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  "id": "punjab-code-cbf0fc76ccb405c6",
  "title": "PAKISTAN PENAL CODE, 1860",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/V2IHMAIzUmY-",
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  "source_snapshot": "2026-08-06T16:45:20Z",
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  "text": "PAKISTAN PENAL CODE \r\n(XLV of 1860) \r\nCONTENTS \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 \r\ntried within Pakistan \r\n4. Extension of Code on extra-territorial 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 exception \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. Definition of \"Queen\" \r\n14. \"Servant of the State\" \r\n15. Definition of British-India \r\n16. Definition of \"Government of India\" \r\n17. \"Government\" \r\n18. Definition of Presidency \r\n19. \"Judge\" \r\n20. \"Court of Justice\" \r\n21. \"Public servant\" \r\n22. Movable property \r\n23. Wrongful gain \r\n\"Wrongful loss\" \r\nGaining wrongfully; Losing 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\", \"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 \r\nknowledge or intention \r\n36. Effect caused partly by act and partly by omission \r\n37. Co-operation 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\n41. \"Special law\" \r\n42. \"Local Law\" \r\n43. \"Illegal \"\"\"Legally bound to do\" \r\n44. \"Injury\" \r\n45. \"Life\" \r\n46. \"Death\" \r\n47. \"Animal\" \r\n48. \"Vessel\" \r\n49. \"Year\"; \"Month\" \r\n50. \"Section\" \r\n51. \"Oath\" \r\n52. \"Good faith\" \r\n52-A. \"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\n55-A. Saving for President prerogative \r\n56. Sentence of Europeans and Americans to penal servitude \r\n57. Fractions of terms of punishment \r\n58. Offenders sentenced to transportation how dealt with until, transported \r\n59. Transportation instead of imprisonment \r\n60. Sentence may be (in certain cases of imprisonment) wholly or partly \r\nrigorous or simple \r\n61. Sentence of forfeiture of property \r\n62. Forfeiture of property, in respect of offenders punishable with death, \r\ntransportation or imprisonment \r\n63. Amount of fine \r\n64. Sentence of imprisonment for non-payment of fine \r\n65. Limit to imprisonment for non-payment of fine when imprisonment and \r\nfine awardable \r\n66. Description of imprisonment for non-payment of fine \r\n67. Imprisonment for non-payment of fine when offence punishable with fine \r\nonly \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 \r\ndischarge property from liability \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 \r\nstating that it is doubtful of which \r\n73. Solitary confinement \r\n74. Limit of solitary confinement \r\n75. Enhanced punishment for certain offenders under Chapter XII or \r\nChapter XVII after previous conviction \r\nCHAPTER IV \r\nGENERAL EXCEPTIONS \r\n76. Act done by a person bound, or by mistake of fact believing himself \r\nbound, 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 \r\njustified, by law \r\n80. Accident in doing a lawful act \r\n81. Act likely to cause harm, but done without criminal intent, and to \r\nprevent other harm \r\n82. Act of a child under seven years of age \r\n83. Act of a child above seven and under twelve 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 \r\nagainst his will \r\n86. Offence requiring a particular intent or knowledge committed by one \r\nwho is intoxicated \r\n87. Act not intended and not known to be likely to cause death or grievous \r\nhurt, done by consent \r\n88. Act not intended to cause death, done by consent in good faith for \r\nperson's benefit \r\n89. Act done in good faith for benefit of child or insane person, by or by \r\nconsent 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\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, \r\netc \r\n99. Act against which there is no right of private defence Extent to which \r\nthe 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 \r\nbody \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 \r\nproperty \r\n106. Right of private defence against deadly assault when there is risk of \r\nharm to innocent person \r\nCHAPTER V \r\nOF ABETMENT \r\n107. Abetment of a thing \r\n108. Abettor \r\n108-A. Abetment in Pakistan of Offences outside it \r\n109. Punishment of abetment if the Act abetted committed in consequence \r\nand where no express provision is made for its punishment \r\n110. Punishment of abetment if person abetted does act with different \r\nintention from that of abettor \r\n111. Liability of abettor when one act abetted and different act done \r\n112. Abettor when liable to cumulative punishment for act abetted and for act \r\ndone \r\n113. Liability of abettor for an effect caused by the act abetted different from \r\nthat intended by the abettor \r\n114. Abettor present when offence is committed \r\n115. Abetment  of  offence  punishable  with  death  or  imprisonment  for  life  \r\nif offence not committed \r\nIf act causing harm be done in consequence \r\n116. Abetment of offence punishable with imprisonment \r\nIf offence be not committed \r\nIf abettor or person abetted be a public servant whose duty it is to \r\nprevent offence \r\n117. Abetting commission of offence by the public or by more than ten \r\npersons \r\n118. Concealing  design  to-commit  offence  punishable  with  death  or \r\nimprisonment for life if offence be committed \r\nif offence be not committed \r\n119. Public servant concealing design to commit offence which it is his duty \r\nto 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; if offence be not committed \r\nCHAPTER V-A  \r\nCRIMINAL CONSPIRACY \r\n120-A. Definition of criminal conspiracy \r\n120-B. Punishment of criminal conspiracy \r\nCHAPTER VI \r\nOF OFFENCES AGAINST THE STATE \r\n121. Waging  or  attempting  to  wage  war  or  abetting  waging  of  war  \r\nagainst Pakistan \r\n121-A. 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\n123-A. Condemnation of the creation of the State, and advocacy of abolition of \r\nits sovereignty \r\n123-B. Defiling or unauthorisedly removing the National Flag of Pakistan from \r\nGovernment building, etc \r\n124. Assaulting President, Governor, etc., with intention to compel or restrain \r\nthe exercise of any lawful power \r\n124-A. Sedition \r\n125. Waging war against any Asiatic 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 \r\n125 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 \r\nhis 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, \r\nwhen in execution of his office \r\n134. Abetment of such assault, if the assault is committed \r\n135. Abetment of description of soldier, sailor or airman \r\n136. Harbouring deserter \r\n137. Deserter  concealed  on  board  merchant  vessel  through  negligence  \r\nof master \r\n138. Abetment of act of insubordination by soldier, sailor or airman \r\n138-A. Application of foregoing sections to the Indian Marine Service \r\n139. Persons subject to certain Acts \r\n140. Wearing garb or carrying token used by soldier, sailor or airman \r\nCHAPTER VlII \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 \r\ncommanded 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 \r\nprosecution of common object \r\n150. Hiring, or conniving at hiring, of persons to Join unlawful assembly \r\n151. Knowingly joining or continuing in assembly of five or more persons \r\nafter it has commanded to disperse \r\n152. Assaulting to obstructing public servant when suppressing riot, etc \r\n153. Wantonly  giving  provocation with intent to cause riot-if rioting be \r\ncommitted; if not committed \r\n153-A.Promoting enmity between different groups, etc \r\n153-B.Inducing students, etc., 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 \r\ncommitted \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\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 \r\nrespect to an official act \r\n\"Gratification\" , \"Legal remuneration\" \r\n\"A motive or reward for doing\" “Public servant' \r\n162. Taking gratification, in order by corrupt or illegal means to influence \r\npublic servant \r\n163. Taking gratification, for exercise of personal influence with public \r\nservant \r\n164. Punishment for abetment by public servant of offences defined in \r\nSection 162 or 163 \r\n165. Public servant obtaining valuable thing, without consideration from \r\nperson concerned  in proceeding or business transacted by such public \r\nservant \r\n165-A.Punishment for abetment of offences defined in Sections 161 and 165 \r\n165-B.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 \r\nintent \r\nCHAPTER IX-A \r\nOF OFFENCES RELATING TO ELECTIONS \r\n171-A. \"Candidate\", \"Electoral right\" defined \r\n171-B. Bribery \r\n171 -C. Undue influence at election \r\n171-D. Personation at elections \r\n171-E.  Punishment for bribery \r\n171 -F. Punishment for undue influence or personation at an election \r\n171 -G. False statement in connection with an election \r\n171 -H. Illegal payments in connection with an election \r\n171-1. Failure to keep election accounts \r\n171-J. 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 \r\npublication thereof \r\n174. Non-attendance in obedience to an order from public servant \r\n175. Omission to produce document to public servant by person legally \r\nbound to produce it \r\n176. Omission to give notice or information to public servant by person \r\nlegally bound to give it \r\n177. Furnishing false information \r\n178. Refusing oath or affirmation when duly required by public servant to \r\nmake 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 \r\nauthorised to administer an oath or affirmation \r\n182. False information with intent to cause public servant to use his lawful \r\npower to the injury of another person \r\n183. Resistance to the taking of property by the lawful authority of a public \r\nservant \r\n184. Obstructing sale of property offered for sale by authority of public \r\nservant \r\n185. Illegal purchase or bid for property offered for sale by authority of public \r\nservant \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 duty promulgated by public servant \" \r\n189. Threat of injury to public, servant \r\n190. Threat of injury to induce a person to refrain from applying for \r\nprotection 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\n193. Punishment for false evidence \r\n194. Giving or fabricating false evidence with intent to procure conviction of \r\ncapital offence if innocent person be thereby convicted and executed \r\n195. Giving or fabricating false evidence with intent to procure conviction of \r\noffence punishable with imprisonment for life or for a term of seven \r\nyears 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 \r\nevidence \r\n200. Using as true such declaration knowing it to be false \r\n201. Causing disappearance of evidence of offence, or giving false \r\ninformation 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 \r\ninform \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 \r\nprosecution \r\n206. Fraudulent removal or concealment of property to prevent its seizure as \r\nforfeited or in execution \r\n207. Fraudulent  claim  to  property  to  prevent  its  seizure  as  forfeited  or  \r\nin 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 if a capital offence \r\nif punishable with imprisonment for life, or with imprisonment for 10 \r\nyears \r\n213. Taking gift, etc., to screen an offender from punishment if a capital \r\noffence if punishable with imprisonment for life, or with imprisonment \r\nfor 10 years \r\n214. Offering gift or restoration of property in consideration of screening  \r\noffender \r\nif a capital offence \r\nif punishable with imprisonment for life, or with imprisonment \r\n215. Taking gift to help to recover property, etc \r\n216. Harbouring offender who has escaped from custody or whose \r\napprehension has been ordered \r\nif a capital offence \r\nif punishable with imprisonment for life, or with imprisonment \r\n216-A.Penalty for harbouring robbers or dacoits \r\n216-B.Definition of \"harbour\" in Sections 212, 216 and 216-A \r\n217. Public servant disobeying direction of law with intent to save persons \r\nfrom punishment or property from forfeiture \r\n218. Public  servant  framing  incorrect  record  or  writing  with  intent  to  \r\nsave person from punishment or property from forfeiture \r\n219. Public servant in judicial proceeding corruptly making report, etc., \r\ncontrary to taw \r\n220. Commitment for trial or confinement by person having authority who  \r\nknows that he is acting contrary to law \r\n221. Intentional omission to apprehend on the part of public servant bound to \r\napprehend \r\n222. Intentional omission to apprehend on the part of public servant bound to \r\napprehend person under sentence or lawfully committed \r\n223. Escape from confinement or custody negligently suffered by public \r\nservant \r\n224. Resistance or obstruction by a person to his lawful apprehension \r\n225. Resistance or obstruction to lawful apprehension of another person \r\n225-A.Omission to apprehend, or sufferance of escape, on part of public \r\nservant, in cases not otherwise provided for \r\n225-B.Resistance or obstruction to lawful apprehension, or escape or rescue \r\nin cases not otherwise provided for \r\n226. Unlawful return from transportation \r\n227. Violation of condition of remission of punishment \r\n228. Intentional insult or interruption to public servant sitting in judicial \r\nproceeding \r\n229. Personation of a juror or assessor \r\nCHAPTER XII \r\nOF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS \r\n230. \"Coin\" defined Pakistan 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 \r\nfor counterfeiting coin \r\nif Pakistan coin \r\n236. Abetting in Pakistan the counterfeiting out of Pakistan of coin \r\n237. Import or export of counterfeit 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 ft is \r\ncounterfeit \r\n241. Delivery of coin as genuine, which, when first possessed, the deliverer \r\ndid not know to be counterfeit \r\n242. Possession of counterfeit coin by person who knew It to be counterfeit \r\nwhen he became possessed thereof \r\n243. Possession of Pakistan coin by person who knew it to be counterfeit \r\nwhen he became possessed thereof \r\n244. Person  employed  in  mint  causing  coin  to  be  of  different  weight  or \r\ncomposition from that fixed by law \r\n245. Unlawfully taking coining instrument from mint \r\n246. Fraudulently or dishonestly diminishing weight or altering composition \r\nof coin \r\n247. Fraudulently or dishonestly diminishing weight or altering composition \r\nof Pakistan coin \r\n248. Altering appearance of coin with intent that ft shall pass as coin of \r\ndifferent Description \r\n249. Altering appearance of Pakistan coin with intent that it shall pass as \r\ncoin 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\n252. Possession of coin by person who knew it to be altered when he \r\nbecame possessed thereof \r\n253. Possession of Pakistan coin by person who knew it to be altered when \r\nhe became possessed thereof \r\n254. Delivery of coin as genuine which, when first possessed, the deliverer \r\ndid not know to be altered \r\n255. Counterfeiting Government stamp \r\n256. Having possession of instrument or material for counterfeiting \r\nGovernment 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 \r\nremoving from  document  a  stamp  used  for  it,  with  intent  to  cause  \r\nloss  to Government \r\n262. Using Government stamp known to have been before used \r\n263. Erasure of mark denoting that has been used \r\n263-A. Prohibition of fictitious stamp \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\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 driving 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\n293. Sale, etc., of obscene objects to young person \r\n294. Obscene acts and songs \r\n294-A.Keeping lottery office \r\n294-B.Offering of prize in connection with trade, etc \r\nCHAPTER XV \r\nOF OFFENCES RELATING TO RELIGION \r\n295. Injuring or defiling place of worship, with intent to insult the religion of \r\nany class \r\n295-A.Deliberate and malicious acts intended to outrage religious feelings of \r\nany class by insulting Its religion or religious beliefs \r\n295-B.Defiling, etc., of Holy Qur'an \r\n295-C.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\n298-A.Use of derogatory remarks, etc. in respect of holy personages \r\n298-B.Misuse of epithets, descriptions and titles, etc. reserved for certain holy \r\npersonages or places \r\n298-C.Person of Quadiani group, etc., calling himself a Muslim or preaching or \r\npropagating his faith \r\nCHAPTER XVI \r\nOF OFFENCES AFFECTING THE HUMAN BODY  \r\nOF OFFENCES AFFECTING LIFE \r\n299. Definitions \r\n300. Qatl-e-Amd \r\n301. Causing death of person other than the person whose death was \r\nintended \r\n302. Punishment of qatl-i-amd \r\n303. Qatl committed under ikrah-i-tam or ikrah-i-naqis \r\n304. Proof of qatl-i-amd liable to qisas. etc \r\n305. Wali \r\n306. Qatl-i-amd not liable to qisas \r\n307. Cases in which Qisas for qatl-i-amd shall not be enforced \r\n308. Punishment in qatl-i-amd not liable to qisas, etc \r\n309. Waiver (Afw) of qias in qatl-i-amd \r\n310. Compounding of qisas (Sulh) in qatl-i-amd \r\n311. Ta'zir after waiver or compounding of right of qisas in qatl-i-amd \r\n312. Qatl-i-amd after waiver or compounding of qisas \r\n313. Right of qisas in qatl-i-amd \r\n314. Execution of qisas in qatl-i-amd \r\n315. Qatl shibh-i-amd \r\n316. Punishment for qatl shibh-i-amd \r\n317. Person committing qatl debarred from succession \r\n318. Qatl-i-khata \r\n319. Punishment for qatl-i-khata \r\n320. Punishment for qatl-i-khata by rash or negligent driving \r\n321. Qatl-bis-sabab \r\n322. Punishment for qatl bis-sabab \r\n323. Value of diyat \r\n324. Attempt to commit qatl-i-amd \r\n325. Attempt to commit suicide \r\n326. Thug \r\n327. Punishment \r\n328. Exposure  and  abandonment  of  child  under  twelve  years  by  parent  \r\nor person having care of it \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. Itiaf-i-udw \r\n334. Punishment for Itlaf-l-udw \r\n335. Itlaf-i-salahiyyat-i-udw \r\n336. Punishment for Itlaf-i-salahiyyat-i-udw \r\n337. Shajjah \r\n337-A.Punishment of shajjah \r\n337-B.Jurh \r\n337-C.Jaifah \r\n337-D.Punishment for jaifah \r\n337-E.Ghayr-jaifah \r\n337-F.Punishment of ghayr-jaifah \r\n337-G.Punishment for hurt by rash or negligent driving \r\n337-H.Punishment for hurt by rash or negligent act \r\n337-I.Punishment for causing hurt by mistake (khata) \r\n337-J.Causing hurt by means of a poison \r\n337-K.Causing hurt to extort confession, or to compel restoration of property \r\n337-L.Punishment for other hurt \r\n337-M.Hurt not liable to qisas \r\n337-N.Cases in which qisas for hurt shall not be enforced \r\n337-O.Wali in case of hurt \r\n337-P.Execution of qisas for hurt \r\n337-Q. Arsh for single organs \r\n337-R. Arsh for organs in pairs \r\n337-S. Arsh for the organs in quadruplicate \r\n337-T. Arsh for fingers \r\n337-U. Arsh for teeth \r\n337-V.  Arsh for hair \r\n337-W.Merger of arsh \r\n337-X.Payment of arsh \r\n337-Y.Value of daman \r\n337-Z.Disbursement of arsh or daman \r\n338. Isqat-i-Hamal \r\n338-A.Punishment for Isqat-i-hamI \r\n338-B.lsqat-i-janin \r\n338-C.Punishment for Isqat-i-janin \r\n338-D.Confirmation of sentence of death by way of qisas or tazir, etc \r\n338-E.Waiver or compounding of offences \r\n338-F.Interpretation \r\n338-G.Rules \r\n338-H.Saving \r\nCHAPTER XVI-A \r\nOF WRONGFUL RESTRAINT & 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 \r\nissued \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  \r\nproperty \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 \r\nprovocation \r\n353. Assault or criminal force to deter public servant from discharge of his \r\nduty \r\n354. Assault or criminal force to woman with intent to outrage her modesty \r\n354-A. Assault or use of criminal force to woman and stripping her of her \r\nclothes \r\n355. Assault or criminal force with intent to dishonour a person, otherwise \r\nthan on grave provocation \r\n356. Assault or criminal force in attempt to commit theft of property carried \r\nby a person \r\n357. Assault or criminal force in attempting wrongfully to confine 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, etc \r\n361. Kidnapping from lawful guardianship \r\n362. Abduction \r\n363. Punishment for kidnapping \r\n364. Kidnapping or abducting In order to murder \r\n364-A.Kidnapping or abducting a person under the age of fourteen \r\n365. Kidnapping or abducting with intent secretly and wrongfully to confine \r\nperson \r\n365-A.Kidnapping or abducting for extorting property, valuable security, etc \r\n366. Kidnapping, abducting or inducing woman to compel her marriage, etc \r\n366-A.Procuration of minor girl \r\n366-B.Importation of girl from foreign country \r\n367. Kidnapping  or  abducting  in  order  to  subject  person  to  grievous  \r\nhurt, slavery, etc \r\n368. Wrongfully concealing or keeping in confinement, kidnapped or \r\nabducted person \r\n369. Kidnapping or abducting child under ten years with intent to steal from \r\nits person \r\n370. Buying or disposing of any person as a slave \r\n371. Habitual dealing in slaves \r\n372. Selling minor for purposes of prostitution, etc \r\n373. Buying minor for purposes of prostitution, etc \r\n374. Unlawful compulsory labour \r\nOf Rape \r\n375. Rape \r\n376. Punishment of rape \r\n377. Unnatural offences \r\nCHAPTER XVII \r\nOf Unnatural Offences \r\n378. Theft \r\nOF OFFENCES AGAINST PROPERTY Of Theft \r\n379. Punishment for theft \r\n380. Theft in dwelling house, etc \r\n381. Theft by clerk or servant or property in possession of master \r\n381 -A.Theft of a car or other motor vehicles \r\n382. Theft after preparation made for causing death, hurt or restraint in order \r\nto the committing of the theft \r\nOf Extortion \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 \r\nextortion \r\n388. Extortion by threat of accusation of an offence punishable with death or \r\nimprisonment for life, etc \r\n389. Putting  person  in  fear  of  accusation  of  offence,  in  order  to  commit \r\nextortion \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\n402-A. Hijacking \r\n402-B. Punishment for Hijacking \r\n402-C. Punishment for harbouring hijacking etc \r\nOf Criminal Misappropriation of Property \r\n403-  Dishonest misappropriation of property \r\n404. Dishonest misappropriation of property possessed by deceased person \r\nat 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 (.rust by clerk w servant \r\n409. Criminal breach of trust by public servant, or by banker, merchant or \r\nagent \r\nOf Receiving of Stolen Property \r\n410. Stolen property \r\n411. Dishonestly receiving stolen property \r\n412. Dishonestly receiving stolen property in the commission of a dacoity \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 \r\ninterest offender is bound to protect \r\n419. Punishment for cheating by personation \r\n420. Cheating and dishonestly inducing delivery of property \r\nOf Fraudulent Deeds and Dispossession of Property \r\n421. Dishonest or fraudulent removal or concealment of property to prevent \r\ndistribution among creditors \r\n422. Dishonestly or fraudulently preventing debt being available for creditors \r\n423. Dishonest or fraudulent execution of deed of transfer containing false  \r\nstatement of consideration \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 \r\nthe value of fifty rupees \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 \r\nattended with damage \r\n433. Mischief by destroying, moving or rendering fess useful a light house or \r\nsea-mark \r\n434. Mischief  by  destroying  or  moving,  etc.,  a  land-mark  fixed  by  public \r\nauthority \r\n435. Mischief by fire or explosive substance with intent to cause damage to \r\namount of one hundred rupees or (In case of agricultural produce) ten \r\nrupees \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 \r\ntwenty tons burden \r\n438. Punishment for the mischief described in Section 437 committed by fire \r\nor explosive substance \r\n439. Punishment for intentionally running vessel aground or ashore with \r\nintent to commit theft, etc \r\n440. Mischief committed after preparation made for causing death or hurt \r\nOf Criminal Trespass \r\n441. Criminal trespass \r\n442. House-trespass \r\n443. Lurking house-trespass \r\n444. Lurking house-trespass by night \r\n445. House-breaking \r\n446. House-breaking by night \r\n447. Punishment for criminal trespass \r\n448. Punishment for house-trespass \r\n449. House-trespass in order to commit offence punishable with death \r\n450. House-trespass in order to commit offence punishable with \r\nimprisonment for life \r\n451. House-trespass in order to commit offence punishable with \r\nimprisonment \r\n452. House-trespass after preparation for hurt, assault or wrongful restraint \r\n453. Punishment for lurking house-trespass or house-breaking \r\n454. Lurking  house  trespass  or  house-breaking  in  order  to  commit  \r\noffence punishable with imprisonment \r\n455. Lurking house-trespass  or  house-breaking  after  preparation  for  hurt, \r\nassault or wrongful restraint \r\n456. Punishment for lurking house-trespass or house-breaking by night \r\n457. Lurking house-trespass or house-breaking by night in order to commit \r\noffence punishable with imprisonment \r\n458. Lurking house-trespass or house-breaking by night after preparation for \r\nhurt, assault or wrongful restraint \r\n459. Hurt caused, whilst committing lurking house-trespass or house-\r\nbreaking \r\n460. Persons jointly concerned in lurking house-trespass or house breaking \r\nby night punishable for qatl 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 \r\ncustody \r\nCHAPTER XVIII \r\nOF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR \r\nPROPERTY MARKS \r\n463. Forgery \r\n464. Making a false document \r\n465. Punishment for forgery \r\n466. Forgery or record of Court or of public register, etc \r\n467. Forgery of 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 \r\nforgery punishable under Section 467 \r\n473. Making or possessing counterfeit sea), etc., with intent to commit \r\nforgery punishable otherwise \r\n474. Having possession of document described in Section 466 or 467 \r\nknowing it to be forged and intending to use it as genuine \r\n475. Counterfeiting device or mark used for authenticating documents \r\ndescribed in Section 467, or possessing counterfeit marked material \r\n476. Counterfeiting device or mark used for authenticating documents other \r\nthan those described in Section 467, or possessing counterfeit marked \r\nmaterial \r\n477. Fraudulent cancellation,  destruction,  etc.,  of  will,  authority  to  adopt,  \r\nor valuable security \r\n477-A. 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 trade-mark 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 \r\nor 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 Currency-Notes and Bank-Notes \r\n489-A.Counterfeiting currency-notes or bank-notes \r\n489-B.Using as genuine forged or counterfeit currency-notes or bank-notes \r\n489-C.Possession of forged or counterfeit currency-notes or bank notes \r\n489-D.Making or possessing-instruments or materials for forging or  \r\ncounterfeiting currency-notes or bank-notes \r\nCounterfeiting currency-notes or bank-notes \r\n489-E.Making or using documents resembling currency-notes, or bank-notes \r\n489-F.Counterfeiting of using documents resembling National Prize Bonds or \r\nun- authorised sate thereof \r\nCHAPTER XIX \r\nOF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE \r\n490.  Breach of contract of service during voyage or journey \r\n491.  Breach of contract to attend on any supply wants of helpless person \r\n492.  Breach of contract to serve at distant place to which servant is \r\nconveyed at master's expense \r\nCHAPTER XX \r\nOF OFFENCES RELATINGTO MARRIAGE \r\n493. Cohabitation  caused  by  a  man  deceitfully  inducing  a  belief  of  \r\nlawful marriage \r\n494. Marrying again during lifetime of husband or wife \r\n495. Same offence with concealment of former marriage from person with \r\nwhom subsequent marriage is contracted \r\n496. Marriage ceremony fraudulently gone through without lawful marriage \r\n497. Adultery \r\n498. Enticing or taking away or detaining criminal intent a marriage woman \r\nCHAPTER XXI OF DEFAMATION \r\n499. Defamation \r\nImputation of truth which public good requires to be made or published \r\nPublic conduct of public servants \r\nConduct of any person touching any public question \r\nPublication of reports of proceedings of Courts \r\nMerits  of  case  decided  in  Court  or  conduct  of  witnesses  and  other \r\nconcerned \r\nMerits of public performance \r\nCensure  passed  in  good  faith  by  person  having  lawful  authority  \r\nover another \r\nAccusation preferred in good faith to authorised person \r\nImputation made in good faith by person for protection of his or other's \r\ninterest \r\nCaution Intended for good of person to whom conveyed or for public \r\ngood \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\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. Statements 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 \r\nobject of Divine displeasure \r\n509. Word, gesture or act intended to insult the modesty of a woman \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 \r\nimprisonment for life or for a shorter terms \r\nTEXT \r\nPAKISTAN PENAL CODE \r\n(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 Pakistan. \r\nIt is enacted as follows:– \r\n1. Title and extent of operation of the Code.– This Act shall be called the \r\nPakistan Penal Code, and shall take effect throughout Pakistan. \r\n2. Punishment of offences committed within Pakistan.– Every person shall \r\nbe liable to punishment under this Code and not otherwise for every act or omission \r\ncontrary to the provisions thereof, of which he shall be guilty within Pakistan. \r\n3. Punishment of offences committed beyond, but which by law may be \r\ntried within Pakistan.– Any person liable, by any Pakistan Law, to be tried for an \r\noffence committed beyond Pakistan shall be dealt with according to the provision of \r\nthis Code for any act committed beyond Pakistan in the same manner as if such act \r\nhad been committed within Pakistan. \r\n4. Extension of Code for extra-territorial offences.– The provisions of this \r\nCode apply also to any offence committed by.– \r\n[(1) any citizen of Pakistan or any person in the service of Pakistan in any \r\nplace without and beyond Pakistan]; \r\nSub-sec.(1) subs. by the Federal Laws (Revision and Declaration) \r\nOrdinance, XXVII of 1981. \r\n(2) [As amended byA.0.1949 Sch. has been omitted by AO.1961, Art.2 \r\nand Sch.(w.e.f.23rd March, 1956)]; \r\n(3) [Omitted by the Federal Laws (revision and Declaration) Ordinance, \r\nXXVII of 1981]; \r\n(4) any person on any ship or aircraft registered in Pakistan wherever it \r\nmay be. \r\nExplanation.– In this section the word \"offence\" includes every act committed \r\noutside Pakistan which, if committed in Pakistan, would be punishable under this \r\nCode. \r\nIllustrations \r\n(a) A a Pakistani subject, commits a murder in Uganda. He can be tried \r\nand convicted of murder in any place in Pakistan in which he may be found. \r\n(b) [Omitted by Federal Laws (Revision & Declaration) Ordinance, \r\nXXVII of 1981]. \r\n[(c) C, a foreigner who is in the service of Pakistan commits a murder in \r\nLondon. He can be tried and convicted of murder at any place in Pakistan in which \r\nhe may be found.] Clause (c) subs. by the Federal Laws (Revision & Declaration) \r\nOrdinance, XXVII of 1981. \r\n(d) D, a British subject living in Junagadh, instigates E to commit a murder \r\nin Lahore. D is guilty of abetting murder. \r\n5. Certain laws not to be affected by this Act.– Nothing in this Act is intended \r\nto repeal, vary, suspend or affect any of the provisions of any Act for punishing \r\nmutiny and desertion of officers, soldiers, sailors or airmen in the service of the State \r\nor of any special or local law]. \r\nSec.5 subs.by the Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981 \r\nCHAPTER II \r\nGENERAL EXPLANATIONS \r\n6. Definitions in the Code to be understood subject to exceptions.– \r\nThroughout this Code every definition of an offence, every penal provision and every \r\nillustration of every such definition or penal provision, shall be understood subject to \r\nthe exceptions contained in the chapter entitled \"General Exceptions,\" though those \r\nexceptions are not repeated in such definition, penal provision or illustration. \r\nIllustrations \r\n(a) The section in this Code, which contain definitions of offences, , do not \r\nexpress that a child under seven years of age cannot commit such offence; but the \r\ndefinitions are to be understood subject to the general exception which provides that \r\nnothing shall be an offence which is done by a child under seven years of age. \r\n(b) A, a police officer, without warrant, apprehends Z who has committed \r\nmurder. Here 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 genera) exception ' \r\nwhich provides that \"nothing is an offence which is done by a person who is bound \r\nby law to do it.\" \r\n7. Sense of expression once explained.– Every expression which is explained \r\nin any part of this Code is used in every part of this Code in conformity with the \r\nexplanation. \r\n8. Gender.– The pronoun \"he\" and its derivatives are used of any person, \r\nwhether male or female. \r\n9. Number.– Unless the contrary appears from the context, words importing the \r\nsingular number include the plural number, and words importing the plural number \r\ninclude the singular number. \r\n10. \"Man\"; \"Woman\".– The word \"man\" denotes a male human being of any \r\nage; the words \"woman\" denotes a female human being of any age. \r\n11. “Person\".– The word \"person\" includes any Company or Association, or body \r\nof persons, whether incorporated or not. \r\n12. \"Public\".– The word \"Public\" includes any class of the public or any \r\ncommunity. \r\n13. Definition of \"Queen\".– [Omitted by A.0., 1961, Art.2 and Sched.(w.e.f. the \r\n23rd March, 1965)]. \r\n14. \"Servant of the State\".– The words \"servant of the State\" denote all officers \r\nor servants continued/appointed or employed in Pakistan, by or under the authority \r\nof the Federal Government or any Provincial Government. \r\n15. Definition of British-India '.[Rep.byA.0., 1937]. \r\n16. Definition of \"Government of India\".– [Rep.by AO.1937]. \r\n17. \"Government\".– The word \"Government\" denotes the person or persons \r\nauthorized by law to administer executive Government in Pakistan, or in any part \r\nthereof. \r\n18. Definition of Presidency.– [Rep.by A.O., 1937]. \r\n19. \"Judge\".– The word \"Judge\" denotes not only every person who is officially \r\ndesignated as a Judge, but also every person,\" Who is empowered by law to give, in \r\nany legal proceeding, civil or criminal, a definitive judgment or a judgment which, if \r\nnot appealed against, would be definitive, or a judgment which, if confirmed by some \r\nother authority, would be definitive, or Who is one of a body of persons, which body \r\nof persons is empowered by law to give such Judgment. \r\nIllustrations \r\n(a) [Omitted by the Federal Laws (Revision & Declaration Ordinance, \r\nXXV// of 1981]. \r\n(b) A Magistrate exercising jurisdiction in.respect of a charge on which he \r\nhas power to sentence to fine or imprisonment with or without appeal, is a Judge. \r\n(c) [Rep.by the Federal Laws (Revision and Declaration) Act 1951 (26 of \r\n1951), Section 3 and 11, Schedule]. \r\n(d) [Omitted by the Federal Laws (Revision & Declaration Ordinance, \r\nXXVII of 1981], \r\n20. \"Court of Justice\".– The words \"Court of Justice denote a Judge who is \r\nempowered by law to act judicially alone, or a body of Judges which is empowered \r\nby law to act judicially as a body, when such Judge or body of Judges is acting \r\njudicially. \r\n21. \"Public servant\".– The words \"public servant\" denotes a person falling under \r\nany of the descriptions herein after following, namely.– \r\nFirst.–  [Omitted by the Federal Laws (Revision and Declaration) Ordinance, \r\nXXV// of 1981]. \r\nSecond.–Every Commissioned Officer in the Military, Naval or Air Forces of \r\nPakistan while serving under the Federal Government or any \r\nProvincial Government; \r\nThird.–    Every Judge; \r\nFourth.–  Every officer of a Court of Justice whose duty it is, as such officer, to \r\ninvestigate or report on any matter of law or fact, or to make, \r\nauthenticate, or keep any document, or to take charge or dispose of \r\nany property, or to execute any judicial process, or to administerany \r\noath, or to interpret, or to preserve order in the Court; and every \r\nperson specially authorized by a Court of Justice to perform any of \r\nsuch duties; \r\nFifth.–    Every juryman, assessor, or member of a panchayat assisting a \r\nCourt of Justice or public servant; \r\nSixth.–   Every arbitrator or other person to whom any cause or matter has \r\nbeen referred for decision or report by any Court of Justice, or by \r\nany other competent public authority; \r\nSeventh.–Every person who holds any office by virtue of which he is  \r\nempowered to place or keep any person in confinement; \r\nEighth.–   Every officer of the Government whose duty it is, as such officer, to \r\nprevent offences, to give information of offences, to bring offenders \r\nto justice, or to protect the public health, safety or convenience; \r\nNinth.–   Every officer whose duty it is, as such officer, to take, receive, keep \r\nor expend any property on behalf of the Government, or to make \r\nany survey, assessment or contract on behalf of the Government, \r\nor to execute any revenue process, or to investigate, or to report, or \r\nany matter affecting the pecuniary interests of the Government, or \r\nto make authenticate or keep any document relating to the \r\npecuniary interests of the Government, or to prevent the infraction \r\nof any law for the protection of the pecuniary interests of the \r\nGovernment, and every officer in the service or. pay of the \r\nGovernment or remunerated by fees or commission for the \r\nperformance of any public duty; \r\nTenth .–  Every officer whose duty it is, as such officer, to take, receive, keep \r\nor expend any property, to make any survey or assessment or to \r\nlevy any rate or tax for any secular common purpose of any village, \r\ntown or district, or to make, authenticate or keep any document for \r\nthe ascertaining of the rights of the people of any village, town or \r\ndistrict; . \r\nEleventh.–Every person who holds any office in virtue of which he is \r\nempowered to prepare, publish, maintain or revise an electoral roll \r\nor to conduct an election or part of an elections \r\nIllustration.–A Municipal Commissioner is a public servant. \r\nExplanation 1.– Persons falling under any of the above descriptions are public \r\nservants, whether appointed by the Government or not. \r\nExplanation 2.– Wherever the words \"public servant” occur, they shall be \r\nunderstood of every person who is in actual possession of the situation of a public \r\nservant, whatever legal defect there may be in his right to hold that situation. \r\nExplanation 3.– The word \"election\" denotes an election for the purpose of selecting \r\nmembers of any legislative, municipal or other public authority, of whatever \r\ncharacter, the method of selection to which is by, or under, any law prescribed as by \r\nelection.. \r\n22. Movable property.– The words \"movable property\" are intended to include \r\ncorporeal property of every description, except land and thing attached to the earth, \r\nor permanently fastened to anything which is attached to the earth. \r\n23. Wrongful gain.– \"Wrongful gain\" is gain by unlawful means of property to \r\nwhich the person gaining is not legally entitled. \r\n\"Wrongful loss\".– Wrongful loss\" is the loss by unlawful means of property to \r\nwhich the person losing it is legally entitled. \r\nGaining wrongfully, Losing wrongfully.– A person is said to gain wrongfully \r\nwhen such person retains wrongfully, as well as when such person acquires \r\nwrongfully. A person is said to lose wrongfully when such person is wrongfully kept \r\nout of any property, as well as when such person is wrongfully deprived of property. \r\n24. \"Dishonestly\".– Whoever, does anything with the intention of causing \r\nwrongful gain to one person or wrongful loss to another person, is said to do that \r\nthing \"dishonestly\". \r\n25. \"Fraudulently\".– A person is said to do ,a thing fraudulently if he does that \r\nthing with intent to defraud but not otherwise. \r\n26. \"Reason to believe\".– A person is said to have “reason to believe\" a thing if \r\nhe has sufficient cause to believe that thing but not otherwise. \r\n27. Property in possession of wife, clerk or servant.– When property is in the \r\npossession of a person's Wife, clerk or servant, on account of that person, it is in that \r\nperson's possession within the meaning of this Code. \r\nExplanation.– A person employed temporarily on a particular occasion in the \r\ncapacity of a clerk, 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 \r\nresemble another thing, intending by means of that resemblance to practice \r\ndeception, or knowing it to be likely that deception will thereby be practiced. \r\nExplanation 1.– It is not essential to counterfeiting that the imitation should be \r\nexact. \r\nExplanation 2.– When a person causes one thing to resemble another thing, and \r\nthe resemblance is such that a person might be deceived thereby, it shall be \r\npresumed, until the contrary is proved, that the person so causing the one thing to \r\nresemble the other thing intended\" by means of that resemblance to practice \r\ndeception or knew it to be likely that deception would thereby be practiced. \r\n29. Document.– The word \"document\" denotes any matter expressed or \r\ndescribed upon any substance by means of letters, figures or marks, or by more than \r\none of those means, intended to be used, or which may be used, as evidence of that \r\nmatter. \r\nExplanation 1.– It is immaterial by what means or upon what substance, the letters, \r\nfigures or marks are formed, or whether the evidence is intended for, or may be used \r\nin, a Court of Justice, or not. \r\nIllustrations \r\nA writing expressing the terms of a contract, which may be used as evidence \r\nof the contract, is a document. \r\nA cheque upon a banker is a document. \r\nA Power-of-Attorney is a document. \r\nA map or plan which is intended to be used or which may be used as \r\nevidence, 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 marks as \r\nexplained by mercantile or other usage, shall be deemed to be expressed by such \r\nletter, figure or marks within the meaning of this section, although the same may not \r\nbe actually expressed. \r\nIllustrations \r\nA writes his name on the back of a bill of exchange payable to his order.The \r\nmeaning of the endorsement, as explained by mercantile usage is that the bill is to \r\nbe paid to the holder.The endorsement is a document and must be construed in the \r\nsame manner as if the words \"pay to the holder\" or words to that effect had been \r\nwritten over the signature. \r\n30. \"Valuable security\".– The words \"valuable security denote a document \r\nwhich is, or purports to be a document whereby any legal right is created, extended, \r\ntransferred restricted, extinguished or released, or whereby, any person \r\nacknowledges that he lies under legal liability, or has not certain legal right. \r\nIllustrations \r\nA writes his name on the back of a bill of exchange. As the effect of this \r\nendorsement is to transfer the right to the bill to any person who may become the \r\nlawful holder of it, the endorsement is a \"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 \r\nCode, except where contrary intention appears from the context, words which refer \r\nto acts done extend also to illegal omission. \r\n33. \"Act\", \"Omission\".– The word \"act\" denotes as well a series of acts as a \r\nsingle act; the word \"omission\" denotes as well a series of omissions as a single \r\nomission. \r\n34. Acts done by several persons In furtherance of common intention.– \r\nWhen a criminal act is done by several persons, in furtherance of the common \r\nintention of all, each such person is liable for that act in the same manner as if it \r\nwere done by him alone. \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 \r\nbeing with a criminal knowledge or intention, is done by several persons, each of \r\nsuch persons who joins in the act with such knowledge or intention is liable for the \r\nact in the same manner as if the act were done by him alone with the knowledge or \r\nintention. \r\n36. Effects caused partly by act and partly by omission.– Whenever, the \r\ncausing of a certain effect, or an attempt to cause that effect, by an act or by an \r\nomission, is an offence, it is to be understood that the causing of that effect partly by \r\nan act and pertly by an omission is the same offence. \r\nIllustrations \r\nA intentionally causes Z's death, partly by illegally omitting to give Z food and \r\npartly by beating Z. A has committed murder. \r\n37. Co-operation by doing one of several acts constituting an offence.– \r\nWhen an offence is committed by means of several acts, Whoever, intentionally co-\r\noperates in the commission of that offence by doing any one of those acts, either \r\nsingly or jointly with any other person, commits that offence. \r\nIllustrations \r\n(a) A and B agree to murder Z by severally and at different times giving \r\nhim small dose of poison. A and B administer the poison according to the agreement \r\nwith intent to murder Z.Z dies from the effects of the several doses of poison so \r\nadministered to him. Here A and B intentionally co-operate in the commission of \r\nmurder and as each of them dose an act by which the death is caused, they are both \r\nguilty of the offence though their acts are separate. \r\n(b) A and B are joint jailors, and as such, have the charge of Z, a prisoner, \r\nalternately for six hours at a time. A and B, intending to cause Z's death, knowingly \r\nco-operate in causing that effect by illegally omitting, each during the time of his \r\nattendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger.\r\n Both A and B are guilty of the murder of Z. \r\n(c) A, a jailor, has the charge of Z, a A intending to cause Z's death, \r\nillegally omits to supply Z with food; in consequence of which Z is much reduced in \r\nstrength, but the starvation is not sufficient to cause his death. A is dismissed from \r\nhis office, and B succeeds him. B, without collusion or co-operation with A, illegally \r\nomits to supply Z with food, knowing that he is likely thereby to cause Z's death, Z \r\ndies of hunger. B is guilty of murder, but as A did not co-operate with B, A is guilty \r\nonly of an attempt to commit murder. \r\n38. Persons concerned in criminal act may be guilty of different offences.– \r\nWhere several persons are engaged or concerned in the commission of a criminal \r\nact, they may be guilty of different offences by means of that act. \r\nIllustrations \r\nA attacks Z under such circumstances of grave provocation that his killing of Z \r\nwould be only culpable homicide not amounting to murder. B having ill-will towards Z \r\nand intending to kill him, and not having been subject to the provocation, assist A in \r\nkilling Z. Here, though A and B are both engaged in causing Z's death, B is guilty of \r\nmurder, and A is guilty only of culpable homicide. \r\n39. \"Voluntarily\".– A person is said to cause an effect \"voluntarily\" when he \r\ncauses it by means whereby he intended to cause it, or by means which, at the time \r\nof employing those means, he knew or had reason to believe to be likely to cause it. \r\nIllustrations \r\nA sets fire, by night, to an inhabited house in a large town, for the purpose of \r\nfacilitating robbery and thus causes the death of a person. Here, A may not have \r\nintended to cause death, and may even be sorry that death has been caused by his \r\nact; yet, if he knew that he was likely to cause death; he has caused death \r\nvoluntarily. \r\n40. \"Offence\".– Except in the chapters and sections mentioned in clauses 2 and \r\n3 of this section, the word \"offence\" denotes a thing made punishable by this Code.In \r\nChapter IV, Chapter V-A and in the following sections, namely, Sections 64, 65, 66, \r\n67, 71, 109, 110, 112.114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214.221, \r\n222, 223.224, 225, 327, 328.329,330.331,347,348, 388, 389 and 445, the word \r\n\"offence\" denotes a thing punishable under this Code, or under, any/special or local \r\nlaw as hereinafter defined. \r\nAnd in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word \"offence\" \r\nhas the same meaning when the thing punishable under the special or local law is \r\npunishable under such law with imprisonment for a term of six months or upwards, \r\nwhether 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 particular part of the \r\nterritories comprised in 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 \r\naction, and a person is said to be \"legally bound to do\" whatever it is illegal in him to \r\nomit. \r\n44. \"Injury\".– The \"injury\" denotes any harm. Whatever illegally caused to any \r\nperson, in body, mind, reputation or property. \r\n45. \"Life\".– The word \"life\" denotes the life of a human being, unless the contrary \r\nappears from the context. \r\n46. “Death”.–The word \"death\" denotes the death of a human being unless the \r\ncontrary appears from the context. \r\n47. “Animal\".–The word \"animal\" denotes any living creature other than a human \r\nbeing. \r\n48. \"Vessel\".