison into \r\nthe food of Y, which is by the side of that of Z. Here if the child was acting under the \r\ninfluence of A's instigation, and the act done was under th e circumstances a probable \r\nconsequence of the abetment, A is liable in the same manner and to the same extent as \r\nif he had instigated the child to put the poison into the food of Y. \r\n(b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits \r\ntheft of property there. A, though guilty of abetting the burning of the house, is not \r\nguilty of abetting the theft ; for the theft was a distinct act, and not a probable \r\nconsequence of the burning. \r\n(c) A instigates B and C to break into an inhabited house at midnight for the purpose of \r\nrobbery, and provides them with arms for that purpose. B and C break into the house, \r\nand being resisted by Z, one of the inmates, murder Z. Here, if that murder was the \r\nprobable consequence of the abetment, A is liable to the punishment provided for \r\nmurder. \r\n112. Abettor when liable to cumulative punishment for act abetted and for act done. If \r\nthe act for which the abettor is liable under the last preceding section is committed in addition to the \r\nact abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the \r\noffences. \r\nIllustration \r\nA instigates B to resist by force a distress made by a public servant. B, in consequence, resists \r\nthat distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the \r\ndistress. As B has committed both the offence of resisting the distress, and the offence of voluntarily \r\ncausing grievous hurt, B is liable to punishment for both these offences ; and, if A new that B was \r\nlikely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for \r\neach of the offences. \r\n113. Liability of abettor for an effect caused by the act abetted different from tha t \r\nintended by the abettor. When an act is abetted with the intention on the part of the abettor of causing \r\na particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a \r\ndifferent effect from that intended by the abettor, the abettor is liable for the effect caused, in the same \r\nmanner and to the same extent as if he had abetted the act with the intention of causing that effect, \r\nprovided he knew that the act abetted was likely to cause that effect. \r\nIllustration \r\nA instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous \r\nhurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause \r\ndeath. A is liable to be punished with the punishment provided for murder. \r\n \r\nPage 56 of 179 \r\n \r\n114. Abettor present when offence is committed. Whenever any person, who if absent \r\nwould be liable to be punished as an abettor, is present when the act or offence for which he would be \r\npunishable in consequence of the abetment is committed, he shall be deemed to have committed such \r\nact or offence. \r\n115. Abetment of offence punishable with death or imprisonment for life if offence not \r\ncommitted; Whoever abets the commission of an offence punishable with death or 1[imprisonment \r\nfor life], shall, if that offence be not committed in consequence of the abetment, and no express pro­ \r\nvision is made by this Code for the punishment of such abetment, be punished with imprisonment of \r\neither description for a term which may extend to seven years, and shall also be liable to fine ; \r\nif act causing harm be done in consequence. and if any act for which the abettor is liable in \r\nconsequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable \r\nto imprisonment of either description for a term which may extend to fourteen years, and shall also be \r\nliable to fine. \r\nIllustration \r\nA instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have \r\nbeen subject to the punishment of death 1[or imprisonment for lif e.] Therefore A is liable to \r\nimprisonment for a term which may extend to seven years and also to a fine ; and, if any hurt be done \r\nto Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend \r\nto fourteen years, and to fine. \r\n116. Abetment of offence punishable with imprisonment__ if offence be not committed; \r\nWhoever abets an offence punishable with imprisonment shall, if that offence be not committed in \r\nconsequence of the abetment, and no express provision is made by this Code for th e punishment of \r\nsuch abetment, be punished with imprisonment of any description provided for that offence for a term \r\nwhich may extend to one­fourth part of the longest term provided for that offence; or with such fine as \r\nis provided for that offence, or with both ; \r\nif abettor or person abetted be a public servant whose duty it is to prevent offence. and if \r\nthe abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such \r\noffence, the abettor shall be punished with imprisonment of any description provided for that offence, \r\nfor a term which may extend to one­half of the longest term provided for that offence, or with such \r\nfine as is provided for the offence, or with both. \r\nIllustrations \r\n(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the \r\nexercise of B’s official functions. B refuses to accept the bribe. A is punishable under \r\nthis section. \r\n(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has \r\nnevertheless committed the offence defined in this section, and is punishable \r\naccordingly. \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. \r\n \r\nPage 57 of 179 \r\n \r\n(c) A, a police­officer, whose duty it is to prevent robbery, abets the commission of \r\nrobbery. Here, though the robbery be not committed, A is liable to one­half of the \r\nlongest term of imprisonment provided for that offence, and also to fine. \r\n(d) B abets the commission of a robbery by A, a police­officer, whose duty it is to prevent \r\nthat offence. Here though the robbery be not committed, B is liable to one­half of the \r\nlongest term of imprisonment provided for the offence of robbery, and also to fine. \r\n117. Abetting commission of offence by the public or by more than ten persons . \r\nWhoever abets the commission of an offence by the public generally or by any number or class of \r\npersons exceeding ten, shall be punished with imprisonment of either description for a term which may \r\nextend to three years, or with fine, or with both. \r\nIllustration \r\nA affixes in a public place a placard instigating a sect consisting of more than ten members to \r\nmeet at a certain time and place, for the purpose of attacking the members of an adverse act, while \r\nengaged in a procession. A has committed the offence defined in this section. \r\n118. Concealing design to commit offence punishable with death or imprisonment for \r\nlife. Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the \r\ncommission of an offence punishable with death or l[imprisonment for life], \r\nif offence be committed; voluntarily conceals, by any act or illegal omission, the existence of \r\na design to commit such offence or makes any representation which he knows to be false respecting \r\nsuch design, \r\nif offence be not committed. shall, if that offence be committed, be punished with \r\nimprisonment of either description for a term which may extend to seven years, or, if the offence be \r\nnot committed, with imprisonment of either description for a term which may extend to three years ; \r\nand in either case shall also be liable to fine. \r\nIllustration \r\nA, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a \r\ndacoity is about to be committed at C, a place in an opposite direction, and thereby mislead s the \r\nMagistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in \r\npursuance of the design. A is punishable under this section. \r\n119. Public servant concealing design to commit offence which it is his duty to prevent. \r\nWhoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby \r\nfacilitate the commission of an offence which it is his duty as such public servant to prevent, \r\nvoluntarily conceals, by any act or illegal omission, t he existence of a design to commit such \r\noffence, or makes any representation which he knows to be false respecting such design, \r\n \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. \r\n \r\n \r\nPage 58 of 179 \r\n \r\nIf offence be committed; shall, if the offence be committed, be punished with imprisonment \r\nof any description provided for the offence, for a term which may extend to one­half of the longest \r\nterm of such imprisonment, or with such fine as is provided for that offence, or with both ; \r\nif offence be punishable with death, etc.; or if the offence be punishable with death or \r\n1[imprisonment for life], with imprisonment of either description for a term which may extend to ten \r\nyears ; \r\nif offence be not committed. or, if the offence be no t committed, shall be punished with \r\nimprisonment of any description provided for the offence for a term which may extend to one­fourth \r\npart of the longest term of such imprisonment or with such fine as is provided for the offence, or with \r\nboth. \r\nIllustration \r\nA, an officer of police, being legally bound to give information of all designs to commit robbery \r\nwhich may come to his knowledge, and knowing that B designs to commit robbery, omits to give such \r\ninformation, with intent to facilitate the commission of that offence. Here A has by an illegal omission \r\nconcealed the existence of B’s design, and is liable to punishment according to the provision of this \r\nsection. \r\n120. Concealing design to commit offence punishable with imprisonment. Whoever, \r\nintending to facil itate or knowing it to be likely that he will thereby facilitate the commission of an \r\noffence punishable with imprisonment, \r\nvoluntarily conceals, by any act or illegal omission, the existence of a design to commit such \r\noffence, or makes any representation which he knows to be false respecting such design, \r\nif offence be committed ; if offence be not committed. shall, if the offence be committed, be \r\npunished with imprisonment of the description provided for the offence, for a term which may extend \r\nto one­four th, and, if the offence be not committed, to one­eighth, of the longest term of such \r\nimprisonment, or with such fine as is provided for the offence, or with both. \r\n2[CHAPTER VA \r\nCRIMINAL CONSPIRACY \r\n120A. Definition of criminal conspiracy. When two or more persons agree to do, or cause to \r\nbe done,__ \r\n(1) an illegal act, or \r\n(2) an act which is not illegal by illegal means, such an agreement is designated a criminal \r\nconspiracy: \r\nProvided that no agreement except an agreement to commit an offence shall amount to a \r\ncriminal conspiracy unless some act besides the agreement is done by one or more parties to such \r\nagreement in pursuance thereof. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. \r\n2Ch. VA ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 3. \r\n \r\nPage 59 of 179 \r\n \r\nExplanation.__ It is immaterial whether the illegal act is the ultimate object of such agreement, \r\nor is merely incidental to that object. \r\n120B. Punishment of criminal conspiracy. (1) Whoever is a party to a criminal conspiracy \r\nto commit an offence punishable with death, 1[imprisonment for life] or rigorous imprisonment for a \r\nterm of two years or upwards, shall, where no express provision is made in this Code for the \r\npunishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. \r\n(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit \r\nan offence punishable as aforesaid shall be punished with imprisonment of either description for a term \r\nnot exceeding six months, or with fine or with both.] \r\nCHAPTER VI \r\nOF OFFENCES AGAINST THE STATE \r\n121. Waging or attempting to wage war or abetting waging of war against Pakistan. \r\nWhoever wages war against 2[Pakistan], or attempts to wage such war, or abets the w aging of such \r\nwar, shall be punished with death, or 1[imprisonment for life], 3[and shall also be liable to fine]. \r\n4[Illustration] \r\n 5[*] A joins an insurrection against 2[Pakistan]. A has committed the offence defined in \r\nthis section. \r\n(b) 6[* * * * * * *] \r\n7[121A. Conspiracy to commit offences punishable by section 121. Whoever within or \r\nwithout 8[Pakistan] conspires to commit any of the offences punishable by section 121, or to deprive \r\n9[Pakistan of the sovereignty of her territories] 10[* * *] or of any part thereof, or conspires to overawe, \r\nby means of criminal force or the show of criminal force, 11[the 12[Federal Government] or any \r\nProvincial Government 13[* * *], shall be punished with 1[imprisonment for life], or with imprisonment \r\nof either description which may extend to ten years, 14[and shall also be liable to fine]. \r\nExplanation.__ To constitute a conspiracy under this section, it is not necessary that any act \r\nor illegal omission shall take place in pursuance thereof.] \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. \r\n2Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956). \r\n3Subs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for “and shall forfeit all his property”. \r\n4Subs. by A. O., 1961, Art. 2 and Sch., for “Illustrations” (w.e.f. 23rd March, 1956). \r\n5The brackets and letter “(a)” omitted ibid. (w.e.f. the 23rd March, 1956). \r\n6Illustration (b) as amended by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., omitted by A. O., 1961, Art. 2 \r\nand Sch. (w.e.f. the 23rd March, 1956). \r\n7S.121A, ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s.4. \r\n8Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), section 3 and 2nd Sch., (w.e.f. 14th October, 1955), for “the Provinces and \r\nthe Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. \r\n9The original words “the Queen of the sovereignty of British India” have successively been amended by A.O., 1949, Arts. 3(2) and 4, Ord. 21 of 1960, \r\ns. 3 and 2nd Sch., (w.e.f. 14th October, 1955), and A.O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956), to read as above. \r\n10The words “of British Burma” omitted by A.O., 1949, Sch. \r\n11Subs. by A. O., 1937, for “the G. of I. or any L.G.”. \r\n12Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for \"Central Government\". \r\n13The words “or the Govt. of Burma” omitted by A. O., 1949, Sch. \r\n14These words were ins. by Act 16 of 1921, s. 3. \r\n \r\nPage 60 of 179 \r\n \r\n122. Collecting arms, etc., with intention of waging war against Pakistan. Whoever \r\ncollects men, arms or ammunition or otherwise prepares to wage war with the intention of either \r\nwaging or being prepared to wage war against 1[Pakistan], shall be punished with 2[imprisonment for \r\nlife] or imprisonment of either description for a term not exceeding ten years, 3[and shall also be liable \r\nto fine]. \r\n123. Concealing with intent to facilities design to wage war. Whoever, by any act, or by \r\nany illegal omission, conceals the existence of a design to wage war against 1[Pakistan], intending by \r\nsuch concealment to facilitate, or knowing it to be likely that such concealment will facilitate the \r\nwaging of such war, shall be punished with imprisonment of either description for a term which may \r\nextend to ten years, and shall also be liable to fine. \r\n4[123A. Condemnation of the creation of the State, and advocacy of abolition of \r\nits sovereignty.__ (1) Whoever, within or witho ut Pakistan, with intent to influence, or knowing it to \r\nbe likely that he will influence, any person or the whole or any section of the public, in a manner likely \r\nto be prejudicial to the safety 5[or ideology] of Pakistan, or to endanger the sovereignty of Pakistan \r\nin respect of all or any of the territories lying within its borders, shall by words, spoken or written, or \r\nby signs or visible representation, 5[abuse Pakistan or] condemn the creation of Pakistan by virtue of \r\nthe partition of India which was e ffected on the fifteenth day of August, 1947, or advocate the \r\ncurtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying \r\nwithin its borders, whether by amalgamation with the territories of neighboring States o r otherwise, \r\nshall be punished with rigorous imprisonment which may extend to ten years and shall also be liable \r\nto fine. \r\n(2) Notwithstanding anything contained in any other law for the time being in force, when \r\nany person is proceeded against under this s ection, it shall be lawful for any Court before which he \r\nmay be produced in the course of the investigation or trial, to make such order as it may think fit in \r\nrespect of his movements, of his association or communication with other persons, and of his activities \r\nin regard to dissemination of news, propagation of opinions, until such time as the case is finally \r\ndecided. \r\n(3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned \r\nin sub­section (2) may also make an order under that sub­section.] \r\n6[123B. Defiling or unauthorisedly removing the National Flag of Pakistan from \r\nGovernment building, etc. __ Whoever deliberately defiles 5[or puts on fire] the National Flag of \r\nPakistan, or unauthorisedly removes it from any building, p remises, vehicle or other property of \r\nGovernment, shall be punished with imprisonment of either description for a term which may extend \r\nto three years, or with fine, or with both.] \r\n124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise \r\nof any lawful power. Whoever, with the intention of inducing or compelling the 7[President] of \r\n \r\n1\r\nSubs. by A. O., 1961, Art. 2 and Sch., for the “the Queen” (w.e.f. 23rd March 1956). \r\n2\r\nSubs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch. for \"transportation for life\". \r\n3\r\nSubs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for “and shall forfeit all his property”. \r\n4\r\nS. 123A ins. by the Pakistan Penal Code (Amdt.) Act, 1950 (71 of 1950), section 2. \r\n5\r\nIns. by Act II of 1992,ss. 2 & 3. \r\n6 Ins. by Ord. XLIII of 1984, s. 2. \r\n7\r\nSubs. by A. O., 1961, Art. 2, for “Governor­General” (w.e.f. 23rd March, 1956). \r\n \r\nPage 61 of 179 \r\n \r\n1[Pakistan], or the Governor of any 2[Province], 3[* * *] 4[* *] 5[* * *], to exercise or refrain \r\nfrom exercising in any manner any of the lawful powers of 6[the President], 7[or Governor], \r\nassaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of \r\ncriminal force or the show of criminal force, or attempts so to overawe, 6[the President], 7[or \r\nGovernor]. \r\nshall be punished with imprisonment of either description for a term which may extend to seven \r\nyears, and shall also be liable to fine. \r\n8[124A. Sedition. Whoever by words, either spoken or written, or by signs, or by visibl e \r\nrepresentation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts \r\nto excite disaffection towards, 9[the 10[Federal] or Provincial Government established by law] shall be \r\npunished with 11[imprisonment for life], to which fine may be added, or with imprisonment which may \r\nextend to three years, to which fine may be added, or with fine. \r\nExplanation 1.__ The expression “disaffection” includes disloyalty and all feelings of enmity. \r\nExplanation 2.__ Comments expressing disapprobation of the measures of the Government with \r\na view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, \r\ncontempt or disaffection, do not constitute an offence under this section. \r\nExplanation 3.__ Comments expressing disapprobation of the administrative or other action of \r\nthe Government without exciting or attempting to excite hatred, contempt or disaffection, do not \r\nconstitute an offence under this section.] \r\n125. Waging war against any 12[*] Power in alliance with Pakistan. Whoever wages war \r\nagainst the Government of any 12[*] Power in alliance or at peace with 13[Pakistan] or attempts to wage \r\nsuch war, or abets the waging of such war, shall be punished with 11[imprisonment for life], to which \r\nfine may be added, or with imprisonment of either description for a term which may extend to seven \r\nyears, to which fine may be added, or with fine. \r\n126. Committing depredation on territories of Power at peace with Pakistan. Whoever \r\ncommits depredation, or makes preparations to commit depredation, on the territories of any Power in \r\nalliance or at peace with 13[Pakistan], shall be punished with imprisonment of either description for a \r\n \r\n \r\n \r\n1\r\nSubs. by A. O., 1949, Sch., for “India”. \r\n2\r\nSubs. by A. O., 1937, for “Presidency”. \r\n3\r\nThe words “or a Lieutenant­Governor” rep., ibid. \r\n4\r\nThe words “or a Member of the Council of the Governor­General of India” omitted by A. O., 1949, Sch. \r\n5\r\nThe words “or of the Council of any Presidency” rep. by A. O.,1937. \r\n6\r\nSubs. by A. O., 1961, Art. 2 and Sch., for “such Governor­General” (w.e.f. 23rd March, 1956). \r\n7\r\nThe original words “Governor, Lieutenant­Governor or Member of Council” have successively been amended by A. O., 1937, and A. O., 1949, Sch., \r\nto read as above. \r\n8\r\nSubs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 4, for the original section 124A, which was ins. by the Indian Penal Code Amdt. Act, \r\n1870 (27 of 1870), s. 5. \r\n9\r\nThe original words “Her Majesty or the Government established by law in British India, shall” have successively been amended by A. O., 1937 A. \r\nO., 1949, Sch., the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. the 14th October, 1955) and A. O., 1961, \r\nArt. 2 and Sch., (w.e.f 23rd March, 1956), to read as above. \r\n10\r\nSubs. by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), Art. 2 and Table for “Central”. \r\n11\r\nSubs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n12Omitted by Act No. II of 1988, s. 2. \r\n13Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956). \r\n \r\nPage 62 of 179 \r\n \r\nterm which may extend to seven years, and shall also be liable to fine and to forfeiture of any property \r\nused or intended to be used in committing such depredation, or acquired by such depredation. \r\n127. Receiving property taken by war or depredation mentioned in sections 125 and \r\n126. Whoever receives any property knowing the same to have been taken in the commission of any \r\nof the offences mentioned in sections 125 and 126, shall be punished with imprisonmen t of either \r\ndescription for a term which may extend to seven years, and shall also be liable to fine and to forfeiture \r\nof the property so received. \r\n128. Public servant voluntarily allowing prisoner of State or war to escape. Whoever, \r\nbeing a public servant and having the custody of any State prisoner or prisoner of war, voluntarily \r\nallows such prisoner to escape from any place in which such prisoner is confined, shall be punished \r\nwith 1[imprisonment for life], or imprisonment of either description for a ter m which may extend to \r\nten years, and shall also be liable to fine. \r\n129. Public servant negligently suffering such prisoner to escape. Whoever, being a \r\npublic servant and having the custody of any State prisoner or prisoner of war, negligently suffers such \r\nprisoner to escape from any place of confinement in which such prisoner is confined, shall be punished \r\nwith simple imprisonment for a term which may extend to three years, and shall also be liable to fine. \r\n130. Aiding escape of, rescuing or harbouring such prisoner. Whoever knowingly aids \r\nor assists any State prisoner or prison of war in escaping from lawful custody, or rescues or attempts \r\nto rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful \r\ncustody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished \r\nwith 1[ imprisonment for life], or with imprisonment of either description for a term which may extend \r\nto ten years, and shall also be liable to fine. \r\nExplanation.__ A State prisoner or prisoner of war, who is permitted to be at large on his parole \r\nwithin certain limits in 2[Pakistan], is said to escape from lawful custody if he goes beyond the limits \r\nwithin which he is allowed to be at large. \r\nCHAPTER VII \r\nOF OFFENCES RELATING TO THE ARMY, 3[NAVY AND AIR FORCE] \r\n131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. \r\nWhoever abets the committing of mutiny by an officer, soldier, 4[sailor or airman], in the Army, 5[Navy \r\nor Air Force] of 6[Pakistan], or attempts to seduce any such officer, soldier, 4[sailor or airman] from \r\nhis allegiance or his duty, shall be punished with 1[imprisonment for life] or with imprisonment of \r\neither description for a term which may extend to ten years, and shall also be liable to fine. \r\n7[Explanation. In this section, the words “officer”, “soldier”, “sailor” or “airman” include any \r\nperson subject to the Pakistan Army Act, 1952 (XXXIX of 1952) or the Pakistan Navy Ordinance, \r\n1961 (XXXV of 1961) or the Pakistan Air Force Act, 1953 (VI of 1953), as the case may be.] \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960(21 of 1960), section 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and \r\nthe Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. \r\n3Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch.I, for “and Navy”. \r\n4Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch.I, for “or sailor”. \r\n5Subs. ibid, for “or Navy”. \r\n6Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen\" (w.e.f. 23rd March, 1956). \r\n7Explanation originally inserted by the Indian Penal Code Amdt. Act, 1870 (27 of 1870) and subsequently amended by Act 10 of 1927, 35 of 1934, and \r\nOrd. 21 of 1960, have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. \r\n \r\n \r\nPage 63 of 179 \r\n \r\n132. Abetment of mutiny, if mutiny is committed in consequence thereof. Whoever abets \r\nthe committing of mutiny by an officer, soldier, 1[sailor or airman], in the Army 2[Navy or Air Force] \r\nof 3[Pakistan], shall, if mutiny be committed in consequence of that abetment, be punished with death \r\nor with 4[imprisonment for life], or imprisonment of either description for a term which may extend to \r\nten years, and shall also be liable to fine. \r\n133. Abetment of assault by soldier, sailor or airman on his superior officer, when in \r\nexecution of his office. Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the \r\nArmy, 2[Navy or Air Force] of 3[Pakistan], on any superior officer being in the execution of his office, \r\nshall be punished with imprisonment of either description for a term which may extend to three years, \r\nand shall also be liable to fine. \r\n134. Abetment of such assault, if the assault is committed. Whoever abets an assault by \r\nan officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], on any superior \r\nofficer being in the execution of his office, shall, if such assault be committed in consequence of that \r\nabetment be punished with imprisonment of either description for a term which may extend to seven \r\nyears, and shall also be liable to fine. \r\n135. Abetment of desertion of soldier, sailor or airman. Whoever abets the desertion of \r\nany officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], shall be \r\npunished with imprisonment of either description for a term whic h may extend to two years, or with \r\nfine, or with both. \r\n136. Harbouring deserter. Whoever, except as hereinafter excepted, knowing or having \r\nreason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of \r\n3[Pakistan], has deserted, harbours such officer, soldier, 1[sailor or airman], shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine, or with \r\nboth. \r\nException.__ This provision does not extend to the case in which the harbour is given by a wife \r\nto her husband. \r\n137. Deserter concealed on board merchant vessel through negligence of master. The \r\nmaster or person incharge of a merchant vessel, on board of which any deserter from the Army, 2[Navy \r\nor Air Force] of 3[Pakistan] is concealed, shall, though ignorant of such concealment, be liable to a \r\npenalty not exceeding 5[one thousand five hundred rupees], if he might have known of such \r\nconcealment but for some neglect of his duty as such master or person in charge, or but for some want \r\nof discipline on board of the vessel. \r\n138. Abetment of act of insubordination by soldier, sailor or airman. Whoever abets \r\nwhat he knows to be an act of insubordination by an officer, soldier, 1[sailor or airman], in the Army, \r\n2[Navy or Air Force] of 3[Pakistan], shall, if such act of insubordination be committed in consequence \r\nof that abetment, be punished with imprisonment of either description for a term which may extend to \r\nsix months, or with fine, or with both. \r\n \r\n1Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I, for “or sailor”. \r\n2Subs. ibid, for “or Navy”. \r\n3Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen\" (w.e.f. 23rd March, 1956). \r\n4Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and sch., for “Transportation for life”. \r\n5Subs by Ord. LXXXVI of 2002, Sch.I, for “five hundred rupees”. \r\n \r\n \r\nPage 64 of 179 \r\n \r\n138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending \r\nAct, 1934 (XXXV of 1934), s. 2 and Sch. \r\n1[139. Persons subject to ce rtain Acts. No person subject to the Pakistan Army Act, 1952, \r\n(XXXIX of 1952) of the Pakistan Air Force Act, 1953, (VI of 1953) or the Pakistan Navy Ordinance, \r\n1961 (XXXV of 1961) is subject to punishment under this Code for any of the offences defined in this \r\nChapter.] \r\n140. Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not \r\nbeing a soldier, 2[sailor or airman] in the Military, 3[Naval or Air] service of 4[Pakistan], wears any \r\ngarb or carries any token resembling any garb or token used by such a soldier 2[sailor or airman] with \r\nthe intention that it may be believed that he is such a soldier, 2[sailor or airman], shall be punished with \r\nimprisonment of either description for a term which may extend to three months, or with fine whic h \r\nmay extend to 5[one thousand five hundred rupees], or with both. \r\nCHAPTER VIII \r\nOF OFFENCES AGAINST THE PUBLIC TRANQUILLITY \r\n141. Unlawful assembly. An assembly of five or more persons is designated an “unlawful \r\nassembly,” if the common object of the persons composing that assembly is__ \r\nFirst.__ To overawe by criminal force, or show of criminal force, 6[the 7[Federal] or any \r\nProvincial Government or Legislature], or any public servant in the exercise of the lawful power of \r\nsuch public servant ; or \r\nSecond.__ To resist the execution of any law, or of any legal process ; or \r\nThird.__ To commit any mischief or criminal trespass, or other offence ; or \r\nFourth.__ By means of criminal force, or show of criminal force, to any person to take or obtain \r\npossession of any property, or to deprive any person of the enjoyment of a right of way, or of the use \r\nof water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right \r\nor supposed right ; or \r\nFifth.__ By means of criminal force, or show of criminal force, to compel any person to do what \r\nhe is not legally bound to do, or to omit to do what he is legally entitled to do. \r\nExplanation.__ An assembly which was not unlawful when it assembled, may subsequently \r\nbecome an unlawful assembly. \r\n142. Being member of unlawful assembly. Whoever, being aware of facts which render \r\nany assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be \r\na member of an unlawful assembly. \r\n \r\n1Section 139 as amended by Act 10 of 1927, 35 of 1934, 39 of 1952, 14 of 1932, 6 of 1953 and Ordinance 21 of 1960 have been subs. by the Federal Laws \r\n(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. \r\n2Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I. for “or sailor”. \r\n3Subs. ibid., for “or Navy”. \r\n4Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” ( w.e.f. 23rd March, 1956). \r\n5Subs. by ord. 86 of 2002, s. 2 and Sch. I, for “five hundred rupees”. \r\n6Subs. by A. O., 1937, for “the Legislative or Executive G. of I, or the Government of any Presidency, or any Lieutenant­Governor.” \r\n7Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for \"Central\". \r\n \r\nPage 65 of 179 \r\n \r\n143. Punishment. Whoever is a member of an unlawful assembly, shall be punished with \r\nimprisonment of either description for a term which may extend to six months, or with fine, or with \r\nboth. \r\n144. Joining unlawful assembly armed with deadly weapon. Whoever, being armed with \r\nany deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a \r\nmember of an unlawful assembly, shall be punished with imprisonment of either description for a term \r\nwhich may extend to two years, or with fine, or with both. \r\n145. Joining or c ontinuing in unlawful assembly, knowing it has been commanded to \r\ndisperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly \r\nhas been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment \r\nof either description for a term which may extend to two years, or with fine, or with both. \r\n146. Rioting. Whenever force or violence is used by an unlawful assembly, or by any \r\nmember thereof, in prosecution of the common object of such assembly, eve ry member of such \r\nassembly is guilty of the offence of rioting. \r\n147. Punishment for rioting. Whoever is guilty of rioting, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine, or with \r\nboth. \r\n148. Rioting, armed with deadly weapon. Whoever is guilty of rioting, being armed with \r\na deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall \r\nbe punished with imprisonment of either description for a term which may extend to three years, or \r\nwith fine, or with both. \r\n149. Every member of unlawful assembly guilty of offence committed in prosecution of \r\ncommon object. If an offence is committed by any member of an unlawful assembly in prosecution \r\nof the common object of that assembly, or such as the members of that assembly knew to be likely to \r\nbe committed in prosecution of that object, every person who, at the time of the committing of that \r\noffence, is a member of the same assembly, is guilty of that offence. \r\n150. Hiring, or conniving at hiring, or persons to join unlawful assembly. Whoever hires \r\nor engages, or employs, or promotes, or connives at the hiring, engagement or employment of any \r\nperson to join or become a member of any unlawful assembly, shall be punishable as a member of \r\nsuch unlawful assembly, and for any offence which may be committed by any such person as a member \r\nof such unlawful assembly in pursuance of such hiring, engagement or employment, in the same \r\nmanner as if he had been a member of such unlawful assembly, or himself had committed such offence. \r\n151. Knowingly joining or continuing in assembly of five or more persons after it has \r\nbeen commanded to disperse. Whoever knowingly joins or continues in any assembly of five or more \r\npersons likely to cause a disturbance of the public peace, after such assembly has been lawfully \r\ncommanded to disperse, shall be punished with imprisonment of either description for a term which \r\nmay extend to six months or with fine, or with both. \r\nExplanation.__ If the assembly is an unlawful assembly within the meaning of section 141, the \r\noffender will be punishable under section 145. \r\n152. Assaulting or obstructing public servant when suppressing riot, etc. Whoever \r\nassaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge \r\n \r\nPage 66 of 179 \r\n \r\nof his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a \r\nriot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be \r\npunished with imprisonment of either description for a term which may extend to three years or with \r\nfine, or with both. \r\n153. Want only giving provocation with intent to cause riot– if rioting be committed; if \r\nnot committed . Whoever malignantly, or wantonly, by doing anything which is illegal, gives \r\nprovocation to any person intending or knowing it to be likely that such provocation will cause the \r\noffence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such \r\nprovocation, be punished with imprisonment of either description for a term which may extend to one \r\nyear, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of \r\neither description for a term which may extend to six months, or with fine, or with both. \r\n1[153A. Promoting enmity between different groups, etc. Whoever,__ \r\n(a) by words, either spoken or written, or by signs, or by visible representations or \r\notherwise, promotes or incites, or attempts to promote or incite, on grounds o f \r\nreligion, race, place of birth, residence, language, caste or community or any \r\nother ground whatsoever , disharmony or feelings of enmity, hatred or ill­will \r\nbetween different r eligious, racial, language or regional groups or castes or \r\ncommunities; or \r\n(b) commits, or incites any other person to commit, any act which is prejudicial to \r\nthe maintenance of harmony between different religious, racial, language or \r\nregional groups or castes, or communities or any group of persons identifiable \r\nas such on any ground whatsoever and which disturbs or is likely to disturb \r\npublic tranquility; or \r\n(c) organizes, or incites any other person to organize, any exercise, movement, drill \r\nor other similar activity intending that the participants in any such activity shall \r\nuse or be trained to use criminal force or violence or knowing it to be likely that \r\nthe participants in any such activity will use or be trained to use criminal force \r\nor violence, or participates, or incites any other person to participate, in any such \r\nactivity intending to use or be trained to use criminal force or violence or \r\nknowing it to be likely that the participants in any such activity will use or be \r\ntrained to use criminal force or violence, against any religious, racial, language \r\nor regional group or caste or community or any group of persons identifiable as \r\nsuch on any ground whatsoever and any such activity for any reason whatsoever \r\ncauses or is likely to cause fear or alarm or a feeling of insecurity amongst \r\nmembers of such religious, racial, language or regional group or caste or \r\ncommunity, \r\nshall be punished with imprisonment for a term which may extend to five years and with fine. \r\nExplanation.__ It does not amount to an offence within the meaning of this section to point out, \r\nwithout malicious intention and with an honest view to their removal, matters which are producing, or \r\nhave a tendency to produce, feelings of enmity or hatred between different religious, racial, langu age \r\nor regional groups or castes or communities]. \r\n1S.153A has successively been amended by the Indian Penal Code Amdt , Act, 1898 (4 of 1898), s. 5, A. O., 1961, Art. 2 and Sch. and the Criminal Law (Amdt.) Act, \r\n1973 (6 of 1973), s. 2. (w.e.f. 28th July, 1973), to read as above. \r\n \r\nPage 67 of 179 \r\n \r\n1[153B. Inducing students, etc., to take part in political activity.__ Whoever by words, either \r\nspoken or written, or by signs, or by visible representations, or otherwise, induce or attempts to induce \r\nany student, or any class of students, or any institution interested in or connected with students, to take \r\npart in any political activity 2[which disturbs or undermines, or is likely to disturb or undermine, the \r\npublic order] shall be punished with imprisonment which may extend to two years or with fine or with \r\nboth.] \r\n154. Owner or occupier of land on which an unlawful assembly is held. Whenever any \r\nunlawful assembly or riot takes place , the owner or occupier of the land upon which such unlawful \r\nassembly is held, or such riot is committed, and any person having or claiming an interest in such land, \r\nshall be punishable with fine not exceeding 3[three thousand rupees], if he or his agent or manager, \r\nknowing that such offence is being or has been committed, or having reason to believe it is likely to \r\nbe committed, do not give the earliest notice thereof in his or their power to the principal officer at the \r\nnearest police­station, and do not, in the case of his or their having reason to believe that it was about \r\nto be committed, use all lawful means in his or their power to prevent it and, in the event of its taking \r\nplace, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful \r\nassembly. \r\n155. Liability of person for whose benefit riot is committed. Whenever a riot is committed \r\nfor the benefit or on behalf of any person who is the owner or occupier of any land respecting which \r\nsuch riot takes place or who claims any interest in such land, or in the subject of any dispute which \r\ngave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be \r\npunishable with fine, if he or his agent or manager, having reason to believe that such riot was likely \r\nto be committed or that the unlawful assembly by which such riot was committed was likely to be held, \r\nshall not respectively use all lawful means in his or their power to prevent such assembly or riot from \r\ntaking place, and for suppressing and dispersing the same. \r\n \r\n156. Liability of agent of owner or occupier for whose benefit riot is co mmitted. \r\nWhenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier \r\nof any land respecting which such riot takes place, or who claims any interest in such land, or in the \r\nsubject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, \r\nthe agent or manager of such person shall be punishable with fine, if such agent or manager, having \r\nreason to believe that such riot was likely to be committed, or that the unlawful assembly b y which \r\nsuch riot was committed was likely to be held, shall not use all lawful means in his power to prevent \r\nsuch riot or assembly from taking place and for suppressing and dispersing the same. \r\n157. Harbouring persons hired for an unlawful assembly. Whoever harbours, receives or \r\nassembles, in any house or premises in his occupation or charge, or under his control any persons, \r\nknowing that such persons have been hired, engaged or employed, or are about to be hired, engaged \r\nor employed, to join or become mem bers of an unlawful assembly, shall be punished with \r\nimprisonment of either description for a term which may extend to six months, or with fine, or with \r\nboth. \r\n158. Being hired to take part in an unlawful assembly or riot. Whoever is engaged or \r\nhired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in \r\n \r\n1S. 153B was ins. by the Pakistan Penal Code (Second Amdt.) Ordinance, 1962 (70 of 1962), s. 2. \r\n2 Ins. by the Pakistan Penal Code (Amdt.) Act, 1965, (20 of 1965), s. 2. \r\n3Subs. by Ord. 86 of 2002, s.2 and Sch. I, for “one thousand rupees”. \r\n \r\n \r\nPage 68 of 179 \r\n \r\n \r\nsection 141, shall be punished with imprisonment of either description for a term which may extend to \r\nsix months, or with fine, or with both, \r\nor to go armed. and whoever, being so engaged or hired as aforesaid, goes armed, or engages \r\nor offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is \r\nlikely to cause death, shall be punished with imprisonment of either description for a term which may \r\nextend to two years, or with fine, or with both. \r\n \r\n159. Affray. When two or more persons, by fighting in a public place, disturb the public \r\npeace, they are said to “commit an affray”. \r\n160. Punishment for committing affray. Whoever commits an affray, shall be punished \r\nwith imprisonment of either description for a term which may extend to one month, or with fine which \r\nmay extend to 1[three hundred rupees], or with both. \r\nCHAPTER IX \r\nOF OFFENCES BY OR RELATING TO PUBLIC SERVANTS \r\n161. Public servant taking gratification other than legal remuneration in respect of an \r\nofficial act. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, \r\nor attempts to obtain from any person, for himself or for any other person, any gratification whatever, \r\nother than legal remuneration, as a motive or reward for doing or for bearing to do any official act or \r\nfor showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any \r\nperson, or for rendering or at tempting to render any service or disservice to any person, 2[with the \r\n3[Federal], or any Provincial Government or Legislature], or with any public servant, as such, shall be \r\npunished with imprisonment of either description for a term which may extend to t hree years or with \r\nfine or with both. \r\nExplanation.__ “Expecting to be a public servant.” If a person not expecting to be in office \r\nobtains a gratification by deceiving others into a belief that he is about to be in office, and that he will \r\nthen serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section. \r\n“Gratification.” The word “gratification” is not restricted to pecuniary gratifications, or to \r\ngratifications estimable in money. \r\n“Legal remuneration.” The words “l egal remuneration” are not restricted to remuneration \r\nwhich a public servant can lawfully demand, but include all remuneration which he is permitted by the \r\n4[authority by which he is employed], to accept. \r\n“A motive or reward for doing.” A person who receiv es a gratification as a motive for doing \r\nwhat he does not intend to do, or as a reward for doing what he has not done, comes within these \r\nwords. \r\n1Subs. by Ord. No. 86 of 2002, s. 2 and Sch. I, for “one hundred rupees”. \r\n2Subs. by A. O., 1937, for “with the Legislative or Executive G. of I., or with the Government of any Presidency, or with any Lieutenant­Governor”. \r\n3Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”. \r\n4Subs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for “government, which he serves”. \r\n \r\n \r\n \r\nPage 69 of 179 \r\n \r\n1[‘Public servant’. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and \r\n409, ‘public servant’ includes an employee of any corporation or other body or organization set up, \r\ncontrolled or administered by, or under the authority of, the Federal Government.] \r\nIllustrations \r\n(a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A’s brother, as a reward \r\nto A for deciding a cause in favour of Z. A has committed the offence defined in this \r\nsection. \r\n(b) A, holding the office of 2[Consul] at the Court of a 3[Foreign] Power accepts a lakh of \r\nrupees from the Minister of that Power. It does not appear, that A accepted this sum as \r\na motive or reward for doing or forbearing to do any particular official act, or for \r\nrendering or attempting to render any particular service to that Power with the \r\n4[Government of Pakistan]. But it does appear that A accepted the sum as a motive or \r\nreward for generally showing favour in the exerci se of his official functions to that \r\nPower. A has committed the offence defined in this section. \r\n(c) A, a public servant, induces Z erroneously to believe that A’s influence with the \r\nGovernment has obtained a title for Z and thus induces Z to give A money as a reward \r\nfor this service. A has committed the offence defined in this section. \r\n162. Taking gratification, in order, by corrupt or illegal means to influence public \r\nservant. Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from an y person, for \r\nhimself or for any other person, any gratification whatever as a motive or reward for inducing, by \r\ncorrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise \r\nof the official functions of such public servant to show favour or disfavour to any person, or to render \r\nor attempt to render any service or disservice to any person 5[with the 6[Federal] or any Provincial \r\nGovernment or Legislature], or with any public servant, as such, shall be punished with imprisonment \r\nof either description for a term which may extend to three years, or with fine, or with both. \r\n163. Taking gratification, for exercise of personal influence with public servant. \r\nWhoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or \r\nfor any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of \r\npersonal influence, any public servant to do or to forbear to do any official act, or in the exercise of \r\nthe official functions of such public servant to show favour or disfavour to any person, or to render or \r\nattempt to render any service or disservice to any person 5[with the 6[Federal] or any Provincial \r\nGovernment or Legislature], or with any public servant, as such, shall be punished with simple \r\nimprisonment for a term which may extend to one year, or with fine, or with both. \r\nIllustration \r\nAn advocate who receives a fee for arguing a case before a Judge ; a person who receives pay for \r\narranging and correcting a memorial addressed to Government, setting forth the services and claims \r\nof the memorialist ; a paid agent for a condemned criminal, who lays before the Government statements \r\n \r\n1Added by the Prevention of Corruption Laws (Amdt.) Act, 1977 (13 of 1977). s. 2 and Sch. \r\n2Subs. by A. O.,1961 Art. 2 and Sch., for “Resident” ( w.e.f. 23rd March, 1956). \r\n3Subs. ibid., for “subsidiary” (w.e.f. 23rd March, 1956). \r\n4Subs. ibid., for “British Government” (w.e.f. 23rd March, 1956). \r\n5Subs. by A. O., 1937, for “with the Legislative or Executive G. of I., or with the Govt. of any Presidency, or with any Lieutenant­Governor”. \r\n6 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”. \r\n \r\nPage 70 of 179 \r\n \r\ntending to show that the condemnation was unjus t,__ are not within this section, inasmuch as they do \r\nnot exercise or profess to exercise personal influence. \r\n164. Punishment for abetment by public servant of offences defined in section 162 or \r\n163. Whoever, being a public servant, in respect of whom either of the offences defined in the last two \r\npreceding sections is committed, abets the offence, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years, or with fine, or with both. \r\nIllustration \r\nA is a public serv ant. B, A’s wife, receives a present as a motive for soliciting A to give an \r\noffice to a particular person. A abets her doing so. B is punishable with imprisonment for a term not \r\nexceeding one year, or with fine, or with both. A is punishable with imprison ment for a term which \r\nmay extend to three years, or with fine, or with both. \r\n165. Public servant obtaining valuable thing, without consideration from person \r\nconcerned in proceeding or business transacted by such public servant. Whoever, being a public \r\nservant, accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other \r\nperson, any valuable thing without consideration, or for a consideration which he knows to be \r\ninadequate, \r\nfrom any person whom he knows to have been, or to be, or to be likely to be concerned in any \r\nproceeding or business transacted or about to be transacted by such public servant, or having any \r\nconnection with the official functions of himself or of any public servant to whom he is subordinate, \r\nor from any person whom he knows to be interested in or related to the person so concerned, \r\nshall be punished with 1[imprisonment of either description for a term which may extend to \r\nthree years], or with fine, or with both. \r\nIllustrations \r\n(a) A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed \r\nthat A shall pay fifty rupees a month, the house being such that, if the bargain were made in \r\ngood faith, A would be required to pay two hundred rupees a month. A has obtained a valuable \r\nthing from Z without adequate consideration. \r\n(b) A, a Judge, buys of Z, who has a case pending in A’s Court, Government promissory notes at \r\na discount, when they are selling in the market at a premium. A has obtained a valuable thing \r\nfrom Z without adequate consideration. \r\n(c) Z’s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to \r\nZ shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for \r\nthe shares accordingly. The money so obtained by A is a valuable thing obtained by him without \r\nadequate consideration. \r\n2[165A. Punishment for abetment of offences defined in sections 161 and 165. Whoever \r\nabets any offence punishable under section 161 or section 165 shall, whether the offence abetted is or \r\nis not committed in consequence of the abetment, be punished with the punishment provided for the \r\noffence.] \r\n \r\n1Subs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for “simple imprisonment for a term which may extend to two yea rs.” \r\n2S.165A was ins. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2. \r\n \r\n \r\nPage 71 of 179 \r\n \r\n1[165B. Certain abettors excepted. A person shall be deemed not to abet an offence \r\npunishable under section 161 or section 165 if he is induced, compelled, coerced, or intimidated to \r\noffer or give any such gratification as is referred to in section 161 for any of the purposes mentioned \r\ntherein, or any valuable thing without consideration, or for an inadequate consideration, to any such \r\npublic servant as is referred to in section 165.] \r\n166. Public servant disobeying law, with intent to cause injury to any person. __ 2[(1)] \r\nWhoever, being a public servant, knowingly disobeys any direction of the law as to the way in which \r\nhe is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he \r\nwill, by such disobedience, cause injury to any person, shall be punished with simple imprisonment \r\nfor a term which may extend to one year, or with fine, or with both. \r\n2[(2) Whoever being a public servant entrusted with the investigation of a case fails to carry \r\nout the investigation properly or diligently or fails to pursue the case in any court of law properly and \r\nin breach of his duties shall be punished with imprisonment of either description for a term which may \r\nextend to three years or with fine or with both.] \r\nIllustration \r\nA, being an officer directed by law to take property in execution, in order to satisfy a decree \r\npronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the \r\nknowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this \r\nsection. \r\n167. Public servant framing an incorrect document with intent to cause injury. \r\nWhoever, being a public servant, and being, as such public servant, char ged with the preparation or \r\ntranslation of any document, frames or translates that document in a manner which he knows or \r\nbelieves to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause \r\ninjury to any person, shall be punished with imprisonment of either description for a term which may \r\nextend to three years, or with fine, or with both. \r\n168. Public servant unlawfully engaging in trade. Whoever, being a public servant, and \r\nbeing legally bound as such public servant not to engage in trade, engages in trade, shall be punished \r\nwith simple imprisonment for a term which may extend to one year, or with fine, or with both. \r\n169. Public servant unlawfully buying or bidding for property. Whoever, being a public \r\nservant, and bein g legally bound as such public servant, not to purchase or bid for certain property, \r\npurchases or bids for that property, either in his own name or in the name of another, or jointly, or in \r\nshares with others, shall be punished with simple imprisonment for a term which may extend to two \r\nyears, or with fine, or with both ; and the property, if purchased, shall be confiscated. \r\n170. Personating a public servant. Whoever pretends to hold any particular office as a \r\npublic servant, knowing that he does not hold such office or falsely personates any other person holding \r\nsuch office, and in such assumed character does or attempts to do any act under colour of such office, \r\nshall be punished with imprisonment of either description, for a term which may extend to two y ears, \r\nor with fine, or with both. \r\n \r\n1S.165B was ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1962 (59 of 1962), s. 2. \r\n2Renumber and added by Act XLIV of 2016, s. 3. \r\n \r\n \r\nPage 72 of 179 \r\n \r\n171. Wearing garb or carrying token used by public servant with fraudulent intent. \r\nWhoever, not belonging to a certain class of public servants, wears any garb or carries any token \r\nresembling any garb or token used by that class of public servants, with the intention that it may be \r\nbelieved, or with the knowledge that it is likely to be b elieved, that he belongs to that class of public \r\nservants, shall be punished with imprisonment of either description, for a term which may extend to \r\nthree months, or with fine which may extend to 1[six hundred rupees], or with both. \r\n2[CHAPTER IXA \r\nOF OFFENCES RELATING TO ELECTIONS \r\n171A. “Candidates” “Electoral right” defined. For the purposes of this Chapter__ \r\n(a) “candidate” means a person who has been nominated as a candidate at any \r\nelection and includes a person who, when an election is in contemplation, holds \r\nhimself out as a prospective candidate thereat ; provided that he is subsequently \r\nnominated as a candidate at such election ; \r\n(b) “electoral right” means the right of a person to stand, or not to stand as, or to \r\nwithdraw from being, a candidate or to vote or refrain from voting at an election. \r\n \r\n171B. Bribery.__ (1) Whoever__ \r\n(i) gives a gratification to any person with the object of inducing him or any other \r\nperson to exercise any electoral right or of rewarding any person for having \r\nexercised any such right ; or \r\n(ii) accepts either for himself or for any other person any gratification as a reward \r\nfor exercising any such right or for inducing or attempting to induce any other \r\nperson, to exercise any such right, \r\ncommits the offence of bribery : \r\nProvided that a declaration of public policy or a promise of public action shall not be an offence \r\nunder this section. \r\n(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification \r\nshall be deemed to give a gratification. \r\n(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be \r\ndeemed to accept a gratification, and a person who accepts a gratification as a motive for doing what \r\nhe does not intend to do, or as a reward for doing what he has not done, Shall be deemed to have \r\naccepted the gratification as a reward. \r\n171C. Undue influence at elections. __ (1) Whoever voluntarily interferes or attempts to \r\ninterfere with the free exercise of any electoral right commits the offence of undue influence at an \r\nelection. \r\n \r\n1Subs.by Ord.86 of 2002, s.2 and Sch.I \r\n2Chapter IXA ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), s. 2. \r\n \r\nPage 73 of 179 \r\n \r\n(2) Without prejudice to the generality of the provisions of sub­section (1), whoever__ \r\n(a) threatens any candidate or voter, or any person in whom a candidate or voter is \r\ninterested, with injury of any kind, or \r\n(b) induces or attempts to induce a candidate or voter to believe that he or any \r\nperson in whom he is interested will become or will be rendered an object of \r\nDivine displeasure or of spiritual censure, \r\nshall be deemed to interfere with the free exercise of the electoral right of such candidate or \r\nvoter, within the meaning of sub­section (1). \r\n(3) A declaration of public policy or a promise of public action, or the mer e exercise of a \r\nlegal right without intent to interfere with an electoral right, shall not be deemed to be interference \r\nwithin the meaning of this section. \r\n171D. Personation at elections. Whoever at an election applies for a voting paper or votes in \r\nthe name of any other person, whether living or dead, or in a fictitious name, or who having voted once \r\nat such election applies at the same election for a voting paper in his own name, and whoever abets, \r\nprocures or attempts to procure the voting by any person in any such way, commits the offence of \r\npersonation at an election. \r\n171E. Punishment for bribery. Whoever commits the offence of bribery shall be punished \r\nwith imprisonment of either description for a term which may extend to one year, or with fine, or with \r\nboth: \r\nProvided that bribery by treating shall be punished with fine only. \r\nExplanation.__ ‘Treating’ means that form of bribery where the gratification consists in food, \r\ndrink, entertainment, or provision. \r\n171F. Punishment for undue influence or personati on at an election. Whoever commits \r\nthe offence of undue influence or personation at an election shall be punished with imprisonment of \r\neither description for a term which may extend to one year, or with fine, or with both. \r\n171G. False statement in connecti on with an election. Whoever with intent to affect the \r\nresult of an election makes or publishes any statement purporting to be a statement of fact which is \r\nfalse and which he either knows or believes to be false or does not believe to be true, in relation to the \r\npersonal character or conduct of any candidate shall be punished with fine. \r\n171H. Illegal payments in connection with an election. Whoever without the general or \r\nspecial authority in writing of a candidate incurs or authorizes expenses on account of the holding of \r\nany public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever \r\nfor the purpose of promoting or procuring the election of such candidate, shall be punished with fine \r\nwhich may extend 1[one thousand five hundred rupees]: \r\nProvided that if any person having incurred any such expenses not exceeding the amount of ten \r\nrupees without authority obtains within ten days from the date on which such expenses were incurred \r\nthe approval in writing of the candidate he shall be deemed to have incurred such expenses with the \r\nauthority of the candidate. \r\n1Sub.by ord No.86 of 2002,s.2 & sch.I, “five hundred rupees”. \r\n \r\nPage 74 of 179 \r\n \r\n171I. Failure to keep election accounts. Whoever being required by any law for the time \r\nbeing in force or any rule having the force of law to keep accounts of expenses incurred at or in \r\nconnection with an election fails to keep such accounts shall be punished with fine which may extend \r\nto five hundred rupees.] \r\n1[171J. Inducing any person not to participate in any election or referendum, etc. __ \r\nWhoever by words, either spoken or written, or by visible representation, induces or, directly or \r\nindirectly, persuades or instigates, any person not to participate in, or to boycott, any election or \r\nreferendum, or not to exercise his right of vote thereat, shall be punishable with imprisonment of either \r\ndescription for a term which may extend to three years, or with fine which may extend to five lac \r\nrupees, or with both.] \r\nCHAPTER X \r\nOF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. \r\n172. Absconding to avoid service of summons or other proceeding. Whoever absconds \r\nin order to avoid being served with a summons, notice or order proceeding from any public servant \r\nlegally competent, as such public servant, to issue such summo ns, notice or order, shall be punished \r\nwith simple imprisonment for a term which may extend to one month, or with fine which may extend \r\nto 2[one thousand five hundred rupees], or with both ; \r\nor, if the summons or notice or order is to attend in person or by agent, or to produce a document \r\nin a Court of Justice, with simple imprisonment for a term which may extend to six months, or with \r\nfine which may extend to 2[three thousand rupees], or with both. \r\n173. Preventing service of summons or other proceeding, or preventing publication \r\nthereof. Whoever in any manner intentionally prevents the serving on himself, or on any other person, \r\nof any summons, notice or order proceeding from any public servant legal1y competent as such public \r\nservant, to issue such summons, notice or order, \r\nor intentionally prevents the lawful affixing to any place of any such summons, notice or order, \r\nor intentionally removes any such summons, notice or order, from any place to which it is \r\nlawfully affixed, \r\nor intentionally prevents the la wful making of any proclamation, under the authority of any \r\npublic servant legally competent, as such public servant, to direct such proclamation to be made, \r\nshall be punished with simple imprisonment for a term which may extend to one month, or \r\nwith fine which may extend to 3[one thousand five hundred rupees], or with both ; \r\nor, if the summons, notice, order or proclamation is to attend in person or by agent, or to \r\nproduce a document in a Court of Justice, with simple imprisonment for a term which may exte nd to \r\nsix months, or with fine which may extend to 3[three thousand rupees], or with both. \r\n \r\n1Added by ord.LIV of 1984,s.2 \r\n2Sub.by ord No.86 of 2002,s.2 & sch.I, “five hundred rupees”. \r\n3Subs. by Ord. 86 of 02, s. 2 & Sch. I. \r\n \r\n \r\nPage 75 of 179 \r\n \r\n174. Non­attendance in obedienc e to an order from public servant. Whoever, being \r\nlegally bound to attend in person or by an agent at a certain place and time in obedience to a summons, \r\nnotice, order or proclamation proceeding from any public servant legally competent, as such public \r\nservant, to issue the same, \r\nintentionally omits to attend at that place or time, or departs from the place where he is bound \r\nto attend before the time at which it is lawful for him to depart, \r\nshall be punished with simple imprisonment for a term which may ext end to one month, or \r\nwith fine which may extend to 1[one thousand five hundred rupees], or with both; \r\nor, if the summons, notice, order or proclamation is to attend in person or by agent in a Court \r\nof Justice, with simple imprisonment for a term which may extend to six months, or with fine which \r\nmay extend to 1[three thousand rupees], or with both 2[;] \r\n3[or, if the proclamation be under section 87 of the Code of Criminal Procedure, 1898, with \r\nimprisonment which may extend to three years, or with fine, or with both.] \r\nIllustrations \r\n(a) A, being legally bound to appear before the 4[High Court of 5[Sind]] in obedience to a \r\nsubpoena issuing from that Court, intentionally omits to appear. A has committed the \r\noffence defined in this section. \r\n(b) A, being legally bound to appear before a Zila Judge, as a witness, in obedience to a \r\nsummons issued by that Zila Judge, intentionally omits to appear. A has committed the \r\noffence defined in this section. \r\n175. Omission to produce document to public servant by person. Whoever, being legally \r\nbound to produce or deliver up any document to any public servant, as such, intentionally omits so to \r\nproduce or deliver up the same, shall be punished with simple imprisonment for a term which may \r\nextend to one month, or with fine which may extend to 1[one thousand five hundred rupees], or with \r\nboth ; \r\nlegally bound to produce it. or, if the document is to be produced or delivered up to a Court \r\nof Justice, with simple imprisonment for a term which may extend to six months, or with fine which \r\nmay extend to 1[three thousand rupees], or with both. \r\nIllustration \r\nA, being legally bound to produce a document before a Zila Court, intentionally omits to \r\nproduce the same. A has committed the offence defined in this section. \r\n \r\n1Subs. by Ord. 86 of 02, s. 2 & Sch. I. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2, and Sch., for full stop. \r\n3New para added ibid. \r\n4Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for “Supreme Court at Calcutta”. \r\n5Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for “East Pakistan” which was previously \r\nsubs. by A. O., 1961, Art. 2, for “East Bengal” (w.e.f. 23rd March, 1956). \r\n \r\n \r\n \r\nPage 76 of 179 \r\n \r\n176. Omission to give notice or information to public servant by person legally bound \r\nto give it. Whoever, being legally bound to give any notice or to furnish information on any subject to \r\nany public servant, as such, intentionally omits to give such notice or to furnish such information in \r\nthe manner and at the time required by law, shall be pu nished with simple imprisonment for a term \r\nwhich may extend to one month, or with fine which may extend to 1[one thousand five hundred rupees], \r\nor with both; \r\nor, if the notice or information required to be given respects the commission of an offence, or \r\nis required for the purpose of preventing the commission of an offence, or in order to the apprehension \r\nof an offender, with simple imprisonment for a term which may extend to six months, or with fine \r\nwhich may extend to 1[three thousand rupees], or with both ; \r\n2[or, if the notice or information required to be given is required by an order passed under sub­ \r\nsection (1) of section 565 of the Code of Criminal Procedure, 1898 (V of 1898) with imprisonment of \r\neither description for a term which may extend to six months, or with fine which may extend to [three \r\nthousand rupees], or with both.] \r\n177. Furnishing false information. Whoever, being legally bound to furnish information \r\non any subject to any public servant, as such, furnishes, as true, information on the subject which he \r\nknows or has reason to believe to be false, shall be punished with simple imprisonment for a term \r\nwhich may extend to six months, or with fine which may exten d to 1[three thousand rupees], or with \r\nboth ; \r\nor, if the information which he is legally bound to give respects the commission of an offence, \r\nor is required for the purpose of preventing the commission of an offence, or in order to the appre­ \r\nhension of an offender, with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\nIllustrations \r\n(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, \r\nwillfully misinforms the Magi strate of the district that the death has occurred by \r\naccident in consequence of the bite of a snake. A is guilty of the offence defined in this \r\nsection. \r\n(b) A, a village watchman, knowing that a considerable body of strangers has passed \r\nthrough his village in order to commit in the house of Z, a wealthy merchant residing \r\nin a neighbouring place, and being bound, under clause 5, section VII, 3Regulation III, \r\n1821, of the Bengal Code, to give early and punctual information of the above fact to \r\nthe officer o f the nearest police station, willfully misinforms the police­officer that a \r\nbody of suspicious characters passed through the village with a view to commit dacoity \r\nin a certain distant place in a different direction. Here A is guilty of the offence defined \r\nin the later part of this section. \r\n \r\n \r\n1Subs. by Ord. 86 of 02, s.2 and Sch. 1. \r\n2Added by the Criminal Law Amdt. Act, 1939 (22 of 1939), s. 2. \r\n3Rep. by Act 17 of 1862. \r\n \r\nPage 77 of 179 \r\n \r\n1[Explanation.__ In section 176 and in this section the word “offence” includes any act \r\ncommitted at any place out of 2[Pakistan], which, if committed in 2[Pakistan], would be punishable \r\nunder any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, \r\n402, 435, 436, 449, 450, 457, 458, 459 and 460 ; and the word “offender” includes any person who is \r\nalleged to have been guilty of any such act.] \r\n178. Refusing oath or affirmation when duly required by public servant to make it. \r\nWhoever refuses to bind himself by an oath 3[or affirmation] to state the truth, when required so to \r\nbind himself by a public servant legally competent to require that he shall so bind himself, shall be \r\npunished with simple imprisonment for a term which may extend to six months, or with fine which \r\nmay extend 4[three thousand rupees], or with both. \r\n179. Refusing to answer public servant authorized to question. Whoever, being legally \r\nbound to state the truth on any subject to any public servant, refuses to answer any question demanded \r\nof him touching that subject by such public servant in the exercise of the legal powers of such public \r\nservant, shall be punished with simple imprisonment for a term which may extend to six months, or \r\nwith fine which may extend to 4 [three thousand rupees], or with both. \r\n180. Refusing to sign statement. Whoever, refuses to sign any statement made by him, \r\nwhen required to sign that statement by a public servant legally competent to require that he shall sign \r\nthat statement, shall be punished with simple imprisonment for a term which may extend to three \r\nmonths, or with fine which may extend to 4[one thousand five hundred rupees], or with both. \r\n181. False statement on oath or affirmation to public servant or person authorised to \r\nadminister an oa th or affirmation. Whoever, being legally bound by an oath 3[or affirmation] to \r\nstate the truth on any subject to any public servant or other person authorized by law to administer \r\nsuch oath 3[or affirmation], makes, to such public servant or other person as aforesaid, touching that \r\nsubject, any statement which is false, and which he either knows or believes to be false or does not \r\nbelieve to be true, shall be punished with imprisonment of either description for a terms which may \r\nextend to three years, and shall also be liable to fine. \r\n5[182. False information with intent to cause public servant to use his lawful power to the \r\ninjury of another person. Whoever gives to any public servant any information which he knows or \r\nbelieves to be false, intending ther eby to cause, or knowing it to be likely that he will thereby cause, \r\nsuch public servant__ \r\n(a) to do or omit anything which such public servant ought not to do or omit if the \r\ntrue state of facts respecting which such information is given were known by \r\nhim, or \r\n(b) to use the lawful power of such public servant to the injury or annoyance of any \r\nperson, \r\n \r\n \r\n1Explanations ins. by the Indian Criminal Law Amdt. Act, 1894 (3 of 1894), s. 5. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14t h October, 1955), for “the Provinces and \r\nthe Capital of the Federation” which had been subs. by A.O., 1949, Art. 3(2) and 4, for “British India”. \r\n3Ins. by the Oaths Act, 1873 (10 of 1873), s. 15. \r\n4 Subs. by Ord. 86 of 02, s.2 and sch. 1. \r\n5Subs. by the Indian Criminal Law Amdt. Act, 1895 (3 of 1895), s. 1 for the original s. 182. \r\n \r\n \r\nPage 78 of 179 \r\n \r\nshall be punished with imprisonment of either description for a term which may 1[extend to__ \r\n(a) seven years in case the offence in which false informat ion is gives in punishable \r\nwith death; \r\n(b) five years in case the offence in which false information is given is punishable with \r\nimprisonment for life; or \r\n(c) one­fourth of the longest term of imprisonment or with fine as is provided for the \r\noffence in which false information is given and such offence is not covered under \r\nclause (a) or clause (b).] \r\nIllustrations \r\n(a) A informs a Magistrate that Z, a police­officer, subordinate to such Magistrate, has been \r\nguilty of neglect of duty or misconduct, knowing such information to be false, and knowing \r\nit to be likely that the information will cause the Magistrate to dismiss Z. A has committed \r\nthe offence defined in this section. \r\n(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such \r\ninformation to be false, and knowing that it is likely that the consequence of the information \r\nwill be a search of Z’s premises, attended with annoyance to Z. A has committed the offence \r\ndefined in this section. \r\n(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood \r\nof a particular village. He does not mention the name of any person as one of the his \r\nassailants, but knows it to be likely that in consequence of this information the police will \r\nmake enquiries an d institute searches in the village to the annoyance of the villagers or \r\nsome of them. A has committed an offence under this section.] \r\n183. Resistance to the taking of property by the lawful authority of a public servant. \r\nWhoever offers any resistance to the taking of any property by the lawful authority of any public servant, \r\nknowing or having reason to believe that he is such public servant, sha ll be punished with imprisonment \r\nof either description for a term which may extend to six months, or with fine w hich may extend to 2[three \r\nthousand rupees], or with both. \r\n184. Obstructing sale of property offered for sale by authority of public servant. Whoever \r\nintentionally obstructs any sale of property offered for sale by the lawful authority of any public servan t, \r\nas such, shall be punished with imprisonment of either description for a term which may extend to one \r\nmonth, or with fine which may extend to 2[one thousand five hundred rupees], or with both. \r\n185. Illegal purchase or bid for property offered for sale b y authority of public servant. \r\nWhoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids \r\nfor any property on account of any person, whether himself or any other, whom he knows to be under a \r\nlegal incapacity to purchase that property at that sale, or bids for such property not intending to perform \r\nthe obligations under which he lays himself by such bidding, shall be punished with imprisonment of either \r\ndescription for a term which may extend to one month, or with fine which may extend to 2[six hundred \r\nrupees], or with both. \r\n \r\n1Subs. by Act No. IV of 2017. s. 2. \r\n2Subs. by Ord. 86 of 02, s. 2 & Sch. I. \r\n \r\nPage 79 of 179 \r\n \r\n186. Obstructing public servant in discharge of public functions. __ 1[(1)] Whoever \r\nvoluntarily obstructs any public servant in the discharge of his public functions, shall be punished with \r\nimprisonment of either description for a term which may extend to 1[one year], or with fine which may \r\nextend to 1[fifty thousand] rupees, or with both. \r\n1[(2) Whoever intentionally hampers, misleads, jeopardizes or defeats an investigation, inquiry \r\nor prosecution or issues a false or defective report in a case under any law for the time being in force \r\nshall be punished with imprisonment for a term which may extend to three years or with fine or with \r\nboth.] \r\n187. Omission to assist public servant when bound by law to give assistance. Whoever, \r\nbeing bound by law to render or furnish assistance to any public servant in the execution of his public \r\nduty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a \r\nterm which may extend to one month, or with fine which may extend to 2[six hundred rupees], or with \r\nboth ; \r\nand if such assistance be demanded of him by a public servant legally competent to make such \r\ndemand for the purposes of executing any process lawfully issued by a Court of Justice, or of \r\npreventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a \r\nperson charged with or guilty of an offence, or of havin g escaped from lawful custody, shall be \r\npunished with simple imprisonment for a term which may extend to six months, or with fine which \r\nmay extend to 2[one thousand five hundred rupees], or with both. \r\n188. Disobedience to order duly promulgated by public servant. Whoever, knowing that, \r\nby an order promulgated by a public servant lawfully empowered to promulgate such order, he is \r\ndirected to abstain from a certain act, or to take certain order with certain property in his possession or \r\nunder his management, disobeys such direction, \r\nshall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of \r\nobstruction, annoyance or injury, to any persons lawfully employed, be punished with simple \r\nimprisonment for a term which may extend to one month or with fine which may extend to 2[six \r\nhundred rupees], or with both ; \r\nand if such disobedience causes or tends to cause danger to human life, health or safety, or \r\ncauses or tends to cause a riot or affray, shall be punished with imprisonment of either description for \r\na term which may extend to six months, or with fine which may extend to 2[three thousand rupees], or \r\nwith both. \r\nExplanation.__ It is not necessary that the offender should intend to produce harm, or \r\ncontemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order \r\nwhich he disobeys, and that his disobedience produces, or is likely to produce, harm. \r\nIllustration \r\nAn order is promulgated by a public servant lawfully empowered to promulgate such order, \r\ndirecting that a religious procession shall not pass down a certain street. A knowingly disobeys the \r\norder, and thereby causes danger of riot. A has committed the offence defined in this section. \r\n \r\n1Renumber, subs. and added by Act XLIV of 2016, s. 4. \r\n2Subs. by Ord. 86 of 02, s. 2 & Sch. I. \r\n \r\nPage 80 of 179 \r\n \r\n189. Threat of injury to public servant. Whoever holds out any threat of injury to any \r\npublic servant, or to any person in whom he believes that public servant to be interested for the purpose \r\nof inducing that public servant to do any act, or to forbear or delay to do any act, connected with the \r\nexercise of the public functions of such public servant, shall be punished with imprisonment of either \r\ndescription for a term which may extend to two years, or with fine, or with both. \r\n190. Threat of injury to induce person to refrain from applying for protection to public \r\nservant. Whoever holds out any threat of injury to any person for the purpose of inducing that person \r\nto refrain or desist from making a legal application for pr otection against any injury to any public \r\nservant legally empowered as such to give such protection, or to cause such protection to be given, \r\nshall be punished with imprisonment of either description for a term which may extend to one year, or \r\nwith fine, or with both. \r\nCHAPTER XI \r\nOF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE \r\n191. Giving false evidence. Whoever being legally bound by an oath or by an express \r\nprovision of law to state the truth, or being bound by law to make a declaration upon any subj ect, \r\nmakes any statement which is false, and which he either knows or believes to be false or does not \r\nbelieve to be true, is said to give false evidence. \r\nExplanation 1.__ A statement is within the meaning of this section, whether it is made verbally \r\nor otherwise. \r\nExplanation 2.__ A false statement as to the belief of the person attesting is within the meaning \r\nof this section, and a person may be guilty of giving false evidence by stating that he believes a thing \r\nwhich he does not believe, as well as by stating that he knows a thing which he does not know. \r\nIllustrations \r\n(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely \r\nswears on a trial that he heard Z admit the justice of B’s claim. A has given false \r\nevidence. \r\n(b) A, being bound by an oath to state the truth, states that he believes a certain signature \r\nto be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here \r\nA states that which he knows to be false, and therefore gives false evidence. \r\n(c) A, knowing the general character of Z’s handwriting, states that he believes a certain \r\nsignature to be the handwriting of Z ; A in good faith believing it to be so. Here A’s \r\nstatement is merely as to his belief, and is true as to his belief, and therefore , although \r\nthe signature may not be the handwriting of Z. A has not given false evidence. \r\n(d) A, being bound by an oath to state the truth, states that he knows that Z was at a \r\nparticular place on a particular day, not knowing anything upon the subject. A gives \r\nfalse evidence whether Z was at that place on the day named or not. \r\n(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of \r\na statement or document, which he is bound by oath to interpret or translate truly, that \r\nwhich is not and which he does not believe to be a true interpretation or translation. A \r\nhas given false evidence. \r\n \r\nPage 81 of 179 \r\n \r\n192. Fabricating false evidence. Whoever causes any circumstance to exist or makes any \r\nfalse entry in any book or record, or makes any document containing a false statement, intending that \r\nsuch circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or \r\nin a proceeding taken by law before a public servant as such, or before an arbitrator, and that such \r\ncircumstance, false entry or false statement, so appearing in evidence, may cause any person who in \r\nsuch proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching \r\nany point material to the result of such proceeding, is said \"to fabricate false evidence \". \r\nIllustrations \r\n(a) A puts jewels into a box belonging to Z, with the intention that they may be found in \r\nthat box, and that this circumstance may cause Z to be convicted of theft. A has \r\nfabricated false evidence. \r\n(b) A makes a false entry in his shop -book for the purpose of using it as corroborative \r\nevidence in a Court of Justice. A has fabricated false evidence. \r\n(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a \r\nletter in imitation of Z's handwriting, purporting to be addressed to an accomplice in \r\nsuch criminal conspiracy, and puts the letter in a place which he knows that the officers \r\nof the Police are likely to search. A has fabricated false evidence. \r\n193. Punishment for false evi dence. Whoever intentionally gives false evidence in any \r\nstage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage \r\nof a judicial proceeding, shall be punished with imprisonment of either description for a term which \r\nmay extend to seven years, and shall also be liable to fine ; \r\nand whoever intentionally gives or fabricates false evidence in any other case, shall be punished \r\nwith imprisonment of either description for a term which may extend to three years, and sh all also be \r\nliable to fine. \r\nExplanation 1.__ A trial before a Court­martial 1* * * is a judicial proceeding. \r\nExplanation 2.__ An investigation directed by law preliminary to a proceeding before a Court \r\nof Justice, is a stage of a judicial proceeding, thoug h that investigation may not take place before a \r\nCourt of Justice. \r\n 2\r\n* * * * * * * \r\nExplanation 3.__ An investigation directed by a Court of Justice according to law, and conducted \r\nunder the authority of a Court of Justice, is a stage of a judicial proceedi ng, though that investigation \r\nmay not take place before a Court of Justice. \r\nIllustration \r\nA, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the \r\nboundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage \r\nof a judicial proceeding, A has given false evidence. \r\n \r\n1The words \"or before a Military Court of Request\" were rep. by the Cantonments Act, 1889 (13 of 1889). Act 13 of 1889 was rep . by the Cantonments Act, 1910 (15 \r\nof 1910) which in turn has been rep. by the Cantonments Act, 1924 (2 of 1924). \r\n2Illustration omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. \r\n \r\nPage 82 of 179 \r\n \r\n194. Giving or fabricating false evidence with intent to procure conviction of \r\ncapital offence; Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it \r\nto be likely that he will thereby cause, any person to be convicted of an offence which is capital 1[by \r\nany law for the time being in force], shall be punished with 2[imprisonment for life], or with rigorous \r\nimprisonment for a term which may extend to ten years, and shall also be liable to fine ; \r\nif innocent person be thereby convicted and executed. and if an innocent person be \r\nconvicted and executed in consequence of such false evidence, the person who gives such false \r\nevidence shall be punished either with death or the punishment hereinbefore described. \r\n195. Giving or fabricating false evidence with intent to procure conviction of offenc e \r\npunishable with 3[imprisonment for life or for a term of seven years or upwards]. Whoever gives \r\nor fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby \r\ncause, any person to be convicted of an offence which l[by any law for the time being in force] is not \r\ncapital, but punishable with 2[imprisonment for life], or imprisonment for a term of seven years or \r\nupwards, shall be punished as a person convicted of that offence would be liable to be punished. \r\nIllustration \r\nA gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted \r\nof a dacoity. The punishment of dacoity is 2[imprisonment for life], or rigorous imprisonment for a \r\nterm which may extend to ten years, with or without fine. A, therefore, is liable to 4[such imprisonment \r\nfor life] or imprisonment, with or without fine. \r\n196. Using evidence known to be false. Whoever corruptly uses or attempts to uses as true \r\nor genuine evidence any evidence which he knows to be false or fabric ated, shall be punished in the \r\nsame manner as if he gave or fabricated false evidence. \r\n197. Issuing or signing false certificate. Whoever issues or signs any certificate required \r\nby law to be given or signed, or relating to any fact of which such certifica te is by law admissible in \r\nevidence, knowing or believing that such certificate is false in any material point, shall be punished in \r\nthe same manner as if he gave false evidence. \r\n198. Using as true a certificate known to be false. Whoever corruptly uses or attempts to \r\nuse any such certificate as a true certificate, knowing the same to be false in any material point, shall \r\nbe punished in the same manner as if he gave false evidence. \r\n199. False statement made in declaration which is by law receivable as evide nce. \r\nWhoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or \r\nany public servant or other person, is bound or authorized by law to receive as evidence of any fact, \r\nmakes any statement which is false, and which he ei ther knows or believes to be false or does not \r\nbelieve to be true, touching any point material to the object for which the declaration is made or used, \r\nshall be punished in the same manner as if he gave false evidence. \r\n200. Using as true such declaration k nowing it to be false. Whoever corruptly uses or \r\nattempts to use as true any such declaration, knowing the same to be false in any material point, shall \r\nbe punished in the same manner as if he gave false evidence. \r\n1The original words, \"by this Code\" have successively been amended by Act 27 of 1870, s. 7, Act 9 of 1890, s. 149, and A. 0., 1949, Sch., to read as above. \r\n2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2. and Sch., for \"transportation or imprisonment\". \r\n4Subs. ibid.. for \"such transportation\". \r\n \r\nPage 83 of 179 \r\n \r\nExplanation.__ A declaration which is inadmissible merely upon the ground of some \r\ninformality, is a declaration within the meaning of sections 199 and 200. \r\n201. Causing disappearance of evidence of offence, or giving false information to screen \r\noffender. Whoever, knowing or having reason to believe that an offence has been committed, causes \r\nany evidence of the commission of that offence to disappe ar, with the intention of screening the \r\noffender from legal punishment, or with that intention gives any information respecting the offence \r\nwhich he knows or believes to be false, \r\nif a capital offence; shall, if the offence which he knows or believes to ha ve been committed \r\nis punishable with death, be punished with imprisonment of either description for a term which may \r\nextend to seven years, and shall also be liable to fine ; \r\nif punishable with 1[imprisonment for life] ; and if the offence is punishable wit h \r\n2[imprisonment for life], or with imprisonment which may extend to ten years shall be punished with \r\nimprisonment of either description for a term which may extend to three years, and shall also be liable \r\nto fine ; \r\n if punishable with less than ten years imprisonment. and if the offence is punishable with \r\nimprisonment for any term not extending to ten years, shall be punished with imprisonment of the \r\ndescription provided for the offence, for a term which may extend to one­fourth part of the longest \r\nterm of the imprisonment provided for the offence, or with fine, or with both. \r\nIllustration \r\nA, knowing that B has murdered Z, assists B to hide the body with the intention of screening \r\nB from punishment. A is liable to imprisonment of either description for seven years, and also to fine. \r\n202. Intentional omission to give information of offence by person bound to inform. \r\nWhoever, knowing or having reason to believe that an offence has been committed, intentionally omits \r\nto give any information respecting that offen ce which he is legally bound to give, shall be punished \r\nwith imprisonment of either description for a term which may extend to six months, or with fine, or \r\nwith both. \r\n203. Giving false information respecting an offence committed. Whoever, knowing or \r\nhaving reason to believe that an offence has been committed, gives any information respecting that \r\noffence which he knows or believes to be false, shall be punished with imprisonment of either \r\ndescription for a term which may extend to two years, or with fine, or with both. \r\n3[Explanation.__ In sections 201 and 202 and in this section the word \"offence\" includes any \r\nact committed at any place out of 4[Pakistan], which, if committed in 4[Pakistan], would be punishable \r\nunder any of the following sections, namely, 30 2, 304, 382, 392, 393, 394 395, 396, 397, 398, 399, \r\n402, 435, 436, 449, 450, 457, 458, 459 and 460.] \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “Transportation”. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n3Explanation ins. by the Indian Criminal Law Amdt. Act, 1894 (3 of 1894), s. 7. \r\n4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. (w.e.f. 14th October, 1955), for \"the Provinces and the Capital of the Federation\" \r\nwhich had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \"British India\". \r\n \r\n \r\nPage 84 of 179 \r\n \r\n204. Destruction of document to prevent its production as evidence. Whoever secretes \r\nor destroys any document which he may be lawfully comp elled to produce as evidence in a Court of \r\nJustice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders \r\nillegible the whole or any part of such document with the intention of preventing the same from being \r\nproduced or used as evidence before such Court or public servant as aforesaid, or after he shall have \r\nbeen lawfully summoned or required to produce the same for that purpose, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine, or with \r\nboth. \r\n205. False personation for purpose of act or proceeding in suit or prosecution. Whoever \r\nfalsely personates another, and in such assumed character makes any admission or statement, or \r\nconfesses judgment, or causes any process to be issued or becomes bail or security, or does any other \r\nact in any suit or criminal prosecution, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years, or with fine, or with both. \r\n206. Fraudulent removal or concealment of property to prevent its seizure as forfeited \r\nor in execution. Whoever fraudulently removes, conceals, transfers or delivers to any person any \r\nproperty or any interest therein, intending thereby to prevent that property or interest therein from \r\nbeing taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or \r\nwhich he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or \r\nfrom being taken in execution of a d ecree or order which has been made, or which he knows to be \r\nlikely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either \r\ndescription for a term which may extend to two years, or with fine, or with both. \r\n207. Fraudulent claim to property to prevent its seizure as forfeited or in execution. \r\nWhoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he \r\nhas no right or rightful claim to such property or interest, or practises any deception touching any right \r\nto any property or any interest therein, intending thereby to prevent that property or interest therein \r\nfrom being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been \r\npronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent \r\nauthority, or from being taken in execution of a decree or order which has been made, or which he \r\nknows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment \r\nof either description for a term which may extend to two years, or with fine, or with both. \r\n208. Fraudulently suffering decree for sum not due. Whoever fraudulently causes or \r\nsuffers a decree or order to be passed against him at the su it of any person for a sum not due, or for a \r\nlarger sum than is due to such person or for any property or interest in property to which such person \r\nis not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it \r\nhas been satisfied, or for anything in respect of which it has been satisfied, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine, or with \r\nboth. \r\nIllustration \r\nA institutes a suit against Z. Z, know ing that A is likely to obtain a decree against him \r\nfraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no \r\njust claim against him, in order that B, either on his own account or for the benefit of Z, may share i n \r\nthe proceeds of any sale of Z's property which may be made under A's decree. Z has committed an \r\noffence under this section. \r\n \r\n \r\nPage 85 of 179 \r\n \r\n209. Dishonestly making false claim in Court. Whoever fraudulently or dishonestly, or \r\nwith intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be \r\nfalse, shall be punished with imprisonment of either description for a term which may extend to two \r\nyears, and shall also be liable to fine. \r\n210. Fraudulently obtaining decree for sum not due. Whoever fraudulently obtains a \r\ndecree or order against any person for a sum not due, or for a larger sum than is due, or for any property \r\nor interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed \r\nagainst any person after it has been satisfied or for anything in respect of which it has been satisfied, \r\nor fraudulently suffers or permits any such act to be done in his name, shall be punished with \r\nimprisonment of either description for a term which may extend to t wo years, or with fine, or with \r\nboth. \r\n211. False charge of offence made with intent to injure. Whoever, with intent to cause \r\ninjury to any person, institutes or causes to be instituted any criminal proceeding against that person, \r\nor falsely charges any person with having committed an offence, knowing that there is no just or lawful \r\nground for such proceeding or charge against that person, shall be punished with imprisonment of \r\neither description for a term which may extend to two years, or with fine, or with both; \r\nand if such criminal proceeding be instituted on a false charge of an offence punishable with \r\ndeath, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with \r\nimprisonment of either description for a term which may extend to seven years, and shall also be liable \r\nto fine. \r\n212. Harbouring offender. Whenever an offence has been committed, whoever harbours \r\nor conceals a person whom he knows or has reason to believe to be the offender, with the intention of \r\nscreening him from legal punishment, \r\nif a capital offence; shall, if the offence is punishable with death, be punished with \r\nimprisonment of either description for a term which may extend to five years, and shall also be liable \r\nto fine; \r\nif punishable with imprisonment for life, or with impriso nment. and if the offence is \r\npunishable with l[imprisonment for life] or with imprisonment which may extend to ten years, shall be \r\npunished with imprisonment of either description for a term which may extend to three years, and shall \r\nalso be liable to fine; \r\nand if the offence is punishable with imprisonment which may extend to one year, and not to \r\nten years, shall be punished with imprisonment of the description provided for the offence for a term \r\nwhich may extend to one­fourth part of the longest term of imprisonment provided for the offence, or \r\nwith fine, or with both. \r\n2[\"Offence\" in this section includes any act committed at any place out of 3[Pakistan], which, \r\nif committed in 3[Pakistan], would be punishable under any of the following sections, namely, \r\n302,304,382,392,393,394,395,396,397,398,399,402,435, 436, 449, 450, 457, 458, 459 and 460 ; and \r\nevery such act shall, for the purposes of this section, be deemed to be punishable as if the accused \r\nperson had been guilty of it in 3[Pakistan.] \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \"transportation for life\". \r\n2Ins. by the Indian Criminal Law Amdt. Act, 1894 (3 of 1894), s. 7. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for \"the Provinces and the \r\nCapital of the Federation\" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for \"British India\". \r\n \r\nPage 86 of 179 \r\n \r\nException.__ This provision shall not extend to any case in which the harbour or concealment is by \r\nthe husband or wife of the offender. \r\nIllustration \r\nA, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal \r\npunishment. Here, as B is liable to 1[imprisonment for life]. A is liable to imprisonment of either description \r\nfor a term not exceeding three years, and is also liable to fine. \r\n213. Taking gift, etc., to screen an offender from punishment. Whoever accepts or attempts \r\nto obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property \r\nto himself or any other person, in consideration of his concealing an offence or of his screening any person \r\nfrom legal punishment for any offence, or of his not proceeding against any person for the purpose of \r\nbringing him to legal punishment, \r\nif a capital offence; shall, if the offence is punishable with death, be punished with imprisonment \r\nof either description for a term which may extend to seven years, and shall also be liable to fine ; \r\nif punishable with imprisonment for life, or with imprisonment. and if the offence is punishable \r\nwith l[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, and shall also be liable to \r\nfine; \r\nand if the offence is punishable with imprisonment not extending to ten years, shall be punished \r\nwith imprisonment of the description provided for the offence for a term which may extend to one­fourth \r\npart of the longest term of imprisonment provided for the offence, or with fine, or with both. \r\n214. Offering gift or restoration of property in consideration of screening offender__ \r\nWhoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore \r\nor cause the restoration of any property to any person, i n consideration of that person's concealing an \r\noffence, or of his screening any person from legal punishment for any offence, or of his not proceeding \r\nagainst any person for the purpose of bringing him to legal punishment, \r\nIf a capital offence; shall, if t he offence is punishable with death, be punished if a capital with \r\nimprisonment of either description for a term which may extend to seven years, and shall also be liable to \r\nfine; \r\nIf punishable with imprisonment for life, or with imprisonment. and if the offence is punishable \r\nwith 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, and shall also be liable to \r\nfine ; \r\nand if the offe nce is punishable with imprisonment not extending to ten years, shall be punished \r\nwith imprisonment of the description provided for the offence for a term which may extend to one­ fourth \r\npart of the longest term of imprisonment provided for the offence, or with fine, or with both. \r\n2[Exception. The provisions of sections 213 and 214 do not extend to any case in which the offence \r\nmay lawfully be compounded.] \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2Subs. by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 6, for the original Exception. \r\n \r\n \r\nPage 87 of 179 \r\n \r\n[Illustrations.] Rep. by the Code of Criminal Procedure, 1882 (X of 1882). \r\n215. Taking gift to help to recover stolen property, etc. Whoever takes or agrees or \r\nconsents to take any gratification under pretence or on account of helping any person to recover any \r\nmoveable property of which he shall have been deprived by any offence punishable under this Code, \r\nshall, unless he uses all means in his power to cause th e offender to be apprehended and convicted of \r\nthe offence, be punished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\n216. Harbouring offender who has escaped from custody or whose apprehension has \r\nbeen ordered__ Whenever any person convicted of or charged with an offence, being in lawful custody \r\nfor that offence, escapes from such custody, \r\nor whenever a public servant, in the exercise of the lawful powers of such public servant, orders \r\na certain person to be apprehended for an offence, whoever, knowing of such escape or order for \r\napprehension, harbours or conceals that person with the intention of preventing him from being \r\napprehended, shall be punished in the manner following, that is to say, \r\nif a capital offenc e; if the offence for which the person was in custody or is ordered to be \r\napprehended is punishable with death, he shall be punished with imprisonment of either description \r\nfor a term which may extend to seven years, and shall also be liable to fine; \r\nif punishable with imprisonment for life, or with imprisonment. if the offence is punishable \r\nwith 1[imprisonment for life], or imprisonment for ten years, he shall be punished with imprisonment \r\nof either description for a term which may extend to three years, with or without fine; \r\nand if the offence is punishable with imprisonment which may extend to one year and not to \r\nten years, he shall be punished with imprisonment of the description provided for the offence for a \r\nterm which may extend to one­fourth part of the longest term of the imprisonment provided for such \r\noffence or with fine, or with both. \r\n2[\"Offence\" in this section includes also any act or omission of which a person is alleged to \r\nhave been guilty out of 3[Pakistan] which, if he had been guilty of it in 3[Pakistan], would have been \r\npunishable as an offence, and for which he is, under any law relating to extradition, 4[* * * ] or \r\notherwise, liable to be apprehended or detained in custody in 3[Pakistan], and every such act or \r\nomission shall, for the purpo ses of this section, be deemed to be punishable as if the accused person \r\nhad been guilty of it in 3[Pakistan].] \r\nException.__ This provision does not extend to the case in which the harbour or concealment \r\nis by the husband or wife of the person to be apprehended. \r\n5[216A. Penalty for harbouring robbers or dacoits. Whoever, knowing or having reason to \r\nbelieve that any persons are about to commit or have recently committed robbery or dacoity, harbours \r\nthem or any of them, with the intention of facilitating the commission of such robbery or dacoity, or \r\nof screening them or any of them from punishment, shall be punished with rigorous imprisonment for \r\na term which may extend to seven years, and shall also be liable to fine. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2Ins. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 23. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. ( w.e.f 14th October, 1955), for \"the Provinces and the Capital of the \r\nFederation\" which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \"British India\". \r\n4The words \"or under the Fugitive Offenders Act, 1881,\" omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. \r\n5Ss. 216A and 216B were ins. by the Indian Criminal Law Amdt. Act 1894 (3 of 1894), s. 8. \r\n \r\n \r\nPage 88 of 179 \r\n \r\nExplanation.__ For the purposes of this section it is immaterial whether the robbery or dacoity \r\nis intended to be committed, or has been committed, within or without 1[Pakistan]. \r\nException.__ This provision does not extend to the case in which the harbour is by the husband \r\nor wife of the offender. \r\n216B. [Definition of \" harbour\" in sections 212, 216 and 216 A.] Omitted by the Penal Code \r\n(Amdt.) Act, 1942 (VIII of 1942), s. 3. \r\n217. Public servant disobeying direction of law with intent to save person from \r\npunishment or property from forfeiture. Whoever, being a public servant, knowingly disobeys any \r\ndirection of the law as to the way in which he is to conduct himself as such public servant, intending \r\nthereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, \r\nor subject him to a less punishment than that to which he is liable, or with intent to save, or knowing \r\nthat he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, \r\nshall be punished with imprisonment of either description for a term which may extend to two years, \r\nor with fine, or with both. \r\n218. Public servant framing incorrect record or writing with intent to save person from \r\npunishment or property from forfeiture. Whoever, being a public servant, and being as such public \r\nservant, charged with the preparation of any record or other writing, frames that record or writing in a \r\nmanner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will \r\nthereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing \r\nit to be likely that he will thereby save, any person from legal punishment, or with intent to save, or \r\nknowing that he is likely thereby to save, any property from forfeiture or other charge to which it is \r\nliable by law, shall be punished with imprisonment of either description for a term which may extend \r\nto three years, or with fine, or with both. \r\n219. Public servant in judicial proceeding corruptly making report, etc., contrary to \r\nlaw. Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a \r\njudicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall \r\nbe punished with imprisonment of either description for a term which may extend to seven years, or \r\nwith fine, or with both. \r\n220. Commitment for trial or confinement by person having authority who knows that \r\nhe is acting contrary to law. Whoever, being in any office which gives him legal authority to commit \r\npersons for trial or to confinement, or to keep persons in confinement, corruptly or maliciousl y \r\ncommits any person for trial or confinement, or keeps any person in confinement, in the exercise of \r\nthat authority, knowing that in so doing he is acting contrary to law, shall be punished with \r\nimprisonment of either description for a term which may exte nd to seven years, or with fine, or with \r\nboth. \r\n221. Intentional omission to apprehend on the part of public servant bound to \r\napprehend. Whoever, being a public servant, legally bound as such public servant to apprehend or to \r\nkeep in confinement any person charged with or liable to be apprehended for an offence, intention­ \r\nally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally \r\naids such person in escaping or attempting to escape from such confinement, shall be p unished as \r\nfollows, that is to say:__ \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. ( w.e.f 14th October, 1955), for \"the Provinces and the Capital of the \r\nFederation\" which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for \"British India\". \r\n \r\nPage 89 of 179 \r\n \r\nwith imprisonment of either description for a term which may extend to seven years, with or \r\nwithout fine, if the person in confinement, or who ought to have been apprehended, was charged with, \r\nor liable to be apprehended for, an offence punishable with death; or \r\nwith imprisonment of either description for a term which may extend to three years, with or \r\nwithout fine, if the person in confinement, or who ought to have been apprehended, was charged with, \r\nor liable to be apprehen ded for, an offence punishable with l[imprisonment for life] or imprisonment \r\nfor a term which may extend to ten years ; or \r\nwith imprisonment of either description for a term which may extend to two years, with or \r\nwithout fine, if the person in confinement, or who ought to have been apprehended, was charged with, \r\nor liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years. \r\n222. Intentional omission to apprehend on the part of public servant bound to \r\napprehend person under sentence or lawfully committed. Whoever, being a public servant, legally \r\nbound as such public servant to apprehend or to keep in confinement any person under sentence of a \r\nCourt of Justice for any offence 2[or lawfully committed to custody], intentionally omits to apprehend \r\nsuch person, or intentionally suffers such person to escape or intentionally aids such person in escaping \r\nor attempting to escape from such confinement, shall be punished as follows that is to say:__ \r\nwith 1[imprisonment for life] or with imprisonment of either description for a term which may \r\nextend to fourteen years, with or without fine, if the person in confinement, or who ought to have been \r\napprehended, is under sentence of death; or \r\nwith imprisonment of either description for a term which may extend to seven years, with or \r\nwithout fine, if the person in confinement, or who ought to have been apprehended, is subject, by a \r\nsentence of a Court of Justice, or by virtue of a commutation of such sentence, to 1[imprisonment for \r\nlife] 3* * * 4* * * 5* * * or imprisonment for a term of ten years or upwards ; or \r\nwith imprisonment of either description for a term which may extend to three years, or with \r\nfine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by \r\na sentence of a Court of Justice, to imprisonment for a term not extending to ten years 2[or if the person \r\nwas lawfully committed to custody]. \r\n223. Escape from confinement or custody negligently suffered by public servant. \r\nWhoever, being a public servant legally bound as such public servant to keep in confinement any \r\nperson charged with or convicted of any offence 2[or la wfully committed to custody], negligently \r\nsuffers such persons to escape from confinement, shall be punished with simple imprisonment for a \r\nterm which may extend to two years, or with fine, or with both. \r\n224. Resistance or obstruction by a person to his la wful apprehension. Whoever \r\nintentional1y offers any resistance or illegal obstruction to the lawful apprehension of himself for any \r\noffence with which he is charged or of which he has been convicted, or escapes or attempts to escape \r\nfrom any custody in whi ch he is lawfully detained for any such offence, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine, or with \r\nboth. \r\n \r\n1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “t ransportation for life”. \r\n2Ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 8. \r\n3The words \"or penal servitude for life,\" omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (2 o f 1950), Sch. \r\n4The words \"or to transportation\" omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch. \r\n5The words \"or penal servitude\" omitted by Act 2 of 1950, Sch. \r\n \r\nPage 90 of 179 \r\n \r\nExplanation.__ The punishment in this section is in addition to the punishment for which the \r\nperson to be apprehended or detained in custody was liable for the offence with which he was charged, \r\nor of which he was convicted. \r\n225. Resistance or obstruction to lawful apprehension of another person. Whoever \r\nintentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person \r\nfor an offence, or rescues or attempts to rescue any other person from any custody in which that person \r\nis lawfully detained for an offence, shall be punished with imprisonment of either description for a \r\nterm which may extend to two years, or with fine, or with both ; \r\nor, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged \r\nwith or liable to be apprehended for an offence punishable with l[imprisonment for life], or im­ \r\nprisonment for a term which may extend to ten years, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years, and shall also be liable to fine ; \r\nor, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or \r\nliable to be apprehended for an offence punishable with death, shall be punished with imprisonment \r\nof either description for a term which may extend to seven years, and shall also be liable to fine ; \r\nor, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the \r\nsentence of a Court of Justice, or by virtue of a commutation of such a sentence, to l[imprisonment for \r\nlife] 2* * * 3* * or imprisonment, for a term of ten years or upwards, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and shall also be liable \r\nto fine ; \r\nor, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of \r\ndeath, shall be punished with 1[imprisonment for life] or imprisonment of either description for a term \r\nnot exceeding ten years, and shall also be liable to fine. \r\n4[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases \r\nnot otherwise provided for. Whoever, being a public servant legally bound as such public servant to \r\napprehend, or to keep in confinement, any person in any case not provided for in section 221, section \r\n222 or section 223, or in any other law for the time being in force, omits to apprehend that person or \r\nsuffers him to escape from confinement, shall be punished__ \r\n(a) if he does so intentionally, with imprisonment of either description for a term \r\nwhich may extend to three years, or with fine, or with both; and \r\n(b) if he does so negligently, with simple imprisonme nt for a term which may \r\nextend to two years, or with fine, or with both. \r\n225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not \r\notherwise provided for. Whoever, in any case not provided for in section 224 or section 225 or in any \r\nother law for the time being in force, intentionally offers any resistance or illegal obstruction to the \r\nlawful apprehension of himself or of any other person, or escapes or attempts to escape from any \r\ncustody in which he is lawfully detained, or rescues or attempts to rescue any other person from any \r\n \r\n1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2The words \"or to transportation\" omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 a nd Sch. \r\n3The words \"penal servitude,\" omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (2 of 1950), Sch . \r\n4Subs. by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 24(1), for the original section 225A, which was previ ously ins. by Act, 27 of 1870, s.9. \r\n \r\nPage 91 of 179 \r\n \r\ncustody in which that person is lawfully detained, shall be punished with imprisonment of either \r\ndescription for a term which may extend to six months, or with fine, or with both.] \r\n \r\n226. [Unlawful return from transportation.] Omitted by the Law Reforms Ordinance, 1972 \r\n(XII of 1972), s. 2 and Sch. \r\n \r\n227. Violation of condition of remission of punishment. Whoever, having accepted any \r\nconditional remission of punishment, knowingly violates any condition on which such remissio n was \r\ngranted, shall be punished with the punishment to which he was originally sentenced, if he has already \r\nsuffered no part of that punishment, and if he has suffered any part of that punishment, then with so \r\nmuch of that punishment as he has not already suffered. \r\n228. Intentional insult or interruption to public servant sitting in judicial proceeding. \r\nWhoever intentionally offers any insult, or causes any interruption to any public servant, while such \r\npublic servant is sitting in any stage of a judicial proceeding, shall be punished with simple \r\nimprisonment for a term which may extend to six months, or with fine which may extend to 1[three \r\nthousand rupees], or with both. \r\n229. Personation of a juror or assessor. Whoever, by personation or otherwise, shall inten­ \r\ntionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or \r\nassessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or \r\nsworn, or knowing himself to have been so returned , empanelled or sworn contrary to jaw, shall \r\nvoluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either \r\ndescription for a term which may extend to two years, or with fine, or with both. \r\nCHAPTER XII \r\nOF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS \r\n230. “Coin” defined. 2[Coin is metal used for the time being as money, and stamped and \r\nissued by the authority of some State or Sovereign Power in order to be so used.] \r\n\"Pakistan Coin\". 3[Pakistan coin is metal stamped and i ssued by the authority of the \r\nGovernment of Pakistan in order to be used as money ; and metal which has been so stamped and \r\nissued shall continue to be Pakistan coin for the purposes of this Chapter, notwithstanding that it may \r\nhave ceased to be used as money.] \r\nIllustrations \r\n(a) Cowries are not coin. \r\n(b) Lumps of unstamped copper, though used as money, are not coin. \r\n(c) Medals are not coin, inasmuch as they are not intended to be used as money. \r\n4[* * * * * * *] \r\n \r\n \r\n1Subs. by Ord. 86 of 02, s. 2 and Sch. I. \r\n2Subs. by the Indian Penal Code Amdt. Act, 1872 (19 of 1872), for the original paragraph. \r\n3The original paragraph has successively been amended by the Indian Penal Code (Amdt.) Act, 1896 (6 of 1896), s. 1(1), A. O., 1937 and A. O., 1949, Sch., and A.O. 1961, \r\nArt. 2 and Sch. (w.e.f. 23rd March, 1956), to road as above. \r\n4Illustrations (d) and (e) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. \r\n \r\nPage 92 of 179 \r\n \r\n231. Counterfeiting coin. Whoever counterfeits or knowingly perfo rms any part of the \r\nprocess of counterfeiting coin, shall be punished with imprisonment of either description for a term \r\nwhich may extend to seven years, and shall also be liable to fine. \r\nExplanation.__ A person commits this offence who intending to practise deception, or knowing \r\nit to be likely that deception will thereby be practised, causes a genuine coin to appear like a different \r\ncoin. \r\n \r\n232. Counterfeiting Pakistan coin. Whoever counterfeits, or knowingly performs any part \r\nof the process of counterfeit ing 1[Pakistan coin], shall be punished with 2[imprisonment for life], or \r\nwith imprisonment of either description for a term which may extend to ten years, and shall also be \r\nliable to fine. \r\n233. Making or selling instrument for counterfeiting coin. Whoever makes or mends, or \r\nperforms any part of the process of making or mending, or buys, sells or disposes of, any die or \r\ninstrument, for the purpose of being used, or knowing or having reason to believe that it is intended to \r\nbe used, for the purpose of counte rfeiting coin, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years, and shall also be liable to fine. \r\n234. Making or selling instrument for counterfeiting Pakistan coin. Whoever makes or \r\nmends, or performs any part of the process of making or mending or buys, sells or disposes of, any die \r\nor instrument, for the purpose of being used, or knowing or having reason to believe that it is intended \r\nto be used, for the purpose of counterfeiting 1[Pakistan coin], shall be punished with imprisonment of \r\neither description for a term which may extend to seven years, and shall also be liable to fine. \r\n235. Possession of instrument or material for the purpose of using the same for \r\ncounterfeiting coin ; if Pakistan coin. Whoever is in possession of any instrument or material, for \r\nthe purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the \r\nsame is intended to be used for that purpose, shall be punished with imprisonment of either description \r\nfor a term which may extend to three years, and shall also be liable to fine ; \r\nand if the coin to be counterfeited is 1[Pakistan coin], shall be punished with imprisonment of \r\neither description for a term which may extend to ten years, and shall also be liable to fine. \r\n236. Abetting in Pakistan the counterfeiting out of Pakistan of coin. Whoever, being \r\nwithin 3[Pakistan], abets the c ounterfeiting of coin out of 3[Pakistan] shall be punished in the same \r\nmanner as if he abetted the counterfeiting of such coin within 3[Pakistan]. \r\n237. Import or export of counterfeit coin. Whoever imports into 3[Pakistan], or exports \r\ntherefrom, any counte rfeit coin, knowingly or having reason to believe that the same is counterfeit, \r\nshall be punished with imprisonment of either description for a term which may extend to three years, \r\nand shall also be liable to fine. \r\n238. Import or export of counterfeits of Pakistan coin. Whoever imports into 3[Pakistan], \r\nor exports therefrom, any counterfeit coin which he knows or has reason to believe to be a counterfeit \r\nof 1[Pakistan coin], shall be punished with 2[imprisonment for life], or with imprisonment of either \r\ndescription for a term which may extend to ten years, and shall also be liable to fine. \r\n1Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen's coin\" ( w.e.f. 23rd March, 1956). \r\n2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “tra nsportation for life”. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. ( w.e.f. 14th October, 1955), for \"the Provinces and the Capital of the \r\nFederation\" which had been subs. by A. O., 1949, Arts. 3 (2) and 4, fo r “British India”. \r\n \r\n \r\nPage 93 of 179 \r\n \r\n239. Delivery of coin, possessed with knowledge that it is counterfeit. Whoever, having \r\nany counterfeit coin, which at the time when he became possessed of it he know to be counterfeit, \r\nfraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts \r\nto induce any person to receive it, shall be punished with imprisonment of either description for a term \r\nwhich may extend to five years, and shall also be liable to fine. \r\n240. Delivery of Pakistan coin possessed with knowledge that it is counterfeit. Whoever, \r\nhaving any counterfeit coin, which is a counterfeit of 1[Pakistan coin], and which, at the time when he \r\nbecame possessed of it, he knew to be a counterfeit of 1[Pakistan coin], fraudulently or with intent that \r\nfraud may be committed, delivers the same to any person, or attempts to induce any person to receive \r\nit, shall be punished with imprisonment of either description for a term which may extend to ten years, \r\nand shall also be liable to fine. \r\n241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know \r\nto be counterfeit. Whoever delivers to any other person as genuine, or attempts to induce any other \r\nperson to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did \r\nnot know to be counterfeit at the time when he took it into his possession, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine to an amount \r\nwhich may extend to ten times the value of the coin counterfeited, or with both. \r\nIllustration \r\nA, a coiner, delivers counterfeit 2[*] rupees to his accomplice B, for the purpose of uttering \r\nthem. B sells the rupees to C, another, utterer, who buys them knowing them to be counterfeit. C pays \r\naway the rupees for goods to D, who receives them, not knowing them to be counterfeit. D after \r\nreceiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here \r\nD is punishable only under this section, but B and C are punishable under section 239 or 240, as the \r\ncase may be. \r\n242. Possession of counterfeit coin by person who knew it to be counterfeit when he \r\nbecame possessed thereof. Whoever, fraudulently or with intent that fraud may be committed, is in \r\npossession of counterfeit coin, having known at the time when he became possessed thereof that such \r\ncoin was counterfeit, shall be punished with imprisonment of either description for a term which may \r\nextend to three years, and shall also be liable to fine. \r\n243. Possession of Pakistan coin by person who knew it to be counterfeit when he \r\nbecame possessed thereof. Whoever, fraudulently or with intent that fraud may be committed is in \r\npossession of counterfeit coin, which is a counterfeit of 1[Pakistan coin], having known at the time \r\nwhen he became possessed of it that it was counterfeit, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to fine. \r\n244. Person employed in mint causing coin to be of different weight or composition \r\nfrom that fixed by law. Whoever, being employed in any mint lawfully established in 3[Pakistan], \r\ndoes any act, or omits what he is legally bound to do, with the intention of causing any coin issued \r\nform that mint to be of a different weight or composition from the weight or composition fixed by law, \r\nshall be punished with imprisonment of either description for a term which may extend to seven years, \r\nand shall also be liable to fine. \r\n \r\n1Subs. by A. O., 1961, Art. 2 and Sch., for \"the Queen's coin\" (w.e.f. 23rd March, 1956). \r\n2The word \"Company's\" omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. \r\n3Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (w.e.f 14t h October, 1955), for “the Provinces and the \r\nCapital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”. \r\n \r\nPage 94 of 179 \r\n \r\n245. Unlawfully taking coining instrument from mint. Whoever, without lawful \r\nauthority, takes out of any mint, lawfully established in 1[Pakistan], any coining tool or instrument, \r\nshall be punished with imprisonment of either description for a term which may extend to seven years, \r\nand shall also be liable to fine. \r\n246. Fraudulently or dis honestly diminishing weight or altering composition of coin. \r\nWhoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight \r\nor alters the composition of that coin, shall be punished with imprisonment of either descriptio n for a \r\nterm which may extend to three years, and shall also be liable to fine. \r\nExplanation.__ A person who scoops out part of the coin and puts anything else into the cavity \r\nalters the composition of that coin. \r\n247. Fraudulently or dishonestly diminishing weight or altering composition of \r\nPakistan coin. Whoever fraudulently or dishonestly performs on 2[any Pakistan coin], any operation \r\nwhich diminishes the weight or alters the composition of that coin, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and shall also be liable \r\nto fine. \r\n248. Altering appearance of coin with intent that it shall pass as coin of different \r\ndescription. Whoever performs on any coin any operation which alters the appearance of th at coin, \r\nwith the intention that the said coin shall pass as a coin of a different description, shall be punished \r\nwith imprisonment of either description for a term which may extend to three years, and shall also be \r\nliable to fine. \r\n249. Altering appearance of Pakistan coin with intent that it shall pass as coin of \r\ndifferent description. Whoever performs on 2[any Pakistan coin] any operation which alters the \r\nappearance of that coin, with the intention that the said coin shall pass as a coin of a different \r\ndescription, shall be punished with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine. \r\n250. Delivery of coin, possessed with knowledge that it is altered. Whoever, having coin \r\nin his possession with respect to which the offence defined in section 246 or 248 has been committed, \r\nand having known at the time when he became possessed of such coin that such offence had been \r\ncommitted with respect to it, fraudulently or with intent that fraud may be comm itted, delivers such \r\ncoin to any other person, or attempts to induce any other person to receive the same, shall be punished \r\nwith imprisonment of either description for a term which may extend to five years, and shall also be \r\nliable to fine. \r\n251. Delivery of Pakistan coin possessed with knowledge that it is altered. Whoever, \r\nhaving coin in his possession with respect to which the offence defined in section 247 or 249 has been \r\ncommitted, and having known at the time when he became possessed of such coin that such offence \r\nhad been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers \r\nsuch coin to any other person, or attempts to induce any other person to receive the same, shall be \r\npunished with imprisonment of either description for a term which may extend to ten years, and shall \r\nalso be liable to fine. \r\n \r\n1Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (w.e.f 14t h October, 1955), for “the Provinces and \r\nthe Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”. \r\n2Subs. by A.O., 1961, Art. 2 and Sch., for “any of the Queen’s coin” (w.e.f. 23rd March. 1956). \r\n \r\nPage 95 of 179 \r\n \r\n252. Possession of coin by person who knew it to be altered when he became possessed \r\nthereof. Whoever fraudulently or with intent that fraud may be committed, is in possession of coin \r\nwith respect to which the offence defined in either of the section 246 or 248 has been committed, \r\nhaving known at the time of becoming possessed ther eof that such offence had been committed with \r\nrespect to such coin, shall be punished with imprisonment of either description for a term which may \r\nextend to three years, and shall also be liable to fine. \r\n253. Possession of Pakistan coin by person who knew it to be altered when he became \r\npossessed thereof. Whoever fraudulently or with intent that fraud may be committed, is in possession \r\nof coin with respect to which the offence defined in either of the section 247 or 249 has been com­ \r\nmitted having known at the time of becoming possessed thereof, that such offence had been committed \r\nwith respect to such coin, shall be punished with imprisonment of either description for a term which \r\nmay extend to five years, and shall also be liable to fine. \r\n254. Delivery of coin as genuine which, when first possessed, the deliverer did not know \r\nto be altered. Whoever delivers to any other person as genuine or as a coin of a different description \r\nfrom what it is, or attempts to induce any person to receive as genuine, or as a different coin from what \r\nit is, any coin in respect of which he knows that any such operation as that mentioned in sections 246, \r\n247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it \r\ninto his possession, know t hat such operation had been performed, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine to an amount \r\nwhich may extend to ten times the value of the coin for which the altered coin is passed, or attempted \r\nto be passed. \r\n255. Counterfeiting Government stamp. Whoever counterfeits, or knowingly performs \r\nany part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, \r\nshall be punished with l[imprisonment for life] or with imprisonment of either description for a term \r\nwhich may extend to ten years, and shall also be liable to fine. \r\nExplanation.__ A person commits this offence who counterfeits by causing a genuine stamp of \r\none denomination to appear like a genuine stamp of a different denomination. \r\n256. Having possession of instrument or material for counterfeiting Government \r\nstamp. Whoever has in his possession any instrument or material for the purpose of being used, or \r\nknowing or having reason to believe that it i s intended to be used, for the purpose of counterfeiting \r\nany stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of \r\neither description for a term which may extend to seven years, and shall also be liable to fine. \r\n257. Making or selling instrument for counterfeiting Government stamp. Whoever \r\nmakes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument \r\nfor the purpose of being used, or knowing or having reason to believe that it is intended to be used, for \r\nthe purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be \r\npunished with imprisonment of either description for a term which may extend to seven years and shall \r\nalso be liable to fine. \r\n258. Sale of counterfeit Government stamp. Whoever sells, or offers for sale, any stamp \r\nwhich he knows or has reason to believe to be a counterfeit of any stamp issued by Government for \r\nthe purpose of revenue, shall be punished with imprisonment of either desc ription for a term which \r\nmay extend to seven years, and shall also be liable to fine. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n \r\nPage 96 of 179 \r\n \r\n259. Having possession of counterfeit Government stamp. Whoever has in his possession \r\nany stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of \r\nrevenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as \r\na genuine stamp, shall be punished with imprisonment of either description for a term which may \r\nextend to seven years, and shall also be liable to fine. \r\n260. Using as genuine a Government stamp known to be counterfeit. Whoever uses as \r\ngenuine any stamp, knowing it to be a counterfeit of any stamp issued by Government for the purpose \r\nof revenue, shall be punished with imprisonment of either description for a term which may extend to \r\nseven years, or with fine, or with both. \r\n261. Effacing writing from substance bearing Government stamp, or rem oving from \r\ndocument a stamp used for it, with intent to cause loss to Government. Whoever fraudulently or \r\nwith intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp \r\nissued by Government for the purpose of revenue, any writing or document for which such stamp has \r\nbeen used, or removes from any writing or document a stamp which has been used for such writing or \r\ndocument, in order that such stamp may be used for a different writing or document, shall be punished \r\nwith imprisonment of either description for a term which may extend to three years, or with fine, or \r\nwith both. \r\n262. Using Government stamp known to have been before used. Whoever fraudulently \r\nor with intent to cause loss to the Government, uses for any purpose a stamp issued by Government \r\nfor the purpose of revenue, which he knows to have been before used, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine, or with \r\nboth. \r\n263. Erasure of mark denoting that stamp has been used. Whoever fraudulently or with \r\nintent to cause loss to Government, erases or removes from a stamp issued by Government for the \r\npurpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the \r\nsame has been used, or knowingly has in his possession or sells or disposes of any such stamp from \r\nwhich such mark has been erased or removed, or sells or disposes of any such stamp which he knows \r\nto have been used, shall be punished with imprisonment of eithe r description for a term which may \r\nextend to three years, or with fine or with both. \r\n1[263A.Prohibition of fictitious stamps.__ (1) Whoever__ \r\n(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly \r\nuses for any postal purpose any fictitious stamp, or \r\n(b) has in his possession, without lawful excuse, any fictitious stamp, or \r\n(c) makes or, without lawful excuse, has in his possession any die, plate, instrument \r\nor materials for making any fictitious stamp, \r\nshall be punished with fine which may extend to 2[six hundred rupees]. \r\n \r\n1S. 263A ins. by the Indian Criminal Law (Amdt.) Act, 1895 (3 of 1895), s.2. \r\n2Subs. by Ord. 86 of 02, s.2 and Sch. I. \r\n \r\n \r\nPage 97 of 179 \r\n \r\n(2) Any such stamp, die, plate, instrument or materials in the possession of any person for \r\nmaking any fictitious stamp may be seized and shall be forfeited. \r\n(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by \r\nGovernment for the purpose of denoting a rate of postage or any facsimile or imitation or re­ \r\npresentation, whether on paper or otherwise, of any stamp issued by Government for that purpose. \r\n(4) In this section and also in sections 255 to 263, both inclusive, the word \"Government\" \r\nwhen used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate \r\nof postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons \r\nauthorised by law to administer executive government in any part of 1[Pakistan], and also 2[* * *] in \r\nany foreign country.] \r\n \r\nCHAPTER XIII \r\nOF OFFENCES RELATING TO WEIGHTS AND MEASURES \r\n264. Fraudulent use of false instrument for weighing. Whoever fraudulently uses any \r\ninstrument for weighing which he knows to be false, shall be punished with imprisonment of either \r\ndescription for a term which may extend to one year, or with fine, or with both. \r\n265. Fraudulent use of false weight or measure. Whoever fraudulently uses any false \r\nweight or false measure of length or capacity, or fraudulently uses any weight or any measure of length \r\nor capacity as a different weight or measure from what it is, shall be punished with imprisonment of \r\neither description for a term which may extend to one year, or with fine, or with both. \r\n266. Being in possession of false weight or measure. Whoever is in poss ession of any \r\ninstrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to \r\nbe false, and intending that the same may be fraudulently used, shall be punished with imprisonment \r\nof either description for a term which may extend to one year, or with fine, or with both. \r\n267. Making or selling false weight or measure. Whoever makes, sells or disposes of any \r\ninstrument for weighing, or any weight, or any measure of length or capacity which he knows to be \r\nfalse, in order that the same may be used as true, or knowing that the same is likely to be used as true, \r\nshall be punished with imprisonment of either description for a term which may extend to one year, or \r\nwith fine, or with both. \r\nCHAPTER XIV \r\nOF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, \r\nDECENCY AND MORALS. \r\n268. Public nuisance. A person is guilty of a public nuisance who does any act or is guilty \r\nof an illegal omission which causes any common injury, danger or annoyance to the public or to the \r\npeople in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, \r\nobstruction, danger or annoyance to persons who may have occasion to use any public right. \r\n \r\n1Subs. by A.O., 1949, Sch., for “India”. \r\n2The words “in any part of Her Majesty’s dominions or” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and \r\nII. Sch. \r\n \r\n \r\nPage 98 of 179 \r\n \r\nA common nuisance is not excused on the ground that it causes some convenience or \r\nadvantage. \r\n269. Negligent act likely to spread infection of disease dangerous to life. Whoever \r\nunlawfully or negligently does any act which is, and which he knows or has reason to believe to be, \r\nlikely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of \r\neither description for a term which may extend to six months, or with fine, or with both. \r\n270. Malignant act likely to spread infection of disease dangerous to life. Whoever \r\nmalignantly does any act which is, and which he knows or has reason to believe to be, likely to spread \r\nthe infection of any disease dangerous to life, shall be punished with imprisonment of either description \r\nfor a term which may extend to two years, or with fine, or with both. \r\n271. Disobedience to quarantine rule. Whoever knowingly disobe ys any rule made and \r\npromulgated 1[by the 2[Federal] or any Provincial Government 3* * *] for putting any vessel into a \r\nstate of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore \r\nor with other vessels, or for regulating the intercourse between places where an infectious disease \r\nprevails and other places, shall be punished with imprisonment of either description for a term which \r\nmay extend to six months, or with fine, or with both. \r\n272. Adulteration of food or d rink intended for sale. Whoever adulterates any article of \r\nfood or drink, so as to make such article noxious as food or drink, intending to sell such article as food \r\nor drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with \r\nimprisonment of either description for a term which may extend to six months, or with fine which may \r\nextend to 4[three thousand rupees], or with both. \r\n*273. Sale of noxious food or drink. Whoever sells, or offers or exposes for sale, as food or \r\ndrink, any article which has been rendered or has become noxious, or is in a state unfit for food or \r\ndrink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished \r\nwith imprisonment of either description for a term which may extend to six months, or with fine which \r\nmay extend to 4[three thousand rupees], or with both. \r\n*274. Adulteration of drugs. Whoever adulterates any drug or medical preparation in such \r\na manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to \r\nmake it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold \r\nor used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with \r\nimprisonment of either description for a term which may extend to six months, or with fine which may \r\nextend to 4[three thousand rupees], or with both. \r\n*275. Sale of adulterated drugs. Whoever, knowing any drug or medical preparation to have \r\nbeen adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it \r\nnoxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal \r\n \r\n1Subs. by A. O., 1937, for “by the G. of I., or by any Govt.”