페이지 이미지
PDF
ePub

Operation of other laus not barred.

31. Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act or the rules made under it, or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence. Power to take census of fire-arms.

32. The ?[appropriate Government] may from time to time, by notification in the ` [official Gazette), direct a census to be taken of all fire-arms in any local area, and empower any person by name or in virtue of his office to take such

census.

On the issue of any such notification, all persons possessing any such arms in such area shall furnish to the person so empowered such information as he may require in reference thereto, and shall produce such arms to him if he so requires.

Any person refusing or neglecting to produce any such arms when so required shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. Notice and limitation of proceedings.

33. No proceeding other than a suit shall be commenced against any person for anything done in pursuance of this Act, without having given him at least one month's previous notice in writing of the intended proceeding and of the cause thereof, nor after the expiration of three months from the accrual of such cause.

THE FIRST SCHEDULE.-(Enactments repealed.) Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.

TILE SECOND SCHEDULE.-[Arms, etc., liable to Duty.] Rep. by the Amending Act, 1891 (.XII of 1891).

1[The Punjab Laws (Amendment) Act, 1878)
Act No. XII OF 1878

[28th March, 1878] An Act for the further Amendment of the Punjab Laws Act, 1872 Preamble-IV of 1872.

For the purpose of further amending the Punjab Laws Act, 1872; It is hereby enacted as follows :

1 to 6. Repealed.' Penalty for breach of rules under Act IV of 1872.

57. Whoever breaks any rule macie by the [Provincial Government] under the same Act shall be punished with imprisonment for a term which may ertend to six months, or with fine which may extend to fifty rupees, or with both.S * * *

8. [Recovery of advances made by Government.] Rep. by the Amending Act, 1903 (I of 1903), 8. 4 and Sch. III.

i See footnote 3 on page 2324, 81 pra.
2 Subs. by 1.0., 1937, for "local oilicial Gazette."

3 Short title given by the Amending Act, 1903 (1 of 1903). For Statement of Objects and Reasons, see Gazette of India. 1877, Pt. V, p. 489; for Proceedings in Council, sce ibid., Supplement, pp. 2702. 2769 and ibid., 1878, p. 481.

$. i and I have been rep. by the Repealing Act, 1938 (1 of 1938), s. 2 by the Punjab Pre-emption Act. 1905 Punjab 2 of 1905),

ss. 3 and 4 by the Punjab Court of Wards Act, 1903 (Punjab 2 of 1903), and s. 6 by the Amending Act, 1891 (12 of 1891).

5 S. 7 has been rep. in the X.-W.F.P. by the N.-W.F.P. Law and Justice Regulation,
1901 (7 of 1901), s. 5 and Sch. III.

# Subs, by A.O., 1937, for “L.G.".
7 I.e. the Punjab Laws Act. 1872 (4 of 1872).
& The second sentence of s. i was rep. by Act 12 of 1891, s. 2 and Sch. I.

GOVERNMENT OF PAKISTAN, MINISTRY OF LAW AND PARLIAMENTARY
AFFAIRS—THE PAKISTAN PENAL CODE

CONTENTS

CHAPTER I

INTRODUCTION
Preamble.
Sections :

1. Title and extent of operation of the Code.
2. Punishment of offences committed within Pakistan.
3. Punishment of offences committed beyond, but which by law may be

tried within Pakistan. 4. Extension of Code to extra-territorial offences. 5. Certain laws not to be affected by this Act.

CHAPTER II

GENERAL EXPLANATIONS

18.

6. Definitions in the Code to be understood subject to exceptions.
. Sense of expression once explained.
8 Gender.
9. Number.
10. "Man."

"Woman."
11. "Person."
12. “Public."
13. [Omitted.]
14. “Servant of the State."
15. [Repealed.]
16. [Repealed.]
17. "Government."

[Repealed.]
19. "Judge.”
20. “Court of justice."
21. "Public servant."
22. "Moveable property."
23. “Wrongful gain.”

"Wrongful loss."
Gaining wrongfully.

Losing wrongfully.
24. “Dishonestly.”
2..

"Fraudulently."

"Reason to beliere." 27. Property in possession of wife, clerk or servant. 28. "Counterfeit." 29.

“Document.” 30. "Valuable security." 31. "A will." 32. Words referring to acts include illegal omissions. 33.

"Act."

Omission." 34. Acts done by several persons in furtherance of common intention. 3). When such an act is criminal by reason of its being done with a crim

inal knowledge or intention. 36. Effect caused partly by act and partly by omission. 37. Co-operation by doing one of several acts constituting an offence. 38. Persons concerned in criminal act may be guilty of different offences. 39.

“Voluntarily."
40. *Offence.”
41. "Special law."
42. "Local law."
43.

"Illegal."
"Legaily bound to do."

26.

[ocr errors]
[ocr errors][merged small][merged small]

60.

63.

OF PUNISHMENTS 53. Punishments. 54. Commutation of sentence of death. 55. Commutation of sentence of transportation for life. 55A Saving for President's prerogative. 56. [Repealed.) 57. Fractions of terms of punishment. 58. Offenders sentenced to transportation, how dealt with until trans

ported. 59. Transportation instead of imprisonment.

Sentence may be (in certain cases of imprisonment) wholly or partly

rigorous or simple. 61. [Repealed.] 62. [Repealed.]

Amount of fine. 64. Sentence of imprisonment for non-payment of fine. 65. Limit to imprisonment for non-payment of fine, when imprisonment

and fine awardable. 66. Description of imprisonment for non-payment of fine. 67.