– The word \"vessel\" denotes anything made for the conveyance by \r\nwater of human beings or of property. \r\n49. \"Year”; \"Month\".– Wherever the word \"year\" or the word \"month\" is used, it \r\nis to be understood that the year or the month is to be reckoned according to the \r\nBritish calendar. \r\n50. \"Section\".– The word \"section\" denotes one of those portions of a chapter of \r\nthis Code which are distinguished by prefixed numeral figures. \r\n51. \"Oath''.– The word \"oath\" includes a solemn affirmation substituted by law for \r\nan oath, and any declaration required or authorized by law to be made before a \r\npublic servant or, to be used for the purpose of proof, whether in a Court of Justice \r\nor not. \r\n52. \"Good faith\".– Nothing is said to be done or believed in \"good faith\" Which is \r\ndone or believed without due care and attention. \r\n52-A. \"Harbour\".– Except in Section 157, and in Section, 130 in the case in which \r\nthe harbour is given by the wife or husband of the person harboured, the word \r\n\"harbour\" includes the supplying a person with shelter, food, drink, money, clothes, \r\narms; ammunition or means of conveyance, or assisting a person by any means, \r\nwhether of the same kind as, those enumerated in this section or not, to evade \r\napprehension. \r\nSection 52-A inst. by the Penal Code (Amendment) Act, VII! of 1942 \r\nCHAPTER III \r\nOF PUNISHMENTS. \r\n[53. Punishments.– The punishments to which offenders are liable under the \r\nprovisions of this 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\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\nSection 53 subs.by the Criminal Law (Amendment) Act, II of 1997 \r\n54. Commutation of sentence of death.– In every case in which sentence of \r\ndeath shall have been passed the Federal Government or the Provincial \r\nGovernment of the Province within which the offender shall have been sentenced \r\nmay, without the consent of the offender, commute the punishment for any other \r\npunishment provided by this Code.– \r\n[Provided, that, in a case in which sentence of death shall have been passed \r\nagainst an offender convicted for an offence of qatl, such sentence shall not be \r\ncommuted without the consent of the heirs of the victim]. \r\nProviso added by the Criminal Law (Amendment) Act, II of 1997 \r\n55. Commutation of sentence of imprisonment for life.– In every case in \r\nwhich sentence of imprisonment for life shall have been passed, the Provincial \r\nGovernment of the Province within which the offender, shall have been sentenced \r\nmay, without the consent of the offender, commute the punishment for imprisonment \r\nof either description for a term not exceeding fourteen years.– \r\nProvided that, in a case in which sentence of imprisonment for life shall have \r\nbeen passed against an offender convicted for an offence punishable under Chapter \r\nXVI, such punishment shall not be commuted without the consent of the victim or, as \r\nthe case may be, of his heirs. \r\nProviso added by the Criminal Law (Amendment) Act, II of 1997 \r\n55-A. Saving for President prerogative.– Nothing in Section fifty-four or Section \r\nfifty-five shall derogate from the right of the President to grant pardons, reprieves, \r\nrespites or remissions of punishment.– \r\nProvided that such right shall not without the consent of the victim or, as the \r\ncase may be. of the heirs of the victim, be exercised for any sentence awarded under \r\nChapter XVI], \r\nSection 55-A and proviso ins. by A.O., 1937. \r\n56. Sentence of Europeans and Americans to penal servitude.– [Rep. by \r\nthe Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), \r\nSchedule.] \r\n57. Fractions of terms of punishment.– In calculating fractions of terms of \r\npunishment, imprisonment for life shall be reckoned as equivalent to imprisonment \r\nfor twenty-five years. \r\n58. Offenders sentenced to transportation how dealt with until, \r\ntransported.– [Omitted by the Law Reforms Ordinance, XII of 1972, S.2]. \r\n59. Transportation instead of imprisonment.– [Omitted by the Law Reforms \r\nOrdinance, XII of 1972, S.2]. \r\n60. Sentence may be (in certain cases of imprisonment) wholly or partly \r\nrigorous or simple.– In every case in which an offender is punishable with \r\nimprisonment which may be of either description, it shall be competent to the Court \r\nwhich sentences such offender to direct in the sentence that such imprisonment shall \r\nbe wholly rigorous, or that such imprisonment shall be wholly simple, or that any part \r\nof such imprisonment shall be rigorous and the rest simple. \r\n61. Sentence of forfeiture of property.– [Repealed by .the Penal Code \r\n(Amendment) Act, XVI of 1921, S.4]. \r\n62. Forfeiture of property, in respect of offenders punishable with death, \r\ntransportation or imprisonment.– [Repealed by the Penal Code (Amendment) Ad, \r\nXV of 1921, S.4]. \r\n63. Amount of fine.– Where no sum is expressed to which a fine may extend, \r\nthe amount of fine to which the offender is liable is unlimited, but shall not be \r\nexcessive. \r\n64. Sentence of imprisonment for non-payment of fine.– In every case of an \r\noffence punishable with imprisonment as well. as fine, in which the offender is \r\nsentenced to a fine, whether with or without imprisonment, and in every case of an \r\noffence punishable with imprisonment or fine, or with fine only, in which the offender \r\nis sentenced to a fine, it shall be competent to the Court which sentences such \r\noffender to direct by the sentence that, in default of payment of the fine, the offender, \r\nshall suffer imprisonment for a certain term, which imprisonment shall be. in excess \r\nof any other imprisonment to which he may have been sentenced or to which he may \r\nbe liable under a commutation of a sentence. \r\n65. Limit to imprisonment for non-payment of fine, when imprisonment and \r\nfine awardable.– The term for which the Court directs the offender to be imprisoned \r\nin default of payment of a fine shall, not exceed one-fourth of the term of \r\nimprisonment, which is the maximum fixed for the offence, if the offence be \r\npunishable with imprisonment as well as fine. \r\n66. Description of imprisonment for non-payment of fine.– The imprisonment \r\nwhich the Court imposes in default of payment of a fine may be of any description to \r\nwhich the offender might have been sentenced for the offence. \r\n67. Imprisonment for non-payment of fine When offence punishable with \r\nfine only.– If the offence be punishable with fine only.– the imprisonment which \r\nthe Court imposes in default of payment of the fine shall be simple, and the term for \r\nwhich the Court directs the offender to be imprisoned, in default of payment of fine, \r\nshall not exceed the following scale that is to say, for any term not exceeding two \r\nmonths when the amount of the fine shall not exceed fifty rupees, and for any term \r\nnot exceeding four months when the amount shall not exceed, one hundred rupees, \r\nand for any term not exceeding six months in any other case. \r\n68. Imprisonment to terminate on payment of fine.– The imprisonment which \r\nis imposed in default of payment of a fine shall terminate Whenever, that fine is \r\neither paid or levied by process of law. \r\n69. Termination of imprisonment on payment of proportional part of fine.– If, \r\nbefore the expiration of the term of imprisonment fixed in default of payment, such a \r\nproportion of the fine be paid or levied that the term of imprisonment suffered in \r\ndefault of payment is not less than proportional to the part of the fine still unpaid, the \r\nimprisonment shall terminate. \r\nIllustrations \r\nA is sentenced to fine of one hundred rupees and to four months, \r\nimprisonment in default of payment. Here, seventy-five rupees of the fine be \r\npaid or levied before the expiration of one month of the imprisonment. A will be \r\ndischarged as soon as the first month has expired, if seventy-five rupees be paid or \r\nlevied at the time of the expiration of the first month, or at any later time while . A \r\ncontinues imprisonment. A will be immediately discharged, if fifty rupees of the fine \r\nbe paid or levied before the expiration of two months of the imprisonment, A will be \r\ndischarged as soon as the two months are completed, if fifty rupees be paid or levied \r\nat the time of the expiration of those two months, or at any later time while A \r\ncontinues in imprisonment, A will be immediately discharged. \r\n70. Fine leviable within six years, or during imprisonment-Death not to \r\ndischarge property from liability.– The fine or any part thereof which remains \r\nunpaid, may be levied at any time within six years after the passing of the \r\nsentence/and if, under the sentence, the offender be liable to imprisonment for a \r\nlonger period than six years, then at any time previous to the expiration of that \r\nperiod; and the death of the offender dose not discharge from the liability any \r\nproperty which would, after his death, be legally liable for his debts. \r\n71. Limit of punishment of offence made up of several offences.– where \r\nanything which is an offence is made up of parts, any of which parts is itself an \r\noffence, the offender shall not be punished with the punishment of more than one of \r\nsuch his offences, unless it be so expressly provided. \r\nWhere anything Is an offence falling within two or more separate definitions of \r\nany law in force 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 \r\nthemselves constitute an offence, constitute, when combined, a different offence, the \r\noffender shall not be punished with a more severe punishment than the Court which \r\ntries him could award for any one of such offence. \r\nIllustrations \r\n(a) A gives Z fifty strokes with a stick. Here A may have committed the \r\noffence of voluntarily causing hurt to Z by the whole beating, and also by each of the \r\nblows which makes up the whole beating. If were liable to punishment for every \r\nblow, they might be imprisoned for fifty years, one for each blow. But he is liable only \r\nto one punishment for the whole beating. \r\n(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, \r\nhere as the blow given to Y is no part of the act whereby A voluntarily cause hurt to \r\nZ, A is liable to one punishment, for voluntarily causing hurt to Z, and to another for \r\nthe blow given to Y. \r\n72. Punishment of person guilty of one of several offences, the judgment \r\nstating that it is doubtful of which.– In all cases in which judgment is given that a \r\nperson is guilty of one of several offences specified in the judgment, but that it is \r\ndoubtful of which of these offences he is guilty, the offender shall be punished for the \r\noffence for which the lowest punishment is provided if the same punishment is not \r\nprovided, for all. \r\n73. Solitary confinement.– Whenever, any person is convicted of an offence for \r\nwhich under this Code the Court has power to sentence him to rigorous \r\nimprisonment, ,the Court may, by its sentence, order that the offender shall be kept \r\nin solitary confinement for any portion or portions of the imprisonment to which he is \r\nsentenced, not exceeding three months in the whole, according to the following \r\nscale, that is to say\" a time not exceeding one month if the term of imprisonment \r\nshall not exceed six months; a time not exceeding two months if the term of \r\nimprisonment shall exceed six months and shall not exceed one year; a time not \r\nexceeding three months if the term of imprisonment shall exceed one year. \r\n74. Limit of solitary confinement.– in executing a sentence of solitary \r\nconfinement, such confinement shall in no case exceed fourteen days at a time, with \r\nintervals between the period of solitary confinement of not less duration than such \r\nperiods, and when the imprisonment awarded shall exceed three months, the solitary \r\nconfinement shall not exceed seven days in any one month of the whole \r\nimprisonment awarded, with intervals between the periods of solitary confinement of \r\nnot less -duration than such periods. \r\n75. Enhanced punishment for certain offenders under Chapter XII or \r\nChapter XVII after previous conviction.– Whoever, having been convicted\" \r\n(a) by a Court in Pakistan of an offence punishable under Chapter XII or \r\nChapter XVII of this Code with imprisonment of either description for a \r\nterm of three years or upwards, or \r\n(b) [Omitted by the Federal Laws (Revision and Declaration), Ordinance, \r\nXXV// of 1981].shall be guilty of any offence punishable under either of \r\nthose Chapters with the imprisonment for the like term, shall be subject \r\nfor every such subsequent offence to imprisonment for life, or to \r\nimprisonment of either description for a term which may extend to ten \r\nyears. \r\nCHAPTER IV \r\nGENERAL EXCEPTIONS \r\n76. Act done by a person bound, or by mistake of fact believing himself \r\nbound, by law.– Nothing is an offence which Is done by a person who is, or who by \r\nreason of a mistake of fact and not reason of a mistake of law in good faith believes \r\nhimself 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 \r\nconformity, with the commands 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 \r\nY and after due 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 \r\nby a Judge when acting judicially in the exercise of any power which is, or which in \r\ngood faith he believes to be,' given to him by law. \r\n78. Act done pursuant to the judgment or order of Court.– Nothing which is \r\ndone in pursuance of, or which is warranted by the judgment or order of, a Court of \r\nJustice, if done whilst such judgment or order remains in force, is an offence, \r\nnotwithstanding the Court may have had no jurisdiction to pass such judgment or \r\norder, provided the person doing the act in good faith believes that the Court had \r\nsuch jurisdiction. \r\n79. Act done by a person justified, or by mistake of fact believing himself \r\njustified, by law.– Nothing is an offence which is done by any person who is \r\njustified by law, or who by reason of a mistake of fact and not by reason of a mistake \r\nof law in good faith, believes himself to be justified by law, in doing it. \r\nIllustrations \r\nA sees Z commit what appears to A to be a murder. A, in the exercise, to \r\nthe best of his judgment, exerted in good faith of the power which the law gives to all \r\npersons of apprehending murders in the act, seizes Z, in order to bring Z before the \r\nproper authorities. A has committed no offence, though it may turn out that Z was \r\nacting in self-defence. \r\n80. Accident in doing a lawful act.– Nothing is an offence which is done by \r\naccident or misfortune, and without any criminal intention or knowledge in the doing \r\nof a lawful act in a lawful manner by lawful means and with proper care and caution. \r\nIllustrations \r\nA is at work with a hatchet; the head flies off and kills a man who is standing \r\nby.Here if there was no want of proper caution on the part of A, his act is excusable \r\nand not an offence. \r\n81. Act likely to cause harm, but done without criminal intent, and to \r\nprevent other harm.– Nothing is an offence merely by reason of its being done with \r\nthe knowledge that it is likely to cause harm, if it be done without any criminal \r\nintention to cause harm, and in good faith for the purpose of preventing or avoiding \r\nother harm to person or property. \r\nExplanation.– It is a question of fact in such a case whether the harm to be \r\nprevented or avoided was of such a nature and so imminent as to justify or excuse \r\nthe risk of doing the act with the knowledge that it was likely to cause harm. \r\nIllustrations \r\n(a) A, the captain of a steam vessel, suddenly and without any fault or \r\nnegligence on his part, finds himself in such a position that, before he can stop his \r\nvessel, he must inevitably run down a boat B, with twenty or thirty passengers on \r\nboard; unless he changes the course of his vessel, and that, by changing his course, \r\nhe must incur risk of running down a boat C with only two passengers on board, \r\nwhich he may possibly clear Here, if A alters his course without any intention to run \r\ndown the boat C and in good faith for the purpose of avoiding the danger to the \r\npassengers in the boat B, he is not guilty of an offence, though he may run down the \r\nboat C by doing an act which he knew was likely to cause that effect, if it be found as \r\na matter of fact that the danger which he intended to avoid was such as to excuse \r\nhim incurring the risk of running down C. \r\n(b) A, in a great fire, pulls down houses in order to prevent the \r\nconflagration from spreading. He does this with the intention in good faith of \r\nsaving human life or property. Here, if it be found that the harm to be prevented \r\nwas of such a nature and so imminent as to excuse A's act, A is not guilty of the \r\noffence. \r\n82. Act of a child under seven years of age.– Nothing is an offence, which is \r\ndone by a child under seven years of age. \r\n83. Act of a child above seven and under twelve of immature \r\nunderstanding.– Nothing is an offence which is done by a child above seven years \r\nof age and under twelve, who has not attained sufficient maturity of understanding to \r\njudge of the nature and consequences of his conduct on that occasion. \r\n84. Act of a person of unsound mind.– Nothing is an offence which is done by \r\na person who, at the time of doing it, by reason of unsoundness of mind, is incapable \r\nof knowing the nature of the act, or that he is doing what is either wrong or contrary \r\nto law. \r\n85. Act of a person incapable of Judgment by reason of intoxication caused \r\nagainst his will.– Nothing is an offence which is done by a person who, at the time \r\nof doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or \r\nthat he is doing what is either wrong, or contrary to law; provided that the thing which \r\nintoxicated him was administered to him without his knowledge or against his will. \r\n86. Offence requiring a particular intent or knowledge committed by one \r\nwho is intoxicated.– In cases where an act done is not an offence unless done with \r\na particular knowledge or intent, a person who dose the act in a state of intoxication \r\nshall be liable to be dealt with as if he had the same knowledge as he would have \r\nhad if he had not been intoxicated, unless the thing which intoxicated him was \r\nadministered 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 \r\nhurt, done by consent.– Nothing which is not intended to cause death, or grievous \r\nhurt, and which is not known by doer to be likely to cause death, or grievous hurt, is \r\nan offence by reason of any harm which it may cause, or be intended by the doer to \r\ncause, to any person, above eighteen years of age, who has given consent, whether \r\nexpress or implied, to suffer that harm; or by reason of any harm which it may be \r\nknown by the doer to be likely to cause to any such person who has consented to \r\ntake the risk of that harm. \r\nIllustrations \r\nA and Z agree to fence with each other for amusement. This agreement \r\nimplies the consent of each to suffer any harm which in the course of such fencing, \r\nmay be caused without foul play; and if A, while playing fairly, hurts Z, A commits no \r\noffence. \r\n88. Act not intended to cause death, done by consent in good faith for \r\nperson's Benefit.– Nothing, which is not intended to cause death, is an offence by \r\nreason of any harm which it may cause, or be intended by the doer to cause, or be \r\nknown by the doer to be likely to cause, to any person for whose benefit it is done in \r\ngood faith, and who has given a consent, whether express or implied, to suffer that \r\nharm, or to take the risk of that harm. \r\nIllustrations \r\nA, a surgeon, knowing that a particular operation is likely to cause of death of \r\nZ, who suffers under the painful complaint, but not intending to cause Z's death, and \r\nintending, in good faith for Z's benefit, performs that operation on Z. with Z's consent.\r\n A has-committed no offence. \r\n89. Act done In good faith for benefit of child or insane person, by or by \r\nconsent of guardian.– Nothing which is done in good faith for the benefit of a \r\nperson under twelve years of age, or of unsound mind, by or by consent, either \r\nexpress or implied, of the guardian or other person having lawful charge of that \r\nperson, is an offence by reason of any harm which it may cause, or be intended by \r\nthe doer to cause or be known by the doer to be likely to cause to that person.– \r\nProvided First.– That this exception shall not extend to the intentional causing \r\nof death, or to the attempting to cause death; \r\nSecondly.– That this exception shall not extend to the doing of anything which \r\nthe person doing it knows to be likely to cause death, for any purpose other than the \r\npreventing of death or grievous hurt; or the curing of any grievous disease or \r\ninfirmity;  \r\nThirdly.– That this exception shall not extend to the voluntary causing of \r\ngrievous hurt, or to the attempting to cause grievous hurt, unless it be for the \r\npurpose of preventing death or grievous hurt, or the curing of any grievous disease \r\nor infirmity; \r\nFourthly.– That this exception shall not extend to the abetment of any offence, \r\nto the committing of which offence it would not extend. \r\nIllustrations \r\nA, in good faith, for his child's benefit without his child's consent, has his child \r\ncut for the stone by \"a surgeon, knowing it to be likely that the operation will cause \r\nthe child's death, but not intending to cause the child's death. A is within the \r\nexception, inasmuch as his object was the cure of the child. \r\n90. Consent known to be given under fear or misconception.– A consent is \r\nnot such a consent as is intended by any action of this Code, if the consent is given \r\nby a person under fear of injury, or under a misconception of fact, and if the person \r\ndoing the act knows, or has reason to believe, that the consent was given in \r\nconsequence of such fear or misconception; or \r\nConsent of insane person.– If the consent is given by a person who, from \r\nunsoundness of mind, or intoxication, is unable to understand the nature and \r\nconsequence of that to which he gives his consent; or \r\nConsent of child.– Unless the contrary appears from the context, if the \r\nconsent is given by a person who is under twelve years of age. \r\n91. Exclusion of acts which are offences independently of harm caused.– \r\nThe exceptions in Sections 87, 88 and 89 do not extend to acts which are offences \r\nindependently of any harm which they may cause, or be intended to cause, or be \r\nknown to be likely to cause, to the person giving the consent or on whose behalf the \r\nconsent is given. \r\nIllustrations \r\nCausing miscarriage (unless caused in good faith for the purpose of saving \r\nthe life of the woman) to an offence independently of any harm which it may cause or \r\nbe intended, to cause to the woman. Therefore it is not an offence by reason of \r\nsuch harm; and the consent of the woman or of her guardian to the causing of such \r\nmiscarriage does not justify the act. \r\n92. Act done in good faith for benefit of a person without consent.– Nothing \r\nan offence by reason of any harm which it may cause to a person by whose benefit it \r\nis done in good faith even without that person's consent, if the Circumstances are \r\nsuch that is impossible for that person to signify consent, or if that person is \r\nincapable of giving consent, and has no guardian or other person in lawful charge of \r\nhim from whom it is possible to obtain consent in time for the thing to be done with \r\nbenefit.– \r\nProvided First.– That this exception shall not extend to the intentional causing \r\nof death, or the attempting to cause death; \r\nSecondly.–  That this exception shall not extend to the doing of anything \r\nwhich the person doing it knows to be likely to cause death, for any purpose other \r\nthan the preventing of death or grievous, hurt, or the curing of any grievous disease \r\nor infirmity; \r\nThirdly.–  That this exception shall not extend to the voluntary causing of hurt, \r\nor to the attempting to cause hurt for any purpose other than the preventing of death \r\nor hurt; \r\nFourthly.–  That this exception shall not extend to the abetment of any \r\noffence, to the committing 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 that \r\nZ requires to be trepanned. A not Intending Z's death but in good faith for Z's benefit, \r\nperforms the trepan before Z recovers his power of judging for himself. A has \r\ncommitted no offence. \r\n(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that \r\nthe shot may kill Z, but not intending to kill Z, and in good faith intending Z's benefit \r\nA's ball gives Z a mortal wound. A has committed no offence. \r\n(c) A, a surgeon, sees child suffer an accident which is likely to prove fatal \r\nunless an operation be immediately performed. There is no time to apply to the \r\nchild's guardian. A performs the operation in spite of the entreaties of the child, \r\nintending, in good faith, the child's benefit. A has committed no offence. \r\n(d) A is in a house which is on fire with Z, a child. People below hold out \r\na blanket. A drops the child from the house-top, knowing it to be likely that the fall \r\nmay kill the child, but not intending to kill the child and intending, in good faith, the \r\nchild's benefit. Here even, 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 \r\n88,89 and 92. \r\n93. Communication made in good faith.– No communication made in good \r\nfaith is an offence by reason of any harm to the person to whom it is made for the \r\nbenefit of that person.' \r\nIllustrations \r\nA, a surgeon, in good-faith, communicates to a patient his opinion that he \r\ncannot live. The patient dies in consequence of the shock. A has committed no \r\noffence, though he knew it to be likely that the communication might cause the \r\npatient's death. \r\n94. Act to which a person is compelled by threats.– Except murder, and \r\noffences against the State punishable with death, nothing is an offence which is \r\ndone by a person who is compelled to do it by threats, which, at the time of doing it, \r\nreasonably cause the apprehension that instant death to that person will otherwise \r\nbe the consequence.– \r\nProvided the person doing the act did not of his own accord, or from a \r\nreasonable 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 \r\nbeaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit \r\nof this exception on the ground\" of his having been compelled by his associates to \r\ndo anything that is an offence by law. \r\nExplanation 2.– A person seized by a gang of dacoits, and forced by threat of \r\ninstant death, to do a thing, which is an offence by law; for example, a smith \r\ncompelled to take his tools and to force the door of a house for the dacoits to enter \r\nand plunder it, is entitled to the benefit of this exception. \r\n95. Act causing slight harm.– Nothing is an offence by reason that it causes, or \r\nthat it is intended to cause, or that it is known to be likely to cause, any harm, if that \r\nharm. is so slight that no person of ordinary sense and temper would complain of \r\nsuch harm. \r\nOf the right of Private Defence \r\n96. Things done in private defence.– Nothing is an offence which is done in the \r\nexercise of the right of private defence. \r\n97. Right of private defence of the body and of property.– Every person has a \r\nright, subject to the restrictions contained in Section 99, to defend; \r\nFirst.– His own body, and the body of any other person, against any offence \r\naffecting the human body; \r\nSecondly.– The property, whether movable or immovable, of himself or of any \r\nother person, against any act which is an offence falling under the definition of theft, \r\nrobbery, mischief or criminal trespass, or which is an attempt to commit theft, \r\nrobbery, mischief or criminal trespass. \r\n98. Right of private defence against the act of a person of unsound mind, \r\netc.– When an act, which would otherwise be a certain offence, is not that offence, \r\nby reason of the youth, the want of maturity of understanding, the unsoundness of \r\nmind or the intoxication of the person doing that act, or by reason of any \r\nmisconception 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 \r\noffence, but A has the same right of private defence which he would have if Z were \r\nsane. \r\n(b) A enters by night a house which he is legally entitled to enter. Z in good \r\nfaith, taking A for a house-breaker, attacks A. Here Z by attacking A under this \r\nmisconception, commits no offence. But A has the same right of private defence \r\nagainst Z, which he would have if Z were not acting under that misconception. \r\n99. Act against which there is no right of private defence.– There is no right \r\nof private defence against an act which dose not reasonably cause the apprehension \r\nof death or of grievous hurt, if done, or attempted to be done by a public servant \r\nacting in good faith under colour, of his office, though that act may not be strictly \r\njustifiable by law. There is no right of private defence against an act which does \r\nnot reasonably cause the apprehension of death or of grievous hurt, if done, or \r\nattempted to be done, by the direction of a public servant acting in good faith under \r\ncolour of his office though that direction may not be strictly justifiable by law.\r\n There is no right of private defence in cases in which there is time to have \r\nrecourse to the protection of the public authorities. \r\nExtent to which the right may be exercised.– The right of private defence \r\nin no case extends to the inflicting of more harm than it is necessary to inflict for the \r\npurpose of defence. \r\nExplanation 1.– A person is not deprived of the right of private defence against an \r\nact done, or attempted to be done, by a public servant, as such, unless he knows, or \r\nhas reason to believe, that the person doing the act is such public servant. \r\nExplanation 2.– A person is not deprived of the right of private defence against an \r\nact done, or attempted to be done, by the direction of a public servant, unless he \r\nknows, or has reason to believe, that the person doing the act is acting by such \r\ndirection, or unless such person states the authority under which he acts, or if he has \r\nauthority in writing, unless he produces such authority, if deemed. \r\n100. When the right of private defence of the body extends to causing \r\ndeath.– The right of private defence of the body extends, under the restrictions \r\nmentioned in the last preceding section, to the voluntary causing of death or of any \r\nother harm to the assailant, if the offence which occasions the exercise of the right \r\nbe of any of the descriptionshereinafter enumerated, namely.– \r\nFirst.– Such an assault as may reasonably cause the apprehension that death \r\nwill otherwise be the consequence of such assault; \r\nSecondly .– Such an assault as may reasonably cause the apprehension that \r\ngrievous hurt will otherwise 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 abduction. \r\nSixthly.– An assault with the intention of wrongfully confining a person, under \r\ncircumstances which may reasonably cause him to apprehend that he will be unable \r\nto have recourse to the public authorities for his release. \r\n101. When such right extends to causing any harm other than death.– If the \r\noffence be not of any of the descriptions enumerated in the last preceding section, \r\nthe right of private defence of the body does not extend to the voluntary causing of \r\ndeath to the assailant, but dose extend, under the restrictions mentioned in Section \r\n99, to the voluntary causing to the assailant of any harm other than death. \r\n102. Commencement and continuance of the right of private defence of the \r\nbody.– The right of private defence of the body commences as soon as a \r\nreasonable apprehension .of danger to the body arises from an attempt or threat to \r\ncommit the offence though the offence may not have been committed; and it \r\ncontinues as long as Such apprehension of danger to the body continues. \r\n103. When the right of private defence of property extends to causing death.– \r\nThe right of private defence of property extends, under the restrictions mentioned in \r\nSection 99, to the voluntary Causing of death or of any other harm to the wrong-\r\ndoer, if the offence, the committing of which, or the attempting to commit which, \r\noccasions the exercise of the right, be an offence of any of the descriptions \r\nhereinafter enumerated, namely.– \r\nFirst.–  Robbery; \r\nSecondly.– House-breaking by night; \r\nThirdly.– Mischief by fire committed on any building, tent or vessel, which \r\nbuilding, tent or vessel is used as a human dwelling or as a place for the custody of \r\nproperty; \r\nFourthly.– Theft, mischief or house-trespass, under such circumstances as \r\nmay reasonably cause apprehension that death or grievous hurt will be the \r\nconsequence, if such right of private defence is not exercised. \r\n104. When such right extends to causing any harm other than death.– If the \r\noffence, the committing of which, or the attempting to commit which, occasions the \r\nexercise of the right of private defence, be theft, mischief or criminal trespass, not of \r\nany of the descriptions enumerated in the last preceding section that right dose not \r\nextend, to the voluntary causing of death, but dose extend, subject to the restrictions \r\nmentioned in Section 99, to the voluntary causing to the wrong-doer of any harm \r\nother than death. \r\n105. Commencement and continuance of the right of private defence of \r\nproperty.– The right of private defence of property commences when a reasonable \r\napprehension of danger to the property commences. The right of private defence of \r\nproperty against theft continues tilt the offender has effected his retreat with the \r\nproperty or either the assistance of the public authorities is obtained, or the property \r\nhas been recovered. The right of private defence of property against robbery \r\nContinues as long as the offender causes or attempts to cause to any person death \r\nor hurt or wrongful restraint or as long as the fear of instant death or of instant-hurt or \r\nof instant personal restraint continues.The right of private defence of property \r\nagainst criminal trespass or mischief continues as long as the offender continues in \r\nthe commission of criminal trespass or mischief.The right of private defence of \r\nproperty against house breaking by night continues as long as the house-trespass \r\nwhich has been begun by such house-breaking continues. \r\n106. Right of private defence against deadly assault when there is risk of \r\nharm to innocent person.– If in the exercise of the right of private defence against \r\nan assault which reasonably causes the apprehension of death, the defender be so \r\nsituated that he cannot effectually exercise that right without risk of harm to an \r\ninnocent person, his right of private defence extends to the running of that risk. \r\nIllustrations \r\nA is attacked by a mob who attempt to murder him. He cannot effectually exercise \r\nhis right of private defence without firing on the mob, and he cannot fire without risk \r\nof harming young children who are mingled with the mob. A commits no offence if by \r\nso firing he harms any of the children. \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 \r\nconspiracy for the doing of that thing, if an act or illegal omission takes place in \r\npursuance of that conspiracy, And in order to the doing of that thing; or \r\nThirdly.– Intentionally aids, by any act or illegal omission, the doing of that \r\nthing. \r\nExplanation 1.– A person who, by wilful misrepresentation, or by wilful concealment \r\nof a material fact which he is bound to disclose, voluntarily causes or procures, or \r\nattempts to cause or procures a thing to be done, is said to instigate the doing of that \r\nthing. \r\nIllustrations \r\nA, a public officer, is authorized by a warrant from a Court of Justice to \r\napprehend Z, B, knowing that fact and also that C is not Z, wilfully presents to A that \r\nC is Z, and thereby intentionally cause A to apprehend C. Here B abets by \r\ninstigation the apprehension of C. \r\nExplanation 2.– Whoever, either prior to or at the time of commission of an act, \r\ndoes anything in order to facilitate the commission of that act, and thereby facilitates \r\nthe' commission thereof, is said to aid the doing of that act. \r\n108. Abettor.– A person abets an offence, who abets either the commission of an \r\noffence, or the commission of an act which would be an offence, if committed by a \r\nperson capable by law of committing an offence with the same Intention or \r\nknowledge as that of the abettor. \r\nExplanation 1.– The abetment of the illegal omission-of an act may amount to an \r\noffence although 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 \r\nact abetted should be committed, or that the effect requisite to constitute the offence \r\nshould be caused. \r\nIllustrations \r\n(a) A instigates 8 to murder C, B refuses to do so. A is guilty of abetting B \r\nto commit murder. \r\n(b) A instigates B to murder D.B in pursuance of the instigation stabs D.D \r\nrecovers from the wound. A is guilty of instigating B to commit murder. \r\nExplanations 3.– It is not necessary that the person abetted should be capable by \r\nlaw of committing an offence, or that he should have the same guilty intention or \r\nknowledge as that of the abettor or any guilty intention or knowledge. \r\nIllustrations \r\n(a) A, with a guilty intention, abets a child or a lunatic to commit an act \r\nwhich would be an offence, if committed by a person capable by law of committing \r\nan offence, and having the same intention as A.Here A whether the act be \r\ncommitted or not, is guilty of abetting an offence. \r\n(b) A, with the intention of murdering Z, instigates B, a child under seven \r\nyears of age, to do an act which causes Z's death.B, in consequence of the \r\nabetment, does the act in the absence of A and thereby, cause Z's death.Here, \r\nthough B was not capable by law of committing an offence, A is liable to be punished \r\nin the same manner as if B had been capable by law of committing ah offence, and \r\nhad committed murder, and he is therefore subject to the punishment of death. \r\n(c) A instigates B to set fire to a dwelling-house, B, in consequence of the \r\nunsoundness of his mind, being incapable of knowing the nature of the act, or that \r\nhe is doing what is wrong or contrary to law, sets fire to the house in consequence of \r\nAs instigation. B has committed no offence, but A is guilty, of abetting the \r\noffence of setting fire to a dwelling house, and is liable to the punishment provided \r\nfor that offence. \r\n(d) A intending to cause a theft to be committed, instigates B to take \r\nproperty belonging to Z out of Z's possession. A includes B to believe that the \r\nproperty belongs to A.B takes the property out of Z's possession in good faith, \r\nbelieving it to be A's property. B, acting under this misconception, does not take \r\ndishonestly, and therefore does not commit theft. But is guilty of abetting theft, \r\nand is liable to the same punishment as if B had committed theft. \r\nExplanation 4.– The abetment of an offence being an offence, the abetment of such \r\nan abetment is also an offence. \r\nIllustrations \r\nA instigates B to instigate C to murder Z.B accordingly instigates C to murder \r\nZ, and commits that offence in consequence of B's instigation. B is liable to be \r\npunished for his offence with the punishment for murder; and as A instigated B to \r\ncommit the offence, A is also liable to the same punishment. \r\nExplanation 5.– It is not necessary to the commission of the offence of abetment by \r\nconspiracy that the abettor should concert the offence with the person who commits \r\nit.It is sufficient if he engages in the conspiracy in pursuance of which the offence is \r\ncommitted. \r\nIllustrations \r\nA concerts with B a plan for poisoning-Z.it is agreed that A shall administer \r\nthe poison.6 then explains the plan to C mentioning that a third person to administer \r\nthe poison, but without mentioning A's name. C agrees to procure the poison and \r\nprocures and delivers it to B for the purpose of its being used in the manner \r\nexplained. A administer the poison; Z dies in consequence. Here, though A and C \r\nhave not conspired together, yet C has been engaged in the conspiracy in \r\npursuance of which Z has been murdered. C has, therefore, committed the offence \r\ndefined in this section and is liable to the punishment for murder. \r\n[108-A. Abetment in Pakistan of offences outside it.– A person abets an offence \r\nwithin the meaning of this Code who, in Pakistan, abets the commission of any act \r\nwithout and beyond Pakistan which would constitute an offence committed in \r\nPakistan.] \r\nIllustrations \r\nA, in Pakistan, instigates B, a foreigner in Goa, to commit a murder in Goa, A \r\nis guilty of abetting murder. \r\nSec.108-A added by the Penal Code Amendment Act IV of 1898 \r\n109. Punishment of abetment if the Act abetted committed In consequence \r\nand where no express provision is made for its punishment.– Whoever, abets \r\nany offence shall, if the act abetted is committed in consequence of the abetment, \r\nand no express provision is made by this Code, for the punishment of such \r\nabetment, be punished with the punishment provided for the offence.– \r\n[Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence \r\nreferred to in Chapter XVI shall be liable to punishment of ta'zir specified for such \r\noffence including death.] \r\nExplanation.– An act or offence is said-to be committed in consequence of \r\nabetment, when it is committed in consequence of the instigation, or in pursuance of \r\nthe conspiracy, or with the aid which constitutes the abetment. \r\nIllustrations \r\n(a) A offers a bribe to B, a public servant, as a reward for showing A some \r\nfavour in the exercise of B's official functions.6 accepts the bribe. A has abetted \r\nthe offence defined in Section 161, \r\n(b) A instigates B to give false evidence. B, in consequence of the \r\ninstigation commits that offence. A is guilty of abetting that offence, and is liable to \r\nthe same punishment as B. \r\n(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, \r\nprocures the poison and delivers it to B in order that he may administer it to Z.B.in \r\npursuance of the conspiracy, administers the poison to Z in A's absence and thereby \r\ncauses Z's death. Here B is guilty of murder. A is guilty, of abetting that offence by \r\nconspiracy, and is liable to the punishment for murder. \r\nProviso added by the Criminal Law (Amendment) Act, II of 1997. \r\n110. Punishment of abetment if person abetted does act with different \r\nintention from that of abettor.– Whoever, abets the commission of an offence \r\nshall, if the person abetted does the act with a different intention or knowledge from \r\nthat of the abettor, be punished with the punishment provided for the offence which \r\nwould have been committed if the act had been done with intention or knowledge of \r\nthe abettor and with no other. \r\n111. Liability of abettor when one act abetted and different act done.– When \r\nan act is abetted and a different act is done, the abettor is liable for the act done, in \r\nthe same manner and to the same extent as if he had directly, abetted it.– \r\nProviso.– Provided the act done was a probable consequence of the \r\nabetment; and was committed under the influence of the instigation, or with the aid \r\nor in pursuance of the conspiracy which constituted the abetment. \r\nIllustrations \r\n(a)  A instigates a child to put poison into the food of Z, and gives him \r\npoison for that purpose. The child, in consequence of the instigation, by mistake \r\nputs the poison into the food of Y, which is by the side of that of Z. Here if the child \r\nwas acting under the influence of A's instigation, and the act done was under the \r\ncircumstances a probable consequence of the abetment, A is liable in the same \r\nmanner and to the same extent as if he had instigated the child to put the poison into \r\nthe food of. \r\n(b)  A instigates B to burn Z's house. B sets fire to the house and at the \r\nsame time commits theft of property there. A. though guilty of abetting the burning of \r\nthe house, is not guilty of abetting the theft; for the theft was a distinct act, and not a \r\nprobable consequence of the burning. \r\n(c)  A instigates B and C to break into an inhabited house at midnight for \r\nthe purpose of robbery and provides them with arms for that purpose, B and C break \r\ninto the house, and being resisted by Z, one of the inmates, murder Z. Here, if that \r\nmurder was the probable consequence of the abetment. A is liable to the punishment \r\nprovided for murder. \r\n112. Abettor when liable to cumulative punishment for act abetted and for act \r\ndone.– If the act for which the a better is liable under the last preceding section is \r\ncommitted in addition to the act abetted, and constitutes a distinct offence, the \r\nabettor is liable to punishment for each of the offences. \r\nIllustrations \r\nA instigates B to resist by force a distress made by a public servant, B in \r\nconsequence, resists that distress. In offering the resistance, B voluntarily \r\ncauses grievous hurt to the officer executing the distress. As B has committed \r\nboth the offence of resisting the distress, and the offence of voluntarily causing \r\ngrievous hurt, B is liable to punishment for both these offences; and.– if A knew that \r\nB was likely voluntarily to cause grievous hurt in resisting the distress A will also be \r\nliable to punishment for each of the offences. \r\n113. Liability of abettor for an effect caused by the act abetted different from \r\nthat intended by the abettor.– When an act is abetted with the intention on the part \r\nof the abettor of causing a particular effect and an act for which the abettor is liable \r\nin consequence of the abetment, causes a different effect from that intended by the \r\nabettor, the abettor is liable for the effect caused, in the same manner and to the \r\nsame 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\nIllustrations \r\nA instigates B to cause grievous hurt to Z B, In consequence of the \r\ninstigation, causes grievous hurt to Z.2 dies in consequence.Here, if A knew that the \r\ngrievous hurt abetted was likely to cause death, A is liable to be punished with the \r\npunishment provided for murder. \r\n114. Abettor present when offence is committed.– Whenever, any person, who \r\nif absent would be liable to be punished as an abettor, is present when the act or \r\noffence for which he would be punishable in consequence of the abetment is \r\ncommitted, he shall be deemed to have committed such act or offence. \r\n115. Abetment of offence punishable with death or imprisonment for life If \r\noffence not committed.– Whoever, abets the commission of an offence punishable \r\nwith death or imprisonment for life, shall, if that offence be not committed in \r\nconsequence of the abetment, and no express provision is made by this Code for the \r\npunishment of such abetment 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 act causing harm be done in consequence.– And if any act for which the abettor \r\nis liable in consequence of the abetment, and which cause hurt to any person, is \r\ndone, the abettor shall be liable to imprisonment of either description for a term \r\nwhich may extend to fourteen years, and shall also be liable to fine. \r\nIllustrations \r\nA instigates B to murder Z. The offence is not committed. If B had murdered Z, \r\nhe would have been subject to the punishment of death or transportation for fife.\r\n Therefore, A is labile to imprisonment for a term which may extend to seven \r\nyears and also to a tine; and if any hurt be done to Z in consequence of the \r\nabetment, he will be liable to imprisonment for a term which may extend to fourteen \r\nyears, and to fine. \r\n116. Abetment of offence punishable with imprisonment-if offence be not \r\ncommitted.– Whoever, abets an offence punishable with imprisonment shall, if that \r\noffence be not committed in consequence of the abetment, and no express provision \r\nis made by this Code for the punishment of such abetment, be punished with \r\nimprisonment of any description provided for that offence for a term which may \r\nextend to one-fourth part of the longest term provided for that offence; or with such \r\nfine as is provided for that offence; or with both. \r\nIf abettor or person abetted be a public servant whose duty it is to \r\nprevent offence.– And if the abettor or the person abetted is a public servant, \r\nwhose duty it is, to prevent the commission of such offence, the abettor shall be \r\npunished with imprisonment of any description provided for that offence, for a term \r\nwhich may extend to one-half of the longest term provided for that offence, or with \r\nsuch fine 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 \r\nfavour in the exercise of B's official functions. B refuses to accept the bribe. A is \r\npunishable under this section. \r\n(b) A instigates B to give false evidence. Here, if B does hot give false \r\nevidence A has nevertheless committed the offence defined in this section, and is \r\npunishable accordingly. \r\n(c) A, police officer, whose duty it is. To prevent robbery, abets the \r\ncommission of robbery. Here, though the robbery be not committed, A is liable to \r\none-half of the longest term of imprisonment proved for that offence, and also to fine. \r\n(d) B abets the commission of a robbery by H, a police officer, whose duty \r\nit is to prevent that offence. Here though the robbery be not committed, B is liable to \r\none-half of the longest term of imprisonment provided for the offence of robbery, and \r\nalso to fine. \r\n117. Abetting commission of offence by the public or by more than ten \r\npersons.