. \r\n2Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”. \r\n3The words “or the Crown Representative” omitted by A.O., 1949, Sch. \r\n4Subs. by Ord. LXXXVI of 02, s.2 & Sch.I. \r\n*An offence punishable under sections 273, 274, 275 & 276 of the Pakistan Penal Code will be tried and punished by a Military Court, See \r\nNotification No. 57/ 1 (1) 1943/AJAG/CMLA/82 dt. 16­11­82 (Ext. Gaz. IBD. Part­I, dt. 21­11­82 page, 153). \r\n \r\n \r\nPage 99 of 179 \r\n \r\npurposes as unadulterated, or causes it to b e used for medicinal purposes by any person not knowing \r\nof the adulteration, shall be punished with imprisonment of either description for a term which may \r\nextend to six months, or with fine which may extend to 1[three thousand rupees], or with both. \r\n*276. Sale of drug as a different drug or preparation. Whoever knowingly sells, or offers \r\nor exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical \r\npreparation, as a different drug or medical preparation, shall be punished with imprisonment of either \r\ndescription for a term which may extend to six months, or with fine which may extend to 1[three \r\nthousand rupees], or with both. \r\n277. Fouling water of public spring or reservoir. Whoever voluntarily corrupts or fouls \r\nthe water of an y public spring or reservoir, so as to render it less fit for the purpose for which it is \r\nordinarily used, shall be punished with imprisonment of either description for a term which may extend \r\nto three months, or with fine which may extend to 1[one thousand five hundred rupees], or with both. \r\n278. Making atmosphere noxious to health. Whoever voluntarily vitiates the atmosphere \r\nin any place so as to make it noxious to the health of persons in general dwelling or carrying on business \r\nin the neighbourhood or passing along a public way, shall be punished with fine which may extend to \r\n1[one thousand five hundred rupees]. \r\n279. Rash driving or riding on a public way. Whoever drives any vehicle, or rides, on any \r\npublic way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or \r\ninjury to any other person, shall be punished with imprisonment of either description for a term which \r\nmay extend to 2[two years] or with fine which may extend to 1[three thousand rupees], or with both. \r\n280. Rash navigation of vessel. Whoever navigates any vessel in a manner so rash or \r\nnegligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be \r\npunished with imprisonment of either description for a term which may extend to six months, or with \r\nfine which may extend to 1[three thousand rupees], or with both. \r\n281. Exhibition of false light, mark or buoy. Whoever exhibits any false light, mark or \r\nbuoy, intending or knowing it to be likely that such exhibition will mi slead any navigator, shall be \r\npunished with imprisonment of either description for a term which may extend to seven years, or with \r\nfine, or with both. \r\n282. Conveying person by water for hire in unsafe or overloaded vessel. Whoever knowingly or \r\nnegligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is \r\nin such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either \r\ndescription for a term which may extend to six months, or with fine which may extend to 1[three thousand \r\nrupees], or with both. \r\n283. Danger or obstruction in public way or line of navigation. Whoever, by doing any \r\nact, or by omitting to take order with any property in his possession or under his charge, causes danger, \r\nobstruction or injury to any person in any public way or public line of navigation, shall be punished \r\nwith fine which may extend to 1[six hundred rupees]. \r\n \r\n1Subs. by Ord. 86 of 02, s.2 & Sch.I. \r\n* An offence punishable under sections 273, 274, 275 & 276 of the Pakistan Penal Code will be tried and punished by a Military \r\nCourt, See Notification No. 57/ 1 (1) 1943/AJAG/CMLA/82 dt. 16­11­82 (Ext. Gaz. IBD. Part­I, dt. 21­11­82 page, 153). \r\n2Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), s. 2, for “six months”. \r\n \r\n \r\nPage 100 of 179 \r\n \r\n284. Negligent conduct with respect to poisonous substance. Whoever does, with any \r\npoisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely \r\nto cause hurt or injury to any person, \r\nor knowingly or negligently omits to take such order with any poisonous substance in his \r\npossession as is sufficient to guard against probable danger to human life from such poisonous sub­ \r\nstance, \r\nshall be punished with imprisonment of either desc ription for a term which may extend to six \r\nmonths, or with fine, which may extend to 1[three thousand rupees], or with both. \r\n285. Negligent conduct with respect to fire or combustible matter. Whoever does, with \r\nfire or any combustible matter, any act so ra shly or negligently as to endanger human life, or to be \r\nlikely to cause hurt or injury to any other person, \r\nor knowingly or negligently omits to take such order with any fire or any combustible matter \r\nin his possession as is sufficient to guard against any probable danger to human life from such fire or \r\ncombustible matter, \r\nshall be punished with imprisonment of either description for a term which may extend to six \r\nmonths, or with fine which may extend to 1[three thousand rupees], or with both. \r\n286. Negligent conduct with respect to explosive substance. Whoever does, with any \r\nexplosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause \r\nhurt or injury to any other person, \r\nor knowingly or negligently omits to take su ch order with any explosive substance in his \r\npossession as is sufficient to guard against any probable danger to human life from that substance, \r\nshall be punished with imprisonment of either description for a term which may extend to six \r\nmonths, or with fine which may extend to 1[three thousand rupees], or with both. \r\n287. Negligent conduct with respect to machinery. Whoever does, with any machinery, \r\nany act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any \r\nother person, \r\nor knowingly or negligently omits to take such order with any machinery in his possession or \r\nunder his care as is sufficient to guard against any probable danger to human life from such machinery, \r\nshall be punished with imprisonment of either de scription for a term which may extend to six \r\nmonths, or with fine which may extend to 1[three thousand rupees], or with both. \r\n288. Negligent conduct with respect to pulling down or repairing buildings. Whoever, \r\nin pulling down or repairing any building, knowingly or negligently omits to take such order with that \r\nbuilding as is sufficient to guard against any probable danger to human life from the fall of that \r\nbuilding, or of any part thereof, shall be punished with imprisonment of either description for a t erm \r\nwhich may extend to six months, or with fine which may extend to 1[three thousand rupees], or with \r\nboth. \r\n \r\n1Subs. by Ord. 86 of 02, s.2 & Sch. I. \r\n \r\nPage 101 of 179 \r\n \r\n289. Negligent conduct with respect to animal. Whoever knowingly or negligently omits \r\nto take such order w ith any animal in his possession as is sufficient to guard against any probable \r\ndanger to human life, or any probable danger of grievous hurt from such animal, shall be punished \r\nwith imprisonment of either description for a term which may extend to six months, or with fine which \r\nmay extend to 1[three thousand rupees], or with both. \r\n290. Punishment for public nuisance in cases not otherwise provided for. Whoever \r\ncommits a public nuisance in any case not otherwise punishable by this Code, shall be punished wi th \r\nfine which may extend to 1[six hundred rupees]. \r\n291. Continuance of nuisance after injunction to discontinue. Whoever repeats or \r\ncontinues a public nuisance, having been enjoined by any public servant who has lawful authority to \r\nissue such injunction no t to repeat or continue such nuisance, shall be punished with simple \r\nimprisonment for a term which may extend to six months, or with fine, or with both. \r\n \r\n2[292. Sale, etc., of obscene books, etc. Whoever__ \r\n(a) sells, lets to hire, distributes, publicly exh ibits or in any manner puts into \r\ncirculation, or for purposes of sale, hire, distribution, public exhibition or \r\ncirculation, makes, produces or has in his possession any obscene book, \r\npamphlet, paper, drawing, painting, representation or figure or any othe r \r\nobscene object whatsoever, or \r\n(b) imports, exports or conveys any obscene object for any of the purposes \r\naforesaid, or knowing or having reason to believe that such object will be sold, \r\nlet to hire, distributed or publicly exhibited or in any manner put into circulation, \r\nor \r\n(c) takes part in or receives profits from any business in the course of which he \r\nknows or has reason to believe that any such obscene, objects are, for any of the \r\npurposes aforesaid, made, produced, purchased, kept, imported, exported , \r\nconveyed, publicly exhibited or in any manner put into circulation, or \r\n(d) advertises or makes known by any means whatsoever that any person is engaged \r\nor is ready to engage in any act which is an offence under this section, or that \r\nany such obscene object can be procured from or through any person, or \r\n(e) offers or attempts to do any act which is an offence under this section, \r\nshall be punished with imprisonment of either description for a term which may extend to three \r\nmonths, or with fine, or with both. \r\nException.__ This section does not extend to any book, pamphlet, writing, drawing or painting \r\nkept or used bona fide for religious purposes or any representation sculptured, engraved, painted or \r\notherwise represented on or in any temple, or on any car us ed for the conveyance of idols, or kept or \r\nused for any religious purpose.] \r\n \r\n1Subs. by Ord. 86 of 02, s.2 & Sch.I. \r\n2Subs. by the Obscene Publications Act, 1925 (8 of 1925), s.2, for the original section 292. \r\n \r\nPage 102 of 179 \r\n \r\n1[292A. Exposure to seduction. Whoever seduces a child by any means whatsoever with an \r\nintent to involve him in any sexual activity or exposes him to obscene and sexually explicit material, \r\ndocument, a film, video or a computer generated image or attempts to do the aforementioned act, shall \r\nbe punished with imprisonment of either description for a term which shall not be less than one year \r\nand may extend upto seven years or with fine which shall not be less than one hundred thousand rupees \r\nand may extend upto five hundred thousand rupees, or with both. \r\n292B. 2[* * * * * * *] \r\n292C. 2[* * * * * * *] \r\n3[293. Sale, etc., of obscene objects to young person. Whoever sells, lets to hire, distributes, \r\nexhibits or circulates to any person under the age of twenty years any such obscene object as is referred \r\nto in the last preceding section, or offers or attempts so to do, shall be punished with imprisonment of \r\neither description for a term which may extend to six months, or with fine, or with both.] \r\n4[294. Obscene acts and songs. Whoever, to the annoyance of others, \r\n(a) does any obscene act in any public place, or \r\n(b) sings, recites or utters any obscene songs, ballad or words, in or near any public \r\nplace, \r\nshall be punished with imprisonment of either description for a term which may extend to three \r\nmonths, or with fine, or with both.] \r\n \r\n \r\n1Ins. by Act X (Second Amdt.) of 2016, s. 4. \r\n2ss.292B and 292C omitted by Act. XXXVII of 2023, s.13. \r\n3\r\nSubs. by the Obscene Publications Act, 1925 (8 of 1925), s.2 , for the original section 293. \r\n4Subs. by the Indian Criminal Law Amdt. Act, 1895 (3 of 1895), s.3, for the original section 294. \r\n \r\n \r\nPage 103 of 179 \r\n \r\n1[294A. Keeping lottery office. Whoever keeps any office or place for the purpose of drawing any \r\nlottery 2[not being a *State lottery or a lottery authorized by the Provincial Government] shall be punished \r\nwith imprisonment of either description for a term which may extend to six months, or with fine, or with \r\nboth. \r\nAnd whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear \r\ndoing anything for the benefit of any person, on any event or contingency relative or applicable to the \r\ndrawing of any ticket, lot, number or figure in any such lottery shall be punished with fine which may \r\nextend to 3[three thousand rupees]]. \r\n4*[294B. Offering of prize in connection with trade, etc. Whoever offers, or undertakes to offer, \r\nin connection with any trade or business or sale of any commodity, any prize, reward or other similar \r\nconsideration, by whatever name called, whether in money or kind, against any coupon, ticket, number of \r\nfigure, or by any other device, as an inducement or encouragement to trade or business or to the buying of \r\nany commodity, or for the purpose of advertisement or popularizing any commodity, and whoever \r\npublishes any such offer, shall be punishable with imprisonment of either description for a term which may \r\nextend to six months, or with fine, or with both.] \r\nCHAPTER XV \r\nOF OFFENCES RELATING TO RELIGION \r\n295. Injuring or defiling place of worship, with intent to insult the religion of any class. \r\nWhoever destroys, damages or defiles any place of worship, or any object held sacred by any class of \r\npersons with the intention of thereby insulting the religion of any class of persons or with the knowledge \r\nthat any class of persons is likely to consider such destruction , damage or defilement as an insult to their \r\nreligion, shall be punished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\n5[295A. Deliberate and malicious acts intended to outrage religious feeli ngs of any class by \r\ninsulting its religion or religious beliefs. Whoever, with deliberate and malicious intention of outraging \r\nthe religious feelings of any class of 6[the citizens of Pakistan], by words, either spoken or written, or by \r\nvisible representations insults or attempts to insult the religion or the religious beliefs of that class, shall be \r\npunished with imprisonment of either description for a term which may extend to 7[ten years], or with fine, \r\nor with both.] \r\n8[295B. Defiling, etc., of copy of Holy Quran. Whoever wilfully defiles, damages or desecrates a \r\ncopy of the Holy Quran or of an extract therefrom or uses it in any derogatory manner or for any unlawful \r\npurpose shall be punishable with imprisonment for life.] \r\n9[295C. Use of derogatory remark s, etc., in respect of the Holy Prophet. Whoever by words, \r\neither spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, \r\ndirectly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon h im) shall \r\nbe punished with death, [*] and shall also be liable to fine.] \r\n1S. 294A ins. by the Indian Penal Code Amdt.Act, 1870 (27 of 1870), s. 10. \r\n2Subs. by A.O., 1937, for “not authorized by Government”. \r\n*cease to have effect from 30­06­92 see PLD 1992, S.C. 153. \r\n3Subs. by the Ord. 86 of 02, s.2 &Sch.I. \r\n4S.294B added by the Pakistan Penal Code (Amdt.) Act, 1965 (20 of 1965), s. 3. \r\n5S. 295A ins. by the Criminal Law Amdt. Act, 1927 (25 of 1927), s. 2. \r\n6Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty's subjects” (w.e.f. 23rd March 1956). \r\n7Subs.by Act XVI of 1991(Second Amendment), s. 2. \r\n81ns. by the Pakistan Penal Code (Amdt.) Ordinance, 1982 (1 of 1982) s. 2. \r\n9Ins. by Act III of 1986, s. 2. \r\n*Ins. 295­C, the words \"or imprisonment for life\" ceased to have effect w.e.f. 30­4­91, vide Shariat Petition No. 6/L of 1987, see PLD 1991, Vol. XLIII, \r\nFSC­10. \r\n \r\n \r\nPage 104 of 179 \r\n \r\n296. Disturbing religious assembly. Whoever voluntarily causes disturbance to any \r\nassembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be \r\npunished with imprisonment of either description for a term which may extend to one year, or with \r\nfine, or with both. \r\n297. Trespassing on burial places, etc. Whoever, with the intention of wounding the \r\nfeelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings \r\nof any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, \r\ncommits any trespass in any place of worship or on any place of s culpture, or any place set \r\napart for the performance of funeral rites or as a depository for the remains of the dead, or offers any \r\nindignity to any human corpse, or causes disturbance to any persons assembled for the performance of \r\nfuneral ceremonies, \r\nshall be punished with imprisonment of either description for a term which may extend to one \r\nyear, or with fine, or with both. \r\n1[298. Uttering words, etc. with deliberate intent to wound religious feelings. Whoever, \r\nwith deliberate intention of wounding or ou traging the religious feelings of any person or inciting \r\nreligious, sectarian or ethnic hatred, utters any words by using loudspeaker or sound amplifier or any \r\nother device or makes any sound in the hearing of that person or makes any gesture in the sight of that \r\nperson or persons, shall be punished with imprisonment of either description of a term which may \r\nextend to three years but shall not be less than one year, or with 0.5. million fine, or with both.] \r\n2[298A. Use of derogatory remarks, etc., in respect of holy personages. Whoever by words, \r\neither spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, \r\ndirectly or indirectly, defiles the sacred name of any wife ( Ummul­Mumineen), or members of the \r\nfamily ( Ahle­bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs \r\n(Khulafa­e­Raashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be \r\npunished with imprisonment of either description for a term which may extend to three years, or with \r\nfine, or with both.] \r\n3[298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy \r\npersonages or places .–– (1) Any person of the Quadiani group or the Lahori group (who call \r\nthemselves ‘Ahmadis’ or by any other nam e) who by words, either spoken or written, or by visible \r\nrepresentation,__ \r\n(a) refers to, or addresses, any person, other than a Caliph or companion of the Holy \r\nProphet Muhammad (peace be upon him), as ‘ Ameer­ul­Mumineen’, \r\n‘Khalifa­tul­Mumineen’, ‘ Khalifa­ tul­Muslimeen’, ‘ Sahaabi’ or ‘ Razi Allah \r\nAnho’ ; \r\n(b) refers to, or addresses, any person, other than a wife of the Holy Prophet \r\nMuhammad (peace be upon him) as ‘Ummul­Mumineen’; \r\n(c) refers to, or addresses, any person, other than a member of the family (Ahle­bait) \r\nof the Holy Prophet Muhammad (peace be upon him), as Ahle­bait; or \r\n \r\n1Subs. by Act No. IV of 2017 s. 2 (2). \r\n2Added by the Pakistan Penal Code (Second Amendment) Ordinance, 1980 (44 of 1980), s.2. \r\n3Added by Ord. XX of 1984, s. 3. \r\n \r\n \r\nPage 105 of 179 \r\n \r\n(d) refers to, or names, or calls, his place of worship as ‘Masjid’ ; \r\nshall be punished with imprisonment of either description for a term which may extend to three \r\nyears, and shall also be liable to fine. \r\n(2) Any person of the Quadiani group or Lahori group (who call themselves ‘Ahmadis’ or \r\nby any other name) who by words, either spoken or w ritten, or by visible representation, refers to the \r\nmode or form of call to prayers followed by his faith as ‘Azan’, or recites Azan as used by the Muslims, \r\nshall be punished with imprisonment of either description for a term which may extend to three years, \r\nand shall also be liable to fine. \r\n298C. Person of Quadiani group, etc., calling himself a Muslim or preaching or \r\npropagating his faith. Any person of the Quadiani group or the Lahori group (who call themselves \r\n‘Ahmadis’ or by any other name), who, directly or indirectly, poses himself as a Muslim, or calls, or \r\nrefers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by \r\nwords, either spoken or written, or by visible representations, or in any mann er whatsoever outrages \r\nthe religious feelings of Muslims, shall be punished with imprisonment of either description for a term \r\nwhich may extend to three years and shall also be liable to fine.] \r\nCHAPTER XVI \r\nOF OFFENCES AFFECTING THE HUMAN BODY \r\nOF OFFENCES AFFECTING LIFE \r\n1[299. Definitions. In this Chapter, unless there is anything repugnant in the subject or \r\ncontext,__ \r\n(a) “adult” means a person who has attained the age of eighteen years; \r\n(b) “arsh” (ارش) means the compensation specified in this Chapter to be paid to the \r\nvictim or his heirs under this chapter; \r\n(c) “authorised medical officer” means a medical officer or a Medical Board, \r\nhowsoever designated, authorised by the Provincial Government; \r\n(d) “daman” (ضمان) means the compensation determined by the court to be paid by \r\nthe offender to the victim for causing hurt not liable to arsh (ارش) ; \r\n(e) “diyat” (دیت ) means the compen sation specified in section 323 payable to the \r\nheirs of the victim; \r\n2[(ee) “fasad­fil­arz” includes the past conduct of the offender or whether he has any \r\nprevious conviction or the brutal or shocking manner in which the offence has \r\nbeen committed which is outrageous to the public conscience or if the offender \r\nis considered a potential danger to the community or if the offence has been \r\ncommitted in the name or on the pretext of honour;] \r\n \r\n1Subs. by Act II of 1997, s.7 (for sections 299 to 338). \r\n2Ins. by Act (XLIII of 2016), s. 2. \r\n \r\n \r\nPage 106 of 179 \r\n \r\n(f) “Government” means the Provincial Government; \r\n(g) “ikrah­e­tam” (اکراہ تام) means putting any person, his spouse or any of his blood \r\nrelations within the prohibited degree of marriage in fear of instant death or \r\ninstant permanent impairing of any organ of the body or instant fear of being \r\nsubjected to sodomy or zina­bil­jabr; \r\n(h) “ikrah­e­naqis” (اکراہ ناقص) means any form of duress which does not amount \r\nto ikrah­i­tam; \r\n(i) “minor” means a person who is not an adult; \r\n1[(ii) “offence committed in the name or on the pretext of honour” means an offence \r\ncommitted in the name or on the pretext of karo kari, siyah kari or similar other \r\ncustoms or practices;] \r\n(j) “qatl” (قتل) means causing death of a person; \r\n(k) “qisas” (قصاص) means punishment by causing similar hurt at the same part of \r\nthe body of the convict as he has caused to the victim or by causing his death if \r\nhe has committed qatl­i-amd, in exercise of the right of the victim or a wali ; \r\n(l) “ta’zir” (ریتعز) means punishment oth er than qisas (قصاص) ,diyat (تید) ,arsh \r\n(ارش) or daman (ضمان) ; and \r\n(m) “wali” (ولی) means a person entitled to claim qisas. \r\n300. Qatl-e-amd. Whoever, with the intention of causing death or with the intention of \r\ncausing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to \r\ncause death, or with the knowledge that his act is so imminently dangerous that it must in all probability \r\ncause death, causes the death of such person, is said to commit qatl­e­amd. \r\n301. Causing death of person other than the person whose death was intended. Where \r\na person, by doing anything which he intends or knows to be likely to cause death, causes death of any \r\nperson whose death he neither intends nor knows himself to be likely to cause such a n act committed \r\nby the offender shall be liable for qatl­e­amd. \r\n302. Punishment of qat l-i-amd. Whoever commits qatl­e­amd shall, subject to the \r\nprovisions of this Chapter be__ \r\n(a) punished with death as qisas; \r\n(b) punished with death for imprisonment for life as ta'zir having regard to the facts \r\nand circumstances of the case, if the proof in either of the forms specified in \r\nsection 304 is not available; or \r\n(c) punished with imprisonment of either description for a term which may extend \r\nto twenty­five years, where according to the Injunctions of Islam the \r\npunishment of qisas is not applicable 2[:] \r\n \r\n1Ins. by Act 1 of 2005, s. 2. \r\n2Subs. by Act XLIII of 2016, s.3. \r\n \r\nPage 107 of 179 \r\n \r\n1[Provided that nothing in clause (c) shall apply where the principle of fasad­fil­arz is attracted \r\nand in such cases only clause (a) or clause (b) shall apply.] \r\n303. Qatl committed under ikrah­i­tam or ikrah­i­naqis. Whoever commits qatl,__ \r\n(a) under ikrah­i­tam shall be punished with imprisonment for a term which may \r\nextend to twenty­five years but sh all not be less than ten years and the person \r\ncausing ikrah­i­tam shall be punished for the kind of qatl committed as a \r\nconsequence of his ikrah­i­tam; or \r\n(b) under ‘ikrah­i­naqis’ shall be punished for the kind of qatl committed by him \r\nand the person causing ‘ikrah­i­naqis’ shall be punished with imprisonment for \r\na term which may extend to ten years. \r\n304. Proof of qatl­i­amd liable to qisas, etc. __ (1) Proof of qatl­i­amd shall be in any of the \r\nfollowing forms, namely:__ \r\n(a) the accused makes before a cou rt competent to try the offence a voluntary and \r\ntrue confession of the commission of the offence; or \r\n(b) by the evidence as provided in Article 17 of the Qanun­e­Shahadat, 1984 (P.O. \r\nNo. 10 of 1984). \r\n(2) The provisions of sub­section (1) shall, mutatis mutandis, apply to a hurt liable to qisas. \r\n305. Wali.__ In case of a qatl, the wali shall be__ \r\n(a) the heirs of the victim, according to his personal law 2[but shall not include the \r\naccused or the convict in case of qatl­i­amd if committed in the name or on the \r\npretext of honour]; and \r\n(b) the Government, if there is no heir. \r\n306. Qatl­i­amd not liable to qisas.__ Qatl­i­amd shall not be liable to qisas in the following \r\ncases, namely:__ \r\n(a) when an offender is a minor or insane: \r\nProvided that, where a person li able to qisas associates himself in the commission of the \r\noffence with a person not liable to qisas with the intention of saving himself from qisas, he shall not \r\nbe exempted from qisas; \r\n(b) when an offender causes death of his child or grandchild, how low­so­ever; and \r\n(c) when any wali of the victim is a direct descendant, how low­so­ever, of the \r\noffender. \r\n307. Cases in which Qisas for qatl­e­amd shall not be enforced.__ (1) Qisas for qatl­i­amd \r\nshall not be enforced in the following cases, namely:__ \r\n \r\n1Subs. by Act XLIII of 2016, s.3. \r\n2Added by Act I of 05,s.4. \r\n \r\nPage 108 of 179 \r\n \r\n(a) when the offender dies before the enforcement of qisas ; \r\n(b) when any wali voluntarily and without duress, to the satisfaction of the court, \r\nwaives the right of qisas under section 309 or compound s under section 310; \r\nand \r\n(c) when the right of qisas devolves on the offender as a result of the death of the \r\nwali of the victim, or on the person who has no right of qisas against the \r\noffender. \r\n(2) To satisfy itself that the wali has waived the right of qisas under section 309 or \r\ncompounded the right of qisas under section 310 voluntarily and without duress the court shall take \r\ndown the state­ ment of the wali and such other persons as it may deem necessary on oath and record \r\nan opinion that it is satisfie d that the waiver or, as the case may be, the composition, was voluntary \r\nand not the result of any duress. \r\nIllustrations \r\n(i) A kills Z, the maternal uncle of his son B. Z has no other wali except D, the wife \r\nof A. D has the right of qisas from A. But if D dies, the right of qisas shall \r\ndevolve on her son B who is also the son of the offender A. B cannot claim qisas \r\nagainst his father. Therefore, the qisas cannot be enforced. \r\n(ii) B kills Z, the brother of her husband A. Z has no heir except A. Here A can \r\nclaim qisas from his wife B. But if A dies, the right of qisas shall devolve on \r\nhis son D who is also son of B, the qisas cannot be enforced against B. \r\n308. Punishment in qatl­i­amd not liable to qisas, etc.__ (1) Where an offender guilty of \r\nqatl­i­amd is not liable to qisas under section 306 or the qisas is not enforceable under clause (c) of \r\nsection 307, he shall be liable to diyat : \r\nProvided that, where the offender is minor or insane, diyat shall be payable either from his \r\nproperty or, by such person as may be determined by the court : \r\nProvided further that where at the time of committing qatl­e­amd the offender being a minor, \r\nhad attained sufficient maturity or being insane, had a lucid interval, so as to be able to realize the \r\nconsequences of his act, he may also be punished with imprisonment of either description for a term \r\nwhich may extend 1[twenty-five years] as ta'zir: \r\nProvided further that, where the qisas is not enforceable under clause (c) of section 307, the \r\noffender shall be liable to diyat only if there is any wali other than offender and if there is no wali other \r\nthan the offender, he shall be punished with imprisonment of either description for a term which may \r\nextend to 1[twenty-five years] as ta'zir. \r\n(2) Notwithstanding anything contained in sub­section (1), the court, having regard to the \r\nfacts and circumstances of the case in addition to the punishment of diyat, may punish the offender \r\nwith imprisonment of either description for a term which may extend to 1[twenty-five years], as ta'zir. \r\n \r\n1Subs. by Act I of 05,s.5. \r\n \r\n \r\nPage 109 of 179 \r\n \r\n309. Waiver­Afw (عفو) of qisas in qatl­i­amd.__ (1) In the case of qatl­i­amd, an adult sane \r\nwali may, at any time and without any compensation, waive his right of qisas: \r\nProvided that the right of qisas shall not be waived­ \r\n(a) where the Government is the wali ; or \r\n(b) where the right of qisas vests in a minor or insane 1[:] \r\n1[Provided further that where the principle of fasad­fil­arz is attracted, waiver of qisas shall be \r\nsubject to the provisions of section 311.] \r\n(2) Where a victim has more than one wali, anyone of them may waive his right of qisas: \r\nProvided that the wali who does not waive the right of qisas shall be entitled to his share of \r\ndiyat. \r\n(3) Where there are more than one victim, the waiver of the right of qisas by the wali of \r\none victim shall not affect the right of qisas of the wali of the other victim. \r\n(4) Where there are more than one offenders, the waiver of the right of qisas against one \r\noffender shall not affect the right of qisas against the other offender. \r\n310. Compounding of qisas (Sulh) (صلع) in qatl­i­ amd.__ (1) In the case of qatl­i­amd, an \r\nadult sane wali may, at any time on accepting badal­i­sulh, compound his right of qisas: \r\n2[Provided that a female shall not be given in marriage or otherwise in badal­i­sulh] 1[:] \r\n1[Provided further that where the principle of fasad­fil­arz is attracted, compounding of the \r\nright of qisas shall be subject to the provisions of section 311.] \r\n(2) Where a wali is a minor or an insane, the wali of such minor or insane wali may \r\ncompound the right of qisas on behalf of such minor or insane wali: \r\nProvided that the value of badal­i­sulh shall not be less than the value of diyat. \r\n(3) Where the Government is the wali, it may compound the right of qisas: \r\nProvided that the value of badal­i­sulh shall not be less than the value of diyat. \r\n(4) Where the badal­i­sulh is not determined or is a property or a right the value of which \r\ncannot be determined in terms of money under Shari'ah (شریعہ) the right of qisas shall be deemed to \r\nhave been compounded and the offender shall be liable to diyat. \r\n(5) Badal­i­sulh may be paid or given on demand or on a deferred date as may be agreed \r\nupon between the offender and the wali. \r\nExplanation.__ In this section, Badal­i­sulh means the mutually agreed compensation according \r\nto Shari'ah to be paid or given by the offender to a wali in cash or in kind or in the form of moveable \r\nor immovable property. \r\n \r\n1Subs. & added by Act XLIII of 2016, ss. 4-5. \r\n2Subs. by Act I of 2005, s. 6. \r\n \r\n \r\nPage 110 of 179 \r\n \r\n1[310A. Punishment for giving a female in marriage or otherwise in badla­e­sulh, wanni \r\nor swara. Whoever gives a female in marriage or otherwise compels her to enter into marriage, as \r\nbadla­e­sulh, wanni, or swara or any other cus tom or practice under any name, in consideration of \r\nsettling a civil dispute or a criminal liability, shall be punished with imprisonment of either description \r\nfor a term which may extend to seven years but shall not be less than three years and shall also be \r\nliable to fine of five hundred thousand rupees.] \r\n2[311. Ta'zir after waiver or compounding of right of qisas in qatl­i­amd.__ Where all the \r\nwali do not waive or compound the right of qisas, or if the principle of fasad­fil­arz is attracted, the \r\ncourt may, having regard to the facts and circumstances of the case, punish an offender against whom \r\nthe right of qisas has been waived or compounded with death or imprisonment for life or imprisonment \r\nof either description for a term of which may extend to fourteen years as ta'zir: \r\nProvided that if the offence has been committed in the name or on the pretext of honour, the \r\npunishment shall be imprisonment for life.] \r\n312. Qatl­i­amd after waiver or compounding of qisas.__ Where a wali commits qatl­i­amd \r\nof a convict against whom the right of qisas has been waived under section 309 or compounded under \r\nsection 310, such wali shall be punished with__ \r\n(a) qisas, if he had himself waived or compounded the right of qisas against the \r\nconvict or had knowledge of such waiver of composition by another wali; or \r\n(b) diyat, if he had no knowledge of such waiver or composition. \r\n313. Right of qisas in qatl­i­amd.__ (1) Where there is only one wali, he alone has the right \r\nof qisas in qatl­i­amd but, if there are more than one, the right of qisas vests in each of them. \r\n(2) If the victim__ \r\n(a) has no wali, the Government shall have the right of qisas; or \r\n(b) has no wali other than a minor or insane or one of the wali is a minor or insane, \r\nthe father or if he is not alive the paternal grandfather of such wali shall have \r\nthe right of qisas on his behalf: \r\nProvided that, if the minor or insane wali has no father or paternal grandfather, how \r\nhigh­so­ever, alive and no guardian has been appointed by the court, the Government shall have the \r\nright of qisas on his behalf. \r\n314. Execution of qisas in qatl­i­amd .__ (1) Qisas in qatil­i­amd shall be executed by a \r\nfunctionary of the Government by causing death of the convict as the court may direct. \r\n(2) Qisas shall not be executed until all the wali are present at the time of execution, either \r\npersonally or through their representatives authorised by them in writing in this behalf: \r\nProvided that where a wali or his representative fails to present himself on the date, time and \r\nplace of execution of qisas after having been informed of the date, time and place as certified by the \r\n \r\n1Subs. by Act 26 of 2011, s.2 \r\n2Subs. by Act XLIII of 2016, s. 6. \r\n \r\nPage 111 of 179 \r\n \r\ncourt, an officer authorised by the court shall give permission for the execution of qisas and the \r\nGovernment shall cause execution of qisas in the absence of such wali. \r\n (3) If the convict is a woman who is pregnant, the court may, in consultation with an \r\nauthorised medical officer, postpone the execution of qisas upto a period of two years after the birth \r\nof the child and during this period s he may be released on bail on furnishing of security to the \r\nsatisfaction of the court or, if she is not so released she shall be dealt with as if sentenced to simple \r\nimprisonment. \r\n315. Qatl shibh­i-amd.__ Whoever, with intent to cause harm to the body or mind of any \r\nperson, causes the death of that or of any other person by means of a weapon or an act which in the \r\nordinary course of nature is not likely to cause death is said to commit qatl­shibh­i­’amd. \r\nIllustration \r\nA in order to cause hurt strikes Z with a stick or stone which in the ordinary course of nature is \r\nnot likely to cause death. Z dies as a result of such hurt. A shall be guilty of qatl shibh­i­’amd. \r\n316. Punishment for qatl shibh­i­‘amd .__ Whoever commits qatl shibh -i-amd shall be \r\nliable to diyat and may also be punished with imprisonment of either description for a term which may \r\nextend to 1[twenty five years] as ta’zir. \r\n317. Person committing qatl debarred from succession .__ Where a person committing \r\nqatl­i­'amd or qatl shibh­i­'amd is an hei r or a beneficiary under a will, he shall be debarred from \r\nsucceeding to the estate of the victim as an heir or a beneficiary. \r\n318. Qatl-i-khata.__ Whoever, without any intention to cause the death of, or cause harm to, \r\na person causes death of such person, either by mistake of act or by mistake of fact, is said to commit \r\nqatl­i­khata. \r\nIllustration \r\n(a) A aims at a deer but misses the target and kills Z who is standing by. A is guilty \r\nof qatl­i­khata. \r\n(b) A shoots at an object to be a boar but it turns out t o be a human being. A is \r\nguilty of qatl­i­khata. \r\n319. Punishment for qatl­i­khata.__ Whoever commits qatl­i­khata shall be liable to diyat: \r\nProvided that, where qatl­i­khata is committed by any rash or negligent act, other than rash or \r\nnegligent driving, the offender may, in addition to diyat, also be punished with imprisonment of either \r\ndescription for a term which may extend to five years as ta'zir. \r\n320. Punishment for qatl­i­khata by rash or negligent driving .__ Whoever commits \r\nqatl­i­khata by rash or negligent driving shall, having regard to the facts and circumstances of the case, \r\nin addition to diyat, be punished with imprisonment of either description for a term which may extend \r\nto ten years. \r\n \r\n1Subs. by Act I of 2005, s. 9 for “Fourteen Years”. \r\n \r\n \r\nPage 112 of 179 \r\n \r\n321. Qatl­bis­sabab.__ Whoever, without any intention to cause death of, or cause harm to, \r\nany person, does any unlawful act which becomes a cause for the death of another person, is said to \r\ncommit qatl­bis­sabab. \r\nIllustration \r\nA unlawfully digs a pit in the thoroughfare, but without any intention to cause the death of, or \r\nharm to, any person. B while passing from there falls in it and is killed. A has committed \r\nqatl­bis­sabab. \r\n322. Punishment for qatl­bis­sabab .__ Whoever commits qatl­bis­sabab shall be liable to \r\ndiyat. \r\n323. Value of diyat.__ (1) The court shall, subject to the Injunctions of Islam as laid down in \r\nthe Holy Quran and Sunnah and keeping in view the financial position of the convict and the heirs of \r\nthe victim, fix the value of diyat which shall not be less than the value of thirty thousand six hundred \r\nand thirty grams of silver. \r\n(2) For the purpose of sub­section (1), the Federal Government shall, by notification in the \r\nofficial Gazette, declare the value of silver, on the first day of July each year or on such date as it may \r\ndeem fit, which shall be the value payable during a financial year. \r\n324. Attempt to commit qatl­i­amd .__ Whoever does any act with such intention or \r\nknowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of \r\nqatl­i­amd, shall be punished with imprisonment for either description for a term which may extend to \r\nten year 1[but shall not be less than five years if the offence has been committed in the name or on the \r\npretext of honour] and shall also be liable to fine, and, if hurt is caused to any person by such act, the \r\noffender shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment \r\nprovided for the hurt caused: \r\nProvided that, where the punishment for the hurt is qisas which is not executable, the offender \r\nshall be liable to arsh and may also be punished with imprisonment of either description for a term \r\nwhich may extend to seven years. \r\n325. 2[* * * * * * *] \r\n326. Thug.__ Whoever shall have been habitually associated with any other or others for the \r\npurpose of committing robbery or child­stealing by means of or accompanied with qatl, is a thug. \r\n327. Punishment.__ Whoever is a thug, shall be punished with imprisonment for life and shall also \r\nbe liable to fine. \r\n328. Exposure and abandonment of child under twelve years by parent or person having \r\ncare of it.__ Whoever being the father or mother of a child under the age of twelve years, or having the \r\ncare of such child, shall expose or leave such child in any place with the intention of wholly abandoning \r\nsuch child, shall be punished with imprisonment of either description for a term which may extend to \r\nseven years, or with fine, or with both. \r\n \r\n1Ins. by Act I of 2005, s. 10. \r\n2Omitted by Act XXXVII of 2022, s.2. \r\n \r\n \r\nPage 113 of 179 \r\n \r\nExplanation.__ This section is not intended to prevent the trial of the offender for qatl­i­amd or \r\nqatl­i­shibh­i­amd or qatl­bis­sabab, as the case may be, if the child dies in consequence of the \r\nexposure. \r\n1[328A. Cruelty to a child.__ Whoever willfully assaults, ill­treats, neglects, abandons or does \r\nan act of omission or commission, that results in or has, potential to harm or injure the child by causing \r\nphysical or psychological injury to him shall be punished with imprisonment of either description for \r\na term which shall not be less than one year and may extend upto three years, or with fine which shall \r\nnot be less than twenty­five thousand rupees and may extend upto fifty thousand rupees, or with both.] \r\n329. Concealment of birth by secret disposal of dead body.__ Whoever, by secretly burying \r\nor otherwise disposing of the dead body of a child whether such child dies before or after or during its \r\nbirth, intentionally conceals or endeavours to conceal the birth shall be punishable with imprisonment \r\nof either description for a term which may extend to two years, or with fine, or with both. \r\n330. Disbursement of diyat .__ The diyat shall be disbursed among the heirs of the victim \r\naccording to their respective shares in inheritance: \r\nProvided that, where an heir fo regoes his share, the diyat shall not be recovered to the extent \r\nof his share. \r\n331. Payment of diyat.__ (1) The diyat may be made payable in lump sum or in instalments \r\nspread over a period of 2[five years] from the date of the final judgement. \r\n(2) Where a convict fails to pay diyat or any part thereof within the period specified in sub­ \r\nsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple \r\nimprisonment until the diyat is paid full or may be released on bail if he furnishes security 2[or surety] \r\nequivalent to the amount of diyat to the satisfaction of the court 2[or may be released on parole as may \r\nbe prescribed by the rule]. \r\n(3) Where a convict dies before the payment of diyat or any part thereof, it shall be \r\nrecovered from his estate. \r\n332. Hurt.__ (1) Whoever causes pain, harm, disease, infirmity or injury to any person or \r\nimpairs, disables 3[, disfigures, defaces]or dismembers any organ of the body or part thereof of any \r\nperson without causing his death, is said to cause hurt. \r\n (2) The following are the kinds of hurt:__ \r\n(a) Itlaf­i­udw; (اتلاف عضو) \r\nb) itlaf­i­salahiyyat­i­udw; (اتلاف صلاحیت عضو) \r\nc) shajjah; (شجہ) \r\nd) jurh (جرح) ; and \r\n(e) all kinds of other hurts. \r\n \r\n1Ins. by Act X (Second Amdt.) of 2016, s. 5. \r\n2Subs. ins. & added by Act XV of 2010, s. 2 (w.e.f. 3­10­2007). \r\n \r\nPage 114 of 179 \r\n \r\n1[Explanation.__ disfigure means disfigurement of face or disfigurement or dismemberment of \r\nany organ or any part of the organ of the human body which impairs or injures or corrodes or deforms \r\nthe symmetry or appearance of a person.] \r\n333. Itlaf­i­udw.__ Whoever dismembers, amputates, severs any limb or organ of the body \r\nof another person is said to cause Itlaf­i­udw. \r\n334. Punishment for itlaf­i­udw.__ Whoever by doing any act with the intention of thereby \r\ncausing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person \r\ncauses itlaf­i­udw of any person, shall, in consultation with the authorised medical officer, be punished \r\nwith qisas, and if the qisas is not executable keeping in view the principles of equality in accordance \r\nwith the Injunctions of Islam, the offender shall be liable to arsh and may also be punished with \r\nimprisonment of either description for a term which may extend to ten years as ta'zir. \r\n335. Itlaf­i­salahiyyat­i­udw.__ Whoever destroys or permanently impairs the functioning, \r\npower or capacity of an organ of the body of another person, or causes permanent disfigurement is said \r\nto cause itlaf­i­salahiyyat­i­udw. \r\n336. Punishment for itlaf­i­salahiyyat­i­udw.__ Whoever, by doing any act with the \r\nintention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any \r\nperson, causes itlafi­salahiyyat­i­udw of any person, shall, in consultation with the authorised medical \r\nofficer, be punished with qisas and if the qisas is not executable keeping in view the principles of \r\nequality in accordance with the Injunctions of Islam, the offender shall be liable to arsh and may also \r\nbe punished with imprisonment of either description for a term which may extend to ten years as ta'zir. \r\n1[336A. Hurt caused by corrosive substance. __ Whoever with the intention or knowingly \r\ncauses or attempts to cause hurt by means of a corrosive substance or any substance which is \r\ndeleterious to human body when it is swallowed, inhaled, comes into contact or received into human \r\nbody or otherwise shall be said to cause hurt by corrosive substance: \r\nExplanation.__ In this sub­section, unless the context otherwise requires, “corrosive substance” \r\nmeans a substance which may destroy, cause hurt, deface or dismember any organ of the human body \r\nand includes every kind of acid, poison, explosive or explosive substance, heating substance, noxious \r\nthing, arsenic or any other chemical which has a corroding effect and which is deleterious to human \r\nbody. \r\n336B. Punishment for hurt by corrosive substance. __ Whoever causes hurt by corrosive \r\nsubstance shall be punished with imprisonment for life or imprisonment of either description which \r\nshall not be less than fourteen years and a minimum fine of one million rupees.] \r\n337. Shajjah.