PAKISTAN PENAL CODE 1860

(XLV OF1860)
[6th October 1860]
CONTENTS
CHAPTER – I
INTRODUCTION

Preamble

Title and extent of operation of the Code
Punishment of offences committed within Pakistan
Punishment of offences committed beyond, but which by law ay be tried within
Pakistan
Extension of Code on extra-territorial offences
Certain laws not to be affected by this Act
CHAPTER II

GENERAL EXPLANATIONS

Definitions in the Code to be understood subject to exception
Sense of expression once explained
Gender
9- Number
“Man”; “Woman”
“Person”
“Public”
Definition of “Queen”
“Servant of the State”
15.. Definition of British-India

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Definition of “Government of India”
17- “Government”
Definition of Presidency
“Judge”
“Court of Justice”
“Public servant”
Movable property
Wrongful gain
“Wrongful loss”
Gaining wrongfully; Losing wrongfully
“Dishonestly”
“Fraudulently”
“Reason to believe”
Property in possession of wife, clerk or servant
“Counterfeit”
Document
“Valuable security”
“A will”
Words referring to acts include illegal omissions
“Act”, “Omission”
Acts done by several persons in furtherance of. Common intention
When such an act is criminal by reason of its being done with a criminal knowledge
or intention
Effect caused partly by act and partly by omission
Co-operation by doing one of several acts constituting an offence
Persons concerned in criminal act may be guilty of different offences
“Voluntarily”
“Offence”
“Special law”
“Local Law”
“Illegal “””Legally bound to do”
“Injury”
“Life-
46- “Death”
“Animal”
“Vessel”
“Year”; “Month”
50- “Section”
“Oath”
“Good faith”
52-A. “Harbour”

CHAPTER III
OF PUNISHMENTS

Punishments
Commutation of sentence of death
Commutation of sentence of imprisonment for life
55-A.Saving for President prerogative
Sentence of Europeans and Americans to penal servitude
Fractions of terms of punishment
Offenders sentenced to transportation how dealt with until, transported
Transportation instead of imprisonment
Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or
simple
Sentence of forfeiture of property
Forfeiture of property, in respect of offenders punishable with
death, transportation or imprisonment
Amount of fine
Sentence of imprisonment for non-payment of fine
Limit to imprisonment for non-payment of fine when imprisonment and fine
awardable.
Description of imprisonment for non-payment of fine
Imprisonment for non-payment of fine when offence punishable with fine only
Imprisonment to terminate on payment of fine
Termination of imprisonment on payment of proportional part
of fine
Fine leviable within six years, or during imprisonment-Death not to discharge
property from liability
Limit of punishment of offence made up of several offences
Punishment of person guilty of one of several offences, the judgment stating that it is
doubtful of which
Solitary confinement
Limit of solitary confinement
Enhanced punishment for certain offenders under Chapter XII or Chapter XVII after
previous conviction

CHAPTER IV

GENERAL EXCEPTIONS

Act done by a person bound, or by mistake of fact believing himself bound, by law
Act of Judge when acting judicially
Act done pursuant to the judgment or order of Court
Act done by a person justified, or by mistake of fact believing himself justified, by law
Accident in doing a lawful act
Act likely to cause harm, but done without criminal intent, and to prevent other harm
Act of a child under seven years of age
Act of a child above seven and under twelve of immature understanding
Act of a person of unsound mind
Act of a person incapable of judgment by reason of intoxication caused against his
will
Offence requiring a particular intent or knowledge committed by one who is
intoxicated
Act not intended and not known to be likely to cause death or grievous hurt, done by
consent.
Act not intended to cause death, done by consent in good faith for person’s benefit
Act done in good faith for benefit of child or insane person, by or by consent of
guardian
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
Communication made in good faith
Act to which a person is compelled by threats
95 Act causing slight harm
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.
Act 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

CHAPTERV
OF ABETMENT

Abetment of a thing
Abettor
108-A. Abetment in Pakistan of Offences outside it
Punishment of abetment if the Act abetted committed in consequence and where no
express provision is made for its punishment
Punishment of abetment if person abetted does act with different intention from that
of abettor
Liability of abettor when one act abetted and different act done
Abettor when liable to cumulative punishment for act abetted and for act done
Liability of abettor for an effect caused by the act abetted different from that intended
by the abettor
Abettor present when offence is committed
.Abetment of offence punishable with death or imprisonment for life if offence not
committed

If act causing harm be done in consequence

Abetment of offence punishable with imprisonment
If offence be not committed
If abettor or person abetted be a public servant whose duty it is to prevent offence
Abetting commission of offence by the public or by more than ten persons
Concealing design to-commit offence punishable with death or imprisonment for life if
offence be committed
if offence be not 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
CHAPTER V-A
CRIMINAL CONSPIRACY

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

CHAPTER VI

OF OFFENCES AGAINST THE STATE

Waging or attempting to wage war or abetting waging of war against Pakistan
121-A. Conspiracy to commit, offences punishable by Section 121
Collecting arms, etc., with intention of waging war against Pakistan
Concealing with intent to facilitate design to wage war
123-A. Condemnation of the creation of the State, and advocacy of abolition of its
sovereignty
123-B. Defiling or unauthorisedly removing the National Flag of Pakistan from
Government building, etc.
Assaulting President, Governor, etc., with intention to compel or restrain the exercise
of any lawful power

124-A, Sedition
125- Waging war against any Asiatic Power in alliance with Pakistan

Committing depredation on territories of Power at peace with Pakistan
Receiving property taken by war or depredation mentioned in Sections 125 and 126
Public servant voluntarily allowing prisoner of State or war to escape
Public servant negligently suffering such prisoner to escape
Aiding escape of, rescuing or harbouring such prisoner
CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR

FORCE

Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
Abetment of mutiny, if mutiny Is committed in consequence thereof
Abetment of assault by soldier, sailor or airman on his superior officer, when in
execution of his office
Abetment of such assault, if the assault is committed
Abetment of description of soldier, sailor or airman
Harbouring deserter
Deserter concealed on board merchant vessel through negligence of master
Abetment of act of insubordination by soldier, sailor or airman
138-A. Application of foregoing sections to the Indian Marine Service
Persons subject to certain Acts
Wearing garb or carrying token used by soldier, sailor or airman

CHAPTER VlII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

Unlawful assembly
Being member of unlawful assembly
Punishment
Joining unlawful assembly armed with deadly weapon
Joining or continuing In unlawful assembly, knowing it has been commanded to
disperse
Rioting
Punishment for rioting
Rioting, armed with deadly weapon
Every member of unlawful assembly guilty of offence committed in prosecution of
common object
Hiring, or conniving at hiring, of persons to Join unlawful assembly
Knowingly joining or continuing in assembly of five or more persons after it has
commanded to disperse
Assaulting to obstructing public servant when suppressing riot, etc.
Wantonly giving provocation with intent to cause riot-if rioting be committed; if not
committed
153-A. Promoting enmity between different groups, etc.
153-B. Inducing students, etc., take part in political activity
Owner or occupier of land on which an unlawful assembly is held
Liability of person for whose benefit riot is committed
Liability of agent of owner or occupier for whose benefit riot is committed
Harbouring persons hired for an unlawful assembly
Being hired to take part in an unlawful assembly or riot or to go armed
Affray
Punishment for committing affray

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Public servant taking gratification other than legal remuneration in respect to an
official act
“Gratification” ,
“Legal remuneration”
“A motive or reward for doing”
“Public servant’
Taking gratification, in order by corrupt or illegal means to influence public servant-
Taking gratification, for exercise of personal influence with public servant
Punishment for abetment by public servant of offences defined in Section 162 or 163
Public servant obtaining valuable thing, without consideration from person concerned
in proceeding or business transacted by such public servant
165-A. Punishment for abetment of offences defined in Sections 161 and 165
165-B. Certain abettors excepted
Public servant disobeying law, with intent to cause injury to any person
Public servant framing an incorrect document with intent to cause injury
Public servant unlawfully engaging in trade
Public servant unlawfully buying or bidding for property
Personating a public servant
Wearing garb or carrying token used by public servant with fraudulent intent .

CHAPTER IX-A

OF OFFENCES RELATING TO ELECTIONS

171-A. “Candidate”, “Electoral right” defined
171-B. Bribery
171 -C. Undue influence at election
171-D. Personation at elections
171-E. Punishment for bribery

171 -F. Punishment for undue influence or personation at an election
171 -G. False statement in connection with an election
171 -H. Illegal payments in connection with an election
171-1. Failure to keep election accounts
171-J. Inducing any person not to participate in any election or referendum, etc.

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC

SERVANTS

Absconding to avoid service of summons or other proceeding
Preventing service of summons or other proceeding, or preventing publication thereof
Non-attendance in obedience to an order from public servant
Omission to produce document to public servant by person legally bound to produce
it
Omission to give notice or information to public servant by person legally bound to
give it
Furnishing false information
Refusing oath or affirmation when duly required by public servant to make it
Refusing to answer public servant authorised to question
Refusing to sign statement
False statement on oath or affirmation to public servant or person authorised to
administer an oath or affirmation
False information with intent to cause public servant to use his lawful power to the
injury of another person
Resistance to the taking of property by the lawful authority of a public servant
Obstructing sale of property offered for sale by authority of public servant
Illegal purchase or bid for property offered for sale by authority of public servant
Obstructing public servant in discharge of public functions
Omission to assist public servant when bound by law to give assistance
Disobedience to order duty promulgated by public servant “.
Threat of injury to public, servant
Threat of injury to induce a person to refrain from applying for protection to public
servant

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC

JUSTICE

191 Giving false evidence

Fabricating false evidence
Punishment for false evidence
Giving or fabricating false evidence with intent to procure conviction of capital offence
if innocent person be thereby convicted and executed
Giving or fabricating false evidence with intent to procure conviction of offence
punishable with imprisonment for life or for a term of seven years or upwards
Using evidence known to be false
Issuing or signing false certificate
Using as true a certificate known to be false
False statement made in declaration which is by law receivable as evidence
Using as true such declaration knowing it to be false
Causing disappearance of evidence of offence, or giving false information to screen
offender
if a capital offence
if punishable with imprisonment for life
if punishable with less than ten years imprisonment

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

Giving false information respecting an offence committed
Destruction of document to prevent its production as evidence
False personation for purpose of act or proceeding in suit or prosecution
Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
execution
Fraudulent claim to property to prevent its seizure as forfeited or in execution
Fraudulently suffering decree for sum not due
Dishonestly making false claim in Court
Fraudulently obtaining decree for sum not due
False charge of offence made with intent to injure
Harbouring offender
if a capital offence
if punishable with imprisonment for life, or with imprisonment for 10 years
Taking gift, etc., to screen an offender from punishment if a capital offence
if punishable with imprisonment for life, or with imprisonment for 10 years
Offering gift or restoration of property in consideration of screening offender
if a capita! offence
if punishable with imprisonment for life, or with imprisonment
Taking gift to help to recover property, etc.
Harbouring offender who has escaped from custody or whose apprehension has
been ordered
if a capital offence
if punishable with imprisonment for life, or with imprisonment
216-A. Penalty for harbouring robbers or dacoits
216-B. Definition of “harbour” in Sections 212, 216 and 216-A
Public servant disobeying direction of law with intent to save persons from
punishment or property from forfeiture
Public servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture
Public servant in judicial proceeding corruptly making report, etc., contrary to taw
Commitment for trial or confinement by person having authority who knows that he is
acting contrary to law
Intentional omission to apprehend on the part of public servant bound to apprehend
Intentional omission to apprehend on the part of public servant bound to apprehend
person under sentence or lawfully committed
Escape from confinement or custody negligently suffered by public servant
Resistance or obstruction by a person to his lawful apprehension
Resistance or obstruction to lawful apprehension of another person
225-A. Omission to apprehend, or sufferance of escape, on part of public servant, in
cases not otherwise provided for
225-B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not
otherwise provided for
Unlawful return from transportation
Violation of condition of remission of punishment
Intentional insult or interruption to public servant sitting in
judicial proceeding
Personation of a juror or assessor

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT

STAMPS

“Coin” defined
Pakistan coin
Counterfeiting coin
Counterfeiting Pakistan coin
Making or selling instrument for counterfeiting coin
Making or selling instrument for counterfeiting Pakistan coin
Possession of instrument or material for the purpose of using the same for
counterfeiting coin
if Pakistan coin
Abetting in Pakistan the counterfeiting out of Pakistan of coin
Import or export of counterfeit coin
Import or export of counterfeits of Pakistan coin
Delivery of coin, possessed with knowledge that it is counterfeit
Delivery of Pakistan coin possessed with knowledge that ft is counterfeit
Delivery of coin as genuine, which, when first possessed, the deliverer did not know
to be counterfeit
Possession of counterfeit coin by person who knew It to be counterfeit when he
became possessed thereof
Possession of Pakistan coin by person who knew it to be counterfeit when he
became possessed thereof
Person employed in mint causing coin to be of different weight or composition from
that fixed by law
245- Unlawfully taking coining instrument from mint
Fraudulently or dishonestly diminishing weight or altering composition of coin
Fraudulently or dishonestly diminishing weight or altering composition of Pakistan
coin
Altering appearance of coin with intent that ft shall pass as coin of different
description
Altering appearance of Pakistan coin with intent that it shall pass as coin of different
description
Delivery of coin, possessed with knowledge that it is altered
Delivery of Pakistan coin possessed with knowledge that it is altered
Possession of coin by person who knew it to be altered when he became possessed
thereof
Possession of Pakistan coin by person who knew it to be altered when he became
possessed thereof
Delivery of coin as genuine which, when first possessed, the deliverer did not know
to be altered
Counterfeiting Government stamp
Having possession of instrument or material for counterfeiting Government stamp
Making or selling instrument for counterfeiting Government stamp
Sale of counterfeit Government stamp
Having possession of counterfeit Government stamp
Using as genuine a Government stamp known to be counterfeit
261 Effacing writing from substance bearing Government stamp, or removing from
document a stamp used for it, with intent to cause loss to Government
Using Government stamp known to have been before used
Erasure of mark denoting that has been used
263-A. Prohibition of fictitious stamp

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

Fraudulent use of false instrument for weighing
Fraudulent use of false weight or measure
Being in possession of false weight or measure
Making or selling false weight or measure
CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,

CONVENIENCE, DECENCY AND MORALS

Public nuisance
Negligent act likely to spread infection of disease dangerous to life

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

Disobedience to quarantine rule
Adulteration of food or drink intended for sale
Sale of noxious food or drink
Adulteration of drugs
Sale of adulterated drugs
Sale. of drug as a different drug or preparation
Fouling water of public spring or reservoir
Making atmosphere noxious to health
Rash driving or driving on a public way
Rash navigation of vessel
Exhibition of false light, mark or buoy
Conveying person by water for hire in unsafe or overloaded vessel
Danger or obstruction in public way or line of navigation
Negligent conduct with respect to poisonous substance
Negligent conduct with respect to fire or combustible matter
Negligent conduct with respect to explosive substance
Negligent conduct with respect to machinery
Negligent conduct with respect, to pulling down or repairing buildings
Negligent conduct with respect to animal
Punishment for public nuisance in cases not otherwise provided for
Continuance of nuisance after injunction to discontinue
Sale, etc., of obscene books, etc.
Sale, etc., of obscene objects to young person
Obscene acts and songs
294-A. Keeping lottery office
294-B. Offering of prize in connection with trade, etc.
CHAPTER XV

OF OFFENCES RELATING TO RELIGION

Injuring or defiling place of worship, with intent to insult the religion of any class
295-A. Deliberate and malicious acts intended to outrage religious feelings of any class
by insulting Its religion
or religious beliefs
295-B. Defiling, etc., of Holy Qur’an
295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet
Disturbing religious assembly
Trespassing on burial places, etc.
Uttering words, etc., with deliberate intent to wound religious feelings
298-A. Use of derogatory remarks, etc. in respect of holy personages
298-B.Misuse of epithets, descriptions and titles, etc. reserved for certain holy personages
or places
298-C.Person of Quadiani group, etc., calling himself a Muslim or preaching or
propagating his faith

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

Of Offences Affecting Life

Definitions
Qatl-e-Amd
301- Causing death of person other than the person whose death was intended
Punishment of qatl-i-amd
Qatl committed under ikrah-i-tam or ikrah-i-naqis
Proof of qatl-i-amd liable to qisas. etc.
Wali
Qatl-i-amd not liable to qisas
Cases in which Qisas for qatl-i-amd shall not be enforced
Punishment in qatl-i-amd not liable to qisas, etc.
Waiver (Afw) of qias in qatl-i-amd
Compounding of qisas (Sulh) in qatl-i-amd
Ta’zir after waiver or compounding of right of qisas in qatl-i-amd
Qatl-i-amd after waiver or compounding of qisas
Right of qisas in qatl-i-amd
Execution of qisas in qatl-i-amd
Qatl shibh-i-amd
Punishment for qatl shibh-i-amd
Person committing qatl debarred from succession
Qatl-i-khata
Punishment for qatl-i-khata
Punishment for qatl-i-khata by rash or negligent driving
Oatl-bis-sabab
Punishment for qatl bis-sabab
Value of diyat
Attempt to commit qatl-i-amd
Attempt to commit suicide
Thug
Punishment
Exposure and abandonment of child under twelve years by parent or person having
care of it
Concealment of birth by secret disposal of dead body
Disbursement of diyat
Payment of Diyat
Hurt
Itiaf-i-udw
Punishment for Itlaf-l-udw
Itlaf-i-salahiyyat-i-udw
Punishment for Itlaf-i-salahiyyat-i-udw
Shajjah
337-A. Punishment of shajjah
337-B.Jurh.
337-C.Jaifah
337-D.Punishment for jaifah
337-E.Ghayr-jaifah
337-F. Punishment of ghayr-jaifah
337-G. Punishment for hurt by rash or negligent driving
337-H. Punishment for hurt by rash or negligent act
337-1. Punishment for causing hurt by mistake (khata)
337-J. Causing hurt by means of a poison
337-K. Causing hurt to extort confession, or to compel restoration of property