Imprisonment for non-payment of fine, when offence punishable with

fine only. 68. Imprisonment to terminate on payment of fine. 69. Termination of imprisonment on payment of proportional part of fine. 70. Fine leviable within six years, or during imprisonment. Death not to

discharge property from liability. 71.

Limit of punishment of offence made up of several offences. 72 Punishment of person guilty of one of several offences, the judgment

stating that it is doubtful of which. 73 Solitary confinement. 74. Limit of solitary confinement. 75. Enhanced punishment for certain offences under Chapter XII or Chap

ter XVII after previous conviction.

CHAPTER IV

GENERAL EXCEPTIONS

76.

77. 78. 79.

80. 81.

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

bound, by law.
Act of judge when acting judicially.
Act done pursuant to the judgment or order of Court.
Act done by a person justified, or by mistake of fact believing himself

justified, by law.
Accident in doing a lawful act.
Act likely to cause harm, but done without criminal intent, and

prevent other harm. Act of a child under seven years of age. Act of a child above seven and under twelve of immature understand

ing. Act of a person of unsound mind. Act of a person incapable of judgment by reason of intoxication

caused against his will.

2 83.

84. 85.

86.

87.

88.

89,

90.

Offence requiring a particular intent or knowledge committed by one

who is intoxicated. Act not intended and not known to be likely to cause death or griev

ous hurt, done by consent. Act not intended to cause death, done by consent in good faith for

person's benefit.
Act done in good faith for benefit of child or insane person, by or by

consent of guardian.
Provisos.
Consent known to be given under fear or misconception.
Consent of insane person.
Consent of child.
Exclusion of acts which are offences independently of harm caused.
Act done in good faith for benefit of a person without consent.
Provisos.
Communication made in good faith.
Act to which a person is compelled by threats.
Act causing slight harm.

91. 92.

93. 94. 95.

96. 97. 98.

99.

100.

101. 102.

Of the Right of the Private Defence
Things done in private defence.
Right of private defence of the body and of property.
Right of private defence against the act of a person of unsound mind,

etc.
Acts against which there is no right of private defence. Extent to

which the right may be exercised. When the right of private defence of the body extends to causing

death. When such right extends to causing any harm other than death. Commencement and continuance of the right of private defence of the

body. When the right of private defence of property extends to causing

death. When such right extends to causing any harm other than death. Commencement and continuance of the right of private defence of

property. Right of private defence against deadly assault when there is risk of

harm to innocent person.

103.

104. 105.

106.

CHAPTER V

OF ABETMENT

107. Abetment of a thing. 108. Abettor. 108A Abetment in Pakistan of offences outside it. 109 Punishment of abetment if the act abetted is committed in consequence

and where no express provision is made for its punishment. 110. Punishment of abetment if person abetted does act with different in

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

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

for act done. 113. Liability of abettor for an effect caused by the act abetted different

from that intended by the abettor. 114. Abettor present when offence is committed. 115. Abetment of offence punishable with death or transportation for life

if offence not committed ;

if act causing harm be done in consequence.
116. Abetment of offence punishable with imprisonment-

if offence be not committed ;
if abetter or person abetted be a public servant whose duty it is

to prevent offence 117. Abetting commission of offence by the public, or by more than ten per

sons.

118.

119.

Concealing design to commit offence punishable with death or transportation for life

if offence be committed ;

if offence be committed ;
Public servant concealing design to commit offence which it is his
duty to prevent-

if offence be committed ;
if offence be punishable with death, etc.;

if offence be not committed.
Concealing design to commit offence punishable with imprisonment-

if offence be committed ;
if offence be not committed.

120.

CHAPTER V-A

CRIMINAL CONSPIRACY

120A. Definition of Criminal conspiracy. 120B. Punishment of criminal conspiracy.

CHAPTER VI

OF OFFENCES AGAINST THE STATE

121. Waging, or attempting to wage war, or abetting waging of war

against Pakistan. 121A. Conspiracy to commit offences punishable by section 121. 122. Collecting arms, etc., with intention of waging war against Pakistan. 123. Concealing with intent to facilitate design to wage war. 123A. Condemnation of the creation of the State, and advocacy of abolition

of its sovereignty. 124. Assaulting President, Governor, etc., with intent to compel or restrain

the exercise of any lawful power. 124A. Sedition. 125. Waging war against any Asiatic Power in alliance with Pakistan. 126. Committing depredation on territories of Power at peace with Paki

stan. 127. Receiving property taken by war or depredation mentioned in sections

125 and 126. 128. Public servant voluntarily allowing prisoner of State or war to escape. 129. Public servant negligently suffering such prisoner to escape. 130. Aiding escape of, rescuing or harbouring such prisoner.

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

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

from his duty. 132. Abetment of mutiny, if mutiny is committed in consequence thereof. 133. Abetment of assault by soldier, sailor or airman on his superior officer,

when in execution of his office. 134. Abetment of such assault, if the assault is committed. 135. Abetment of desertion of soldier, sailor or airman. 136. Harbouring deserter. 137. Deserter concealed on board merchant vessel through negligence of

master. 138. Abetment of act of insubordination by soldier, sailor or airman. 138A. [Repealed.] 139. Persons subject to certain acts. 140. Wearing garb or carrying token used by soldier, sailor or airman.

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. ; Unlawful assembly.
142. Being member of unlawful assembly.
143. Punishment.

« 이전계속 »