__ (1) Whoever causes, on the head or face of any person, any hurt which does \r\nnot amount to itlaf­i­udw or itlaf­i­salahiyyati­udw, is said to cause shajjah. \r\n(2) The following are the kinds of shajjah, namely:__ \r\n(a) Shajjah­i­Khafifah (شجہ خفیفہ) ; \r\nb) Shajjah­i­mudihah (شجہ موضعہ;) \r\n \r\n1Ins. & added by Act XXV (Second Amdt.) of 2011, s.2-3. \r\n \r\n \r\nPage 115 of 179 \r\n \r\n(c) Shajjah­i­hashimah (شجہ ہاشمہ); \r\nd) Shajjah­i­munaqqilah (شجہ منقولہ) ; \r\ne) Shajjah­i­ammah (شجہ امہ); and \r\n(f) Shajjah­i­damighah. (شجہ دامعنہ) \r\n3) Whoever causes shajjah,__ \r\n(i) without exposing bone of the victim, is said to cause shajjah­i­khafifah ; \r\n(ii) by exposing any bone of the victim without causing fracture, is said to cause \r\nshajjah­i­mudihah ; \r\n(iii) by fracturing the bone of the victim, without dislocating it, is said to cause \r\nshajjah­i­hashimah ; \r\n(iv) by causing fracture of the bone of the victim and thereby bone is dislocated, is \r\nsaid to cause shajjah­i­munaqqilah ; \r\n(v) by causing fracture of the skull of the victim so that the wound touches the \r\nmembrane of the brain, is said to cause shajjah­i­ammah ; and \r\n(vi) by causing fracture of the skull of the victim and the wound ruptures the \r\nmembrane of the brain is said to cause shajjah­i­damighah. \r\n337A. Punishment of shajjah. Whoever, by doing any act with the intention of thereby \r\ncausing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, \r\ncauses__ \r\n(i) shajjah­i­khafifah to any person, shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may extend \r\nto two years as ta'zir; \r\n(ii) shajjah­i­mudihah to any person, shall, in consultation with the authorised \r\nmedical officer, be punished with qisas, and if the qisas is not executable \r\nkeeping in view the principles of equality in accordance with the Injunctions of \r\nIslam, the convict shall be liable to arsh which shall be five per cent of the diyat \r\nand may also be punished with imprisonment of either description for a term \r\nwhich may extend to five years as ta'zir; \r\n(iii) shajjah­i­hashimah to any person, shall be liable to arsh which shall be ten per \r\ncent of the diyat and may also be punished with imprisonment of either \r\ndescription for a term which may extend to ten years as ta'zir; \r\n(iv) shajjah­i­munaqqilah to any person, shall be liable to arsh which shall be fifteen \r\nper cent of the diyat and may also be punished with imprisonment of either \r\ndescription for a term which may extend to ten years as ta'zir; \r\n(v) shajjah­i­ammah to any person, shall be liable to arsh which shall be one­third \r\nof the diyat and may also be punished with impri sonment of either description \r\n \r\nPage 116 of 179 \r\n \r\nfor a term which may extend to ten years as ta'zir ; and \r\n(vi) shajjah­i­damighah to any person shall be liable to arsh which shall be one­half \r\nof diyat and may also be punished with imprisonment of either description for \r\na term which may extend to fourteen years as ta'zir. \r\n337B. Jurh.__ (1) Whoever causes on any part of the body of a person, other than the head or \r\nface, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh. \r\n(2) Jurh رحج is of two kinds, namely :__ \r\n(a) Jaifah جائفہ ;and \r\n(b) Ghayr­jaifah. غیر جائفہ \r\n \r\n337C. Jaifah.__ Whoever causes jurh in which the injury extends to the body cavity of the \r\ntrunk, is said to cause jaifah. \r\n337D. Punishment for jaifah.__ Whoever by doing any act with the intention of causing hurt \r\nto a person or with the knowledge that he is likely to cause hurt to such person, causes jaifah to such \r\nperson, shall be liable to arsh which shall be one­third of the diyat and may also be punished with \r\nimprisonment of either description for a term which may extend to ten years as ta'zir. \r\n337E. Ghayr­jaifah.__ (1) Whoever causes jurh which does not amount to jaifah, is said to \r\ncause ghayr­jaifah. \r\n(2) The following are the kinds of ghayr­jaifah, namely: \r\n(a) Damiyah; دامیہ ; \r\nb) badi’ah; باضغہ ; \r\nc) mutalahimah; متلا حصہ ; \r\nd) mudihah; موضعہ ; \r\ne) hashimah ہاشمہ ; and \r\n(f) munaqqilah. منقلہ ; \r\n3) Whoever causes ghayr­jaifah__ \r\n(i) in which the skin is ruptured and bleeding occurs, is said to cause damiyah ; \r\n(ii) by cutting or incising the flesh without exposing the bone, is said to cause \r\nbadi'ah ; \r\n(iii) by lacerating the flesh, is said to cause mutalahimah; \r\n(iv) by exposing the bone, is said to cause mudihah; \r\n \r\nPage 117 of 179 \r\n \r\n(v) by causing fracture of a bone without dislocating it, is said to cause hashimah; \r\nand \r\n(vi) by fracturing and dislocating the bone, is said to cause munaqqilah. \r\n337F. Punishment of ghayr­jaifah. Whoever by doing any act with the intention of causing \r\nhurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes__ \r\n(i) damiyah to any person, shall be liable to daman and may also be punished with \r\nimprisonment of either description for a term which may extend to one year as \r\nta'zir; \r\n(ii) badi’ah to any person, shall be liable to daman and may also be punished with \r\nimprisonment of either description for a term which may extend to three years \r\nas ta'zir; \r\n(iii) mutalahimah to any person, shall be liable to daman and may also be punished \r\nwith imprisonment of either description for a term which may extend to three \r\nyears as ta'zir; \r\n(iv) mudihah to any person, shall be liable to daman and may also be punished with \r\nimprisonment of either description for a term which may extend to five years as \r\nta'zir; \r\n(v) hashimah to any person, shall be liable to daman and may also be punished with \r\nimprisonment of either description for a term which may extend to five years as \r\nta’zir; and \r\n(vi) munaqqilah to any person, shall be liable to daman and may also be punish ed \r\nwith imprisonment of either description for a term which may extend to seven \r\nyears as ta'zir. \r\n337G. Punishment for hurt by rash or negligent driving . Whoever causes hurt by rash or \r\nnegligent driving shall be liable to arsh or daman specified for the kind of hurt caused and may also \r\nbe punished with imprisonment of either description for a term which may extend to five years as \r\nta'zir. \r\n337H. Punishment for hurt by rash or negligent act. __(1) Whoever causes hurt by rash or \r\nnegligent act, other than rash or negligent driving, shall be liable to arsh or daman specified for the \r\nkind of hurt caused and may also be punished with imprisonment of either description for a term which \r\nmay extend to three years as ta'zir. \r\n(2) Whoever does any act so rashly or negligently as to endanger human life or the personal \r\nsafety of others, shall be punished with imprisonment of either description for a term which may extend \r\nto three months, or with fine, or with both. \r\n337I. Punishment for causing hurt by mistake (khata).__ Whoever causes hurt by mistake \r\n(Khata) shall be liable to arsh or daman specified for the kind of hurt caused. \r\n337J. Causing hurt by means of a poison .__ Whoever administers to, or causes to be taken \r\nby, any person, any poison or any stupefying, intoxicating or unwholesome drug, or such other thing \r\nwith intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an \r\n \r\nPage 118 of 179 \r\n \r\noffence, or knowing it to be likely that he will thereby cause hurt may, in addition to the punishment \r\nor arsh or daman provided for the kind of hurt caused, be punished, having regard to the nature of the \r\nhurt caused, with imprisonment of either description for a term which may extend to ten years. \r\n 337K. Causing hurt to extort confession, or to compel restorati on of property .__ Whoever \r\ncauses hurt for the purpose of extorting from the sufferer or any person interested in the sufferer any \r\nconfession or any information which may lead to the detection of any offence or misconduct, or for \r\nthe purpose of constraining the sufferer, or any person interested in the sufferer, to restore, or to cause \r\nthe restoration of, any property or valuable security or to satisfy any claim or demand, or to give \r\ninformation which may lead to the restoration of any property or valuable security shall, in addition to \r\nthe punishment of qisas, arsh or daman, as the case may be, provided for the kind of hurt caused, be \r\npunished, having regard to the nature of the hurt caused, with imprisonment of either description for a \r\nterm which may extend to ten years as ta’zir. \r\n337L. Punishment for other hurt.__ (1) Whoever causes hurt, not mentioned hereinbefore, \r\nwhich endangers life or which causes the sufferer is to remain in severe bodily pain for twenty days or \r\nmore or renders him unable to follow his ordinary pursuits for twenty days or more, shall be liable to \r\ndaman and also be punished with imprisonment of either description for a term which may extend to \r\nseven years. \r\n(2) Whoever causes hurt not covered by sub­section (1) shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with daman or with \r\nboth. \r\n337M. Hurt not liable to qisas .__ Hurt shall not be liable to qisas in the following cases, \r\nnamely:__ \r\n(a) when the offender is a minor or insane: \r\nProvided that he shall be liable to arsh and also to ta'zir to be determined \r\nby the court having regard to the age of offender, circumstances of the case and \r\nthe nature of hurt caused; \r\n(b) when an offender at the instance of the victim causes hurt to him: \r\nProvided that the offender may be liable to ta'zir provided for the kind \r\nof hurt caused by him; \r\n(c) when the offender has caused itlaf­i­udw of a physically imperfect organ of the \r\nvictim and the convict does not suffer from similar physical imperfection of \r\nsuch organ: \r\nProvided that the offender shall be liable to arsh and may also be liable \r\nto ta'zir provided for the kind of hurt caused by him; and \r\n(d) when the organ of the offender liable to qisas is missing: \r\nProvided that the offender shall be liable to arsh and may also be liable \r\nto ta'zir provided for the kind of hurt caused by him. \r\n \r\n \r\nPage 119 of 179 \r\n \r\nIllustrations \r\n(i) A amputates the right ear of Z, the half of which was already missing. If A’s right \r\near is perfect, he shall be liable to arsh and not qisas. \r\n(ii) If in the above illustration , Z’s ear is physically perfect but wi thout power of \r\nhearing, A shall be liable to qisas because the defect in Z's ear is not physical. \r\n(iii) If in illustration (i) Z’s ear is pierced. A shall be liable to qisas because such minor \r\ndefect is not physical imperfection. \r\n337N. Cases in which qisas for hurt shall not be enforced.__ (1) The qisas for a hurt shall \r\nnot be enforced in the following cases, namely :__ \r\n(a) when the offender dies before execution of qisas ; \r\n(b) when the organ of the offender liable to qisas is lost before the execution of qisas: \r\nProvided that offender shall be liable to arsh, and may also be liable to ta'zir \r\nprovided for the kind of hurt caused by him; \r\n(c) when the victim waives the qisas or compounds the offence with badl­i­sulh ; or \r\n(d) when the right of qisas devolves on the person who cannot claim qisas against the \r\noffender under this Chapter: \r\nProvided that the offender shall be liable to arsh, if there is any wali other \r\nthan the offender, and if there is no wali other than the offender he shall be liable \r\nto ta'zir provided for the kind of hurt caused by him. \r\n(2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the court may, \r\nhaving regard to the kind of hurt caused by him, in addition to payment of arsh, award ta'zir to an offender \r\nwho is a previous convict, habitual or hardened, desperate of dangerous criminal 1[or the offence has been \r\ncommitted by him in the name or on the pretext of honour]1[:] \r\n1[Provided that the ta’zir shall not be less than one­third of the maximum imprisonment provided \r\nfor the hurt caused if the offender is a previous convict, habitual, hardened, desperate or dangerous criminal \r\nor if the offence has been committed by him in the name or on the pretext of honour.] \r\n337O. Wali in case of hurt. In the case of hurt the wali shall be– \r\n(a) the victim: \r\nProvided that, if the victim is a minor or insane, his right of qisas shall be \r\nexercised by his father or paternal grandfather, how­high­so­ever; \r\n(b) the heirs of the victim, if the later dies before the execution of qisas ; and \r\n(c) the Government, in the absence of the victim or the heirs of the victim. \r\n \r\n \r\n1Added, subs & ins. by Act I of 05, s.11. \r\n \r\nPage 120 of 179 \r\n \r\n337P. Execution of qisas for hurt.__ (1) Qisas shall be executed in public by an authorized \r\nmedical officer who shall before such execution examine the offender and take due care so as to ensure \r\nthat the execution of qisas does not cause the death of the offender or exceed the hurt caused by him \r\nto the victim. \r\n(2) The wali shall be present at the time of execution and if the wali or his representative \r\nis not present, after having been informed of the date, time and place by the court an officer authorised \r\nby the court in this behalf shall give permission for the execution of qisas. \r\n(3) If the convict is a woman who is pregnant, the court may, in consultation with an \r\nauthorised medical officer, postpone the execution of qisas up to a period of two years after the birth \r\nof the child and during this period she may be released on bail on furnishing of security to the \r\nsatisfaction of the court or, if she is not so released, shall be dealt with as if sentenced to simple \r\nimprisonment. \r\n337Q. Arsh for single organs. The arsh for causing itlaf of an organ which is found singly in \r\na human body shall be equivalent to the value of diyat. \r\nExplanation.__ Nose and tongue are included in the organs which are found singly in a human \r\nbody. \r\n337R. Arsh for organs in pairs.__ The arsh for causing itlaf of organs found in a human body \r\nin pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such organs the amount \r\nof arsh shall be one­half of the diyat : \r\nProvided that, where the victim has only one such organ or his other organ is missing or has \r\nalready become incapacitated the arsh for causing itlaf of the existing or capable organ shall be equal \r\nto the value of diyat. \r\nExplanation.__ Hands, feet, eyes, lips and breasts are included in the organs which are found in \r\na human body in pairs. \r\n337S. Arsh for the organs in quadruplicate . The arsh for causing itlaf of organs found in a \r\nhuman body in a set of four shall be equal to__ \r\n(a) one­fourth of the diyat, if the itlaf is one of such organs; \r\n(b) one­half of the diyat, if the itlaf is of two of such organs; \r\n(c) three­fourth of the diyat, if the itlaf is of three such organs; and \r\n(d) full diyat, if the itlaf is of all the four organs. \r\nExplanation.__ Eyelids are organs which are found in a human body in a set of four. \r\n337T. Arsh for fingers.__ (1) The arsh for causing itlaf of a finger of a hand or foot shall be \r\none­ tenth of the diyat. \r\n(2) The arsh for causing itlaf of a joint of a finger shall be one­thirteenth of the diyat : \r\n \r\n \r\nPage 121 of 179 \r\n \r\nProvided that where the itlaf is of a joint of a thumb, the arsh shall be one­twentieth of the \r\ndiyat. \r\n337U. Arsh for teeth.__ The arsh for causing itlaf of a tooth, other than a milk tooth shall be \r\none­twentieth of the diyat. \r\nExplanation.__ The impairment of the portion of a tooth outside the gum amounts to causing \r\nitiaf of a tooth. \r\n(2) The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat. \r\n(3) Where the itlaf is of a milk tooth, the accused shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may extend to one year: \r\nProvided that, where itlaf of a milk tooth impedes the growth of a new tooth, the accused shall \r\nbe liable to arsh specified in sub­section (1). \r\n337V. Arsh for hair.__ (1) Whoever uproots__ \r\n(a) all the hair of the head, beard, mustaches, eyebrow, eyelashes or any other part \r\nof the body shall be liable to arsh equal to diyat and may also be punished with \r\nimprisonment of either description for a term which may exte nd to three years \r\nas ta'zir; \r\n(b) one eyebrow shall be liable to arsh equal to one­half of the diyat ; and \r\n(c) one eyelash, shall be liable to arsh equal to one­fourth of the diyat. \r\n(2) Where the hair of any part of the body of the victim are forcibly removed by any process \r\nnot covered under sub­section (1), the accused shall be liable to daman and imprisonment of either \r\ndescription which may extend to one year. \r\n337W. Merger of arsh.__ (1) Where an accused causes more than one hurt, he shall be liable \r\nto arsh specified for each hurt separately: \r\nProvided that, where__ \r\n(a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to \r\nsuch organ and not for arsh for causing hurt to any part of such organ; and \r\n(b) the wounds join together and form a single wound, the accused shall be liable \r\nto arsh for one wound. \r\nIllustrations \r\n(i) A amputates Z’s fingers of the right hand and then at the same time amputates \r\nthat hand from the joint of his wrist. There is separate arsh for hand and for \r\nfingers. A shall, however, be liable to arsh specified for hand only. \r\n(ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that \r\nthey form into one wound. A shall be liable to arsh for one wound only. \r\n \r\nPage 122 of 179 \r\n \r\n \r\n(2) Where, after causing hurt to a person, the offender causes death of such person by \r\ncommitting qatl liable to diyat, arsh shall merge into such diyat : \r\nProvided that the death is caused before the healing of the wound caused by such hurt. \r\n337X. Payment of arsh.__ (1) The arsh may be made payable in a lump sum or in instalments \r\nspread over a period of 1[five years] from the date of the final judgement. \r\n(2) Where a convict fails to pay arsh or any part thereof wi thin the period specified in \r\nsub­section (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to \r\nsimple imprisonment until arsh is paid in full or may be released on bail if he furnishes security 1[or \r\nsurety] equal to the a mount of arsh to the satisfaction of the court 1[or may be released on parole as \r\nmay be prescribed by the rules.] \r\n(3) Where a convict dies before the payment of arsh or any part thereof, it shall be \r\nrecovered from his estate. \r\n337Y. Value of daman.__ (1) The value of daman may be determined by the court keeping in \r\nview. \r\n(a) the expenses incurred on the treatment of victom ; \r\n(b) loss or disability caused in the functioning or power of any organ; and \r\n(c) the compensation for the anguish suffered by the victim;. \r\n1[(1a) The daman may be made payable in lump sum or in installments spread over a period of \r\nfive years from the date of the final judgement.] and \r\n1[(2) Where a convict fails to pay daman or any part thereof within the period specified in sub­ \r\nsection (la), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple \r\nimprisonment until daman is paid in full or may be released on bail if he furnishes security or surety \r\nequivalent to the amount of daman to the satisfaction of the court or may be released on parole as may \r\nbe prescribed by the rules.] \r\n337Z. Disbursement of arsh or daman.__ The arsh or daman shall be payable to the victim or, \r\nif the victim dies, to his heirs according to their respective shares in inheritance. \r\n338. Isqat­i­Hamal(اسقاط حمل) .__ Whoever causes a woman with child whose organs have \r\nnot been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving \r\nthe life of the women, or providing necessary treatment to her, is said to cause 'isqat­i­haml'. \r\nExplanation.__ A women who causes herself to miscarry is within the meaning of this section. \r\n338A. Punishment for Isqat­i­haml .__ Whoever causes isqat­i­haml shall be liable to \r\npunishment as ta'zir__ \r\n \r\n1Subs, ins & added by Act XV of 2010, ss.3­4 (w.e.f. 3­10­2007). \r\n \r\n \r\nPage 123 of 179 \r\n \r\n(a) with imprisonment of either description for a term which may extend to th ree \r\nyears, if isqat­i­haml is caused with the consent of the woman; or \r\n(b) with imprisonment of either description for a term which may extend to ten \r\nyears, if isqat­i­haml is caused without the consent of the woman : \r\nProvided that, if as a result of isqat­i­haml, any hurt is caused to woman or she dies, the convict \r\nshall also be liable to the punishment provided for such hurt or death as the case may be. \r\n338B. Isqat­i­janin (نیاسقاط جن).__ Whoever causes a woman with child some of whose limbs \r\nor organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose \r\nof saving the life of the woman, is said to cause isqat­i­janin. \r\nExplanation.__ A woman who causes hereself to miscarry is within the meaning of this section. \r\n338C. Punishment for Isqat­i­janin.__ Whoever causes Isqat­i­janin shall be liable to__ \r\n(a) one­twentieth of the diyat if the child is born dead; \r\n(b) full diyat if the child is born alive but dies as a result of any act of the offender; \r\nand \r\n(c) imprisonment of either description for a term which may extend to seven years \r\nas ta'zir: \r\nProvided that, if there are more than on e child in the womb of the woman, the offender shall \r\nbe liable to separate diyat or ta'zir, as the case may be, for every such child: \r\nProvided further that if, as a result of isqat­i­janin, any hurt is caused to the woman or she dies, \r\nthe offender shall also be liable to the punishment provided for such hurt or death, as the case may be. \r\n338D. Confirmation of sentence of death by way of qisas or ta’zir, etc.__ A sentence of death \r\nawarded by way of qisas or ta’zir, or a sentence of qisas awarded for causing hurt, shall not be \r\nexecuted, unless it is confirmed by the High Court. \r\n338E. Waiver or compounding of offences.__ (1) Subject to the provisions of this Chapter and \r\nsection 345 of the Code of Criminal Procedure, 1898 (V of 1898), all offences under this Chapter may \r\nbe waived or compounded and the provisions of sections 309 1[,310 and 311] shall, mutatis mutandis, \r\napply to the waiver or compounding of such offences: \r\nProvided that, where an offence has been waived or compounded, the court may, in its \r\ndiscretion having regard to the facts and circumstances of the case, acquit or award ta’zir to the \r\noffender according to the nature of the offence 2[:] \r\n1[Provided further that where an offence under this Chapter has been committed and the \r\nprinciple of fasad­fil­arz is attracted, the court having regard to the facts and circumstances of the case \r\nshall punish an offender with imprisonment or fine as provided for that offence.] \r\n \r\n1Subs. by Act XLIII of 2016, s. 7. \r\n2Subs. by Act I of 05, s.12. \r\n \r\n \r\nPage 124 of 179 \r\n \r\n(2) All questions relatin g to waiver or compounding of an offence or awarding of \r\npunishment under section 310, whether before or after the passing of any sentence, shall be determined \r\nby trial court : \r\nProvided that where the sentence of qisas or any other sentence is waived or com pounded \r\nduring the pendency of an appeal, such questions may be determined by the appellate court. \r\n338F. Interpretation.__ In the interpretation and application of the provisions of this Chapter, \r\nand in respect of matter ancillary or akin thereto, the court shall be guided by the Injunctions of Islam \r\nas laid down in the Holy Quran and Sunnah. \r\n338G. Rules.__ 1[(1)] The Government may, in consultation with the Council of Islamic \r\nIdeology, by notification in the official Gazette, make such rules as it may cons ider necessary for \r\ncarrying out the purposes of this Chapter. \r\n1[(2) Notwithstanding anything contained in sub­section (1), the Federal Government may, \r\nby Notification in the official Gazette, make rules regarding the following matters, namely:__ \r\n(a) providing mechanism for creation of a fund, which shall be non­lapsable and \r\nexempted from taxes, for the purpose of making of payment of diyat, arsh and \r\ndaman of the convicts, who, on account of poverty and weak financial position \r\nare confined in jails for want of making the said payment; \r\n(b) facility of extending soft loans out of the said fund to the convicts enabling them \r\nto satisfy the claim of legal heirs of the deceased or victims in respect of diyat, \r\narsh and daman; \r\n(c) in appropriate cases release of such prisoners on parole by the court who after \r\nhaving served out the substantive sentence of imprisonment, if any, are confined \r\nin jails on account of non­payment of diyat, arsh and daman; \r\n(d) providing jobs to the said convicts, other than the Government dep artment in \r\nthe work places attached with the jails or through the social organizations or \r\nphilanthropists, enabling the convicts to disburse the amount paid out of the \r\nfund or extended through loans; \r\n(e) mechanism for protecting rights of the victims for the purpose of diyat, arsh and \r\ndaman; and \r\n(f) any other matter for which the rules may be necessary to carry out the aforesaid \r\npurposes.] \r\n338H. Saving.__ (1) Nothing in this Chapter, except sections 309, 310 and 338E, shall apply \r\nto cases pending before any court immediately before the commencement of the Criminal Law (Second \r\nAmendment) Ordinance, 1990 (VII of 1990), or to the offences committed before such \r\ncommencement]. \r\n \r\n \r\n1Re­numbered & added by Act XV of 2010, s.5 (w.e.f. 3­10­2007) \r\n \r\n \r\nPage 125 of 179 \r\n \r\n1[CHAPTER XVI A] \r\nOF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT \r\n339. Wrongful restraint. Whoever voluntarily obstructs any person so as to prevent that \r\nperson from proceeding in any direction in which that person has a right to proceed, is said wrongfully \r\nto restrain that person. \r\nException.__ The obstruction of a private way over land or water which a person in good faith \r\nbelieves himself to have a lawful right to obstruct, is not an offence within the meaning of this section. \r\nIllustration \r\nA obstructs a path along which Z has a right to pass, A not believing in good faith that he has \r\na right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. \r\n340. Wrongful confinement. Whoever wrongfully restrains any person in such a manner as \r\nto prevent that pers on from proceeding beyond certain circumscribing limits, is said “wrongfully to \r\nconfine” that person. \r\nIllustrations \r\n(a) A causes Z to go within a walled space, and locks Z in. Z is than prevented from \r\nproceeding in any direction beyond the circumscribing l ine of wall. A \r\nwrongfully confines Z. \r\n(b) A places men with firearms at the outlets of a building, and tells Z that they will \r\nfire at Z if Z attempts to leave the building. A wrongfully confines Z. \r\n341. Punishment for wrongful restrains. Whoever wrongfully restrains any person, shall be \r\npunished with simple imprisonment for a term which may extend to one month, or with fine which may extend \r\nto 2[one thousand five hundred rupees], or with both. \r\n342. Punishment for wrongful confinement. Whoever wrongfully confines any person, shall be \r\npunished with imprisonment of either description for a term which may extend to one year, or with fine which \r\nmay extend to 2[three thousand rupees], or with both. \r\n343. Wrongful confinement for three or more days. Whoever wrongfully confines any person for \r\nthree days or more, shall be punished with imprisonment of either description for a term which may extend to \r\ntwo years, or with fine, or with both. \r\n344. Wrongful confinement for ten or more days. Whoever wrongfully confines any p erson for \r\nten days, or more, shall be punished with imprisonment of either description for a term which may extend to \r\nthree years, and shall also be liable to fine. \r\n345. Wrongful confinement of person for whose liberation writ has been issued. Whoever keeps \r\nany person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, \r\nshall be punished with imprisonment of either description for a term which may extend to two years in addition \r\nto any term of imprisonment to which he may be liable under any other section of this Chapter. \r\n \r\n1Ins. by Act No II of 1997, s.7. \r\n2Subs. by Ord. 86 of 02, s.2 & Sch.I. \r\n \r\n \r\nPage 126 of 179 \r\n \r\n346. Wrongful confinement in secret. Whoever wrongfully confines any person in such \r\nmanner as to indicate an intention that the confinement of such person may not be known to any person \r\ninterested in the person so confined, or to any public servant, or that the place of such confinement \r\nmay not be known to or discovered by any such person or public servant as hereinbefore mentioned, \r\nshall be punished with imprisonment of either description for a term which may extend to two years \r\nin addition to any other punishment to which he may be liable for such wrongful confinement. \r\n347. Wrongful confinement to extort property or cons train to illegal act. Whoever \r\nwrongfully confines any person for the purpose of extorting from the person confined, or from any \r\nperson interested in the person confined, any property or valuable security or of constraining the person \r\nconfined or any person interested in such person to do anything illegal or to give any information \r\nwhich may facilitate the commission of an offence, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years, and shall also be liable to fine. \r\n348. Wrongful confinement to extort confession, or compel restoration of property. \r\nWhoever wrongfully confines any person for the purpose of extorting from the person confined or any \r\nperson interested in the person confined any confession or any in formation which may lead to the \r\ndetection of an offence or misconduct, or for the purpose of constraining the person confined or any \r\nperson interested in the person confined to restore or to cause the restoration of any property or valuable \r\nsecurity or to satisfy any claim or demand, or to give information which may lead to the restoration of \r\nany property or valuable security, shall be punished with imprisonment of either description for a term \r\nwhich may extend to three years, and shall also be liable to fine. \r\n1Of Criminal Force and Assault \r\n349. Force. A person is said to use force to another if he causes motion, change of motion, \r\nor cessation of motion to that other, or if he causes to any substance such motion, or change of motion, \r\nor cessation of motion as brings that substance into contact with any part of that other's body, or with \r\nanything which that other is wearing or carrying, or with anything so situated that such contact affects \r\nthat other's sense of feeling : Provided that the person causing the m otion, or change of motion, or \r\ncessation of motion, causes that motion, change of motion, or cessation of motion in one of the three \r\nways hereinafter described : \r\nFirst.__By his own bodily power. \r\nSecondly.__ By disposing any substance in such a manner that the motion or change or cessation \r\nof motion takes place without any further act on his part, or on the part of any other person. \r\nThirdly.__ By inducing any animal to move, to change its motion, or to cease to move. \r\n350. Criminal force. Whoever intentionally uses force to any person, without that person's \r\nconsent, in order to the committing of any offence, or intending by the use of such force to cause, or \r\nknowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the \r\nperson to whom the force is used, is said to use criminal force to that other. \r\nIllustrations \r\n(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus \r\nintentionally causes the boat to drift down the stream. Here A intentionally \r\n \r\nlAs to punishment for an offence under s. 354 enquired into by a Council of Elders in a Punjab Frontier District, in the N.W.F.P. or in Baluchistan see \r\nthe Frontier Crime Regulation, 1901 (3 of 1901), s.12. \r\n \r\nPage 127 of 179 \r\n \r\ncauses motion to Z, and he does this by disposing substances in such a manner \r\nthat the motion is produced without any other action on any person’s part. A has \r\ntherefore intentionally used force to Z; and if he has done so without Z’s \r\nconsent, in order to the committing of any offence, or intending or knowin g it \r\nto be likely that this use of force will cause injury, fear or annoyance to Z, A \r\nhas used criminal force to Z. \r\n(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken \r\ntheir pace. Here A has caused change of motion to Z by inducing the animals to \r\nchange their motion. A has therefore used force to Z; and if A has done this \r\nwithout Z’s consent, intending or knowing it to be likely that he may thereby \r\ninjure, frighten or annoy Z, A has used criminal force to Z. \r\n(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the \r\npalanquin. Here A has caused cessation of motion to Z, and he has done this by \r\nhis own bodily power. A has therefore used force to Z; and as A has acted thus \r\nintentionally, without Z’s consent, in order to the commission of an offence. A \r\nhas used criminal force to Z. \r\n(d) A intentionally pushes against Z in the street. Here A has by his own bodily \r\npower moved his own person so as to bring it into contact with Z. He has \r\ntherefore intentiona lly used force to Z; and if he has done so without Z’s \r\nconsent, intending or knowing it to be likely that he may thereby injure, frighten \r\nor annoy Z, he has used criminal force to Z. \r\n(e) A throws a stone, intending or knowing it to be likely that the stone will be thus \r\nbrought into contact with Z, or with Z’s clothes, or with something carried by \r\nZ, or that it will strike water, and dash up the water against Z’s clothes or \r\nsomething carried by Z. Here, if the throwing of the stone produce the effect of \r\ncausing any substance to come into contact with Z, or Z’s clothes, A has used \r\nforce to Z; and if he did so without Z’s consent, intending thereby to injure, \r\nfrighten or annoy Z, he has used criminal force to Z. \r\n(f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her, \r\nand if he does so without her consent intending or knowing it to be likely that \r\nhe may thereby injure, frighten or annoy her, he has used criminal force to her. \r\n(g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A \r\nintentionally by his own bodily power causes such motion in the boiling water \r\nas brings that water into contact with Z, or with other water so situated that such \r\ncontact must affect Z’s sense of feeling: A has therefore intentionally used force \r\nto Z; and if he has done this without Z’s consent intending or knowing it to be \r\nlikely that he may thereby cause injury, fear or annoyance to Z, A has used \r\ncriminal force. \r\n(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A i ntends to \r\ncause injury, fear or annoyance to Z, he uses criminal force to Z. \r\n351. Assault. Whoever makes any gesture, or any preparation intending or knowing it to be \r\nlikely that such gesture or preparation will cause any person present to apprehend that h e who makes \r\nthat gesture or preparation is about to use criminal force to that person, is said to commit an assault. \r\n \r\nPage 128 of 179 \r\n \r\nExplanation.__ Mere words do not amount to an assault. But the words which a person uses may \r\ngive to his gestures or preparation such a mea ning as may make those gestures or preparations amount to \r\nan assault. \r\nIllustrations \r\n(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause \r\nZ to believe that A is about to strike Z. A has committed an assault. \r\n(b) A begins to unloose the muzzle of a ferocious dog, intending, or knowing it to be \r\nlikely that he may thereby cause Z to believe that he is about to cause the dog to \r\nattack Z. A has committed an assault upon Z. \r\n(c) A takes up a stick, saying to Z, “I wi1l give you a beating”. Here, though the words \r\nused by A could in no case amount to an assault, and though the mere gesture, \r\nunaccompanied by any other circumstances, might not amount to an assault, the \r\ngesture explained by the words may amount to an assault. \r\n352. Punishment for assault or criminal force otherwise than on grave provocation. \r\nWhoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation \r\ngiven by that person, shall be punished with imprisonment of either description for a term which may \r\nextend to three months, or with fine which may extend to 1[one thousand five hundred rupees], or with \r\nboth. \r\nExplanation.–– Grave and sudden provocation will not mitigate the punishment for an offence \r\nunder this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the \r\noffence, or \r\nif the provocation is given by anything done in obedience to the law, or by a public servant, in the \r\nlawful exercise of the powers of such public servant, or \r\nif the provocation is given by anything done in the lawful exercise of the right of private defence. \r\nWhether the provocation was grave and sudden enough to mitigate the offence, is a question of \r\nfact. \r\n353. Assault or criminal force to deter public servant from discharge of his duty. Whoever \r\nassaults or uses criminal force to any person being a public servant in the execution of his duty as such \r\npublic servant, or with intent to prevent or deter that person from discharging his duty as such public \r\nservant, or in consequence of anything done or attempted to be done by such person in the lawful discharge \r\nof his duty as such public servant, shall be punished with imprisonment of either description for a term \r\nwhich may extend to two years, or with fine, or with both. \r\n354. Assault or criminal force to woman with intent to outrage her modesty. Whoever \r\nassaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will \r\nthereby outrage her modesty, shall be punished with imprisonment of e ither description for a term which \r\nmay extend to two years, or with fine, or with both. \r\n2[354A. Assault or use of criminal force to woman and stripping her of her clothes._ Whoever \r\nassaults or uses criminal force to any women and strips her of her clothes and, in that condition, exposes \r\n \r\n1Subs. by Ord. No. 86 of 2002, s.2 and Sch­I. \r\n2Ins. by Ord. XXIV of 1984, s.2. \r\n \r\nPage 129 of 179 \r\n \r\nher to the public view, shall be punished 1[***] with imprisonment for life, and shall also be liable to \r\nfine.] \r\n355. Assault or criminal force with intent to dishonour person, otherwise than on grave \r\nprovocation. Whoever assaults or uses criminal force to any person, intending thereby to dishonour \r\nthat person, otherwise than on grave and sudden provocation given by that person, shall be punished \r\nwith imprisonment of either description for a term which may extend to two years, or with fine, or \r\nwith both. \r\n356. Assault or criminal force in attempt to commit theft of property carried by a \r\nperson. Whoever assaults or uses criminal force to any person i n attempting to commit theft on any \r\nproperty which that person is then wearing or carrying shall be punished with imprisonment of either \r\ndescription for a term which may extend to two years, or with fine, or with both. \r\n357. Assault or criminal force in att empt wrongfully to confine a person. Whoever \r\nassaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be \r\npunished with imprisonment of either description for a term which may extend to one year, or with \r\nfine which may extend to 2[three thousand rupees], or with both. \r\n358. Assault or criminal force on grave provocation. Whoever assaults or uses criminal \r\nforce to any person on grave and sudden provocation given by that person, shall be punished with \r\nsimple imprisonment for a term which may extend to one month or with fine which may extend to \r\n2[six hundred rupees], or with both. \r\nExplanation.__ The last section is subject to the same Explanation as section 352. \r\nOf Kidnapping, Abduction, Slavery and Forced Labour \r\n359. Kidnapping. Kidnapping is of two kinds: kidnapping from 3[Pakistan], and kidnapping \r\nfrom lawful guardianship. \r\n360. Kidnapping from Pakistan. Whoever conveys any person beyond the limits of \r\n3[Pakistan] without the consent of that person, or of some person l egally authorised to consent on \r\nbehalf of that person, is said to kidnap that person from 3[Pakistan]. \r\n361. Kidnapping from lawful guardianship. Whoever takes or entices any minor under \r\nfourteen years of age if a male, or under sixteen years of age if a fe male, or any person of unsound \r\nmind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the \r\nconsent of such guardian, is said to kidnap such minor or person from lawful guardianship. \r\nExplanation.__ The words “lawful guardian” in this section include any person lawfully \r\nentrusted with the care or custody of such minor or other person. \r\nException.__ This section does not extend to the act of any person who in good faith believes \r\nhimself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to \r\nthe lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. \r\n362. Abduction. Whoever by force compels, or by any deceitful means induces, any person \r\nto go from any place, is said to abduct that person. \r\n \r\n1Omitted by the Criminal Laws (Amendment) Act, 2025 (Act No. XXVII of 2025), s.2 \r\n2Subs. by Ord. No. 86 of 2002, s.2 and Sch­I. \r\n3Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955). \r\n \r\nPage 130 of 179 \r\n \r\n363. Punishments for kidnapping. Whoever kidnaps any person from 1[Pakistan] or from \r\nlawful guardianship, shall be punished with imprisonment of either description for a term which may \r\nextend to seven years, and shall also be liable to fine. \r\n364. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any \r\nperson in order that such person may be murdered or may be so disposed of as to be put in danger of \r\nbeing murdered, shall be punished with 2[imprisonment for life] or rigorous imprisonment for a term \r\nwhich may extend to ten years, and shall also be liable to fine. \r\nIllustrations \r\n(a) A kidnaps Z from 1[Pakistan], intending or knowing it to be likely that Z may \r\nbe sacrificed to an idol. A has committed the offence defined in this section. \r\n(b) A forcibly carries or entices B away from his home in order that B may be \r\nmurdered. A has committed the offence defined in this section. \r\n3[364A. Kidnapping or abducting a person under the 4[age of fourteen]. Whoever kidnaps \r\nor abducts any person under the 4[age of fourteen] in order that such person may be murdered or \r\nsubjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of as to be put \r\nin danger of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall \r\nbe punished with death or with 2[imprisonment for life] or with rigorous imprisonment for a term which \r\nmay extend to fourteen years and shall not be less than seven years.] \r\n365. Kidnapping or ab ducting with intent secretly and wrongfully to confine person. \r\nWhoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully \r\nconfined, shall be punished with imprisonment of either description for a term which may ext end to \r\nseven years, and shall also be liable to fine. \r\n4[365A. Kidnapping or abducting for extorting property, valuable security, etc.__ Whoever \r\nkidnaps or abducts any person for the purpose of extorting from the person kidnapped or abducted, or \r\nfrom any pe rson interested in the person kidnapped or abducted, any property, whether movable or \r\nimmovable, or valuable security, or to compel any person to comply with any other demand, whether \r\nin cash or otherwise, for obtaining release of the person kidnapped or abducted, shall be punished with \r\n5[death or] imprisonment for life and shall also be liable to forfeiture of property.] \r\n6[365B. Kidnapping, abducting or inducting woman to compel for marriage etc .__ Whoever \r\nkidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that \r\nshe will be compelled, to marry any person against her will, or in order that she may be forced, or \r\nseduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit \r\nintercourse, shall be punished with imprisonment for life, and shall also be liable to fine; and whoever \r\nby means of criminal intimidation as defined in this Code or of abuse of authority or any other method \r\nof compulsion, induces any woman to go from any place with intent that she may be, or \r\n \r\n1Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and \r\nthe Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) ad 4, for “British India”. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n3S. 364A ins. by the Criminal Laws Amdt. Act, 1958 (34 of 1958), s. 2. \r\n4Subs. & Ins. by Act III of 1990, s.2 & s.3. \r\n5Ins. by Act II of 1991, s.2. \r\n6Ins. by Act. VI of 06, ss. 2 & 3. \r\n \r\n \r\n \r\nPage 131 of 179 \r\n \r\nknowing that it is likely that she will be, forced or seduced to illicit intercourse with another person \r\nshall also be punishable as aforesaid.] \r\n1366. [Kidnapping, abducting or inducing woma n to compel her marriage, etc.] Rep. by the \r\nOffence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), s. 19 (w.e.f. the 10th day of \r\nFebruary, 1979). \r\n2[366A. Procuration of minor girl. Whoever, by any means whatsoever, induces any minor \r\ngirl under the age of eighteen years to go from any place or to do any act with intent that such girl may \r\nbe, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another \r\nperson shall be punishable with imprisonment which m ay extend to ten years and shall also be liable \r\nto fine.] \r\n3[366B. Importation of girl from foreign country. Whoever imports into Pakistan from any \r\ncountry outside Pakistan any girl under the age of twenty­one years with intent that she may be, or \r\nknowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, \r\nshall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.] \r\n367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. \r\nWhoever kidnaps or abducts any person in order that such person may be subjected, or may be so \r\ndisposed of as to be put in danger of being subjected to grievous hurt, or slavery, 4* * * or knowing it \r\nto be likely that such person will be so subjected or disposed of, shall be punished with imprisonment \r\nof either description for a term which may extend to ten years, and shall also be liable to fine. \r\n5[367A. Kidnapping or abducting in order to subject person to unnatural lust. Whoever \r\nkidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as \r\nto be put in danger of being subjected, to the unnatural lust of any person, or knowing it to be likely \r\nthat such person will be so subjected or disp osed of, shall be punished with death or rigorous \r\nimprisonment for a term which may extend to twenty­five years, and shall also be liable to fine.] \r\n368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. \r\nWhoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or \r\nconfines such person, shall be punished in the same manner as if he had kidnapped or abducted such \r\nperson with the same intention or knowledge, or for the same purpose as that with or for which he \r\nconceals or detains such person in confinement. \r\n369. Kidnapping or abducting child under ten years with intent to steal from its \r\npersons. Whoever kidnaps or abducts any child under the age of ten years with the intention of taking \r\ndishonestly any moveable property from the person of such child, shall be punished with imprisonment \r\nof either description for a term which may extend to seven years, and shall also be liable to fine. \r\n369A. 6* * * * * * * \r\n \r\n1\r\nThis section was amended by the Indian Penal Code (Arndt.) Act, 1923 (20 of 1923), s. 2. \r\n2\r\nSs. 366A and 366B were ins. ibid., s. 3. \r\n3\r\nSection 366B as amended by A. 0., 1949, Ord. 21 of 1960. Ord. 1 of 1961 have been subs. by the Federal Laws (Revision and Declaration) Ordinance, \r\n1981 (27 of 1981), s. 3 and II Sch., to read as above. \r\n4\r\nThe words “or to the unnatural lust of any person,” omitted by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (7 of 1979),s.19 (w.e.f. \r\n10th Fehruary,1979). \r\n5\r\nIns. by Act VI of 06, ss.2-3. \r\n6Omitted by Act XXXIV of 2018,s.16(3). \r\n \r\n \r\nPage 132 of 179 \r\n \r\n370. Buying or disposing of any person as a slave. Whoever imports, exports, removes, \r\nbuys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any \r\nperson as a slave, shall be punished with impri sonment of either description for a term which may \r\nextend to seven years, and shall also be liable to fine. \r\n371. Habitual dealing in slaves. Whoever habitually imports, exports, removes, buys, sells, \r\ntraffics or deals in slaves, shall be punished with 1[imprisonment for life], or with imprisonment of \r\neither description for a term not exceeding ten years, and shall also be liable to fine. \r\n2[371A.