337-L. Punishment for other hurt
337-M. Hurt not liable to qisas
337-N, Cases in which qisas for hurt shall not be enforced
337-0. Wali in case of hurt
337-P. Execution of qisas for hurt
337-Q. Arsh for single organs
337-R.Arsh for organs in pairs
337-S. Arsh for the organs in quadruplicate
337-T. Arsh for fingers
337-U.Arsh for teeth
337-V. Arsh for hair
337-W. Merger of arsh
337-X. Payment of arsh
337-Y. Value of daman
337-Z. Disbursement of arsh or daman

Isqat-i-Hamal
338-A. Punishment for Isqat-i-hamI
338-B.lsqat-i-janin
338-C.Punishment for Isqat-i-janin
338-D.Confirmation of sentence of death by way of qisas or tazir, etc.
338-E. Waiver or compounding of offences
338-F. Interpretation
338-G. Rules

338-H. Saving

CHAPTER XVI-A

OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT

Wrongful restraint
Wrongful confinement
Punishment for wrongful restraint
Punishment for wrongful confinement
Wrongful confinement for three or more days
Wrongful Confinement for ten or more days
Wrongful confinement of person for whose liberation writ, has been issued
Wrongful confinement in secret
Wrongful confinement to extort property or constrain to illegal act
Wrongful confinement to extort confession or compel restoration of property

Of Criminal Force and Assault

Force
Criminal force
Assault
Punishment for assault or criminal force otherwise than on grave provocation
Assault or criminal force to deter public servant from discharge of his duty
Assault or criminal force to woman with intent to outrage her modesty
354-A. Assault or use of criminal force to woman and stripping her of her clothes
Assault or criminal force with intent to dishonour a person, otherwise than on grave
provocation
Assault or criminal force in attempt to commit theft of property carried by a person
Assault or criminal force in attempting wrongfully to confine person
Assault or criminal force on grave provocation

Of Kidnapping, Abduction, Slavery and Forced Labour

Kidnapping
Kidnapping from Pakistan, etc.
Kidnapping from lawful guardianship
Abduction
Punishment for kidnapping
Kidnapping or abducting In order to murder
364-A. Kidnapping or abducting a person under the age of fourteen
Kidnapping or abducting with intent secretly and wrongfully to confine person
365-A. Kidnapping or abducting for extorting property, valuable security, etc.
Kidnapping, abducting or inducing woman to compel her marriage, etc.
366-A. Procuration of minor girl
366-B. Importation of girl from foreign country
Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
Wrongfully concealing or keeping in confinement, kidnapped or abducted person
Kidnapping or abducting child under ten years with intent to steal from its person
Buying or disposing of any person as a slave
Habitual dealing in slaves
Selling minor for purposes of prostitution, etc.
Buying minor for purposes of prostitution, etc.
Unlawful compulsory labour

Of Rape

Rape
Punishment of rape

Of Unnatural Offences

Unnatural offences

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

Theft
Punishment for theft
Theft in dwelling house, etc.
Theft by clerk or servant or property in possession of master
361 -A. Theft of a car or other motor vehicles
Theft after preparation made for causing death, hurt or restraint in order to the
committing of the theft

Of Extortion

Extortion
Punishment for extortion
Putting person in fear of injury in order to commit extortion
Extortion by putting a person in fear of death or grievous hurt
Putting person in fear of death or of grievous hurt, in order to commit extortion
Extortion by threat of accusation of an offence punishable with death or imprisonment
for life, etc.
Putting person in fear of accusation of offence, in order to commit extortion

Of Robbery and Dacoity

Robbery
When theft is robbery

When extortion is robbery

Dacoity
Punishment for robbery
Attempt to commit robbery.
Voluntarily causing hurt in committing robbery
Punishment for dacoity
Dacoity with murder
Robbery or dacoity, with attempt to cause death or grievous hurt
Attempt to commit robbery or dacoity when armed with deadly weapon
Making preparation to commit dacoity
Punishment for belonging to gang of dacoits
Punishment for belonging to gang of thieves
Assembling for purpose of committing dacoity
Of Hijacking

402-A. Hijacking
402-B. Punishment for Hijacking
402-C. Punishment for harbouring hijacking etc.

Of Criminal Misappropriation of Property

403- Dishonest misappropriation of property

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

Of Criminal Breach of Trust

Criminal breach of trust
Punishment for criminal breach of trust
Criminal breach of trust by carrier, etc.
Criminal breach of (.rust by clerk w servant
Criminal breach of trust by public servant, or by banker, merchant or agent

Of Receiving of Stolen Property

Stolen property
Dishonestly receiving stolen property
Dishonestly receiving stolen property in the commission of a dacoity
Habitually dealing in stolen property
Assisting in concealment of stolen property
Of Cheating
Cheating
Cheating by personation
Punishment for’ cheating
Cheating with knowledge that wrongful loss may ensue to person whose interest
offender is bound to protect
Punishment for cheating by personation
Cheating and dishonestly inducing delivery of property

Of Fraudulent Deeds and Dispossession of Property

Dishonest or fraudulent removal or concealment of property to prevent distribution
among creditors
Dishonestly or fraudulently preventing debt being available for creditors
Dishonest or fraudulent execution of deed of transfer containing false statement of
consideration
Dishonest or fraudulent removal or concealment of property

Of Mischief

Mischief
Punishment for mischief
427 Mischief causing damage to the amount of fifty rupees
Mischief by killing or maiming animal of the value, of ten rupees
Mischief by killing or maiming cattle, etc., of any value or any animal of the value of
fifty rupees
Mischief by injury to works of irrigation or by wrongfully divertingwater
Mischief by injury to public road, bridge, river or channel
Mischief by causing Inundation or obstruction to public drainage attended with
damage
Mischief by destroying, moving or rendering fess useful a light house or sea-mark
Mischief by destroying or moving, etc., a land-mark fixed by public authority
Mischief by fire or explosive substance with intent to cause damage to amount of one
hundred rupees or (In case of agricultural produce) ten rupees
Mischief by fire or explosive substance with intent to destroy house, etc,
Mischief with intent to destroy or-make unsafe a decked vessel or one of twenty tons
burden
Punishment for the mischief described in Section 437 committed by fire or explosive
substance
Punishment for intentionally running vessel aground or ashore with intent to commit
theft, etc.
Mischief committed after preparation made for causing death or hurt

Of Criminal Trespass

Criminal trespass
House-trespass
Lurking house-trespass
Lurking house-trespass by night
House-breaking
House-breaking by night
Punishment for criminal trespass
Punishment for house-trespass
House-trespass in order to commit offence punishable with death
House-trespass in order to commit offence punishable with imprisonment for life
House-trespass in order to commit offence punishable with imprisonment
House-trespass after preparation for hurt, assault or wrongful restraint
Punishment for lurking house-trespass or house-breaking
Lurking house trespass or house-breaking in order to commit offence punishable with
imprisonment
Lurking house-trespass or house-breaking after preparation for hurt, assault or
wrongful restraint
Punishment for lurking house-trespass or house-breaking by night
Lurking house-trespass or house-breaking by night in order to commit offence
punishable with imprisonment
Lurking house-trespass or house-breaking by night after preparation for hurt, assault
or wrongful restraint
Hurt caused, whilst committing lurking house-trespass or house-breaking
Persons jointly concerned in lurking house-trespass or house breaking by night
punishable for qatl or hurt caused by one of them
Dishonestly breaking open receptacle containing property
Punishment for same offence when committed by person entrusted with custody

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE

OR PROPERTY MARKS

Forgery
Making a false document
Punishment for forgery
Forgery or record of Court or of public register, etc.
Forgery of valuable security, will, etc.
Forgery for purpose of cheating
Forgery for purpose of harming reputation
Forged document
Using as genuine a forged document
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
under Section 467
Making or possessing counterfeit sea), etc., with intent to commit forgery punishable
otherwise
Having possession of document described in Section 466 or 467 knowing it to be
forged and intending to use it as genuine
Counterfeiting device or mark used for authenticating documents described in
Section 467, or possessing counterfeit marked material
Counterfeiting device or mark used for authenticating documents other than those
described in Section 467, or possessing counterfeit marked material
Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable
security
477-A. Falsification of accounts

Of Trade, Property and Other Marks

Trade mark
Property mark
Using a false trade mark
Using a false property mark
Punishment for using a false trade-mark or property mark
Counterfeiting a trade mark or property mark used by another
Counterfeiting a mark used by a public servant
Making or possession of any instrument for counterfeiting a trade mark or property
mark.
Selling goods marked with a counterfeit trade mark or property mark
Making a false mark upon any receptacle containing goods
Punishment for making use of any such false mark
Tampering with property mark with intent to cause injury
Of Currency-Notes and Bank-Notes

489-A. Counterfeiting currency-notes or bank-notes
489-8. Using as genuine forged or counterfeit currency-notes or bank-notes
489-C. Possession of forged or counterfeit currency-notes or bank notes
489-D. Making or possessing-instruments or materials for forging or counterfeiting
currency-notes or bank-notes

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

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

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

Breach of contract of service during voyage or journey
Breach of contract to attend on any supply wants of helpless person
Breach of contract to serve at distant place to which servant is conveyed at master’s
expense

CHAPTER XX

OF OFFENCES RELATINGTO MARRIAGE

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Marrying again during lifetime of husband or wife
495- Same offence with concealment of former marriage from person with whom
subsequent marriage is contracted
Marriage ceremony fraudulently gone through without lawful marriage
Adultery
Enticing or taking away or detaining criminal intent a marriage woman

CHAPTER XXI
OF DEFAMATION

Defamation
Imputation of truth which public good requires to be made or published
Public conduct of public servants
Conduct of any person touching any public question
Publication of reports of proceedings of Courts
Merits of case decided in Court or conduct of witnesses and other concerned
Merits of public performance
Censure passed in good faith by person having lawful authority over another
Accusation preferred in good faith to authorised person
Imputation made in good faith by person for protection of his or other’s interest
Caution Intended for good of person to whom conveyed or for public good
Punishment for defamation
Printing or engraving matter known to be defamatory
Sale of printed or engraved substance containing defamatory matter

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Criminal intimidation
Intentional insult with intent to provoke breach of the peace
Statements conducing to public mischief
Punishment for criminal intimidation

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

Criminal intimidation by an anonymous communication
Act caused by inducing person to believe that he will be rendered an object of Divine
displeasure
Word, gesture or act intended to insult the modesty of a woman
Misconduct in public by a drunken person .
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
Punishment for attempting to commit offences punishable with imprisonment for life
or for a shorter terms.

CHAPTER – I

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

Title and extent of operation of the Code: This Act shall be called the Pakistan Penal
Code, and shall take effect throughout Pakistan.
Punishment of offences committed within Pakistan: Every person shall be liable
to punishment under this Code and not otherwise for every act or omission contrary to the
provisions thereof, of which he shall be guilty within Pakistan.
Punishment of offences committed beyond, but which by law may be tried within
Pakistan: Any person liable, by any Pakistani Law, to be tried for an offence committed
beyond Pakistan shall be dealt with according to the provision of this Code for any act
committed beyond Pakistan in the same manner as if such act had been committed within
Pakistan.
Extension of Code for extra-territorial offences: The provisions of this Code apply
also to any offence committed by”
[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without
and beyond Pakistan];
Sub-sec. (1) subs. by the Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.
(2)[As amended byA.0. 1949 Sch. has been omitted by AO.1961, Art. 2 and Sch. (w.e.f.
23rd March, 1956)];
(3) [Omitted by the Federal Laws (revision and Declaration) Ordinance, XXVII of 1981];
(4) any person on any ship or aircraft registered in Pakistan wherever it may be.
Explanation: In this section the word “offence” includes every act committed outside
Pakistan which, if committed in Pakistan, would be punishable under this Code.
Illustrations
(a) A a Pakistani subject, commits a murder in Uganda. He can be tried and convicted of
murder in any place in Pakistan in which he may be found.
(b) [Omitted by Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981].
[(c) C, a foreigner who is in the service of Pakistan commits a murder in London. He can
be tried and convicted of murder at any place in Pakistan in which he may be found.] Clause (c) subs. by the Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981.

(d) D, a British subject living in Junagadh, instigates E to commit a murder in Lahore. D
is guilty of abetting murder.
[5. Certain laws not to be affected by this Act: Nothing in this Act is intended to repeal,
vary, suspend or affect any of the provisions of any Act for punishing mutiny and desertion
of officers, soldiers, sailors or airmen in the service of the State or of any special or local
law].
Sec. 5 subs. by the Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981
CHAPTER II
GENERAL EXPLANATIONS

Definitions in the Code to be understood subject to exception: Throughout this
Code every definition of an offence, every penal provision and every illustration of every
such definition or penal provision, shall be understood subject to the exceptions contained
in the chapter entitled “General Exceptions,” though those exceptions are not repeated in
such definition, penal provision or illustration.
Illustrations
(a) The section in this Code, which contain definitions of offences, , do not express that a
child under seven years of age cannot commit such offence; but the definitions are to be
understood subject to the general exception which provides that nothing shall be an
offence which is done by a child under seven years of age.
(b) A, a police officer, without warrant, apprehends Z who has committed murder. Here A
is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend
Z, and, therefore, the case falls within the genera) exception ‘ which provides that “nothing
is an offence which is done by a person who is bound by law to do it.”
Sense of expression once explained: Every expression which is explained in any part
of this Code is used in every part of this Code in conformity with the explanation.
Gender: The pronoun “he” and its derivatives are used of any person, whether male or
female.
Number: Unless the contrary appears from the context, words importing the singular
number include the plural number, and words importing the plural number include
the singular number.
“Man”; “Woman”: The word “man” denotes a male human being of any age; the
words “woman” denotes a female human being of any age.
“Person”: The word “person” includes any Company or Association, or body of
persons, whether incorporated or not.
“Public”: The word “Public” includes any class of the public or any community.
Definition of “Queen”: [Omitted by A. 0., 1961, Art. 2 and Sched. (w.e.f. the 23rd
March, 1965)].
“Servant of the State”: The words “servant of the State” denote all officers or

servants continued/appointed or employed in Pakistan, by or under the authority of the-
Federal Government or any Provincial Government.

Definition of British-India ‘.[Rep. byA.0., 1937].
Definition of “Government of India”: [Rep. by AO. 1937].
“Government”: The word “Government” denotes the person or persons authorized by
law to administer executive Government in Pakistan, or in any part thereof.
Definition of Presidency: [Rep. byAO., 1937].
“Judge”: The word “Judge” denotes not only every person who is officially designated
as a Judge, but also every person,” Who is empowered by law to give, in any legal
proceeding, civil or criminal, a definitive judgment or a judgment which, if not appealed
against, would be definitive, or a judgment which, if confirmed by some other authority,
would be definitive, or
Who is one of a body of persons, which body of persons is empowered by law to give
such Judgment.
Illustrations
(a) [Omitted by the Federal Laws (Revision & Declaration Ordinance, XXV// of 1981].
(b) A Magistrate exercising jurisdiction in. respect of a charge on which he has power to
sentence to fine or imprisonment with or without appeal, is a Judge.
(c) [Rep. by the Federal Laws (Revision and Declaration) Act 1951 (26 of 1951), Section
3 and 11, Schedule].
(d) [Omitted by the Federal Laws (Revision & Declaration Ordinance, XXVII of 1981],
“Court of Justice”: The words “Court of Justice denote a Judge who is empowered
by law to act judicially alone, or a body of Judges which is empowered by law to act
judicially as a body, when such Judge or body of Judges is acting judicially.
“Public servant”: The words “public servant” denotes a person falling under any of
the descriptions herein after following, namely:-

First: [Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXV// of 1981].
Second: Every Commissioned Officer in the Military, Naval or Air Forces of Pakistan while
serving under the Federal Government or any Provincial Government;
Third: Every Judge;
Fourth: Every officer of a Court of Justice whose duty it is, as such officer, to investigate or
report on any matter of law or fact, or to make, authenticate, or keep any document, or to
take charge or dispose of any property, or to execute any judicial process, or to administer
any oath, or to interpret, or to preserve order in the Court; and every person specially
authorized by a Court of Justice to perform any of such duties;
Fifth: Every juryman, assessor, or member of a panchayat assisting a Court of Justice or
public servant;
Sixth: Every arbitrator or other person to whom any cause or matter has been referred for
decision or report by any Court of Justice, or by any other competent public authority;
Seventh ; Every person who holds any office by virtue of which he is empowered to place
or keep any person in confinement;
Eighth: Every officer of the Government whose duty it is, as such officer, to prevent
offences, to give information of offences, to bring offenders to justice, or to protect the
public health, safety or convenience;
Ninth: Every officer whose duty it is, as such officer, to take, receive, keep or expend any
property on behalf of the Government, or to make any survey, assessment or contract
on behalf of the Government, or to execute any revenue process, or to investigate, or to
report, or any matter affecting the pecuniary interests of the Government, or to make/
authenticate or keep any document relating to the pecuniary interests of the Government,
or to prevent the infraction of any law for the protection of the pecuniary interests of the
Government, and every officer in the service or. pay of the Government or remunerated by
fees or commission for the performance of any public duty;
Tenth : Every officer whose duty it is, as such officer, to take, receive, keep or expend any
property, to make any survey or assessment or to levy any rate or tax for any secular
common purpose of any village, town or district, or to make, authenticate or keep any
document for the ascertaining of the rights of the people of any village, town or district; .
Eleventh : Every person who holds any office in virtue of which he is empowered to
prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an
elections
Illustration
A Municipal Commissioner is a public servant.