– Whoever, abets the commission of an offence by the public generally or \r\nby any number or class of persons exceeding ten, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, or \r\nwith fine, or with both. \r\nIllustrations \r\nA affixes in a public place a placard instigating a sect consisting of more than \r\nten members to meet at a certain time and place, for the purpose of attacking the \r\nmembers of an adverse sect, while engaged in a procession. A has committed the \r\noffence defined in this section. \r\n118. Concealing design to commit offence punishable with death or \r\nImprisonment for life if offence be committed.– Whoever, intending to facilitate or \r\nknowing it to be likely that he will thereby facilitate the commission of an offence \r\npunishable with death or imprisonment of life, voluntarily conceals by any act or \r\nillegal omission, the existence of design to commit such offence or makes any \r\nrepresentation which he knows to be false respecting such design, \r\nif offence be not committed.– Shall, if that offence be committed, be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, or, if the offence be not committed, with imprisonment of either \r\ndescription for a term which may extend to three years; and in either case shall also \r\nbe liable to fine. \r\nIllustrations \r\nA, knowing that dacoity is about to be committed at B, falsely inform the \r\nMagistrate that a dacoity is about to be committed at C, a place in an opposite \r\ndirection, and thereby misleads the Magistrate with intent to facilitate the commission \r\nof the offence. The dacoity is committed at B in pursuance of the design. A \r\nis punishable under this section, \r\n119. Public servant concealing design to commit offence which it is his duty \r\nto prevent.– Whoever, being a public servant intending to facilitate or knowing it to \r\nbe likely that he will thereby facilitate the commission of an offence which it is his \r\nduty as such public servant to prevent, voluntarily conceals, by any act or illegal \r\nomission, the existence of a design to commit such offence, or makes any \r\nrepresentation which he knows to be false respecting such design, if offence be \r\ncommitted.– shall, if the offence be committed, be punished with imprisonment of \r\nany description provided for the offence, for a term which may extend to one half of \r\nthe longest term of such imprisonment, or with such fine as is provided for that \r\noffence, or with both; \r\nif offence be punishable with death, etc.– or if the offence be punishable \r\nwith death or imprisonment for life with imprisonment of either description for a term \r\nwhich may extend to ten years; \r\nif offence be not committed.– or, if the offence be not committed, shall be \r\npunished with imprisonment of any description provided for the offence for a term \r\nwhich may extend to one-fourth part of the longest term of such imprisonment or with \r\nsuch fine as is provided for the offence, or with both. \r\nIllustrations \r\nA, an officer of police, being legally bound to give information of all design as \r\nto commit robbery, which may come to his knowledge, and knowing that B designs \r\nto commit robbery, omits to give such information, with intent to facilitate the \r\ncommission of that of that offence. Here A has by an illegal omission \r\nconcealed the existence of 6's design, and is liable to punishment according to the \r\nprovisions of this section. \r\n120. Concealing design to commit offence punishable with imprisonment.– \r\nWhoever, intending to facilitate or knowing it to be likely that he will thereby facilitate \r\nthe commission of an offence punishable with imprisonment, voluntarily conceals, by \r\nany act or illegal omission, the existence of a design to commit such offence, or \r\nmakes 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 \r\nbe committed, be punished with imprisonment of the description provided for the \r\noffence, for a term which may extend to one-fourth, and, if the offence be not \r\ncommitted, to one-eighth, of the longest term of such imprisonment, or with such fine \r\nas is provided for the offence, or with both. \r\nCHAPTER V-A \r\nCRIMINAL CONSPIRACY \r\n120-A. Definition of criminal conspiracy.– When two or more persons agree to do, \r\nor cause to be done, \r\n(1) an illegal act, or \r\n(2) an act which is not illegal by illegal means such an agreement is \r\ndesignated a criminal conspiracy.– \r\nProvided that no agreement except an agreement to commit an offence shall \r\namount to a criminal conspiracy unless some act besides the agreement is done by \r\none or more parties to such agreement in pursuance thereof. \r\nExplanation.– It is immaterial whether the illegal act is the ultimate object of such \r\nagreement, or is merely incidental to that object. \r\n120-B. Punishment of criminal conspiracy.– (1) Whoever is a party to a criminal \r\nconspiracy to commit an offence punishable with death, imprisonment for life or \r\nrigorous imprisonment for a term of two years or upwards, shall, where no express \r\nprovision is made in this Code for the punishment of such a conspiracy, be punished \r\nin 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 \r\nconspiracy to commit an offence punishable as aforesaid shall be punished with \r\nimprisonment of either description for a term not exceeding six months, or with fine \r\nor with both. \r\n(3) Chapter V-A ins. by the Criminal Law (Amdt.) Act, VIII of 1913. \r\nCHAPTER VI \r\nOF OFFENCES AGAINST THE STATE \r\n121. Waging or attempting to wage war or abetting waging of war against \r\nPakistan.– Whoever, wages war against Pakistan, or attempts to wage such war, or \r\nabets the waging of such war, shall be punished with death, or imprisonment for life \r\nand shall also be liable to fine. \r\nIllustrations \r\nA joins an insurrection against Pakistan. A has committed the offence defined \r\nin this section. \r\n121-A. Conspiracy to commit offences punishable by Section 121.– Whoever, \r\nwithin or without Pakistan conspires to commit any of the offences punishable by \r\nSection 121, or to deprive Pakistan of the sovereignty of her territories or of any part \r\nthereof, or conspires to overawe, by means of criminal force or the show of criminal \r\nforce, the Federal Government or any Provincial Government, shall be punished with \r\nimprisonment for life, or with imprisonment of either description which may extend to \r\nten years, and shall also be liable to fine. \r\nExplanation.– To constitute a conspiracy under this section, it is not necessary that \r\nany act or illegal omission shall take place in pursuance thereof. \r\nSection 121-A ins.by the Penal Code (Amendment) Act, XXVII of 1870 \r\n122. Collecting arms, etc., with intention of waging war against Pakistan.– \r\nWhoever, collects men, arms or ammunition or otherwise prepares to wage war with \r\nthe intention of either waging or being prepared to wage war against Pakistan, shall \r\nbe punished with imprisonment for life or imprisonment of either description for a \r\nterm not exceeding ten years, and shall also be liable to fine. \r\n123. Concealing with intent to facilitate design to wage war.– Whoever, by any \r\nact, orby any illegal omission, conceals the existence of a design to wage war \r\nagainst Pakistan, intending by such concealment to facilitate or knowing it to be likely \r\nthat such concealment will facilitate the waging of such war, shall be punished with \r\nimprisonment of either description for a term which may extend to ten years, and \r\nshall also be liable to fine. \r\n123-A. Condemnation of the creation of the State, and advocacy of abolition \r\nof its sovereignty.– (1) Whoever, within or without Pakistan, with intent to influence, \r\nor knowing it to be likely that he will influence, any person or the whole or any \r\nsection of the public, in a manner likely to be prejudicial to the safety 2[or ideology] of \r\nPakistan or to endanger the sovereignty of Pakistan in respect of all or any of the \r\nterritories lying within its borders, shall by words, spoken or written, or by signs or \r\nvisible representation abuse Pakistan or, condemn the creation of Pakistan by virtue \r\nof the partition of India which was effected on the fifteenth day of August, 1947, or.\r\n Advocate the curtailment or abolition of the sovereignty of Pakistan in respect \r\nof all or any of the territories lying within its borders, whether by amalgamation with \r\nthe territories of neighbouring States or otherwise, shall be punished with rigorous \r\nimprisonment which may extend to ten years and shall also be liable to fine. \r\n(2) Notwithstanding anything contained in any other law for the time being \r\nin force, when any person is proceeded against under this section, it shall be lawful \r\nfor any Court before which he may be produced in the course of the investigation or \r\ntrial, to make such order as it may think fit in respect of his movements, of his \r\nassociation or communication with other persons, and of his activities in regard to \r\ndissemination 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 \r\nCourt mentioned in sub-section (2) may also make an order under that sub-section. \r\nSec.123-A ins. by the Pakistan Penal Code (Amendment) Act, VI of 1950. \r\n123-B. Defiling or unauthorisedly removing the National Flag of Pakistan from \r\nGovernment building, etc.– Whoever, deliberately defile the National Flag of \r\nPakistan, or unauthorisedly removes if from any building, premises, vehicle or other \r\nproperty of Government, 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\nSection 123-B ins. by the Criminal Law (Second Amendment) Ordinance. XLIII of \r\n1984 \r\n124. Assaulting President, Governor, etc., with intention to compel or restrain \r\nthe exercise of any lawful power.– Whoever, with the intention of including or \r\ncompelling the President of Pakistan, or the Governor of any Province, to exercise or \r\nrefrain from exercise in any manner of the lawful powers of the President, or \r\nGovernor, assaults, or wrongfully restrains, or attempts wrongfully to restrain or \r\noverawes, by means of criminal force or the show of criminal force, or attempts so to \r\noverawe, the President, or Governor, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine., \r\n124-A. Sedition.– Whoever, by words, either spoken or written, or by signs, or by \r\nvisible representation, or otherwise, brings or attempts to bring into hatred or \r\ncontempt, or excites or attempts to excite disaffection towards, the Federal or \r\nProvincial Government established by law shall be punished with imprisonment for \r\nlife to which fine may be added, or with imprisonment which may extend to three \r\nyears, to which fine may be added, or with fine. \r\nExplanation 1.– The expression \".disaffection includes disloyalty and all feelings of-\r\nenmity. \r\nExplanation 2.– Comments expressing disapprobation of the measures of the \r\nGovernment with a view to obtain their alteration by lawful means, without exciting or \r\nattempting to excite hatred, contempt or disaffection, do not constitute an offence \r\nunder this section. \r\nExplanation 3.– Comments expressing disapprobation of the administrative or other \r\naction of the Government without exciting or attempting to excite hatred, contempt or \r\ndisaffection, do not constitute an offence under this section. \r\nSection 124-A ins. by the Penal Code (Amendment) Act. XXVIl of 1870. \r\n125. Waging war against any Asiatic Power in alliance with Pakistan.– \r\nWhoever, wages war against the Government of any Asiatic Power in alliance or at \r\npeace with Pakistan or attempts to wage such war, or abets the\" waging of such war, \r\nshall be punished with imprisonment for life to which fine may be added, or with \r\nimprisonment of either description for a term which may extend to seven years, to \r\nwhich fine may be added, or with fine. \r\n126. Committing depredation on territories of Power at peace with Pakistan.– \r\nWhoever, commits depredation, or makes preparations to commit depredation, on \r\nthe territories of any power, in alliance, at a peace with Pakistan, shall be punished \r\nwith imprisonment of either description for a term which may extend to seven years, \r\nand shall also be liable to tine and forfeiture of any property used or intended to be \r\nused in committing such depredation, or acquired by such depredation. \r\n127. Receiving property taken by war or depredation mentioned in Sections \r\n125 and 126 .– Whoever, receives any property knowing the same to have been \r\ntaken in the commission of any of the offences mentioned in Sections 125 and 126, \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to seven years, and shall also be liable to fine and forfeiture of the property \r\nso received. \r\n128. Public servant voluntarily allowing prisoner of State or war to escape.– \r\nWhoever, being a public servant and having the custody of any State prisoner or \r\nprisoner of war, voluntarily allows such prisoner to escape from any place in which \r\nsuch prisoner is confined, shall be punished with imprisonment for life or \r\nimprisonment of either description for a .term which may extend to ten years, and \r\nshall also be liable to fine. \r\n129. Public servant negligently suffering such prisoner to escape.– Whoever, \r\nbeing a public servant and having the custody of any State prisoner or prisoner of \r\nwar negligently suffers such prisoner to escape from any place of confinement in \r\nwhich such prisoner is confined, shall be punished with simple imprisonment for a \r\nterm which may extend to three years, and shall also be liable to fine. \r\n130. Aiding escape of, rescuing or harbouring such prisoner.– Whoever, \r\nknowingly aids or assists any State prisoner or prisoner of war in escaping from \r\nlawful custody, or rescues or attempts to rescue any such prisoner; or harbours or \r\nconceals any such prisoner who has escaped from lawful custody, or offers or \r\nattempts to offer any resistance to the recapture of such prisoner shall be punished \r\nwith imprisonment for life, or with imprisonment of either description for a term which \r\nmay extend to ten years, and shall also he liable to fine. \r\nExplanation.– A State prisoner or prisoner of war, who is permitted to be at large on \r\nhis parole within certain limits in Pakistan, is said to escape from lawful custody if he \r\ngoes beyond the limits within which he is allowed to be at large. \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 \r\nhis duty.– Whoever, abets the committing of mutiny by an officer, soldier, sailor or \r\nairman, in the Army, Navy or Air Force of Pakistan, or attempts to seduce any such \r\nofficer, soldier, sailor, or airman from his allegiance of his duty, shall be punished \r\nwith imprisonment for life, or with imprisonment of either description for a term which \r\nmay extend to ten years, and shall also be liable to fine. \r\nExplanation.– In this section, the words \"officer\", \"soldier\", \"sailor\" or \"airman\" \r\ninclude any person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the \r\nPakistan Navy Ordinance, 1961 (XXXV of 1961), or the Pakistan Air Force Act.1953 \r\n(VI of 1953), as the case may be. \r\nExplanation subs. by the Federal Laws (Revision and Declaration)\r\n Ordinance, XXVII of 1981 \r\n132. Abetment of mutiny, if mutiny is committed in consequence thereof.– \r\nWhoever, abets committing of mutiny by an officer, soldier, sailor or airman in the \r\nArmy, Navy or Air Force of Pakistan, shall, if mutiny be committed in consequence of \r\nthat abetment, be punished with death or with imprisonment for life or imprisonment \r\nof either description for a term which may extend to ten years, and shall also be \r\nliable to fine. \r\n133. Abetment of assault by soldier, sailor or airman on his superior officer, \r\nwhen in execution of his office.– Whoever, abets an assault by an officer, soldier, \r\nsailor or airman, in the Army, Navy or Air Force of Pakistan, on any superior officer \r\nbeing in the execution of his office, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years, and shall also be liable to \r\nfine. \r\n134. Abetment of such assault, if the assault is committed.– Whoever, abets \r\nan assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of \r\nPakistan, on any superior officer being in the execution of his office, shall, if such \r\nassault be committed in consequence .of that abetment be punished with \r\nimprisonment of either description fora term which may extend to seven years, and \r\nshall also be liable to fine. \r\n135. Abetment of desertion of soldier, sailor or airman.– Whoever, abets the \r\ndesertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of \r\nPakistan, be punished with imprisonment of either description for a term which may \r\nextend to two years, or with fine, or with both. \r\n136. Harbouring deserter.– Whoever, exceptas hereinafter excepted, knowing or \r\nhaving reason to believe that an officer, soldier, sailor or airman, in the Army, Navy \r\nor Air Force of Pakistan, has deserted, harbours such officer, soldier, sailor or \r\nairman, shall be punished with imprisonment' of either description for a term which \r\nmay extend to two years, or with fine, or with both. \r\nException.– This provision does not extend to the case in which the harbour is \r\ngiven by a wife to her husband. \r\n137. Deserter concealed on board merchant vessel through negligence of \r\nmaster.– The master or person incharge of a merchant vessel, on board of which \r\nany deserter from the Army, Navy or Air Force of Pakistan is concealed, shall, \r\nthough ignorant of such concealment, be liable to a penalty not exceeding five \r\nhundred rupees, if he might have known of such concealment but for some neglect \r\nof his duty as such master or person in charge, or but for some want of discipline on \r\nboard of the vessel. \r\n138. Abetment of act of insubordination by soldier, sailor or airman.– \r\nWhoever, abets what he knows to be an act of insubordination by an officer, soldier, \r\nsailor or airman, in the Army, Navy or Air Force of Pakistan, shall, if such act of \r\ninsubordination be committed in consequence of that abetment, be punished with \r\nimprisonment of either description for a term which may extend to six months, or with \r\nfine, or with both. \r\n138-A. Application of foregoing sections to the Indian Marine Service.– [Rep.by \r\nthe Amending Act, 1934 (XXXV of 1934 Section 2 and Sched]. \r\n139. Persons subject to certain Acts.– No person subject to the Pakistan Army \r\nAct, 1952 (XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI of 1953), or the \r\nPakistan Navy Ordinance.1961 (XXXV of 1961), is subject to punishment under this \r\nCode for any of the offences defined in this Chapter. \r\nSection 139 subs. by the Federal Laws (Revision and Declaration) to '.Ordinance, \r\nXXVII of 1981. \r\n140. Wearing garb or carrying token used by soldier, sailor or airman.– \r\nWhoever, not being a soldier, sailor or airman in the Military, Navel or Air Service of \r\nPakistan, wear, any garb or carries any token resembling any garb or token used by \r\nsuch a soldier, sailor or airman with the intention that it may be believed that he is \r\nsuch a soldier, sailor or airman shall be punished with imprisonment of either \r\ndescription for a term which may extend to three months, or with fine which may \r\nextend to 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 \r\n\"unlawful assembly\" if the common object of the persons composing that assembly \r\nis; \r\nFirst.– To overawe by criminal force, or show of criminal force, the Federal or \r\nany Provincial Government or Legislature, or any public servant in the exercise of \r\nthe lawful power of such public servant; or \r\n\"Second.– 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 \r\nto take or obtain possession of any property, or to deprive any person of the \r\nenjoyment of a right of way, or of the use of water or other incorporeal right of which \r\nhe is in possession or enjoyment, or to enforce any right or supposed right; or \r\nFifth.– By means of criminal force, or show of criminal force, to compel any \r\nperson to do what he is not legally bound to do, or to omit to do what he is legally \r\nentitled to do. \r\nExplanation.– An assembly which was not unlawful when it assembled, may \r\nsubsequently become an unlawful assembly. \r\n142. Being member of unlawful assembly.– Whoever, being aware of facts \r\nwhich render any assembly an unlawful assembly, intentionally joins that assembly, \r\nor continues in it, is said to be a member of any unlawful assembly. \r\n143. Punishment.– Whoever, is a member of an unlawful assembly, shall be \r\npunished with imprisonment of either description for a term which may extend to six \r\nmonths, or with fine, or with both. \r\n144. Joining unlawful assembly armed with deadly weapon.– Whoever, being \r\narmed with any deadly weapon, or with anything which, used as a weapon of \r\noffence, is likely to cause death, is a member of an unlawful assembly/shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\n145. Joining or continuing in unlawful assembly, knowing it has been \r\ncommanded to disperse.– Whoever, joins or continues in an unlawful assembly, \r\nknowing that such unlawful assembly has been commanded in the manner \r\nprescribed by law to disperse, 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\n146. Rioting.– Whenever, force or violence is used by an unlawful assembly, or by \r\nany member thereof, in prosecution of the common object of such assembly, every \r\nmember of such assembly 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 \r\nfine, or with both. \r\n148. Rioting, armed with deadly weapon.– Whoever, is guilty of rioting, being \r\narmed with a 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 \r\nterm which may extend to three years, or with fine, or with both. \r\n149. Every member of unlawful assembly guilty of offence committed in \r\nprosecution of common object.– If an offence is committed by any member of an \r\nunlawful assembly in prosecution of the common object of that assembly, or such as \r\nthe members of that assembly knew to be likely to be committed in prosecution of \r\nthat object, every person who, at the time of the committing of that offence, is a \r\nmember of the same assembly, is guilty of that offence. \r\n150. Hiring, or conniving at hiring, of persons to join unlawful assembly.– \r\nWhoever, hires or engages, or employs, or promotes, or connives at the hiring \r\nengagement or employment of any person to join or become a member of any \r\nunlawful assembly, shall be punishable as a member of such Unlawful assembly, \r\nand for any offence which may be committed by any such person as a member of \r\nsuch unlawful assembly in pursuance of such hiring, engagement or employment, in \r\nthe same manner as if he had been a member of such unlawful assembly, or himself \r\nhad committed such offence. \r\n151. Knowingly joining or continuing in assembly of five or more persons \r\nafter it has commanded to disperse.– Whoever, knowingly joins or continues in \r\nany assembly of five or more persons likely to cause a disturbance of the public \r\npeace, after such assembly has been lawfully commanded to disperse, shall be \r\npunished with imprisonment of either description for a term which may extend to six \r\nmonths or with fine, or with both. \r\nExplanation.– If the assembly is an unlawful assembly within the meaning ,of \r\nSection 141, the offender will be punished under Section 145. \r\n152. Assaulting to obstructing public servant when suppressing riot, etc..– \r\nWhoever, assaults or threatens to assault, or obstructs or attempts to obstruct a \r\npublic servant in the discharge of his duty as such public servant, in endeavouring to \r\ndisperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, \r\nor attempts to use criminal force to such public servant, shall be punished with \r\nimprisonment of either description for a term which may extend to three years or with \r\nfine, or with both. \r\n153. Wantonly giving provocation with intent to cause riot-if rioting be \r\ncommitted; if not committed.– Whoever, malignantly, or wantonly, by doing \r\nanything which is illegal,  \r\nlives provocation to any person intending or knowing it to be likely that such \r\nprovocation \r\nwill cause the offence of rioting be committed, shall, if the offence of rioting be \r\ncommitted \r\nin consequence of such provocation, be punished with imprisonment of either \r\ndescription \r\nfor a term which may extend to one year, or with fine, or with both; and if the \r\noffence \r\nif rioting be not committed, with imprisonment of either description for a term \r\nwhich may \r\nextend to six months, or with fine, or with both. \r\n[153-A. Promoting enmity between different groups, etc..– Whoever, \r\n(a) by words, either spoken or written, or by signs, or by visible \r\nrepresentations or otherwise, promotes or incites, or attempts to \r\npromote or incite, on grounds of religion, race, place of both, \r\nresidence.language, caste or community or any other ground \r\nwhatsoever, disharmony or feelings of enmity, hatred or ill-will between \r\ndifferent religious, 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 \r\nprejudicial to the maintenance of harmony betweendifferent \r\nreligious,racial, language or regional groups or castes or communities \r\nor any group of persons identifiable as such on any ground whatsoever \r\nand which disturbs or is likely to disturb public tranquillity; or \r\n(c) organizes, or incites any other person to organize, and exercise, \r\nmovement, drill or other similar activity intending that the participants in \r\nany such activity shall use or be trained to use criminal force or \r\nviolence or knowing it to be likely that the participants in any such \r\nactivity will use or be trained to use criminal force or violence or \r\nparticipates, or incites any other person to participate, in any such \r\nactivity intending to use or be trained to use criminal force or violence \r\nor knowing it to be likely that the participants in any such activity will \r\nuse or be trained, to use criminal force or violence, against any \r\nreligious, racial, language .or regional group or caste of community or \r\nany group of persons identifiable as such on any ground .whatsoever \r\nand any such activity for any reason whatsoever cause or is likely to \r\ncause fear or alarm or a feeling of insecurity amongst members of such \r\nreligious, racial, language or regional group or caste or community \r\nshall be punished with imprisonment for a term which may extend to \r\nfive years and with fine. \r\nExplanation.– It does not amount to an offence within the meaning of this section to \r\npoint but, without malicious intention and with an honest view to their removal, \r\nmatters which are producing, or have a tendency to produce, feelings of enmity or \r\nhatred between different religious, racial, language or regional groups or castes or \r\ncommunities]. \r\nSec.153-A subs. by Criminal Law (Amendment) Act, VI of 1973, S.2. \r\n[153-B. Inducing students, etc., take part in political activity.– Whoever, by \r\nwords, either spoken or written, or by signs, or by visible representations, or \r\notherwise, induce or attempts to induce any student, or any class of students, or any \r\ninstitution interested in or connected with students, to take part in any political activity \r\nwhich disturbs or undermines, or is likely disturb or undermine, the public order shall \r\nbe punished with imprisonment which may extend to two years or –with fine or with \r\nboth]. \r\nSec.153-B subs. by Criminal Law.(Amendment) Act, VI of 1973, S.2. \r\n154. Owner or occupier of land on which an unlawful assembly is held.– \r\nWhenever, any unlawful assembly or riot takes place, the owner or occupier of the \r\nland upon which unlawful assembly is held, or such riot is committed, and any \r\nperson having or claiming an interest in such land, shall be punishable with fine not \r\nexceeding one thousand rupees, if he or his agent or manager, knowing that such \r\noffence is being or has been committed, or having reason to believe it is likely to be \r\ncommitted, do not give the earliest notice thereof in his or their power to the principal \r\nofficer at the nearest police station, and do not, in the case of his or their having \r\nreason to believe that it was about to be committed, use all lawful means in his or \r\ntheir power to prevent it and, in the event of its taking place, do not use all lawful \r\nmeans in his or their power to disperse or suppress the riot or unlawful assembly. \r\n155. Liability of person for whose benefit riot is committed.– Whenever, a riot \r\nis 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 \r\nland, or in the subject of any dispute which gave rise to the riot, or who has accepted \r\nor derived 'any benefit there from, such person shall be punishable with fine, if he or \r\nhis agent or manager, having reason to believe that such riot was likely to be \r\ncommitted or that the unlawful assembly by which such riot was committed was likely \r\nto be held, shall not respectively use all lawful means in his or their power to prevent \r\nsuch assembly or riot from taking place, and for suppressing and dispersing the \r\nsame. \r\n156. Liability of agent of owner or occupier for whose benefit riot is \r\ncommitted.– Whenever, a riot is committed for the benefit or on behalf of any \r\nperson who is the owner or occupier of any land respecting which such riot takes \r\nplace, or who claims any interest in such land, or in the subject of any dispute which \r\ngive rise to the riot, or who has accepted or derived any benefit there from, the agent \r\nor manager of such person shall be punishable with fine, if such agent or manager, \r\nhaving reason to believe that such riot was likely to be committed or that the \r\nUnlawful assembly by which such riot was committed was likely to be held, shall not \r\nuse all lawful means in his power to prevent such riot or assembly from taking place \r\nand for suppressing and dispersing the same. \r\n157. Harbouring persons hired for an unlawful assembly.– Whoever, harbours, \r\nreceives or assembles, in any house or premises in his occupation or charge, or \r\nunder his control any persons knowing that such persons have been hired, engaged \r\nor employed, or are about to be hired, engaged or employed, to join or become \r\nmembers of an unlawful assembly, 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\n158. Being hired to take part in an unlawful assembly or riot;– Whoever, is \r\nengaged or hired, or offers or attempts to be hired or engaged, to do or assist in \r\ndoing any of the acts specified in Section 141, shall be punished with imprisonment \r\nof either description for a term which may extend to six months, or with fine, or with \r\nboth,  \r\nor to go armed.– and Whoever, being so engaged or aforesaid, goes armed, \r\nor engages or offers to go armed, with any deadly weapon or with anything which \r\nused as a weapon of offence is likely to cause death, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with \r\nfine, or with both. \r\n159. Affray.– When two or more persons, by fighting in a public place, disturb the \r\npublic peace, they are said to \"commit an affray. \r\n160. Punishment for committing affray.– Whoever, commits an affray, shall be \r\npunished with imprisonment of either description for a term which may extend to one \r\nmonth, or with fine which may extend to one 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 \r\nrespect to an official act.– Whoever, being or expecting to be a public servant, \r\naccepts or obtains, agrees to accept, or attempts to obtain from any person, for \r\nhimself or for any other person, any gratification whatever, other than legal \r\nremuneration, as a motive or reward for doing or forbearing to do any official act or \r\nfor showing or forbearing to show, in the exercise of his official functions, favour or \r\ndisfavour to any person, or for rendering or attempting to render any service or \r\ndisservice to any person, with the Federal, or any Provincial Government or \r\nLegislature 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 \r\nboth. \r\nExplanation .– \"Expecting to be a public servant\".– If a person not expecting to \r\nbe in office obtains a gratification by deceiving others into a belief that he is about to \r\nbe in office, and that he will then serve them, he may be guilty of cheating, but he is \r\nnot guilty of the offence defined in this section. \r\n\"Gratification\".– The word \"gratification\" is not restricted to pecuniary \r\ngratifications, or to gratifications estimable in money. \r\n\"Legal remuneration\".– The words \"legal remuneration\" are not restricted to \r\nremuneration, which a public servant can lawfully demand, but include all \r\nremuneration which he is permitted by the authority by which he is employed, to \r\naccept. \r\n\"A motive or reward for doing\".– A person who receives gratification as a \r\nmotive for doing what he does not intend to do, or as a reward for doing what he has \r\ndone, comes within these words. \r\n“Public servant”.– In this section and in Sections 162, 63, 164, 165, 166, \r\n167, 168, 169 and 409, 'public servant' includes an employee of any corporation or \r\nother body or organisation set up, controlled or administered by, or under the \r\nauthority of, the Federal Government. \r\nAdded by the Prevention of Corruption Laws (Amendment) Act, XHI of 1977, \r\nS.2 and Sch. \r\nIllustrations \r\n(a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A's \r\nbrother, as a reward to A for deciding a case in favour of Z. A has committed the \r\noffence defined in this section. \r\n(b) A, holding the office of Consul at the Court of a Foreign Power accepts \r\na lakh of rupees from the Minister of that Power. It does not appear, that A accepted \r\nthis sum as a motive or reward for doing or forbearing to do any particular official act, \r\nor for rendering or attempting to render any particular service to that Power, with the \r\nGovernment of Pakistan. But it does appear that A accepted the sum as a motive or \r\nreward for generally showing favour in the exercise 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 \r\nwith the Government has obtained a title for Z and thus induces Z to give A money \r\nas a reward for this service. A has committed the offence defined in this section. \r\n162. Taking gratification, in order by corrupt or illegal means to influence \r\npublic servant.– Whoever, accepts or obtains, or agrees to accept, or attempts to \r\nobtain from any person, for himself or for any other person, any gratification \r\nwhatever as a motive or reward for inducing, by corrupt or illegal means, any public \r\nservant to do or to forbear to do any official act, or in the exercise of the official \r\nfunctions of such public servant to show favour or disfavour to any person, or to \r\nrender or attempt to render any service or disservice to any person with the Federal \r\nor any Provincial Government or Legislature, or with any public servant, as such, \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to three years, or with fine, or with both. \r\n163. Taking gratification, for exercise of personal influence with public \r\nservant.– Whoever, accepts or obtains or agrees to accept or attempts to obtain, \r\nfrom any person, for himself or for any other person, any gratification whatever, as a \r\nmotive or reward for inducing, by the exercise of personal influence, any public \r\nservant to do or to forbear to do any official act, or in the exercise of the official \r\nfunctions of such public servant to show favour or disfavour to any person, or to \r\nrender or attempt to render any service or disservice to any person with the Federal \r\nor any Provincial Government or Legislature, or with any public servant, as such, \r\nshall be punished with simple imprisonment for a term which may extend to one \r\nyear, or with fine, or with both. \r\nIllustrations \r\nAn advocate who receives a fee for arguing a case before a Judge; a person \r\nwho receives pay for arranging and correcting a memorial addressed to \r\nGovernment, setting forth the service and claims of the memorialist, a paid agent for \r\na condemned criminal, who lays before the Government statements tending to show \r\nthat the condemnation was unjust, 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 \r\nSection 162 or 163.– Whoever, being a public Servant, in respect of whom either of \r\nthe offences defined in the last two preceding sections is committed, abets the \r\noffence, shall be punished with imprisonment of either description for a term which \r\nmay extend to three years, or with fine or with both. \r\nIllustrations \r\nA is a public servant. B, A's wife receives a present as a motive for soliciting A \r\nto give an office to a particular person. A abets her doing so. B is punishable with \r\nimprisonment for a term not exceeding one year, or with fine or with both. A is \r\npunishable with imprisonment for a term which may extend to three years, or with \r\nfine, or with both. \r\n165. Public servant obtaining valuable thing, without consideration from \r\nperson concerned in proceeding or business transacted by such public \r\nservant.– Whoever, being a public servant, accepts or obtains, or agrees to accept \r\nor attempts to obtain, for himself, or for any other person, any valuable thing without \r\nconsideration, or for a consideration which he knows to be inadequate from any \r\nperson 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, \r\nor having any connection with the official functions of himself or of any public servant \r\nto whom he is subordinate, or from any person whom he knows to be interested in or \r\nrelated to the person so concerned, 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\nIllustrations \r\n(a) A, a Collector, 'hires, a house of 2, who has a settlement case pending \r\nbefore, him. It is agreed that A shall pay fifty rupees a month, then house being; \r\nsuch that, if the bargain were made in good faith, A would be required to pay two \r\nhundred rupees a month. A has obtained a valuable thing from Z without adequate \r\nconsideration. \r\n(b) A, a Judge, buys of Z, who has a case pending in A's Court, \r\nGovernment promissory-notes at a discount, when they are selling in the market at a \r\npremium. A has obtained a valuable thing from Z without adequate consideration. \r\n(c)  Z's brother is apprehended and taken before A a Magistrate, on a \r\ncharge of perjury. A sells to Z shares in a bank at a premium, when they are \r\nselling in the market at a discount. Z pays A for the shares accordingly. The money \r\nso obtained by A is a valuable thing obtained by him without adequate consideration, \r\n165-A. Punishment for abetment of offences defined in Sections 161 and 165.– \r\nWhoever, abets any offence punishable under Section 161 or Section 165 shall, \r\nwhether the offence abetted is or is not committed in consequence of the abetment, \r\nbe punished with the punishment provided for the offence. \r\nSec.165-A ins. by the Criminal Law (Amendment) Act, XXXVII of 1953 \r\n165-B. Certain abettors excepted.– A person shall be deemed not to abet an \r\noffence punishable under Section 161 or Section 165 if he is induced, compelled, \r\ncoerced, or intimidated to offer or give any such gratification as is referred to in \r\nSection 161 for any of the purposes mentioned therein, or any valuable thing without \r\nconsideration, or for an inadequate consideration, to any such public servant as is \r\nreferred to in Section 165. \r\nSec, 165-B inst. by the Pakistan Penal Code (Amendment) Ordinance, LIX of 1962. \r\n166. Public servant disobeying law, with intent to cause injury to any \r\nperson.– Whoever, being a public servant, knowingly disobeys any direction of the \r\nlaw as to the way in which he is to conduct himself as such public servant, intending \r\nto cause, or knowing it to be likely that he will, by such disobedience, cause injury to \r\nany person, shall be punished with simple imprisonment for a term which may \r\nextend to one year, or with fine, or with both. \r\nIllustrations \r\nA, being an officer directed by law to take property in execution, in order to \r\nsatisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys \r\nthat direction of law, with the knowledge that he is likely thereby to cause injury to Z.\r\n A has committed the offence defined in this section. \r\n167. Public servant framing an incorrect document with intent to cause \r\ninjury.– Whoever, being a public servant, and being, as such public servant, \r\ncharged with the preparation or translation of any document, frames or translates \r\nthat document in a manner which he knows or believes to be incorrect, intending \r\nthereby to cause or knowing it to be likely that he may thereby cause injury to any \r\nperson, shall be punished with imprisonment of either description for a term which \r\nmay extend to three years, or With fine, or with both. \r\n168. Public servant unlawfully engaging in trade.– Whoever, being a public \r\nservant, and being legally bound as such public servant not to engage in trade, \r\nengages in trade shall be punished with simple imprisonment for a term which may \r\nextend to one year, or with fine, or with both. \r\n169. Public servant unlawfully buying or bidding for property.– Whoever, \r\nbeing a public servant, and being legally bound as such public servant, not to \r\npurchase or bid for certain property, purchases or bids for that property, either in his \r\nown name or in the name of another, or jointly, or in shares with other, shall be \r\npunished with simple imprisonment for a term which may extend to two years, or with \r\nfine, or with both; and the property, if purchased, shall be confiscated. \r\n170. Personating a public servant.– Whoever, pretends to hold any particular \r\noffice as a public servant, knowing that he does not hold such office or falsely \r\npersonates any other person holding such office, and in such assumed character \r\ndoes or attempts to do any act under colour of such office, shall be punished with \r\nimprisonment of either description, for a term which may extend to two years, or with \r\nfine, or with both. \r\n171. Wearing garb or carrying token used by public servant with fraudulent \r\nintent.– Whoever, not belonging to a certain class of public servants, wears any \r\ngarb or carries any token resembling any garb or token used by that class of public \r\nservants, with the intention that it may be believed, or with the knowledge that it is \r\nlikely to be believed, that he belongs to that class of public servants, shall be \r\npunished with imprisonment of either description, for a term which may extend to \r\nthree months, or which may extend to two hundred rupees, or with both. \r\nCHAPTER IX-A \r\nOF OFFENCES RELATING TO ELECTIONS \r\n171-A. \"Candidate\", \"Electoral right\" defined.– For the purposes of this Chapter.– \r\n(a) \"candidate\" means a person who has been nominated as a candidate at \r\nany election and includes a person who, when an election is in contemplation, holds \r\nhimself out as a prospective candidate thereat.– provided 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 \r\nas, or to withdraw from being, a candidate or to vote or refrain from voting at an \r\nelection. \r\n171-B. Bribery.– (1) Whoever,-- \r\n(i) gives a gratification to any person with the object of inducing him or \r\nany other person to exercise any electoral right or of rewarding any \r\nperson for having exercised any such right; or \r\n(ii) accepts either for himself or for any other person any gratification as a \r\nreward for exercising any such right, or for .inducing or attempting to \r\ninduce any other person to exercise any such right, commit the offence \r\nof bribery; \r\nProvided that a declaration of public policy or a promise of public action shall \r\nnot be an offence under the section. \r\n(2) A person who offers, or agrees to give, or offers or attempts to procure, \r\na gratification shall be deemed to give a gratification. \r\n(3) A person who obtains or agrees to accept or attempts to obtain a \r\ngratification shall be deemed to accept a gratification, and a person who accepts a \r\ngratification as a motive for doing what he does not intend to do, or as a reward for \r\ndoing what he has not done, shall be deemed to have accepted the gratification as a \r\nreward. \r\n171-C. Undue influence at election.– (1) Whoever, voluntarily interferes or \r\nattempts to interfere with the free exercise of any electoral right commits the offence \r\nof undue influence at an election. \r\n(2) Without prejudice to the generality of the provisions of sub-section (1), \r\nWhoever; \r\n(a) threatens any candidate or voter, or\" any person in whom a candidate \r\nor voter is interested, with injury of any kind, or \r\n(b) induces or attempts to induce a candidate or voter to believe that he or \r\nany person in whom he is interested will become or will be rendered an \r\nobject of Divine displeasure or ofspiritual censure, shall be deemed to \r\ninterfere with the free exercise of the electoral right of such candidate \r\nor voter, within the meaning of sub-section (1). \r\n(3) A declaration of public policy or a promise of public action, or the mere \r\nexercise of a legal right without intent to interfere with an electoral right, shall not be \r\ndeemed to be interference within the meaning of this section. \r\n171-D. Personation at elections.– Whoever, at an election applies for a voting \r\npaper or votes in the nature of any other person, whether living or dead, or in a \r\nfictitious name, or who having voted once at such election applies at the same \r\nelection for a voting paper in his own name, and Whoever, abets, procures or \r\nattempts to procure the voting by any person in any such way, commits the offence \r\nof personation at an election. \r\n171-E.  Punishment for bribery.– Whoever, commits the offence of bribery shall be \r\npunished with imprisonment of either description for a term-which may extend to one \r\nyear, or with fine or with both; \r\nProvided that bribery by treating shall be punished with fine only. \r\nExplanation.– Treating' means that form of bribery where the gratification consist in \r\nfood, drink, entertainment, or provision. \r\n171-F.  Punishment for undue influence or personation at an election.– \r\nWhoever, commits the offence of undue influence or personation at an election shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\none year, or with fine, or with both. \r\n171 -G. False statement in connection with an election.– Whoever, with intent to \r\naffect the result of an election makes or publishes any statement purporting to be a \r\nstatement of fact which is false and which he either knows or believes to be false or \r\ndoes not believe to be true, in relation to the persona! character or conduct of any \r\ncandidate shall be punished with fine. \r\n171-H. Illegal payments in connection with an election.– Whoever, without the \r\ngeneral or special authority in writing of a candidate incurs or authorises expenses \r\non account of the holding of any public meeting, or upon any advertisement, circular \r\nor publication, or in any other way whatsoever for the purpose of promoting or \r\nprocuring the election of such candidate, shall be punished with fine which may \r\nextend to five hundred rupees.– \r\nProvided that if any person having incurred any such expenses not exceeding \r\nthe amount of ten rupees without authority obtains within ten days from the date on \r\nwhich such expenses were incurred the approval in writing of the candidate, he shall \r\nbe deemed to have incurred such expenses with the authority of the candidate. \r\n171-I.   Failure to keep election accounts.– Whoever, being required by any law \r\nfor the time being in force or any rule having the force of law to keep accounts of \r\nexpenses incurred at or in connection with an election fails to keep such accounts \r\nshall be punished with fine which may extend to five hundred rupees. \r\n171-J.  Inducing any person not to participate in any election or referendum, \r\netc.– Whoever, by words, either spoken or written, or by visible representations, \r\ninduces or directly or indirectly, persuades or instigates, any person not to participate \r\nin, or to boycott, any election or referendum, or not to exercise his right of vote \r\nthereat, shall be punishable with imprisonment of either description for a term which \r\nmay extend to three years, or with fine which may extend to five lac rupees, or with \r\nboth. \r\nSec.171-J, inst. by the Criminal Law (Third Amendment) Ordinance LIV of 1984. \r\nChapter IX-A ins. by the Election Offence and Inquiries Act. XXXIX of 1920 \r\nCHAPTERX \r\nOF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS \r\n172. Absconding to avoid service of summons or other proceeding.– \r\nWhoever, absconds in order to avoid being served with a summons, notice or order \r\nproceeding from any public servant legally competent, as such public servant, to \r\nissue such -summons, notice or order, shall be punished with simple imprisonment \r\nfor a term which may extend to one month, or with fine which may extend to five \r\nhundred rupees, or with both; or, if the summons or notice or order is to attend in \r\nperson or by agent, or to produce a document in a Court of Justice, with simple \r\nimprisonment for a term which may extend to six months, or with fine which may \r\nextend to one thousand rupees, or with both. \r\n173. Preventing service of summons or other proceeding, or preventing \r\npublication thereof.