__ Selling person for purposes of prostitution, etc . Whoever sells, lets to hire, or \r\notherwise disposes of any per son with intent that such person shall at any time be employed or used \r\nfor the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral \r\npurpose, or knowing it to be likely that such person will at any time be employed or used for any such \r\npurpose, shall be punished with imprisonment which may extend to twenty­five years, and shall also \r\nbe liable to fine. \r\nExplanations.__ (a) When a female is sold, let for hire, or otherwise disposed of to a \r\nprostitute or to any person who keeps or manages a brothel, the person \r\nso disposing of such female shall, until the contrary is proved, be \r\npresumed to have disposed of her with the intent that she shall be used \r\nfor the purpose of prostitution. \r\n(b) For the purposes of this section and section 371B, “illicit intercourse” \r\nmeans sexual intercourse between persons not united by marriage. \r\n371B. Buying person for purposes of prostitution, etc .__ Whoever buys, hires or otherwise \r\nobtains possession of any person with intent that such person sha ll at any time be employed or used \r\nfor the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral \r\npurpose, or knowing it to be likely that such person will at any time be employed or used for any such \r\npurpose, shall be punished with imprisonment which may extend to twenty­five years, and shall also \r\nbe liable to fine. \r\nExplanation.__ Any prostitute or any person keeping or managing a brothel, who buys, hires or \r\notherwise obtains possession of a female shall, until the c ontrary is proved, be presumed to have \r\nobtained possession of such female with the intent that she shall be used for the purpose of \r\nprostitution.] \r\n3372. [Selling minor for purposes of prostitution, etc.] Rep. by the Offence of Zina \r\n(Enforcement of Hudood) Ordinance, 1979 (VIl of 1979), s. 19 (w.e.f. the 10th day of February, 1979). \r\n3373. [Buying minor for purposes of prostitution, etc.] Rep. by the Offence of Zina \r\n(Enforcement of Hudood) Ordinance, 1979 (VlI of 1979), s. 19 (w.e.f the 10th day of February, 1979). \r\n4[374. Unlawful compulsory labour.__ (1)] Whoever unlawfully compels any person to labour \r\nagainst the will of that person, shall be punished with imprisonment of either description for a term \r\nwhich may extend to one year, or with fine, or with both. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972, (12 of 1972), s.2, and Sch., for “transportation of life” \r\n2Ins. by Act. VI of 06, s. 4. \r\n3This section was amended by the Indian Penal Code (Amdt.) Act, 1924 (5 of 1924) s. 2 and the Indian Criminal Law (Amdt.) Act, 1924 (18 of 1924), \r\ns.2. \r\n4S. 374 was re­numbered as sub­section (1) of that section by the Pakistan Penal Code (Amdt.) Act, 1958 (36 of 1958), s. 2. \r\n \r\nPage 133 of 179 \r\n \r\n1[(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of \r\nPakistan shall be punished with imprisonment of either description for a term which may extend to \r\none year. \r\nExplanation.__ In this section the expressions “prisoner of war” and “protected person” shall \r\nhave the same meaning as have been assigned to them respectively by Article 4 of the Geneva \r\nConvention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the \r\nGeneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, \r\nratified by Pakistan on the second June, 1951.] \r\nOf Rape \r\n3[2[375. Rape.__ A person A is said to commit “rape” if A__ \r\n(a) penetrates his penis, to any extend, into the vagina , mouth, urethra or anus of \r\nanother person B or makes B to do so with A or any other person; or \r\n(b) inserts, to any extent, any object or a part of the body, not being the penis, into \r\nthe vagina, the urethra or anus of B or makes B to do so with A or any other \r\nperson; or \r\n(c) manipulates any part of the body of B so as to cause penetration into the vagina, \r\nurethra, anus or any part of body of B or makes B to do so with A or any other \r\nperson; or \r\n(d) applies his mouth to the vagina, anus, urethra or penis of B or makes B to do so \r\nwith A or any other person, under the circumstances falling under any of the \r\nfollowing seven descriptions,— \r\nfirstly, against B’s will; \r\nsecondly, without B’s consent; \r\nthirdly, with B’s consent, which has been obtained by putting B or any person \r\nin whom B is interested, in fear of death or of hurt; \r\nfourthly, with B’s consent, when A knows that A is not B’s husband and that \r\nB’s consent is given because B believes that A is another man to whom B is or \r\nbelieves herself to be lawfully married; \r\nfifthly, with B' s consent when at the time of giving such consent, by reason of \r\nun-soundness of mind or intoxication or the administration by A personally or \r\nthrough another of any stupefying or un -wholesome substance, B is unable to \r\nunderstand the nature and consequences of that to which B gives consent; \r\nsixthly, with or without B's consent, when B is under sixteen years of age; or \r\nseventhly, when B is unable to communicate consent. \r\n \r\n1Sub­section (2) added by the Pakistan Penal Code (Amdt.) Act, 1958 (36 of 1958), s. 2. \r\n2Subs. by Act LVI of 2021, s.2. \r\n3Ins. by Act VI of 2006, s.5. \r\n \r\nPage 134 of 179 \r\n \r\nExplanation 1.—For the purposes of this section, “vagina” shall also include labia majora. \r\nExplanation 2 .— Consent means an un -equivocal voluntary agreement when B by words, \r\ngestures or any form of verbal or non-verbal communication, communicates willingness to participate \r\nin the specific sexual act: \r\nProvided that if B who does not physically resists to the act of penetration, it shall not by the \r\nreason only of that fact, be regarded as consenting to the sexual activity. \r\nExplanation 3.— In this Chapter,— \r\n“person” means male, female or transgender, and \r\n“rape” includes “gang rape”. \r\nExplanation 4.— A bonafide medical procedure or intervention shall not constitute rape. \r\n1[375A. Gang rape.— Where a person is raped by one or more persons constituting a group \r\nor acting in furtherance of a common intention. each of those persons shall be guilty of the offence of \r\ngang rape and shall be punished with death or for imprisonment for the remainder period of natural \r\nlife or imprisonment for life and fine.] \r\n376. Punishment for rape. __ (1) Whoever commits rape shall be punished with death or \r\nimprisonment of either description for a term which shall not be less than ten years or more than \r\ntwenty­five years 1[or for imprisonment for the remainder period of his natural life] and shall also be \r\nliable to fine. \r\n3[(1A) Whoever commits an offence punishable under sub­section (1) or sub­section (2) or \r\nsection 377 or section 377B and in the course of such commission causes any hurt punishable as an \r\noffence under section 333, section 335, clauses (iv), (v) and (vi) of sub­section (3) of section 337, \r\nsection 337C, clauses (v) and (vi) of section 337F shall be punished with death or imprisonment for \r\nlife and fine.] \r\n(2) 2[* * * * * * *]] \r\n3[(3) Whoever commits rape of a minor or a person with mental or physical disability shall be \r\npunished with death or imprisonment for life and fine. \r\n(4) Whoever being a public servant including a police officer, medical officer or jailor, taking \r\nadvantage of his official position, commits rape shall be punished with death or imprisonment for life \r\nand fine.] \r\n3[376A. Disclosure of identity of victim of rape, etc.__ (1) Whoever prints or publishes name \r\nor any matter which may make known identity of victim, against whom an offence under sections \r\n354A, 376, 376A, 377 and 377B is alleged or found to have been committted, shall be punished with \r\nimprisonment of either description for a term which may extend to three years and shall also be liable \r\nto fine. \r\n \r\n1Ins. by Act LVI of 2021,ss.3 & 4. \r\n2Omitted. by Act LVI of 2021, s.4. \r\n3Ins. by Act XLIV of 2016, ss.5 and 6. \r\n \r\n \r\nPage 135 of 179 \r\n \r\n(2) Nothing is sub­section (1) extends to any printing or publication if it is__ \r\n(a) by or under order in writing of officer­in­charge of the police station or police \r\nofficer making investigation into such offence acting in good faith for the \r\npurposes of such investigation; or \r\n(b) by or under order of Court; or \r\n(c) by or with authorization in writing of the victim; or \r\n(d) by or with the authorization in writing of natural or legal guardian of the victim \r\nwhere the victim is dead or a minor or of unsound mind. \r\nExplanation.__ Printing or publication of judgment of any High Court, the Federal Shariat Court \r\nor the Supreme Court in law journals does not amount to an offence within the meaning of this section.] \r\nOf Unnatural Offences \r\n377. Unnatural offences.__ Whoever voluntarily has carnal intercourse against the order of \r\nnature with any man, woman or animal, shall be punished with 1[imprisonment for life,] or with \r\nimprisonment of either description for a term which 2[shall not be less than two years nor more than] \r\nten years, and shall also be liable to fine. \r\nExplanation.__ Penetration is sufficient to constitute the carnal intercourse necessary to the \r\noffence described in this section. \r\n3[377A. Sexual abuse. __ Whoever employs, uses, forces, persuades , induces, entices, or \r\ncoerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, \r\nexhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct \r\neither independently or in conjunction with other acts, with or without consent where age of person is \r\nless than eighteen years, is said to commit the offence of sexual abuse. \r\n377B. Punishment.__ Whoever commits the offence of sexual abuse shall be punished with \r\nimprisonment of either description for a term which 4[shall not be less than fourteen years and may \r\nextend up to twenty years and with fine which shall not be less than one million rupees.] \r\nCHAPTER XVII \r\nOF OFFENCES AGAINST PROPERTY \r\nOf Theft \r\n378. Theft. Whoever, intending to take dishonestly any moveable property out of the \r\npossession of any person without that person's consent, moves that property in order to such taking, is \r\nsaid to commit theft. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2Subs. by the Criminal Laws (Amdt.) Ord.1980 (3 of 1980),s.6, for “may extend to”. \r\n3Ins. by Act X of 2016, s. 7. \r\n4Subs. by Act XXVII of 2018,s..3. \r\n \r\n \r\nPage 136 of 179 \r\n \r\nExplanation 1.__ A thing so long as it is attached to the earth, not being moveable prope rty, is \r\nnot the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed \r\nfrom the earth. \r\nExplanation 2.__ A moving effected by the same act which effects the severance may be a theft. \r\nExplanation 3. __ A person is said to cause a thing to move by removing an obstacle which \r\nprevented it from moving or by separating it from any other thing, as well as by actually moving it. \r\nExplanation 4.__ A person, who by any means causes an animal to move, is said to move that \r\nanimal, and to move everything which, in consequence of the motion so caused, is moved by that \r\nanimal. \r\nExplanation 5.__ The consent mentioned in the definition may be expressed or implied, and \r\nmay be given either by the person in possession, or by any person havin g for that purpose authority \r\neither express or implied. \r\nIllustrations \r\n(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the \r\ntree out of Z’s possession without Z's consent. Here, as soon as A has severed \r\nthe tree in order to such taking, he has committed theft. \r\n(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, \r\nif A's intention be dishonestly to take the dog out of Z’s possession without Z’s \r\nconsent, A has committed theft as soon as Z’s dog has begun to follow A. \r\n(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain \r\ndirection, in order that he may dishonestly take the treasure. As soon as the \r\nbullock begins to move, A has committed theft of the treasure. \r\n(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly \r\nruns away with the plate, without Z’s consent. A has committed theft. \r\n(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z \r\nshall return. A carries th e plate to a goldsmith and sells it. Here the plate was \r\nnot in Z’s possession. It could not therefore be taken out of Z’s possession and \r\nA has not committed theft, though he may have committed criminal breach of \r\ntrust. \r\n(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the \r\nring is in Z’s possession, and if A dishonestly removes it, A commits theft. \r\n(g) A finds a ring lying on the high­road, not in the possession of any person. A, by \r\ntaking it, commits no theft, though he may co mmit criminal misappropriation \r\nof property. \r\n(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to \r\nmisappropriate the ring immediately for fear of search and detection, A hides \r\nthe ring in a place where it is highly improbable that it will ever be found by Z, \r\nwith the intention of taking the ring from the hiding place and selling it when \r\nthe loss is forgotten. Here A, at the time of first moving the ring, commits theft. \r\n \r\nPage 137 of 179 \r\n \r\n(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, \r\nnot owing to the jeweller any debt for which the jeweller might lawfully detain \r\nthe watch as a security, enters the shop openly, takes his watch by force out of \r\nZ’s hand, and carries it away. Here A, though he may have committed criminal \r\ntrespass and assault, has not committed theft, in as much as what he did was not \r\ndone dishonestly. \r\n(j) If A owns money to Z for repairing the watch, and if Z retains the watch lawfully \r\nas a security for the debt, and A takes the watch out of Z’s possession, with the \r\nintention of depriving Z of the property as a security for his debt, he commits \r\ntheft, inasmuch as he takes it dishonestly. \r\n(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without \r\nZ's consent, not having paid what he borrowed on the watch, be commits theft, \r\nthough the watch is his own property inasmuch as he takes it dishonestly. \r\n(l) A takes an article belonging to Z out of Z’s possession with out Z’s consent, \r\nwith the intention of keeping it until he obtain s money from Z as a reward for \r\nits restoration. Here A takes dishonestly ; A has therefore committed theft. \r\n(m) A, being on friendly terms with Z, goes in to Z’s library in Z’s absence, and \r\ntakes away a book without Z’s express consent for the purpose mere ly of \r\nreading it, and with the intention of returning it. Here, it is probable than A may \r\nhave conceived that he had Z’s implied consent to use Z’s book. If this was A's \r\nimpression, A has not committed theft. \r\n(n) A asks charity from Z’s wife. She gives A m oney, food and clothes, which A \r\nknows to belong to Z her husband. Here it is probable that A may conceive that \r\nZ’s wife is authorized to give away alms. If this was A’s impression, A has not \r\ncommitted theft. \r\n(o) A is the paramour of Z’s wife. She gives A v aluable property, which A knows \r\nto belong to her husband Z, and to be such property as she has not authority \r\nfrom Z to give. If A takes the property dishonestly, he commits theft. \r\n(p) A, in good faith, believing property belonging to Z to be A’s own property, takes \r\nthat property out of B’s possession. Here, as A does not take dishonestly, he \r\ndoes not commit theft. \r\n379. Punishment for theft. Whoever commits theft shall be punished with imprisonment of \r\neither description for a term which may extend to three years, or with fine or with both. \r\n380. Theft in dwelling house. etc. Whoever commits theft in any building, tent or vessel, \r\nwhich building, tent or vessel is used as a human dwelling, or used for the custody of property shall be \r\npunished with imprisonment o f either description for a term which may extend to seven years, and \r\nshall also be liable to fine. \r\n381. Theft by clerk or servant of property in possession of master. Whoever being a clerk \r\nor servant, or being employed in the capacity of a clerk or servant , commits theft in respect of any \r\nproperty in the possession of his master or employer shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to fine. \r\n \r\nPage 138 of 179 \r\n \r\n1[381A. Theft of a car or other motor vehicles.__ Whoever commits theft of a car or any other \r\nmotor vehicle, including motor­cycle, scooter and Tractor shall be punished with imprisonment of \r\neither description for a term which may extend to seven years and with fine not exceeding the value of \r\nthe stolen car or motor vehicle.] \r\n2[Explanation.__ Theft of an electric motor of a tube well or transformer shall be within the \r\nmeaning of this section.] \r\n382. Theft after preparation made for causing death, hurt or restraint in order to the \r\ncommitting of the theft. Whoever commits theft, having made preparation for causing death, or hurt, \r\nor restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such \r\ntheft, or in order to the effecting of his escape after the committing of such theft, or in order to the \r\nretaining of property taken by such theft, shall be punished with rigorous imprisonment for a term \r\nwhich may extend to ten years, and shall also be liable to fine. \r\nIllustrations \r\n(a) A commits theft on property in Z’s possession ; and, while committing this theft, \r\nhe has a loaded pistol under his garment having provided this pistol for the \r\npurpose of hurting Z in case Z should resist. A has committed the offence \r\ndefined in this section. \r\n(b) A picks Z’s pocket, having posted several of his companions near him in order \r\nthat they may restrain Z, if Z should perceive what is passing and should resist, \r\nor should attempt to apprehend A. A has committed the offence defined in this \r\nsection. \r\n383. Extortion. Whoever intentionally puts any person in fear of any injury to that person, \r\nor to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any \r\nproperty or valuable security or anything signed or sealed which may be converted into a valuable \r\nsecurity, commits “extortion”. \r\nIllustrations \r\n(a) A threatens to publish a defamatory libel concerning Z unless Z gives him \r\nmoney. He thus induces Z to give him money. A has committed extortion. \r\n(b) A threatens Z that he will keep Z’s child in wrongful confinement unless Z will \r\nsign and deliver to A a promissory note binding Z to pay certain money to A. Z \r\nsigns and delivers the note. A has committed extortion. \r\n(c) A threatens to send club­men to plough up Z’s field unless Z will sign and \r\ndeliver to B a bond binding Z under a penalty to deliver certain produce to B, \r\nand thereby induces Z to sign and deliver the bond. A has committed extortion. \r\n(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix \r\nhis seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. \r\nHere, as the paper so signed may be converted into a valuable security, A has \r\ncommitted extortion. \r\n \r\n1Ins. by Act I of 1996, s.2. \r\n2Added by Act XVI of 1996, s.2. \r\n \r\nPage 139 of 179 \r\n \r\n384. Punishment for extortion. Whoever, commits extortion shall be punished with \r\nimprisonment of either description for a term which may extend to three years, or with fine, or with \r\nboth. \r\n385. Putting person in fear of injury in order to commit extortion. Whoever, in order to \r\nthe committing of extortion, puts any person in fear or attempts to put any person in fear, of any injury, \r\nshall be punished with imprisonment of either description for a term which may extend to two years, \r\nor with fine, or with both. \r\n386. Extortion by putting a person in fear of death or grievous hurt. Whoever, commits \r\nextortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall \r\nbe punished with imprisonment of either description for a term which may extend to ten years, and \r\nshall also be liable to fine. \r\n387. Putting person in fear of death or of grievous hurt, in order to commit extortion. \r\nWhoever, in order to the committing of extortion puts or attempts to put any person in fear of death or \r\nof grievous hurt to that person or to any other, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to fine. \r\n388. Extortion by threat of accusation of an offence punishable with death or \r\n1[imprisonment for life] etc. Whoever commits extortion by putting any person in fear of an \r\naccusation against that person or any other, of having committed or attempted to commit any offence \r\npunishable with death, or with 2[imprisonment for life], or with imprisonment for a term which may \r\nextend to ten years, or of having attempted to induce any other person to commit such offence, shall \r\nbe punished with imprisonment of either description for a term which may extend to ten years, and \r\nshall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may \r\nbe punished with 2[imprisonment for life]. \r\n389. Putting person in fear of accusation of offence, in order to commit extortion. \r\nWhoever, in order to the committing of extortion, puts or attempts to put any pers on in fear of an \r\naccusation, against that person or any other, of having committed, or attempted to commit an offence \r\npunishable with death or with 2[imprisonment for life], or with imprisonment for a term which may \r\nextend to ten years, shall be punished w ith imprisonment of either description for a term which may \r\nextend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 \r\nof this Code, may be punished with 2[imprisonment for life.] \r\nOf Robbery and Dacoity \r\n390. Robbery. In all robbery there is either theft or extortion. \r\nWhen theft is robbery. Theft is “robbery” if, in order to the committing of the theft, or in \r\ncommitting the theft, or in carrying away or attempting to carry away property obtained by the theft, \r\nthe offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or \r\nwrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. \r\nWhen extortion is robbery. Extortion is “robbery” if the offender, at the time of committing \r\nthe extortion, is in the presence of the person put in fear, and commits the extortion by putting that \r\n \r\nlSubs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation”. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n \r\nPage 140 of 179 \r\n \r\n \r\nperson in fear of instant death, of instant hurt, or of instant wrongful restraint to that person, or to some \r\nother person, and, by so putting in fear, induces the person so p ut in fear then and there to deliver up \r\nthe thing extorted. \r\nExplanation.__ The offender is said to be present if he is sufficiently near to put the other person \r\nin fear of instant death, of instant hurt, or of instant wrongful restraint. \r\nIllustrations \r\n(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, \r\nwithout Z’s consent. Here A has committed theft, and, in order to the committing \r\nof that theft, has voluntarily caused wrongful restraint to Z. A has therefore \r\ncommitted robbery. \r\n(b) A meets Z on the high­road, shows a pistol, and demands Z’s purse. Z, in \r\nconsequence, surrenders his purse. Here A has extorted the purse from Z by \r\nputting him in fear of instant hurt, and being at the time of committing the \r\nextortion in his presence. A has therefore committed robbery. \r\n(c) A meets Z and Z’s child on the high­road. A takes the child, and threatens to \r\nfling it down a precipice, unless Z deliver his purse. Z, in consequence, delivers \r\nhis purse. Here A has extorted the purse from Z, by causing Z to be in fear of \r\ninstant hurt to the child who is there present. A has therefore committed robbery \r\non Z. \r\n(d) A obtains property from Z by saying__“Your child is in the hands of my gang, \r\nand will be put to death unless you send us ten thousand rupees .” This is \r\nextortion, and punishable as such: but it is not robbery, unless Z is put in fear of \r\nthe instant death of his child. \r\n391. Dacoity. When five or more persons conjointly commit or attempt to commit a robbery, \r\nor where the whole number of persons conjointly committing or attempting to commit a robbery, and \r\npersons present and aiding such commission or attempt, amount to five or more every person so \r\ncommitting, attempting or aiding, is said to commit “dacoity”. \r\n392. Punishment for robbery. Whoever commits robbery shall be punished with rigorous \r\nimprisonment for a term which 1[shall not be less than three years nor more than] ten years, an d shall \r\nalso be liable to fine ; and, if the robbery be committed on the highway 2[* * *] the imprisonment may \r\nbe extended to fourteen years. \r\n393. Attempt to commit robbery. Whoever attempts to commit robbery shall be punished \r\nwith rigorous imprisonment fo r a term which may extend to seven years, and shall also be liable to \r\nfine. \r\n394. Voluntarily causing hurt in committing robbery. If any person, in committing or in \r\nattempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly \r\n \r\n1Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), ss.7&10, for “may extend to”. \r\n2Omitted by Act VII of 1993, s.2. \r\n \r\nPage 141 of 179 \r\n \r\nconcerned in committing or attempting to commit such robbery, shall be punished with 1[imprisonment \r\nfor life], or with rigorous imprisonment for a term which 2[shall not be less than four years nor more \r\nthan] ten years, and shall also be liable to fine. \r\n \r\n395. Punishment for dacoity. Whoever commits dacoity shall be punished with \r\n1[imprisonment for life], or with rigorous imprisonment for a term which 2[shall not be less than four \r\nyears nor more than] ten years, and shall also be liable to fine. \r\n396. Dacoity with murder. If anyone of five or more persons, who are conjointly \r\ncommitting dacoity, commits murder in so committing dacoity, every one of those person shall be \r\npunished with death, or 1[imprisonment for life], or rigorous imprisonment for a term which 2[shall not \r\nbe less than four years nor more than] ten years, and shall also be liable to fine. \r\n397. Robbery or dacoity with attempt to cause death or grievous hurt. If, at the time of \r\ncommitting robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any \r\nperson, or attempts to cause death or grievous hurt to any person, the imprisonment with wh ich such \r\noffender shall be punished shall not be less than seven years. \r\n398. Attempt to commit robbery or dacoity when armed with deadly weapon. If, at the \r\ntime of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the \r\nimprisonment with which such offender shall be punished shall not be less than seven years. \r\n399. Making preparation to commit dacoity. Whoever makes any preparation for \r\ncommitting dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten \r\nyears, and shall also be liable to fine. \r\n400. Punishment for belonging to gang of dacoits. Whoever, at any time after the passing \r\nof this Act, shall belong to a gang of persons associated for the purpose of habitually committing \r\ndacoity, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term \r\nwhich may extend to ten years, and shall also be liable to fine. \r\n \r\n401. Punishment for belonging to gang of thieves. Whoever, at any time after the passing \r\nof this Act, shal l belong to any wandering or other gang of persons associated for the purpose of \r\nhabitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished \r\nwith rigorous imprisonment for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\n402. Assembling for purpose of committing dacoity. Whoever, at any time after the \r\npassing of this Act, shall be one of five or more persons assembled for the purpose of committing \r\ndacoity, shall be punished with rigorous impri sonment for a term which may extend to seven years, \r\nand shall also be liable to fine. \r\n3[OF HIJACKING \r\n402A. Hijacking. Whoever unlawfully, by the use or show of force or by threats of any kind, \r\nseizes, or exercises control of, an aircraft is said to commit hijacking. \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), ss.7&10, for “may extend to”. \r\n3Ins. by the Pakistan Penal Code (Second Amendment) Ordinance, 1981 (30 of 1981), s. 2. \r\n \r\n \r\nPage 142 of 179 \r\n \r\n402B. Punishment for hijacking. Whoever commits, or conspires or attempts to commit, or abets \r\nthe commission of, hijacking shall be punished with death or imprisonment for life, and shall also be liable \r\nto forfeiture of property and fine. \r\n402C. Punishment for harbouring hijacker, etc. Whoever knowingly harbours any person \r\nwhom he knows or has reason to believe to be a person who is about to commit or has committed or abetted \r\nan offence of hijacking, or knowingly p ermits any such persons to meet or assemble in any place or \r\npremises in his possession or under his control, shall be punished with 1[**] imprisonment for life, and \r\nshall also be liable to fine.] \r\nOf Criminal Misappropriation of Property \r\n403. Dishonest misa ppropriation of property. Whoever dishonestly misappropriates or \r\nconverts to his own use any moveable property, shall be punished with imprisonment of either description \r\nfor a term which may extend to two years, or with fine or with both. \r\nIllustrations \r\n(a) A takes property belonging to Z out of Z’s possession in good faith, believing, at \r\nthe time when he takes it, that the property belongs to himself. A is not guilty of \r\ntheft; but if A, after discovering his mistake, dishonestly appropriates the property \r\nto his own use, he is guilty of an offence under this section. \r\n(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes \r\naway a book without Z’s express consent. Here, if A was under the impression, that \r\nhe had Z’s implied consent to take the book for the purpose of reading it, A has not \r\ncommitted theft. But if A afterwards sells the book for his own benefit, he is guilty \r\nof an offence under this section. \r\n(c) A and B, being joint owners of a horse, A takes the horse out of B’s poss ession, \r\nintending to use it. Here, as A has a right to use the horse, he does not dishonestly \r\nmisappropriate it. But, if A sells the horse and appropriates the whole proceeds to \r\nhis own use, he is guilty of an offence under this section. \r\nExplanation 1. __ A dishonest misappropriation for a time only is a misappropriation within the \r\nmeaning of this section. \r\nIllustration \r\nA finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing \r\nthat the note belongs to Z, pledges it with a ba nker as a security for a loan, intending at a future time to \r\nrestore it to Z. A has committed an offence under this section. \r\nExplanation 2.__ A person who finds property not in the possession of any other person, and \r\ntakes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or \r\nmisappropriate it dishonestly, and is not guilty of an offence ; but he is guilty of the offence above defined, \r\nif he appropriates it to his own use, when he knows or has the means of di scovering the owner, or before \r\nhe has used reasonable means to discover and give notice to the owner and has kept the property a reasonable \r\ntime to enable the owner to claim it. \r\n \r\n1 Omitted by Criminal Laws (Amendment) Act, 2025 (Act No. XXVII of 2025), s.3 \r\n \r\n \r\nPage 143 of 179 \r\n \r\nWhat are reasonable means or what is a reasonable time in such a case, is a question of fact. \r\nIt is not necessary that the finder should know who is the owner of the property, or that any \r\nparticular person is the owner of it, it is sufficient if, at the time of appropriating it, he does not believe it \r\nto be his own property, or in good faith believes that the real owner cannot be found. \r\nIllustrations \r\n(a) A finds a rupee on the high­road, not knowing to whom the rupee belongs. A picks \r\nup the rupee. Here A has not committed the offence defined in this section. \r\n(b) A finds a letter on the road, containing a bank note. From the direction and contents \r\nof the letter he learns to whom the note belongs. He appropriates the note. He is \r\nguilty of an offence under this section. \r\n(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who \r\nhas lost the cheque. But the name of the person, who has drawn the cheque, appears. \r\nA knows that this person can direct him to the person on whose favour the cheque \r\nwas drawn. A appropriates the cheque without attempting to discover the owner. \r\nHe is guilty of an offence under this section. \r\n(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of \r\nrestoring it to Z, but afterwards appropriates it to his own use. A has committed an \r\noffence under this section. \r\n(e) A finds a pu rse with money, not knowing to whom it belongs; he afterwards \r\ndiscovers that it belongs to Z, and appropriates it to his own use. A is guilty of an \r\noffence under this section. \r\n(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediat ely \r\nwithout attempting to discover the owner. A is guilty of an offence under this \r\nsection. \r\n404. Dishonest misappropriation of property possessed by deceased person at the time of \r\nhis death. Whoever dishonestly misappropriates or converts to his own use pr operty, knowing that such \r\nproperty was in the possession of a deceased person at the time of that person's decease and has not since \r\nbeen in the possession of any person legally entitled to such possession, shall be punished with \r\nimprisonment of either description for a term which may extend to three years and shall also be liable to \r\nfine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, \r\nthe imprisonment may extend to seven years. \r\nIllustration \r\nZ dies in pos session of furniture and money. His servant A, before the money comes into the \r\npossession of any person entitled to such possession, dishonestly misappropriates it. A has committed the \r\noffence defined in this section. \r\nOf Criminal Breach of Trust \r\n405. Criminal breach of trust. Whoever, being in any manner entrusted with property or with \r\nany dominion over property, dishonestly misappropriates or converts to his own use that property, or \r\ndishonestly uses or disposes of that property in violation of any directi on of law prescribing the mode in \r\nwhich such trust is to be discharged, or of any legal contract, express or implied, which he has made \r\n \r\nPage 144 of 179 \r\n \r\ntouching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach \r\nof trust”. \r\nIllustrations \r\n(a) A, being executor to the will of a deceased person, dishonestly disobeys the law \r\nwhich directs him to divide the effects according to the will, and appropriates them \r\nto his own use. A has committed criminal breach of trust. \r\n(b) A is a warehouse­keeper. Z, going on a journey, entrusts his furniture to A, under \r\na contract that it shall be returned on payment of a stipulated sum for \r\nwarehouse­room. A dishonestly sells the goods. A has committed criminal breach \r\nof trust. \r\n(c) A, residing in 1[Dacca], is agent for Z, residing at 2[Lahore]. There is an express or \r\nimplied contract between A and Z, that all sums remitted by Z to A shall be invested \r\nby A, according to Z’s direction. Z, remits a lakh of rupees to A, with directions to \r\nA to invest t he same in Company’s paper. A dishonestly disobeys the directions \r\nand employs the money in his own business. A has committed criminal breach of \r\ntrust. \r\n(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it \r\nwill be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s \r\ndirections, and buys shares in the Bank of Bengal, for Z, instead of buying \r\nCompany’s paper, here, though Z should suffer loss, and should be entitled to bring \r\na civil action against A, on account of that loss, yet A, not having acted dishonestly, \r\nhas not committed criminal breach of trust. \r\n(e) A, a revenue­officer, is entrusted with public money and is either directed by law, \r\nor bound by a contract, express or implied, with the Governmen t, to pay into a \r\ncertain treasury all the public money which he holds. A dishonestly appropriates \r\nthe money. A has committed criminal breach of trust. \r\n(f) A, a carrier, is entrused by Z with property to be carried by land or by water. A \r\ndishonestly misappropriates the property. A has committed criminal breach of trust. \r\n406. Punishment for criminal breach of trust. Whoever commits criminal breach of trust shall \r\nbe punished with imprisonment of either description for a term which may extend to 3[seven] years, or with \r\nfine, or with both. \r\n407. Criminal breach of trust by carrier, etc. Whoever, being entrusted with property as a \r\ncarrier, wharfinger or warehouse­keeper, commits criminal breach of trust in respect of such property, shall \r\nbe punished with imprisonment or either description for a term which may extend to seven years, and shall \r\nalso be liable to fine. \r\n408. Criminal breach of trust by clerk or servant. Whoever, being a clerk or servant or \r\nemployed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with \r\nany dominion over property, commits criminal breach of trust in respect of that property, shall be \r\n \r\n1Subs. by the Federal Laws Revision and Declaration Act, 1951 (26 of 1951), s. 4 and III Sch., for “Calcutta”. \r\n2Subs. ibid., for “Delhi”. \r\n3Subs. by Criminal Law (Amendment) Ordinance, 1981 (33 of 1981), s.2, for “three”. \r\n \r\n \r\nPage 145 of 179 \r\n \r\npunished with imprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine. \r\n409. Criminal breach of trust by public servant, or by banker, merchant or agent. \r\nWhoever, being in any manner entrusted with property, or with any dominion over property in his \r\ncapacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney \r\nor agent, commits criminal breach of trust in respect of that property, shall be punished with \r\n1[imprisonment for life], or with imprisonment of either description for a term which may extend to \r\nten years, and shall also be liable to fine. \r\nOf the Receiving of Stolen Property \r\n410. Stolen property. Property, the possession whereof has been transferred by theft, or by \r\nextortion, or by robbery, and property which has been criminally misappropriated or in respect of \r\nwhich 2* * * criminal breach of trust has been committed, is designated as “stolen property”, 3[whether \r\nthe transfer has been made, or the misappropriation or breach of trust has been committed, within or \r\nwithout 4[Pakistan]]. But, if such property subsequently comes into the possession of a person legally \r\nentitled to the possession thereof, it then ceases to be stolen property. \r\n411. Dishonestly receiving stolen property. Whoever dishonestly receives or retains any \r\nstolen property, knowing or having reason to believe the same to be stolen property, shall be punished \r\nwith imprisonment of either description for a term which may extend to three years, or with fine, or \r\nwith both. \r\n412. Dishonestly receiving property stolen in the commission of a decoity. Whoever \r\ndishonestly receives or retains any stolen property, the possession whereof he knows or has reason to \r\nbelieve to have been transferred by the commission of decoity, or dishonestly receives from a person, \r\nwhom he knows or has reason to believe to belong or to have belonged to a gang of dacoits , property \r\nwhich he knows or has reason to believe to have been stolen, shall be punished with 5[imprisonment \r\nfor life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be \r\nliable to fine. \r\n413. Habitually dealing in st olen property. Whoever habitually receives or deals in \r\nproperty which he knows or has reason to believe to be stolen property, shall be punished with \r\n5[imprisonment for life], or with imprisonment of either description for a term which may extend to \r\nten years, and shall also be liable to fine. \r\n414. Assisting in concealment of stolen property. Whoever voluntarily assists in \r\nconcealing or disposing of or making away with property which he knows or has reason to believe to \r\nbe stolen property, shall be punished with imprisonment of either description for a term which may \r\nextend to three years, or with fine, or with both. \r\nOf Cheating \r\n415. Cheating. Whoever, by deceiving any person, fraudulently or dishonest1y induces the \r\nperson so deceived to deliver any property to any person, or to consent that any person shall retain any \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2The word “the” before the words “offence of” was rep. by the Amending Act, 1891 (12 of 1891), and the words “offence of” were rep. by s. 9 of the \r\nIndian Penal Code Amdt. Act, 1882 (8 of 1882). \r\n3Ins. by Act 8 of 1882, s. 9. \r\n4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), for “the Provinces and the \r\nCapital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”. \r\n5Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n \r\nPage 146 of 179 \r\n \r\nproperty, or intentionally induces the person so deceived to do or omit to do anything which he would \r\nnot do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage \r\nor harm to that person 1[or any other person] in body, mind, reputation or property, is said to “cheat”. \r\nExplanation.__ A dishonest concealment of facts is a deception within the meaning of this \r\nsection. \r\nIllustrations \r\n(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and \r\nthus dishonestly induce s Z to let him have on credit goods for which he does \r\nnot mean, to pay. A cheats. \r\n(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a \r\nbelief that this article was made by a certain celebrated manufacturer, and thus \r\ndishonestly induces Z to buy and pay for the article. A cheats. \r\n(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into \r\nbelieving that the article corresponds with the sample, and thereby dishonestly \r\ninduces Z to buy and pay for the article. A cheats. \r\n(d) A, by tendering in payment for an article a bill on a house with which A keeps \r\nno money, and by which A expects that the bill will be dishonoured, \r\nintentionally deceives Z, and thereby dishonestly induces Z to deliver the article, \r\nintending not to pay for it. A cheats. \r\n(e) A, by pleading as diamonds articles, which he knows are not diamonds \r\nintentionally deceives Z, and thereby dishonestly induces Z to lend money. A \r\ncheats. \r\n(f) A, intentionally deceives Z into a belief that A means to repay any money that \r\nZ may lend to him and thereby dishonestly induces Z to lend him money, A not \r\nintending to repay it. A cheats. \r\n(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain \r\nquantity of indigo plant which he does no t intend to deliver, and thereby \r\ndishonestly induces Z to advance money upon the faith of such delivery. A \r\ncheats ; but if A, at the time of obtaining the money, intends to deliver the indigo \r\nplant, and afterwards breaks his contract and does not deliver i t, he does not \r\ncheat, but is liable only to a civil action for breach of contract. \r\n(h) A intentionally deceives Z into a belief that A has performed A’s part of a \r\ncontract made with Z, which he has not performed, and thereby dishonestly \r\ninduces Z to pay money. A cheats. \r\n(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale \r\nhe has no right to the property, sells or mortgages the same to Z, without \r\ndisclosing the fact of the previous sale and conveyance to B, and receives the \r\npurchase or mortgage money from Z. A cheats. \r\n \r\n \r\n \r\n1Ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1980 (41 of 1980), s.2. \r\n \r\nPage 147 of 179 \r\n \r\n416. Cheating by personation. A person is said to “cheat by personation” if he cheats by \r\npretending to be some other person, or by know ingly substituting one person for another, or \r\nrepresenting that he or any other person is a person other than he or such other person really is. \r\nExplanation.__ The offence is committed whether the individual personated is a real or \r\nimaginary person. \r\nIllustrations \r\n(a) A cheats by pretending to be a certain rich banker of the same name. A cheats \r\nby personation. \r\n(b) A cheats by pretending to be B, a person who is deceased. A cheats by \r\npersonation. \r\n417. Punishment for cheating. Whoever cheats shall be punished with imprisonment of \r\neither description for a term which may extend to one year, or with fine, or with both. \r\n418. Cheating with knowledge that wrongful loss may ensue to person whose interest \r\noffender is bound to protect. Whoever cheats with the knowledge that he is likely thereby to cause \r\nwrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound \r\neither by law, or by legal contract, to protect, shall be punished with imprisonment of either description \r\nfor a term which may extend to three years, or with fine, or with both. \r\n419. Punishment for cheating by personation. Whoever cheats by personation shall be \r\npunished with imprisonment of either description for a term which may extend to l[seven] years, or \r\nwith fine, or with both. \r\n420. Cheating and dishonestly inducing delivery of property. Whoever cheats and \r\nthereby dishonestly induces the person deceived to deliver any property to any person, or to make, \r\nalter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and \r\nwhich is capable of being converted into a valuable security, shall be punished with imprisonment of \r\neither description for a term which may extend to seven years, and shall also be liable to fine. \r\nOf Fraudulent Deeds and Dispositions of Property \r\n421. Dishonest or fraudulent removal or concealment of property to prevent \r\ndistribution among creditors. Whoever dishonestly or fraudulently removes, conceals or delivers to \r\nany person, or transfers or causes to be transferred to any person, without adequate consideration, any \r\nproperty, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the \r\ndistribution of that property according to law among his creditors or the creditors of any other person, \r\nshall be punished with imprisonment of either description for a term which may extend to two years, \r\nor with fine, or with both. \r\n422. Dishonestly or fraudulently preventing debt being available for creditors. Whoever \r\ndishonestly or fraudulently preven ts any debt or demand due to himself or to any other person from \r\nbeing made available according to law for payment of his debts or the debts of such other person, shall \r\nbe punished with imprisonment of either description for a term which may extend to two years, or with \r\nfine, or with both. \r\n \r\n1Subs. by the Criminal Law (Amdt.) Ord. 1981 (33 of 1981), s. 2, for “three”. \r\n \r\nPage 148 of 179 \r\n \r\n423. Dishonest or fraudulent execution of deed of transfer containing false statement \r\nof consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed \r\nor instrument which purports to transfer or subject to any charge any property, or any interest therein, \r\nand which contains any false statement relating to the consideration for such transfer or charge, or \r\nrelating to the person or persons for whose use or benefit it is really intended to operate, shall be \r\npunished with imprisonment of either description for a term which may extend to two years, or with \r\nfine, or with both. \r\n424. Dishonest or fraudulent removal or concealment of property. Whoever dishonestly \r\nor fraudulently conceals or removes any property of himself or any other person, or dishonestly or \r\nfraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim \r\nto which he is entitled, shall be punished with imprisonment of either description for a term which may \r\nextend to two years, or with fine, or with both. \r\nOf Mischief \r\n425. Mischief. Whoever, with intent to cause, or, knowing that he is likely to cause, \r\nwrongful loss or damage to the public or to any person, causes the destruction of any property, or any \r\nsuch change in any property or in the situation thereof as destroys or diminishes its value or utility, or \r\naffects it injuriously, commits “mischief”. \r\nExplanation 1.