Explanation 1 : Persons falling under any of the above descriptions are public servants,
whether appointed by the Government or not.
Explanation 2: Wherever the words “public servant” occur, they shall be understood of
every person who is in actual possession of the situation of a public servant, whatever
legal defect there may be in his right to hold that situation.
Explanation 3: The word “election” denotes an election for the purpose of selecting
members of any legislative, municipal or other public authority, of whatever character, the
method of selection to which is by, or under, any law prescribed as by election. .

Movable property: The words “movable property” are intended to include corporeal
property of every description, except land and thing attached to the earth, or permanently
fastened to anything which is attached to the earth.
Wrongful gain: “Wrongful gain” is gain by unlawful means of property to which the
person gaining is not legally entitled.
“Wrongful loss”: Wrongful loss” is the loss by unlawful means of property to which the
person losing it is legally entitled.
Gaining wrongfully, Losing wrongfully: A person is said to gain wrongfully when such
person retains wrongfully, as well as when such person acquires wrongfully. A person is
said to lose wrongfully when such person is wrongfully kept out of any property, as well as
when such person is wrongfully deprived of property.
“Dishonestly”: Whoever does anything with the intention of causing wrongful gain to
one person or wrongful loss to another person, is said to do that thing “dishonestly”.
“Fraudulently”: A person is said to do ,a thing fraudulently if he does that thing with
intent to defraud but not otherwise.
“Reason to believe”: A person is said to have “reason to believe” a thing if he has
sufficient cause to believe that thing but not otherwise.
Property in possession of wife, clerk or servant: When property is in the
possession of a person’s Wife, clerk or servant, on account of that person, it is in that
person’s possession within the meaning of this Code.
Explaination: A person employed temporarily on a particular occasion in the capacity of a
clerk, or servant, is a clerk or servant within the meaning of this section.
“Counterfeit”: A person is said to “counterfeit” who causes one thing to resemble
another thing, intending by means of that resemblance to practice deception, or knowing
it to be likely that deception will thereby be practiced.

Explanation 1: It is not essential to counterfeiting that the imitation should be exact.
Explanation 2: When a person causes one thing to resemble another thing, and the
resemblance is such that a person might be deceived thereby, it shall be presumed, until
the contrary is proved, that the person so causing the one thing to resemble the other
thing intended” by means of that resemblance to practice deception or knew it to be likely
that deception would thereby be practiced.

Document: The word “document” denotes any matter expressed or described upon
any substance by means of letters, figures or marks, or by more than one of those means,
intended to be used, or which may be used, as evidence of that matter.
Explanation 1 : It is immaterial by what means or upon what substance, the letters, figures
or marks are formed, or whether the evidence is intended for, or may be used in, a Court
of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the
contract, is a document.
A cheque upon a banker is a document.
A Power-of-Attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a
document.
A writing containing directions or instructions is a document.
Explanation 2: Whatever is expressed by means of letters, figures or marks as explained
by mercantile or other usage, shall be deemed to be expressed by such letter, figure
or marks within the meaning of this section, although the same may not be actually
expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of
the endorsement, as explained by mercantile usage is that the bill is to be paid to the
holder. The endorsement is a document and must be construed in the same manner as if
the words “pay to the holder” or words to that effect had been written over the signature.
“Valuable security”: The words “valuable security denote a document which is, or
purports to be a document whereby any legal right is created, extended, transferred
restricted, extinguished or released, or whereby, any person acknowledges that he lies
under legal liability, or has not certain legal right.
Illustration

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

“A will”: The words “a will” denote any testamentary document
Words referring to acts include illegal omissions : In every part of this Code,
except where contrary intention appears from the context, words which refer to acts done
extend also to illegal omission.
“Act”, “Omission”: The word “act” denotes as well a series of acts as a single act;
the word “omission” denotes as well a series of omissions as a single omission.
Acts done by several persons In furtherance of common intention: When a
criminal act is done by several persons, in furtherance of the common intention of all, each
such person is liable for that act in the same manner as if it were done by him alone.
When such an act is criminal by reason of its being done with a criminal
knowledge or intention : Whenever an act, which is criminal only by reason of its being
with a criminal knowledge or intention, is done by several persons, each of such persons
who joins in the act with such knowledge or intention is liable for the act in the same
manner as if the act were done by him alone with the knowledge or intention.
Effects caused partly by act and partly by omission: Whoever the causing of a
certain effect, or an attempt to cause that effect, by an act or by an omission, is an
offence, it is to be understood that the causing of that effect partly by an act and pertly by
an omission is the same offence.
Illustration
A intentionally causes Z’s death, partly by illegally omitting to give Z food and partly by
beating Z.A has committed murder.
Co-operation by doing one of several acts constituting an offence: When an
offence is committed by means of several acts, whoever intentionally co-operates in the
commission of that offence by doing any one of those acts, either singly or jointly with any
other person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times giving him small
dose of poison. A and B administer the poison according to the agreement with intent to
murder Z. Z dies from the effects of the several doses of poison so administered to him.
Here A and B intentionally co-operate in the commission of murder and as each of them
dose an act by which the death is caused, they are both guilty of the offence though their
acts are separate.

(B) A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately
for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in
causing that effect by illegally omitting, each during the time of his attendance, to furnish Z
with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of
the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z’s death, illegally
omits to supply Z with food; in consequence of which Z is much reduced in strength, but
the starvation is not sufficient to cause his death. A is dismissed from his office, and B
succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with
food, knowing that he is likely thereby to cause Z’s death, Z dies of hunger. B is
guilty of murder, but as A did not co-operate with B, A is guilty only of an attempt to
commit murder.

Persons concerned in criminal act may be guilty of different offences : Where
several persons are engaged or concerned in the commission of a criminal act, they may
be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be
only culpable homicide not amounting to murder. B having ill-will towards Z and intending
to kill him, and not having been subject to the provocation, assist A in killing Z. Here,
though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is
guilty only of culpable homicide.
“Voluntarily”: A person is said to cause an effect “voluntarily” when he causes it by
means whereby he intended to cause it, or by means which, at the time of employing
those means, he knew or had reason to believe to be likely to cause it.
Illustrations
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating
robbery and thus causes the death of a person. Here, A may not have intended to cause
death, and may even be sorry that death has been caused by his act; yet, if he knew that
he .was likely to cause death; he has caused death voluntarily.
“Offence”: Except in the chapters and sections mentioned in clauses 2 and 3 of this
section, the word “offence” denotes a thing made punishable by this Code. In Chapter IV,
Chapter V-A and in the following sections, namely, Sections 64, 65, 66, 67, 71, 109, 110,
114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214. 221, 222, 223. 224, 225, 327,
328.329,330.331,347,348, 388, 389 and 445, the word “offence” denotes a thing
punishable under this Code, or under, any/special or local law as hereinafter defined.
And in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word “offence” has
the same meaning when the thing punishable under the special or local law is punishable
under such law with imprisonment for a term of six months or upwards, whether with or
without fine.
“Special law”: A “special law” is a taw applicable to a particular subject.
“Local Law”: A “local law” is a law applicable only to a particular part of the territories
comprised in Pakistan.
43.Illegal–Legally bound to do” :The word “illegal” is applicable to everything which is
an offence or which is prohibited by law, or which furnishes ground for a civil action, and a
person is said to be “legally bound to do” whatever it is illegal in him to omit.
“Injury”: The “injury” denotes any harm. Whatever illegally caused to any person, in
body, mind, reputation or property.
“Life”: The word “life” denotes the life of a human being, unless the contrary appears
from the context.
“Death”: The word “death” denotes the death of a human being unless the contrary
appears from the context.
“Animal”: The word “animal” denotes any living creature other than a human being.
48.”Vessel”: The word “vessel” denotes anything made for the conveyance by water of
human beings or of property.
“Year”; “Month”: Wherever the word “year” or the word “month” is used, it is to be
understood that the year or the month is to be reckoned according to the British calendar.
“Section”: The word “section” denotes one of those portions of a chapter of this Code
which are distinguished by prefixed numeral figures.
“Oath”: The word “oath” includes a solemn affirmation substituted by law for an oath,
and any declaration required or authorized by law to be made before a public servant or,
to be used for the purpose of proof, whether in a Court of Justice or not.
“Good faith”: Nothing is said to be done or believed in “good faith” Which is done or
believed without due care and attention.
52-A. “Harbour”: Except in Section 157, and in Section, 130 in the case in which the
harbour is given by the wife or husband of a person harboured, the word “harbour”
includes the supplying a person with shelter, food, drink, money, clothes, arms;
ammunition or means of conveyance, or assisting a person by any means, whether of the
same kind as, those enumerated in this section or not, to evade apprehension. Section 52-A inst. by the Penal Code (Amendment) Act, VII! of 1942

CHAPTER III
OF PUNISHMENTS.

[53. Punishments: The punishments to which offenders are liable under the
provisions of this Code are:
Firstly, . Qisas;
Secondly, Diyat;
Thirdly, Arsh;
Fourthly, Daman;
Fifthly, Ta’zir;
Sixthly, Death;-
Seventhly, Imprisonment for life
Eighthly, Imprisonment which is of two descriptions, namely:–
,(i) Rigorous, i.e., with hard labour;
(ii) Simple;
Ninthly, Forfeiture of property;
Tenthly, Fine]
Section 53 subs. by the Criminal Law (Amendment) Act, II of 1997

Commutation of sentence of death : In every case in which sentence of death shall
have been passed the Federal Government or the Provincial Government of the
Province within which the offender shall have been sentenced may, without the consent of
the offender, commute the punishment for any other punishment provided by this Code:
[Provided, that, in a case in which sentence of death shall have been passed against an
offender convicted for an offence of qatl, such sentence shall not be commuted without
the consent of the heirs of the victim].
Proviso added by the Criminal Law (Amendment) Act, II of 1997
Commutation of sentence of imprisonment for life : In every case in which
sentence of imprisonment for life shall have been passed, the Provincial Government of
the Province within which the offender, shall have been sentenced may, without the
consent of the offender, commute the punishment for imprisonment of either description
for a term not exceeding fourteen years:
Provided that, in a case in which sentence of imprisonment for life shall have been passed
against an offender convicted for an offence punishable under Chapter XVI, such
punishment shall not be commuted without the consent of the victim or, as the case may
be, of his heirs.
Proviso added by the Criminal Law (Amendment) Act, II of 1997
55-A. Saving for President prerogative : Nothing in Section fifty-four or Section fifty-five
shall derogate from the right of the President to grant pardons, reprieves, respites or
remissions of punishment:

Provided that such right shall not without the consent of the victim or, as the case may be.
of the heirs of the victim, be exercised for any sentence awarded under Chapter XVI],
Section 55-A and proviso ins. by A.O., 1937.

Sentence of Europeans and Americans to penal servitude: [Rep. by the Criminal Law
(Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.]
Fractions of terms of punishment: In calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to imprisonment for twenty-five
years.
Offenders sentenced to transportation how dealt with until, transported: [Omitted by
the Law Reforms Ordinance, XII of 1972, S. 2].
Transportation instead of imprisonment: [Omitted by the Law Reforms Ordinance, XII
of 1972, S. 2].
Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or
simple: In every case in which an offender is punishable with imprisonment which may be
of either description, it shall be competent to the Court which sentences such offender to
direct in the sentence that such imprisonment shall be wholly rigorous, or that such
imprisonment shall be wholly simple, or that any part of such imprisonment shall be
rigorous and the rest simple.
Sentence of forfeiture of property: [Repealed by .the Penal Code (Amendment) Act,
XVI of 1921, S. 4].
Forfeiture of property, in respect of offenders punishable with death, transportation or
imprisonment : [Repealed by the Penal Code (Amendment) Ad, XVf of 1921, S. 4].
Amount of fine: Where no sum is expressed to which a fine may extend, the amount
of fine to which the offender is liable is unlimited, but shall not be excessive.
Sentence of imprisonment for non-payment of fine: In every case of an offence
punishable with imprisonment as well. as fine, in which the offender is sentenced to a fine,
whether with or without imprisonment, and in every case of an offence punishable with
imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall
be competent to the Court which sentences such offender to direct by the sentence that,
in default of payment of the fine, the offender, shall suffer imprisonment for a certain term,
which imprisonment shall be. in excess of any other imprisonment to which he may have
been sentenced or to which he may be liable under a commutation of a sentence.
Limit to imprisonment for non-payment of fine when imprisonment and fine
awardable: The term for which the Court directs the offender to be imprisoned in
default of payment of a fine shall, not exceed one-fourth of the term of imprisonment,
which is the maximum fixed for the offence, if the offence be punishable with
imprisonment as well as fine.
Description of imprisonment for non-payment of fine : The imprisonment which
the Court imposes in default of payment of a fine may be of any description to which the
offender might have been sentenced for the offence.
Imprisonment for non-payment of fine When offence punishable with fine only: If
the offence be punishable with fine only: the imprisonment which the Court
imposes in default of payment of the fine shall be simple, and the term for which the Court
directs the offender to be imprisoned, in default of payment of fine, shall not exceed the
following scale that is to say, for any term not exceeding two months when the amount of
the fine shall not exceed fifty rupees, and for any term not exceeding four months when
the amount shall not exceed, one hundred rupees, and for any term not exceeding six
months in any other case.
Imprisonment to terminate on payment of fine: The imprisonment which is imposed
in default of payment of a fine shall terminate whenever that fine is either paid or levied by
process of law.
Termination of imprisonment on payment of proportional part of fine: If, before
the expiration of the term of imprisonment fixed in default of payment, such a proportion
of the fine be paid or levied that the term of imprisonment suffered in default of payment is
not less than proportional to the part of the fine still unpaid, the imprisonment shall
terminate.
Illustration
A is sentenced to fine of one hundred rupees and to four months, imprisonment in default
of payment. Here, seventy-five rupees of the fine be paid or levied before the expiration of
one month of the imprisonment. A will be discharged as soon as the first month has
expired, if seventy-five rupees be paid or levied at the time of the expiration of the first
month, or at any later time while .A continues imprisonment. A will be immediately
discharged, if fifty rupees of the fine be paid or levied before the expiration of two months
of the imprisonment, A will be discharged as soon as the two months are completed, if fifty
rupees be paid or levied at the time of the expiration of those two months, or at any later
time while A continues in imprisonment, A will be immediately discharged.
Fine leviable within six years, or during imprisonment-Death not to discharge
property from liability : The fine or any part thereof which remains unpaid, may be levied
at any time within six years after the passing of the sentence/and if, under the sentence,
the offender be liable to imprisonment for a longer period than six years, then at any time
previous to the expiration of that period; and the death of the offender dose not discharge
from the liability any property which would, after his death, be legally liable for his debts.
Limit of punishment of offence made up of several offences: where anything
which is an offence is made up of parts, any of which parts is itself an offence, the
offender shall not be punished with the punishment of more than one of such his offences,
unless it be so expressly provided.

Where anything Is an offence falling within two or more separate definitions of any
law in force for the time being by which offences are defined or punished, or
Where several acts, of which one or more than one would by itself or themselves
constitute an offence, constitute, when combined, a different offence, the offender shall
not be punished with a more severe punishment than the Court which tries him could
award for any one of such offence.
Illustrations
(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of
voluntarily causing hurt to Z by the whole beating, and also by each of the blows which
makes up the whole beating. If were liable to punishment for every blow, they might be
imprisoned for fifty years, one for each blow. But he is liable only to one punishment for
the whole beating.
(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here as the blow
given to Y is no part of the act whereby A voluntarily cause hurt to Z, A is liable to one
punishment, for voluntarily causing hurt to Z, and to another for the blow given to Y.

Punishment of person guilty of one of several offences, the judgment stating
that it is doubtful of which: In all cases in which judgment is given that a person is
guilty of one of several offences specified in the judgment, but that it is doubtful of which of
these offences he is guilty, the offender shall be punished for the offence for which the
lowest punishment is provided if the same punishment is not provided, for all.
Solitary confinement: Whenever any person is convicted of an offence for which
under this Code the Court has power to sentence him to rigorous imprisonment, ,the Court
may, by its sentence, order that the offender shall be kept in solitary confinement for any
portion or portions of the imprisonment to which he is sentenced, not exceeding three
months in the whole, according to the following scale, that is to say”
a time not exceeding one month if the term of imprisonment shall not exceed six months;
a time not exceeding two months if the term of imprisonment shall exceed six months and
shall not exceed one year;
a time not exceeding three months if the term of imprisonment shall exceed one year.
Limit of solitary confinement: in executing a sentence of solitary confinement, such
confinement shall in no case exceed fourteen days at a time, with intervals between the
period of solitary confinement of not less duration than such periods, and when the
imprisonment awarded shall exceed three months, the solitary confinement shall not
exceed seven days in any one month of the whole imprisonment awarded, with intervals
between the periods of solitary confinement of not less -duration than such periods.
Enhanced punishment for certain offenders under Chapter XII or Chapter XVII
after previous conviction : Whoever, having been convicted”
(a) by a Court in Pakistan of an offence punishable under Chapter XII or Chapter XVII of
this Code with imprisonment of either description for a term of three years or upwards, or
(b) [Omitted by thQ Federal Laws (Revision and Declaration), Ordinance, XXV// of 1981].
shall be guilty of any offence punishable under either of those Chapters with the
imprisonment for the like term, shall be subject for every such subsequent offence to
imprisonment for life, or to imprisonment of either description for a term which may extend
to ten years.