– Whoever, in any manner intentionally prevents the serving on \r\nhimself, or on other person, of any summons, notice or order proceeding from any \r\npublic servant legally competent as such public servant, to issue such summons, \r\nnotice or order, or intentionally prevents the lawful affixing to any place of any such \r\nsummons, notice or order, or intentionally removes any such summons, notice or \r\norder, from any place to which it is lawfully affixed, or intentionally prevents the lawful \r\nmaking of any proclamation, under .the authority of any public servant legally \r\ncompetent, as such public servant, to direct such proclamation to be made, shall be \r\npunished with simple imprisonment for a term which may extend to one month, or \r\nwith fine which may extend to five hundred rupees, or with both; or if the summons, \r\nnotice, order or proclamation is to attend in person or by agent, or to produce a \r\ndocument in a Court of Justice, with simple imprisonment for a term which may \r\nextend to six months, or with fine which may extend to one thousand rupees, or with \r\nboth. \r\n174. Non-attendance in obedience to an order from public servant.– Whoever, \r\nbeing legally bound to attend in person or by an agent at a certain place and time in \r\nobedience to a summons, notice, order or proclamation proceeding from any public \r\nservant legally competent, as such public servant to issue the same, intentionally \r\nomits to attend at that place or time, departs from the place where he is bound to \r\nattend before the time at which it is lawful for him to depart, shall be punished with \r\nsimple imprisonment for a term which may extend to one month, or with fine which \r\nmay extend to five hundred rupees, or with both; or, if the summons, notice, order or \r\nproclamation is to attend in person or by agent in a Court of Justice, with simple \r\nimprisonment for a term which may extend to six months, or with fine which may \r\nextend to one thousand rupees, or with both; or, if the proclamation be under Section \r\n87 of the Code of Criminal Procedure, 1898, with imprisonment which may extend to \r\nthree years, or with fine, or with both. \r\nIllustrations \r\n(a) A, being legally bound to appear before the High Court of Sind in \r\nobedience to a subpoena issuing from that Court, intentionally omits to appear. A \r\nhas committed the offence defined in this section. \r\n(b) A, being legally bound to appear before a Zila Judge as a witness in \r\nobedience to a summons issued by that Zila Judge, intentionally omits to appear. A \r\nhas committed the offence defined in this section. \r\n175. Omission to produce document to public servant by person legally \r\nbound to produce it.– Whoever, being legally bound to produce or deliver up any \r\ndocument to any public servant, as such, intentionally omits so to produce or deliver \r\nup 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 five hundred rupees, or with \r\nboth; or, if the document is to be produced or delivered up to Court of Justice, with \r\nsimple imprisonment for a term which may extend to six months, or with fine which \r\nmay extend to one thousand rupees, or with both. \r\nIllustrations \r\nA, being legally bound to produce a document before a Zila Court, \r\nintentionally omits to produce the same. A has committed the offence defined in this \r\nsection. \r\n176. Omission to give notice or information to public servant by person \r\nlegally bound to give it.– Whoever, being legally bound to give any notice or to \r\nfurnish information on any subject to any public servant, as such, intentionally omits \r\nto give such notice or to furnish such information in the manner and at the time \r\nrequired by law, shall be punished with simple imprisonment for a term which may \r\nextend to one month, or with fine which may extend to five hundred rupees, or with \r\nboth; or, if the notice or information required to be given respects the commission of \r\nan offence, or is required for the purpose of preventing the commission of an \r\noffence, or in order to the apprehension of an offender, with simple imprisonment for \r\na term which may extend to six months, or with fine which may extend to one \r\nthousand rupees or with both; or, if the notice or information required to be given is \r\nrequired by an order passed under sub-section (1) of Section 565 of the Code of \r\nCriminal Procedure, 1898 (V of 1898) with imprisonment, of either description for a \r\nterm which may extend to six months, or with fine which may extend to one thousand \r\nrupees, or with both. \r\n177. Furnishing false information.– Whoever, being legally bound to furnish \r\ninformation on any subject to any public servant, as such, furnishes, as true, \r\ninformation on the subject which he knows or has reason to believe to be false, shall \r\nbe punished with simple imprisonment for a term which may extend to six months, or \r\nwith fine which may extend to one thousand rupees, or with both; or, if the \r\ninformation 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 \r\nto the apprehension of an offender, with imprisonment of either description for a term \r\nwhich may extend to two years, or with fine, or with both. \r\nIllustrations \r\n(a) A, a landholder, knowing of the commission of a murder within the \r\nlimits of his estate, wilfully misinforms the Magistrate of the district that the death has \r\noccurred by accident in consequence of the bite of a snake. A is guilty of the \r\noffence defined in this section. \r\n(b) A, a village watchman, knowing that a considerable body of strangers \r\nhas passed through his village in order to commit a dacoity in the house of Z a \r\nwealthy merchant residing in a neighbouring place, and being bound, under Clause \r\n5, Section Vll, Regulation III, 1821, of the Bengal Code to give early and punctual \r\ninformation of the above fact to the officer, of the nearest police station, wilfully \r\nmisinforms the police-officer that a body of suspicious characters passed through the \r\nvillage with a view to commit dacoity in a certain distinct place in A different direction. \r\nHere A is guilty of the offence defined in the latter part of this section. \r\nExplanation.– In Section 176 and in this section the word \"offence\" includes any act \r\ncommitted at any place out of Pakistan, which, if committed in Pakistan, would be \r\npunishable under any of the following sections, namely, 302, 304, 382, 392, 393, \r\n394, 395; 396, 397, 398, 399, 402, 435, 436, 449, 450.457, 458, 459 and 460; and \r\nthe word \"offender\" includes any person who is alleged to have been guilty of any \r\nsuch act. \r\n178. Refusing oath or affirmation when duly required by public servant t \r\nmake it.– Whoever, refuses to bind himself by an oath or affirmation to state the \r\ntruth, when required so to bind himself by a public servant legally competent to \r\nrequire that he shall so bind himself, shall be punished with simple imprisonment far \r\na term which may extend to six months, or with tine which may extend to one \r\nthousand rupees, or with both. \r\n179. Refusing to answer public servant authorised to question.– Whoever, \r\nbeing legally bound to state the truth on any subject to any public servant, refuses to \r\nanswer any question demanded of him touching that subject by such public servant \r\nin the exercise of the legal, powers of such public servant shall be punished with \r\nsimple imprisonment for a term which may extend to six months, or with fine which \r\nmay extend to one thousand rupees, or with both. \r\n180. Refusing to sign statement.– Whoever, refuses to sign any statement made \r\nby him, when required to sign that statement by a public servant legally competent to \r\nrequire that he shall sign that statement, shall be punished with simple imprisonment \r\nfor a term which may extend to six months, or with fine which may extend to five \r\nthousand rupees, or with both. \r\n181. False statement on oath or affirmation to public servant or person \r\nauthorised to administer an oath or affirmation.– Whoever, being legally bound \r\nby an oath or affirmation to state the truth on any subject to any public servant or \r\nother person authorized by law to administer such oath or affirmation, makes, to \r\nsuch public servant or other person as aforesaid, touching that subject any \r\nstatement which is false, and which he either knows or believes to be false or does \r\nnot believe to be true, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years, and shall also be liable to fine. \r\n182. False information with intent to cause public servant to use his lawful \r\npower to the injury of another person.– Whoever, gives to any public servant any \r\ninformation which he knows or believes to be false, intending thereby to cause, or \r\nknowing it to be likely that he will thereby cause, such public servant. \r\n(a) to do or omit anything which such public servant ought not to do or omit \r\nif the true state of facts respecting which such information is given were \r\nknown by him, or \r\n(b) to use the lawful power of such public servant to the injury or \r\nannoyance of any person, shall be punished with imprisonment of \r\neither description for a term which may extend to six months, or with \r\nfine which may extend to one thousand rupees, or with both. \r\nIllustrations \r\n(a) A informs a Magistrate that Z, a police-officer, subordinate to such \r\nMagistrate, has been guilty of neglect of duty or misconduct, knowing such \r\ninformation to be false, and knowing it to be likely that the information will cause the \r\nMagistrate to dismiss Z. A has committed the offence defined in this section. \r\n(b) A falsely informs a public servant that Z has contraband salt in a secret \r\nplace, knowing such information to be false, and knowing that it is likely that the \r\nconsequence of the information will be a search of premises, attended with \r\nannoyance to Z. A has committed the offence defined in this section. \r\n(c) A falsely informs a policeman that he has been assaulted and robbed \r\nin the neighbourhood of a particular village. He does not mention the name of any \r\nperson as one of his assailants, but knows it to be likely that in consequence of their \r\ninformation the police will make enquiries and institute searches in the village to the \r\nannoyance of the villagers or some of them. A has committed an offence under this \r\nsection. \r\n183. Resistance to the taking of property by the lawful authority of a public \r\nservant.– Whoever, offers any resistance to the taking of any property by the lawful \r\nauthority of any public servant, knowing or having reason to believe that he is such \r\npublic servant, shall be punished with imprisonment of either description for a term \r\nwhich may extend to six months, or with fine which may extend to one thousand \r\nrupees, or with both. \r\n184. Obstructing sale of property offered for sale by authority of public \r\nservant.– Whoever, intentionally obstructs any sale of property offered for sale by \r\nthe lawful authority of any public servant, as such, shall be punished with \r\nimprisonment of either description for a term which may extend to one month, or with \r\nfine which may extend to five hundred rupees, or with both. \r\n185. Illegal purchase or bid for property offered for sale by authority of public \r\nservant.– Whoever, at any sale of property held by the lawful authority of a public \r\nservant, as such, purchases or bids for any property on account of any person, \r\nwhether himself or \"any other, whom he knows to be under a legal incapacity to \r\npurchase 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 \r\nimprisonment of either description for a term which may extend to one month, or with \r\nfine which may extend to two hundred rupees, or with both. \r\n186. Obstructing public servant in discharge of public functions.– Whoever, \r\nvoluntarily obstructs any public servant in the discharge of his public functions, shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\nthree months, or With fine which may extend to five hundred rupees, or with both. \r\n187. Omission to assist public servant when bound by law to give \r\nassistance.– Whoever, being bound by law to render or furnish assistance to any \r\npublic servant in the execution of his public duty, intentionally omits to give such \r\nassistance, shall be punished with simple imprisonment for a term which may extend \r\nto one month, or with fine which may extend to two hundred rupees, or with both; \r\nand if such assistance, be demanded of him by public servant legally competent to \r\nmake such demand for the purposes of executing any process lawfully issued by a \r\nCourt of Justice, or of preventing the commission of an offence, or of suppressing a \r\nriot, or affray, or of apprehending a person charged with or guilty of an offence, or of \r\nhaving escaped from lawful custody, shall be punished with simple imprisonment for \r\na term which may extend to six months, or with fine which may extend to five \r\nhundred rupees, or with both. \r\n188. Disobedience to order duly promulgated by public servant.– Whoever, \r\nknowing that, by an order promulgated by a public servant lawfully empowered to \r\npromulgate such order, he is directed to abstain from a certainact, or to take certain \r\norder with certain property in his possession or under his management, disobeys \r\nsuch direction, shall, if such disobedience causes or tends to cause obstruction, \r\nannoyance or injury or risk of obstruction, annoyance or injury, to any persons \r\nlawfully employed, be punished with simple imprisonment for a term which may \r\nextend to one month or with fine which may extend to two hundred rupees, or with \r\nboth; and if such disobedience causes or tends to cause danger to human' life, \r\nhealth or safety, or causes or tends to cause a riot or affray, shall be punished with \r\nimprisonment of either description for a term which may extend to six months, or with \r\nfine which may extend to one thousand rupees, or with both. \r\nExplanation.– It is not necessary that the offender should intend to produce harm, \r\nor contemplate his disobedience as likely to produce harm. It is sufficient that he \r\nknows of the order which he disobeys, and that his disobedience produces, or is \r\nlikely to produce harm. \r\nIllustrations \r\nAn order is promulgated by a public servant lawfully empowered to \r\npromulgate such order, directing that a religious procession shall not pass down a \r\ncertain street. A, knowingly disobeys the order, and thereby causes danger of riot. A \r\nhas committed the offence defined in the section. \r\n189. Threat of injury to public servant.– Whoever, holds out any threat of injury \r\nto any public servant, or to any person in whom he believes that public servant to be \r\ninterested, for the purpose of inducing that public servant to do any act or to forbear \r\nor delay to do any act, connected with the exercise of the public functions of such \r\npublic 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\n190. Threat of injury to induce person to refrain from applying for protection \r\nto public servant.– Whoever, holds out any threat of injury to any person for the \r\npurpose of inducing that person to refrain or desist from making a legal application \r\nfor protection against any injury to any public servant legally empowered as such to \r\ngive such protection, or to cause such protection to be given, shall be punished with \r\nimprisonment of either description for a term which may extend to one year, or with \r\nfine, 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 \r\nexpress provision of law to state the truth, or being bound by law to make a \r\ndeclaration upon any subject, makes any statement which is false, and which he \r\neither knows or believes to be false or does not believe to be true, is said to give \r\nfalse evidence. \r\nExplanation 1.– A statement is within the meaning of this section, whether it is \r\nmade verbally or otherwise. \r\nExplanation 2.– A false statement as to the belief of the person attesting is \r\nwithin the meaning of this section, and a person may be guilty of giving false \r\nevidence by stating that he believes a thing which he does not believe, as well as by \r\nstating 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 \r\nrupees, falsely swear on a trial that he heard Z admit the justice of B's claim- A has \r\ngiven false evidence. \r\n(b) A, being bound by an oath to state the truth, states that he believes a \r\ncertain signature to be the handwriting of Z, when he does not believe it to be the \r\nhandwriting of Z. Here A states that which he knows to be false, and therefore gives \r\nfalse evidence. \r\n(c) A, knowing the general character of Z's handwriting, states that he \r\nbelieves a certain signature to be the handwriting of Z. A in good faith believing it to \r\nbe so. Here A's statement is merely as to his believe, and is true as to his belief, and \r\ntherefore although the signature may not be handwriting of Z, A has not given false \r\nevidence. \r\n(d) A, being bound by an oath to state the truth, states that he knows that \r\nZ was at a particular place on a particular day, not knowing anything upon the \r\nsubject, A gives false 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 \r\nor translation of a statement, which he is bound by oath to interpret or translate truly, \r\nthat which is not and which he does not believe to be a true interpretation or \r\ntranslation. A has given false evidence. \r\n192. Fabricating false evidence.– Whoever, causes any circumstance to exist or \r\nmakes any false entry in any book or record, or makes any document containing a \r\nfalse statement, intending that such circumstance, false entry or false statement may \r\nappear in evidence in a judicial proceeding, or in a proceeding taken by law before a \r\npublic servant as such, or before an arbitrator, and that such circumstance, false \r\nentry 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 \r\nopinion touching any point material to the result of such proceeding, is said to \r\nfabricate false evidence. \r\nIllustrations \r\n(a) A puts jewels into a box belonging to Z, with the intention that they may \r\nbe found in that box, and that this circumstance may cause Z to be convicted of theft.\r\n A has fabricated. \r\n(b) A makes a false entry in his shop-book for the purpose of using it as \r\ncorroborative evidence 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 \r\nconspiracy, writes a .letter in imitation of Z's handwriting, purporting to be addressed \r\nto an accomplice in such criminal conspiracy, and puts the letter in a place which he \r\nknows that the officers of the Police are likely to search A has fabricated false \r\nevidence. \r\n193. Punishment for false evidence.– Whoever, intentionally gives false \r\nevidence in any stage of a judicial proceeding, or fabricates false evidence for the \r\npurpose of being used in any stage of a judicial proceeding, shall be punished with \r\nimprisonment of either description for a term, which may extend to seven years, and \r\nshall also be liable to fine; and Whoever, intentionally gives or fabricates false \r\nevidence in any other case, shall, be punished with imprisonment of either \r\ndescription\" for a term which may extend to three years, and shall also be liable to \r\nfine. \r\nExplanation 1.– A trial before a Court-martial is a judicial proceeding. \r\nExplanation 2.– An investigation directed by law preliminary to a proceeding before \r\na Court of Justice, is a stage of a judicial proceeding, though that investigation may \r\nnot take place before a Court of Justice. \r\nIllustrations \r\n[Omitted by the Federal Laws (Revision and Declaration) \r\nOrdinance, XXVII of 1981]. \r\nExplanation 3.– An investigation directed by a Court of Justice according to law, \r\nand conducted under the authority of a Court of Justice, is a stage of a judicial \r\nproceeding/though that investigation may not take place before a Court of Justice. \r\nIllustrations \r\nA, in an enquiry before an officer deputed by a Court of Justice to ascertain on \r\nthe spot the boundaries of land, makes on oath a statement which he knows to be \r\nfalse. As this enquiry is a stage of a judicial proceeding, A has given false evidence. \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 \r\ncause, or knowing it to be likely that he will thereby cause any person to be \r\nconvicted on an offence which is capital by any law for the time being in force, shall \r\nbe punished with 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\nif innocent person be thereby convicted and executed.– and if an innocent \r\nperson be convicted and executed in consequence of such false evidence the \r\nperson who gives such false evidence shall be punished either with death or the \r\npunishment hereinbefore described. \r\n195. Giving or fabricating false evidence with intent to procure conviction of \r\noffence punishable with imprisonment for life or for a term of seven years or \r\nupwards.– Whoever, gives or fabricates false evidence intending thereby to cause, \r\nor knowing it to be likely that he will thereby cause any person to be convicted of an \r\noffence which by any taw for the time being in force is not capital, but punishable \r\nwith imprisonment for life, or imprisonment for a term of seven years or upwards, \r\nshall be punished as a person convicted of that offence would be liable to be \r\npunished. \r\nIllustrations \r\nA gives false evidence before a Court of Justice, intending thereby to cause Z \r\nto be convicted of a dacoity. The punishment of dacoity is imprisonment for life or \r\nrigorous imprisonment for a term, which may extend to ten years, with or without \r\ntine. A, therefore, is liable to such imprisonment for life or imprisonment with or \r\nwithout fine. \r\n196. Using evidence known to be false.– Whoever, corruptly uses or attempts to \r\nuse as true or genuine evidence, any evidence which he knows to be false or \r\nfabricated, shall be punished in the same manner as if he gave or fabricated false \r\nevidence. \r\n197. Issuing or signing false certificate.– Whoever, issues or signs any \r\ncertificate required by law to be given or signed, or relating to any fact of which such \r\ncertificate is by law admissible in evidence, knowing or believing that such certificate \r\nis false in any material point, shall be punished in the same manner as if he gave \r\nfalse evidence. \r\n198. Using as true a certificate known to be false.– Whoever, corruptly uses or \r\nattempts to use any such certificate as a true certificate, knowing the same to be \r\nfalse in any material point, shall be punished in the same manner as if he gave false \r\nevidence. \r\n199. False statement made in declaration which is by law receivable as \r\nevidence.– Whoever, in any declaration made or subscribed by him, which \r\ndeclaration any Court of Justice, or any public servant or other person, is bound or \r\nauthorized by law to receive as evidence of any fact, makes any statement which is \r\nfalse, and which he either knows or believes to be false or does not believe to be \r\ntrue, touching any point material to the object-for which the declaration is made or \r\nused, shall be punished in the same manner as if he gave false evidence. \r\n200. Using as true such declaration knowing it to be false.– Whoever, corruptly \r\nuses or attempts to use as true any such declaration, knowing the same to be false \r\nin any material point, shall be punished in the same manner as if he gave false \r\nevidence. \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 \r\ninformation to screen offender.– Whoever, knowing or having reason to believe \r\nthat an offence has been committed, causes any evidence of the commission of that \r\noffence to disappear, with the intention of screening the offender from legal \r\npunishment, or with that intention gives any information respecting the offence which \r\nhe knows or believes to be false; \r\nif a capital offence.– shall, if the offence which he knows or believes to have \r\nbeen committed is punishable with death, be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine; \r\nif punishable with imprisonment for life.– and if the offence is punishable \r\nwith imprisonment for fife, or with imprisonment which may extend to ten years shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\nthree years, and shall also be liable to fine.– \r\nif punishable with less than ten years' imprisonment.– and if the offence is \r\npunishable with imprisonment for any term not extending to ten years, shall be \r\npunished with imprisonment of the description provided for the offence, for a term \r\nwhich may extend to one-fourth part of the longer term of the imprisonment provided \r\nfor the offence, or with tine, or with both, \r\nIllustrations \r\nA, knowing that B has murdered Z, assists B to hide the body with the \r\nintention of screening 6 from punishment. A is liable to imprisonment of either \r\ndescription for seven years, and also to fine. \r\n202. Intentional omission to give information of offence by person bound to \r\ninform.– Whoever, knowing or having reason to believe that an offence has been \r\ncommitted, intentionally omits to give any information respecting that offence which, \r\nhe is legally bound to give, shall be punished with imprisonment of either description \r\nfor a term which may extend to six months, or with fine, or with both. \r\n203. Giving false information respecting an offence committed.– Whoever, \r\nknowing or having reason to believe that an offence has been committed, gives any \r\ninformation respecting that offence which he knows or believes to be false shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\nExplanation.– In Sections 201 and 202 in this section the word \"offence\" includes \r\nany act committed at any place out of Pakistan, which, if committed in Pakistan, \r\nwould be punishable under any of the following sections, namely, 302, 304, 382, \r\n392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, and \r\n460. \r\n204. Destruction of document to prevent its production as evidence.– \r\nWhoever, Secrets or destroys any document which he may be lawfully compelled to \r\nproduce as evidence in a Court of Justice, or in any proceeding lawfully held before \r\na public servant, as such, or obliterates or renders illegible the whole or any part of \r\nsuch document with the intention of preventing the same from being produced or \r\nused as evidence before such Court, or public servant as aforesaid, or after he shall \r\nhave been lawfully summoned or required to produce the same for that purpose, \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to two years or with fine, or with both. \r\n205. False personation for purpose of act or proceeding in suit or \r\nprosecution.– Whoever, falsely personates another, and in such assumed character \r\nmakes any admission or statement, or confesses judgment, or causes any process \r\nto be issued or becomes bail or security, or does any other act in any suit or criminal \r\nprosecution, shall be punished with imprisonment of either description for a term \r\nwhich may extend to three years or with fine, or with both. \r\n206. Fraudulent removal or concealment of property to prevent its seizure as \r\nforfeited or in execution.– Whoever, fraudulently removes, conceals, transfers or \r\ndelivers to any person any property or any interest therein, intending thereby to \r\nprevent that property or interest therein from being taken as a forfeiture or in \r\nsatisfaction of a fine, under a sentence which has been pronounced, or which he \r\nknows 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 \r\nmade, or which he knows to be likely to be made by a Court of Justice in a civil suit, \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to two years, or with fine, or with both. \r\n207. Fraudulent claim to property to prevent its seizure as forfeited or in \r\nexecution.– Whoever, fraudulently accepts, receives or claims any property or any \r\ninterest therein, knowing that he has no right or rightful claim to such property or \r\ninterest, or practises any deception touching any right to any property or any interest \r\ntherein, intending thereby to prevent that property or interest therein from being \r\ntaken 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 \r\nor other competent authority, or from being taken in execution of a decree or order \r\nwhich has been made, or which he knows to be likely to be made by a Court of \r\nJustice in a civil suit, 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\n208. Fraudulently suffering decree for sum not due.– Whoever, fraudulently \r\ncauses or suffers a decree or order to be passed against him at the suit of any \r\nperson for a sum not due, or for a larger sum than is due to such person or for any \r\nproperty or interest in property to which such person is not entitled, or fraudulently \r\ncauses or suffers a decree or order to be executed against him after it has been \r\nsatisfied, or for anything in respect of which it has been satisfied, shall be' punished \r\nwith imprisonment of either description for a term which may extend to two years, or \r\nwith fine, or with both. \r\nIllustrations \r\nA institutes a suit against Z.Z, knowing that A is likely to obtain a decree \r\nagainst him fraudulently suffers a judgment to pass against him for a larger amount \r\nat the Suit of B, who has no just claim against him, in order that B, either on his own \r\naccount or for the benefit of Z, may share in the proceeds of any sale of Z's property \r\nwhich may be made under A's decree. Z has committed an offence under this \r\nsection. \r\n209. Dishonestly making false claim in Court.– Whoever, fraudulently or \r\ndishonestly, or with intent to injure any person, makes in a Court of Justice any claim \r\nwhich he knows to be false, shall be punished with imprisonment of either \r\ndescription for a term which may extend to two years, and shall also be liable to fine. \r\n210. Fraudulently obtaining decree for sum not due.– Whoever, fraudulently \r\nobtains a decree or order against any person for a sum not due, or for a larger sum \r\nthan is due, or for any property or interest in property to which he is not entitled, or \r\nfraudulently causes a decree or order to be executed against any person after it has \r\nbeen satisfied or for anything in respect of which it has been satisfied, or \r\nfraudulently, suffers or permits any such act to be done in his name, shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\n211. False charge of offence made with intent to injure.– Whoever, with intent \r\nto cause injury to any person, institutes or causes to be instituted any criminal \r\nproceeding against that person, or falsely charges any person with having committed \r\nas offence, knowing that there is no just or lawful ground for such proceeding or \r\ncharge against that person, shall be punished with imprisonment of either description \r\nfor a term which may extend to two years, or with fine, or with both, and if such \r\ncriminal proceeding be instituted on a false charge of an offence punishable with \r\ndeath, imprisonment for life or imprisonment for seven years or upwards, shall be \r\npunishable with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine. \r\n212. Harbouring offender.– Whenever, an offence has been committed, \r\nWhoever, harbours or conceals a person whom he knows or has reason to believe to \r\nbe the offender, with the intention of screening him from legal punishment, if a \r\ncapital 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 \r\nshall also be liable to fine, \r\nIf punishable with imprisonment for life, or with imprisonment.– and if the \r\noffence is punishable with imprisonment for life or with imprisonment which may \r\nextend to ten years, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years, and shall also be liable to fine, and if the \r\noffence 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 \r\noffence for a term which may extend to one-fourth part of the longest term of \r\nimprisonment provided for the offence, or with fine, or with both.\"Offence\" in this \r\nsection includes, any act committed at any place out of Pakistan, which, if committed \r\nin Pakistan, would be punishable under any of the following sections, namely 302, \r\n304, 382, 392, 393, 394, 395, 396, 397, 398, 399.402, 435, 436, 449, 450, 457, 458, \r\n459, and 460 and every such act shall, for the purposes of this section, be deemed \r\nto be punishable as if the accused person had been guilty of it in Pakistan. \r\nException.– This provision shall not extend to any case in which the harbour or \r\nconcealment is by the husband or wife of the offender. \r\nIllustrations \r\nA knowing that B has committed dacoity, knowingly conceals S in order to \r\nscreen him legal punishment. Here, as S is liable to imprisonment for life, A is liable \r\nto imprisonment of either description for a term not exceeding three years, and is \r\nliable to fine. \r\n213. Taking gift, etc., to screen an offender from punishment.– Whoever, \r\naccepts or attempts to obtain, or agrees to accept, any gratification for himself or any \r\nother person, or any restitution of property to himself or any other person, in \r\nconsideration of his concealing an offence or of his screening any person from legal \r\npunishment for any offence, or of his not proceeding against any person for the \r\npurpose of bringing him to legal punishment; \r\nif a capital offence.– shall, if the offence is punishable with death, be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine; \r\nif punishable with imprisonment for life, or with imprisonment.– and if the \r\noffence is punishable with imprisonment for life or with imprisonment which may \r\nextend to ten years, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years, and shall also be liable to fine; and if the \r\noffence is punishable with imprisonment not extending to ten years, shall be \r\npunished with imprisonment of the description provided for the offence for a term \r\nwhich may extend to one-fourth part of the longest term of imprisonment provided for \r\noffence, or with fine, or with both. \r\n214. Offering gift or restoration of property in consideration of screening \r\noffender.– Whoever, gives or causes or offers or agrees to give or cause, any \r\ngratification to any person, or to restore or cause the restoration of any property to \r\nany person, in consideration of that person's concealing an offence, or of his \r\nscreening 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 the offence is punishable with death, be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine;  \r\nif punishable with imprisonment for life, or with imprisonment.– and if the \r\noffence is punishable with imprisonment for life, or with imprisonment which may \r\nextend to ten years, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years, and shall also be liable to fine; and if the \r\noffence is punishable with imprisonment not extending to fen years, shall be \r\npunished with imprisonment of the description provided for the offence for a term \r\nwhich may extend to one-fourth part of the longest term of imprisonment provided for \r\nthe offence, or with fine, or with both. \r\nException.– The provisions of Sections 213 and 214 do not extend to any case \r\nin which the offence may lawfully be compounded. \r\nIllustrations \r\n [Rep. by the Code of Criminal Procedure, X of 1882]. \r\n215. Taking gift to help to recover property, etc.– Whoever, takes or agrees or \r\nconsents to take any gratification under pretence or on account of helping any \r\nperson to recover any movable property of which he shall have been deprived by \r\nany offence punishable under this Code, shall, unless he uses all means in his \r\npower to cause the offender to be apprehended and convicted of the offence, be \r\npunished 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 \r\napprehension has been ordered.– Whenever, any person convicted of, or charged \r\nwith an offence, being in lawful custody for that offence, escapes from such custody, \r\nor Whenever, a public servant, in the exercise of the lawful powers of such public \r\nservant, orders a certain person to be apprehended for an offence, Whoever, \r\nknowing of such escape or order for apprehension, harbours or conceals that person \r\nwith the intention of preventing him from being apprehended, shall be punished in \r\nthe manner following, that is to say; \r\nif a capital offence.– if the offence for which the person was in custody or is \r\nordered to be apprehended is punishable with death, he shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine; \r\nif punishable with imprisonment for life, or with imprisonment.– if the \r\noffence is punishable with imprisonment for life or imprisonment for ten years, he \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to three years, with or without fine; and if the offence is punishable with \r\nimprisonment which may extend to one year and not to ten years, he shall be \r\npunished with imprisonment of the description provided for the offence for a term \r\nwhich may extend to one fourth part of the longest term of the imprisonment \r\nprovided for such offence or with fine, or with both.\"Offence\" in this section includes \r\nalso any act or omission of which a person is alleged to have been guilty out of \r\nPakistan which, if he had been guilty of it in Pakistan would have been punishable as \r\nan offence, and for which he is under any law relating to extradition, or otherwise, \r\nliable to be apprehended or detained in custody in Pakistan, and every such act or \r\nomission shall, for the purposes of this section, be deemed to be punishable as if the \r\naccused person had been guilty of it in Pakistan. \r\nException.– This provision does not extend to the case in which the harbour or \r\nconcealment is by the husband or wife of the person to be apprehended. \r\n216-A. Penalty for harbouring robbers or dacoits.– Whoever, knowing or \r\nhaving reason to believe that any persons are about to commit or have recently \r\ncommitted robbery or dacoity, harbours them or any of them, with the intention of \r\nfacilitating the commission of such robbery or dacoity, or of screening them or any of \r\nthem from punishment, shall be punished with rigorous imprisonment for a term \r\nwhich may extend to seven years, and shall also be liable to fine. \r\nExplanation.– For the- purposes of this Section it is immaterial whether the \r\nrobbery or dacoity is intended to be committed, or has been committed, within or \r\nwithout Pakistan. \r\nException.– This provision does not extend to the case in which the harbour is \r\nby the husband or wife of the offender. \r\nSec.216-A ins. by the Criminal Law (Amendment) Act, 111 of 1894. \r\n216-B. Definition of \"harbour\" in Sections 212, 216and 216-A [Omitted by the \r\nPenal Code (Amendment) Act, VIII of 1942, S.3] \r\n217. Public servant disobeying direction of law with intent to save persons \r\nfrom punishment or property from forfeiture.– Whoever, being a public servant, \r\nknowingly disobeys any direction of-the taw as to the way in which he is to conduct \r\nhimself as such public servant, intending thereby to save or knowing it to be likely \r\nthat he will thereby save, any person from legal punishment, or Subject him to a less \r\npunishment than that to which he is liable, or with intent to save, or knowing that he \r\nis likely thereby to save, any property from forfeiture or any charge to which it is \r\nliable by law, 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\n218. Public servant framing incorrect record or writing with intent to save \r\nperson from punishment or property from forfeiture.– Whoever, being a public \r\nservant, and being as such public servant, charged with the preparation of any \r\nrecord or other writing, frames that record 'or writing-in a manner which he knows to \r\nbe incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, \r\nloss 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 \r\nintent to save, or knowing that he is likely thereby to save, any property from \r\nforfeiture or other charge to which it is liable by law, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, or \r\nwith fine or with both. \r\n219. Public servant in judicial proceeding corruptly making report, etc., \r\ncontrary to law.– Whoever, being a public servant, corruptly or maliciously makes \r\nor pronounces in any stage of a judicial proceeding, any report, order, verdict, or \r\ndecision which he knows to be contrary to law, shall be punished with imprisonment \r\nof either description for a term which may extend to seven years, or with fine, or with \r\nboth. \r\n220. Commitment for trial or confinement by person having authority who \r\nknows that he Is acting contrary to law.– Whoever, being in any office which gives \r\nhim legal authority to commit persons for trial or to confinement, or to keep persons \r\nin confinement, corruptly or maliciously commits any person for trial or confinement, \r\nor keeps any person in confinement, in the exercise of that authority, knowing that in \r\nso doing he is acting contrary to law, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, or with fine, or with both. \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 \r\nto apprehend or to keep in confinement any person charged with or liable to be \r\napprehended for an offence, intentionally omits to apprehend such person, or \r\nintentionally suffers such person to escape, or intentionally aids such person in \r\nescaping or attempting to escape from such confinement, shall be punished as \r\nfollows, that is to say- \r\nwith imprisonment of either description for a term which may extend to seven \r\nyears, with or without fine, if the person in confinement, or who ought to have been \r\napprehended, was charged with or liable to be apprehended for, an offence \r\npunishable with death; or with imprisonment of either description for a term which \r\nmay extend to three years, with or without fine, if the person in confinement, or who \r\nought to have been apprehended, was charged with, or liable to be apprehended for \r\nan offence punishable with imprisonment for life or imprisonment for a term which \r\nmay extend to ten years; or \r\nwith imprisonment of either description for a term which may extend to two \r\nyears, with or without fine, if the person in confinement, or who ought to have- been \r\napprehended, was charged with, or liable to be apprehended for, an offence \r\npunishable 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 \r\npublic servant, legally bound as such public servant to apprehend or to keep to \r\nconfinement any person under sentence of a Court of Justice for any offence or \r\nlawfully committed to custody, intentionally, omits, to apprehend such person, or \r\nintentionally suffers such person to escape or intentionally aids such person in \r\nescaping or attempting to escape from such confinement, shall be punished as \r\nfollows that is to say; \r\nwith imprisonment for life or with imprisonment of eit her description for a term \r\nwhich may extend to fourteen years, with or without fine, if the person in \r\nconfinement, or who ought to have been apprehended, is under sentence of death; \r\nor \r\nwith imprisonment of either description for a term which may extend to seven \r\nyears, with or without fine, if the person in confinement, or who ought to have been \r\napprehended is subject by a sentence, of a Court of Justice, or by virtue of a \r\ncommutation of such sentence, to imprisonment for life or imprisonment for a term of \r\nten years or upwards; or \r\nwith imprisonment of either description for a term which may extend to three \r\nyears, or with fine, or with both, if the person in confinement, or who ought to have \r\nbeen apprehended is subject, by a sentence of a Court of Justice, to imprisonment \r\nfor a term not extending to ten years or if the person was lawfully committed to \r\ncustody. \r\n223. Escape from confinement or custody negligently suffered by public \r\nservant.– Whoever, being a public servant legally bound as such public servant to \r\nkeep in confinement any person charged with or convicted of any offence or lawfully \r\ncommitted to custody, negligently suffers such persons to escape from confinement, \r\nshall be punished with simple imprisonment for a term which may extend to two \r\nyears, or with fine, or with both. \r\n224. Resistance or obstruction by a person to his lawful apprehension.– \r\nWhoever, intentionally offers any resistance or illegal obstruction to the lawful \r\napprehension of himself for any offence with which he is charged or of which he has \r\nbeen convicted; or escapes or attempts to escape from any custody in which he is \r\nlawfully detained for any such offence, 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\nExplanation.– The punishment in this section is in addition to the punishment for \r\nwhich the person to be apprehended or detained in custody was liable for the \r\noffence with which he was charged, or of which he was convicted. \r\n225. Resistance or obstruction to lawful apprehension of another person.– \r\nWhoever, intentionally offers any resistance or illegal obstruction to the lawful \r\napprehension of any other person for an offence, or rescue or attempts to rescue \r\nany other person from any custody in which that person is lawfully detained for an \r\noffence, shall be punished with imprisonment of either description for a term which \r\nmay 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 \r\nrescued, is charged with or liable to be apprehended for an offence punishable with \r\nimprisonment for life, or imprisonment for a term which may extend to ten years, \r\nshall 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\nor, if the person to be apprehended or, rescued, or attempted to be rescued, \r\nis charged with or liable to be apprehended for an offence punishable with death, \r\nshall 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\nor, if the person to be apprehended or rescued or attempted to be rescued, is \r\nliable under the sentence of a Court of Justice, or by virtue of a commutation of such \r\na sentence, to imprisonment for life or imprisonment, for a term of ten years or \r\nupwards, 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\nor, if the person to be apprehended or rescued, or attempted to be rescued, is \r\nunder sentence of death, shall be punished with imprisonment for life or \r\nimprisonment of either description for a term not exceeding ten years, and shall also \r\nbe liable to fine. \r\n225-A. Omission to apprehend, or sufferance of escape, on part of public \r\nservant, in cases not otherwise provided for.– Whoever, being a public servant \r\nlegally bound as such public servant to apprehend, or to keep in confinement, any \r\nperson In any case not provided for in Section 221, Section 222 or Section 223, or in \r\nany other law for the time being in force, omits to apprehend that person or suffers \r\nhim to escape from confinement, shall be punished.– \r\n(a) if he does so intentionally, with imprisonment of either description for a \r\nterm which may extend to three years, or with fine or with both; and \r\n(b) if he does so negligently, with simple imprisonment for a term which \r\nmay extend to two years, or with fine, or with both. \r\nSection 225-A ins. by the Criminal Law (Amendment) Act, X of 1886. \r\n225-B. Resistance or obstruction to lawful apprehension, or escape or rescue \r\nin cases not otherwise provided for.– Whoever, in any case not provided for in \r\nSection 224 or Section 225 or in any other law for the time being in force, \r\nintentionally offers any resistance or illegal obstruction to the lawful apprehension of \r\nhimself or of any other person, or escapes or attempts to escape from any custody in \r\nwhich he is lawfully detained, or rescues or attempts to rescue any other person from \r\nany custody in which that person is lawfully detained, shall be punished with \r\nimprisonment of either description for a term which may extend to six months, or with \r\nfine, or with both. \r\nSec.225-B ins. by the Criminal Law (Amendment) Act, X of 1886. \r\n226. Unlawful return from transportation.– [Omitted by the Law Reforms \r\nOrdinance, XII of 1972, Section 2 and Sched.] \r\n227. Violation of condition of remission of punishment.– Whoever, having \r\naccepted any conditional remission of punishment, knowingly violates any condition \r\non which such remission was granted/shall be punished with the punishment to \r\nwhich he was originally sentenced, if he has already suffered no part of that \r\npunishment, and if he has suffered any part of that punishment, then with so much of \r\nthat punishment as he has not already suffered. \r\n228. Intentional insult or interruption to public servant sitting in judicial \r\nproceeding.– Whoever, intentionally offers any insult or causes any interruption to \r\nany public servant, while such public servant is sitting in any stage of a judicial \r\nproceeding, shall be punished with simple imprisonment for a term which may \r\nextend to six months, or with fine which may extend to one thousand rupees, or with \r\nboth. \r\n229. Personation of a Juror or assessor.– Whoever, by personation or \r\notherwise, shall intentionally cause, or knowingly suffer himself to be returned, \r\nempanelled or sworn as a juryman or assessor in any case in which he knows that \r\nhe is not entitled by law to be so returned, empanelled or sworn or knowing himself \r\nto have been so returned, empanelled or sworn contrary to law, shall voluntarily \r\nserve on such jury or as such assessor, 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\nCHAPTER XII \r\nOF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS \r\n230. \"Coin\" defined.