__ It is not essential to the offence of mischief that the offender should intend to \r\ncause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to \r\ncause, or knows that he is likely to cause, wrongful loss or damag e to any person by injuring any \r\nproperty, whether it belongs to that person or not. \r\nExplanation 2 .__ Mischief may be committed by an act affecting property belonging to the \r\nperson who commits the act, or to that person and others jointly. \r\nIllustrations \r\n(a) A voluntarily burns a valuable security belonging to Z intending to cause \r\nwrongful loss to Z. A has committed mischief. \r\n(b) A introduces water into an ice­house belonging to Z and thus causes the ice to \r\nmelt, intending wrongful loss to Z. A has committed mischief. \r\n(c) A voluntarily throws into a river a ring belonging to Z, with the intention of \r\nthereby causing wrongful loss to Z. A has committed mischief. \r\n(d) A, knowing that his effects are about to be taken in execution in order to satisfy \r\na debt due from him to Z, destroys those effects, with the intention of thereby \r\npreventing Z from obtaining satisfaction of the debt, and of thus causing damage \r\nto Z. A has committed mischief. \r\n(e) A having insured a ship, voluntarily causes the same to be cast away, wi th the \r\nintention of causing damage to the underwriters. A has committed mischief. \r\n(f) A, causes a ship to be cast away, intending thereby to cause damage to Z who \r\nhas lent money on bottomry on the ship. A has committed mischief. \r\n \r\n \r\nPage 149 of 179 \r\n \r\n(g) A, having joint property with Z in a horse, shoots the horse, intending thereby \r\nto cause wrongful loss to Z. A has committed mischief. \r\n(h) A causes cattle to enter upon a field belonging to Z, intending to cause and \r\nknowing that he is likely to cause damage to Z’s crop. A has c ommitted \r\nmischief. \r\n426. Punishment for mischief. Whoever commits mischief shall be punished with \r\nimprisonment of either description for a term which may extend to three months, or with fine, or with \r\nboth. \r\n427. Mischief causing damage to the amount of fifty rupees. Whoever commits mischief \r\nand thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with fine, or with \r\nboth. \r\n428. Mischief by killing or maiming animal of the value of ten rupees. Whoever commits \r\nmischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten \r\nrupees or upwards, shall be punished with imprisonment of either description for a t erm which may \r\nextend to two years, or with fine, or with both. \r\n429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value \r\nof fifty rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any \r\nelephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other \r\nanimal of the value of fifty rupees or upwards, shall be punished with imprisonment of either \r\ndescription for a term which may extend to five years, or with fine, or with both. \r\n430. Mischief by injury to works of irrigation or by wrongfully diverting water. \r\nWhoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a \r\ndiminution of the supply of water for agricultural purp oses, or for food or drink for human beings or \r\nfor animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished \r\nwith imprisonment of either description for a term which may extend to five years, or with fine, or \r\nwith both. \r\n431. Mischief by injury to public road, bridge, river, or channel. Whoever commits \r\nmischief by doing any act which renders or which he knows to be likely to render any public road, \r\nbridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling \r\nor conveying property, shall be punished with imprisonment of either description for a term which \r\nmay extend to five years, or with fine, or with both. \r\n432. Mischief by causing inundation or obstruction to public dra inage attended with \r\ndamage. Whoever commits mischief by doing any act which causes or which he knows to be likely to \r\ncause an inundation or an obstruction to any public drainage attended with injury or damage, shall be \r\npunished with imprisonment of either description for a term which may extend to five years, or with \r\nfine, or with both. \r\n433. Mischief by destroying, moving or rendering less useful a light­house or sea­mark. \r\nWhoever commits mischief by destroying or moving any light­house or other light used as a sea­mark, \r\nor any sea­mark or buoy or other thing placed as a guide for navigators, or by any act which renders \r\nany such light­house, sea­mark, buoy or other such thing as aforesaid less useful as a guide for \r\nnavigators, shall be punished with imprisonment of either description for a term which may extend to \r\nseven years, or with fine, or with both. \r\n \r\nPage 150 of 179 \r\n \r\n434. Mischief by destroying or moving etc., a landmark fixed by public authority. \r\nWhoever commits mischief by destroying or moving any land­mark fixed by the authority of a public \r\nservant, or by any act which renders such land­mark less useful as such, shall be punished with \r\nimprisonment of either description for a term which may extend to one year, or with fine, or with both. \r\n435. Mischief by fire or explosive substance with intent to cause damage to amount of \r\none hundred or (in case of agricultural produce) ten rupees. Whoever commits mischief by fire or \r\nany explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, \r\ndamage to any property to the amount of one hundred rupees or upwards 1[or (where the property is \r\nagricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description \r\nfor a term which 2[shall not be less than two years nor more than] seven years and shall also be liable \r\nto fine. \r\n436. Mischief by fire or explosive substance with intent to destroy house, etc. Whoever \r\ncommits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that \r\nhe will thereby cause, the destruction of any building which is ordinarily used as a place of worship or \r\nas a human dwelling or as a place for the custody of property, shall be punished with 3[imprisonment \r\nfor life], or with imprisonment of either description for a term which 4[shal1 not be less than three \r\nyears nor more than] ten years, and shall also be liable to fine. \r\n437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty \r\ntons burden. Whoever commits mischief to any decked vessel or a ny vessel of a burden of twenty \r\ntons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby \r\ndestroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a \r\nterm which may extend to ten years, and shall also be liable to fine. \r\n438. Punishment for the mischief described in section 437 committed by fire or \r\nexplosive substance. Whoever commits, or attempts to commit, by fire or any explosive substance, \r\nsuch mischief as is described in the last preceding section, shall be punished with 3[imprisonment for \r\nlife], or with imprisonment of either description for a term which may extend to ten years, and shall \r\nalso be liable to fine. \r\n439. Punishment for intentionally running vessel agrou nd or ashor with intent to \r\ncommit theft, etc. Whoever intentionally runs any vessel aground or ashore, intending to commit theft \r\nof any property contained therein or to dishonestly misappropriate any such property, or with intent \r\nthat such theft or misappr opriation of property may be committed, shall be punished with \r\nimprisonment of either description for a term which may extend to ten years, and shall also be liable \r\nto fine. \r\n440. Mischief committed after preparation made causing death or hurt. Whoever \r\ncommits mischief, having made preparation for causing to any person death, or hurt, or wrongful \r\nrestraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of \r\neither description for a term which may extend to five years, and shall also be liable to fine. \r\n \r\n \r\n1Ins. by the Penal Code (Amdt.) Act, 1882 (8 of 1882), s.10. \r\n2Subs. by the Criminal Laws (Amdt.) Ord. 1980 (3 of 1980), ss. 11 and 12, for “may extend to”. \r\n3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n4Subs. by Ord. 3 of 1980, s. 12, for \"may extend to\". \r\n \r\nPage 151 of 179 \r\n \r\nOf Criminal Trespass \r\n441. Criminal trespass. Whoever enters into or upon property in the possession of another \r\nwith intent to commit an offence or to intimida te, insult or annoy any person in possession of such \r\nproperty, \r\nor, having lawfully entered into or upon such property, unlawfully remains therewith intent \r\nthereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to \r\ncommit “criminal trespass”. \r\n442. House­trespass. Whoever commits criminal trespass by entering into or remaining in \r\nany building, tent or vessel used as a human dwelling or any building used as a place for worship, or \r\nas a place for the custody of property, is said to commit “house­trespass”. \r\nExplanation.__ The introduction of any part of the criminal trespasser’s body is entering \r\nsufficient to constitute house­trespass. \r\n443. Lurking house­trespass. Whoever commits house­trespass having taken precautions \r\nto conceal such house­trespass from some person who has a right to exclude or eject the trespasser \r\nfrom the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house­ \r\ntrespass”. \r\n444. Lurking house­trespass by night. Whoever commits lurking house­trespass after \r\nsunset and before sunrise, is said to commit “lurking house­trespass by night”. \r\n445. House­breaking. A person is said to commit “house­breaking” who commits \r\nhouse­trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter \r\ndescribed; or if, being in the house or any part of it for the purpose of committing an offence, or, having \r\ncommitted an offence therein, he quits the house or any part of it in any of such six ways, that is to \r\nsay:__ \r\nFirstly.__ If he enters or quits t hrough a passage made by himself, or by any abettor of the \r\nhouse­trespass, in order to the committing of the house­trespass. \r\nSecondly.__ If he enters or quits through any passage not intended by any person, other than \r\nhimself or an abettor of the offence, for human entrance ; or through any passage to which he has \r\nobtained access by scaling or climbing over any wall or building. \r\nThirdly.__ If he enters or quits through any passage which he or any abettor of the \r\nhouse­trespass has opened, in order to the com mitting of the house­trespass by any means by which \r\nthat passage was not intended by the occupier of the house to be opened. \r\nFourthly.__ If he enters or quits by opening any lock in order to the committing of the house­ \r\ntrespass, or in order to the quitting of the house after a house­trespass. \r\nFifthly.__ If he effects his entrance or departure by using criminal force or committing an \r\nassault, or by threatening any person with assault. \r\nSixthly.__ If he enters or quits by any passage which he knows to have be en fastened against \r\nsuch entrance or departure, and to have been unfastened by himself or by an abettor of the house -\r\ntrespass. \r\n \r\nPage 152 of 179 \r\n \r\nExplanation.__ Any out­house or building occupied with a house, and between which and such \r\nhouse there is an immediate internal c ommunication, is part of the house within the meaning of this \r\nsection. \r\nIllustrations \r\n(a) A commits house­trespass by making a hole through the wall of Z’s house, and \r\nputting his hand through the apperture. This is house­breaking. \r\n(b) A commits house­trespass by creeping into a ship at a port­hole between decks. \r\nThis is house­breaking. \r\n(c) A commits house­trespass by entering Z’s house, through a window. This is \r\nhouse­ breaking. \r\n(d) A commits house­trespass by entering Z’s house through the door, having \r\nopened a door which was fastened. This is house­breaking. \r\n(e) A commits house­trespass by entering Z’s house through the door having lifted \r\na latch by putting a wire through a hole in the door. This is house­breaking. \r\n(f) A finds the key of Z’s house door, which Z had lost, and commits house­trespass \r\nby entering Z’s house, having opened the door with that key. This is \r\nhouse­breaking. \r\n(g) Z is standing in his doorway. A forces a passage by knocking Z down, and \r\ncommits house­ trespass by entering the house. This is house­breaking. \r\n(h) Z, the door­keeper of Y, is standing in Y’s doorway. A commits house­trespass \r\nby entering the house, having deterred Z from opposing him by threatening to \r\nbeat him. This is house­ breaking. \r\n446. House­breaking by night. Whoever commits house­breaking after sunset and before \r\nsunrise, is said to commit “house­breaking by night”. \r\n447. Punishment for criminal trespass. Whoever commits criminal trespass shall be \r\npunished with imprisonment of either description for a term which may extend t o three months, or \r\nwith fine which may extend to 1[one thousand five hundred rupees], or with both. \r\n448. Punishment for house­trespass. Whoever commits house­trespass shall be punished \r\nwith imprisonment of either description for a term which may extend to one year, or with fine which \r\nmay extend to 1[three thousand rupees], or with both. \r\n449. House-trespass in order to commit offence punishable with death. Whoever \r\ncommits house­trespass in order to the committing of any offence punishable with death, shall b e \r\npunished with 2[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten \r\nyears, and shall also be liable to fine. \r\n \r\n1Subs. by Ord. 86 of 2002 , s. 2 and Sch., I, for “five hundred rupees and one thousand rupees”. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n \r\n \r\nPage 153 of 179 \r\n \r\n450. House­trespass in order to commit offence punishable with imprisonment for life. \r\nWhoever commits house­trespass in order to the committing of any offence punishabl e with \r\n1[imprisonment for life], shall be punished with imprisonment of either description for a term not \r\nexceeding ten years, and shall also be liable to fine. \r\n451. House­trespass in order to commit offence punishable with imprisonment. \r\nWhoever commits ho use­trespass in order to the committing of any offence punishable with \r\nimprisonment, shall be punished with imprisonment of either description for a term which may extend \r\nto two years, and shall also be liable to fine; and if the offence intended to be com mitted is theft, the \r\nterm of the imprisonment may be extended to seven years. \r\n452. House­trespass after preparation for hurt, assault or wrongful restraint. Whoever \r\ncommits house­trespass, having made preparation for causing hurt to any person or for assaulting any \r\nperson, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, \r\nor of wrongful restraint, shall be punished with imprisonment of either description for a term which \r\nmay extend to seven years, and shall also be liable to fine. \r\n453. Punishment for lurking house­trespass or house -breaking. Whoever commits \r\nlurking house­trespass or house­breaking, shall be punished with imprisonment of either description \r\nfor a term which may extend to two years, and shall also be liable to fine. \r\n454. Lurking house­trespass or house-breaking in order to commit offence punishable \r\nwith imprisonment. Whoever commits lurking house­trespass or house­breaking, in order to the \r\ncommitting of any offence punishable with imprisonment, s hall be punished with imprisonment of \r\neither description for a term which may extend to three years, and shall also be liable to fine ; and if \r\nthe offence intended to be committed is theft, the term of the imprisonment may be extended to ten \r\nyears. \r\n455. Lurking house­trespass or house­breaking after preparation for hurt, assault or \r\nwrongful restraint. Whoever commits lurking house­trespass, or house­breaking, having made \r\npreparation for causing hurt to any person, or for assaulting any person, or for wrongf ully restraining \r\nany person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be \r\npunished with imprisonment of either description for a term which may extend to ten years, and shall \r\nalso be liable to fine. \r\n456. Punishment for lurking house­trespass or house -breaking by night. Whoever \r\ncommits lurking house­trespass by night, or house­breaking by night, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, and shall also be liable \r\nto fine. \r\n457. Lurking house -trespass or house­breaking by night in order to commit offence \r\npunishable with imprisonment. Whoever commits lurking house­trespass by night, or house­ \r\nbreaking by night, in order to the committing of any offence punisha ble with imprisonment, shall be \r\npunished with imprisonment of either description for a term which may extend to five years, and shall \r\nalso be liable to fine ; and, if the offence intended to be committed is theft, the term of the imprisonment \r\nmay be extended to fourteen years. \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n \r\n \r\nPage 154 of 179 \r\n \r\n458. Lurking house­trespass or house -breaking by night after preparation for hurt, \r\nassault or wrongful restraint. Whoever commits lurking house­trespass by night or house­breaking \r\nby night, having made preparation for causing hurt to any person or for assaulting any person, or for \r\nwrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful \r\nrestraint, shall be punished with imprisonment of either description for a term which may extend to \r\nfourteen years, and shall also be liable to fine. \r\n1[459. Hurt caused whilst committing lurking house­trespass or house­breaking. __ \r\nWhoever, whilst committing lurking house­trespass or house­breaking, causes hurt to any person or \r\nattempts to commit qatl of, or hurt to, any person, shall be punished with imprisonment for life, or \r\nimprisonment of either description for a term which may extend to ten years, and shall also be liable \r\nto the same punishment for committing qatl or causing hurt or attempting to cause Qatl or hurt as is \r\nspecified in Chapter XVI of this Code.] \r\n1[460. Persons jointly concerned in lurking house­trespass or house­breaking by night \r\npunishable for qatl or hurt caused by one of them. __ If, at the time of the committing of lurking \r\nhouse­trespass by night or house­breaking by night any person guilty of such offence shall voluntarily \r\ncause or attempt to commit qatl of, or hurt to, any person, every person jointly concerned in committing \r\nsuch lurking house­trespass by night, or house­breaking by night, shall be punished with imprisonment \r\nfor life or, with imprisonment of either description for a term which may extend to ten years and shall \r\nalso be liable to the same punishment for committing qatl or causing hurt to attempting to cause qatl \r\nor hurt as is specified in Chapter XVI of this Code.] \r\n461. Dishonestly breaking open receptacle containing property. __ Whoever dishonestly \r\nor with intent to commit mischief breaks open or unfastens any closed receptacle which contains or \r\nwhich he believes to contain property, shall be punished with imprisonment of either description for a \r\nterm which may extend to two years, or with fine, or with both. \r\n462. Punishment for same offence when committed by person entrusted with custody.__ \r\nWhoever, being entrusted with any closed receptacle which contains or which he believes to contain \r\nproperty, without having authority to open the same, dishonestly, or with intent to commit mischief, \r\nbreaks open or unfastens that receptacle, shall be punished with imprisonment of either description for \r\na term which may extend to three years, or with fine, or with both. \r\n2[CHAPTER XVII A \r\nOF OFFENCES RELATING TO OIL AND GAS ETC \r\n462A. D efinition.— In this chapter, unless there is anything repugnant in the subject or \r\ncontext: \r\n(a) \"distribution\" means the activity of transporting petroleum through pipelines \r\nand associated facilities. In case of natural gas, distribution means the activity \r\nof transporting natural gas through pipelines and associated facility at a pressure \r\nwhich would not ordinarily be expected to exceed three hundred per square inch \r\ngauge (psig) or such pressure as the relevant Regulatory Authority may \r\nprescribe from time to time; \r\n \r\n1Subs. by Act II of 1997, ss. 8 & 9. \r\n2Ins. by Act XX of 2011, s. 2. \r\n \r\n \r\nPage 155 of 179 \r\n \r\n(b) \"facility\" includes Liquefied Petroleum Gas (LPG) processing facility or \r\ncompression facility, natural gas or LPG testing facility, natural gas storage \r\nfacility, Liquefied Na tural Gas (LNG) processing facility or crude oil and \r\nrefined oil products storage facility, repeater station or compression station \r\nother than compression system installed at Compressed Natural Gas (CNG) \r\nStation; \r\n(c) \"gas meter\" means an instrument which measures gas delivered to consumer for \r\nconsumption; \r\n(d) \"gas regulator\" means a regulator to control the pressure of gas; \r\n(e) \"installation\" means all facilities used in loading, unloading, reloading, \r\ntransmission and distribution of petroleum, including eq uipment, terminals, \r\nstorage tanks, pipelines and port facilities; \r\n(f) \"meter index\" means a \"counter in\" in a gas meter for recording the volume of \r\ngas passed through the gas meter at line condition; \r\n(g) \"person\" includes any individual or any company, fir m or corporation whether \r\nincorporated or not, or a public servant or an employee of any oil and gas \r\ncompany; \r\n(h) \"petroleum\" means oil, crude oil, refined oil products, natural gas, LPG, Air \r\nMix LPG, LNG and CNG; \r\n(i) \"pipeline\" means any pipe or any system or arrangement of pipes wholly within \r\nPakistan including offshore area which transports petroleum and includes all \r\nequipment of any kind used for the purpose of, or in connection with, or \r\nincidental to, the operation of a pipeline in transporting or handl ing of \r\npetroleum; \r\n(j) \"tampering\" includes interfering or creating hindrance in flow or metering of \r\npetroleum by unauthorized entry into metering system or transmission and \r\ndistribution lines either by breaking the seals or damaging or destructing the \r\nsame or in any manner interfering with the meter or interfering with its original \r\ncondition; \r\n(k) \"transmission\" means the activity of transporting natural gas through pipelines \r\nand other facilities at a pressure of not less than three hundred psig or such \r\npressure as the relevant regulatory Authority may prescribe from time to time; \r\nand \r\n(l) \"transportation\" means an activity of transporting oil through pipelines and \r\nassociated facilities where the pipelines are an integral part of a refinery, facility \r\nor gathering pipelines. \r\n462B. Tampering with petroleum pipelines, etc. __ (1) Any person who willfully does \r\ntampering or attempts to do tampering or abets in tampering with a facility, installation or main \r\npipeline for transmission or transportation, as the case may be, of petroleum, is said to commit \r\ntampering with petroleum pipelines. \r\n \r\nPage 156 of 179 \r\n \r\n(2) Any person who commits or abets in tampering with petroleum pipelines for the \r\npurpose of,__ \r\n(a) theft of petroleum; or \r\n(b) disrupting supply of petroleum, \r\nshall be punished with rigorous imprisonment which may extend to fourteen years but shall not \r\nbe less than seven years and with fine which may extend to ten million rupees. \r\n462C. Tampering with auxiliary or distribution pipelines of petroleum.— (1) Any person \r\nwho wilfully does tampering or attempts to do tampering or abets in tampering with any auxiliary or \r\ndistribution pipeline of petroleum not being a main transmission and transportation pipeline but \r\nincludes a distribution system, distribution pipeline or any other related system and equipment, as the \r\ncase may be, of petroleum is said to commit tampering with auxiliary or distribution pipelines of \r\npetroleum. \r\n(2) Any person who commits or abets in tampering with auxiliary or distribution pipeline \r\nor petroleum for the purpose of,__ \r\n(a) theft of petroleum; or \r\n(b) disrupting supply of petroleum, \r\nshall be punished with rigorous imprisonment which may extend to ten years but shall not be \r\nless than five years and with fine which may extend to three million rupees. \r\n462D. Tampering with gas meter by domestic consumer, etc.__ Any person or individual \r\nbeing the domestic consumer who does tampering or abets in tampering with any gas meter regulator, \r\nmeter index or gas connection or any other related system and equipments, whether to commit theft of \r\ngas or for the purpose of unauthorized distribution or supply of gas shall be punished with \r\nimprisonment for a term which may extend to six months or fine which may extend to one hundred \r\nthousand rupees or both. \r\n462E. Tampering with gas meter by Industrial or commercial consumer, etc.__ Any person \r\nor individual being industrial or commercial consumer who does tampering or abets in tampering with \r\nany gas meter, regulator, meter index or gas connection or any other related system and equipments, \r\nwhether to commit theft of gas or for the purpose of unauthorized distribution or supply of gas shall \r\nbe punished with imprisonment which may extend to ten years but shall not be less than five years or \r\nfine which may extend to five million rupees or both. \r\n462F. Damaging or destructing the transmission or transportation lines, etc.__ Any person \r\nwho damages or destructs any transmission or transportation lines by an act of subversion by explosive \r\nmaterial or in any other manner so as to disrupt the supply of petroleum shall be punished with rigorous \r\nimprisonment which may extend to fourteen years but shall not be less than seven years and with fine \r\nwhich shall not be less than one million rupees]. \r\n \r\n \r\nPage 157 of 179 \r\n \r\n1[CHAPTER XVII B \r\nOF OFFENCES RELATING TO ELECTRICITY \r\n462G. Definitions.__ In this Chapter, unless there is anything repugnant in the subject or \r\ncontext,__ \r\n(a) \"Court\" means the court of sessions designated as Electricity Utilities Court \r\nempowered to take cognizance of an offence under this Chapter; \r\n(b) \"consumer\" means a person or his successor in interest who purchases or \r\nreceives electric power for consumption and not for delivery or resale to other, \r\nincluding a person who owns or occupi es a premises where electric power is \r\nsupplied; \r\n(c) \"distribution\" means the ownership, operation, management or control of \r\ndistribution facilities for the movement or delivery or sale to consumers of \r\nelectric power but shall not include the ownership, operation, management and \r\ncontrol of distribution facilities located on private property and used solely to \r\nmove or deliver electric power to the person owning, operating, managing and \r\ncontrolling those facilities or to tenants thereof; \r\n(d) \"distribution facilities\" means electrical facilities operating at the distribution \r\nvoltage and used for the movement or delivery of electric power; \r\n(e) \"electric meter\" means an instrument which measures electricity delivered to \r\nthe consumer for consumption including kilow att meter, kilowatt hour meter; \r\nkilowatt ampere hour meter, kilowatt ampere reactive hour meter, current \r\ntransformers, potential transformers, maximum demand indicator or any other \r\nmeasuring apparatus; \r\n(f) \"electric supply­line\" means a wire, conductor or other means used for \r\nconveying, transmitting, or distributing energy together with any casing, \r\ncoating, covering, tube, pipe or insulator, enclosing, surrounding or supporting \r\nthe same or any part thereof, or any apparatus connected therewith for the \r\npurpose of so conveying, transmitting or distributing such energy; \r\n(g) \"electric power\" means electrical energy or the capacity for the production of \r\nelectrical power; \r\n(h) \"electric power services\" means the generation, transmission or distribution of \r\nelectric power and all other services incidental thereto; \r\n(i) \"energy\" means electrical energy when generated, transmitted, distributed, \r\nsupplied or used for any purpose; \r\n(j) \"Government\" means the Federal Government; \r\n \r\n1Ins. by Act No. VI of 2016, s.2. \r\n \r\n \r\nPage 158 of 179 \r\n \r\n(k) \"licence\" means a licence issued for generation, transmission or distribution \r\nunder the Regulation of Generation, Transmission and Distribution of Electric \r\nPower Act, 1997 (XL of 1997); \r\n(l) \"licence\" means a holder of a licence; \r\n(m) \"person\" includes any individual or any company, firm or cooperation whether \r\nincorporated or not, or public servant or an employee of any, company, licensee \r\nor electric power utility; \r\n(n) \"service line\" means any electric supply­line through which energy is, or is \r\nintended to be, supplied by a licensee,— \r\n(i) to a single consumer either from a distributing main or immediately from \r\nthe licensee's premises; or \r\n(ii) from a distributing main to a group of consumers on the same premises \r\nof on adjoining premises supplied from the same point of the distributing \r\nmain; \r\n(o) \"tampering\" or \"tamper\" includes interfering or creating hindrance in flow or \r\nmetering of electric power by unauthorized entry of access into metering system \r\nor transmission and distribution lines either by breaking the seals o r damaging \r\nor destructing the same or in any manner interfering with the electric meter or \r\ntransmission line or distribution line or interfering with its original condition; \r\n(p) \"tariff\" means the rates, charges terms and condition for generation of electr ic \r\npower, transmission, inter­connection, distribution services and sales of electric \r\npower to consumers by a licensee; \r\n(q) \"transmission\" means the ownership, operation, management or control of \r\ntransmission facilities; \r\n(r) \"transmission facilities\" means electrical transmission facilities including \r\nelectrical circuits, transformers and sub­stations operating at or above the \r\nminimum transmission voltage; and \r\n(s) \"works\" includes electric supply­lines and any buildings, machinery or \r\napparatus required to supply energy. \r\n462H. Abstraction or tampering etc. with transmission.— (1) Any person who,— \r\n(a) dishonestly taps, makes or causes to be made any connection with overhead, \r\nunderground or under water lines or cables, or services lines, electric supply­line \r\nor transmission facilities of a licensee for transmission of electric power \r\nservices, or any other related system and equipment, as the case may be, so as \r\nto abstract, use or consume electricity without passing through the electric meter \r\nis said to cause abstraction; or \r\n(b) willfully tampers or attempts to tamper with service line, electric supply­line or \r\ntransmission facilities for transmission of electric power, is said to cause \r\ntampering. \r\n \r\nPage 159 of 179 \r\n \r\n(2) Any person who causes or abets in causing abstraction or commits or abet in committing \r\ntampering with transmission of electric power for the purpose of,— \r\n(a) theft of electric power; or \r\n(b) disrupting supply of electric power; or \r\n(c) illegal transmission of electric power services, \r\nshall be punishable with rigorous impr isonment which may extend to three years or with fine \r\nwhich may extend to ten million rupees or with both. \r\n462 I. Abstraction or tampering etc., with distribution or auxiliary. __ (1) Any person \r\nwho,__ \r\n(a) dishonestly taps, makes or causes to be made any co nnection with overhead, \r\nunderground or under water lines or cables, or service lines, electric supply­line \r\nor distribution facilities of a licensee for distribution of electric power services \r\nso as to abstract, use or consumer electricity without passing through the electric \r\nmeter is said to cause abstraction; or \r\n(b) willfully tampers or attempts to tamper with service line, electric supply­line or \r\ndistribution facilities for distribution of electric power services, or any other \r\nrelated system and equipment , as the case may be, for distribution of electric \r\npower services is said to cause tampering with auxiliary or distribution of \r\nelectric power. \r\n(2) Any person who causes or abets in causing abstraction or commits or abets in \r\ncommitting tampering with distribution of electric power for the purpose of,— \r\n(a) theft of electric power; or \r\n(b) disrupting supply of electric power; or \r\n(c) illegal distribution of electric power services, \r\nshall be punishable with rigorous imprisonment which may extend to three years or with fine \r\nwhich may extend to three million rupees or with both. \r\n462J. Interference, improper use or tampering with electric meter by domestic consumer, \r\netc.__ Any person being the domestic consumer who,__ \r\n(a) unauthorizedly connects any electric meter with any electric line through which \r\nelectricity is supplied by a licensee or disconnects the same from any such \r\nelectric line without the consent of the licensee; or \r\n(b) unauthorizedly reconnects any electric meter with any electric line or other \r\nworks being the property of a licensee when the said electric line or other works \r\nhas or have been cut or disconnected without the consent of the licensee; or \r\n \r\n \r\nPage 160 of 179 \r\n \r\n(c) tampers with an electric meter, install or uses a tampered electric meter, current \r\nreversing transformer, loop connection or any other device or method, \r\ncontrivance or artificial means which interferes with accurate or proper \r\nregistration, calibration or metering of electric current or otherwise results in a \r\nmanner whereby electricity is stolen or wasted; or \r\n(d) uses the energy supplied by a licensee under one method of tariff in a manner \r\nfor which higher tariff is in force; or \r\n(e) uses energy supplied by a licensee in a manner prejudicial to the safety or \r\nefficient working of the electric supply­line or deals with it in a manner so as to \r\ninterfere with efficient supply of energy to other consumers, or persons; or \r\n(f) abets in the commission or any of the acts mentioned in clauses (a) to (e), \r\nin order to commit theft of electric power, or dishonestly abstract, consume or use electric \r\npower or unauthorized distribution or supply of e lectric power shall be punishable with \r\nimprisonment for a term which may be extend to two years or with fine which may extend to \r\none million rupees or with both. \r\n462K. Interference, improper use of tampering with electric meter by industrial or \r\ncommercial, etc.— Any person being industrial or commercial who,__ \r\n(a) unauthorizedly connects any electric meter with any electric line through which \r\nelectricity its supplied by a licensee or disconnects the same from any such \r\nelectric line without the consent of the licensee; or \r\n(b) unauthorizedly reconnects any electric meter with any electric line or other \r\nworks being the property of a licensee when the said electric line or other works \r\nhas or have been cut or disconnected without the consent of the licensee; or \r\n(c) tampers with an electric meter, installs or uses a tampered meter, current \r\nreversing transformer, loop connection or any other device or method, \r\ncontrivance or artificial means which interferes with accurate or proper \r\nregistration, calibration or metering of electric current or otherwise results in a \r\nmanner whereby electricity is stolen or wasted; or \r\n(d) uses the energy supplied by a licensee under one method of tariff in a manner \r\nfor which higher tariff is in force; or \r\n(e) lays, or causes to be laid, or connects up any works for the purpose of \r\ncommunicating with any other works belonging to a licensee without consent; \r\nor \r\n(f) uses energy supplied by a licensee in a manner prejudicial to the safety or \r\nefficient working of the electric supply­line or deals with it in a manner so as to \r\ninterfere with efficient supply of energy to other consumers, persons; or \r\n(g) abets in the commission of any of the acts mentioned in clauses (a) to (f), \r\nin order to commit theft of electric power, or dishonestly abstract, cons ume or use electric \r\npower or unauthorized distribution or supply of electric power shall be punished with \r\n \r\nPage 161 of 179 \r\n \r\nimprisonment which may extend to three years or with fine which may extend to six million \r\nrupees or with both. \r\n462L. Interference, improper use or tem pering with electric meter by agricultural \r\nconsumer, etc.__ Any person being agricultural consumer who,__ \r\n(a) unauthorizedly connects any electric meter with any electric line through which \r\nelectricity is supplied by a licensee disconnects the same from any such electric \r\nline without the consent of the licensee; or \r\n(b) unauthorizedly reconnects any electric meter with any electric line or other \r\nworks being the property of a licensee when the said electric line or other works \r\nhas or have been cut or disconnected without the consent of the licensee; or \r\n(c) tampers with an electric meter, install or uses a tampered meter, current \r\nreversing transformer, loop connection or any other device or method, \r\ncontrivance or artificial means which interferes with accurate or proper \r\nregistration, calibration or metering of electric current or otherwise results in a \r\nmanner whereby electricity is stolen or wasted; or \r\n(d) uses the energy supplied by a licensee under one method of tariff in a manner \r\nfor which higher tariff is in force; or \r\n(e) lays, or causes to be laid, or connects up any works for the purpose of \r\ncommunicating with any other works belonging to a licensee without consent; \r\nor \r\n(f) uses energy supplied by a licensee in a manner prejudicial to the safety or \r\nefficient working of the electric supply­line or deals with in a manner so as to \r\ninterfere with efficient supply of energy to other consumers, persons; or \r\n(g) abets in the commission of any of the act mentioned in clauses (a) to (f), \r\nin order to commit theft of ele ctric power, or dishonestly abstract, consume or use electric \r\npower or unauthorized distribution or supply of electric power shall be punished with \r\nimprisonment which may extend to two years or with fine which may extend to two and half \r\nmillion rupees or with both. \r\n462M. Damaging or destroying or destructing the transmission lines, distribution \r\nlines, electric meter etc. __ Any person who damages, destroys or destruct any transmission lines, \r\ndistribution lines, electric meter, apparatus, equipment, or wire or causes or allows any of them to be \r\nso damaged, destroyed or destructed by an act of subversion by explosive material or in any other \r\nmanner so as to disrupt the supply of electric power services or maliciously causes electric power \r\nservices to be wasted or diverted or cuts off or injures or attempts to cut off or injure any transmission \r\nline or distribution line or a service line or electric supply line shall be punished with rigorous \r\nimprisonment which may extend to seven years and with fine which shall not be less than three million \r\nrupees. \r\n462N. Recovery of outstanding amounts from persons involved in section 462H \r\nto 462M offences.__ Any person said to commit or to have committed the offence as mentioned \r\nin section 462H to 462M shall also be liable to pay an amount equivalent to the financial loss caused \r\nto the Government or the distribution companies concerned. Any such outstanding amount of penalties \r\n \r\nPage 162 of 179 \r\n \r\nor fines imposed under this Chapter shall be recoverable as arrears of land revenue. \r\n462O. Cognizance.__ (1) The Court shall try an offence punishable under this Chapter. \r\n(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or any other \r\nlaw for the time being in force, the Court shall not take cognizance of an offence under this Chapter except \r\non a complaint made, with reasons to be recorded in writing along with full particulars of the offences \r\ncommitted under this Chapter, by duly authorized officer (not below Grade 17) of the Government or the \r\ndistribution company, as the case may be. \r\n462P. Overriding effect. — The provisions of this Chapter shall have effect notwithstanding \r\nanything contained in any other law for the time being in force.] \r\nCHAPTER XVIII \r\nOF OFFEENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS \r\n463. Forgery. Whoever makes any false document or part of a document, with intent to cause \r\ndamage or injury, to the public or to any person, or to support any claim or title, or to cause any person to \r\npart with property, or to enter into any express or implied contract, or with intent to commit fraud or that \r\nfraud may be committed, commits forgery. \r\n464. Making a false document.__ A person is said to make a false document \r\nFirstly.__ Who dishonestly or fraudulently makes, signs, se als or executes a document or part of a \r\ndocument, or makes any mark denoting the execution of a document with the intention of causing it to be \r\nbelieved that such document or part of a document was made, signed, sealed or executed by or by the \r\nauthority of a person by whom or by whose authority he knows that it was not made, signed, sealed or \r\nexecuted, or at a time at which he knows that it was not made, signed, sealed or executed; or \r\nSecondly.__ Who, without lawful authority, dishonestly or fraudulently, b y cancellation or \r\notherwise, alters a document in any material part thereof, after it has been made or executed either by \r\nhimself or by any other person, whether such person be living or dead at the time of such alteration; or \r\nThirdly.__ Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a \r\ndocument, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by \r\nreason of deception practised upon him he does not know the contents of the document or the nature of the \r\nalteration. \r\nIllustrations \r\n(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud \r\nB, adds a cipher to the 10,000 and makes the sum 1,00,000, intending that it may \r\nbe believed by B that Z so wrote the letter. A has committed forgery. \r\n(b) A, without Z’s authority, affixes Z's seal to a document purporting to be a \r\nconveyance of an estate from Z to A, with the intention of selling the estate to B \r\nand thereby of obtaining from B the purchase­money. A has committed forgery. \r\n(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any \r\nsum having been inserted in the cheque. A fraudulently fills up the cheque by \r\ninserting the sum of ten thousand rupees. A commits forgery. \r\n \r\n \r\nPage 163 of 179 \r\n \r\n(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting \r\nthe sum payable and authorizes B to fill up the cheque by inserting a sum not \r\nexceeding ten thousand rupees for the purpose of making certain payments. B \r\nfraudulently fills up the cheque by inserting the sum of twenty thousand rupees. \r\nB commits forgery. \r\n(e) A draws a bill of exchange on himself in the name of B without B’s authority, \r\nintending to discount it as a genuine bill with a banker and intending to take up \r\nthe bill on its maturity . Here, as A draws the bill with intent to deceive the \r\nbanker by leading him to suppose that he had the security of B, and thereby to \r\ndiscount the bill, A is guilty of forgery. \r\n(f) Z’s will contains these words­\"I direct that all my remaining property be equally \r\ndivided between A, B and C.\" A dishonestly scratches out B’s name, intending \r\nthat it may be believed that the whole was left to himself and C. A has \r\ncommitted forgery. \r\n(g) A endorses a Government promissory note and makes it payable to Z or his \r\norder by writing on the bill the words “Pay to Z or his order” and signing the \r\nendorsement. B dishonestly erases the words “Pay to Z or his order” and thereby \r\nconverts the special endorsement into a blank endorsement. B commits forgery. \r\n(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his \r\nestate executes a conveyance of the same estate to B, dated six months earlier \r\nthan the date of the conveyance to Z, intending it to be believed that he had \r\nconveyed the estate to B before he conveyed it to Z. A has committed forgery. \r\n(i) Z dictates his will to A. A intentionally writes down a different legatee from the \r\nlegatee named by Z, and by representing to Z that he has prepared the will \r\naccording to his instructions, induces Z to sign the w ill. A has committed \r\nforgery. \r\n(j) A writes a letter and signs it with B’s name without B's authority, certifying that \r\nA is a man of good character and in distressed circumstances from unforeseen \r\nmisfortune, intending by means of such letter to obtain alms from Z and other \r\npersons. Here, as A made a false document in order to induce Z to part with \r\nproperty. A has committed forgery. \r\n(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s \r\ncharacter, intending thereby to obtain em ployment under Z. A has committed \r\nforgery inasmuch as he intended to deceive Z by the forged certificate, and \r\nthereby to induce Z to enter into an express or implied contract for service. \r\nExplanation 1.__ A man’s signature of his own name may amount to forgery. \r\nIllustrations \r\n(a) A signs his own name to a bill of exchange, intending that it may be believed \r\nthat the bill was drawn by another person of the same name. A has committed \r\nforgery. \r\n \r\nPage 164 of 179 \r\n \r\n(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in \r\norder that B may afterwards write on the paper a bill of exchange drawn by B \r\nupon Z, and negotiate the bill as though it had been accepted by Z. A is guilty \r\nof forgery ; and if B, knowing the fact, draws the bill upon the paper pursuant \r\nto A’s intention, B is also guilty of forgery. \r\n(c) A picks up a bill of exchange payable to the order of a different person of the \r\nsame name. A endorses the bill in his own name, intending to cause it to be \r\nbelieved that it was endorsed by the person to whose order it was payable, here \r\nA has committed forgery. \r\n(d) A purchases an estate sold under execution of a decree against B. B after the \r\nseizure of the estate, in collusion with Z, executes a lease of the estate to Z at a \r\nnominal rent and for a long period an d dates the lease six months prior to the \r\nseizure, with intent to defraud A, and to cause it to be believed that the lease \r\nwas granted before the seizure. B, though he executes the lease in his own name, \r\ncommits forgery by antedating it. \r\n(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, \r\nand with intent to defraud his creditors ; and in order to give a colour to the \r\ntransaction, writes a promissory note binding himself to pay to B a sum for value \r\nreceived, and antedates the note, intending that it may be believed to have been \r\nmade before A was on the point of insolvency. A has committed forgery under \r\nthe first head of the definition. \r\nExplanation 2.