CHAPTER IV
GENERAL EXCEPTIONS

Act done by a person bound, or by mistake of fact believing himself bound, by
law: Nothing is an offence which Is done by a person who is, or who by reason of a
mistake of fact and not reason of a mistake of law in good faith believes himself to be,
bound by law to do it.
Illustrations
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity, with the
commands of the law. A has committed no offence.
(b) A an officer of a Court of Justice, being ordered by that Court to arrest Y and after due
enquiry, believing Z to be Y arrests Z. A has committed no offence.
Act of Judge when acting judicially: Nothing is an offence which is done by a Judge
when acting judicially in the exercise of any power which is, or which in good faith he
believes to be,’ given to him by law.
Act done pursuant to the judgment or order of Court: Nothing which is done in
pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if
done whilst such judgment or order remains in force, is an offence, notwithstanding the
Court may have had no jurisdiction to pass such judgment or order, provided the person
doing the act in good faith believes that the Court had such jurisdiction.
Act done by a person justified, or by mistake of fact believing himself justified,
by law: Nothing is an offence which is done by any person who is justified by law, or who
by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes
himself to be justified by law, in doing it.
Illustration

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his
judgment, exerted in good faith of the power which the law gives to all persons of
apprehending murders in the act, seizes Z, in order to bring Z before the proper

authorities. A has committed no offence, though it may turn out that Z was acting in self-
defence.

Accident in doing a lawful act: Nothing is an offence which is done by accident or
misfortune, and without any criminal intention or knowledge in the doing of a lawful act
in a lawful manner by lawful means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if
there was no want of proper caution on the part of A, his act is excusable and not an
offence.
Act likely to cause harm, but done without criminal intent, and to prevent other
harm: Nothing is an offence merely by reason of its being done with the knowledge
that it is likely to cause harm, if it be done without any criminal intention to cause harm,
and in good faith for the purpose of preventing or avoiding other harm to person or
property.
Explanation : It is a question of fact in such a case whether the harm to be prevented or
avoided was of such a nature and so imminent as to justify or excuse the risk of doing
the act with the knowledge that it was likely to cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his
part, finds himself in such a position that, before he can stop his vessel, he must inevitably
run down a boat B, with twenty or thirty passengers on board; unless he changes the
course of his vessel, and that, by changing his course, he must incur risk of running down
a boat C with only two passengers on board, which he may possibly clear Here, if A alters
his course without any intention to run down the boat C and in good faith for the purpose
of avoiding the danger to the passengers in the boat B, he is not guilty of an offence,
though he may run down the boat C by doing an act which he knew was likely to cause
that effect, if it be found as a matter of fact that the danger which he intended to avoid was
such as to excuse him incurring the risk of running down C.
(b)A, in a great fire, pulls down houses in order to prevent the conflagration from
spreading. He does this with the intention in good faith of saving human life or property.
Here, if it be found that the harm to be prevented was of such a nature and so imminent
as to excuse A’s act, A is not guilty of the offence.
Act of a child under seven years of age: Nothing is an offence, which is done by a
child under seven years of age.
Act of a child above seven and under twelve of immature understanding: Nothing
is an offence which is done by a child above seven years of age and under twelve,
who has not attained sufficient maturity of understanding to judge of the nature and
consequences of his conduct on that occasion.
Act of a person of unsound mind: Nothing is an offence which is done by a person
who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing
the nature of the act, or that he is doing what is either wrong.. or contrary to law.
Act of a person incapable of Judgment by reason of intoxication caused against
his will: Nothing is an offence which is done by a person who, at the time of doing it,
is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing
what is either wrong, or contrary to law; provided that the thing which intoxicated him was
administered to him without his knowledge or against his will.
Offence requiring a particular intent or knowledge committed by one who is
intoxicated: In cases where an act done is not an offence unless done with a particular
knowledge or intent, a person who dose the act in a state of intoxication shall be liable to
be dealt with as if he had the same knowledge as he would have had if he had not been
intoxicated, unless the thing which intoxicated him was administered to him without his
knowledge or against his will.
Act not Intended and not known to be likely to cause death or grievous hurt,
done by consent: Nothing which is not intended to cause death, or grievous hurt, and
which is not known by doer to be likely to cause death, or grievous hurt, is an offence by
reason of any harm which it may cause, or be intended by the doer to cause, to any
person, above eighteen years of age, who has given consent, whether express or implied,
to suffer that harm; or by reason of any harm which it may be known by the doer to be
likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the
consent of each to suffer any harm which in the course of such fencing, may be caused
without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
Act not intended to cause death, done by consent in good faith for person’s
benefit: Nothing, which is not intended to cause death, is an offence by reason of any
harm which it may cause, or be intended by the doer to cause, or be known by the doer to
be likely to cause, to any person for whose benefit it is done in good faith, and who has
given a consent, whether express or implied, to suffer that harm, or to take the risk of that
harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause of death of Z, who
suffers under the painful complaint, but not intending to cause Z’s death, and intending, in

good faith for Z’s benefit, performs that operation on Z. with Z’s consent. A has-committed
no offence.

Act done In good faith for benefit of child or insane person, by or by consent of
guardian: Nothing which is done in good faith for the benefit of a person under twelve
years of age, or of unsound mind, by or by consent, either express or implied, of the
guardian or other person having lawful charge of that person, is an offence by reason of
any harm which it may cause, or be intended by the doer to cause or be known by the
doer to be likely to cause to that person:
Provided First: That this exception shall not extend to the intentional causing of death, or
to the attempting to cause death;
Secondly: That this exception shall not extend to the doing of anything which the person
doing it knows to be likely to cause death, for any purpose other than the preventing of
death or grievous hurt; or the curing of any grievous disease or infirmity;
Thirdly: That this exception shall not extend to the voluntary causing of grievous hurt, or to
the attempting to cause grievous hurt, unless it be for the purpose of preventing death or
grievous hurt, or the curing of any grievous disease or infirmity;
Fourthly: That this exception shall not extend to the abetment of any offence, to the
committing of which offence it would not extend.
Illustration
A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the
stone by “a surgeon, knowing it to be likely that the operation will cause the child’s death,
but not intending to cause the child’s death. A is within the exception, inasmuch as his
object was the cure of the child.
Consent known to be given under fear or misconception: A consent is not such a
consent as is intended by any action of this Code, if the consent is given by a person
under fear of injury, or under a misconception of fact, and if the person doing the act
knows, or has reason to believe, that the consent was given in consequence of such
fear or misconception; or
Consent of insane person: If the consent is given by a person who, from unsoundness
of mind, or intoxication, is unable to understand the nature and consequence of that to
which he gives his consent; or
Consent of child: Unless the contrary appears from the context, if the consent is given by
a person who is under twelve years of age.
Exclusion of acts which are offences independently of harm caused : The
exceptions in Sections 87, 88 and 89 do not extend to acts which are offences

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

Act done in good faith for benefit of a person without consent: Nothing an offence
by reason of any harm which it may cause to a person by whose benefit it is done in good
faith even without that person’s consent, if the Circumstances are such that is impossible
for that person to signify consent, or if that person is incapable of giving consent, and has
no guardian or other person in lawful charge of him from whom it is possible to obtain
consent in time for the thing to be done with benefit:
Provided First: That this exception shall not extend to the intentional causing of death, or
the attempting to cause death;
Secondly: That this exception shall not extend to the doing of anything which the person
doing it knows to be likely to cause death, for any purpose other than the preventing of
death or grievous, hurt, or the curing of any grievous disease or infirmity;
Thirdly: That this exception shall not extend to the voluntary causing of hurt, or to the
attempting to cause hurt for any purpose other than the preventing of death or hurt;
Fourthly: That this exception shall not extend to the abetment of any offence, to the
committing of which offence it would not extend.
Illustration
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be
trepanned. A not Intending Z’s death but in good faith for Z’s benefit, performs the trepan
before Z recovers his power of judging for himself. A has committed no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill
Z, but not intending to kill Z, and in good faith intending Z’s benefit A’s ball gives Z a
mortal wound. A has committed no offence.
(c) A, a surgeon, sees child suffer an accident which is likely to prove fatal unless an
operation be immediately performed. There is no time to apply to the child’s guardian. A
performs the operation in spite of the entreaties of the child, intending, in good faith, the
child’s benefit. A has committed no offence.

(d) A is in a house which is on fire with Z, a child. People below hold out a blanket. A
drops the child from the house-top, knowing it to be likely that the fall may kill the child, but
not intending to kill the child and intending, in good faith, the child’s benefit. Here even, if
the child is killed by the fall, A has committed no offence.
Explanation : Mere pecuniary benefit is not benefit within the meaning of Sections 88,89
and 92.

Communication made in good faith: No communication made in good faith is an
offence by reason of any harm to the person to whom it is made for the benefit of that
person. ‘
Illustration
A, a surgeon, in good-faith, communicates to a patient his opinion that he cannot live. The
patient dies in consequence of the shock. A has committed no offence, though he knew it
to be likely that the communication might cause the patient’s death.
Act to which a person is compelled by threats: Except murder, and offences
against the State punishable with death, nothing is an offence which is done by a person
who is compelled to do it by threats, which, at the time of doing it, reasonably cause the
apprehension that instant death to that person will otherwise be the consequence:
Provided the person doing the act did not of his own accord, or from a reasonable
apprehension of harm to himself short of instant death, place himself in the situation by
which he became subject to such constraint.
Explanation 1: A person who, of his own accord, or by reason of a threat of being beaten,
joins a gang of dacoits, knowing their character, is not entitled to the benefit of this
exception on the ground” of his having been compelled by his associates to do anything
that is an offence by law.
Explanation 2: A person seized by a gang of dacoits, and forced by threat of instant death,
to do a thing, which is an offence by law; for example, a smith compelled to take his
tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to
the benefit of this exception.
Act causing slight harm: Nothing is an offence by reason that it causes, or that it is
intended to cause, or that it is known to be likely to cause, any harm, if that harm. is so
slight that no person of ordinary sense and temper would complain of such harm.
Of the right of Private Defence
Things done in private defence: Nothing is an offence which is done in the exercise
of the right of private defence.
Right of private defence of the body and of property: Every person has a right,
subject to the restrictions contained in Section 99, to defend;

First: His own body, and the body of any other person, against any offence affecting the
human body;
Secondly: The property, whether movable or immovable, of himself or of any other
person, against any act which is an offence falling under the definition of theft, robbery,
mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or
criminal trespass.

Right of private defence against the act of a person of unsound mind, etc.: When
an act, which would otherwise be a certain offence, is not that offence, by reason of
the youth, the want of maturity of understanding, the unsoundness of mind or the
intoxication of the person doing that act, or by reason of any misconception on the part of
that person, every person has the same right of private defence against that act which he
would have if the act were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence, but A
has the same right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z in good faith, taking A
for a house-breaker, attacks A. Here Z by attacking A under this misconception, commits
no offence. But A has the same right of private defence against Z, which he would have if
Z were not acting under that misconception.
Act against which there is no right of private defence: There is no right of private
defence against an act which dose not reasonably cause the apprehension of death
or of grievous hurt, if done, or attempted to be done by a public servant acting in good
faith under colour, of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which dose not reasonably
cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by
the direction of a public servant acting in good faith under colour of his office though that
direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the
protection of the public authorities.
Extent to which the right may be exercised : The right of private defence in no
case extends to the inflicting of more harm than it is necessary to inflict for the purpose of
defence.
Explanation 1 :A person is not deprived of the right of private defence against an act done,
or attempted to be done, by a public servant, as such, unless he knows, or has reason
to believe, that the person doing the act is such public servant.

Explanation 2: A person is not deprived of the right of private defence against an act done,
or attempted to be done, by the direction of a public servant, unless he knows, or has
reason to believe, that the person doing the act is acting by such direction, or unless such
person states the authority under which he acts, or if he has authority in writing, unless he
produces such authority, if deemed.

When the right of private defence of the body extends to causing death: The
right of private defence of the body extends, under the restrictions mentioned in the last
preceding section, to the voluntary causing of death or of any other harm to the assailant,
if the offence which occasions the exercise of the right be of any of the descriptions
hereinafter enumerated, namely:–
First: Such an assault as may reasonably cause the apprehension that death will
otherwise be the consequence of such assault;
Secondly : Such an assault as may reasonably cause the apprehension that grievous hurt
will otherwise be the consequence of such assault;
Thirdly: An assault with the intention of committing rape;
Fourthly: An assault with the intention of gratifying unnatural lust.
Fifthly: An assault with the intention of kidnapping or abduction.
Sixthly: An assault with the intention of wrongfully confining a person, under
circumstances which may reasonably cause him to apprehend that he will be unable to
have recourse to the public authorities for his release.
When such right extends to causing any harm other than death: If the offence
be not of any of the descriptions enumerated in the last preceding section, the right of
private defence of the body dose not extend to the voluntary causing of death to the
assailant, but dose extend, under the restrictions mentioned in Section 99 to the voluntary
causing to the assailant of any harm other than death.
Commencement and continuance of the right of private defence of the body:
The right of private defence of the body commences as soon as a reasonable
apprehension .of danger to the body arises from an attempt or threat to commit the
offence though the offence may not have been committed; and it continues as long as
Such apprehension of danger to the body continues.
When the right of private defence of property extends to causing death: The
right of private defence of property extends, under the restrictions mentioned in Section
99, to the voluntary Causing of death or of any other harm to the wrong-doer, if the
offence, the committing of which, or the attempting to commit which, occasions the
exercise of the right, be an offence of any of the descriptions hereinafter enumerated,
namely:- .

First: Robbery;
Secondly : House-breaking by night;
Thirdly : Mischief by fire committed on any building, tent or vessel, which building, tent or
vessel is used as a human dwelling or as a place for the custody of property;
Fourthly : Theft, mischief or house-trespass, under such circumstances as may
reasonably cause apprehension that death or grievous hurt will be the consequence, if
such right of private defence is not exercised.

When such right extends to causing any harm other than death : If the offence,
the committing of which, or the attempting to commit which, occasions the exercise of the
right of private defence, be theft, mischief or criminal trespass, not of any of the
descriptions enumerated in the last preceding section that right dose not extend, to the
voluntary causing of death, but dose extend, subject to the restrictions mentioned
in Section 99, to the voluntary causing to the wrong-doer of any harm other than death.
Commencement and continuance of the right of private defence of property:
The right of private defence of property commences when a reasonable apprehension of
danger to the property commences.
The right of private defence of property against theft continues tilt the offender has
effected his retreat with the property or either the assistance of the public authorities is
obtained, or the property has been recovered.
The right of private defence of property against robbery Continues as long as the offender
causes or attempts to cause to any person death or hurt or wrongful restraint or as long as
the fear of instant death or of instant-hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as
long as the offender continues in the commission of criminal trespass or mischief.
The right of private defence of property against house breaking by night continues as long
as the house-trespass which has been begun by such house-breaking continues.
Right of private defence against deadly assault when there is risk of harm to
innocent person: If in the exercise of the right of private defence against an assault
which reasonably causes the apprehension of death, the defender be so situated that he
cannot effectually exercise that right without risk of harm to an innocent person, his right of
private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He can not effectually exercise his
right of private defence with out firing on the mob, and he cannot fire without risk of

harming young children who are mingled with the mob. A commits no offence if by so
firing he harms any of the children.

CHAPTER V
OF ABETMENT

Abetment of a thing : A person abets the doing of a thing, who:
First: Instigates any person to do that thing; or
Secondly: Engages with one or more other person or, persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy,
And in order to the doing of that thing; or
Thirdly : Intentionally aids, by any act or illegal omission, the doing of that thing. .
Explanation 1 : A person who, by wilful misrepresentation, or by wilful concealment of a
material fact which he is bound to disclose, voluntarily causes or procures, or attempts to
cause or procures a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z, B,
knowing that fact and also that C is not Z, wilfully presents to A that C is Z, and thereby
intentionally cause A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2 : Whoever, either prior to or at the time of commission of an act, does
anything in order to facilitate the commission of that act, and thereby facilitates the’
commission thereof, is said to aid the doing of that act.
Abettor: A person abets an offence, who abets either the commission of an offence,
or the commission of an act which would be an offence, if committed by a person capable
by law of committing an offence with the same Intention or knowledge as that of the
abettor.
Explanation 1 : The abetment of the illegal omission-of an act may amount to an offence
although the abettor may not himself be bound to do that act.
Explanation 2 : To constitute the offence of abetment it is not necessary that the act
abetted should be committed, or that the effect requisite to constitute the offence should
be caused.
Illustrations
(a) A instigates 8 to murder C, B refuses to do so. A is guilty of abetting B to commit
murder.

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from
the wound. A is guilty of instigating B to commit murder.
Explanations 3: It is not necessary that the person abetted should be capable by law of
committing an offence, or that he should have the same guilty intention or knowledge as
that of the abettor or any guilty intention or knowledge.
Illustration
(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an
offence, if committed by a person capable by law of committing an offence, and having the
same intention as A. Here A whether the act be committed or not, is guilty of abetting an
offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to
do an act which causes Z’s death. B, in consequence of the abetment, does the act in the
absence of A and thereby, cause Z’s death. Here, though B was not capable by law of
committing an offence, A is liable to be punished in the same manner as if B had been
capable by law of committing ah offence, and had committed murder, and he is therefore
subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house, B, in consequence of the unsoundness of
his mind, being incapable of knowing the nature of the act, or that he is doing what is
wrong or contrary to law, sets fire to the house in consequence of As instigation. B has
committed no offence, but A is guilty, of abetting the offence of setting fire to a dwelling
house, and is liable to the punishment provided for that offence.
(d) A intending to cause a theft to be committed, instigates B to take property belonging to
Z out of Z’s possession. A includes B to believe that the property belongs to A. B takes the
property out of Z’s possession in good faith, believing it to be A’s property. B, acting under
this misconception, does not take dishonestly, and therefore does not commit theft. But is
guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4: The abetment of an offence being an offence, the abetment of such an
abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and
commits that offence in consequence of B’s instigation. B is liable to be punished for his
offence with the punishment for murder; and as A instigated B to commit the offence, A is
also liable to the same punishment.
Explanation 5: It is not necessary to the commission of the offence of abetment by
conspiracy that the abettor should concert the offence with the person who commits it. It is
sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Illustration

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A concerts with B a plan for poisoning-Z. it is agreed that A shall administer the poison. 6
then explains the plan to C mentioning that a third person to administer the poison, but
without mentioning A’s name. C agrees to procure the poison and procures and delivers it
to B for the purpose of its being used in the manner explained. A administer the poison;
Z dies in consequence. Here, though A and C have not conspired together, yet C has
been engaged in the conspiracy in pursuance of which Z has been murdered. C has,
therefore, committed the offence defined in this section and is liable to the punishment for
murder.
[108-A. Abetment in Pakistan of offences outside it: A person abets an offence within
the meaning of this Code who, in Pakistan, abets the commission of any act without and
beyond Pakistan which would constitute an offence committed in Pakistan.]
Illustration
A, in Pakistan, instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of
abetting murder.
Sec. 108-A added by the Penal Code Amendment Act IV of 1898

Punishment of abetment if the Act abetted committed In consequence and
where no express provision is made for its punishment: Whoever abets any offence
shall, if the act abetted is committed in consequence of the abetment, and no express
provision is made by this Code, for the punishment of such abetment, be punished with
the punishment provided for the offence:
[Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in
Chapter XVI shall be liable to punishment of ta’zir specified for such offence including
death.]
Explanation : An act or offence is said-to be committed in consequence of abetment, when
it is committed in consequence of the instigation, or in pursuance of the conspiracy, or
with the aid which constitutes the abetment.
Illustration
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the
exercise of B’s official functions. 6 accepts the bribe. A has abetted the offence defined in
Section 161,
(b) A instigates B to give false evidence. B, in consequence of the instigation commits that
offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison
and delivers it to B in order that he may administer it to Z. B. in pursuance of the
conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death.
Here B is guilty of murder. A is guilty, of abetting that offence by conspiracy, and is liable
to the punishment for murder.