– Coin is metal used for the time being as money, and \r\nstamped and issued by the authority of some State or Sovereign Power in order to \r\nbe so used. \r\n“Pakistan coin”.– Pakistan coin is metal stamped and issued by the authority \r\nof the Government of Pakistan in order to be used as money; and metal which has \r\nbeen so stamped and issued shall continue to be Pakistan coin for the purposes of \r\nthis Chapter, notwithstanding that it may have 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 \r\nmoney. \r\n(d) & (e) [Omitted by the federal Laws (Revision and Declaration) \r\n  Ordinance, XXV// of 1981.] \r\n231. Counterfeiting coin.– Whoever, counterfeits or knowingly performs any part \r\nof the process of counterfeiting coin, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\nExplanation.– A person commits this offence who intending to practise deception, or \r\nknowing it to be likely that deception will thereby be practised, causes a genuine coin \r\nto appear like a different coin. \r\n232. Counterfeiting Pakistan coin.–Whoever, counterfeits, or knowingly performs \r\nany part of the process of counterfeiting Pakistan coin, shall be punished with \r\nimprisonment for life, or with imprisonment of either description for a term which may \r\nextend to ten years, and shall also be liable to fine. \r\n233. Making or selling instrument for counterfeiting coin.– Whoever, makes or \r\nmends, or performs any part of the process of making or mending, or buys, sells or \r\ndisposes of, any die or instrument, for the purpose of being used, or knowing or \r\nhaving reason to believe that it is intended to be used, for the purpose of \r\ncounterfeiting coin, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years, and shall also be liable to fine. \r\n234. Making or selling Instrument for counterfeiting Pakistan coin.– Whoever, \r\nmakes or mends, or performs any part of the process of making or mending or buys, \r\nsells or disposes of, any die or instrument, for the purpose of being used, or knowing \r\nor having reason to believe that it is intended to be used, for the purpose of \r\ncounterfeiting Pakistan coin, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\n235. Possession of instrument or material for the purpose of using the same \r\nfor counterfeiting coin.– Whoever, is in possession of any instrument or material, \r\nfor the purpose of using the same for counterfeiting coin, or knowing or having \r\nreason to believe that the same is intended to be used for that purpose, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nthree years, and shall also be liable to fine; if Pakistan coin.– and if the coin to be \r\ncounterfeited is Pakistan coin, shall be punished with imprisonment of either \r\ndescription 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.– \r\nWhoever, being within Pakistan, abets the counterfeiting of coin out of Pakistan shall \r\nbe punished in the same manner as if he abetted the counterfeiting of such coin \r\nwithin Pakistan. \r\n237. Import or export of counterfeit coin.– Whoever, imports into Pakistan, or \r\nexports there from, any counterfeit coin, knowingly or having reason to believe that \r\nthe same is counterfeit, shall be punished with imprisonment of either description for \r\na term which may extend to three years, and shall also be liable to fine. \r\n238. Import or export of counterfeits of Pakistan coin.– Whoever, imports into \r\nPakistan, or exports there from, any counterfeit coin which he knows or has reason \r\nto believe to be a counterfeit of Pakistan coin, shall be punished with imprisonment \r\nfor life, or with imprisonment of either description for a term which may extend to ten \r\nyears, and shall also be liable to fine. \r\n239. Delivery of coin, possessed with knowledge that it is counterfeit.– \r\nWhoever, having any counterfeit coin, which at the time when he became possessed \r\nof it he knew to be counterfeit, fraudulently or with intent that fraud may be \r\ncommitted, delivers the same to any person, or attempts to induce any.person to \r\nreceive it, 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\n240. Delivery of Pakistan coin possessed with knowledge that it is \r\ncounterfeit.– Whoever, having any counterfeit coin, which is a counterfeit of \r\nPakistan coin, and which, at the time when he became possessed of it, he knew to \r\nbe a counterfeit of Pakistan coin, fraudulently or with intent that fraud may be \r\ncommitted, delivers the same to any person, or attempts to induce any person to \r\nreceive it, shall be punished with imprisonment of either description for a term which \r\nmay extend to ten years, and shall also be liable to fine. \r\n241. Delivery of coin as genuine, which, when first possessed, the deliverer \r\ndid not know to be counterfeit.– Whoever, delivers to any other person as \r\ngenuine, or attempts to induce any other person to receive as genuine, any \r\ncounterfeit coin which he knows to be counterfeit, but which he did not know to be \r\ncounterfeit, as 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 \r\nfine to an amount which may extend to ten times the value of the coin counterfeited, \r\nor with both. \r\nIllustrations \r\nA, a coiner, delivers counterfeit rupees to his accomplice 8, for the purpose of \r\nuttering them. B sells the rupees to C, another utterer, who buys them knowing them \r\nto be counterfeit, C pays away the rupees for goods to D. who receives them, not \r\nknowing them to be counterfeit. D after receiving the rupees, discovers that they are \r\ncounterfeit and pays them away as if they were good.  Here D is punishable only \r\nunder 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 \r\nwhen he became possessed thereof.– Whoever, fraudulently, or with intent that \r\nfraud may be committed, is in possession of counterfeit coin, having known at the \r\ntime when he became possessed thereof that such coin was counterfeit, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nthree years, and shall also be liable to fine. \r\n243. Possession of Pakistan coin by person who knew It to be counterfeit \r\nwhen he became possessed thereof.– Whoever, fraudulently or with intent that \r\nfraud may be committed, as in possession of counterfeit coin, which is a counterfeit \r\nof Pakistan coin, having known at the time when he became possessed of it that it \r\nwas counterfeit, 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\n244. Person employed in mint causing coin to be of different weight or \r\ncomposition from that fixed by law.– Whoever, being employed in any mint \r\nlawfully established in Pakistan, does any act, or omits what he is legally bound to \r\ndo, with the intention of causing any coin issued from that mint to be of a different \r\nweight or composition from the weight or composition fixed by law, shall be punished \r\nwith imprisonment of either description for a term which may extend to seven years, \r\nand shall also be liable to fine. \r\n245. Unlawfully taking coining instrument from mint.– Whoever, without lawful \r\nauthority, takes out of any mint, lawfully established in Pakistan, any coining tool or \r\ninstrument, 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\n246. Fraudulently or dishonestly diminishing weight or altering composition \r\nof coin.– Whoever, fraudulently or dishonestly performs on any coin any operation, \r\nwhich diminishes the weight or alters the composition of that coin, shall be punished \r\nwith imprisonment of either description for a term, which may extend to three years, \r\nand shall also be liable to fine. \r\nExplanation.– A person who scoops out part of the coin and puts anything else into \r\nthe cavity alters the composition of that coin. \r\n247. Fraudulently or dishonestly diminishing weight or altering composition \r\nof Pakistan coin.– Whoever, fraudulently or dishonestly performs on any Pakistan \r\ncoin, any operation which diminishes the weight or alters the composition of that \r\ncoin, shall be punished with imprisonment of either description for a term which may \r\nextend to seven years,shall also be liable to fine. \r\n248. Altering appearance of coin with intent that it shall pass as coin of \r\ndifferent description.– Whoever, performs on any coin any operation which alters \r\nthe appearance of that coin, with the intention that the said coin shall pass as a \r\ndifferent description, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years, and shall also be liable to fine. \r\n249. Altering appearance of Pakistan coin with intent that it shall pass as \r\ncoin of different description.– Whoever, performs on any Pakistan coin any \r\noperation which alters the appearance of that coin, with the intention that the said \r\ncoin shall pass as a coin of a different description, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine. \r\n250. Delivery of coin, possessed with knowledge that it is altered.– Whoever, \r\nhaving coin in his possession with respect to which the offence defined in Section \r\n246 or 248 has been committed, and having known at the time when he became \r\npossessed of such coin that such offence had been committed with respect to it, \r\nfraudulently or with intent that fraud may be committed, delivers such coin to any \r\nother 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 five \r\nyears, and shall also be liable to fine. \r\n251. Delivery of Pakistan coin possessed with knowledge that It is altered.– \r\nWhoever, having coin in his possession with respect to .which the offence defined in \r\nSection 247 or 249 has been committed, and having known at the time when he \r\nbecame possessed of such coin that such offence had been committed with respect \r\nto it, fraudulently or with intent that fraud may be committed, delivers such coin to \r\nany other person, or attempts to induce any other person to receive the same, shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\nten years, and shall also be liable to fine. \r\n252. Possession of coin by person who knew it to be altered when he \r\nbecame possessed thereof.– Whoever, fraudulently or with intent that fraud may \r\nbe committed, is in possession of coin with respect to which the offence defined in \r\neither of the Section 246or 248 has been committed, having known at the time of \r\nbecoming possessed thereof that such offence had been committed with respect to \r\nsuch coin, shall be punished with imprisonment of either description for a term which \r\nmay extend to three years, and shall also be liable to fine. \r\n253. Possession of Pakistan coin by person who knew it to by altered when \r\nhe became possessed thereof.– Whoever, fraudulently or with intent that fraud \r\nmay be committed, is in possession of coin with respect of which the offence, \r\ndefined in either of Section 247 or 249 has been committed having known at the time \r\nof becoming possessed thereof that such offence had been committed with respect \r\nto such coin, 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\n254. Delivery of coin as genuine which, when first possessed, the deliverer \r\ndid not know to be altered.– Whoever, delivers to any other person as genuine or \r\nas a coin of a different description from what it is, or attempts to induce any person \r\nto receive as genuine, or as a different coin from what it is, any coin in respect of \r\nwhich' he knows that any such operation as that mentioned in Sections 246, 247, \r\n248 or 249 has been performed, but in respect of which he did not, at the time when \r\nhe took it into his possession, know that such operation had been performed, shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\ntwo years, or with fine to an amount which may extend to ten times the value of the \r\ncoin for which the altered coin is passed, or attempted to be passed. \r\n255. Counterfeiting Government stamp.– Whoever, counterfeits, or knowingly \r\nperforms any part of the process of counterfeiting, any stamp issued by Government \r\nfor the purpose of revenue, shall be punished with imprisonment for life or with \r\nimprisonment of either description for a term which may extend to ten years, and \r\nshall also be liable to fine. \r\nExplanation.– A person commits this offence who counterfeits by causing a genuine \r\nstamp of one denomination to appear like a genuine stamp of a different \r\ndenomination. \r\n256. Having possession of instrument or material for counterfeiting \r\nGovernment stamp.– Whoever, has in his possession any instrument or material for \r\nthe purpose of being used, or knowing or having reason to believe that it is intended \r\nto be used, for the purpose of counterfeiting any stamp issued by Government for \r\nthe purpose of revenue, shall be punished with imprisonment of either description for \r\na term which may extend to seven years, and shall also be liable to fine. \r\n257. Making or selling instrument for counterfeiting Government stamp.– \r\nWhoever, makes or performs any part of the process of making, or buys, or sells, or \r\ndisposes of, any instrument for the purpose of being used, or knowing or having \r\nreason to believe that it is intended to be used, for the purpose of counterfeiting any \r\nstamp issued by Government for the purpose of revenue, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years and \r\nshall also be liable to fine. \r\n258. Sale of counterfeit Government stamp.– Whoever, sells, or offers for sale, \r\nany stamp which he knows or has reason to believe to be a counterfeit of any stamp \r\nissued by Government for the purpose of revenue shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine. \r\n259. Having possession of counterfeit Government stamp.– Whoever, has in \r\nhis possession any stamp which he knows to be a counterfeit of any stamp issued by \r\nGovernment for the purpose of revenue, intending to use, or dispose of the same as \r\na genuine stamp, or in order that it may be used as a genuine stamp, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine. \r\n260. Using as genuine a Government stamp known to be counterfeit.– \r\nWhoever, uses as genuine any stamp knowing it to be a counterfeit of any stamp \r\nissued by Government for purpose of revenue, shall be punished with imprisonment \r\nof either description for a term which may extend to seven years, or with fine, or with \r\nboth. \r\n261. Effacing writing from substance, Government stamp, or removing from \r\ndocument a stamp used for it, within ten to cause loss to Government.– \r\nWhoever, fraudulently or with intent to cause loss to the Government, removes or \r\neffaces from any substance bearing any stamp issued by Government for the \r\npurpose of revenue, any writing or document for which such stamp has been used, \r\nor removes from any writing or document a stamp which has been used for such \r\nwriting or document, in order that such stamp may be used for a different writing or \r\ndocument, shall be punished with imprisonment of either description for a term which \r\nmay extend to there years, or with fine, or with both. \r\n262. Using Government stamp known to have been before used.– Whoever, \r\nfraudulently or with intent to cause loss to the Government, uses for any purpose a \r\nstamp issued by Government for the purpose of revenue, which he knows to have \r\nbeen before used, 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\n263. Erasure of mark denoting that has been used.– Whoever, fraudulently or \r\nwith intent to cause loss to Government, erases or removes from a stamp issued by \r\nGovernment for the purpose of revenue, any mark, put or impressed upon such \r\nstamp for the purpose of denoting that the same has been used, or knowingly has in \r\nhis possession or sells or disposes of any such stamp from which such mark has \r\nbeen erased or removed, or sells or disposes of any such stamp which he knows to \r\nhave been used, shall be punished with imprisonment of either description for a term \r\nwhich may extend to three years or with fine, or with both. \r\n263-A. Prohibition of fictitious stamp.– (l) Whoever,- \r\n(a) makes, knowingly alters, deals in or sells any fictitious stamp, or \r\nknowingly uses 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, \r\ninstrument or materials for making any.fictitious stamp, shall be \r\npunished with fine which may extend to two hundred rupees. \r\n(2) An such stamp, die, plate, instrument or materials in the possession of \r\nany person for making any fictitious stamp may be seized and shall be forfeited. \r\n(3) In this section \"fictitious stamp\" means any stamp falsely purporting to \r\nbe issued by Government for the purpose of denoting a rate of postage or any \r\nfacsimile or imitation or representation, whether on paper or otherwise, of any stamp \r\nissued by Government for that purpose. \r\n(4)  In this section and also in Sections 255 to 263, both inclusive, the \r\nword \"Government\" when used in connection with, or in reference to, any stamp \r\nissued, for the purpose of denoting a rate of postage, shall, notwithstanding anything \r\nin Section 17, be deemed to include the person or persons authorised by law to \r\nadminister executive Government in any part of Pakistan, and also in any foreign \r\ncountry. \r\nSec.263-A ins. by the Criminal Law (Amendment) Act, Ill of 1895. \r\nCHAPTER XIII \r\nOF OFFENCES RELATING TO WEIGHTS AND MEASURES \r\n264. Fraudulent use of false instrument for weighing.– Whoever, fraudulently \r\nuses any instrument for weighing which he knows to be false, shall be punished with \r\nimprisonment of either description for a term, which may extend to one year, or with \r\nfine, or with both. \r\n265. Fraudulent use of false weight or measure.– Whoever, fraudulently uses \r\nany false weight or false measure of length or Capacity, or fraudulently uses any \r\nweight or any measure of length or capacity as a different weight or measure from \r\nwhat it is, 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\n266. Being in possession of false weight or measure.– Whoever, is in \r\npossession of any instrument for weighing, or of any weight, or of any measure of \r\nlength or capacity, which he knows to be false and intending that the same may be \r\nfraudulently used, shall be punished with imprisonment of either description for a \r\nterm 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 \r\ndisposes of any instrument for weighing, or any weight, or any measure of length or \r\ncapacity which he knows to be false, in order that the same may be used as true, or \r\nknowing that the same is likely to be used as true shall be punished with \r\nimprisonment of either description for a term which may extend to one year, or with \r\nfine, 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 \r\nor is guilty of an illegal omission which causes any common injury, danger or \r\nannoyance to the public or to the people in general who dwell or occupy property in \r\nthe vicinity, or which must necessarily cause injury, obstruction, danger or \r\nannoyance to persons who may have occasion to use any public right. A common \r\nnuisance 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.– \r\nWhoever, unlawfully or negligently does any act which is, and which he knows or has \r\nreason to believe to be, likely to spread the infection of any disease dangerous to \r\nlife, shall be punished with imprisonment of either description for a term which may \r\nextend to six months, or with fine, or with both. \r\n270. Malignant act likely to spread infection of disease dangerous to life.– \r\nWhoever, malignantly does any act which is, and which he knows or has reason to \r\nbelieve to be, likely to spread the infection of any disease dangerous to life, shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\n271. Disobedience to quarantine rule.– Whoever, knowingly disobeys any rule \r\nmade and promulgated by the Federal or any Provincial Government for putting any \r\nvessel into a state of quarantine, or for regulating the intercourse of vessels in a \r\nstate of quarantine with the shore or with other vessels, or for regulating the \r\nintercourse between places where an infectious disease prevails and other places, \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to six months, or with fine, or with both. \r\n272. Adulteration of food or drink intended for sale.– Whoever, adulterates any \r\narticle of food or drink, so as to make such article noxious as food or drink, intending \r\nto sell such article as food or drink, or knowing it to be likely that the same will be \r\nsold as food or drink, snail be punished with imprisonment of either description for a \r\nterm which may extend to six months, or with fine which may extend to one thousand \r\nrupees, or with both. \r\n273. Sale of noxious food or drink.– Whoever, sells, or offers or exposes for \r\nsale, as food or drink, any article which has been rendered or has become noxious, \r\nor is in a state unfit for food or drink, knowing or haying reason to believe that the \r\nsame is noxious as food or drink, shall be punished with imprisonment of either \r\ndescription for a term which may extend to six months, of with fine which may extend \r\nto one thousand rupees, or with both. \r\n274. Adulteration of drugs.– Whoever, adulterates any drug or medical \r\npreparation-in such a manner as to lessen the efficacy or change the operation of \r\nsuch drug) or medical preparation, or to make it noxious intending that it shall be \r\nsold or used for, or knowing it to be likely that it will be sold or used for, any \r\nmedicinal purposes, as if it had not undergone such adulteration, shall be punished \r\nwith imprisonment of either description for a term which may extend to six months or \r\nwith fine which may extend to one thousand rupees, or with both. \r\n275. Sale of adulterated drugs.– Whoever, knowing any drug or medical \r\npreparation to have been adulterated in such a manner as to lessen its efficacy, to \r\nchange its operation, or to render it noxious, sells the same, or offers or exposes it \r\nfor sale, or issues it from any dispensary for medicinal purposes as unadulterated, or \r\ncauses it to be used for medicinal purposes by any person not knowing of the \r\nadulteration, shall be punished with imprisonment of either description for a term \r\nwhich may extend to six months, or with fine which may extend to one thousand \r\nrupees, or with both. \r\n276. Sale of drug as a different drug or preparation.– Whoever, knowingly sells, \r\nor offers or exposes for sale, or issues from a dispensary for medicinal purposes, \r\nany drug or medical preparation, as a different drug or medical preparation, shall be \r\npunished with imprisonment of either description for a term which may extend to six \r\nmonths, or with fine which may extend to one thousand rupees, or with both, \r\n277. Fouling water of public spring or reservoir.– Whoever, voluntarily corrupts \r\nor fouls the water of any public spring or reservoir, so as to render it less fit for the \r\npurpose for which it is ordinarily used, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three months, or with fine which may \r\nextend to five hundred rupees, or with both. \r\n278. Making atmosphere noxious to health.– Whoever, voluntarily vitiates the \r\natmosphere in any place so as to make it noxious to the health of persons in general \r\ndwelling or carrying on business in the neighbourhood or passing along a public way, \r\nshall be punished with fine, which may extend to five hundred rupees. \r\n279. Rash driving or riding on a public way.– Whoever, drives any vehicle, or \r\nrides, on any public way in a manner so rash or negligent as .to endanger human \r\nlife, or to be likely to cause hurt or injury to any other person, shall be punished with \r\nimprisonment of either description for a term which may extend to two years or with \r\nfine which may extend to one thousand rupees, or with both. \r\n280. Rash navigation of vessel.– Whoever, navigates any vessel in a manner so \r\nrash or negligent as to endanger human life, or to be likely to cause hurt or injury to \r\nany other person, shall be punished with imprisonment of either description for a \r\nterm which may extend to six months, or with fine which may extend to one thousand \r\nrupees or with both. \r\n281. Exhibition of false light, mark or buoy.– Whoever, exhibits any false light, \r\nmark or buoy intending or knowing it to be likely that such exhibition will mislead any \r\nnavigator, shall be punished with imprisonment of either description for a term which \r\nmay extend to seven years, or with fine, or with both. \r\n282. Conveying person by water for hire in unsafe or overloaded vessel.– \r\nWhoever, knowingly or negligently conveys; or causes to be conveyed for hire, any \r\nperson by water in any vessel, when that vessel is in such a state or so loaded as to \r\nendanger the fife 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 \r\nto one thousand rupees, or with both. \r\n283. Danger or obstruction in public way or line of navigation.– Whoever, by \r\ndoing any act, or by omitting to take order with any property in his possession or \r\nunder his charge, causes danger, obstruction or injury to any person in any public \r\nway or public line of navigation, shall be punished with fine which may extend to two \r\nhundred rupees. \r\n284. Negligent conduct with respect to poisonous substance.– Whoever, \r\ndoes, with any poisonous substance, any act in a manner so rash or negligent as to \r\nendanger human life, or to be likely to cause hurt or injury to any person, or \r\nknowingly or negligently omits to take such order with any poisonous substance in \r\nhis possession as is sufficient to guard against any probable danger to human life \r\nfrom such poisonous substance, shall be punished with imprisonment of either \r\ndescription for a term which may extend to six months, or with fine, which may \r\nextend to one thousand rupees, or with both. \r\n285. Negligent conduct with respect to fire or combustible matter.– Whoever, \r\ndoes, with tire or any combustible matter, any act so rashly or negligently as to \r\nendanger human life, or to be likely to cause hurt or injury to any other person, or \r\nknowingly or negligently omits to take such order with any fire or any combustible \r\nmatter in his possession as is sufficient to guard against any probable danger to \r\nhuman life from such fire or combustible matter shall be punished with imprisonment \r\nof either description for a term which may extend to six months, or with fine which \r\nmay extend to one thousand rupees, or with both. \r\n286. Negligent conduct with respect to explosive substance.– Whoever, does, \r\nwith any explosive substance any act so rashly or negligently as to endanger human \r\nlife, or to be likely to cause hurt or injury to any other person, or knowingly or \r\nnegligently omits to take such order with any explosive substance in his possession \r\nas is sufficient to guard against any probable danger to human life from that \r\nsubstance, shall be punished with imprisonment of either description for a term \r\nwhich may extend to six months, or with fine which may extend to one thousand \r\nrupees, or with both. \r\n287. Negligent conduct with respect to machinery.– Whoever, does, with any \r\nmachinery, any act so rashly or negligently as to endanger human life or to be likely \r\nto cause hurt or injury to any other person, or knowingly or negligently omits to take \r\nsuch order with any machinery in his possession or under his care as is sufficient to \r\nguard against any probable danger to human life from such machinery, shall be \r\npunished with imprisonment of either description for a term which may extend to Six \r\nmonths, or with fine which may extend to one thousand rupees, or with both. \r\n288. Negligent conduct with respect to pulling down or repairing buildings.– \r\nWhoever, in pulling down or repairing any building, knowingly or negligently omits to \r\ntake such order with that building as is sufficient to guard against any probable \r\ndanger to human life from the fall of that building, or of any part thereof, shall be \r\npunished with imprisonment of either description for a term which may extend to six \r\nmonths, or with fine which may extend to one thousand rupees, or with both. \r\n289. Negligent conduct with respect to animal.– Whoever, knowingly or \r\nnegligently omits to take such order with any animal in his possession as is sufficient \r\nto guard against any probable danger to human life, or any probable danger of \r\ngrievous hurt from such animal, shall be punished with imprisonment of either \r\ndescription for a term which may extend to six months, or with fine which may extend \r\nto one thousand Rupees, or with both. \r\n290. Punishment for public nuisance in cases not otherwise provided for.– \r\nWhoever, commits a public nuisance in any case not otherwise punishable by this \r\nCode, shall be punished with fine which may extend to two hundred rupees. \r\n291. Continuance of nuisance after injunction to discontinue.– Whoever, \r\nrepeats or continues a public nuisance having been enjoined by any public servant \r\nwho has lawful authority to issue such injunction not to repeat or continue such \r\nnuisance, shall be punished with simple imprisonment for a term which may extend \r\nto six months, or with fine, or with both. \r\n292. Sale, etc., of obscene books, etc.– Whoever,.– \r\n(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts \r\ninto circulation, or for purposes of sale hire, distribution, public \r\nexhibition or circulation, makes, produces or has in his possession any \r\nobscene book, pamphlet, paper, drawing, painting, representation or \r\nfigure or any other obscene object whatsoever, or \r\n(b)  imports, exports or conveys any obscene object for any of the \r\npurposes aforesaid, or knowing or having reason to believe that such \r\nobject will be sold, let to hire, distributed or publicly exhibited or in any \r\nmanner put into circulation, or shall be punished with imprisonment of \r\neither description for a term which may extend to Six months, or with \r\nfine which may extend to one thousand rupees, or with both. \r\n(c) takes part in or receives profits from, any business in the course of \r\nwhich he knows or has reason to believe that any such obscene \r\nobjects are, for any of the purposes aforesaid, made, produced, \r\npurchased, kept, imported, exported, conveyed, publicly exhibited or in \r\nany manner put into circulation, or. \r\n(d) advertises or makes known by any means whatsoever that any person \r\nhe engaged or is ready to engage in any act which is an offence under \r\nthis section, or that any such obscene object can be procured from or \r\nthrough 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 \r\nwhich may extend to three months, or which tine or with both. \r\nException.– This section does not extend to any book, pamphlet, writing, \r\ndrawing or painting kept or used bona fide for religious purposes or any \r\nrepresentation sculptured, engraved, painted or otherwise represented on or in any \r\ntemple, or on any car used for the conveyance of idols, or kept or used for any \r\nreligious purpose. \r\n293. Sale, etc., of obscene objects to young person.– Whoever, sells, .lets to \r\nhire, distributes, exhibits or circulates to any person under the age of twenty years \r\nany such obscene object as is referred to in the last preceding section, or offers or \r\nattempts so to do, shall be punished with imprisonment of either description for a \r\nterm which may extend to six months, or with fine, or with both. \r\n294. 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 \r\nany public place, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three months, or with fine, \r\nor with both. \r\n294-A. Keeping lottery office.– Whoever, keeps any office or place for the purpose \r\nof drawing any lottery not being a State lottery or a lottery authorized by the \r\nProvincial Government shall be punished with imprisonment of either description for \r\na term which may extend to six months, or with fine, or with both. And Whoever, \r\npublishes 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 \r\napplicable to the drawing of any ticket, lot, number or figure in any such lottery shall \r\nbe punished with fine which may extend to one thousand rupees. \r\nSec.294-A ins- by the Pakistan Penal Code (Amendment) Act, XXVII of 1970 \r\n294-B. Offering of prize in connection with trade, etc.– Whoever, offers, or \r\nundertakes to offer, in connection with any trade or business or sale of any \r\ncommodity, any prize, reward or other similar consideration, by whatever name \r\ncalled, whether in money or kind, against any coupon, ticket, number or figure, or by \r\nany other device, as an inducement or encouragement to trade or business or to the \r\nbuying of any commodity, or for the purpose of advertisement or popularising any \r\ncommodity, and Whoever, publishes any such offer, shall be punishable, with \r\nimprisonment of either description for a term which may extend to six months, or with \r\nfine, or with both. \r\nSec.294-B ins. by Pakistan Penal Code (Amendment) Act, XX of 1965. \r\nCHAPTER XV \r\nOF OFFENCES RELATING TO RELIGION \r\n295. Injuring or defiling place of worship, with Intent to insult the religion of \r\nany class.– Whoever, destroys, damages or defiles any place of worship, or any \r\nobject held sacred by any class of persons with the intention of thereby insulting the \r\nreligion of any class of persons or with the knowledge that any class of persons is \r\nlikely to consider such destruction damage or defilement as an insult to their religion \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to two years, or with fine, or with both. \r\n295-A. Deliberate and malicious acts Intended to outrage religious feelings of \r\nany class by insulting Its religion or religious beliefs.– Whoever, with deliberate \r\nand malicious intention of outraging the 'religious feelings of any class of the citizens \r\nof Pakistan, by words, either spoken or written, or by visible representations insults \r\nthe religion or the religious beliefs of that class, shall be punished with imprisonment \r\nof either description for a term which may extend to ten years, or with fine, or with \r\nboth. \r\nSec.295-A ins. by the Criminal Law (Amendment) Act, XXV of 1927. \r\n295-B. Defiling, etc., of Holy Qur'an.– Whoever, wilfully defiles, damages or \r\ndesecrates a copy of the Holy Qur'an or of an extract there from or uses it in any \r\nderogatory manner or for any unlawful purpose shall be punishable with \r\nimprisonment for life. \r\nSec.295-B added by P.P.C.(Amendment) Ordinance, I of 1982. \r\n295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet.– \r\nWhoever, by words, either spoken or written, or by visible representation or by any \r\nimputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of \r\nthe Holy Prophet Muhammad (peace be upon him) shall be punished with death, or \r\nimprisonment for life, and shall also be liable to fine. \r\nSec.295-C ins by the Criminal Law (amendment) Act, 111 of 1986, S.2 \r\n296. Disturbing religious assembly.– Whoever, voluntarily causes disturbance to \r\nany assembly lawfully engaged in the performance of religious worship, or religious \r\nceremonies, 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\n297. Trespassing on burial places, etc.– Whoever, with the intention of \r\nwounding the feelings of any person, or of insulting the religion of any person, or with \r\nthe knowledge that the feelings of any person are likely to be wounded, or that the \r\nreligion of any person is likely to be insulted thereby, commits any trespass in any \r\nplace of worship or on any place of sculpture, or any place set apart for the \r\nperformance of funeral rites or as a, depository for the remains of the dead, or offers \r\nany indignity to any human corpse or causes disturbance to any persons assembled \r\nfor the performance of funeral ceremonies, 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\n298.  Uttering words, etc., with deliberate intent to wound religious feelings.– \r\nWhoever, with the deliberate intention of wounding the religious feelings of any \r\nperson, utters any word or makes any sound in the hearing of that person or makes \r\nany gesture in the sight of that person or places any object in the sight of that \r\nperson, 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\n298-A. Use of derogatory remarks, etc., in respect of holy personages.– \r\nWhoever, by words, either spoken or written, or by visible representation, or by any \r\nimputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of \r\nany wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy \r\nProphet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) \r\nor 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 \r\nthree years, or with fine, or with both. \r\nSec.298-A added by the Pakistan Penal Code (Second Amendment) \r\nOrdinance, XLIV of 1980. \r\n298-B. Misuse of epithets, descriptions and titles, etc, reserved for certain holy \r\nperson ages or places.– (1) Any person of the Quadiani group or the Lahori group \r\n(who call themselves 'Ahmadis' or by any other name who by words, either spoken \r\nor written, or by visible representation- \r\n(a) refers to or addresses, any person, other than a Caliph or companion \r\nof the Holy Prophet Muhammad (peace be upon him), as \"Ameer-ul-\r\nMumineen\", \"Khalifatul-Mumineen\",Khalifa-tul-Muslimeen\", \"Sahaabi\" \r\nor \"Razi Allah Anho\"; \r\n(b) refers to, or addresses, any person, other than a wife of the Holy \r\nProphet Muhammad (peace bi upon him), as \"Ummul-Mumineen\"; \r\n(c) refers to, or addresses, any person, other than a member of the family \r\n\"Ahle-bait\" of the Holy Prophet Muhammad (peace be upon him), as \r\n\"Ahle-baft\"; or \r\n(d) refers to, or names, or calls, his place of worship a \"Masjid\";shall be \r\npunished with imprisonment of either description for a term which may \r\nextend to three years, and shall also be liable to fine. \r\n(2) Any person of the Qaudiani group or Lahori group (who call themselves \r\n\"Ahmadis\" or by any other name) who by words, either spoken or written, or by \r\nvisible representation refers to the mode or form of call to prayers followed by his \r\nfaith as \"Azan\", or recites Azan as used by the Muslims, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, and \r\nshall also be liable to fine. \r\nSec.298-B ins.by Anti-lslamic Activities of Quadiani Group, Lahori Group and \r\nAhmadis (Prohibition and Punishment) Ordinance, XX of 1984 \r\n298-C. 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 \r\ncall themselves 'Ahmadis' or by any other name), who directly or indirectly, poses \r\nhimself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or \r\npropagates his faith, or invites others to accept his faith, by words, either spoken or \r\nwritten, or by visible representations, or in any manner whatsoever outrages the \r\nreligious feelings of Muslims shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years and shall also be liable to \r\nfine. \r\nSec.298-C.ins.by the Anti-Islamic Activities of Quadiani Group, Lahori Group \r\nand Ahmadis (Prohibition and Punishment) Ordinance, XX of 1984. \r\nCHAPTER XVI \r\nOF OFFENCES AFFECTING THE HUMAN BODY of offences Affecting Life \r\n299. Definitions.– In this Chapter, unless there is anything repugnant in the \r\nsubject or context.– \r\n(a) \"adult\" means a person who has attained the age of eighteen years ; \r\n(b) \"arsh\" means the compensation specified in this Chapter to be paid to \r\nthe victim or his heirs under this Chapter; \r\n(c) \"authorised medical officer\" means a medical officer or a Medical \r\nboard, howsoever designated, authorised by the Provincial \r\nGovernment; \r\n(d) \"daman\" means the compensation determined by the Court to be paid \r\nby the offender to the victim for causing hurt not liable to arsh; \r\n(e) \"diyat\" means the compensation specified in Section 323 payable to \r\nthe heirs of the victim ; \r\n(f) \"Government\" means the Provincial Government, \r\n(g) \"ikrah-e-tam\" means putting any person, his .spouse or any of his \r\nblood relations within the prohibited degree of marriage in fear of \r\ninstant death or instant, permanent impairing of any organ of the body \r\nor instant fear of being subjected to sodomy or ziha-bil-jabr; \r\n(h) \"ikrah-e-naqis\" means any form of duress which does not amount to \r\nikrah-i-tam; \r\n(i) \"minor\" means a person who is not an adult; \r\n(j) \"qatl\" means causing death of a person ; \r\n(k) \"qisas\" 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 \r\ndeath if he has committed qatl-i-amd in exercise Of the right of the \r\nvictim or a wali', \r\n(l) \"ta'zir\" means purushment other than qisas, diyat, arsh , or daman; and \r\n(m) \"wali\" means a person entitled to claim qisas. \r\n300. Qatl-e-Amd.– Whoever, with the intention of causing death or with the \r\nintention of causing bodily injury to a person, by doing an act which in the ordinary \r\ncourse of nature is likely to cause death, or with-the knowledge that his act is so \r\nimminently dangerous that it must in all probability cause death, causes the death of \r\nsuch person, is said to commit qatl-e-amd. \r\n301. Causing death of person other than the person whose death was \r\nintended.– Where a person, by doing anything which he intends or knows to be \r\nlikely to cause death, causes death of any person whose death he neither intends \r\nnor knows himself to be likely to cause, such an act committed by the offender shall \r\nbe liable for qatl-i-amd. \r\n302. Punishment of qatl-i-amd.– Whoever, commits qatl-e-amd shall, subject to \r\nthe provisions 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 \r\nthe facts and circumstances of the case, if the proof in either of the \r\nforms specified in Section 304 is not available; or \r\n(c) punished with imprisonment of either description for a term which may \r\nextend to twenty-five years, where according to the Injunctions of Islam \r\nthe punishment of qisas is to applicable. \r\n303. Qatl committed under ikrah-i-tam or ikrah-i-naqis.– Whoever, commits \r\nqatl.– \r\n(a) under Ikrah-i-tamshall be punished with imprisonment for a term which \r\nmay extend to twenty-five years but shall not be less than ten years \r\nand the person causing 'ikrah-i-tam' shall be punished for the '.kind of \r\nQatl committed as a consequence of ikrah-i-tam; or \r\n(b) under 'ikrah-i-naqis' shall be punished for the kind of Qatl committed by \r\nhim and the person, causing 'ikrah-i-naqis, shall be punished with \r\nimprisonment for a term which may extend to ten years. \r\n304. Proof of qatl-i-amd liable to qisas, etc.– (1) Proof of qatl-i-amd shall be in \r\nany of the following forms, namely.– \r\n(a)  the accused makes before a Court competent to try the offence a \r\nvoluntary and true confession of the commission of the offence; or \r\n(b) by the evidence as provided in Article 17 of the Qanun-e-Shalladat, \r\n1984 (P.O.No.10 of 1984). \r\n(2) The provisions of sub-section (1) shall, mutatis, mutandis, apply to a \r\nhurt liable to qisas. \r\n305. Wali.– In case of qatl, the wali shall be- \r\n(a)  the heirs of the victim, according to his personal law; and \r\n(b)  the Government, if there is no heir. \r\n306. Qatl-e-amd not liable to qisas.– Oatil-i-Amd shall not be liable to qisas in the \r\nfollowing cases, namely.– \r\n(a) when an offender is a minor or insane.– \r\nProvided that, where a person liable to qisas associates himself in the \r\ncommission of the offence with a person not liable to qisas, with the intention of \r\nsaving himself from qisas, he shall not be exempted from qisas; \r\n(b) when an offender causes death of his child or grand-child, how low so \r\never'; and \r\n(c) when any wali of the victim is a direct descendant, howlowsoever, of \r\nthe offender. \r\n307. Cases in which Qisas for qatl-i-amd shall not be enforced.– (1) Qisas for \r\nqatl-i-amd, shall not be enforced in the following cases, namely.– \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 \r\nCourt, waives the right of qisas under Section 309 or compounds under \r\nSection 310 and \r\n(c) when the right of qisas devolves on the offender as a result of the \r\ndeath of the wali of the victim, or on ,the person who has no right of \r\nqisas against the offender., . \r\n(2) To satisfy itself that the wali has waived the right of qi'sas under \r\nSection 309 or compounded the right of qisas under Section 310 voluntarily and \r\nwithout duress the Court shall take down the statement of the wali and such other \r\npersons as it may deem necessary on oath and .record an opinion that it is satisfied \r\nthat the Waiver or, as the case may be, the composition, was voluntary and not the \r\nresult 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 \r\nthe wife of 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 their husband A.Z has no heir except A. Here A \r\ncan claim qisas from his wife B. But if A dies, the right of qisas shall devolve on his \r\nson D who is also son of B, the qisas cannot be enforced against B. \r\n308. Punishment in qatl-i-amd not liable to qisas, etc.– (1) Where an offender \r\nguilty of qatl-i-amd is not liable to qisas under Section 306 or the gisas is not \r\nenforceable under clause (c) of Section 307, he shall be liable to diyat.– \r\nProvided that, where the offender is minor or insane, diyat shall be payable \r\neither from his property or, by such person as may be determined by the Court.– \r\nProvided further that where at the time of committing qatl-i-amd the offender \r\nbeing a minor, had attained sufficient maturity of being insane, had a lucid interval, \r\nso as to be able to realize the consequences of his act, he may also be punished \r\nwith imprisonment of either description for a term which may extend to fourteen \r\nyears as ta'zir. \r\nProvided further that, where the qisas is not enforceable under clause (c) of \r\nSection 307, the offender shall be liable to diyat only if there is any wali other than \r\noffender and if there is no wali other than the offender, he shall be punished with \r\nimprisonment of either description for a term which may extend to fourteen years as \r\nta'zir. \r\n(2) Notwithstanding anything contained in sub-section (i), the Court, having \r\nregard to the facts and circumstances of the case in addition to the punishment of \r\ndiyat, may punish the offender with imprisonment of either description for a term \r\nwhich may extend to fourteen years, as ta'zir. \r\n309. Waiver (Afw) of qisas in qatl-i-amd.– In the case of qatl-i-amd, an adult \r\nsane wali 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, \r\n(2) Where a victim has more than one Wali any one of them may waive his \r\nright of qisas.– \r\nProvided that the wali who does not waive the right of qisas shall be entitled to \r\nhis share of diyat. \r\n(3) Where there are more than one victim, the waiver of the right of qisas \r\nby the wali of one victim shall not affect the right of qisas of the wali of the other \r\nvictim. \r\n(4) Where there are more than one offenders, the waiver of the right of \r\nqisas against one offender shall not affect the right of qisas against the other \r\noffender. \r\n310. Compounding of qisas (Sulh)in qatl-i-amd.– (1) In the case of qatl-i-amd, \r\nan adult sane wali may, at any time on accepting badl-i-sulh, compound his right of \r\nqisas.– \r\nProvided that giving a female in marriage shall not be a valid badl-i-sulh. \r\n(2) Where a wali is a minor or an insane, the wali of such minor or insane \r\nwali may compound the right of qisas on behalf of such minor or insane wali.– \r\nProvided that the value of badf-i-sufh shall not be less than the value of diyat. \r\n(3) Where the Government is the wali, it may compound the right of \r\nqisas.– \r\nProvided that fee value of badi-i-sulh shall not be less than the value of diyat. \r\n(4) Where the badl-i-sufh is not determined or is a property or a right the \r\nvalue of which cannot be determined in terms of money under Shari'ah, the right of \r\nqisas shall be deemed to have been compounded and the offender shall be liable to \r\ndiyat. \r\n(5) Badl-i-sulh may be paid or given on demand or on a deferred date as \r\nmay be agreed upon between the offender and the wali \r\nExplanation.– In this section, Badl-i-sulh means the mutually agreed compensation \r\naccording to Shari'ah to be paid or given by the offender to a wali in cash or in kind \r\nor in the form of movable or immovable property. \r\n311. Ta'zir after waiver or compounding of right of qisas in qatl-i-amd.– \r\nNotwithstanding anything contained in Section 309 or Section 310, where all the wali \r\ndo not waive or compound the right of qisas, or keeping in view the principle of \r\nfasad-fil-arz the Court may, in its discretion having regard to the facts and \r\ncircumstances of the case, punish an offender against whom the right of qisas has \r\nbeen waived or compounded with imprisonment of either description for a term of \r\nwhich may extend to fourteen years as ta'zir. \r\nExplanation.– For the purpose of this section, the expression fasad-fil-arz shall \r\ninclude the past conduct of the offender, or whether he has any previous convictions, \r\nor the brutal or shocking manner in which the offence has been committed which is \r\noutrageous to the public conscience, or if the offender is considered a potential \r\ndanger to the community. \r\n312. Qatl-i-amd after waiver or compounding of qisas.