__ The making of a false document in the name of a fictitious person, intending \r\nit to be believed that the document was made by a real person, or in the name of a deceased person, \r\nintending it to be believed that the document was made by the person in his life time, may amount to \r\nforgery. \r\nIllustration \r\nA draws a bill of exchan ge upon a fictitious person, and fraudulently accepts the bill in the \r\nname of such fictitious person with intent to negotiate it. A commits forgery. \r\n465. Punishment for forgery. Whoever commits forgery shall be punished with \r\nimprisonment of either descript ion for a term which may extend to two years, or with fine, or with \r\nboth. \r\n466. Forgery of record of Court or of public register, etc. Whoever forges a document, \r\npurporting to be a record or proceeding of or in a Court of Justice, or a register of birth, ba ptism, \r\nmarriage or burial, or a register kept by a public servant as such, or a certificate or document purporting \r\nto be made by a public servant in his official capacity, or an authority to institute or defend a suit, or \r\nto take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and shall also be liable \r\nto fine. \r\n467. Forgery for valuable security will, etc. Whoever forges a document w hich purports \r\nto be a valuable security or a will, or an authority to adopt a son, or which purports to give authority \r\nto any person to make or transfer any valuable security, or to receive the principal, interest or dividends \r\nthereon, or to receive or deliver any money, moveable property, or valuable security, or any document \r\n \r\nPage 165 of 179 \r\n \r\npurporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or \r\nreceipt for the delivery of any moveable property or valuable security, shall be p unished with \r\n1[imprisonment for life], or with imprisonment of either description for a term which may extend to \r\nten years, and shall also be liable to fine. \r\n468. Forgery for purpose of cheating. Whoever commits forgery, intending that the \r\ndocument forged shall be used for the purpose of cheating, shall be punished with imprisonment of \r\neither description for a term which may extend to seven years, and shall also be liable to fine. \r\n469. Forgery for purpose of harming reputation. Whoever commits forgery, inte nding \r\nthat the document forged shall harm the reputation of any party, or knowing that it is likely to be used \r\nfor that purpose, shall be punished with imprisonment of either description for a term which may \r\nextend to three years, and shall also be liable to fine. \r\n470. Forged document. A false document made wholly or in part by forgery is designated \r\n“a forged document”. \r\n471. Using as genuine a forged document. Whoever fraudulently or dishonestly uses as \r\ngenuine any document which he knows or has reason to b elieve to be a forged document, shall be \r\npunished in the same manner as if he had forged such document. \r\n472. Making or possessing counterfeit seal, etc., with intent to commit forgery \r\npunishable under section 467. Whoever makes or counterfeits any seal, plate or other instrument for \r\nmaking an impression, intending that the same shall be used for the purpose of committing any forgery \r\nwhich would be punishable under section 467 of this Code, or, with such intent, has in his possession \r\nany such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with \r\n1[imprisonment for life], or with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine. \r\n473. Making or possessing coun terfeit seal, etc., with intent to commit forgery \r\npunishable otherwise. Whoever makes or counterfeits any seal, plate or other instrument for making \r\nan impression, intending that the same shall be used for the purpose of committing any forgery which \r\nwould be punishable under any section of this chapter other than section 467, or, with such intent, has \r\nin his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be \r\npunished with imprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine. \r\n474. Having possession of document described in section 466 or 467, knowing it to be \r\nforged and intending to use it as genuine. Whoever has in his possession any document, knowing \r\nthe same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, \r\nshall, if the document is one of the description mentioned in section 466 of this Code, be punished \r\nwith imprisonment of either description for a term which may extend to seven years, and shall also be \r\nliable to fine ; and if the document is one of the description mentioned in section 467, shall be punished \r\nwith 1[imprisonment for life],or with imprisonment of either description, for a term which may extend \r\nto seven years, and shall also be liable to fine. \r\n475. Counterfeiting device or mark used for authenticating documents described in \r\nsection 467, or possessing counterfeit marked material. Whoever counterfeits upon, or in the \r\nsubstance of, any material, any device or mark used for the purpose of a authenticating any document \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n \r\n \r\nPage 166 of 179 \r\n \r\ndescribed in section 467 of this Code, intending that such device or mark shall be used for the purpose \r\nof giving the appearance of authenticity to any document then forged or thereafter to be forged on such \r\nmaterial, or who, with such intent, has in his possession any material upon or in the substance of which \r\nany such device or mar k has been counterfeited, shall be punished with 1[imprisonment for life], or \r\nwith imprisonment of either description for a term which may extend to seven years, and shall also be \r\nliable to fine. \r\n476. Counterfeiting device or mark used for authenticating, documents other than \r\nthose described in section 467, or possessing counterfeit marked material. Whoever counterfeits \r\nupon, or in the substance of, any material, any device or mark used for the purpose of authenticating \r\nany document other than the documents described in section 467 of this Code, intending that such \r\ndevice or mark shall be used for the purpose of giving the appearance of authenticity to any document \r\nthen forged or thereafter to be forged on such material, or who, with such intent, has in his possession \r\nany material upon or in the substance of which any such device or mark has been counterfeited, shall \r\nbe punished with imprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine. \r\n477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable \r\nsecurity. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public \r\nor to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or \r\nattempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or \r\nany valuable security, or commits mischief in respect to such document, shall be punished with \r\nl[imprisonment for life], or w ith imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine. \r\n2[477A. Falsification of accounts. Whoever, being a clerk, officer or servant, or employed or \r\nacting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, \r\nmutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in \r\nthe possession of his employer, or has been received by him for or on behalf of his em ployer, or \r\nwilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters \r\nor abets the omission or alteration of any material particular from or in, any such book, paper, writing, \r\nvaluable security or account, sha ll be punished with imprisonment of either description for a term \r\nwhich may extend to seven years, or with fine, or with both. \r\nExplanation.__ It shall be sufficient in any charge under this section to allege a general intent \r\nto defraud without naming any particular person intended to be defrauded or specifying any particular \r\nsum of money intended to be the subject of the fraud, or any particular day on which the offence was \r\ncommitted.] \r\nOf Trade, Property and Other Marks \r\n3[4[ 478. Trade mark. A mark used for denoting that goods are the manufacture or merchandise \r\nof a particular person is called a trade mark, and for the purpose of this Code the expression “trade \r\nmark” includes any trade mark which is registered in the register of trade marks kept under the Tr ade \r\nMarks Act, 1940 (V of 1940).] \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2S. 477A ins. by the Criminal Law Amdt. Act, 1895 (3 of 1895), s. 4. \r\n3Ss. 478 to 489 were subs. by the Indian Merchandise Marks Act,1889 (4 of 1889), s. 3, for the original sections. \r\n4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for section 478. \r\n \r\n \r\nPage 167 of 179 \r\n \r\n479. Property mark. A mark used for denoting that moveable property bel ongs to a \r\nparticular person is called a property mark. \r\n480. Using a false trade mark. Whoever marks any goods or any case, package or other \r\nreceptacle containing goods, or uses any case, package or other receptacle with any mark thereon, in a \r\nmanner reason ably calculated to cause it to be believed that the goods so marked, or any goods \r\ncontained in any such receptacle so marked, are the manufacture or merchandise of a person whose \r\nmanufacture or merchandise they are not, is said to use a false trade mark. \r\n481. Using a false property mark. Whoever marks any moveable property or goods or any \r\ncase, package or other receptacle containing moveable property or goods, or uses any case, package or \r\nother receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed \r\nthat the property or goods so marked, or any property or goods contained in any such receptacle so \r\nmarked, belong to a person to whom they do not belong, is said to use a false property mark. \r\n482. Punishment for using a false trade mark or property mark. Whoever uses any false \r\ntrade mark or any false property mark shall, unless he proves that he acted without intent to defraud, \r\nbe punished with imprisonment of either description for a term which may extend to one year, or with \r\nfine, or with both. \r\n483. Counterfeiting a trade mark or property mark used by another. Whoever \r\ncounterfeits any trade mark or property mark used by any other person shall be punished with \r\nimprisonment of either description for a term which may extend t o two years, or with fine, or with \r\nboth. \r\n484. Counterfeiting a mark used by a public servant. Whoever counterfeits any property \r\nmark used by a public servant, or any mark used by a public servant to denote that any property has \r\nbeen manufactured by a parti cular person or at a particular time or place, or that the property is of a \r\nparticular quality or has passed through a particular office, or that it is entitled to any exemption, or \r\nuses as genuine any such mark knowing the same to be counterfeit, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, and shall also be liable \r\nto fine. \r\n485. Making or possession of any instrument for counterfeiting a trade mark or \r\nproperty mark. Whoever makes or has in his posses sion any die, plate or other instrument for the \r\npurpose of counterfeiting a trade mark or property mark, or has in his possession a trade mark or \r\nproperty mark for the purpose of denoting that any goods are the manufacture or merchandise of a \r\nperson whose manufacture or merchandise they are not, or that they belong to a person to whom they \r\ndo not belong, shall be punished with imprisonment of either description for a term which may extend \r\nto three years, or with fine, or with both. \r\n486. Selling goods marked with a counterfeit trade mark or property mark. Whoever \r\nsells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or \r\nthing with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or \r\nupon any case, package or other receptacle in which such goods are contained, shall, unless he proves__ \r\n(a) that, having taken all reasonable precautions against committing an offence \r\nagainst this section, he had at the time of the commission of the alleged offence \r\nno reason to suspect the genuineness of the mark, and \r\n(b) that, on demand made by or on behalf of the prosecutor, he gave all the \r\n \r\nPage 168 of 179 \r\n \r\ninformation in his power with respect to the persons from whom he obtained \r\nsuch goods or things, or \r\n(c) that otherwise he had acted innocently, \r\nbe punished with imprisonment of either description for a term which may extend to one year, \r\nor with fine, or with both. \r\n487. Making a false mark upon any receptacle containing goods. Whoever makes any \r\nfalse mark upon any ca se, package or other receptacle containing goods, in a manner reasonably \r\ncalculated to cause any public servant or any other person to believe that such receptacle contains \r\ngoods which it does not contain or that it does not contain goods which it does co ntain, or that the \r\ngoods contained in such receptacle are of a nature or quality different from the real nature or quality \r\nthereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment \r\nof either description for a term which may extend to three years, or with fine, or with both. \r\n488. Punishment for making use of any such false mark. Whoever makes use of any such \r\nfalse mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted \r\nwithout intent to defraud, be punished as if he had committed an offence against that section. \r\n489. Tampering with property mark with intent to cause injury. Whoever removes, \r\ndestroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby \r\ncause injury to any person, shall be punished with imprisonment of either description for a term which \r\nmay extend to one year, or with fine, or with both.] \r\nOf Currency­Notes and Bank­Notes \r\n1[489A.Counterfeiting currency­notes or bank­ notes. Whoever counterfeits, or knowingly \r\nperforms any part of the process of 2counterfeiting, any currency­note or bank-note, shall be punished \r\nwith 3[imprisonment for life], or with imprisonment of either description for a term which may extend \r\nto ten years, and shall also be liable to fine. \r\nExplanation.__ For the purposes of this section and of sections 489B, 489C and 489D, the \r\nexpression “bank­note” means a promissory note or engagement for the payment of money to bearer \r\non demand issued by any person carrying on the business of banking in any part of the world, or issued \r\nby or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or \r\nas a substitute for, money. \r\n489B. Using as genuine forged or counterfeit currency­notes or bank­notes. Whoever sells \r\nto, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged \r\nor counterfeit currency­note or bank­note, knowing or having reason to believe the same to be forged \r\nor counterfeit, shall be punished with 3[imprisonment for life], or with imprisonment of either \r\ndescription for a term which may extend to ten years, and shall also be liable to fine. \r\n489C. Possession of forged or counterfeit currency­notes or bank­notes. Whoever has in \r\nhis possession any 4forged or counterfeit currency­note or bank­note, knowing or having reason to \r\nbelieve the same to be forged or counterfeit and intending to use the same as genuine or that it may \r\n \r\n \r\n1Ss. 489A to 489D ins. by the Currency Notes Forgery Act, 1899 (12 of 1899), s. 2. \r\n2For 'counterfeiting' and 'forging' of currency Notes and Bank Notes, see C.M.L.A. Secretariat Notification No. 57/24 (259) AJAG/CMLA/82, 4.3.1982. \r\n3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n4For 'counterfeiting' and 'forging' of currency Notes and Bank Notes, see C.M.L.A. Secretariat Notification No. 57/24 (259) AJAG/CMLA/82, 4.3.1982. \r\n \r\n \r\nPage 169 of 179 \r\n \r\nbe used as genuine, shall be punished with imprisonment of either de scription for a term which may \r\nextend to seven years, or with fine, or with both. \r\n489D. Making or possessing instruments or materials for forging or counterfeiting \r\ncurrency­notes or bank­notes. Whoever makes, or performs any part of the process of making, or \r\nbuys or sells or disposes of, or has in his possession, any machinery, instrument or material for the \r\npurpose of being used, or knowing or having reason to believe that it is intended to be used, for forging \r\nor counterfeiting any currency­note or bank­n ote, shall be punished with 1[imprisonment for life], or \r\nwith imprisonment of either description for a term which may extend to ten years, and shall also be \r\nliable to fine.] \r\n2[489E. Making or using documents resembling currency­notes or bank­notes. __ (1) \r\nWhoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, \r\nany document purporting to be, or in any way resembling, or so nearly resembling as to be calculated \r\nto deceive, any currency­note or bank­note shall be punished with 3[imprisonment of either description \r\nfor a term which may extend to one year, or with fine, or with both]. \r\n(2) If any person, whose name appears on a document the making of which is an offence \r\nunder sub­section (1), refuses, without lawful excus e, to disclose to a police­officer on being so \r\nrequired the name and address of the person by whom it was printed or otherwise made, he shall be \r\npunished with 3[imprisonment of either description for a term which may extend to one year, or with \r\nfine, or with both]. \r\n(3) Where the name of any person appears on any document in respect of which any person \r\nis charged with an offence under sub­section (1) or on any other document used or distributed in \r\nconnection with that document it may, until the contrary is proved, be presumed that that person caused \r\nthe document to be made.] \r\n4[489F. Dishonestly issuing a cheque. __ Whoever dishonestly issues a cheque towards \r\nre­payment of a loan or fulfillment of an obligation which is dishonoured on presentation, shall be \r\npunishable with imprisonment which may extend to three years, or with fine, or with both, unless he \r\ncan establish, for which the burden of proof shall rest on him, that he had made arrangements with his \r\nbank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the \r\ncheque.] \r\n5[489G. Counterfeiting or using documents resembling Prize Bonds or \r\nunauthorized sale thereof. __ Whoever counterfeits or causes to counterfeit, or delivers to any \r\nperson, or performs any act, or uses for any purpose whatsoever, any document purporting to be, or \r\nin any manner resembling, the Prize Bond or the Serial Number of Prize Bonds, or sells or promotes \r\nthe sale of Prize Bonds or Serial Number of Prize Bonds unless authorized by the Federal Government, \r\nshall be punished with the imprisonment of either description for a term which may extend to seven \r\nyears and with fine.] \r\n \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. \r\n2S.489E.ins. by the Indian Penal Code(Amdt.) Act, 1943(6 of 1943), s.2. \r\n3Subs. by the Criminal Law (Amdt.) Act, 1976 (8 of 1976), s.2, for “fine which may extend to one hundred rupees”. \r\n4Ins. by Ord. 85 of 2002, s.2. \r\n5Ins. by Act 23 of 2012, s.2. \r\n \r\nPage 170 of 179 \r\n \r\nCHAPTER XIX \r\nOF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE \r\n490. [Breach of contract of service during voyage or journey.] Rep. by the Workmen’s \r\nBreach of Contract (Repealing) Act, 1925 (III of 1925), s. 2 and Sch. \r\n \r\n491. Breach of contract to attend on and supply wa nts of helpless person. Whoever, \r\nbeing bound by a lawful contract to attend on or to supply the wants of any person who, by reason of \r\nyouth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of \r\nproviding for his own sa fety or of supplying his own wants, voluntarily omits so to do, shall be \r\npunished with imprisonment of either description for a term which may extend to three months, or \r\nwith fine which may extend to 1[six hundred rupees], or with both. \r\n492. [Breach of contract to serve at distant place to which servant is conveyed at master's \r\nexpense.] Rep. by the Workmen's Breach of Contract (Repealing) Act, 1925 (Ill of 1925), s. 2 and Sch. \r\nCHAPTER XX \r\nOF OFFENCES RELATING TO MARRIAGE \r\n493. [Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.] Rep. \r\nby the Offences of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), s. 19 (w.e.f. the 10th \r\nday of February, 1979). \r\n2[493A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.__ \r\nEvery man who deceitfully causes any woman who is not lawfully married to him to believe that she \r\nis lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous \r\nimprisonment for a term which may extend to twenty­five years and shall also be liable to fine.] \r\n494. Marrying again during lifetime of husband or wife. Whoever, having a husband or \r\nwife living, marries in any case in which such marriage is void by reason of its taking place during the \r\nlife of such hu sband or wife, shall be punished with imprisonment of either description for a term \r\nwhich may extend to seven years, and shall also be liable to fine. \r\nException.__ This section does not extend to any person whose marriage with such husband or \r\nwife has been declared void by a Court of competent jurisdiction, \r\nnor to any person who contracts a marriage during the life of a former husband or wife, if such \r\nhusband or wife, at the time of the subsequent marriage, shall have been continually absent from such \r\nperson for the space of seven years, and shall not have been heard of by such person as being alive \r\nwithin that time provided the person contracting such subsequent marriage shall, before such marriage \r\ntakes place, inform the person with whom such marriage is c ontracted of the real state of facts so far \r\nas the same are within his or her knowledge. \r\n \r\n \r\n \r\n1Sub.by Ord.86 of 2002, s.2 and sch­I. \r\n2Ins. by Act VI of 2006,s.6. \r\n \r\nPage 171 of 179 \r\n \r\n495. Same offence with concealment of former marriage from person with whom \r\nsubsequent marriage is contracted. Whoever commits the offence defined in the last preceding \r\nsection having concealed from the person with whom the subsequent marriage is contracted, the fact \r\nof the former marriage, shall be punished with imprisonment of either description f or a term which \r\nmay extend to ten years, and shall also be liable to fine. \r\n496. Marriage ceremony fraudulently gone through without lawful marriage. Whoever, \r\ndishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that \r\nhe is not thereby lawfully married, shall be punished with imprisonment of either description for a \r\nterm which may extend to seven years, and shall also be liable to fine. \r\n1[496A. Enticing or taking away or detaining with criminal intent a woman. Whoever takes \r\nor entices away any woman with intent that she may have illicit intercourse with any person, or \r\nconceals or detains with that intent any woman, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to fine. \r\n496B. Fornication.__ (1) A man, and woman not married to each other are said to commit \r\nfornication if they willfully have sexual intercourse with one another. \r\n(2) Whoever commits fornication shall be punished with imprisonme nt for a term which may \r\nextend to five years and shall also be liable to fine not exceeding ten thousand rupees. \r\n496C. Punishment for false accusation of fornication .__ Whoever brings or levels or gives \r\nevidence of false charge of fornication against any person, shall be punished with imprisonment for a \r\nterm which may extend to five years and shall also be liable to fine not-exceeding ten thousand rupees: \r\nProvided that a Presiding Officer of a Court dismissing a complaint under section 203C of the \r\nCode of C riminal Procedure, 1898 and after providing the accused an opportunity to show cause if \r\nsatisfied that an offence under this section has been committed shall not require any further proof and \r\nshall forthwith proceed to pass the sentence.] \r\n497. [Adultery.] Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII \r\nof 1979), s. 19 (w.e.f the 10th day of February, 1979). \r\n498. [Enticing or taking away or detaining with criminal intent a married woman.] Rep. by \r\nthe Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), s. 19 (w.e.f the10th day \r\nof February, 1979). \r\n2[CHAPTER XXA \r\nOF OFFENCES AGAINST WOMEN \r\n498A. Prohibition of depriving women from inheriting property.__ whoever by deceitful or \r\nillegal means deprives any woman from inheriting any movable or immovable property at the time of \r\nopening of succession shall be punished with imprisonment for either description for a term which \r\nmay extend to ten years but not be less than five years or with a fine of one million rupees or both. \r\n \r\n \r\n1Ins. by Act VI of 2006 ,ss.6 & 7. \r\n2Ins. by Act XXVI of 2011, s. 3. \r\n \r\nPage 172 of 179 \r\n \r\n498B. Prohibition of forced marriage. __ whoever coerces or in any manner whatsoever \r\ncompels a woman to enter into marriage shall be punished with imprisonment of either description for \r\na term, which may extend to seven years or for a term which shall not be less than three years and shall \r\nalso be liable to fine of five hundred thousand rupees 1[:] \r\n1[Provided that in case of a female child as defined in the Child Marriage Restraint Act, 1929 \r\n(XIX of 1929), or a non­Muslim woman, the accused shall be punished with imprisonment of either \r\ndescription for a term which may extend to ten years but shall not be less than five years and shall also \r\nbe liable to fine which may extend to one million rupees.] \r\n498C. Prohibition of marriage with the Holy Quran. __ Whoever compels or arranges or \r\nfacilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of either \r\ndescription which may extend to seven years which shall not be less than three years and shall be liable \r\nto fine of five hundred thousand rupees. \r\nExplanation.__ Oath by a woman on Holy Quran to remain unmarried for the rest of her life or, \r\nnot to claim her share of inheritance shall be deemed to be marriage with the Holy Quran.] \r\nCHAPTER XXI \r\nOF DEFAMATION \r\n499. Defamation. Whoever by words either spoken or intended to be read, or by signs or by \r\nvisible representations, makes or publishes any imputation concerning any person intending to harm, \r\nor knowing or having reason to believe that such imputation will harm, the reputation of such person, \r\nis said, except in the cases hereinafter excepted, to defame that person 2[.] \r\n(2) 2* * * * * * * \r\nExplanation 1.__ It may amount to defamation to impute anything to a deceas ed person, if \r\nthe imputation would harm the reputation of that person if living, and is intended to be hurtful to the \r\nfeelings of his family or other near relatives. \r\nExplanation 2.__ It may amount to defamation to make an imputation concerning a company or \r\nan association or collection of persons as such. \r\nExplanation 3. __ An imputation in the form of an alternative or expressed ironically, may \r\namount to defamation. \r\nExplanation 4.__ No imputation is said to harm a person’s reputation, unless that imputation \r\ndirectly or indirectly, in the estimation of others, lowers the moral or intellectual character of that \r\nperson, or lowers the character of that person in respect of his caste or of his calling, or lowers the \r\ncredit of that person, or causes it to be believed that the body of that person is in a loath some state, or \r\nin a state generally considered as disgraceful. \r\n \r\n \r\n \r\n1Sub. & added by Act IV of 2017, s.2. \r\n2Subs. and omitted by Act IV of 1986, s.2. \r\n \r\n \r\nPage 173 of 179 \r\n \r\nIllustrations \r\n(a) A says­“Z is an honest man ; he never stole B’s watch” ; intending to cause it to \r\nbe believed that Z did steal B's watch. This is defamation, unless it fall within \r\none of the exceptions. \r\n(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be \r\nbelieved that Z stole B’s watch. This is defamation, unless it fall within one of \r\nthe exceptions. \r\n(c) A draws a picture of Z running away with B’s watch, intending it to be believed \r\nthat Z stole B’s watch. This is defamation, unless it fall within one of the \r\nexceptions. \r\nFirst Except ion.__ Imputation of truth which public good requires to be made or \r\npublished. It is not defamation to impute anything which is true concerning any person, if it be for the \r\npublic good that the imputation should be made or published. Whether or not it is f or the public good \r\nis a question of fact. \r\nSecond Exception. Public conduct of public servants.__ It is not defamation to express in \r\ngood faith any opinion whatever respecting the conduct of a public servant in the discharge of his \r\npublic functions, or resp ecting his character, so far as his character appears in that conduct, and no \r\nfurther. \r\nThird Exception. Conduct of any person touching any public question. It is not defamation \r\nto express in good faith any opinion whatever respecting the conduct of any person touching any public \r\nquestion, and respecting his character, so far as his character appears in that conduct, and no further. \r\nIllustration \r\nIt is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct \r\nin petitioning Government on a public question in signing or requisition for a meeting on a public \r\nquestion, in presiding or attending at such meeting, in forming or joining any society which invites the \r\npublic support, in voting or canvassing for a particular candidate for any situation in the efficient \r\ndischarge of the duties of which the public is interested. \r\nFourth Exception.__ Publications of reports of proceedings of Courts. It is not defamation \r\nto publish a substantially true report of the proceedings of a Court of Jus tice, or of the result of any \r\nsuch proceedings. \r\nExplanation.__ A Justice of the Peace or other officer holding an enquiry in open Court \r\npreliminary to a trial in a Court of Justice, is a Court within the meaning of the above section. \r\nFifth Exception.__ Merits of case decided in Court or conduct of witnesses and \r\nothers concerned. It is not defamation to express in good faith any opinion whatever respecting the \r\nmerits of any case, civil or criminal, which has been decided by a Court of Justic e, or respecting the \r\nconduct of any person as a party, witness or agent, in any such case, or respecting the character of such \r\nperson, as far as his character appears in that conduct, and no further. \r\n \r\n \r\nPage 174 of 179 \r\n \r\nIllustrations \r\n(a) A says­“I think Z’s evidence on that trial is so contradictory that he must be \r\nstupid or dishonest.” A is within this exception if he says this in good faith, \r\ninasmuch as the opinion which he expresses respects Z’s character as it appears \r\nin Z’s conduct as a witness, and no further. \r\n(b) But if A says­“I do not believe what Z asserted at that trial because I know him \r\nto be a man without veracity”. A is not within this exception, inasmuch as the \r\nopinion which he expresses of Z’s character, is an opinion not founded on Z’s \r\nconduct as a witness. \r\nSixth Exception.__ Merits of public performance. It is not defamation to express in good faith \r\nany opinion respecting the merits of any performance which its author has submitted to the judgment \r\nof the public, or respecting the character of the author so far as his character appears in such \r\nperformance, and no further. \r\nExplanation.__ A performance may be submitted to the judgment of the public expressly or by \r\nacts on the part of the author which imply such submission to the judgment of the public. \r\nIllustrations \r\n(a) A person who publishes a book, submits that book to the judgment of the public. \r\n(b) A person who makes a speech in public, submits that speech to the judgment of \r\nthe public. \r\n(c) An actor or singer who appears on a public stage, submits his acting or singing \r\nto the judgment of the public. \r\n(d) A says of a book published by Z­“Z’s book is foolish : Z must be a weak man. \r\nZ’s book is indecent ; Z must be a man of impure mind.” A is within this \r\nexception, if he says this in good faith, inasmuch as the opinion which he \r\nexpresses of Z respects Z’s character only so far as it appears in Z’s book, and \r\nno further. \r\n(e) But if A says­“I am not surprised that Z’s book is foolish and indecent, for he is \r\na weak man and a libertine.” A is not within this exception, inasmuch as the \r\nopinion which he expresses of Z’s character is an opinion not founded on Z’s \r\nbook. \r\nSeventh Exception.__ Censure passed in good faith by person having lawful authority \r\nover another. It is not defamation in a person having over another any authority, either conferred by \r\nlaw or arising out of a lawful contract made with that other, to pass in good faith any censure on the \r\nconduct of that other in matters to which such lawful authority relates. \r\nIllustration \r\nA Judge censuring in good faith the conduct of a witness, or of an officer of the Court ; a head \r\nof a department censuring in good faith those who are under his orders ; a parent censuring in good \r\nfaith a child in the presence of other children ; a schoolmaster, whose authority is derived from a parent, \r\ncensuring in good faith a pu pil in the presence of other pupils ; a master censuring a servant in good \r\n \r\nPage 175 of 179 \r\n \r\nfaith for remissness in service ; a banker censuring in good faith the cashier of his bank for the conduct \r\nof such cashier as such cashier­are within this exception. \r\nEighth Exception.__ Accusation preferred in good faith to authorized person. It is not \r\ndefamation to prefer in good faith an accusation against any person to any of those who have lawful \r\nauthority over that person with respect to the subject matter of accusation. \r\nIllustration \r\nIf A in good faith accuses Z before a Magistrate ; if A in good faith complains of the conduct \r\nof Z, a servant, to Z’s master ; if a in good faith complains of the conduct of Z, a child, to Z’s father­A \r\nis within this exception. \r\nNinth Exception.__ Imputation made in good faith by person for protection of his or \r\nother’s interest. It is not defamation to make an imputation on the character of another, provided that \r\nthe imputation be made in good faith for the protection of the interest of the person mak ing it, or of \r\nany other person, or for the public good. \r\nIllustrations \r\n(a) A, a shopkeeper, says to B, who manages his Business­“Sells nothing to Z \r\nunless he pays you ready money, for I have no opinion of his honesty.” A is \r\nwithin the exception, if he has m ade this imputation on Z in good faith for the \r\nprotection of his own interests. \r\n(b) A, a Magistrate, in making a report to his own superior officer, casts an \r\nimputation on the character of Z. Here, if the imputation is made in good faith, \r\nand for the public good. A is within the exception. \r\nTenth Exception.__ Caution intended for good of person to whom conveyed or for \r\npublic good. It is not defamation to convey a caution, in good faith, to one person against another, \r\nprovided that such caution be intended for the good of the person to whom it is conveyed, or of some \r\nperson in whom that person is interested, or for the public good. \r\n1500. Punishment for defamation. Whoever defames another shall be punished with simple \r\nimprisonment for a term which may extend to two years, or with fine, or with both 2[:] \r\n2[Provided that the originator of the defamatory imputation shall be punished with \r\nimprisonment of either description for a term which may extend to five years, or with fine which shall \r\nnot be less than one hundred thousand rupees, or with both. \r\nExplanation.__ “Originator” means the initiator of a defamatory imputation.] \r\n \r\n \r\n1In this section for the word \"simple\" the word \"rigorous\" has been subs. in its application to the Province of West Pakistan by (W. P. Act 32 of 1964), \r\ns. 2. \r\n2Subs. and Ins. by Act IX of 04, ss.7,8. \r\n \r\n \r\nPage 176 of 179 \r\n \r\n \r\n1501. Printing or engraving matter known to be defamatory. Whoever prints or engraves \r\nany matter, knowing or having good reason to believe that such matter is defamatory of any person, \r\nshall be punished with simple imprisonment for a term which may extend to two years, or with fine, \r\nor with both. \r\n502. Sale of printed or engraved substance containing defamatory matter. Whoever sells \r\nor offers for sale any printed or engraved substance con taining defamatory matter, knowing that it \r\ncontains such matter, shall be punished with simple imprisonment for a term which may extend to two \r\nyears, or with fine, or with both. \r\n2[502A. Trial of offences under this Chapter.__ Notwithstanding anything contained in the \r\nCode of Criminal Procedure, 1898 (Act V of 1898), the Court of Session shall have the jurisdiction to \r\ntry an offence under this Chapter and decide it within a period of ninety days.] \r\nCHAPTER XXII \r\nOF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE \r\n503. Criminal intimidation. Whoever threatens another with any injury to his person, \r\nreputation or property, or to the person or reputation of any one in whom that person is interested, with \r\nintent to cause alarm to that person, or to cause that person to do any act which he is not legally bound \r\nto do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the \r\nexecution of such threat, commits criminal intimidation. \r\nExplanation.__ A threat to injure the reputation of a ny deceased person in whom the person \r\nthreatened is interested, is within this section. \r\nIllustration \r\nA, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s \r\nhouse. A is guilty of criminal intimidation. \r\n504. Intentional insult with intent to provoke breach of the peace. Whoever intentionally \r\ninsults, and thereby gives provocation to any person, intending or knowing it to be likely that such \r\nprovocation will cause him to break the public peace, or to commit any other offence, shall be punished \r\nwith imprisonment of either description for a term which may extend to two years, or with fine, or \r\nwith both. \r\n3[505. Statement conducing to public mischief. __ (1) Whoever makes, publishes or \r\ncirculates any statement, rumour or report, \r\n(a) with intent to cause or incite, or which is likely to cause or incite, any officer, \r\nsoldier, sailor, or airman in the Army, Navy or Air Force of Pakistan to mutiny \r\nor otherwise disregard or fail in his duty as such ; or \r\n \r\n1In this section for the word \"simple\" the word \"rigorous\" has been subs. in its application to the Province of West Pakistan by (W. P. Act 32 of 1964), s. \r\n2. \r\n2Subs. and Ins. by Act IX of 04, s.8. \r\n3The original s. 505 have successively been amended by the Indian Penal Code (Amdt.) A ct, 1898 (4 of 1898), s. 6, the Repealing and Amending Act \r\n1927 (10 of 1927), s. 2 and Sch I, the Amending Act, 1934 (35 of 1934), s. 2 and Sch., A. O.1961, Art. 2 and Sch. (23­3­56), and the Criminal Law \r\n(Amdt.) Act, 1973 (6 of 1973), s. 2 (w.e.f. 28th July, 1973), to read as above. \r\n \r\nPage 177 of 179 \r\n \r\n(b) with intent to cause, or which is likely to cause, fear or alarm to the public or \r\nto any section of the public whereby any person may be induced to commit an \r\noffence against the State or against the public tranquillity ; or \r\n(c) with intent to incite, or which is likely to incite, any class or community of \r\npersons to commit any offence against any other class or community, \r\nshall be punished with imprisonment for a term which may extend to seven years and with fine. \r\n(2) Whoever makes, publishes or circulates any statement or report containing rumour or \r\nalarming news with intent to create or promote, or which is likely to create or promote, on grounds of \r\nreligion, race, place of birth, residence, language, caste or community or any other ground whatsoever, \r\nfeelings of enmity, hatred or ill­will between different religious, racial, language or regional groups or \r\ncastes or communities, shall be punished with imprisonment for a term which may extend to seven \r\nyears and with fine. \r\nExplanation.__ It does not amount to an offence within the meaning of this section, when the \r\nperson making, publishing or circulating any such statement, rumour or report has reasonable grounds \r\nfor believing that such statement, rumour or report is true and makes, publishes or circulates it in good \r\nfaith and without any such intent as aforesaid.] \r\n506. Punishment for criminal intimidation. Whoever commits the offence of criminal \r\nintimidation shall be punished with imprisonment of either description for a term which may extend \r\nto two years, or with fine, or with both ; \r\nIf threat be to cause death or grievous hurt, etc. and if the threat be to cause death or grievous \r\nhurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death \r\nor 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to \r\nimpute unchastity to a woman, shall be punished with imprisonment of either description for a term \r\nwhich may extend to seven years, or with fine, or with both. \r\n507. Criminal intimidation by an anonymous communication. Whoever commits the \r\noffence of criminal intimidation by an anonymous communication, or having taken precaution to \r\nconceal the name or abode of the person from whom the threat comes, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, in addition to the \r\npunishment provided for the offence by the last preceding section. \r\n508. Act caused by inducing person to believe that he will be rendered an o bject of the \r\nDivine displeasure. Whoever voluntarily causes or attempts to cause any person to do anything which \r\nthat person is not legally bound to do or to omit to do anything which he is legally entitled to do, by \r\ninducing or attempting to induce that person to believe that he or any person in whom he is interested \r\nwill become or will be rendered by some act of the offender an object of Divine displeasure if he does \r\nnot do the thing which it is the object of the offender to cause him to do, or if he does the thing which \r\nit is the object of the offender to cause him to omit shall be punished with imprisonment of either \r\ndescription for a term which may extend to one year, or with fine, or with both. \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for \"Transportation\". \r\n \r\n \r\nPage 178 of 179 \r\n \r\nIllustrations \r\n(a) A sits dhurna at Z’s door with the intention of causing it to be believed that, by \r\nso sitting, he renders Z an object of Divine displeasure. A has committed the \r\noffence defined in this section. \r\n(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own \r\nchildren, under such circumstances that the killing would be believed to render \r\nZ an object of Divine displeasure. A has committed the offence defined in this \r\nsection. \r\n1[509. Insulting modesty or causing sexual harassment.__ Whoever,__ \r\n(i) intending to insult the modesty of any woman, utters any word, makes any \r\nsound or gesture, or exhibits any object, intending that such word or sound shall \r\nbe heard, or that such gesture or object shall be seen, by such woman, or intrudes \r\nupon the privacy of such woman; \r\n(ii) conduct sexual advances, or demand sexual favours or uses verbal or non­verbal \r\ncommunication or physical conduct of a sexual nature which intends to annoy, \r\ninsult, intimidate or threaten the other person or commits such acts at the \r\npremises of workplace, or makes submission to such conduct either explicitly \r\nor implicitly a term or condition of an individuals employment, or makes \r\nsubmission to or rejection of such conduct by an individual a basis for \r\nemployment decision affecting such individual, or retaliates because of \r\nrejection of such behaviour, or conducts such behaviour with the intention of \r\nunreasonably interfering with an individual’s work performance or creating an \r\nintimidating , hostile, or offensive working environment; \r\nshall be punished with imprisonment which may extend to three years or with fine up to five \r\nhundred thousand rupees or with both. \r\nExplanation 1.__ Such behaviour might occur in public place, including, but not limited to, \r\nmarkets, public transport, streets or parks, or it might occur in private places including, but not limited \r\nto workplaces, private gatherings, or homes. \r\nExplanation 2.__ Workplace means, the place of work or the premises where an organi zation \r\nor employer operates, this may be a specific building, factory, open area or a larger geographical area \r\nwhere the activities of the organization are carried out. Sexual advances may occur after working hours \r\nand outside workplace. It is the access that perpetrator has to the person being harassed by virtue of a \r\njob situation or job related functions and activities.]. \r\n510. Misconduct in public by a drunken person. Whoever, in a state of intoxication appears \r\nin any public place, or in any place which it is a trespass in him to enter, and there conducts himself in \r\nsuch a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a \r\nterm which may extend to 2[seven days but shall not be less than fourty eight hours], or with fine which \r\nmay extend to 2[one hundred thousand rupees but shall not be less than ten thousand rupees], or with \r\nboth. \r\n \r\n1Subs. by Act I of 2010, s. 2. \r\n2Subs. by Act XVIII of 2018,s.2. \r\n \r\nPage 179 of 179 \r\n \r\nCHAPTER XXIII \r\nOF ATTEMPTS TO COMMIT OFFENCES \r\n511. Punishment for attempting to commit offences punishable with 1[imprisonment for \r\nlife or for a shorter term]. Whoever attempts to commit an offence punishable by this Code with \r\n2[imprisonment for life], or imprisonment, or to cause such an offence to be committed, and in such \r\nattempt does any act towards the commission of the offence, shall, where no express provision is made \r\nby this Code for the punishment of such attempt be puni shed with 3[imprisonment of any description \r\nprovided for the offence, for a term which may extend to one­half of the longest term of imprisonment \r\nprovided for that offence] or with such fine 4[daman] as is provided for the offence, or with both. \r\nIllustrations \r\n(a) A makes an attempt to steal some jewels by breaking open a box, and finds after \r\nso opening the box, that there is no jewel in it. He has done an act towards the \r\ncommission of theft, and therefore is guilty under this section. \r\n(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. \r\nA fails in the attempt in consequence of Z’s having nothing in his pocket. A is \r\nguilty under this section. \r\n \r\n \r\n \r\n_________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n Dated: 30-11-2025 \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for “transportation or imprisonment”. \r\n2Subs. ibid., for “transportation”. \r\n3Subs. ibid., for certain words. \r\n4Ins. by Act No. II of 1997 s. 10.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-bd227b13c09b48ba:sha256:daabaac3b0e49ed5137677d7ee44200dca00d0cab965a5a54859c5fa71dc3215:chars-0-1797:77b571e6fb65c919684deab3bebfb4c98c84f03a1dda9b7ce391035d070ce6fe", "character_start": 0, "character_end": 1797, "utf8_byte_start": 0, "utf8_byte_end": 1799, "passage_sha256": "77b571e6fb65c919684deab3bebfb4c98c84f03a1dda9b7ce391035d070ce6fe", "reader_fragment": "p-0-1797-77b571e6fb65c919" }, { "passage_id": 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