Proviso added by the Criminal Law (Amendment) Act, II of 1997.

Punishment of abetment if person abetted does act with different intention
from that of abettor: Whoever abets the commission of an offence shall, if the person
abetted does the act with a different intention or knowledge from that of the abettor, be
punished with the punishment provided for the offence which would have been committed
if the act had been done with intention or knowledge of the abettor and with no other.
Liability of abettor when one act abetted and different act done : When an act is
abetted and a different act is done, the abettor is liable for the act done, in the same
manner and to the same extent as if he had directly, abetted it:
Proviso: Provided the act done was a probable consequence of the abetment; and was
committed under the influence of the instigation, or with the aid or in pursuance of the
conspiracy which constituted the abetment.
Illustrations
(a) A instigates a child to put poison into the food of Z, and gives him poison for that
purpose. The child, in consequence of the instigation, by mistake puts the poison into the
food of Y, which is by the side of that of Z. Here if the child was acting under the influence
of A’s instigation, and the act done was under the circumstances a probable consequence
of the abetment, A is liable in the same manner and to the same extent as if he had
instigated the child to put the poison into the food of.
(b) A instigates B to burn Z’s house. B sets fire to the house and at the same time commits
theft of property there. A. though guilty of abetting the burning of the house, is not guilty of
abetting the theft; for the theft was a distinct act, and not a probable consequence of the
burning.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of
robbery and provides them with arms for that purpose, B and C break into the house, and
being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable
consequence of the abetment. A is liable to the punishment provided for murder.
Abettor when liable to cumulative punishment for act abetted and for act done:
If the act for which the abetter is liable under the last preceding section is committed in
addition to the act abetted, and constitutes a distinct offence, the abettor is liable to
punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant, B in consequence,
resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the
officer executing the distress. As B has committed both the offence of resisting the
distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for
both these offences; and: if A knew that B was likely voluntarily to cause grievous hurt
in resisting the distress A will also be liable to punishment for each of the offences.
Liability of abettor for an effect caused by the act abetted different from that
intended by the abettor: When an act is abetted with the intention on the part
of the abettor of causing a particular effect and an act for which the abettor is liable in
consequence of the abetment, causes a different effect from that intended by the abettor,
the abettor is liable for the effect caused, in the same manner and to the same extent as if
he had abetted the act with the intention of causing that effect, provided he knew that the
act abetted was likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z B, In consequence of the instigation, causes
grievous hurt to Z. 2 dies in consequence. Here, if A knew that the grievous hurt abetted
was likely to cause death, A is liable to be punished with the punishment provided for
murder.
Abettor present when offence is committed : Whenever any person, who if absent
would be liable to be punished as an abettor, is present when the act or offence for which
he would be punishable in consequence of the abetment is committed, he shall be
deemed to have committed such act or offence.
Abetment of offence punishable with death or imprisonment for life If offence
not committed : Whoever abets the commission of an offence punishable with death or
imprisonment for life, shall, if that offence be not committed in consequence of the
abetment, and no express provision is made by this Code for the punishment of such
abetment be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
If act causing harm be done in consequence: And if any act for which the abettor is
liable in consequence of the abetment, and which cause hurt to any person, is done, the
abettor shall be liable to imprisonment of either description for a term which may extend to
fourteen years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would
have been subject to the punishment of death or transportation for fife. Therefore A is
labile to imprisonment for a term which may extend to seven years and also to a tine; and
if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment
for a term which may extend to fourteen years, and to fine.
Abetment of offence punishable with imprisonment-if offence be not
committed: Whoever abets an offence punishable with imprisonment shall, if that offence
be not committed in consequence of the abetment, and no express provision is made by
this Code for the punishment of such abetment, be punished with imprisonment of any
description provided for that offence for a term which may extend to one-fourth part of the.
longest term provided for that offence; or with such fine as is provided for that offence; or
with both.

If abettor or person abetted be a public servant whose duty it is to prevent offence:
And if the abettor or the person abetted is a public servant, whose duty it is, to prevent
the commission of such offence, the abettor shall be punished with imprisonment of any
description provided for that offence, for a term which may extend to one-half of the
longest term provided for that offence, or with such fine as is provided for the offence, or
with both.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the
exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this
section.
(b) A instigates B to give false evidence. Here, if B does hot give false evidence A has
nevertheless committed the offence defined in this section, and is punishable accordingly.
(c) A, police officer, whose duty it is. To prevent robbery, abets the commission of robbery.
Here, though the robbery be not committed, A is liable to one-half of the longest term of
imprisonment proved for that offence, and also to fine.
(d) B abets the commission of a robbery by H, a police officer, whose duty it is to prevent
that offence. Here though the robbery be not committed, B is liable to one-half of the
longest term of imprisonment provided for the offence of robbery, and also to fine.

Abetting commission of offence by the public or by more than ten persons:
Whoever abets the commission of an offence by the public generally or by any number or
class of persons exceeding ten, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten
members to meet at a certain time and place, for the purpose of attacking the members of
an adverse sect, while engaged in a procession. A has committed the offence defined in
this section.
Concealing design to commit offence punishable with death or
Imprisonment for life if offence be committed: Whoever intending to facilitate or
knowing it to be likely that he will thereby facilitate the commission of an offence
punishable with death or imprisonment of life, voluntarily conceals by any act or illegal
omission, the existence of design to commit such offence or makes any representation
which he knows to be false respecting such design,
if offence be not committed : Shall, if that offence be committed, be punished with
imprisonment of either description for a term which may extend to seven years, or, if
the offence be not committed, with imprisonment of either description for a term which
may extend to three years; and in either case shall also be liable to fine.

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

Public servant concealing design to commit offence which it is his duty to
prevent: Whoever, being a public servant intending to facilitate or knowing it to be likely
that he will thereby facilitate the commission of an offence which it is his duty as such
public servant to prevent, voluntarily conceals, by any act or illegal omission, the
existence of a design to commit such offence, or makes any representation which he
knows to be false respecting such design, if offence be committed: shall, if the offence be
committed, be punished with imprisonment of any description provided for the offence, for
a term which may extend to one half of the longest term of such imprisonment, or with
such fine as is provided for that offence, or with both;
if offence be punishable with death, etc: or if the offence be punishable with death or
imprisonment for life with imprisonment of either description for a term which may
extend to ten years;
if offence be not committed : or, if the offence be not committed, shall be punished with
imprisonment of any description provided for the offence for a term which may extend to
one-fourth part of the longest term of such imprisonment or with such fine as is provided
for the offence, or with both.
Illustration
A, an officer of police, being legally bound to give information of all design as to commit
robbery, which may come to his knowledge, and knowing that B designs to commit
robbery, omits to give such information, with intent to facilitate the commission of that of
that offence. Here A has by an illegal omission concealed the existence of 6’s design, and
is liable to punishment according to the provisions of this section.
Concealing design to commit offence punishable with imprisonment:
Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate
the commission of an offence punishable with imprisonment, voluntarily conceals, by any
act or illegal omission, the existence of a design to commit such offence, or makes any
representation which he knows to be false respecting such design,
if offence be committed; if offence be not committed : Shall, if the offence be
committed, be punished with imprisonment of the description provided for the offence,

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

offence, or with both.

CHAPTER V-A

CRIMINAL CONSPIRACY
120-A. Definition of criminal conspiracy : When two or more persons agree to do, or
cause to be done,
(1) an illegal act, or
(2) an act which is not illegal by illegal means such an agreement is designated a criminal
conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a
criminal conspiracy unless some act besides the agreement is done by one or more
parties to such agreement in pursuance thereof.
Explanation : It is immaterial whether the illegal act is the ultimate object of such
agreement, or is merely incidental to that object.
120-B. Punishment of criminal conspiracy : (1) Who ever is a party to a criminal
conspiracy to commit an offence punishable with death, imprisonment for life or rigorous
imprisonment for a term of two years or upwards, shall, where no express provision is
made in this Code for the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit
an offence punishable as aforesaid shall be punished with imprisonment of either
description for a term not exceeding six months, or with fine or with both.

Chapter V-A ins. by the Criminal Law (Amdt.) Act, VIII of 1913.
CHAPTER VI
OF OFFENCES AGAINST THE STATE
Waging or attempting to wage war or abetting waging of war against Pakistan:
Whoever wages war against Pakistan, or attempts to wage such war, or abets the
waging of such war, shall be punished with death, or imprisonment for life and shall also
be liable to fine.
Illustration
A joins an insurrection against Pakistan. A has committed the offence defined in this
section.
121-A. Conspiracy to commit offences punishable by Section 121: Whoever within or
without Pakistan conspires to commit any of the offences punishable by Section 121, or to
deprive Pakistan of the sovereignty of her territories or of any part thereof, or conspires to
overawe, by means of criminal force or the show of criminal force, the Federal

Government or any Provincial Government, shall be punished with imprisonment for life,
or with imprisonment of either description which may extend to ten years, and shall also
be liable to fine.
Explanation: To constitute a conspiracy under this section, it is not necessary that any act
or illegal omission shall take place in pursuance thereof.
Section 121-A ins. by the Penal Code (Amendment) Act, XXVII of 1870

Collecting arms, etc., with intention of waging war against Pakistan: Whoever
collects men, arms or ammunition or otherwise prepares to wage war with the intention of
either waging or being prepared to wage war against Pakistan, shall be punished with
imprisonment for life or imprisonment of either description for a term not exceeding ten
years, and shall also be liable to fine.
Concealing with intent to facilitate design to wage war: Whoever, by any act, or
by any illegal omission, conceals the existence of a design to wage war against Pakistan,
intending by such concealment to facilitate or knowing it to be likely that such concealment
will facilitate the waging of such war, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
123-A. Condemnation of the creation of the State, and advocacy of abolition of its
sovereignty : (1) Whoever, within or without Pakistan, with intent to influence, or knowing
it to be likely that he will influence, any person or the whole or any section of the public, in
a manner likely to be prejudicial to the safety 2[or ideology] of Pakistan or to endanger the
sovereignty of Pakistan in respect of all or any of the territories lying within its borders,
shall by words, spoken or written, or by signs or visible representation abuse Pakistan or,
condemn the creation of Pakistan by virtue of the partition of India which was effected on
the fifteenth day of August, 1947, or. advocate the curtailment or abolition of the
sovereignty of Pakistan in respect of all or any of the territories lying within its borders,
whether by amalgamation with the territories of neighbouring States or otherwise, shall be
punished with rigorous imprisonment which may extend to ten years and shall also be
liable to fine.
(2) Notwithstanding anything contained in any other law for the time being in force, when
any person is proceeded against under this section, it shall be lawful for any Court before
which he may be produced in the course of the investigation or trial, to make such order
as it may think fit in respect of his movements, of his association or communication
with other persons, and of his activities in regard to dissemination of news, propagation of
opinions, until such time as the case is finally decided.
(3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in
sub-section (2) may also make an order under that sub-section.
Sec. 123-A ins. by the Pakistan Penal Code (Amendment) Act, VI of 1950.
123-B. Defiling or unauthorisedly removing the National Flag of Pakistan from
Government building, etc.: Whoever deliberately defile the National Flag of Pakistan,

or unauthorisedly removes if from any building, premises, vehicle or other property of
Government, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Section 123-B ins. by the Criminal Law (Second Amendment) Ordinance. XLIII of 1984

Assaulting President, Governor, etc., with intention to compel or restrain the
exercise of any lawful power: Whoever, with the intention of including or compelling
the President of Pakistan, or the Governor of any Province, to exercise or refrain from
exercise in any manner of the lawful powers of the President, or Governor, assaults, or
wrongfully restrains, or attempts wrongfully to restrain or overawes, by means of criminal
force or the show of criminal force, or attempts so to overawe, the President, or Governor,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine. ,
124-A. Sedition : Whoever by words, either spoken or written, or by signs, or by visible
representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites
or attempts to excite disaffection towards, the Federal or Provincial Government
established by law shall be punished with imprisonment for life to which fine may be
added, or with imprisonment which may extend to three years, to which fine may be
added, or with fine.
Explanation 1: The expression “.disaffection includes disloyalty and all feelings of-enmity.’
Explanation 2: Comments expressing disapprobation of the measures of the Government
with a view to obtain their alteration by lawful means, without exciting or attempting to
excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3 : Comments expressing disapprobation of the administrative or other action
of the Government without exciting or attempting to excite hatred, contempt or
disaffection, do not constitute an offence under this section.
Section 124-A ins. by the Penal Code (Amendment) Act. XXVIl of 1870.
Waging war against any Asiatic Power in alliance with Pakistan : Whoever
wages war against the Government of any Asiatic Power in alliance or at peace with
Pakistan or attempts to wage such war, or abets the” waging of such war, shall be
punished with imprisonment for life to which fine may be added, or with imprisonment of
either description for a term which may extend to seven years, to which fine may be
added, or with fine.
Committing depredation on territories of Power at peace with Pakistan :
Whoever commits depredation, or makes preparations to commit depredation, on the
territories of any power, in alliance, at a peace with Pakistan, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to tine and forfeiture of any property used or intended to be used in
committing such depredation, or acquired by such depredation.
Receiving property taken by war or depredation mentioned in Sections 125
and 126 : Whoever receives any property knowing the same to have been taken in the
commission of any of the offences mentioned in Sections 125 and 126, shall be punished
with imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine and forfeiture of the property so received.
Public servant voluntarily allowing prisoner of State or war to escape :
Whoever, being a public servant and having the custody of any State prisoner or prisoner
of war, voluntarily allows such prisoner to escape from any place in which such prisoner is
confined, shall be punished with imprisonment for life or imprisonment of either description
for a .term which may extend to ten years, and shall also be liable to fine.
Public servant negligently suffering such prisoner to escape: Whoever, being a
public servant and having the custody of any State prisoner or prisoner of war negligently
suffers such prisoner to escape from any place of confinement in which such prisoner is
confined, shall be punished with simple imprisonment for a term which may extend to
three years, and shall also be liable to fine.
Aiding escape of, rescuing or harbouring such prisoner: Whoever, knowingly
aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or
rescues or attempts to rescue any such prisoner; or harbours or conceals any such
prisoner who has escaped from lawful custody, or offers or attempts to offer any
resistance to the recapture of such prisoner shall be punished with imprisonment for life,
or with imprisonment of either description for a term which may extend to ten years, and
shall also he liable to fine.
Explanation: A State prisoner or prisoner of war, who is permitted to be at large on his
parole within certain limits in Pakistan, is said to escape from lawful custody if he goes
beyond the limits within which he is allowed to be at large.
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his
duty: Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in
the Army, Navy or Air Force of Pakistan, or attempts to seduce any such officer, soldier,
sailor, or airman from his allegiance of his duty, shall be punished with imprisonment for
life, or with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Explanation: In this section, the words “officer”, “soldier”, “sailor” or “airman” include any
person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Navy
Ordinance, 1961 (XXXV of 1961), or the Pakistan Air Force Act. 1953 (VI of 1953), as the
case may be.

Explanation subs. by the Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981

Abetment of mutiny, if mutiny is committed in consequence thereof: Whoever
abets committing of mutiny by an officer, soldier, sailor or airman in the Army, Navy or Air
Force of Pakistan, shall, if mutiny be committed in consequence of that abetment, be
punished with death or with imprisonment for life or imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.
Abetment of assault by soldier, sailor or airman on his superior officer, when in
execution of his office : Whoever abets an assault by an officer, soldier, sailor or airman,
in the Army, Navy or Air Force of Pakistan, on any superior officer being in the execution
of his office, shall be punished with imprisonment of either description for a term which
may extend to three years, and shall also be liable to fine.
Abetment of such assault, if the assault is committed : Whoever abets an assault
by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, on
any superior officer being in the execution of his office,, shall, if such assault be committed
in consequence .of that abetment be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
Abetment of desertion of soldier, sailor or airman: Whoever abets the desertion
of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, be
punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Harbouring deserter: Whoever, except as hereinafter excepted, knowing or
having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air
Force of Pakistan, has deserted, harbours such officer, soldier, sailor or airman, shall be
punished with imprisonment’ of either description for a term which may extend to two
years, or with fine, or with both.
Exception : This provision does not extend to the case in which the harbour is given by a
wife to her husband.
Deserter concealed on board merchant vessel through negligence of master:
The master or person incharge of a merchant vessel, on board of which any deserter
from the Army, Navy or Air Force of Pakistan is concealed, shall, though ignorant of such
concealment, be liable to a penalty not exceeding five hundred rupees, if he might have
known of such concealment but for some neglect of his duty as such master or person in
charge, or but for some want of discipline on board of the vessel.
Abetment of act of insubordination by soldier, sailor or airman : Whoever abets
what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the
Army, Navy or Air Force of Pakistan, shall, if such act of insubordination be committed in
consequence of that abetment, be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.