– Where a wali commits \r\nqatl-i-amd of a convict against whom the right of qisas has been waived under \r\nSection 309 or compounded under Section 310, such wali shall be punished with. \r\n(a) qisas, if he had himself, waived or compounded the right of qisas \r\nagainst the convict or had knowledge of such waiver of-composition by \r\nanother wali, or \r\n(b) diyat, if he had no knowledge of such waiver or composition. \r\n313. Right of qisas in qatl-i-amd.– (1) Where there is only one wali, he alone has \r\nthe right of qisas in qatl-i-amd but, if there are more than one, the right of qisas vests \r\nin 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 \r\ninsane, the father or if he is not alive the paternal grandfather of such \r\nwali shall have the right of qisas on his behalf.– \r\nProvided that, if the minor or insane wali has no father or paternal grandfather, \r\nhowhighsoever, alive and no guardian has been appointed by the Court, the \r\nGovernment shall have the right of qisas on his behalf. \r\n314. Execution of qisas in qatl-i-amd.– (1) Qisas in Qatll-i-amd shall be executed \r\nby a functionary of the Government by causing death of the convict as the Court may \r\ndirect. \r\n(2) Qisas shall not be executed until all the wali are present at the time of \r\nexecution, either personally or through their representatives authorised by them in \r\nwriting in this behalf.– \r\nProvided that where a wali or his representative fails to present himself on the \r\ndate, time and place of execution of qisas after having been informed of the date, \r\ntime and place as certified by the Court, an officer authorised by the Court shall give \r\npermission for the execution of qisas and the Government shall cause execution of \r\nqisas in the absence of such wali. \r\n(3) If the convict is a woman who is pregnant, the Court may, in \r\nconsultation with an authorised medical officer, postpone the execution of qisas up to \r\na period of two years after the birth of the child and during this period she may be \r\nreleased on bail on furnishing of security to the satisfaction of the Court, or, if she is \r\nnot so released she shall, be dealt with as if sentenced to simple imprisonment. \r\n315. Qatl shibh-i-amd.– Whoever, with intent to cause harm to the body or mind \r\nof any person, causes the death of that or of any other person by means of a \r\nweapon or an act which in the ordinary course of nature is not likely to cause death \r\nis said to commit qatl-shibh-i-amd. \r\nIllustrations \r\nA in order to cause hurt strikes Z with a stick or stone which in the ordinary \r\ncourse of nature is not likely to cause death.Z dies as a result of such hurt. A shall be \r\nguilty of Qatl shibh-i-amd. \r\n316. Punishment for Qatl shibh-l-amd.– Whoever, commits qatl shibh-i-amd \r\nshall be liable to diyat and may also be punished with imprisonment of either \r\ndescription for a term which may extend to fourteen years as ta'zir. \r\n317. Personcommittingqatldebarredfrom succession.– Where a person \r\ncommitting qatl-i-amd or Qatl shibh-i-amd is an heir or a beneficiary under a will, he \r\nshall be debarred from succeeding to the estate of the victim as an heir or a \r\nbeneficiary. \r\n318. Qatl-i-khata.– Whoever, without any intention to cause death of, or cause \r\nharm to, a person causes death of such person, either by mistake of act or by \r\nmistake of fact, is said to commit qatl-i-khata. \r\nIllustrations \r\n(a) A aims at a deer but misses the target and kills Z who is standing by, A \r\nis guilty of qatl-i-khata. \r\n(b)  A shoots at an object to be a boar but it turns out to be a human being.\r\n A is guilty of qatl-i-khata. \r\n319. Punishment for qatl-i-khata.– Whoever, commits qatl-i-khata shall be liable \r\nto diyat.– \r\nProvided that, where qatl-i-khata is committed by a rash or negligent act, other \r\nthan rash or negligent driving, the offender may, in addition to diyat, also be \r\npunished with imprisonment of either description for a term which may extend to five \r\nyears as ta'zir. \r\n320. Punishment for qatl-i-khata by rash or negligent driving.– Whoever, \r\ncommits qatl-i-khata by rash or negligent driving shall, having regard to the facts and \r\ncircumstances the case, in addition to diyat, be punished with imprisonment of either \r\ndescription for a term which may extend to ten years \r\n321. Qatl-bis-sabab.– Whoever, without any intention, cause death of, or cause \r\nharm to, any person, does any unlawful act which becomes a cause for the death of \r\nanother person, is said to commit qatl-bis-sabab. \r\nIllustrations \r\nA unlawfully digs a pit in the thoroughfare, but without any intention to cause \r\ndeath of, or harm to, any person, B while passing from there falls in it and is killed.\r\n A has committed qatl-bis-sabab. \r\n322. Punishment for qatl-bis-sabab.– Whoever, commit qatl bis-sabab shall be \r\nliable to diyat. \r\n323. Value of diyat.– (1) The Court shall, subject to the Injunctions of Islam as laid \r\ndown in the Holy Qur'an and Sunnah and keeping In view the financial position of the \r\nconvict and the heirs of the victim, fix the value of diyat which shall not be less than \r\nthe value of thirty thousand six hundred and thirty grams of silver. \r\n(2) For the purpose of sub-section (1), the Federal Government shall, by \r\nnotification in the official Gazette, declare the value of Silver, on the first day of July \r\neach year or on such date as it may deem fit, which shall be the value payable \r\nduring a financial year. \r\n324. Attempt to commit qatl-i-amd.– Whoever, does any act with such intention \r\nor knowledge, and under such circumstances, that, if he by.that act caused qatl, he \r\nwould be guilty of qatl-i-amd, shall be punished with imprisonment for either \r\ndescription for a term which may extend to ten years, and shall also be liable to fine, \r\nand, if hurt is caused to any person by such act, the offender shall, in addition to the \r\nimprisonment and fine as aforesaid, be liable to the punishment provided for the \r\nhurtcaused.– \r\nProvided that.where the punishment for the hurt is qisas which is not \r\nexecutable, 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 seven years. \r\n325. Attempt to commit suicide.– Whoever, attempts to commit suicide and does \r\nany act towards the commission of such offence, shall be punished with simple \r\nimprisonment for a term which may extend to one year, or with fine, or with both. \r\n326. Thug.– Whoever, shallhave been habitually associated with any other or \r\nothers for the purpose of committing robbery or child-stealing by means of or \r\naccompanied with Qatl, is a thug. \r\n327. Punishment.– Whoever, is a thug, shall be punished with imprisonment for \r\nlife and shall also be liable to fine. \r\n328. Exposure and abandonment of child under twelve years by parent or \r\nperson having care of it.– Whoever, being the father or mother of a child under the \r\nage of twelve years, or having the care of such child, shall expose or leave such \r\nchild in any place with the intention of wholly abandoning such child, shall be \r\npunished with imprisonment' of either description for- a term which may extend to \r\nseven years, or with fine, or with both. \r\nExplanation.– This section is not intended to prevent the trial of the offender for qatl-\r\ni-amd or qatl-i-shibh-i-amd or qatl-bis-sabab, as the case may be, if the child dies in \r\nconsequence of the exposure. \r\n329. Concealment of birth by secret disposal of dead body.– Whoever, by \r\nsecretly burying or otherwise disposing of the dead body of a child whether such \r\nchild dies before or after or during its birth, intentionally conceals or endeavours to \r\nconceal the birth shall be punishable with imprisonment of either description for a \r\nterm 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 \r\nvictim according to their respective shares in inheritance.– \r\nProvided that, where an heir foregoes his share, the diyat shall not be \r\nrecovered to the extent of his share. \r\n331. Payment of Diyat.– (1) The diyat may be made payable in lumpsum or in \r\ninstallments spread over a period of three years from the date of the final judgment. \r\n(2) Where a convict fails to pay diyat or any part thereof within the period \r\nspecified in sub-section (1), the convict may be kept in jail and dealt with in the same \r\nmanner as if sentenced to simple imprisonment until the diyat is paid full or may be \r\nreleased on bail If he furnishes security equivalent to the amount of diyat to the \r\nsatisfaction of the Court. \r\n(3) Where a convict dies before the payment of diyat or any part thereof, it \r\nshall be recovered from his estate. \r\n332. Hurt.– (1) Whoever, causes pain, harm, disease, infianity or injury to any \r\nperson or impairs, disables or dismembers any organ of the body or part thereof of \r\nany person without causing his death, is said to cause hurt. \r\n(2) The following are the kinds of hurt.– \r\n(a) Itlaf-i-udw \r\n(b) itlaf-i-salahiyyat-i-udw \r\n(c) shajjah  \r\n(d) jurhand \r\n(e) all kinds of other hurts. \r\n333. Itlaf-i-udw.– Whoever, dismembers, amputates, severs any limb or organ of \r\nthe body of another person is said to cause Itlaf-i-udw. \r\n334. Punishment for Itlaf-udw.– Whoever, by doing any act with the intention of \r\nthereby causing hurt to any person, or with the knowledge that he is likely thereby to \r\ncause hurt to any person causes Itlaf-i-udw of any person, shall, in consultation with \r\nthe authorized medical officer, be punished with qisas, and if the qisas is not \r\nexecutable keeping in view the principles of equality in accordance with the \r\nInjunctions of Islam, the offender shall be liable to arsh and may also be punished \r\nwith imprisonment of either description for a term which may extend to ten years as \r\nta'zir. \r\n335. Itlaf-i-salahiyyat-i-udw.– Whoever, destroys or permanently impairs the \r\nfunctioning, power or capacity of an organ of the body of another person, or causes \r\npermanent disfigurement is said to cause itlaf-i-salahiyyat-i-udw. \r\n336. Punishment for itlaf-i-salahiyyat-i-udw.– Whoever, by doing any act with \r\nthe intention of causing hurt to any person, or with the knowledge that he is likely to \r\ncause hurt to any person, causes itlaf-i-salahiyyat-i-udw of any person, shall, in \r\nconsultation with the authorised medical officer, be punished with qisas and if the \r\nqisas is not executable, keeping in view the principles of equality in accordance with \r\nthe Injunctions of Islam, the offender shall be liable to arsh and may also be \r\npunished with imprisonment of either description for a term which may extend to ten \r\nyears as taz’ir. \r\n337. Shajjah.– (1) Whoever, causes, on the head or face of any person, any hurt \r\nwhich does not amount to itlaf-i-udw or itlaf-i-salahiyyat-i-udw, is said to cause \r\nshajjah. \r\n(2) The following are the kinds of shaljah namely.–- \r\n(a) Shajjah-i-Khafifah \r\n(b) Shalfah'i-mudihah \r\n(c) Shajjah-i-hashimah \r\n(d) Shajjah-i-munaqqilah \r\n(e) Shaijah-i-ammah and \r\n(f) Shajjah-i-damighah \r\n(3) Whoever, causes shajjah \r\n(i) without exposing bone of the victim, is said to cause shajjah-i-khafifah; \r\n(ii) by exposing any bone of the victim without causing fracture, is said to \r\ncause shajjah-i-mudihah; \r\n(iii) by fracturing the bone of the victim, without dislocating it, is said to \r\ncause shajjah-i-hashimah;  \r\n(iv) by causing fracture of the bone of the victim and thereby the bone is \r\ndislocated, is said to cause shajfah-i-munaqqilah; \r\n(v) by causing fracture of the skull of the victim so that the wound touches \r\nthe membrane of the brain, is said to cause shajjah-i-ammah; \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 shaijah-i-damighah. \r\n337-A. Punishment of shajjah.– Whoever, by doing any act with the intention of \r\nthereby causing hurt to any person, or with the knowledge that he is likely thereby to \r\ncause hurt to any person, causes-- \r\n(i) Shajjah-I-khafifah to any person, shall be liable to daman and may also \r\nbe punished with imprisonment of either description for a term which \r\nmay extend to two years as ta'zir, \r\n(ii) shajjah-i-mudihah toany person,shall,in consultation with the \r\nauthorised medical officer, be punished with qisas, and if the, qisas is \r\nnot executable keeping in view the principles of equality, in accordance \r\nwith the Injunctions of Islam, the convict shall be liable to arsh which \r\nshall be five percent of the diyat and may also be punished with \r\nimprisonment of either description for a term which may extend to five \r\nyears as ta'zir, \r\n(iii) shajjah-i-hashimah to any person, shall be liable to arsh which shall be \r\nten per cent of the diyat and may also be punished with imprisonment \r\nof either description for a term which may extend to ten years as ta'zir, \r\n(iv) shajiah-i-munaqqilah to any person, shall be liable to arsh which shall \r\nbe fifteen per cent of the diyat and may also be punished with \r\nimprisonment of either description for a term which may extend to ten \r\nyears as ta 'zir, \r\n(v) shajjah-i-ammah to any person, shall be liable to arsh which shall be \r\none-third of the diyat and may also be punished with imprisonment of \r\neither description for a term which may extend to ten years as ta'zir, \r\nand \r\n(vi) shajjah-i-damighah to any person shall be liable to arsh which shall be \r\none-half of diyat and may also be punished with imprisonment of either \r\ndescription for a term which may extend to fourteen years as ta'zir. \r\n337-B. Jurh.– (1) Whoever, causes on any part of the body of a person, other than \r\nthe head or face, a hurt which leaves a mark of the wound, whether temporary or \r\npermanent, is said to cause jurh. \r\n(2) Jurhis of two kinds, namely.– \r\n(a) Jaifah ; and \r\n(b) Ghayr-jaifah \r\n337-C. Jaifah.– Whoever, causes jurh in which the injury extends to the body cavity \r\nof the trunk, is said to cause jaifah. \r\n337-D. Punishment for jaifah.– Whoever, by doing any act with the intention of \r\ncausing hurt to a person or with the knowledge that he is likely to cause hurt to such \r\nperson, causes jaifah to such person, shall be liable to arsh which shall be one-third \r\nof the diyat and may also be punished with imprisonment of either description for a \r\nterm which may extend to ten years as ta'zir. \r\n337-E. Ghayr-jaifah.– (1) Whoever, causes jurh which does not amount to jaifah, is \r\nsaid to cause ghayr-jaifah. \r\n(2) The following are the kinds of ghayr-faifah, namety.–- \r\n(a) damihah \r\n(b) badi'ah \r\n(c) mutalahimah \r\n(d) mudihah \r\n(e) hashimah ; and \r\n(f) munaqqilah \r\n(3) Whoever, causes ghayr-jaifah– \r\n(i) in which the.skin is ruptured and bleeding occurs, is said to cause \r\ndamiyah; \r\n(ii) by cutting or incising the flesh without exposing the bone, is said to \r\ncause badi'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(v) by causing fracture of a bone without dislocating it,is said to cause \r\nhashimah; and \r\n(vi) by fracturing and dislocating the bone, is said to cause munaqqilah. \r\n337-F. Punishment of ghayr-jaifah.– Whoever, by doing any act with the intention \r\nof causing hurt to any person, or with the knowledge that he is likely to cause hurt to \r\nany person, causes\" \r\n(i) damihah to any person, shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may \r\nextend to one year as ta'zir, \r\n(ii)  badi'ah to any person, shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may \r\nextend to three years as ta'zir, \r\n(iii) mutafahimah to any person, shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may \r\nextend to three years as ta'zir; \r\n(iv) mudihah to any person, shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may \r\nextend to five years as ta'zir, \r\n(v) hashimah to any person, shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may \r\nextend to five years as ta'zir, and  \r\n(vi) munaqqilah to any person, shall be liable to daman and may also be \r\npunished with imprisonment of either description for a term which may \r\nextend to seven years as ta'zir. \r\n337-G. Punishment for hurt by rash or negligent driving.– Whoever, causes hurt \r\nby rash or negligent driving shall be liable to arsh or daman specified for the kind of \r\nhurt caused and may also be punished with imprisonment of either description for a \r\nterm which may extend to five years as ta'zir. \r\n337-H. Punishment for hurt by rash or negligent act.– (1) Whoever, causes hurt \r\nby rash or negligent act, other than rash or negligent driving, shall be liable to arsh or \r\ndaman specified for the kind of hurt caused and may also be punished with \r\nimprisonment of either description for a term which may extend to three years as \r\nta'zir. \r\n(2) Whoever, does any act so rashly or negligently as to endanger human \r\nlife or the personal safety of other, shall be punished with imprisonment of either-\r\ndescription for a term which may extend to three months, or with fine, or with both. \r\n337-I. Punishment for causing hurt by mistake (khata).– Whoever, causes hurt \r\nby mistake (khata) shall be liable to arsh or daman specified for the kind of hurt \r\ncaused. \r\n337-J. Causing hurt by mean of a poison.– Whoever, administers to.or causes to \r\nbe taken by, any person, any poison or any stupefying, intoxicating or unwholesome \r\ndrug, or such other thing with intent to cause hurt to such person, or with intent to \r\ncommit or to facilitate the commission of an offence, or knowing it to be likely that he \r\nwill thereby cause hurt may, in addition to the punishment of arsh or daman provided \r\nfor the kind of hurt caused, be punished, having regard to the nature of the hurt \r\ncaused, with imprisonment of either description for a term which may extend to ten \r\nyears. \r\n337-K. Causing hurt to extort confession, or to compel restoration of \r\nproperty.– Whoever, causes hurt for the purpose of extorting from the sufferer or \r\nany person interested in the sufferer any .confession or any information which may \r\nlead to the detection of any offence or misconduct, or for the purpose of constraining \r\nthe sufferer, or any person interested in the Sufferer, to restore, or to cause the \r\nrestoration of, any property or valuable security or to satisfy any claim or demand, or \r\nto give information which may lead to the restoration of any property, or valuable \r\nsecurity shall, in addition to the punishment of qisas, arsh or daman, as the case \r\nmay be, provided for the kind of hurt caused, be punished, having regard to the \r\nnature of the hurt caused, with imprisonment of either description for a term which \r\nmay extend to ten years as ta'zir. \r\n337-L. Punishment for other hurt.– (1) Whoever, causes hurt, not mentioned \r\nhereinbefore, which endangers life or which causes the sufferer to remain in severe \r\nbodily pain for twenty days or more or renders him unable to follow his ordinary \r\npursuits for twenty days or more, shall be liable to daman and also be punished with \r\nimprisonment of either description for a term which may extend to seven years. \r\n(2) Whoever, causes hurt not covered by sub-section (1) shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with daman, or with both. \r\n337-M. Hurt not liable to qisas.– Hurt shall not be liable to qisas in the following \r\ncases, namely.– \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 by \r\nthe Court having regard to the age of offender, circumstances of the case and the \r\nnature 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 of hurt \r\ncaused by him; \r\n(c) when the offender has caused itlaf-i-udw of a physically imperfect \r\norgan of the victim and the convict does not suffer from similar physical \r\nimperfection of such organ.– \r\nProvided that the offender shall be liable to arsh and may also be liable to ta'zir \r\nprovided 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 to ta'zir \r\nprovided for the kind of hurt caused by him. \r\nIllustrations \r\n(i) A amputates the right ear of Z, the half of which was already missing.If \r\nA's right ear is perfect, he shall be liable to arsh and not qisas. \r\n(ii) If in (he above illustration, Z's ear is physically perfect but without \r\npower of hearing, A shall be liable to qlsas because the defect in Z's ear is not \r\nphysical. \r\n(iii)  lf in illustration (i) Z's ear is pierced, A shall be liable to qisas \r\nbecause such minor defect is not physical imperfection. \r\n337-N. Cases in which qisas for hurt shall not be enforced.– (1) The qisas for a \r\nhurt shall not 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 \r\nexecution 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 badl-i-\r\nsufh; or \r\n(d) when the right of qisas devolves on the person who cannot claim qisas \r\nagainst the offender under this Chapter.– \r\nProvided that the offender shall be liable to arsh, if there is any wali other than \r\nthe offender, and if there is no wali other than the offender he shall be liable to ta'zir \r\nprovided for the kind of hurt caused by him. \r\n(2) Notwithstanding anything contained in this Chapter, in all cases of hurt, \r\nthe Court may, having regard to the kind of hurt caused by him, in addition to \r\npayment of arsh, award ta'zir to an offender who is a previous convict, habitual or \r\nhardened, desperate or dangerous criminal. \r\n337-O. 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, how high so ever; \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\n337-P.  Execution of qisas for hurt.– (1) Qisas shall be executed in public by an \r\nauthorised medical officer who shall before such execution examine the offender and \r\ntake due care so as to ensure that the execution of qisas does not cause the death \r\nof the offender or exceed the hurt caused by him to the victim. \r\n(2) The wali shall be present at the time of execution and if the wali or his \r\nrepresentative is not present, after having been informed of the date, time and place \r\nby the Court an officer authorised by the Court in this behalf shall give permission for \r\nthe execution of qisas. \r\n(3) If the convict is a woman who is pregnant, the Court may, in \r\nconsultation with an authorised medical officer, postpone the execution of qisas upto \r\na period of two years after the birth of the child and during this period she may be \r\nreleased on bail on furnishing of security to the satisfaction of the Court or, if she is \r\nnot so released, shall be dealt with as if sentenced to simple' imprisonment. \r\n337-Q. Arsh for single organs.– The arsh for causing itlaf of an organ which Is \r\nfound singly in a 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 \r\na human body. \r\n337-R. Arsh for organs in pairs.– The arsh .for causing itlaf of organs found in a \r\nhuman body in pairs shall be equivalent to the value of diyat and if itlaf is caused to \r\none of such organs the amount of arsh shall be one-half of the diyat.– \r\nProvided that, where the victim has only one such organ or his other organ is \r\nmissing or has already 'become incapacitated the arsh for causing itlaf of the existing \r\nor capable organ shall be equal to the value of diyat. \r\nExplanation.– Hands, feet, eyes, lips and breasts are included in the organs which \r\nare found in a human body in pairs. \r\n337-S.  Arsh for the organs in quadruplicate.– (1)The arsh for causing itlaf \r\nof organs found in a human body in a set of four shall be equal to-- \r\n(a) one-fourth of the diyat, if the itlaf is one of such organs; \r\n(b) one-half of the diyat, if the itlaf is of two of such organs;. \r\n(c) three-fourth 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\n337-T.  Arsh for fingers.– (1) The arsh for causing itlaf of a finger of a hand or foot \r\nshall be one-tenth of the diyat. \r\n(2) The arsh for causing itlaf of a joint of a finger shall be one-thirteenth of \r\nthe diyat.– \r\nProvided that where the itlaf is of a joint of a thumb, the arsh shall be one-\r\ntwentieth of the diyat. \r\n337-U. Arsh for teeth.– (1) The arsh for causing itlaf of a tooth, other than a milk \r\ntooth, shall be one-twentieth of the diyat. \r\nExplanation.– The impairment of the portion of a tooth outside the gum amounts to \r\ncausing itlaf of a tooth. \r\n(2) The arsh for causing itlaf of twenty or more teeth shall be equal to the \r\nvalue of diyat. \r\n(3) Where the itlaf is of a milk tooth, the accused shall be liable to daman \r\nand may, also be punished with imprisonment of either description for a term which \r\nmay extend to one year.– \r\nProvided that, where itlaf of a milk tooth impedes the growth of. A new tooth, \r\nthe accused shall be liable to arsh specified in sub-section (1). \r\n337-V.  Arsh for hair.– (1) Whoever, uproots; \r\n(a) all the hair of the head, beard, moustaches eyebrow, eyelashes or any \r\nother part of the body shall be liable to arsh equal to diyat and may \r\nalso be punished with imprisonment of either description for a term \r\nwhich may extend to three years as ta'zir, \r\n(b) one.eyebrow shall be liable to arsh equal to one- half of the diyat; and \r\n(c) one eyelash, shall be liable to arsh equal to one fourth of the diyat \r\n(2) Where the hair of any part of the body of the victim are forcibly \r\nremoved by any process not covered under sub section (1), the accused shal be \r\nliable to daman and imprisonment of either description which may extend to one \r\nyear. \r\n337-W. Merger of arsh.– (1) Where an accused more than one hurt, he shall be \r\nliable to 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 \r\ncausing hurt to such organ and not for arsh for causing hurt to any part \r\nof such organ and \r\n(b) the wounds join together and form a single wound, the accused shall \r\nbe liable to arsh for one wound. \r\nIllustrations \r\n(i) A amputates Z's fingers of the right hand and then at the same time \r\namputates that hand from the joint of his writs.There is separate arsh for hand and \r\nfor fingers. 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 \r\nother that they form into one wound. A shall be liable to arsh for one wound only. \r\n(2) Where, after causing hurt to a person, the offender causes death of \r\nsuch person by committing 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 \r\nsuch hurt. \r\n337-X.  Payment of arsh.– (1) The arsh may be made payable in a lump sum or in \r\ninstalments spread over a period of three years from the date of the final judgment. \r\n(2) Where a convict fails to pay arsh or any part thereof within the period \r\nspecified in sub-section (1), the convict may be kept in jail and dealt with in the same \r\nmanner as if sentenced to simple imprisonment until arsh is paid in full may be \r\nreleased on bail if he furnishes security equal to amount of arsh to the satisfaction of \r\nthe Court. \r\n(3) Where a convict dies before the payment of arsh any part thereof, it \r\nshall be recovered from his estate. \r\n337-Y.  Value of daman.– (1) The value of daman may be determined by the Court \r\nkeeping in view.– \r\n(a) the expenses incurred on the treatment of victim; \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\n(2) In case of non-payment of daman, it shall be recovered from the \r\nconvict and until daman is paid in full to the extent of his liability, the convict may be \r\nkept in jail and dealt with in the same manner as if sentenced to simple imprisonment \r\nor may be released on bail if he furnishes security equal to the amount of daman to \r\nthe satisfaction of the Court. \r\n337-Z.  Disbursement of arsh or daman.– The arsh or daman shall be payable to \r\nthe victim or, if the victim dies, to his heirs according to their respective shares in \r\ninheritance. \r\n338.  Isqat-i-Hamal.– Whoever, causes woman with child whose organs have not \r\nbeen formed, to miscarry, if such miscarriage is not caused in good faith for the \r\npurpose of saving the life of the woman, or providing necessary treatment to her, is \r\nsaid to cause isqat-i-haml. \r\nExplanation.– A woman who causes herself to miscarry is within the meaning of this \r\nsection. \r\n338-A. Punishment for Isqat-i-haml.– Whoever, cause isqat-i-haml shall be liable \r\nto punishment as ta'zir- \r\n(a) with imprisonment of either description for a tern which may extend to \r\nthree years, if isqat-i-haml is caused with the consent of the woman; or \r\n(b) with imprisonment of either description for a term which may extend to \r\nten years, if isqat-i-haml is caused without the consent of the woman.– \r\nProvided that, if as a result of isqat-i-haml, any hurt is caused to woman or \r\nshe dies, the convict shall also be liable to the punishment provided for such hurt or \r\ndeath as the case may be. \r\n338-B. Isqat-i-janin.– Whoever, causesa woman with child some of whose limbs or \r\norgans have been formed to miscarry, if such miscarriage is not caused in good faith \r\nfor the purpose of saving the life of the woman, is said to cause Isqat-i-janin. \r\nExplanation.– A woman who causes herself to miscarry is within the meaning of this \r\nsection. \r\n338-C. Punishment for Isqat-i-janin.– Whoever, causes isqat-i-ianin sha!l be liable \r\nto; \r\n(a) one-twentieth of the diyat if the child is born dead; \r\n(b) full diyat if the chitd is born alive but dies as a result of any act of the \r\noffender; and \r\n(c) imprisonment of either description for a term which may extend to \r\nseven years as ta'zir.– \r\nProvided that, if there are more than one child in the womb of the woman, the \r\noffender shall be liable to separate diyat or ta'zir, as the case may be/for every such \r\nchild.– \r\nProvided further that if, as a result of isqat-i-fanin, any hurt is caused to the \r\nwoman or she dies, the offender shall also be liable to the punishment provided for \r\nsuch hurt or death, as the case may be. \r\n338-D. Confirmation of sentence of death by way of qisas or tazir, etc.– A \r\nsentence of death awarded by way of qisas or ta'zir, or a sentence of qisas awarded \r\nfor causing hurt, shall not be executed, unless it is confirmed by the High Court. \r\n338-E.  Waiver or compounding of offences.– (1) Subject to the provisions of this \r\nChapter and Section 345 of the Code of Criminal Procedure, 1898 (V of 1898), all \r\noffences under this Chapter may be waived or compounded and the provisions of \r\nSections 309 and 310 shall, mutatis mutandis, apply to the waiver or compounding of \r\nsuch offences.– \r\nProvided that, where an offence has been waived or compounded, the Court \r\nmay, in its discretion having regard to the facts and circumstances of the case, \r\nacquit or award ta'zir to the offender according to the nature of the offence. \r\n(2) All questions relating to waiver or compounding of an offence or \r\nawarding of punishment under Section 310, whether before or after the passing of \r\nany sentence, shall be determined by trial Court.– \r\nProvided that where the sentence of qisas or any other sentence is waived or \r\ncompounded during the pendency of an appeal, such questions may be determined \r\nby the trial Court. \r\n338-F. Interpretation.– In the interpretation and application of the provisions of this \r\nChapter, and in respect of matter ancillary or akin thereto, the Court shall be guided \r\nby the Injunctions of Islam as laid down in the Holy Qur'anand Sunnah. \r\n338-G. Rules.– The Government may, in consultation with the Council of Islamic \r\nideology, by notification in the official Gazette, make such rutes as it may consider \r\nnecessary for carrying out the purposes of this Chapter. \r\n338-H. Saving.– Nothing in this Chapter, except Sections 309.310 and 338-E.shall \r\napply to cases pending before any Court immediately before the commencement of \r\nthe Criminal Law (Second Amendment) Ordinance, 1990 (VII of 1990), or to the \r\noffences committed before such commencement. \r\nSections 299 to 338 H subs.by the Criminal Law (Amendment) Act. II of 1997. \r\nCHAPTER XVI-A \r\nOF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT \r\n339. Wrongful restraint.– Whoever, voluntarily obstructs any person so as to \r\nprevent that person from proceeding in any direction in which that person has a right \r\nto proceed, is said wrongfully to restrain that person. \r\nException.– The obstruction of a private way over land or water, which a \r\nperson in good faith believes himself to have a lawful right to obstruct, is not an \r\noffence within the meaning of this section. \r\nIllustrations \r\nA obstructs a path along which Z has a right to pass, A not believing in good \r\nfaith that he has a right to stop the path, Z is thereby prevented from passing. A \r\nwrongfully restrains Z. \r\n340. Wrongful confinement.– Whoever, wrongfully restrains any person in such a \r\nmanner as 10 prevent that person from proceeding beyond certain circumscribing \r\nlimits, is said \"wrongfully to confine\" that person. \r\nIllustrations \r\n(a) A causes Z to go within a walled space, and locks Z in.Z is thus \r\nprevented from proceeding in any direction beyond the circumscribing line of wall.\r\n A wrongfully confines Z. \r\n(b)  A places men with firearms at the outlets of a building, and tells Z that \r\nthey will fire at Z if Z attempts to leave the building. A wrongfully confines Z. \r\n341. Punishment for wrongful restraint.– Whoever, wrongfully restrains any \r\nperson, shall be punished with simple imprisonment for a term, which may extend to \r\none month, or with fine, which may extend to five hundred rupees or with both. \r\n342. Punishment for wrongful confinement.– Whoever, wrongfully confines any \r\nperson, shall be punished with imprisonment of either description for, a term, which \r\nmay extend to one year, or with fine which may extend to one thousand rupees or \r\nwith both. \r\n343. Wrongful confinement for three or more days.– Whoever, wrongfully \r\nconfines any person, for three days or more, shall be punished with imprisonment of \r\neither description for a term, which may extend to two years, or with fine, or with \r\nboth. \r\n344. Wrongful confinement for ten or more days.– Whoever, wrongfully \r\nconfines any person for ten days or more, shall be punished with imprisonment of \r\neither description for a term, which may extend to three years, and shall also be \r\nliable to fine. \r\n345. Wrongful confinement of person for whose liberation writ, has been \r\nissued.– Whoever, keeps any person in wrongful confinement, knowing that a writ \r\nfor the liberation of that person has been duly issued, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, in \r\naddition to any term of imprisonment to which he may be liable under any other \r\nsection of this Chapter. \r\n346. Wrongful confinement in secret.– Whoever, wrongfully confines any person \r\nin such manner as to indicate an intention that the confinement of such person may \r\nnot be known to any person interested in the person so confined, or to any public \r\nservant, or that the place of such confinement may not be known to or discovered by \r\nany such person of public servant as hereinbefore mentioned, shall be punished with \r\nimprisonment of either description for a term which may extend to two years in \r\naddition to any other punishment to which he may be liable for such wrongful \r\nconfinement. \r\n347. Wrongful confinement to extort property or constrain to illegal act.– \r\nWhoever, wrongfully confines any person for the purpose of extorting from the \r\nperson confined, or from any person interested in the person confined, any property \r\nor valuable security or of constraining the person confined or any person interested \r\nin such person to do anything illegal or to give any information which may facilitate \r\nthe 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 \r\nfine. \r\n348. Wrongful confinement to extort confession or compel restoration of \r\nproperty.– Whoever, wrongfully confines any person for the purpose of extorting \r\nfrom the person confined or any person interested in the person confined any \r\nconfession or any information which may lead to the detection of an offence or \r\nmisconduct, or for the purpose of constraining the person confined or any person \r\ninterested in the person confined to restore or to cause the restoration of any \r\nproperty or valuable security or to satisfy any claim or demand, or to give information \r\nwhich may lead to the restoration of any property or valuable security, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nthree years and shall also be liable to fine. \r\nOf Criminal Force and Assault \r\n349. Force.– A person is said to use force to another if he causes motion, change \r\nof motion, or cessation of motion to that other or if he causes to any substance such \r\nmotion, or change of motion, or cessation of motion as brings that substance into \r\ncontact with any part of that other's body, or with anything which that other is wearing \r\nor carrying, or with anything so situated that such contact affects that other's sense \r\nof feeling.– provided that the person causing the motion, or change of motion, or \r\ncessation of motion, causes that motion, change of motion, or cessation of motion in \r\none of the three ways hereinafter described.–  \r\nFirst.– By his own bodily power. \r\nSecondly.– By disposing any substance in such a manner that the motion or \r\nchange or cessation of motion takes place without any further act on his part, \r\nor on the part of any other person. \r\nThirdly.– By inducing any animal to move, to change its motion, or to cease to \r\nmove. \r\n350. Criminal force.– Whoever, intentionally uses force to any person, without that \r\nperson's consent, in order to the committing of any offence, or intending by the use \r\nof such force to cause or knowing it to be likely that by the use of such force he wilt \r\ncause injury, fear or annoyance to the person to whom the force is used, is said to \r\nuse 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 \r\nthus intentionally causes the boat to drift down the stream. Here A intentionally \r\ncauses motion to Z, and he does this by disposing substances in such a manner that \r\nthe 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 consent, in \r\norder to the committing of any offence or intending or knowing it to be likely that this \r\nuse of force will cause injury, for or annoyance to Z, A has used criminal force to Z. \r\n(b) Z is riding in a chariot, A lashes Z's horses, and thereby cause them to \r\nquicken their pace. Here A has caused change of motion to Z by inducing the \r\nanimals to change their motion. A has, therefore, used force to Z. And if ,A has \r\ndone this without 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 \r\nand stops the palanquin. Here A has caused cessation of motion to Z, and he has \r\ndone this by his own bodily power. A has, therefore, used force to Z and as A \r\nhas acted thus intentionally without Z's consent in order to the commission of an \r\noffence A has used criminal force to Z. \r\n(d) A intentionally pushes against Z in the street. Here A has by his own \r\nbodily power moved his own person so as to bring it into contact with Z. He has \r\ntherefore, intentionally used force to Z; and if he has done so without Z's consent, \r\nintending or knowing it to be likely that he may thereby injure, frighten or annoy Z.\r\n 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 \r\nbe thus brought into contact with Z or with Z's clothes, or with something carried by Z \r\nor that it will strike water, and dash up the water against Z's clothes, or something \r\ncarried by Z. Here, if the throwing of the stone produce the effect of causing any \r\nsubstance to come into contact with Z or, Z's clothes. A has used force to Z.– and if \r\nhe did so without Z's consent intending thereby to injure, frighten or annoy Z. He \r\nhas used criminal force to Z. \r\n(f) A intentionally pulls up a woman's veil. Here A intentionally uses force \r\nto her and 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..\r\n Here A intentionally by his own bodily power causes such motion in the boiling \r\nwater as brings that water into contact with Z, or with other water so situated that \r\nsuch contact must affect Z's sense of feeling. A has, therefore, intentionally used \r\nforce to 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 \r\nintends to cause injury, fear or annoyance to Z, he uses criminal force to Z. \r\n351. Assault.– Whoever, makes any gesture, or any preparation intending or \r\nknowing it to be likely that such gesture or preparation will-cause any person present \r\nto apprehend that he who makes that gesture or preparation it about to use .of \r\ncriminal force to that person, is said to commit an assault. \r\nExplanation.– Mere words do not amount to an assault, But the words which a \r\nperson uses may give to his gesture or preparation such a meaning as may make \r\nthose gestures or preparations amount to an assault. \r\nIllustrations \r\n(a) A shakes his fist at 2, intending or knowing it to be likely that he may \r\nthereby cause Z 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 forcing dog intending, or knowing it \r\nto be likely that he may thereby cause Z to believe that he is about to cause the dog \r\nto attack Z. A has committed an assault upon Z. \r\n(c) A takes up a stick, saying to Z.\"I will give you a beating.\" Here, though \r\nthe words used by A could in no case amount to an assault, and though the mere \r\ngesture accompanied by any other circumstances might not amount to an assault, \r\nthe gesture explained by the words may amount to an assault. \r\n352. Punishment for assault or criminal force otherwise than on grave \r\nprovocation.– Whoever, assaults or uses criminal force to any person otherwise \r\nthan on grave and sudden provocation given by that, person, shall be punished with \r\nimprisonment of either description for a term which may extend to three months, or \r\nwith fine which may extend to five hundred rupees, or with both. \r\nExplanation.– Grave and sudden provocation will not mitigate the punishment for \r\nthe offence under this section, if the provocation is sought or voluntarily provoked by \r\nthe offender as a excuse for the offence, or if the provocation is given by anything \r\ndone in obedience to the law or by, a public servant, in the lawful exercise of the \r\npowers such public servant, or if the provocation is given by anything done in the \r\nlawful exercise of the right of private defence. Whether the provocation was grave \r\nand sudden enough to mitigate the offence, is a question of fact. \r\n353. Assault or criminal force to deter public servant from discharge of his \r\nduty.– Whoever, assaults or uses criminal force to any person being a public servant \r\nin the execution of his duty as such public servant, or with intent to prevent or deter \r\nthat person from discharging his duty as such public servant, or in consequence of \r\nanything done or attempted to be done by such person in the lawful discharge of his \r\nduty as 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\n354. Assault or criminal force to woman with intent to outrage her modesty.– \r\nWhoever, assaults or uses criminal force to any woman, intending to outrage or \r\nknowing it to be likely that he will thereby outrage her modesty, shall be punished \r\nwith imprisonment of either description for a term which may extend to two years or \r\nwith fine, or with both. \r\n354-A. Assault or use of criminal force to woman and stripping her of her \r\nclothes.– Whoever, assaults or use criminal force to any woman and strips her of \r\nher clothes and in that condition, exposes her to the public view, shall be punished \r\nwith death or with imprisonment for life, and shall also be liable to fine. \r\nSec- 354-A Ins., by the Criminal Law (Amend.) Ordinance, XXIV of 1984. \r\n355. Assault or criminal force with intent to dishonour person, otherwise \r\nthan on grave provocation.– Whoever, assaults or uses criminal force to any \r\nperson, intending thereby to dishonour that person, otherwise than on grave and \r\nsudden provocation given by 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\n356. Assault or criminal force in attempt to commit theft of property carried \r\nby a person.– Whoever, assaults or uses criminal force to any person in attempting \r\nto commit theft on any property which that person is then wearing or carrying shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\ntwo years, or with fine, or with both. \r\n357. Assault or criminal force in attempting wrongfully to confine person.– \r\nWhoever, assaults or uses criminal force to any person, in attempting wrongfully to \r\nconfine that person, shall be punished with imprisonment of either description for a \r\nterm which may extend to one year or with fine which may extend to one thousand \r\nrupees, or with both. \r\n358. Assault or criminal for ceon grave provocation.– Whoever, assaults or \r\nuses criminal force to any person on grave and sudden provocation given by that \r\nperson, shall be punished with simple imprisonment for a term which may extend to \r\none month or with fine which may extend to two 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 Pakistan and \r\nkidnapping from lawful guardianship. \r\n360. Kidnapping from Pakistan, etc.– Whoever, conveys any person beyond the \r\nlimits of Pakistan without the consent of that person, or of some person legally \r\nauthorised to consent on behalf of that person is said to kidnap that person from \r\nPakistan. \r\n361. Kidnapping from lawful guardianship.– Whoever, takes or entices any \r\nminor under fourteen years of age if a male, or under sixteen years of age if a \r\nfemale, or any person of unsound mind, out of the keeping of the lawful guardian of \r\nsuch minor or person of unsound mind, without the consent of such guardian, said to \r\nkidnap such minor or person from lawful guardianship. \r\nExplanation.– The words \"lawful guardian\" in this section include any person \r\nlawfully entrusted 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 \r\nfaith believes himself to be the father of an illegitimate child or who in good faith \r\nbelieves himself to be entitled to the lawful custody of such child, unless such act is \r\ncommitted for an immoral or unlawful purpose. \r\n362. Abduction.– Whoever, by force compels, or by any deceitful means induces, \r\nany person to go from any place, is said to abduct that person. \r\n363. Punishment for kidnapping.– Whoever, kidnaps any person from Pakistan \r\nor from lawful guardianship, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\n364. Kidnapping or abducting in order to murder.– Whoever, kidnaps or \r\nabducts any person in order that such person may be murdered or may be so \r\ndisposed of as to be put in danger of being murdered, shall be punished with \r\nimprisonment for life or rigorous imprisonment for a term which may extend to ten \r\nyears and shall also be liable to fine, \r\nIllustrations \r\n(a) A kidnaps Z from Pakistan, intending or knowing it to be likely that Z \r\nmay be sacrificed to an idol. A has committed the offence defined in this \r\nsection. \r\n(b) A forcibly carries or entices 5 away from his home in order that B may \r\nbe murdered. A has committed the offence defined in this section. \r\n364-A. Kidnapping or abducting a person under the age of fourteen.– Whoever, \r\nkidnaps or abducts any person under the [age of fourteen] in order that such person \r\nmay be murdered or subjected to grievous hurt, or slavery, or to the lust of any \r\nperson or may be so disposed of as to be put in danger of being murdered or \r\nsubjected to grievous hurt, or slavery, or to the lust of any person shall be punished \r\nwith death or with imprisonment for life or with rigorous imprisonment for a term \r\nwhich may extend to fourteen years and shall not be less than seven years. \r\n365. Kidnapping or abducting with intent secretly and wrongfully to confine \r\nperson.– Whoever, kidnaps or abducts any person with intent to cause that person \r\nto be secretly and wrongfully confined, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine- \r\n365-A. Kidnapping or abducting for extorting property, valuable security, etc.– \r\nWhoever, kidnaps or abducts any person for the purpose of extorting from the \r\nperson kidnapped or abducted, or from any person interested in the person \r\nkidnapped or abducted any property, whether movable or immovable, or valuable \r\nsecurity, or to compel any person to comply with any other demand, whether in cash \r\nor otherwise, for obtaining release of the person kidnapped or abducted, shall be \r\npunished with death or imprisonment for life and shall also be liable to forfeiture of \r\nproperty. \r\nS.365-A added by the Criminal Law (Amendment) Act, III of 1990, \r\n366. Kidnapping, abducting or inducing woman to compel her marriage, etc.– \r\n[Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, Vfl of 1979, \r\nS.19.] \r\n366-A. Procuration of minor girl.– Whoever, by any means whatsoever, induces \r\nany minor girl under the age of eighteen years to go from any place or to do any act \r\nwith intent that such girl may be, or knowing that it is likely that she will be, forced or \r\nseduced to illicit intercourse with another person shall be punishable with \r\nimprisonment which may extend to ten years and shall also be liable to fine. \r\nSec.366-A ins, by the Penal Code (Amendment) Act, XX of 1923. \r\n366-B. Importation of girl from foreign country.– Whoever, imports into Pakistan \r\nfrom any country outside Pakistan any girl under the age of twenty-one years with \r\nintent that she may be, or knowing it to be likely that she will be, forced or seduced to \r\nillicit intercourse with another person, shall be punishable with imprisonment which \r\nmay extend to ten years and shall also be liable to fine.Sec.366-B subs. by the \r\nFederal Laws (Revision and Declaration) Ordinance XXVII of 1981. \r\n367. Kidnapping or abducting in order to subject person to grievous hurt, \r\nslavery, etc.