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

Persons subject to certain Acts: No person subject to the Pakistan Army Act, 1952
(XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI of 1953), or the Pakistan Navy
Ordinance. 1961 (XXXV of 1961), is subject to punishment under this Code for any of the
offences defined in this Chapter.
Section 139 subs. by the Federal Laws (Revision and Declaration) to ‘.Ordinance, XXVII of 1981.
Wearing garb or carrying token used by soldier, sailor or airman : Whoever, not
being a soldier, sailor or airman in the Military, Navel or Air Service of Pakistan, wear, any
garb or carries any token resembling any garb or token used by such a soldier, sailor or
airman with the intention that it may be believed that he is such a soldier, sailor or airman
shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to five hundred rupees, or with both.
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Unlawful assembly: An assembly of five or more persons is designated an “unlawful
assembly” if the common object of the persons composing that assembly is;
First: To overawe by criminal force, or show of criminal force, the Federal or any Provincial
Government or Legislature, or any public servant in the exercise of the lawful power of
such public servant; or
“Second: To resist the execution of any law, or of any legal process, or
Third: To commit any mischief or criminal trespass, or other offence; or
Fourth: By means of criminal force, or show of criminal force, to any person to take or
obtain possession of any property, or to deprive any person of the enjoyment of a right of
way, or of the use of water or other incorporeal right of which he is in possession or
enjoyment, or to enforce any right or supposed right; or
Fifth: By means of criminal force, or show of criminal force, to compel any person to do
what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation : An assembly which was not unlawful when it assembled, may subsequently
become an unlawful assembly.
Being member of unlawful assembly : Whoever being aware of facts which render
any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is
said to be a member of any unlawful assembly.
Punishment: Whoever is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine,
or with both.
Joining unlawful assembly armed with deadly weapon : Whoever, being armed
with any deadly weapon, or with anything which, used as a weapon of offence, is likely to
cause death, is a member of an unlawful assembly/shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
Joining or continuing in unlawful assembly, knowing it has been commanded
to disperse: Whoever joins or continues in an unlawful assembly, knowing that such
unlawful assembly has been commanded in the manner prescribed by law to disperse,
shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Rioting : Whenever force or violence is used by an unlawful assembly, or by any
member thereof, in prosecution of the common object of such assembly, every member of
such assembly is guilty of the offence of rioting.
Punishment for rioting: Whoever is guilty of rioting, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Rioting, armed with deadly weapon: Whoever is guilty of rioting, being armed with
a deadly weapon or with anything which, used as a weapon of offence, is likely to cause
death, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Every member of unlawful assembly guilty of offence committed in
prosecution of common object: If an offence is committed by any member of an
unlawful assembly in prosecution of the common object of that assembly, or such as the
members of that assembly knew to be likely to be committed in prosecution of that object,
every person who, at the time of the committing of that offence, is a member of the same
assembly, is guilty of that offence.
Hiring, or conniving at hiring, of persons to join unlawful assembly: Whoever
hires or engages, or employs, or promotes, or connives at the hiring engagement or
employment of any person to join or become a member of any unlawful assembly, shall be
punishable as a member of such Unlawful assembly, and for any offence which may be
committed by any such person as a member of such unlawful assembly in pursuance of
such hiring, engagement or employment, in the same manner as if he had been a member
of such unlawful assembly, or himself had committed such offence.
Knowingly joining or continuing in assembly of five or more persons after it
has commanded to disperse: Whoever knowingly joins or continues in any assembly of

five or more persons likely to cause a disturbance of the public peace, after such
assembly has been lawfully commanded to disperse, shall be punished with imprisonment
of either description for a term which may extend to six months or with fine, or with both.
Explanation: If the assembly is an unlawful assembly within the meaning ,of Section 141,
the offender will be punished under Section 145.

Assaulting to obstructing public servant when suppressing riot, etc.: Whoever
assaults or threatens to assault, or obstructs or attempts to obstruct a public servant in the
discharge of his duty as such public servant, in endeavouring to disperse an unlawful
assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal
force to such public servant, shall be punished with imprisonment of either description for
a term which may extend to three years or with fine, or with both.
Wantonly giving provocation with intent to cause riot-if rioting be committed; if
not committed: Whoever malignantly, or wantonly, by doing anything which is illegal,
lives provocation to any person intending or knowing it to be likely that such provocation
will cause the offence of rioting be committed, shall, if the offence of rioting be committed
in consequence of such provocation, be punished with imprisonment of either description
for a term which may extend to one year, or with fine, or with both; and if the offence
if rioting be not committed, with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
[153-A. Promoting enmity between different groups, etc.: Whoever,
(a) by words, either spoken or written, or by signs, or by visible representations or
otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion,
race, place of both, residence. language, caste or community or any other ground
whatsoever, disharmony or feelings of enmity,
hatred or ill-will between different religious, racial, language or regional groups or castes
or communities; or
(b) commits, or incites any other person to commit, any act which is prejudicial to the
maintenance of harmony between different religious, racial, language or regional groups
or castes or communities or any group of persons identifiable as such on any ground
whatsoever and which disturbs or is likely to disturb public tranquillity; or
(c) organizes, or incites any other person to organize, and exercise, movement, drill or
other similar activity intending that the participants in any such activity shall use or be
trained to use criminal force or violence or knowing it to be likely that the participants in
any such activity will use or be trained to use criminal force or violence or participates, or
incites any other person to participate, in any such activity intending to use or be trained to
use criminal force or violence or knowing it to be likely that the participants in any such
activity will use or be trained, to use criminal force or violence, against any religious,
racial, language .or regional group or caste of community or any group of persons
identifiable as such on any ground .whatsoever and any such activity for any reason

whatsoever cause or is likely to cause fear or alarm or a feeling of insecurity amongst
members of such religious, racial, language or regional group or caste or community.
shall be punished with imprisonment for a term which may extend to five years and with
fine.
Explanation: It does not amount to an offence within the meaning of this section to point
but, without malicious intention and with an honest view to their removal, matters which
are producing, or have a tendency to produce, feelings of enmity or hatred between
different religious, racial, language or regional groups or castes or communities].
Sec. 153-A subs. by Criminal Law (Amendment) Act, VI of 1973, S. 2.
[153-B. Inducing students, etc., take part in political activity : Whoever by words,
either spoken or written, or by signs, or by visible representations, or otherwise, induce or
attempts to induce any student, or any class of students, or any institution interested in or
connected with students, to take part in any political activity which disturbs or undermines,
or is likely disturb or undermine, the public order shall be punished with imprisonment
which may extend to two years or –with fine or with both].
Sec. 153-B subs. by Criminal Law. (Amendment) Act, VI of 1973, S. 2.

Owner or occupier of land on which an unlawful assembly is held: Whenever
any unlawful assembly or riot takes place, the owner or occupier of the land upon which
unlawful assembly is held, or such riot is committed, and any person having or claiming an
interest in such land, shall be punishable with fine not exceeding one thousand rupees, if
he or his agent or manager, knowing that such offence is being or has been committed, or
having reason to believe it is likely to be committed, do not give the earliest notice thereof
in his or their power to the principal officer at the nearest police station, and do not, in the
case of his or their having reason to believe that it was about to be committed, use all
lawful means in his or their power to prevent it and, in the event of its taking place, do not
use all lawful means in his or their power to disperse or suppress the riot or unlawful
assembly.
Liability of person for whose benefit riot is committed : Whenever a riot is
committed for the benefit or on behalf of any person who is the owner or occupier of any
land respecting which such riot takes place or who claims any interest in such land, or in
the subject of any dispute which gave rise to the riot, or who has accepted or derived ‘any
benefit there from, such person shall be punishable with fine, if he or his agent or
manager, having reason to believe that such riot was likely to be committed or that the
unlawful assembly by which such riot was committed was likely to be held, shall not
respectively use all lawful means in his or their power to prevent such assembly or riot
from taking place, and for suppressing and dispersing the same.
Liability of agent of owner or occupier for whose benefit riot is committed:
Whenever a riot is committed for the benefit or on behalf of any person who is the owner
or occupier of any land respecting which such riot takes place, or who claims any interest
in such land, or in the subject of any dispute which give rise to the riot, or who has

accepted or derived any benefit there from, the agent or manager of such person shall be
punishable with fine, if such agent or manager, having reason to believe that such riot was
likely to be committed or that the Unlawful assembly by which such riot was committed
was likely to be held, shall not use all lawful means in his power to prevent such riot or
assembly from taking place and for suppressing and dispersing the same.

Harbouring persons hired for an unlawful assembly: Whoever harbours, receives
or assembles, in any house or premises in his occupation or charge, or under his control
any persons knowing that such persons have been hired, engaged or employed, or are
about to be hired, engaged or employed, to join or become members of an unlawful
assembly, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
Being hired to take part in an unlawful assembly or riot: Whoever is engaged or
hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts
specified in Section 141, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both,
or to go armed: and whoever, being so engaged or aforesaid, goes armed, or engages or
offers to go armed, with any deadly weapon or with anything which used as a weapon
of offence is likely to cause death, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Affray: When two or more persons, by fighting in a public place, disturb the public
peace, they are said to “commit an affray.
Punishment for committing affray: Whoever commits an affray, shall be punished
with imprisonment of either description for a term which may extend to one month, or with
fine which may extend to one hundred rupees, or with both.
CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Public servant taking gratification other than legal remuneration in respect to
an official act: Whoever, being or expecting to be a public servant, accepts or obtains,
agrees to accept, or attempts to obtain from any person, for himself or for any other
person, any gratification whatever, other than legal remuneration, as a motive or reward
for doing or forbearing to do any official act or for showing or forbearing to show, in the
exercise of his official functions, favour or disfavour to any person, or for rendering or
attempting to render any service or disservice to any person, with the Federal, or any
Provincial Government or Legislature or with any public servant, as such, shall be
punished with imprisonment of either description for a term which may extend to three
years or with fine or with both.

Explanation : “Expecting to be a public servant”: If a person not expecting to be in
office obtains a gratification by deceiving others into a belief that he is about to be in
office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of
the offence defined in this section.
“Gratification”: The word “gratification” is not restricted to pecuniary gratifications, or to
gratifications estimable in money.
“Legal remuneration”: The words “legal remuneration” are not restricted to
remuneration, which a public servant can lawfully demand, but include all remuneration
which he is permitted by the authority by which he is employed, to accept.
“A motive or reward for doing”: A person who receives gratification as a motive for
doing what he does not intend to do, or as a reward for doing what he has done, comes
within these words.
“Public servant”: In this section and in Sections 162, 63, 164, 165, 166, 167, 168, 169
and 409, ‘public servant’ includes an employee of any corporation or other body or
organisation set up, controlled or administered by, or under the authority of, the Federal
Government. Added by the Prevention of Corruption Laws (Amendment) Act, XHI of 1977, S. 2 and Sch.
Illustrations (a) A, a munsif, obtains from Z, a banker, a situation in Z’s bank for A’s
brother, as a reward to A for deciding a case in favour of Z. A has committed the offence
defined in this section.
(b) A, holding the office of Consul at the Court of a Foreign Power accepts a lakh of
rupees from the Minister of that Power. It does not appear, that A accepted this sum as a
motive or reward for doing or forbearing to do any particular official act, or for rendering or
attempting to render any particular service to that Power, with the Government of
Pakistan. But it does appear that A accepted the sum as a motive or reward for generally
showing favour in the exercise of his official functions to that Power. A has committed the
offence defined in this section.
(c) A, a public servant, induces Z erroneously to believe that A’s influence with the
Government has obtained a title for Z and thus induces Z to give A money as a reward for
this service. A has committed the offence defined in this section.

Taking gratification, in order by corrupt or illegal means to influence public
servant: Whoever accepts or obtains, or agrees to accept, or attempts to obtain from any
person, for himself or for. any other person, any gratification whatever as a motive or
reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to
do any official act, or in the exercise of the official functions of such public servant to show
favour or disfavour to any person, or to render or attempt to render any service or
disservice to any person with the Federal or any Provincial Government or Legislature, or
with any public servant, as such, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
Taking gratification, for exercise of personal influence with public servant:
Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person,
for himself or for any other person, any gratification whatever, as a motive or reward for
inducing, by the exercise of personal influence, any public servant to do or to forbear to do
any official act, or in the exercise of the official functions of such public servant to show
favour or disfavour to any person, or to render or attempt to render any service or
disservice to any person with the Federal or any Provincial Government or Legislature, or
with any public servant, as such, shall be punished with simple imprisonment for a term
which may extend to one year, or with fine, or with both.
Illustration
An advocate who receives a fee for arguing a case before a Judge; a person who receives
pay for arranging and correcting a memorial addressed to Government, setting forth the
service and claims of the memorialist, a paid agent for a condemned criminal, who lays
before the Government statements tending to show that the condemnation was unjust,
are not within this section, inasmuch as they do not exercise or profess to exercise
personal influence.
Punishment for abetment by public servant of offences defined in Section 162
or 163: Whoever, being a public Servant, in respect of whom either of the offences
defined in the last two preceding sections is committed, abets the offence, shall be
punished with imprisonment of either description for a term which may extend to three
years, or with fine or with both.
Illustration
A is a public servant. B, A’s wife receives a present as a motive for soliciting A to give an
office to a particular person. A abets her doing so. B is punishable with imprisonment for a
term not exceeding one year, or with fine or with both. A is punishable with imprisonment
for a term which may extend to three years, or with fine, or with both.
Public servant obtaining valuable thing, without consideration from person
concerned in proceeding or business transacted by such public servant: Whoever,
being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for
himself, or for any other person, any valuable thing without consideration, or for a
consideration which he knows to be inadequate.
from any person whom he knows to have been, or to be, or to be likely to be
concerned in any proceeding or business transacted or about to be transacted by such
public servant, or having any connection with the official functions of himself or of any
public servant to whom he is subordinate,
or from any person whom he knows to be interested in or related to the person so
concerned,
shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

Illustration
(a) A, a Collector, ‘hires, a house of 2, who has a settlement case pending before, him. It
is agreed that A shall pay fifty rupees a month, then house being; such that, if the bargain
were made in good faith, A would be required to pay two hundred rupees a month. A has
obtained a valuable thing from Z without adequate consideration.

{b)A, a Judge, buys of Z, who has a case pending in A’s Court, Government promissory-
notes at a discount, when they are selling in the market at a premium. A has obtained a

valuable thing from Z without adequate consideration.
(c) Z’s brother is apprehended and taken before A a Magistrate, on a charge of perjury. A
sells to Z shares in a bank at a premium, when they are selling in the market at a discount.
Z pays A for the shares accordingly. The money so obtained by A is a valuable thing
obtained by him without adequate consideration,
165-A, Punishment for abetment of offences defined in Sections 161 and 165:
Whoever abets any offence punishable under Section 161 or Section 165 shall, whether
the offence abetted is or is not committed in consequence of the abetment, be punished
with the punishment provided for the offence.
Sec. 165-A ins. by the Criminal Law (Amendment) Act, XXXVII of 1953
165-B. Certain abettors excepted : A person shall be deemed not to abet an offence
punishable under Section 161 or Section 165 if he is induced, compelled, coerced, or
intimidated to offer or give any such gratification as is referred to in Section 161 for any of
the purposes mentioned therein, or any valuable thing without consideration, or for an
inadequate consideration, to any such public servant as is referred to in Section 165.
Sec, 165-B inst. by the Pakistan Penal Code (Amendment) Ordinance, LIX of 1962.

Public servant disobeying law, with intent to cause injury to any person:
Whoever, being a public servant, knowingly disobeys any direction of the law as to the
way in which he is to conduct himself as such public servant, intending to cause, or
knowing it to be likely that he will, by such disobedience, cause injury to any person, shall
be punished with simple imprisonment for a term which may extend to one year, or with
fine, or with both.
Illustration
A, being an officer directed by law to take property in execution, in order to satisfy a
decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of
law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the
offence defined in this section.
Public servant framing an incorrect document with intent to cause injury:
Whoever, being a public servant, and being, as such public servant, charged with the
preparation or translation of any document, frames or translates that document in a
manner which he knows or believes to be incorrect, intending thereby to cause or knowing
it to be likely that he may thereby cause injury to any person, shall be punished with

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

Public servant unlawfully engaging in trade: Whoever, being a public
servant, and being legally bound as such public servant not to engage in trade, engages
in trade shall be punished with simple imprisonment for a term which may extend to one
year, or with fine, or with both.
Public servant unlawfully buying or bidding for property: Whoever, being a
public servant, and being legally bound as such public servant, not to purchase or bid for
certain property, purchases or bids for that property, either in his own name or in the name
of another, or jointly, or in shares with other, shall be punished with simple imprisonment
for a term which may extend to two years, or with fine, or with both; and the property, if
purchased, shall be confiscated.
Personating a public servant: Whoever, pretends to hold any particular office as a
public servant, knowing that he does not hold such office or falsely personates any other
person holding such office, and in such assumed character does or attempts to do any act
under colour of such office, shall be punished with imprisonment of either description, for a
term which may extend to two years, or with fine, or with both.
Wearing garb or carrying token used by public servant with fraudulent intent:
Whoever, not belonging to a certain class of public servants, wears any garb or carries
any token resembling any garb or token used by that class of public servants, with the
intention that it may be believed, or with the knowledge that it is likely to be believed, that
he belongs to that class of public servants, shall be punished with imprisonment of either
description, for a term which may extend to three months, or which may extend to two
hundred rupees, or with both.