– Whoever, kidnaps or abducts any person in order that such person \r\nmay be subjected, or may be so disposed of as to be put in danger of being \r\nsubjected to grievous hurt, or slavery or knowing it to be likely that such person will \r\nbe so subjected or disposed of shall be punished with imprisonment of either \r\ndescription for a term which may extend to ten years, and shall also be liable to fine. \r\n368. Wrongfully concealing or keeping in confinement, kidnapped or \r\nabducted person.– Whoever, knowing that any person has been kidnapped or has \r\nbeen abducted wrongfully conceals or confines such person shall be punished in the \r\nsame manner as if he had kidnapped or abducted Such person with the same \r\nintention or knowledge, or for the same purposes 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 \r\nits person.– Whoever, kidnaps or abducts any child under the age of ten years with \r\nthe intention of taking dishonestly any movable property from the person of such \r\nchild, 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\n370. Buying or disposing of any person as a slave.– Whoever, imports, exports, \r\nremoves, buys, sells or disposes of any person as a slave, or accepts, receives or \r\ndetains against his will any person as a slave, shall be punished with imprisonment \r\nof either description for a term which may extend to seven years, and shall also be \r\nliable to fine. \r\n371. Habitual dealing in slaves.– Whoever, habitually imports, exports, removes, \r\nbuys, sells, traffics or deals in slaves.Shall be punished with imprisonment for life, or \r\nwith imprisonment of either description for a term not exceeding ten years, shall also \r\nbe liable to fine. \r\n372. Selling minor for purposes of prostitution, etc.– [Repealed by the Offence \r\nof Zina (Enforcement of Hudood) Ordinance, VII of 1979, S.19.] \r\n373. Buying minor for purposes of prostitution, etc.– [Repealed by the Offence \r\nof Zina (Enforcement of Hudood) Ordinance, VII of 1979, S.19.] \r\n374. Unlawful compulsory labour.– (1)  Whoever, unlawfully compels any person \r\nto labour against the will of that person, shall be punished with imprisonment of \r\neither description for a term which may extend to 1 [five] years or with fine, or with \r\nboth. \r\n(2) Whoever, compels a prisoner of war or a protected person to serve in \r\nthe armed forces of Pakistan shall be punished with imprisonment of either \r\ndescription for a term which may extend to one year. \r\nExplanation.– In this section the expression \"prisoner of war\" and \"protected \r\nperson\" shall have the same meanings as have been assigned to them respectively \r\nby Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War \r\nof August 12, 1949, and Article 4 of the Geneva Convention Relative to the \r\nProtection of Civilian Persons in Time of War of August 12, 1949, ratified by Pakistan \r\non the second June, 1951]. \r\nOf Rape \r\n375. Rape.– [Repealed by • the Offence of Zina (Enforcement of Hudood)\r\n Ordinance, VII of 1979, S.19]. \r\n376. Punishment of rape.– [Repealed by the Offence of Zina (Enforcement of \r\nHudood) Ordinance, VII of 1979, S.19]. \r\nOf Unnatural Offences \r\n377. Unnatural offences.– Whoever, voluntarily has carnal intercourse against the \r\norder of nature with any man, woman or animal, shall be punished with imprisonment \r\nfor life, or with imprisonment of either description for a term which shall not be less \r\nthan two years nor more than ten years, and shall also be liable to fine. \r\nExplanation.– Penetration is sufficient to constitute the carnal intercourse necessary \r\nto the offence described in this section. \r\nCHAPTER XVII \r\nOF OFFENCES AGAINST PROPERTY \r\nOf Theft \r\n378. Theft.– Whoever, intending to take dishonestly any movable property out of \r\nthe possession of any person without that person's consent, moves that property in \r\norder to such taking, is said to commit theft. \r\nExplanation 1.– A thing so long as it is attached to the earth, not being movable \r\nproperty, is not the subject of theft; but it becomes capable of being the subject of \r\ntheft as soon as it is served from the earth. \r\nExplanation 2.– A moving effected by the same act which effects the severance \r\nmay be a theft. \r\nExplanation 3.– A person is said to cause a thing to move by removing an obstacle, \r\nwhich prevented it from moving, or by separating it from any other thing, as well as \r\nby actually moving it, \r\nExplanation 4.– A person, who by any means causes an animal to move, is said to \r\nmove that animal, and to move everything which, in consequence of the motion so \r\ncaused, is moved by that animal. \r\nExplanation 5.– The consent mentioned in the definition may be express or implied, \r\nand may be given either by the person in possession, or by any person having for \r\nthat purpose authority either express or implied. \r\nIllustrations \r\n(a) A cuts down a tree on Z's ground with the intention of dishonestly \r\ntaking the tree out of Z's possession without Z's consent. Here, as soon as A has \r\nsevered the tree in order to such taking, the has committed theft. \r\n(b) A puts a bait for dogs in his pockets, and thus induces Z's dog to follow \r\nit. Here if A's intention be dishonestly to take the dog out of Z's possession \r\nwithout Z's consent 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 \r\ncertain direction, 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, \r\ndishonestly runs 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 \r\nwarehouse, till Z shall return. A carries the plate to a goldsmith and sells it.\r\n Here the plate was not in 2's possession. It could not, therefore, be taken out \r\nof Z's possession, and A has not committed theft though he may have committed \r\ncriminal breach of trust. \r\n(f) A finds a ring belonging to Z on a table in the house which Z occupies.\r\n Here the ring in Z's possession, and if A dishonestly removes it. A commits \r\ntheft. \r\n(g)  A finds a ring lying on the high-road, not in the possession of any \r\nperson. A by taking it, commits no theft, though he may commit criminal \r\nmisappropriation of property,  \r\n(h) A sees a ring belonging to Z lying on a table in Z's house. Not venturing \r\nto misappropriate the ring immediately for fear of search and detection A hides the \r\nring in a place where it is highly improbable that it will ever be found by Z. with the \r\nintention of taking the ring from the hiding place and soiling it when the toss is \r\nforgotten Here A. at the time of first moving the ring, commits the theft. \r\n(i) A delivers his watch to Z, a jeweller to be regulated. Z carries it to his \r\nshop. A, not owing to the jeweller, any debt for which the jewellers might lawfully \r\ndetain the watch as a security, enters the shop openly, takes his watch by force out \r\nof Y's hand, and carries it away. Here A. though he may have committed criminal \r\ntrespass and assault, has not committed theft, inasmuch as what he did was not \r\ndone dishonestly. \r\n(j) If A owes money to Z for repairing the watch, and if Z retains the watch \r\nlawfully as a security for the debt, and A takes the watch out of Z's possession, with \r\nthe intention of depriving Z of the property as security for his debt. he commits theft, \r\ninasmuch as he takes it dishonestly. \r\n(k) Again, if A. having pawned his. watch to Z, takes it of Z's possession \r\nwithout Z's consent not having paid what he borrowed on the watch, he commits \r\ntheft, though 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 without Z's \r\nconsent, with the intention of keeping it until he obtains money from Z as a reward \r\nfor its restoration Here A takes dishonestly A has Therefore, committed theft. \r\n(m) A being on friendly terms with Z, goes to Z's library in Z's absence, and \r\ntakes away a book without Z's express consent for the purpose merely of reading it.\r\n And with the intention of returning it. Here, it is probable that A may have \r\nconceived 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 money, food and clothes, \r\nwhich A knows to belong to her husband. Here it is probable that A may conceive \r\nthat Z'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 valuable property, which A \r\nknows to belong to her husband Z, and to be such property as she has no 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 \r\nproperty, takes that property out of S's possession. Here, as A does not take \r\ndishonestly, he does not commit theft. \r\n379. Punishment for theft.– Whoever, commits theft shall be punished with \r\nimprisonment of either description for a term which may extend to three years, or \r\nwith fine, or with both. \r\n380. Theft in dwelling house, etc.– Whoever, commits theft in any building, tent \r\nor vessel, which building, tent or vessel is used as a human dwelling, or used for the \r\ncustody of property 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\n381. Theft by clerk or servant or property in possession of master.– Whoever, \r\nbeing a clerk or servant, or being employed in the capacity of a clerk or servant, \r\ncommits theft in respect of any property in the possession of his master or-employer, \r\nshall 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\n381-A.Theft of a car or other motor vehicles.– Whoever, commits theft of a car or \r\nany other motor vehicle, including motor-cycle, scooter and Tractor shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years and with fine not exceeding the value of the stolen car or motor vehicle. \r\nExplanation.– Theft of an electric motor of a tube-well or transformer shall be within \r\nthe meaning of this section. \r\nS.381 A added by the Criminal Law (Amdt) Act, I of 1996. \r\n382. Theft after preparation made for causing death, hurt or restraint in order \r\nto the committing of the theft.– Whoever, commits theft, having made preparation \r\nfor causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to \r\nany person, in order to the committing of such theft, or in order to the effecting of his \r\nescape after the committing of such theft, or in order to the retaining of property' \r\ntaken by such theft, shall be punished with rigorous imprisonment for a term, which \r\nmay 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 \r\nthis theft, hff1 has a loaded pistol under his garment having provided this pistol for \r\nthe purpose 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, \r\nin order that they may restrain Z.if Z should perceive what is passing and should \r\nresist, or should attempt to apprehend A. A has committed the offence defined in this \r\nsection. \r\nOf Extortion \r\n383. Extortion.– Whoever, intentionally puts any person in fear of any injury to that \r\nperson, or to any other, and thereby dishonestly induces the person so put in fear to \r\ndeliver to any person any property or valuable security or anything signed or sealed \r\nwhich may be converted into a valuable security, commits \"extortion\". \r\nIllustrations \r\n(a) A threatens to publish a defamatory libel concerning Z unless Z gives \r\nhim money. 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, \r\nunless Z will sign and deliver to A a promissory-note binding Z, to pay certain money \r\nto A.Z signs and delivers the note. A has committed extortion. \r\n(c) A threatens to send club-men to plough up Z's field unless A will sign \r\nand deliver to 6 a bond binding Z under a penalty to deliver certain produce to B, and \r\nthereby 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 sing or \r\naffix his seal to a blank paper and deliver it to A.Z signs and delivers the paper to A.\r\n Here, as the paper so signed may be converted into a valuable security, A \r\nhas committed extortion. \r\n384. Punishment for extortion.– Whoever, commits extortion shall be punished \r\nwith imprisonment of either description for a term which may extend to three years, \r\nor with fine, or with both. \r\n385. Putting person in fear of injury in order to commit extortion.– Whoever, \r\nin order to the committing of extortion, puts any, person in fear, or attempts to put \r\nany person in fear, of any injury, 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\n386. Extortion by putting a person in fear of death or grievous hurt.– \r\nWhoever, commits extortion by putting any person in fear of death or of grievous hurt \r\nto that person to any other, shall be punished with imprisonment of either description \r\nfor a term which may extend to ten years and shall also be liable to fine. \r\n387. Putting person in fear of death or of grievous hurt, in order to commit \r\nextortion.– Whoever, in order to the committing of extortion, puts or attempts to put \r\nany person in fear of death or of grievous hurt to that person or to any Other, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine. \r\n388. Extortion by threat of accusation of an offence punishable with death or \r\nimprisonment for life, etc.– Whoever, commits extortion by putting any person in \r\nfear of an accusation against that person or any other, of having committed or \r\nattempted to commit any offence punishable with death, or with imprisonment for life, \r\nwith imprisonment for a term which may extend to ten years, or of having attempted \r\nto induce any other person to commit such offence, shall be punished with \r\nimprisonment 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 Sec.377 of \r\nthis Code, may be punished with imprisonment for life. \r\n389. Putting person in fear of accusation of offence, in order to commit \r\nextortion.– Whoever, in order to the committing of extortion, puts or attempts to put \r\nany person in fear of an accusation, against that person or any other, of having \r\ncommitted, or attempted to commit, commit an offence punishable with death or With \r\nimprisonment for life, or imprisonment for a term which may extend to ten years, \r\nshall be punished with 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 one \r\npunishable under Sec.377 of this Code, may be punished with 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 \r\ntheft, or in committing the theft, or in carrying away or attempting to carry away \r\nproperty obtained by the theft, the offence, for that end, voluntarily causes or \r\nattempts to cause to any person death or hurt, or wrongful restraint, or fear of instant \r\ndeath or of instant hurt or of instant wrongful restraint. \r\nWhen extortion is robbery.– Extortion is \"robbery\" if the offender, at the time \r\nof committing the extortion, is in the presence of the person put in fear, and commits \r\nthe extortion by putting that person in fear of instant death, of instant hurt, or of \r\ninstant wrongful restraint to that person, or to some other person, and by so putting \r\nin fear; induces the person so put in fear then and there to deliver up the thing \r\nextorted. \r\nExplanation.– The offender is said to be present if he is sufficiently near to put the \r\nother person in 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 \r\nclothes, without Z's consent. Here A has committed theft, and in order to the \r\ncommitting of that theft, has voluntarily caused wrongful restraint to Z. A has \r\ntherefore committed robbery; \r\n(b) A meets Z on the high road, shows a pistol, and demands Z's purse.2, \r\nin consequence, surrender 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 extortion in \r\nhis presence.\" A has therefore committed robbery. \r\n(c) A meets Z and Z's child on the high road. A takes the child, and \r\nthreatens to filing it down a precipice, unless Z delivers his purse.Z, in consequence, \r\ndelivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear \r\nof instant 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 \r\ngang, and will be put to death unless you send us ten thousand rupees\".This is \r\nextortion, punishable as such; but it is not robbery, unless Z is put in fear of the \r\ninstant death of his child. \r\n391. Dacoity.– When five or more persons conjointly commit or attempt to commit \r\na robbery, or where the whole number of persons conjointly committing or attempting \r\nto commit a robbery and persons present and aiding such commission or attempt, \r\namount to five or more, every person so committing, attempting or aiding is said to \r\ncommit \"dacoity\". \r\n392. Punishment for robbery.– Whoever, commits robbery shall be punished with \r\nrigorous imprisonment for a term which shall not be less than three years nor more \r\nthan ten years, and shall also be liable to fine ; and, if the robbery be committed on \r\nthe highway the imprisonment may be extended to fourteen years. \r\n393. Attempt to commit robbery.– Whoever, attempts to commit robbery shall be \r\npunished with rigorous imprisonment for a term, which may extend to seven years, \r\nand shall be liable to fine. \r\n394. Voluntarily causing hurt in committing robbery.– If any person, in \r\ncommitting or in attempting to commit robbery, voluntarily causes hurt, such person, \r\nand any other person jointly concerned in committing or attempting to commit such \r\nrobbery, shall be punished with imprisonment for life, or with rigorous imprisonment \r\nfor a term which shall not be less than four years nor more than ten years, and shall \r\nalso be liable to fine. \r\n395. Punishment for dacoity.– Whoever, commits dacoity shall be punished with \r\nimprisonment for life, or with rigorous imprisonment for a term which shall not be less \r\nthan four years nor more than ten years and shall also be liable to fine. \r\n396. Dacoity with murder.– If any one of five or more persons, who are conjointly \r\ncommitting dacoity, commits murder in so committing dacoity, everyone of those \r\npersons shall be punished with death, or imprisonment for life, or rigorous \r\nimprisonment for a term which 2[shall not be less than four years nor more than] ten \r\nyears, and shall also be liable to fine. \r\n397. Robbery or dacoity, with attempt to cause death or grievous hurt.– If, at \r\nthe time of committing robbery or dacoity, the offender uses any deadly weapon, or \r\ncauses grievous hurt to any person or attempts to cause death or grievous hurt to \r\nany person the imprisonment with which such offender shall be punished shall not be \r\nless than seven years. \r\n398. Attempt to commit robbery or dacoity when armed with deadly weapon.– \r\nIf, at the time of attempting to commit robbery or dacoity, the offender is armed with \r\nany deadly weapon, the imprisonment with which such offender shall be punished \r\nshall not be less than seven years. \r\n399. Making preparation to commit dacoity.– Whoever, makes any preparation \r\nfor committing dacoity, shall be punished with rigorous imprisonment for a term \r\nwhich may extend to ten years, and shall also be liable to fine. \r\n400. Punishment for belonging to gang of dacoits.– Whoever, at any time after \r\nthe passing of this Act, shall belong to a gang of persons associated for the purpose \r\nof habitually committing dacoity, shall be punished with imprisonment for life, or with \r\nrigorous imprisonment for a term which may extend to ten years, and shall also be \r\nliable to fine. \r\n401. Punishment for belonging to gang of thieve.– Whoever, at any time after \r\nthe passing of this Act, shall belong to any wandering or other gang of persons \r\nassociated for the purpose of habitually committing theft or robbery, and not being of \r\nthugs or dacoits, shall be punished with rigorous imprisonment for a term which may \r\nextend to seven years, and shall also be liable to fine. \r\n402. Assembling for purpose of committing dacoity.– Whoever, at any time \r\nafter the passing of this Act shall be one of five or more persons assembled for the \r\npurpose of committing dacoity, shall be punished with rigorous imprisonment for a \r\nterm which may extend to seven years, and shall also be liable to fine. \r\nOf Hijacking \r\n402-A. Hijacking.– Whoever, unlawful, by the use or show of force or by threats of \r\nany kind, seizes, or exercised control of, an aircraft is said to commit hijacking. \r\n402-B. Punishment for Hijacking.– Whoever, commits, or conspires or attempts' to \r\ncommit, or abets the commission of, hijacking shall be punished with death or \r\nimprisonment for life, and shall also be liable to forfeiture of property and fine. \r\n402-C. Punishment for harbouring hijacking, etc.– Whoever, knowingly harbours \r\nany person whom he knows or has reason to be a person who is about to commit or \r\nhas committed or abetted an offence of hijacking, or knowingly permits any such \r\npersons to meet or assemble in any place or premises in his possession or under his \r\ncontrol, shall be punished with death or imprisonment for life, and shall also be liable \r\nto fine.  \r\nSections 402-B &.402-C ins. by the Pakistan Penal Code (Second \r\nAmendment) Ordinance.XXX of 1981, Section 2. \r\nOf Criminal Misappropriation of Property \r\n403. Dishonest misappropriation of property.– Whoever, dishonestly \r\nmisappropriates or converts to his own use any ' movable property, shall be \r\npunished 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 tapes property belonging to Z out of Z's possession in good faith, \r\nbelieving, at the time when he takes it, that the property belongs to himself, A is not \r\nguilty of theft; but if A, after discovering his mistakes, dishonestly appropriates the \r\nproperty to 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, \r\nand takes away a book without Z's express consent- Mere, if A was under the \r\nimpression that he had Z's implied consent to take the book for the purpose of \r\nreading it, A has not committed theft But, if A afterwards sells the book for his own \r\nbenefit, he is guilty of 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 \r\npossession, Intending to use it. Here as A has a right to use the horse he does not \r\ndishonestly misappropriate it.But, if A sells the horse and appropriates the whole \r\nproceeds to his own use, he is guilty of an offence under this section. \r\nExplanation 1.– A dishonest misappropriation for a time only is a misappropriation \r\nwithin the meaning of this section. \r\nIllustration \r\nA finds a Government promissory-note belonging to Z, bearing a blank \r\nendorsement. A knowing that the note belongs to Z, pledges it with a banker as a \r\nsecurity for a loan, intending at a future time to restore it to Z A has committed an \r\noffence under this section. \r\nExplanation 2.– A person who finds property not in the possession of any other \r\nperson, and takes such property for the purpose of protecting it for, or of restoring it \r\nto, the owner, does not take or misappropriate it dishonestly, and is not guilty of an \r\noffence; but he is guilty of the offence above defined, if he appropriates it to his own \r\nuse, when he knows or has the means of discovering the owner, or before he has \r\nused reasonable means to discover and give notice to the owner and has kept the \r\nproperty a reasonable time to enable the owner to claim it. What are reasonable \r\nmeans or what is a reasonable time in such a case, is a question of fact. It is not \r\nnecessary that the finder should know who is the owner of the property, or that any \r\nparticular person is the owner of it, is sufficient if, at the time of appropriating it, he \r\ndoes not believe it to be his own property, or in good faith believes that the real \r\nowner cannot be found. \r\nIllustrations \r\n(a) A finds a rupee on the high-road, not knowing to whom the rupee \r\nbelongs. A picks up the rupees. Here A has not committed the offence defined in this \r\nsection. \r\n(b) A finds a letter on the road, containing a bank note. From the direction \r\nand contents of the letter he learns to whom the note belongs. He appropriates the \r\nnote. He is guilty of an offence under this section. \r\n(c) A finds a cheque payable to bearer. He can form no conjecture as to \r\nthe person who has lost the cheque. But the name of the person, who has drawn the \r\ncheque, appear, A knows that this person can direct him to the person on whose \r\nfavour the cheque was drawn. A appropriates the cheque without attempting to \r\ndiscover the owner. He 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 \r\nintention of restoring it to Z, but afterwards appropriates It to his own use, A has \r\ncommitted an offence under this section. \r\n404. Dishonest misappropriation of property possessed by deceased person \r\nat the time of his death.– Whoever, dishonestly misappropriates or converts to his \r\nown use properly, knowing that such property was in the possession of a deceased \r\nperson at the time of that person decease, and has not since been in the possession \r\nof any persons legally entitled to such possession, shad be punished with \r\nimprisonment of either description for a term which may extend to three years and \r\nshall also be liable to fine; and if the offender at the time of such person's decease \r\nwas employed by him as a clerk or servant, the imprisonment may extend to seven \r\nyears. \r\nIllustration \r\nZ dies in possession of furniture and money. His servant A, before the money \r\ncomes into the possession of any person entitled to such possession, dishonestly \r\nmisappropriates it. A has committed the offence defined in this section. \r\nOf Criminal Breach of Trust \r\n405. Criminal breach of trust.– Whoever, being in any manner entrusted with \r\nproperty, or with any dominion over property, dishonestly misappropriates or \r\nconverts to his own use that property, or dishonestly uses or disposes of that \r\nproperty, in violation of any direction of law prescribing the mode in which such trust \r\nis to be discharged, or of any legal contract, express or implied, which he has made \r\ntouching the discharge of such trust, or wilfully suffers any other person so to do, \r\ncommits \"criminal breach of trust. \r\nIllustrations \r\n(a) A, being executor to the wilt of a deceased person, dishonestly \r\ndisobeys the law which directs him to divide the effects according to the will, and \r\nappropriates them to his own use. A has committed criminal breach of trust. \r\n(b) A is a warehouse-keeper, Z going on a journey entrusts his furniture to \r\nA, under a contract that it shall be returned on payment of a stipulated sum for \r\nwarehouse-room. A dishonestly sells the goods. A has committed criminal breach of \r\ntrust. \r\n(c) A, residing in Dacca, is agent for Z, residing at Lahore. There is an \r\nexpress or implied contract between A and Z, that all sums remitted by Z to A shall \r\nbe invested by A, according to Z's direction. Z remits a lakh of rupees to A, with \r\ndirections to A to invest the same in Company's paper. A dishonestly disobeys the \r\ndirections and employs the money in his own business. A has committed criminal \r\nbreach of trust. \r\n(d) But if A, in the last illustration, not dishonestly but in good faith, \r\nbelieving that It will be more for Z's advantage, to hold shares in the Bank of Bengal \r\ndisobeys Z's directions and buys shares in the Bank of Bengal for Z, instead of \r\nbuying Company's paper, here, though Z should suffer loss, and should be entitled to \r\nbring a civil action against A, on account of that loss, yet A not having acted \r\ndishonestly, has not committed criminal breach of trust. \r\n(e) A, a Revenue-Officer, is entrusted with public money and is either \r\ndirected by law, or bound by a contract, express or implied, with the Government, to \r\npay into a certain treasury all the public money which he holds. A dishonestly \r\nappropriates the money. A has committed criminal breach of trust. \r\n(f) A, a carrier, is entrusted by Z with property to be carried by land or by \r\nwater. A dishonestly misappropriates the property. A has committed criminal breach \r\nof trust. \r\n406. Punishment for criminal breach of trust.– Whoever, commits criminal \r\nbreach of trust snail be punished with imprisonment of either description for a term \r\nwhich may extend to seven years, or with fine, or with both. \r\n407. Criminal breach of trust by carrier, etc.– Whoever, being entrusted with \r\nproperty as a carrier, wharfinger or warehouse-Keeper, commits criminal breach of \r\ntrust in respect of such property, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\n408. Criminal breach of trust by clerk or servant.– Whoever, being a clerk or \r\nservant or employed as a clerk or servant, and being in any manner entrusted in \r\nsuch capacity with property, or with any dominion over property, commits criminal \r\nbreach of trust in respect of that property, shall be punished with imprisonment of \r\neither description for a term which may extend to seven years, and shall also be \r\nliable to fine. \r\n409. Criminal breach of trust by public servant, or by banker, merchant or \r\nagent.– Whoever, being in any manner entrusted with property, or with any dominion \r\nover property in his capacity of a public servant or in the way of his business as a \r\nbanker, merchant, factor, broker, attorney or agent, commits criminal breach of trust \r\nin respect of that property, shall be punished with imprisonment for life or with \r\nimprisonment of either description for a term which may extend to ten years, and \r\nshall also be liable to fine. \r\nOf Receiving of Stolen Property \r\n410. Stolen property.– Property, the possession whereof has been transferred by \r\ntheft, or by extortion, or by robbery, and property which has been criminally \r\nmisappropriated or in respect of which criminal breach of trust has been committed, \r\nis designated as stolen, property, \"whether the transfer has been made, or the \r\nmisappropriation or breach of trust has been committed, within or without Pakistan. \r\nBut, 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 \r\nretains, any stolen property, knowing or having reason to believe the same to be \r\nstolen property, shall be punished with imprisonment of either description for a term \r\nwhich may extend to three years, or with fine, or with both. \r\n412. Dishonestly receiving stolen property in the commission of a dacoity.– \r\nWhoever, dishonestly receives or retains any stolen property, the possession \r\nwhereof he knows or has reason to believe to have been transferred by the \r\ncommission of dacoity, or dishonestly receives from person, whom he knows or has \r\nreason to believe to belong or to have belonged to a gang of dacoits, property which \r\nhe knows or has reason to believe to have been stolen, shall be punished with \r\nimprisonment for life, or with rigorous imprisonment for a term which may extend to \r\nten years, and shall also be liable to fine. \r\n413. Habitually dealing in stolen property.– Whoever, habitually receives or \r\ndeals in property which he knows or has reason to believe to be stolen property, \r\nshall be punished with 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\n414. Assisting in concealment of stolen property.– Whoever, voluntarily assists \r\nin concealing or disposing of or making away with-property which he knows or has \r\nreason to believe to be stolen property, 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\nOf Cheating \r\n415. Cheating.– Whoever, by deceiving any person, fraudulently or dishonestly \r\ninduces the person so deceived to deliver any property to any person, or to consent \r\nthat any person shall retain any property, or intentionally induces the person so \r\ndeceived to do or omit to do anything which he would not do or omit if he were not so \r\ndeceived, and which act or omission causes or is likely to cause damage or harm to \r\nthat person 1 [or any other person] in body, mind, reputation or property, is said to \r\n\"cheat\". \r\nExplanation.– A dishonest concealment of facts is a deception within the meaning \r\nof this section. \r\nIllustrations \r\n(a) A, by falsely pretending to be in the Civil Service, intentionally deceives \r\nZ and thus dishonestly induces 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, \r\ninto a belief that this article was made by a certain celebrated manufacturer, and \r\nthus dishonestly 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 \r\nZ into believing 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 w a house with which A \r\nkeeps no 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 ft. A cheats. \r\n(e) A, by pledging as diamonds articles which ft knows are not diamonds, \r\nintentionally deceives Z, and thereby dishonestly induces Z to lend money, A cheats. \r\n(f) A, intentionally deceives Z, into a belief that A means to repay any \r\nmoney that 2 may lend to him and thereby dishonestly induces Z to lend him money; \r\nA not intending to repay it. A cheats. \r\n(g) A, intentionally deceives Z into a belief that A means to deliver to Z a \r\ncertain quantity of indigo plant which he does not intend to deliver, and thereby \r\ndishonestly induces Z to advance money upon the faith of such delivery. A cheats; \r\nbut (f A, at the time of obtaining the money. Intends to deliver the indigo plant, and \r\nafterwards breaks Ns contact and does not deliver ft, he does not cheat, but is liable \r\nonly 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 \r\na contract made with Z, which he has not performed and thereby dishonestly induces \r\nZ to pay money. A cheats. \r\n(f) A sells and conveys an estate to S. A, knowing that in consequence of \r\nsuch sale he 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\n416. Cheating by personation.– A person is said to \"cheat by personation\" if he \r\ncheats by pretending to be some other person, or by knowingly substituting one \r\nperson for another, or representing that he or any other person is a person other \r\nthan he or such other person really is. \r\nExplanation.– The offence is committed whether the individual personated is a real \r\nor imaginary person. \r\nIllustrations \r\n(a) A cheats by pretending to be a certain rich banker of the same name, A \r\ncheats by personation. \r\n(b) A cheats by pretending to be 8, a person who is deceased. A cheats by \r\npersonation. \r\n417. Punishment for cheating.– Whoever, cheats shall be punished with \r\nimprisonment of either description for a term, which may extend to one year, or with \r\nfine, or with both. \r\n418. Cheating with knowledge that wrongful loss may ensue to person whose \r\ninterest offender is bound to protect.– Whoever, cheats with the knowledge that \r\nhe is likely thereby to cause wrongful loss to a person whose interest in the \r\ntransaction to which the cheating relates, he was bound either by law, or by legal \r\ncontract, to protect 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\n419. Punishment for cheating by personation.– Whoever, cheats by \r\npersonation 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\n420. Cheating and dishonestly Inducing delivery of property.– Whoever, \r\ncheats and thereby dishonestly induces the person deceived to deliver any property \r\nto any person, or to make, alter or destroy the whole or any part of a valuable \r\nsecurity, or anything which is signed or sealed, and which is capable of being \r\nconverted into a valuable security, shall be punished with imprisonment, of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\nOf Fraudulent Deeds and Dispossession of Property \r\n421. Dishonest or fraudulent removal or concealment of property to prevent \r\ndistribution among creditors.– Whoever, dishonestly or fraudulently removes, \r\nconceals or delivers to any person, or transfers or causes to be transferred to any \r\nperson, without adequate consideration, any property, intending thereby to prevent, \r\nor knowing it to be likely that he will thereby prevent, the distribution of that property \r\naccording to law among his creditors or the creditors of any other .person, shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine or with both. \r\n422. Dishonestly or fraudulently preventing debt being available for \r\ncreditors.– Whoever, dishonestly or fraudulently prevents any debt or demand due \r\nto himself or to any other person from being made available according to law for \r\npayment of his debt or the debts of such other person shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with \r\nfine, or with both. \r\n423. Dishonest or fraudulent execution of deed of transfer containing false \r\nstatement of consideration.– Whoever, dishonestly or fraudulently signs, executes \r\nor becomes a party to any deed or instrument which purports to transfer or subject to \r\nany charge of any property, or any interest therein, and which contains any false \r\nstatement relating to the consideration for such transfer or charge, or relating to the \r\nperson 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 \r\nyears, or with fine, or with both. \r\n424. Dishonest or fraudulent removal or concealment of property.– Whoever, \r\ndishonestly or fraudulently conceals or removes any property of himself or any other \r\nperson, or dishonestly or fraudulently assists in the concealment or removal thereof, \r\nor dishonestly releases any demand or claim to which he is entitled, shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\nOf Mischief \r\n425. Mischief.– Whoever, with intent to cause, or knowing that he is likely to \r\ncause, wrongful loss or damage to the public or to any person, causes the \r\ndestruction of any property or any such change in any property or in the situation \r\nthereof as destroys or diminishes its value or utility, or affects it injuriously, commits \r\n\"mischief\". \r\nExplanation 1.– It is not essential to the offence of mischief that the offender should \r\nintend to cause loss or damage to the owner of the property injured or destroyed.It is \r\nsufficient ft he intends to cause, or knows that he is likely to cause, wrongful loss or \r\ndamage to any person by injuring any property, whether it belongs to that person or \r\nnot. \r\nExplanation 2.– Mischief may be committed by an act effecting property belonging \r\nto the person 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 \r\ncause wrongful loss to Z. A has committed mischief. \r\n(b) A introduces water into an ice-house, belonging to Z and thus causes \r\nthe ice to melt, 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 \r\nof thereby 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 \r\nto satisfy a debt due from him to Z, destroys those effects, with the intention of \r\nthereby preventing Z from obtaining satisfaction of the debt, and of thus causing \r\ndamage to Z. A has committed mischief. \r\n(e) A having insured a ship, voluntarily causes the same to be cast away \r\nwith the intention 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 \r\nZ, who has lent money on bottomry on the ship. A has commuted mischief. \r\n(g) A, having joint property with Z in a horse, shoots the horse, intending \r\nthereby to cause wrongful loss to Z. A has committed mischief. \r\n(h) A cause cattle to enter upon a field belonging to Z, intending to cause \r\nand knowing that he is likely to cause damage to Z's crop. A has committed mischief. \r\n426. Punishment for mischief.– Whoever, commits mischief shall be punished \r\nwith imprisonment of either description for a term which may extend to three months, \r\nor with fine, or with both. \r\n427. Mischief causing damage to the amount of fifty rupees.– Whoever, \r\ncommit mischief and thereby causes loss or damage to the amount of fifty rupees or \r\nupwards, shall be punished with imprisonment of either description for a term which \r\nmay extend to two years, or with fine, or with both. \r\n428. Mischief by killing or maiming animal of the value of ten rupees.– \r\nWhoever, commits mischief by killing, poisoning, maiming or rendering useless any \r\nanimal of the value of ten rupees or upwards, 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\n429. Mischief by killing or maiming cattle, etc., of any value or any animal of \r\nthe value of fifty rupees.– Whoever, commits Mischief by killing, poisoning, \r\nmaiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or \r\nox, whatever may be the value thereof, or any other animal of the value of fifty \r\nrupees or upwards, shall be punished with imprisonment of either description for a \r\nterm which may extend to five years, or with both. \r\n430. Mischief by injury to works of irrigation or by wrongfully diverting \r\nwater.– Whoever, commits mischief by doing any act which causes, or which he \r\nknows to be likely to cause, a diminution of the supply of water for agricultural \r\npurposes, or for food or drink for human beings or for animals which are property, or \r\nfor cleanliness or for carrying on any manufacture, shall be punished with \r\nimprisonment of either description for a term which may extend to five years, or with \r\nfine, or with both. \r\n431. Mischief by Injury to public road, bridge, river or channel.– Whoever, \r\ncommits mischief by doing any act which renders or which he knows to be likely to \r\nrender any public road, bridge, navigable river or navigable channel, natural or \r\nartificial, impassable or less safe for travelling or conveying property, shall be \r\npunished with imprisonment of either description for a term which may extend to five \r\nyears, or with fine, or with both. \r\n432. Mischief by causing inundation or obstruction to public drainage \r\nattended with damage.– Whoever, commits mischief by doing any act which \r\ncauses or which he knows to be likely to cause an inundation or an obstruction to \r\nany public drainage attended with injury or damage, shall be punished with \r\nimprisonment 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 light-house or \r\nsea-mark.– Whoever, commits mischief by destroying or moving any light-house or \r\nother light used as a sea-mark, or any sea-mark or buoy or other thing placed as a \r\nguide for navigators, or by any act which renders any such light-house, sea-mark, \r\nbuoy or other such thing as aforesaid jess useful as a guide for navigators, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, or with fine, or with both. \r\n434. Mischief by destroying or moving, etc., a landmark fixed by public \r\nauthority.– Whoever, commits mischief by destroying or moving any landmark fixed \r\nby the authority of a public servant, or by any act which renders such landmark less \r\nuseful as such, 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\n435. Mischief by fire or explosive substance with intent to cause damage to \r\namount of one hundred rupees or (in case of agricultural produce) ten \r\nrupees.– Whoever, commits mischief by fire or any explosive substance, intending \r\nto cause, or knowing it to be likely that he will thereby cause damage to any property \r\nto the amount of one hundred rupees or upwards or (where the property is \r\nagricultural produce) ten rupees or upwards shall be punished with \r\nimprisonment of either description for a term which shall not be less than two years \r\nnor more than] seven years, and shall also be liable to fine. \r\n436. Mischief by fire or explosive substance with intent to destroy house, \r\netc.– Whoever, commits mischief by fire or any explosive substance, intending to \r\ncause, or knowing it to be likely that he with thereby cause, the destruction of any \r\nbuilding which is ordinarily used as a place of worship or as a human dwelling or as \r\na place for the custody of property shall be punished with imprisonment for life, or \r\nwith imprisonment of either description for a term which shall 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 \r\ntwenty tons burden.– Whoever, commits mischief, to any decked vessel or any \r\nvessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, \r\nor knowing ft to be likely that he will thereby destroy or render unsafe, that vessel, \r\nshall 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\n438. Punishment for the mischief described in Section 437 committed by fire \r\nor explosive substance.– Whoever, commits, or attempts to commit, by fire or any \r\nexplosive substance, such mischief as is described in the last preceding section, \r\nshall be punished with 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\n439. Punishment for intentionally running vessel aground or ashore with \r\nIntent to commit theft, etc.– Whoever, intentionally runs any vessel aground or \r\nashore, intending to commit theft of any property contained therein or to' dishonestly \r\nmisappropriate any such property, or with intent that such theft or misappropriation of \r\nproperty may be committed, shall be punished with imprisonment of either \r\ndescription for a term which may extend to ten years, and shall also be liable to fine. \r\n440. Mischief committed after preparation made for causing death or hurt.– \r\nWhoever, commits mischief, having made preparation for causing to any person \r\ndeath, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful \r\nrestraint 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\nOf Criminal Trespass \r\n441. Criminal trespass.– Whoever, enters into or upon property in the possession \r\nof another with intent to commit an offence or to intimidate, insult or annoy any \r\nperson in possession of such property, or, having lawfully entered into or upon such \r\nproperty, unlawfully remains there with intent thereby to intimidate, insult or annoy \r\nany such person, or with intent to commit an offence, is said to commit \"criminal \r\ntrespass\". \r\n442. House-trespass.– Whoever, commits criminal trespass by entering into or \r\nremaining in any building, tent or vessel used as a human dwelling or any building \r\nused as a place for worship, or as a place for the custody of property, is said to \r\ncommit \"house-trespass\". \r\nExplanation.– The introduction of any part of the criminal trespasser's body is \r\nentering sufficient to constitute house trespass. \r\n443. Lurking house-trespass.– Whoever, commits house-trespass having taken \r\nprecautions to conceal such house-trespass from some person who has a right to \r\nexclude or eject the trespasser from the building, tent or vessel which is the subject \r\nof the trespass, is said to commit \"lurking house- trespass\". \r\n444. Lurking house-trespass by night.– Whoever, commits lurking house-\r\ntrespass after sunset and before sunrise, is said to commit 'lurking house-trespass \r\nby night\". \r\n445. House-breaking.– A person is said to commit \"house-breaking\" who commits \r\nhouse-trespass if he effects his entrance into the house or-any part of it in any of the \r\nsix ways hereinafter described; or if, being in the house or any part of it for the \r\npurpose of committing an offence, or, having committed an offence therein, he quits \r\nthe house or any part of it in any of such six ways, that is to say.–\" \r\nFirst.–  If he enters or quits through a passage made by himself, or by any \r\nabettor of the house-trespass, in order to the committing of the \r\nhouse-trespass. \r\nSecondly.–  If he enters or quits through any passage not intended by any \r\nperson, other than himself or an abettor of the offence, for human \r\nentrance; or through any passage to which he has obtained \r\naccess by scaling or climbing over any wall or building. \r\nThirdly.–  If he enters or quits through any passage which he or any abettor \r\nof the house-trespass has opened, in order to the committing of \r\nthe house-trespass by any means by which that passage was not \r\nintended 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 \r\nof the house-trespass, or in order to the quitting of the house after \r\na house-trespass. \r\nFifthly.–  if he effects his entrance or departure by using criminal force of \r\ncommitting an assault, or by threatening any person with assault. \r\nSixthly.– he enters or quits any passage which he knows to have been \r\nfastened against such entrance or departure, and to have been \r\nfastened by himself or by an abettor of the house-trespass. \r\nExplanation.– Any out-house or building occupied with a house, and between, \r\nwhich and such house there is an immediate internal communication, is part of the \r\nhouse within the meaning of this section. \r\nIllustrations \r\n(a) A commits house-trespass by making a hole through the wall of Z's \r\nhouse, and putting his hand through the aperture. This is house breaking. \r\n(b) A commits house-trespass by creeping into a ship at a port hole \r\nbetween decks. This is house breaking. \r\n(c) A commits house-trespass by entering Z's house through a window. \r\nThis is house-breaking. \r\n(d) A commits house-trespass by entering Z's house through the door, \r\nhaving opened a door, which was fastened. This is house-breaking. \r\n(e) A commits house-trespass by entering Z's house through the door \r\nhaving lifted a latch by putting a wire through a hole in the door. This is house-\r\nbreaking. \r\n(f) A finds the key of Z's house door, which Z had lost, and commits \r\nhouse-trespass by entering Z's house, having opened the door with that key. This is \r\nhouse breaking. \r\n(g) Z is standing in his doorway. A forces a passage by knowing Z down, \r\nand commits house-trespass by entering the house. This is house breaking. \r\n(h) Z, the door-keeper of Y is standing in Y's doorway. A commits house-\r\ntrespass by entering the house, having deterred Z from opposing him by threatening \r\nto beat him. This is house-breaking. \r\n446. House-breaking by night.– Whoever, commits house-breaking after sunset \r\nand before sunrise, is said to commit \"house-breaking by night.\" \r\n447. Punishment for criminal trespass.– Whoever, commits criminal trespass \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to three months, or with fine which may extend to five hundred rupees, or \r\nwith both. \r\n448. Punishment for house-trespass.– Whoever, commits house-trespass shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\none year, or with fine which may extend to one thousand rupees, or with both. \r\n449. House-trespass in order to commit offence punishable with death.– \r\nWhoever, commits house-trespass in order to the committing of any offence \r\npunishable with death, shall be punished with imprisonment for life, or with rigorous \r\nimprisonment for a term not exceeding ten years, and shall also be liable to fine. \r\n450. House-trespass In order to commit offence punishable with \r\nimprisonment for life.– Whoever, commits house-trespass in order to the \r\ncommitting of any offence punishable with imprisonment for life, shall be punished \r\nwith imprisonment of either description for a term not exceeding ten years, and shall \r\nalso be liable to fine. \r\n451. House-trespass in order to commit offence punishable with \r\nimprisonment.– Whoever, commits house trespass in order to the committing of \r\nany offence punishable with imprisonment, shall be punished with imprisonment of \r\neither description for a term which may extend to two years, and shall also be liable \r\nto fine; and if the offence intended to be committed is theft, the term of the \r\nimprisonment may be extended to seven years. \r\n452. House-trespass after preparation for hurt, assault or wrongful restraint.– \r\nWhoever, commits house-trespass having made preparation for causing hurt to any \r\nperson or for assaulting any person, or for wrongfully restraining any person, or for \r\nputting 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 \r\nseven years, and shall also be liable to tine. \r\n453. Punishment for lurking house-trespass or house-breaking.– Whoever, \r\ncommits lurking house-trespass or house-breaking, shall be punished with \r\nimprisonment of either description for a term which may extend to two years, and \r\nshall also be liable to fine. \r\n454. Lurking house trespass or house-breaking in order to commit offence \r\npunishable with Imprisonment.– Whoever, commits lurking house-trespass or \r\nhouse-breaking, in order to the committing of any offence punishable with \r\nimprisonment, 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, and if the offence \r\nintended to be committed is theft, the term of the imprisonment may be extended to \r\nten years. \r\n455. Lurking house-trespass or house-breaking after preparation for hurt, \r\nassault or wrongful restraint.– Whoever, commits lurking house-trespass, or \r\nhouse-breaking, having made preparation for causing hurt to any person, or for \r\nassaulting any person, or for wrongfully restraining any person, or for putting any \r\nperson in fear of hurt or of assault or of wrongful restraint, shall be punished with \r\nimprisonment of either description for a term which may extend to ten years, and \r\nshall also be liable to fine. \r\n456. Punishment for lurking house-trespass or house-breaking by night.– \r\nWhoever, commits lurking house-trespass by night or house-breaking by night, shall \r\nbe punished with imprisonment of either description for a term which may extend to \r\nthree years, and shall also be liable to fine. \r\n457. Lurking house-trespass or house-breaking by night in order to Commit \r\noffence punishable with imprisonment.– Whoever, commits lurking house-\r\ntrespass by night, or house-breaking by night, in order to the committing of any \r\noffence punishable with imprisonment, shall be punished with imprisonment of either \r\ndescription for a term which may extend to five years, and shall also be liable to fine; \r\nand, if the offence intended to be committed is theft, the term of the imprisonment \r\nmay be extended to fourteen years. \r\n456. Lurking house-trespass or house-breaking by night after preparation for \r\nhurt, assault or wrongful restraint.– Whoever, commits lurking house-trespass by \r\nnight or house-breaking by night, having made preparation for causing hurt to any \r\nperson, or for assaulting any person, or for wrongfully restraining any person, or for \r\nputting 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 \r\nfourteen years, and shall also be liable to fine. \r\n457. Lurking house-trespass or house-breaking by night in order to commit \r\noffence punishable with imprisonment.– Whoever, commits lurking house-\r\ntrespass by night, or house-breaking by night, in order to the committing of any \r\noffence punishable with imprisonment, shall be punished with imprisonment of either \r\ndescription for a term which may extend to five years, and shall also be liable to fine; \r\nand, if the offence intended to be committed is theft, the term of the imprisonment \r\nmay be extended to fourteen years. \r\n458. Lurking house-trespass or house-breaking by night after preparation for \r\nhurt, assault or wrongful restraint.– Whoever, commits lurking house-trespass by \r\nnight or house-breaking by night, having made preparation for causing hurt to any \r\nperson, or for assaulting any person, or for wrongfully restraining any person, or for \r\nputting 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 \r\nfourteen years, and shall also be liable to fine. \r\n459. Hurt caused whilst committing lurking house trespass or house-\r\nbreaking.– Whoever, whilst committing lurking house-trespass or house-breaking, \r\ncauses hurt to any person or attempts to commit oaf/ of, or hurt to, any person shall \r\nbe punished with imprisonment for life, or imprisonment of either description for a \r\nterm which may extend to ten years, and shall also be liable to the same punishment \r\nfor committing qatl or causing hurt or attempting to cause qatl or hurt as is specified \r\nin Chapter XVI of this Code. \r\n460. Persons jointly concerned in lurking house-trespass or house-breaking \r\nby night punishable for qatl or hurt caused by one of them.– If, at the time of the \r\ncommitting of lurking house-trespass by night or house-breaking by night, any \r\nperson guilty of such offence shall voluntarily cause or attempt to commit qatl of, or \r\nhurt to, any person, every person jointly concerned in committing such lurking house-\r\ntrespass by night or house-breaking by night, shall be punished with imprisonment \r\nfor life or with imprisonment of either description for a term which may extend to ten \r\nyears and shall also be liable to the same punishment for committing qatl or causing \r\nhurt or attempting to cause qatl or hurt as is specified in Chapter XVI of this Code]. \r\nSecs.459 & 460 subs. by the Criminal Law (Amendment) Act, II of 1997 \r\n461. Dishonestly breaking open receptacle containing property.– Whoever, \r\ndishonestly or with intent to commit mischief breaks open or unfastens and closed \r\nreceptacle which contains or which, he believes to contain property, shall be \r\npunished with imprisonment or either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\n462. Punishment for same offence when committed by person entrusted with \r\ncustody.– Whoever, being entrusted with any dosed receptacle which contains or \r\nwhich he believes to contain property, without having authority to open the same, \r\ndishonestly, or with intent to commit mischief, breaks open or unfastens that \r\nreceptacle, shall be punished with imprisonment of either description for a term \r\nwhich may extend to three-years, or with fine, or with both. \r\nCHAPTER XVIII \r\nOF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY \r\nMARKS \r\n463. Forgery.– Whoever, makes any false document or part of a document, with \r\nintent to cause damage or injury, to the public or to any person, or to support any \r\nclaim or title, or to cause any person to part with property, or to enter into any \r\nexpress or implied contract, or with intent to commit fraud or that fraud may be \r\ncommitted, commits forgery. \r\n464. Making a false document.– A person is said to make a false document. \r\nFirst.–  Who dishonestly or fraudulently makes, signs, seals or executes a \r\ndocument or part of a document, or makes any mark denoting the \r\nexecution of a document, with the intention of causing it to be \r\nbelieved that such document or part of a document was made, \r\nsigned, sealed or executed by the authority of a person by whom \r\nor by whose authority he knows that it was not made, signed, \r\nsealed or executed, or at a time at which he knows that it was not \r\nmade, signed, seated or executed; or \r\nSecondly.–  Who, without lawful authority, dishonesty or fraudulently, by \r\ncancellation or otherwise, alters a document in any material part \r\nthereof, after it has been made \"or executed either by himself or by \r\nany other person, whether such person be living or dead at the \r\ntime of such alteration; or \r\nThirdly.–   Who dishonestly or fraudulently causes any person to sign, seal, \r\nexecute or later a document, knowing that such person by reason of \r\nunsoundness of mind or intoxication cannot, or that. by reason of \r\ndeception practised upon him, he does not know the contents of the \r\ndocument or the nature of the alteration. \r\nIllustrations \r\n(a) A has a letter of credit upon B for rupees 10,QOO, written by Z. A, in \r\norder to defraud E, adds a cipher to the 10,000 and makes the sum 10,000, \r\nintending that it may be believed by 5 that Z so wrote .the letter, A has committed \r\nforgery. \r\n(b) A, without Z's authority, affixes Z's seat to a document purporting to be \r\na conveyance of an estate from Z to A, with the intention of selling the estate to 6 \r\nand thereby of obtaining from B the purchase-money. A has committed forgery. \r\n(c) A picks up a cheque on a banker signed by B, payable to bearer, but \r\nwithout any sum having been inserted in the cheque. A fraudulently tills up the \r\ncheque by inserting the sum of ten thousand rupees. A commits forgery, \r\n(d) A leaves with B, his agent, a- cheque on a banker, signed by A, without \r\ninserting the sum payable and authorises B to fill up the cheque by inserting a sum \r\nnot exceeding 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.B \r\ncommits forgery. \r\n(e) A draws a bill of exchange on himself in the name of B without B's \r\nauthority, intending to discount it as. A genuine bill with a banker and intending to \r\ntake up the 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 \r\nbe equally divided between A, B and C.\" A dishonestly scratches out B's name, \r\nintending that 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 \r\nor his order 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 \r\nof his estate' executes a conveyance of the same estate to B, dated six months \r\nearlier than 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 dictate his will to A. A intentionally writes down a different legatee \r\nfrom the legatee named by Z, and by representing to Z, that he has prepared th6 will \r\naccording to his instructions, Induces Z to sign the will. A has committed forgery. \r\n(j) A writes a- fetter and signs it with B's name without B's authority, \r\ncertifying that A is a man of good character and distressed circumstances from \r\nunforeseen misfortune, intending by means of such letter to obtain aims from Z and \r\nother persons. Mere, as A made 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 \r\nto A's character, Intending thereby to obtain employment under Z. A has committed \r\nforgery inasmuch as he intended to deceive Z by the forged certificate, and thereby \r\nto 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 \r\nbelieved that the bill was drawn by another person of the same name. A has \r\ncommitted forgery. \r\n(b) A writes the word \"accepted\" on a piece of paper and sings it with Z's \r\nname, in order that 8 may afterwards write on the paper a bill of exchange drawn by \r\nB upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of \r\nforgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s \r\nintention, B is also guilty of forgery. \r\n(c) A picks up a bill of exchange payable to the order of a different person \r\nof the same 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 A \r\nhas committed forgery. \r\n(d) A purchases an estate sold under execution of a decree against B. B \r\nafter these izure of the estate, in collusion With Z, executes a lease of the estate to Z \r\nat a nominal rent and for a long period and 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 was \r\ngranted before the seizure. So, 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 \r\nbenefit, and 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 that 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 the \r\nfirst head of the definition. \r\nExplanation 2.– The making of a false document in the name of a fictitious person, \r\nintending it to be believed that the document was made by a real person, or in the \r\nname of a deceased person, intending it to be believed that the document was made \r\nby the person in his lifetime, may amount to forgery. \r\nIllustration \r\nA draws a bill of exchange upon a fictitious person, and fraudulently accepts \r\nthe bill in the name of such fictitious person with intent to negotiate it. A commits \r\nforgery. \r\n465. Punishment for forgery.– Whoever, commits forgery shall be punished with \r\nimprisonment of either description for a term, which may extend to two years, or with \r\nfine, or with both. \r\n466. Forgery or record of Court or of public register, etc.– Whoever, forges a \r\ndocument, purporting to be a record or proceeding of or in a Court of Justice, or a \r\nregister of birth, baptism, marriage or burial or a register kept by a public servant as \r\nsuch, or a certificate or document purporting to be made by public servant in his \r\nofficial capacity, or an authority to institute or defend a suit, or to take any \r\nproceedings therein or to confess Judgment, or a power-of-attorney, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, and shall also be liable to fine. \r\n467. Forgery of valuable security, will, etc.– Whoever, forges a document which \r\npurports to be a valuable security, or a will, or an authority to adopt a son, or which \r\npurports to give authority to any person to make or transfer any valuable security, or \r\nto receive the principal, interest or dividends thereon, or to receive or deliver any \r\nmoney, movable property, or valuable security, or any document purporting to be as \r\nacquaintance or receipt acknowledging the payment of money, or an acquaintance \r\nor receipt for the delivery of any movable property or valuable security, shall be \r\npunished with imprisonment for life, or with imprisonment of either description for a \r\nterm which may extend to ten years, and shall also be liable to fine. \r\n468. Forgery for purpose of cheating.– Whoever, commits forgery, intending \r\nthat, the document forged shall be used for the purpose of cheating, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, and shaft also be liable to fine. \r\n469. Forgery for purpose of harming reputation.– Whoever, commits forgery, \r\nintending that the document forged shall harm the reputation of any party, or \r\nknowing that it is likely to be used for that purpose, shall be punished with \r\nimprisonment of either description for a term which may extend to three years, and \r\nshall also be liable to fine. \r\n470. Forged document.– A false document made wholly or in part by forgery is \r\ndesignated \"a forged document\". \r\n471. Using as genuine a forged document.– Whoever, fraudulently or \r\ndishonestly uses as genuine any document which he knows or has reason to believe \r\nto be a forged document, shall be punished in the same manner as if he had forged \r\nsuch document. \r\n472. Making or possessing counterfeit seal, etc., with intent to commit \r\nforgery punishable under Section 467.– Whoever, makes or counterfeits any seal, \r\nplate or other instrument for making an impression, intending that the same shall be \r\nused for the purpose of committing any forgery which would be punishable under \r\nSection 467 of this Code, or with such intent, has in his possession any such seal, \r\nplate or other instrument, knowing the same to be counterfeit, shall be punishable \r\nwith imprisonment for life, or with imprisonment of either description for a term which \r\nmay extend to seven years, and shall also be liable to fine. \r\n473. Making or possessing counterfeit seal, etc., with intent to commit \r\nforgery punishable otherwise.– Whoever, makes or counterfeits any seal, plate or \r\nother instrument for making an impression, intending that the same shall be used for \r\nthe purpose of committing any forgery which would be punishable under any section \r\nof this chapter other than Section 467, or such intent, has in his possession any such \r\nseal, 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 \r\nseven years, and shall also be liable to fine. \r\n474. Having possession of document described in Section 466 or 467 \r\nknowing it to be forged and intending to use it as genuine.– Whoever, has in his \r\npossession any document knowing the same to be forger and intending that the \r\nsame shall fraudulently or dishonestly be used as genuine, shall, if the document is \r\none of the description mentioned in Section 466 of this Code, be-punished with \r\nimprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine and if the document is one of the description mentioned in \r\nSection 467; shall be punished with imprisonment for life, or with imprisonment of \r\neither description, for a term which may extend to seven years, and shall also be \r\nliable to fine, \r\n475. Counterfeiting device or mark used for authenticating documents \r\ndescribed in Section 467, or possessing counterfeit marked material.– \r\nWhoever, counterfeits upon, or in the substance of, any material, any device or mark \r\nused for the purpose of authenticating any document described in .'Section 467 of \r\nthis Code, intending that such device or mark shall be used for the purpose of giving \r\nthe appearance of authenticity to any document then forged or thereafter to be \r\nforged on such material, or who, with such intent, has in his possession any material \r\nupon or in the substance of which any such device or mark has been counterfeit, \r\nshall be punished with imprisonment for fife, or with imprisonment of either \r\ndescription, for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\n476. Counterfeiting device or mark used for authenticating documents other \r\nthan those described in Section 467, or possessing counterfeit marked \r\nmaterial.– Whoever, counterfeits upon, or in the substance of, any material, any \r\ndevice or mark used for the purpose of authenticating any document other than the \r\ndocuments described in Section 467 of this Code, Intending that device or mark shall \r\nbe 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 \r\nin his possession any material upon or in the substance of which any such device or \r\nmark has been counterfeited, shall be punished with imprisonment of either \r\ndescription for a term which may extend to seven years, and shall also be liable to \r\nfine. \r\n477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or \r\nvaluable security.– Whoever, fraudulently or dishonestly, or with intent to cause \r\ndamage or injury to the public or to any person, cancels, destroys or defaces or \r\nattempts to cancel, destroy or deface or secretes or attempts to secrete any \r\ndocument which is or purports to be a will, or an authority to adopt a son, or any \r\nvaluable security, or commits mischief in respect to such document, shall be \r\npunished with imprisonment for life or with imprisonment of either description- for a \r\nterm-which may extend to seven years, and shall also be liable to fine. \r\n477-A.Falsification of accounts.– Whoever, being a clerk, officer or servant, or \r\nemployed or acting in the capacity of a clerk, officer or servant, wilfully, and with \r\nintent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, \r\nvaluable security or account which belongs to or is in the possession of his \r\nemployer, or has been received by him for or on behalf of his employer, or wilfully, \r\nand with intent to defraud, makes or abets the making of any false entry in, or omits \r\nor alters or abets the omission or alteration of any material particular form or in, any \r\nsuch book, paper, writing valuable security or account, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, or \r\nwith fine, or with both. \r\nExplanation.– It shall be sufficient in any charge under this section to allege a \r\ngeneral intention to defraud without naming any particular person intended to be \r\ndefrauded or specifying any particular sum of money intended to be the subject of \r\nthe fraud, or any particular day on which the offence was committed \r\nSection 477-A ins, by the Criminal Law (Amendment) Act, IIl of 1895. \r\nOf Trade, Property and Other Marks \r\n478. Trade mark.– A mark used for denoting that goods are the manufacture or \r\nmerchandise of a particular person is called a trade mark, and for the purposes of \r\nthis Code the expression \"trade mark\" includes any trademark which is registered in \r\nthe register of trademarks kept under the Trade Marks Act, 1940 (V of 1940). \r\nSec.478 subs. by the Federal Laws (Revision and Declaration) Ordinance, XXVII of \r\n1981. \r\n479. Property, mark.– A mark used for denoting that movable property belongs to \r\na particular person is called a property mark. \r\n480. Using a false trade mark.– Whoever, marks any goods or any case, \r\npackages or other receptacle containing goods, or uses any case, package or other \r\nreceptacle with any mark thereon, in a manner reasonably calculated to cause it to \r\nbe believed that the goods so marked/or any goods contained in any such receptacle \r\nso marked, are the manufacture or merchandise of a person whose manufacture or \r\nmerchandise they are not, is said to use a false trade mark. \r\n481. Using a false property mark.– Whoever, marks any movable property or \r\ngoods or any case, package or other receptacle containing movable property or \r\ngoods, or uses any case package or other receptacle having any mark thereon, in a \r\nmanner reasonably calculated to cause it to be believed that the property or goods \r\nso marked, or any property or goods contained in any such receptacle so marked, \r\nbelong 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, \r\nuses any false trade mark or any false property mark shall, unless he proves that he \r\nacted without intent to defraud, be punished with imprisonment of either description \r\nfor a term which may extend to one year, or with fine, or with both. \r\n483. Counterfeiting a trademark or property mark used by another.– Whoever, \r\ncounterfeits any trade mark or property mark used by any other person shall be \r\npunished with imprisonment of either description for a term which may extend to two \r\nyears, or with fine, or with both. \r\n484. Counterfeiting a mark used by a public servant.– Whoever, counterfeits \r\nany property mark used by a public servant, or any mark used by a public servant to \r\ndenote that any property has been manufactured by a particular person or at a \r\nparticular time or place, or that the property is of a particular quality or has passed \r\nthrough a particular office, or that it is entitled to any exemption, or uses as genuine \r\nany 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 \r\nshall also be liable to fine. \r\n485. Making or possession of any instrument for counterfeiting a trade mark \r\nor property mark.– Whoever, makes or has in his possession any die, plate or other \r\ninstrument for the purpose of counterfeiting a trade mark or property mark, or has in \r\nhis possession a trade mark or property mark for the purpose of denoting that any \r\ngoods are the manufacture or merchandise of a person whose manufacture or \r\nmerchandise they are not, or that they belong to a person to whom they do not \r\nbelong, shall be punished with imprisonment of either description for a term which \r\nmay extend to three years, or with fine, or with both. \r\n486. Selling goods marked with a counterfeit trade mark or property mark.– \r\nWhoever, sells, or exposes, or has in possession for sale or any purpose of trade or \r\nmanufacture, any goods or thing with a counterfeit trade mark or property mark \r\naffixed to or impressed upon the same or to or upon any case, package or other \r\nreceptacle in which such goods are contained, shall, unless he proves. \r\n(a) that, having taken all reasonable precautions against committing an \r\noffence against this section, he had at the time of the commission of \r\nthe alleged offence no reason to suspect the genuineness of the mark \r\nand \r\n(b) that, on demand made by or on behalf of the prosecutor, he gave all \r\nthe information in his power with respect to the persons from whom he \r\nobtained such goods or things, or \r\n(c) that otherwise he had acted innocently, be punished with imprisonment \r\nof either description for a term which may extend to one year, or with \r\nfine.or with both. \r\n487. Making a false mark upon any receptacle containing goods.– Whoever, \r\nmakes any false mark upon any case, package or other receptacle containing goods, \r\nin a manner reasonably calculated to cause any public servant or any other person \r\nto believe that such receptacle contains goods which it does not contain or that it \r\ndoes not contain goods which it does contain, or that the goods contained in such \r\nreceptacle are of a nature or quality different from the real nature or quality thereof, \r\nshall, unless he proves that he acted without intent to defraud, be punished with \r\nimprisonment of either description for a term which may extend to three years, or \r\nwith fine, or with both. \r\n488. Punishment for making use of any such false mark.– Whoever, makes \r\nuse of any such false mark in any manner prohibited by the last foregoing section \r\nshall, unless he proves that he acted without intent to defraud, be punished as if he \r\nhad committed an offence against that section. \r\n489. Tampering with property mark with intent to cause injury.– Whoever, \r\nremoves, destroys, defaces or adds to any property mark, intending or knowing it to \r\nbe likely that he may thereby cause injury to any person, shall be punished with \r\nimprisonment of either, description for a term which may extend to one year, or with \r\nfine or with both. \r\nOf Currency-Notes and Bank-Notes \r\n489-A. Counterfeiting currency-notes or bank-notes.– Whoever, counterfeits, or \r\nknowingly performs any part of the process of counterfeiting, any currency-note or \r\nbank-note, shall be punished with imprisonment for life, or with imprisonment of \r\neither description for a term which may extend to ten years, and shall also be liable \r\nto fine. \r\nExplanation.– For the purposes of this section and of Sections 489-B, 489-C and \r\n489-D, that expression \"bank-note\" means a promissory-note or engagement for the \r\npayment of money to bearer on demand issued by any person carrying on the \r\nbusiness of banking in any part of the world, or issued by or under the authority of \r\nany State or Sovereign Power, and intended to be used as equivalent to, or as a \r\nsubstitute for money. \r\nSection 489-A to 489-D ins.by the Currency-Notes Foreign Act, XII of 1899, S.2. \r\n489-B. Using as genuine, forged or counterfeit currency-notes or bank-notes.– \r\nWhoever, sells to, or buys or receives from, any other person, or otherwise traffics, in \r\nor uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or \r\nhaving reason to believe the same to be forged or counterfeit, shall be punished with \r\nimprisonment for life, or with imprisonment of either description for a term which may \r\nextend to ten years, and shall also be liable to fine. \r\n489-C. Possession of forged or counterfeit currency-notes or bank-notes.– \r\nWhoever, has in his possession any forged or counterfeit currency-note or bank-\r\nnote, knowing or having reason to believe the same to be forged or counterfeit and \r\nintending to use the same as genuine or that it may be used as genuine, shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nseven years, or with fine, or with both. \r\n489-D. Making or possessing instruments or materials for forging or \r\ncounterfeiting currency-notes or bank-notes.– Whoever, makes, or performs any \r\npart of the process of making, or buys or sells or disposes of, or has to his \r\npossession, any machinery, instrument or material for the purpose of being used, or \r\nknowing or having reason to believe that it is intended to be used, for forging or \r\ncounterfeiting any currency-note or bank-note, shall be punished with imprisonment \r\nfor life, or with imprisonment of either description for a term which may extend to ten \r\nyears, and shall also be liable to fine. \r\n489-E.  Making or using documents resembling currency-notes or bank-\r\nnotes.– (1) Whoever, makes, or causes to be made, or uses for any purposes \r\nwhatsoever, or delivers to any person, any document purporting to be, or in any way \r\nresembling or so nearly resembling, as to be calculated to device, any currency-note \r\nor bank-note 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(2) If any person, whose name appears on a document the making of \r\nwhich is an offence under sub-section (1), refuses, without lawful excuse, to disclose \r\nto a police-officer on being so required the name and address of the person by \r\nwhom it was printed or otherwise made, he 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\n(3) Where the name of any person appears on any document in respect of \r\nwhich any person is charged with an offence under sub-section (1) or on any other \r\ndocument used or distributed in connection with that document it may, until the \r\ncontrary is proved, be presumed that person caused the document to be made. \r\nSec.489-E ins by the Penal Code (Amendment) Act, VI of 1943.S.2. \r\n489-F.  Counterfeiting of using documents resembling National Prize Bonds or \r\nun-authorised sale thereof.– Whoever, counterfeits, or causes to counterfeit, or \r\nperform any act to use for any purpose whatsoever, or delivers to any person any \r\ndocument purporting to be, or in any manner resembling to the National Prize Bonds, \r\nor indulges in the business of sale or purchase of National Prize Bonds, or promotes \r\nsuch sale or purchase of National Prize Bonds, in contravention of the rules made for \r\nthe purpose, shall be punishable with imprisonment for a term which may extend to \r\nfive years, or with fine not exceeding one hundred thousand rupees, or with both. \r\nSec.489-F ins by Ordinance LXXII of 95 \r\n489-F.  Dishonestly issuing a cheque.– How ever dishonestly issues a cheque \r\ntowards repayment of a loan or fulfillment of an obligation which is dishonoured on \r\npresentation, shall be punished with imprisonment which may extend to three years \r\nor with fine, or with both, unless he can establish, for which the burden of proof shall \r\nrest on him, that he had made arrangements with his bank to ensure that the cheque \r\nwould be honoured and that the bank was at fault in not honouring the cheque. \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 \r\nWorkmen's Breach of Contract Repealed Act III of 1925), S.2 and Schedule]. \r\n491. Breach of contract to attend on any supply wants of helpless person.– \r\nWhoever, being bound by a lawful contract to attend on or to supply the wants of any \r\nperson who, byreason of youth; or of unsoundness of mind, or of a disease or bodily \r\nweakness, is helpless or incapable of providing for his own safety or of supplying his \r\nown wants, voluntarily omits so to do, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three months, or with fine which may \r\nextend to two hundred rupees, or with both. \r\n492. Breach of contract to serve at distant place to which servant is \r\nconveyed at masters expense.– [Rep. by the Workman's Breach of Contract \r\n(Repeating) Act, HI of 1925, Sec.2 and Schedule]. \r\nCHAPTER XX \r\nOF OFFENCES RELATING TO MARRIAGE \r\n493. Cohabitation caused by a man deceitfully inducing a belief of lawful \r\nmarriage.– [Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, VH \r\nof 1979, S.19]. \r\n494. Marrying again during lifetime of husband or wife.– Whoever, having a \r\nhusband or wife living, marries in any case in which, such marriage is void by reason \r\nof its taking place during the life of such husband or wife, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and \r\nshall also be liable to fine. \r\nException.– This Section does not extend to any person, whose marriage with \r\nsuch husband or wife 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 \r\nwife, if such husband or wife, at the time of the subsequent marriage, shall have \r\nbeen continually absent from such person for the space of seven years, and shall not \r\nhave been heard of by such person as being alive within that time provided the \r\nperson contracting such subsequent marriage shall, before such marriage takes \r\nplace, inform the person with whom such marriage is contracted of the real state of \r\nfacts so far as the same are within his or her knowledge. \r\n495. Same offence with concealment of former marriage from person with \r\nwhom subsequent marriage is contracted.– Whoever, commits the offence \r\ndefined in the last preceding section having concealed from the person with whom \r\nthe subsequent marriage is contracted, the fact of the former marriage, shall be \r\npunished with imprisonment of either description for a term which may extend to ten \r\nyears, and shall also be liable to fine. \r\n496. Marriage ceremony fraudulently gone through without lawful marriage.– \r\nWhoever, dishonestly or with a fraudulent intention, goes through the ceremony of \r\nbeing married, knowing that he is not thereby lawfully married, shall be punished with \r\nimprisonment of either description for a term which may extend to seven years, and \r\nshall be liable to fine. \r\n497.  Adultery.– [Rep. by the Offence of Zina (Enforcement of Hudood)\r\n Ordinance, VII of 1979, S.19]. \r\n498. Enticing or taking away or detaining with criminal intent a married \r\nwoman.– [Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, Vll of \r\n1979, S.19]. \r\nCHAPTER XXI \r\nOF DEFAMATION \r\n499. Defamation.– Whoever, by words either spoken or intended to be read, or by \r\nsigns or by visible representations, makes or publishes any imputation concerning \r\nany person intending to harm, or knowing or having reason to believe that such \r\nimputation will harm, the reputation of such person, is said except in the cases \r\nhereinafter excepted, to defame that.– \r\nProviso.– [Omitted by the Criminal Law (Amendment) Act JV of 1986.] \r\nExplanation 1.– It may amount to defamation to impute anything to a deceased \r\nperson, if the jmputator would harm the reputation of that person if living, and is \r\nintended to be hurtful to the feelings of his family or other near relatives. \r\nExplanation 2.– It may amount to defamation to make an imputation concerning a \r\ncompany or an association or collection of persons as such. \r\nExplanation 3.– An imputation in the form of an alternative or expressed ironically, \r\nmay amount to defamation. \r\nExplanation 4.– No imputation is said to harm a person's reputation, unless that \r\nimputation directly or indirectly, in the estimation of others, lowers the moral or \r\nintellectual character of that person, or lowers the character of that person in respect \r\nof his caste or of his calling or lowers the credit of that person, or causes it to be \r\nbelieved that the body of that person is in a loathsome state, or in a state generally \r\nconsidered a disgraceful. \r\nIllustration \r\n(a) A says.– Z is an honest man, he never state B's watch, intending to \r\ncause it to be believed that Z did steal 6's watch., This is defamation, unless it fall \r\nwithin one of the exceptions. \r\n(b) A is asked who stole B's watch. A points to Z, intending to cause it to \r\nbe believed that Z stole B's watch. This is defamation unless it falls within one of the \r\nexceptions. \r\n(c) A draws a picture of Z running away with B's watch, intending it to be \r\nbelieved that Z stole B's watch. This is defamation, unless it falls within one of the \r\nexceptions. \r\nFirst Exception-Imputation of truth which public good requires to be \r\nmade or published.– It is not defamation to impute anything which is true \r\nconcerning any person, if it be for the public good that the imputation should be \r\nmade or published. Whether or not it is for the public good is a question off act. \r\nSecond Exception on Public conduct of public servants.– It is not \r\ndefamation to express in good faith any opinion whatever respecting the conduct of a \r\npublic servant in the discharge of his public functions, or respecting his character, so \r\nfar as his character appears in that conduct, and no further. \r\nThird Exception-Conduct of any person touching any public question.–\r\nItisnot defamation to express in good faith any opinion whatever respecting the \r\nconduct of any person touching any public question, and respecting his character, so \r\nfar 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 \r\nrespecting Z's conduct in petitioning Government on a public question, in signing \r\nrequisition for a meeting on a public question, in presiding or attending as such \r\nmeeting, in forming or joining any society which invites the public support, in voting \r\nor canvassing for a particular candidate for any situation in the efficient discharge of \r\nthe duties of which the public is interested. \r\nFourth Exception Publication of reports of proceedings of Courts.– It is \r\nnot defamation to public a substantially true report of the proceedings of a Court of \r\nJustice, or of the result of any such proceedings. \r\nExplanation.– 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 \r\nsection. \r\nFifth Exception-Merits of case decided in Court or conduct of witnesses \r\nand other concerned.– It is not defamation to express in good faith any opinion \r\nwhatever respecting the merits of any case, civil or criminal, which has been decided \r\nby a Court of Justice, or respecting the conduct of any person as a party, witness or \r\nagent, in any such case, or respecting the character of such person, as far as his \r\ncharacter appears in that conduct, and not further. \r\nIllustration \r\n(a) A says.– \"I think Z's evidence on that trial is so contradictory that he \r\nmust be stupid or dishonest,\" A is within this exception if he says that in good faith, \r\ninasmuch as the opinion which he expresses respects Z's character as it appears in \r\nZ'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 ! \r\nknow him to be a man without veracity.\" A is not within this exception, inasmuch as \r\nthe opinion 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 \r\nexpress in good faith any opinion respecting the merits of any performance which its \r\nauthor has submitted to the judgment of the public, or respecting the character of the \r\nauthor so far as his character appears in such performance, and no further. \r\nExplanation.– A performance may be submitted to the judgment of the public \r\nexpressly or by acts on the part of the author, which imply such submission to the \r\njudgment of the public. \r\nIllustrations \r\n(a) A person who publishes a book, submits that book to the judgment of \r\nthe public. \r\n(b) A person who makes a speech in public, submits that speech to the \r\njudgment of the public, \r\n(c) An actor or singer who appears on a public stage, submits his acting or \r\nsinging to 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 \r\nman. Z'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 expresses \r\nof Z respects Z's character only so far as it appears in Z's book, and no further. \r\n(e) But if A says.– I am not surprised that Z's book is foolish and indecent, \r\nfor he is a 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 book. \r\nSeventh Exception -Censure passed in good faith by person having \r\nlawful authority over another.– It is not defamation in a person having over \r\nanother any authority, either conferred by law or arising out of a lawful contract made \r\nwith that other, to pass in good faith any censure on the conduct of that other in \r\nmatters 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 \r\nthe Court; a head of a department censuring in good faith those who are under this \r\norders; a parent censuring in good faith a child in the presence of other children; a \r\nschoolmaster, whose authority is derived from a parent, censuring in good faith a \r\npupil in service;' a banker censuring in good faith, the cashier of his bank for the \r\nconduct of such cashier as such cashier are within this exception. \r\nEight Exception-Accusation preferred in good faith to authorised \r\nperson.– It is not defamation to prefer in good faith an accusation against any \r\nperson to any of those who have lawful authority over that person with respect to the \r\nsubject matter of accusation. \r\nIllustration \r\nIf A in good faith accuses Z before a Magistrate; if A in good faith complains of \r\nthe conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct \r\nof Z, a child-Z's father A is within this exception. \r\nNinth Exception- Imputation made in good faith by person for protection \r\nof his or other's interest.– It is not defamation to make an imputation on the \r\ncharacter of another provided that the imputation be made in good faith for the \r\nprotection of the interest of the person making it, or of any other person, or for the \r\npublic good. \r\nIllustrations \r\n(a) A, a shopkeeper, says to B, who manages his business–\"Sell nothing \r\nto Z unless he pays you ready money, for I have no opinion of his honesty.\" A is \r\nwithin the exception, if he has made 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 of his own superior officer, casts an \r\nimputation on the character of Z. Here, if the imputation is made in good faith, and \r\nfor the good, A is within the exception. \r\nTenth Exception-Caution intended for good of person to whom conveyed \r\nor for public good.– It is not defamation to convey a caution, in good faith, to one \r\nperson against another, provided that such caution be intended for the good of the \r\nperson to whom it is conveyed, or of some person in whom that person is interested, \r\nor for the public good. \r\n500. Punishment for defamation.– Whoever, defames another shall be punished \r\nwith simple imprisonment for a term which may extend to two years, or with fine, or \r\nwith both. \r\n501. Printing or engraving matter known to be defamatory.– Whoever, prints or \r\nengraves any matter, knowing or having good reason to relieve that such matter is \r\ndefamatory of any person, shall be punished with simple imprisonment for a term \r\nwhich may extend to two years, or with fine, or with both. \r\n502. Sale of printed or engraved substance containing defamatory matter.– \r\nWhoever, sells or offers for sale any printed or engraved substance containing \r\ndefamatory matter knowing that it contains such matter, shall be punished with \r\nsimple imprisonment for a term which may extend to two years, or with fine, or with \r\nboth. \r\nCHAPTER XXII \r\nOF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE \r\n503. Criminal Intimidation.– Whoever, threatens another with any injury to his \r\nperson, reputation or property, or to the person or reputation of any one in whom that \r\nperson is interested, with intent to cause alarm to that person, or to cause that \r\nperson to do any act which he is not legally bound to do, or to omit to do any act \r\nwhich that person is legally entitled to do, as the means of avoiding the execution of \r\nsuch threat, commits criminal intimidation. \r\nExplanation.– A threat to injure the reputation of any deceased person in whom the \r\nperson threatened is interested, is within this section. \r\nIllustration \r\nA, for the purpose of inducing B to desist from prosecuting a civil suit, \r\nthreatens to burn B's house. A is guilty of criminal intimidation. \r\n504. Intentional insult with intent to provoke breach of the peace.– Whoever, \r\nintentionally insults, and thereby gives provocation to any person, intending or \r\nknowing it to be likely that such provocation will cause him to break the public peace, \r\nor to commit any other offence, 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\n505. Statements conducing to public mischief.– (1) Whoever, makes, \r\npublishes, or circulates any statement, rumour or report-- \r\n(a) with intent to cause or incite, or which is likely to cause or incite, any \r\nofficer, soldier, sailor, or airman in the Army, Navy or Air Force of \r\nPakistan to mutiny, offence or otherwise disregard or fail in his duty as \r\nsuch ; or \r\n(b) with intent to cause, or which is likely to cause, fear or alarm to the \r\npublic or to any section of the public whereby any person may be \r\ninduced to commit an offence against the State or against the public \r\ntranquillity; or \r\n(c) with intent to incite, or which is likely to incite, any class or community \r\nof persons to commit any offence against any other class or \r\ncommunity, shall be punished with imprisonment for a term which may \r\nextend to seven years and with fine. \r\n(2) Whoever, makes, publishes or circulates any statement or report \r\ncontaining rumour or alarming news with intent to create or promote, or which is \r\nlikely to create or promote, on grounds of religion, race, place of birth, residence, \r\nlanguage, caste or community or any other ground whatsoever, feelings of enmity, \r\nhatred or ill-will between different religious, racial, language or regional groups or \r\ncastes or communities, shall be punished with imprisonment for a term which may \r\nextend to seven years and with fine. \r\nExplanation.– It does not amount to an offence within the meaning of this section, \r\nwhen the person making, publishing or circulating any such statement, rumour or \r\nreport has reasonable grounds for believing that such statement, rumour or report is \r\ntrue and makes, publishes or circulates it in good faith and without any such intent as \r\naforesaid. \r\n506. Punishment for criminal intimidation.– Whoever, commences the offence \r\nof criminal intimidation 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\nIf threat be to cause death or grievous hurt, etc.– And if the threat be to \r\ncause death or grievous hurt, or to cause the destruction of any property by fire, or to \r\ncause an offence punishable with death or imprisonment for life, or with \r\nimprisonment for a term which may extend to seven years, or to impute unchastity to \r\na woman, shall be punished with imprisonment of either description for a term which \r\nmay extend to seven years, or with fine, or with both. \r\n507. Criminal intimidation by an anonymous communication.– Whoever, \r\ncommits the offence of criminal intimidation by an anonymous communication, or \r\nhaving taken precaution to conceal the name or abode of the person from whom the \r\nthreat comes, shall be punished with imprisonment of either description for a term \r\nwhich may extend to two years, in addition to the punishment provided for the \r\noffence by the last preceding section. \r\n508. Act caused by inducing person to believe that he will be rendered an \r\nobject of Divine displeasure.– Whoever, voluntarily causes or attempts to cause \r\nany person to do anything which that person is not legally bound to do or to omit to \r\ndo anything which he is legally entitled to do, by inducing or attempting to induce that \r\nperson to believe that he or any person in whom he is interested will become or will \r\nbe rendered by some act of the offender an object of Divine displeasure if he does \r\nnot to the thing which it is the object of the offender to cause him to do, or if he does \r\nthe thing which it is object of the offender to cause to him to omit shall be punished \r\nwith imprisonment of either description for a term which may extend to one year, or \r\nwith fine, or with both. \r\nIllustrations \r\n(a) A suits dhurna at Z's door with the intention of causing it to be believed \r\nthat, by so sitting, he renders 2 an object of divine displeasure, A has committed the \r\noffence defined fn this section. \r\n(b) A threatens Z that, unless Z performs a certain act, A wilt kill one of A's \r\nown children, 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\n509. Word, gesture or act intended to insult the modesty of a woman.– \r\nWhoever, 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 be \r\nheard, or that such gesture or object shall be seen, by such woman, or intrudes upon \r\nthe privacy of such woman, shall be punished with simple imprisonment for a term \r\nwhich may extend to one year, or with fine, or with both. \r\n510.  Misconduct in public by a drunken person.– Whoever, in a, state of \r\nintoxication, appears in any public place, or in any place which it is a trespass in him \r\nto enter, and there conducts himself in such a manner as to cause annoyance to any \r\nperson be punished with simple imprisonment for a term which may extend to \r\ntwenty-four hours, or with fine which may extend to ten rupees, or with both. \r\nCHAPTER XXIII \r\nOF ATTEMPTS TO COMMIT OFFENCES \r\n511. Punishment for attempting to commit offences punishable with \r\nimprisonment for life or for a shorter terms.– Whoever, attempts to commit an \r\noffence punishable by this Code with imprisonment for life or imprisonment, or to \r\ncause such an offence to be committed, and in such attempt does any act towards \r\nthe commission of the offence, shall where no express provision is made by this \r\nCode for the punishment bf such attempt, be punished with imprisonment of any \r\ndescription provided for the offence for a term which may extend to one-half of the \r\nlongest term of imprisonment provided for that offence or with such fine daman as is \r\nprovided for the offence, or with both. \r\nIllustration \r\n(a) A makes an attempt to steal some jewels by breaking, open the box, \r\nand finds after so opening the box, that there is no jewels in it. 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