CHAPTER IX-A

OF OFFENCES RELATING TO ELECTIONS
171-A. “Candidate”, “Electoral right” defined : For the purposes of this Chapter:
(a) “candidate” means a person who has been nominated as a candidate at any election
and includes a person who, when an election is in contemplation, holds himself out as a
prospective candidate thereat: provided he is subsequently nominated as a candidate at
such election;
(b) “electoral right” means the right of a person to stand, or not to stand as, or to
withdraw from being, a candidate or to vote or refrain from voting at an election.
171-B. Bribery: (1) Whoever–

(i) gives a gratification to any person with the object of inducing him or any other person
to exercise any electoral right or of rewarding any person for having exercised any such
right; or
(ii) accepts either for himself or for any other person any gratification as a reward for
exercising any such right, or for .inducing or attempting to induce any other person to
exercise any such right, commit the offence of bribery;
Provided that a declaration of public policy or a promise of public action shall not be
an offence under the section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification
shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be
deemed to accept a gratification, and a person who accepts a gratification as a motive for
doing what he does not intend to do, or as a reward for doing what he has not done, shall
be deemed to have accepted the gratification as a reward.
17I-C. Undue influence at election : (1) Whoever voluntarily interferes or attempts to
interfere with the free exercise of any electoral right commits the offence of undue
influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever;
(a) threatens any candidate or voter, or” any person in whom a candidate or voter is
interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in
whom he is interested will become or will be rendered an object of Divine displeasure or of
spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate
or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action, or the mere exercise of a
legal right without intent to interfere with an electoral right, shall not be deemed to be
interference within the meaning of this section.
171-D. Personation at elections: Whoever at an election applies for a voting paper or
votes in the nature of any other person, whether living or dead, or in a fictitious name, or
who having voted once at such election applies at the same election for a voting paper in
his own name, and whoever abets, procures or attempts to procure the voting by any
person in any such way, commits the offence of personation at an election.

171-E. Punishment for bribery: Whoever commits the offence of bribery shall be
punished with imprisonment of either description for a term-which may extend to one year,
or with fine or with both;
Provided that bribery by treating shall be punished with fine only.
Explanation : Treating’ means that form of bribery where the gratification consist in food,
drink, entertainment, or provision.
171-F. Punishment for undue influence or personation at an election : Whoever
commits the offence of undue influence or personation at an election shall be punished
with imprisonment of either description for a term which may extend to one year, or with
fine, or with both.
171 -G. False statement in connection with an election : Whoever with intent to affect
the result of an election makes or publishes any statement purporting to be a statement of
fact which is false and which he either knows or believes to be false or does not believe to
be true, in relation to the persona! character or conduct of any candidate shall be
punished with fine.
171-H. Illegal payments in connection with an election : Whoever without the general
or special authority in writing of a candidate incurs or authorises expenses on account of
the holding of any public meeting, or upon any advertisement, circular or publication, or in
any other way whatsoever for the purpose of promoting or procuring the election of such
candidate, shall be punished with fine which may extend to five hundred rupees:
Provided that if any person having incurred any such expenses not exceeding the amount
of ten rupees without authority obtains within ten days from the date on which such
expenses where incurred the approval in writing of the candidate, he shall be deemed to
have incurred such expenses with the authority of the candidate.
171-I. Failure to keep election accounts: Whoever being required by any law for the
time being in force or any rule having the force of law to keep accounts of expenses
incurred at or in connection with an election fails to keep such accounts shall be punished
with fine which may extend to five hundred rupees.
171- J. Inducing any person not to participate in any election or referendum, etc.:
Whoever by words, either spoken or written, or by visible representations, induces or
directly or indirectly, persuades or instigates, any person not to participate in, or to
boycott, any election or referendum, or not to exercise his right of vote thereat, shall be
punishable with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to five lac rupees, or with both.
Sec. 171-J, inst. by the Criminal Law (Third Amendment) Ordinance LIV of 1984.
Chapter IX-A ins. by the Election Offence and Inquiries Act. XXXIX of 1920

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC

SERVANTS

Absconding to avoid service of summons or other proceeding: Whoever
absconds in order to avoid being served with a summons, notice or order proceeding from
any public servant legally competent, as such public servant, to issue such -summons,
notice or order, shall be punished with simple imprisonment for a term which may extend
to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons or notice or order is to attend in person or by agent, or to produce a
document in a Court of Justice, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
Preventing service of summons or other proceeding, or preventing publication
thereof: Whoever in any manner intentionally prevents the serving on himself, or on other
person, of any summons, notice or order proceeding from any public servant legally
competent as such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or
order,
or intentionally removes any such summons, notice or order, from any place to which it is
lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under .the authority of any
public servant legally competent, as such public servant, to direct such proclamation to be
made,
shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five hundred rupees, or with both;
or if the summons, notice, order or proclamation is to attend in person or by agent, or to
produce a document in a Court of Justice, with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with both.
Non-attendance in obedience to an order from public servant: Whoever, being
legally bound to attend in person or by an agent at a certain place and time in obedience
to a summons, notice, order or proclamation proceeding from any public servant legally
competent, as such public servant to issue the same,
intentionally omits to attend at that place or time, departs from the place where he
is bound to attend before the time at which it is lawful for him to depart,

shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a
Court of Justice, with simple imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both;
or, if the proclamation be under Section 87 of the Code of Criminal Procedure, 1898, with
imprisonment which may extend to three years, or with fine, or with both.
Illustrations
(a) A, being legally bound to appear before the High Court of Sind in obedience to a
subpoena issuing from that Court, intentionally omits to appear. A has committed the
offence defined in this section.
(b) A, being legally bound to appear before a Zila Judge as a witness in obedience to a
summons issued by that Zila Judge, intentionally omits to appear. A has committed the
offence defined in this section.

Omission to produce document to public servant by person legally bound to
produce it: Whoever being legally bound to produce or deliver up any document to any
public servant, as such, intentionally omits so to produce or deliver up the same, shall be
punished with simple imprisonment for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both;
or, if the document is to be produced or delivered up to Court of Justice, with simple
imprisonment for a term which may extend to six months, or with fine which may extend to
one thousand rupees, or with both.
Illustration
A, being legally bound to produce a document before a Zila Court, intentionally omits to
produce the same. A has committed the offence defined in this section.
Omission to give notice or information to public servant by person legally
bound to give it: Whoever, being legally bound to give any notice or to furnish
information on any subject to any public servant, as such, intentionally omits to give such
notice or to furnish such information in the manner and at the time required by law, shall
be punished with simple imprisonment for a term which may extend to one month, or with
fine which may extend to five hundred rupees, or with both;
or, if the notice or information required to be given respects the commission of an offence,
or is required for the purpose of preventing the commission of an offence, or in order to
the apprehension of an offender, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees or with both;

or, if the notice or information required to be given is required by an order passed under
sub-section (1) of Section 565 of the Code of Criminal Procedure, 1898 (V of 1898) with
imprisonment, of either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.

Furnishing false information : Whoever, being legally bound to furnish information
on any subject to any public servant, as such, furnishes, as true, information on the
subject which he knows or has reason to believe to be false, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to
one thousand rupees, or with both;
or, if the information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an offence, or in
order to the apprehension of an offender, with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Illustrations
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate,
wilfully misinforms the Magistrate of the district that the death has occurred by accident in
consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed
through his village in order to commit a dacoity in the house of Z a wealthy merchant
residing in a neighbouring place, and being bound, under Clause 5, Section Vll,
Regulation III, 1821, of the Bengal Code to give early and punctual information of the
above fact to the officer, of the nearest police station, wilfully misinforms the police-officer
that a body of suspicious characters passed through the village with a view to commit
dacoity in a certain distinct place in .a different direction. Here A is guilty of the offence
defined in the latter part of this section.
Explanation : In Section 176 and in this section the word “offence” includes any act
committed at any place out of Pakistan, which, if committed in Pakistan, would be
punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394,
395; 396, 397, 398, 399, 402, 435, 436, 449, 450. 457, 458, 459 and 460; and the word
“offender” includes any person who is alleged to have been guilty of any such act.
Refusing oath or affirmation when duly required by public servant t make it:
Whoever refuses to bind himself by an oath or affirmation to state the truth, when required
so to bind himself by a public servant legally competent to require that he shall so bind
himself, shall be punished with simple imprisonment far a term which may extend to six
months, or with tine which may extend to one thousand rupees, or with both.
Refusing to answer public servant authorised to question : Whoever, being
legally bound to state the truth on any subject to any public servant, refuses to answer any
question demanded of him touching that subject by such public servant in the exercise of
the legal, powers of such public servant shall be punished with simple imprisonment for a

term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.

Refusing to sign statement: Whoever refuses to sign any statement made by him,
when required to sign that statement by a public servant legally competent to require that
he shall sign that statement, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to five thousand rupees, or with
both.
False statement on oath or affirmation to public servant or person authorised
to administer an oath or affirmation: Whoever, being legally bound by an oath or
affirmation to state the truth on any subject to any public servant or other person
authorized by law to administer such oath or affirmation, makes, to such public servant or
other person as aforesaid, touching that subject any statement which is false, and which
he either knows or believes to be false or does not believe to be true, shall be punished
with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
False information with intent to cause public servant to use his lawful power to
the injury of another person : Whoever gives to any public servant any information
which he knows or believes to be false, intending thereby to cause, or knowing it to be
likely that he will thereby cause, such public servant.
(a) – to do or omit anything which such public servant ought not to do or omit if the true
state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any
person,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has
been guilty of neglect of duty or misconduct, knowing such information to be false, and
knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has
committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing
such information to be false, and knowing that it is likely that the consequence of the
information will be a search of premises, attended with annoyance to Z. A has committed
the offence defined in this section.
© A falsely informs a policeman that he has been assaulted and robbed in the
neighbourhood of a particular village. He does not mention the name of any person as one
of his assailants, but knows it to be likely that in consequence of their information the

police will make enquiries and institute searches in the village to the annoyance of the
villagers or some of them. A has committed an offence under this section.

Resistance to the taking of property by the lawful authority of a public servant:
Whoever offers any resistance to the taking of any property by the lawful authority of any
public servant, knowing or having reason to believe that he is such public servant, shall be
punished with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
Obstructing sale of property offered for sale by authority of public servant:
Whoever intentionally obstructs any sale of property offered for sale by the lawful authority
of any public servant, as such, shall be punished with imprisonment of either description
for a term which may extend to one month, or with fine which may extend to five hundred
rupees, or with both.
Illegal purchase or bid for property offered for sale by authority of public
servant: Whoever, at any sale of property held by the lawful authority of a public servant,
as such, purchases or bids for any property on account of any person, whether himself or
“any other, whom he knows to be under a legal incapacity to purchase that property at that
sale, or bids for such property not intending to perform the obligations under which he lays
himself by such bidding, shall be punished with imprisonment of either description for a
term which may extend to one month, or with fine which may extend to two hundred
rupees, or with both.
Obstructing public servant in discharge of public functions: Whoever voluntarily
obstructs any public servant in the discharge of his public functions, shall be punished with
imprisonment of either description for a term which may extend to three months, or With
fine which may extend to five hundred rupees, or with both.
Omission to assist public servant when bound by law to give assistance:
Whoever, being bound by law to render or furnish assistance to any public servant in the
execution of his public duty, intentionally omits to give such assistance, shall be punished
with simple imprisonment for a term which may extend to one month, or with fine which
may extend to two hundred rupees, or with both;
and if such assistance, be demanded of him by public servant legally competent to
make such demand for the purposes of executing any process lawfully issued by a Court
of Justice, or of preventing the commission of an offence, or of suppressing a riot, or
affray, or of apprehending a person charged with or guilty of an offence, or of having
escaped from lawful custody, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to five hundred rupees, or with
both.
Disobedience to order duly promulgated by public servant: Whoever, knowing
that, by an order promulgated by a public servant lawfully empowered to promulgate such

order, he is directed to abstain from a certain act, or to take certain order with certain
property in his possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance or
injury or risk of obstruction, annoyance or injury, to any persons lawfully employed, be
punished with simple imprisonment for a term which may extend to one month or with fine
which may extend to two hundred rupees, or with both;
and if such disobedience causes or tends to cause danger to human’ life, health or
safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
Explanation: It is not necessary that the offender should intend to produce harm, or
contemplate his disobedience as likely to produce harm. It is sufficient that he knows of
the order which he disobeys, and that his disobedience produces, or is likely to produce
harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgate such
order, directing that a religious procession shall not pass down a certain street. A,
knowingly disobeys the order, and thereby causes danger of riot. A has committed the
offence defined in the section.

Threat of injury to public servant: Whoever holds out any threat of injury to any
public servant, or to any person in whom he believes that public servant to be interested,
for the purpose of inducing that public servant to do any act or to forbear or delay to do
any act, connected with the exercise of the public functions of such public servant shall be
punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Threat of injury to induce person to refrain from applying for protection to
public servant: Whoever holds out any threat of injury to any person for the purpose of
inducing that person to refrain or desist from making a legal application for protection
against any injury to any public servant legally empowered as such to give such
protection, or to cause such protection to be given, shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine, or with both.

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

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

Explanation 1: A statement is within the meaning of this section, whether it is made
verbally or otherwise.
Explanation 2: A false statement as to the belief of the person attesting is within the
meaning of this section, and a person may be guilty of giving false evidence by stating that
he believes a thing which he does not believe, as well as by stating that he knows a thing
which he does not know.
Illustrations
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely
swear on a trial that he heard Z admit the justice of B’s claim- A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature
to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A
states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain
signature to be the handwriting of Z. A in good faith believing it to be so. Here A’s
statement is merely as to his believe, and is true as to his belief, and therefore although
the signature may not be handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a
particular place on a particular day, not knowing anything upon the subject, A gives false
evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies, as a true interpretation or translation of
a statement, which he is bound by oath to interpret or translate truly, that which is not and
which he does not believe to be a true interpretation or translation. A has given false
evidence.

Fabricating false evidence: Whoever causes any circumstance to exist or makes
any false entry in any book or record, or makes any document containing a false
statement, intending that such circumstance, false entry or false statement may appear in
evidence in a judicial proceeding, or in a proceeding taken by law before a public servant
as such, or before an arbitrator, and that such circumstance, false entry or false
statement, so appearing in evidence, may cause any person who in such proceeding is to
form an opinion upon the evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding, is said to fabricate false evidence.
Illustrations
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in
that box, and that this circumstance may cause Z to be convicted of theft. A has
fabricated.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative
evidence In a Court of Justice. A has fabricated false evidence.
© A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a .letter
in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such
criminal conspiracy, and puts the letter in a place which he knows that the officers of the
Police are likely to search A has fabricated false evidence.

Punishment for false evidence: Whoever intentionally gives false evidence in any
stage of a judicial proceeding, or fabricates false evidence for the purpose of being used
in any stage of a judicial proceeding, shall be punished with imprisonment of either
description for a term, which may extend to seven years, and shall also be liable to fine;
and whoever, intentionally gives or fabricates false evidence in any other case,
shall, be punished with imprisonment of either description” for a term which may extend to
three years, and shall also be liable to fine.
Explanation 1: A trial before a Court-martial is a judicial proceeding.
Explanation 2: An investigation directed by law preliminary to a proceeding before a Court
of Justice, is a stage of a judicial proceeding, though that investigation may not take place
before a Court of Justice.
Illustration
[Omitted by the Federal Laws (Revision and Declaration)
Ordinance, XXVII of 1981].
Explanation 3: An investigation directed by a Court of Justice according to law, and
conducted under the authority of a Court .of Justice, is a stage of a judicial
proceeding/though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot
the boundaries of land, makes on oath a statement which he knows to be false. As this
enquiry is a stage of a judicial proceeding, A has given false evidence.
Giving or fabricating false evidence with intent to procure conviction of capital
offence: Whoever gives or fabricates false evidence, intending thereby to cause, or
knowing it to be likely that he will thereby cause any person to be convicted on an offence
which is capital by any law for the time being in force, shall be punished with imprisonment
for life, or with rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine;
if innocent person be thereby convicted and executed : and if an innocent person be
convicted and executed in consequence of such false evidence the person who gives

such false evidence shall be punished either with death or the punishment hereinbefore
described.

Giving or fabricating false evidence with intent to procure conviction of offence
punishable with imprisonment for life or for a term of seven years or upwards:
Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be
likely that he will thereby cause any person to be convicted of an offence which by any taw
for the time being in force is not capital, but punishable with imprisonment for life, or
imprisonment for a term of seven years or upwards, shall be punished as a person
convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to be
convicted of a dacoity. The punishment of dacoity is imprisonment for life or rigorous
imprisonment for a term, which may extend to ten years, with or without tine. A, therefore,
is liable to such imprisonment for life or imprisonment with or without fine.
Using evidence known to be false: Whoever corruptly uses or attempts to use as
true or genuine evidence, any evidence which he knows to be false or fabricated, shall be
punished in the same manner as if he gave or fabricated false evidence.
Issuing or signing false certificate: Whoever issues or signs any certificate
required by law to be given or signed, or relating to any fact of which such certificate is by
law admissible in evidence, knowing or believing that such certificate is false in any
material point, shall be punished in the same manner as if he gave false evidence.
Using as true a certificate known to be false: Whoever corruptly uses or attempts
to use any such certificate as a true certificate, knowing the same to be false in any
material point, shall be punished in the same manner as if he gave false evidence.
False statement made in declaration which is by law receivable as evidence:
Whoever, in any declaration made or subscribed by him, which declaration any Court of
Justice, or any public servant or other person, is bound or authorized by law to receive as
evidence of any fact, makes any statement which is false, and which he either knows or
believes to be false or does not believe to be true, touching any point material to the
object-for which the declaration is made or used, shall be punished in the same manner
as if he gave false evidence.
Using as true such declaration knowing it to be false: Whoever corruptly uses or
attempts to use as true any such declaration, knowing the same to be false in any material
point, shall be punished in the same manner as if he gave false evidence.
Explanation: A declaration, which is inadmissible merely upon the ground of some
informality, is a declaration within the meaning of Sections 199 and 200.
Causing disappearance of evidence of offence, or giving false information to
screen offender: Whoever, knowing or having reason to believe that an offence has been
committed, causes any evidence of the commission of that offence to disappear, with the
intention of screening the offender from legal punishment, or with that intention gives any
information respecting the offence which he knows or believes to be false;
if a capital offence: shall, if the offence which he knows or believes to have been
committed is punishable with death, be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life: and if the offence is punishable with.
imprisonment for fife, or with imprisonment which may extend to ten years shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine:
if punishable with less than ten years’ imprisonment: and if the offence is
punishable with imprisonment for any term not extending to ten years, shall be punished
with imprisonment of the description provided for the offence, for a term which may extend
to one-fourth part of the longer term of the imprisonment provided for the offence, or with
tine, or with both,
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of
screening 6 from punishment. A is liable to imprisonment of either description for seven
years, and also to fine.
Intentional omission to give information of offence by person bound to inform:
Whoever, knowing or having reason to believe that an offence has been committed,
intentionally omits to give any information respecting that offence which, he is legally
bound to give, shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine, or with both.
Giving false information respecting an offence committed : Whoever, knowing or
having reason to believe that an offence has been committed, gives any information
respecting that offence which he knows or believes to be false shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Explanation: In Sections 201 and 202 in this section the word “offence” includes any act
committed at any place out of Pakistan, which, if committed in Pakistan, would be
punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394,
395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, and 460.
Destruction of document to prevent its production as evidence: Whoever
Secrets or destroys any document which he may be lawfully compelled to produce as
evidence in a Court of Justice, or in any proceeding lawfully held before a public servant,

as such, or obliterates or renders illegible the whole or any part of such document with the
intention of preventing the same from being produced or used as evidence before such
Court, or public servant as aforesaid, or after he shall have been lawfully summoned or
required to produce the same for that purpose, shall be punished with imprisonment of
either description for a term which may extend to two years or with fine, or with both.

False personation for purpose of act or proceeding in suit or prosecution:
Whoever falsely personates another, and in such assumed character makes any
admission or statement, or confesses judgment, or causes any process to be issued or
becomes bail or security, or does any other act in any suit or criminal prosecution, shall be
punished with imprisonment of either description for a term which may extend to three
years or with fine, or with both.
Fraudulent removal or concealment of property to prevent its seizure as
forfeited or in execution: Whoever fraudulently removes, conceals, transfers or delivers
to any person any property or any interest therein, intending thereby to prevent that
property or interest therein from being taken as a forfeiture or in satisfaction of a fine,
under a sentence which has been pronounced, or which he knows to be likely to be
pronounced, by a Court of Justice or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be
made by a Court of Justice in a civil suit, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Fraudulent claim to property to prevent its seizure as forfeited or in execution:
Whoever fraudulently accepts, receives or claims any property or any interest therein,
knowing that he has no right or rightful claim to such property or interest, or practises any
deception touching any right to any property or any interest therein, intending thereby to
prevent that property or interest therein from being taken as a forfeiture or in satisfaction
of a fine, under a sentence which has been pronounced, or which he knows to be likely to
be pronounced by a Court of Justice or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be
made by a Court of Justice in a civil suit, shall be punished with imprisonment of either
description for a term which’ may extend to two years, or with fine, or with both.
Fraudulently suffering decree for sum not due: Whoever fraudulently causes or
suffers a decree or order to be passed against him at the suit of any person for a sum not
due, or for a larger sum than is due to such person or for any property or interest in
property to which such person is not entitled, or fraudulently causes or suffers a decree or
order to be executed against him after it has been satisfied, or for anything in respect of
which it has been satisfied, shall be’ punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him
fraudulently suffers a judgment to pass against him for a larger amount at the Suit of B,
who has no just claim against him, in order that B, either on his own account or for the

benefit of Z, may share in the proceeds of any sale of Z’s property which may be made
under A’s decree. Z has committed an offence under this section.

Dishonestly making false claim in Court: Whoever fraudulently or
dishonestly, or with intent to injure any person, makes in a Court of Justice any claim
which he knows to be false, shall be punished with imprisonment of either description for a
term which may extend to two years, and shall also be liable to fine.
Fraudulently obtaining decree for sum not due: Whoever fraudulently obtains a
decree or order against any person for a sum not due, or for a larger sum than is due, or
for any property or interest in property to which he is not entitled, or fraudulently causes a
decree or order to be executed against any person after it has been satisfied or for
anything in respect of which it has been satisfied, or fraudulently, suffers or permits any
such act to be done in his name, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
False charge of offence made with intent to injure: Whoever with intent to cause
injury to any person, institutes or causes to be instituted any criminal proceeding against
that person, or falsely charges any person with having committed as offence, knowing that
there is no just or lawful ground for such proceeding or charge against that person, shall
be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both,
and if such criminal proceeding be instituted on a false charge of an offence
punishable with death, imprisonment for life or imprisonment for seven years or upwards,
shall be punishable with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
Harbouring offender: Whenever an offence has been committed, whoever
harbours or conceals a person whom he knows or has reason to believe to be the
offender, with the intention of screening him from legal punishment,
if a capital offence: shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to five years, and shall
also be liable to fine,
If punishable with imprisonment for life, or with imprisonment: and if the offence is
punishable with imprisonment for life or with imprisonment which may extend to ten years,
shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine,
and if the offence is punishable with imprisonment which may extend to one year,
and not to ten years, shall be punished with imprisonment of the description provided for
the offence for a term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.

“Offence” in this section includes, any act committed at any place out of Pakistan,
which, if committed in Pakistan, would be punishable under any of the following sections,
namely 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399. 402, 435, 436, 449, 450,
457, 458, 459, and 460 and every such act shall, for the purposes of this section, be
deemed to be punishable as if the accused person had been guilty of it in Pakistan.
Exception: This provision shall not extend to any case in which the harbour or
concealment is by the husband or wife of the offender.
Illustration
A knowing that B has committed dacoity, knowingly conceals S in order to screen him
legal punishment. Here, as S is liable to imprisonment for life, A is liable to imprisonment
of either description for a term not exceeding three years, and is liable to fine.

Taking gift, etc., to screen an offender from punishment: Whoever accepts or
attempts to obtain, or agrees to accept, any gratification for himself or any other person, or
any restitution of property to himself or any other person, in consideration of his
concealing an offence or of his screening any person from legal punishment for any
offence, or of his not proceeding against any person for the purpose of bringing him to
legal punishment;
if a capital offence: shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine;
if punishable with imprisonment for life, or with imprisonment: and if the offence is
punishable with imprisonment for life or with imprisonment which may extend to ten years,
shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall
be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for offence, or
with fine, or with both.
Offering gift or restoration of property in consideration of screening offender:
Whoever gives or causes or offers or agrees to give or cause, any gratification to any
person, or to restore or cause the restoration of any property to any person, in
consideration of that person’s concealing an offence, or of his screening any person from
legal punishment for any offence, or of his not proceeding against any person for the
purpose of bringing him to legal punishment;
if a capital offence: shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine;

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if punishable with imprisonment for life, or with imprisonment: and if the offence is
punishable with imprisonment for life, or with imprisonment which may extend to ten
years, shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment not extending to fen years, shall
be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for the
offence, or with fine, or with both.
Exception: The provisions of Sections 213 and 214 do not extend to any case in which the
offence may lawfully be compounded.
Illustrations
[Rep. by the Code of Criminal Procedure, X of 1882].

Taking gift to help to recover property, etc.: Whoever takes or agrees or consents
to take any gratification under pretence or on account of helping any person to recover
any movable property of which he shall have been deprived by any offence punishable
under this Code, shall, unless he uses all means in his power to cause the offender to be
apprehended and convicted of the offence, be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Harbouring offender who has escaped from custody or whose apprehension
has been ordered: Whenever any person convicted of, or charged with an offence, being
in lawful custody for that offence, escapes from such custody,
or whenever a public servant, in the exercise of the lawful powers of such public
servant, orders a certain person to be apprehended for an offence, whoever, knowing of
such escape or order for apprehension, harbours or conceals that person with the
intention of preventing him from being apprehended, shall be punished in the manner
following, that is to say;
if a capital offence: if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment: if the offence is
punishable with imprisonment for life or imprisonment for ten years, he shall be punished
with imprisonment of either description for a term which may extend to three years, with or
without fine;
and if the offence is punishable with imprisonment which may extend to one year
and not to ten years, he shall be punished with imprisonment of the description provided
for the offence for a term which may extend to one fourth part of the longest term of the
imprisonment provided for such offence or with fine, or with both.

“Offence” in this section includes also any act or omission of which a person is alleged to
have been guilty out of Pakistan which, if he had been guilty of it in Pakistan would have
been punishable as an offence, and for which he is under any law relating to extradition,
or otherwise, liable to be apprehended or detained in custody in Pakistan, and every such
act or omission shall, for the purposes of this section, be deemed to be punishable as if
the accused person had been guilty of it in Pakistan.
Exception: This provision does not extend to the case in which the harbour or
concealment is by the husband or wife of the person to be apprehended,
216-A. Penalty for harbouring robbers or dacoits: Whoever, knowing or having reason
to believe that any persons are about to commit or have recently committed robbery or
dacoity, harbours them or any of them, with the intention of facilitating the commission of
such robbery or dacoity, or of screening them or any of them from punishment, shall be
punished with rigorous imprisonment for a term which may extend to seven years, and
shall also be liable to fine.
Explanation: For the- purposes of this Section it is immaterial whether the robbery or
dacoity is intended to be committed, or has been committed, within or without Pakistan.
Exception: This provision does not extend to the case in which the harbour is by the
husband or wife of the offender.
Sec. 216-A ins. by the Criminal Law (Amendment) Act, 111 of 1894.
216-B. Definition of “harbour” in Sections 212, 216and 216-A [Omitted by the Penal Code
(Amendment) Act, VIII of 1942, S. 3]

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

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

Public servant in judicial proceeding corruptly making report, etc., contrary to
law: Whoever being a public servant, corruptly or maliciously makes or pronounces in any
stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be
contrary to law, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.
Commitment for trial or confinement by person having authority who knows
that he Is acting contrary to law: Whoever, being in any office which gives him legal
authority to commit persons for trial or to confinement, or to keep persons in confinement,
corruptly or maliciously commits any person for trial or confinement, or keeps any person
in confinement, in the exercise of that authority, knowing that in so doing he is acting
contrary to law, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.
Intentional omission to apprehend on the part of public servant bound to
apprehend: Whoever, being a public servant, legally bound as such public servant to
apprehend or to keep in confinement any person charged with or liable to be apprehended
for an offence, intentionally omits to apprehend such person, or intentionally suffers such
person to. escape, or intentionally aids such person in escaping or attempting to escape
from such confinement, shall be punished as follows, that is to say–
with imprisonment of either description for a term which may extend to seven years,
with or without fine, if the person in confinement, or who ought to have been apprehended,
was charged with or liable to be apprehended for, an offence punishable with death; or
with imprisonment of either description for a term which may extend to three years,
with or without fine, if the person in confinement, or who ought to have been apprehended,
was charged with, or liable to be apprehended for an offence punishable with
imprisonment for life or imprisonment for a term which may extend to ten years; or
with imprisonment of either description for a term which may extend to two years,
with or without fine, if the person in confinement, or who ought to have- been
apprehended, was charged with, or liable to be apprehended for, an offence punishable
with imprisonment for a term less than ten years.
Intentional omission to apprehend on the part of public servant bound to
apprehend person under sentence or lawfully committed: Whoever, being a public
servant, legally bound as such public servant to apprehend or to keep to confinement any
person under sentence of a Court of Justice for any offence or lawfully committed to
custody, intentionally, omits, to apprehend such person, or intentionally suffers such
person to escape or intentionally aids such person in escaping or attempting to escape
from such confinement, shall be punished as follows that is to say;

with imprisonment for life or with imprisonment of either description for a term which
may extend to fourteen years, with or without fine, if the person in confinement, or who
ought to have been apprehended, is under sentence of death; or
with imprisonment of either description for a term which may extend to seven years,
with or without fine, if the person in confinement, or who ought to have been apprehended
is subject by a sentence, of a Court of Justice, or by virtue of a commutation of such
sentence, to imprisonment for life or imprisonment for a term of ten years or upwards; or
with imprisonment of either description for a term which may extend to three years, or with
fine, or with both, if the person in confinement, or who ought to have been apprehended is
subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to
ten years or if the person was lawfully committed to custody.

Escape from confinement or custody negligently suffered by public servant:
Whoever, being a public servant legally bound as such public servant to keep in
confinement any person charged with or convicted of any offence or lawfully committed to
custody, negligently suffers such persons to escape from confinement, shall be punished
with simple imprisonment for a term which may extend to two years, or with fine, or with
both.
Resistance or obstruction by a person to his lawful apprehension: Whoever
intentionally offers any resistance or illegal obstruction to the lawful apprehension of
himself for any offence with which he is charged or of which he has been convicted; or
escapes or attempts to escape from any custody in which he is lawfully detained for any
such offence, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
Explanation: The punishment in this section is in addition to the punishment for which the
person to be apprehended or detained in custody was liable for the offence with which he
was charged, or of which he was convicted.
Resistance or obstruction to lawful apprehension of another person: Whoever
intentionally offers any resistance or illegal obstruction to the lawful apprehension of any
other person for an offence, or rescue or attempts to rescue any other person from any
custody in which that person is lawfully detained for an offence, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both;
or, if the person to be apprehended, or the person rescued or attempted to be
rescued, is charged with or liable to be apprehended for an offence punishable with
imprisonment for life, or imprisonment for a term which may extend to ten years, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine;

or, if the person to be apprehended or, rescued, or attempted to be rescued, is
charged with or liable to be apprehended for an offence punishable with death, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine;
or, if. the person to be apprehended or rescued or attempted to be rescued, is
liable under the sentence of a Court of Justice, or by virtue of a commutation of such a
sentence, to imprisonment for life or imprisonment, for a term of ten years or upwards,
shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is
under sentence of death, shall be punished with imprisonment for life or imprisonment of
either description for a term not exceeding ten years, and shall also be liable to fine.
225-A. Omission to apprehend, or sufferance of escape, on part of public servant, in
cases not otherwise provided for: Whoever, being a public servant legally bound as
such public servant to apprehend, or to keep in confinement, any person In any case not
provided for in Section 221, Section 222 or Section 223, or in any other law for the time
being in force, omits to apprehend that person or suffers him to escape from confinement,
shall be punished:
(a) if he does so intentionally, with imprisonment of either description for a term which may
extend to three years, or with fine or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two
years, or with fine, or with both.
Section 225-A ins. by the Criminal Law (Amendment) Act, X of 1886.
225-B. Resistance or obstruction to lawful apprehension, or escape or rescue in
cases not otherwise provided for: Whoever, in any case not provided for in Section 224
or Section 225 or in any other law for the time being in force, intentionally offers any
resistance or illegal obstruction to the lawful apprehension of himself or of any other
person, or escapes or attempts to escape from any custody in which he is lawfully
detained, or rescues or attempts to rescue any other person from any custody in which
that person is lawfully detained, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with both.
Sec. 225-B ins. by the Criminal Law (Amendment) Act, X of 1886.

Unlawful return from transportation : [Omitted by the Law Reforms Ordinance, XII of
1972, Section 2 and Sched.]
Violation of condition of remission of punishment: Whoever, having accepted
any conditional remission of punishment, knowingly violates any condition on which such
remission was granted/shall be punished with the punishment to which he was originally

sentenced, if he has already suffered no part of that punishment, and if he has suffered
any part of that punishment, then with so much of that punishment as he has not already
suffered.

Intentional insult or interruption to public servant sitting in judicial proceeding:
Whoever intentionally offers any insult or causes any interruption to any public servant,
while such public servant is sitting in any stage of a judicial proceeding, shall be punished
with simple imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
Personation of a Juror or assessor: Whoever, by personation or otherwise, shall
intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a
juryman or assessor in any case in which he knows that he is not entitled by law to be so
returned, empanelled or sworn or knowing himself to have been so returned, empanelled
or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be
punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

“Coin” defined: Coin is metal used for the time being as money, and stamped and
issued by the authority of some State or Sovereign Power in order to be so used.
“Pakistan coin”: Pakistan coin is metal stamped and issued by the authority of the
Government of Pakistan in order to be used as money; and metal which has been so
stamped and issued shall continue to be Pakistan coin for the purposes of this Chapter,
notwithstanding that it may have ceased to be used as money.
Illustrations
(a) Cowries are not coin.
(b) Lumps of unstamped copper, though used as money, are not coin.
(c) Medals are not coin, inasmuch as they are not intended to be used as money.
(d) & (e) [Omitted by the federal Laws (Revision and Declaration)
Ordinance, XXV// of 1981.]
Counterfeiting coin: Whoever counterfeits or knowingly performs any part of the
process of counterfeiting coin, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.

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

Counterfeiting Pakistan coin: Whoever counterfeits, or knowingly performs any
part of the process of counterfeiting Pakistan coin, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Making or selling instrument for counterfeiting coin : Whoever makes or mends,
or performs any part of the process of making or mending, or buys, sells or disposes of,
any die or instrument, for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for the purpose of counterfeiting coin, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
Making or selling Instrument for counterfeiting Pakistan coin: Whoever makes
or mends, or performs any part of the process of making or mending or buys, sells or
disposes of, any die or instrument, for the purpose of being used, or knowing or having
reason to believe that it is intended to be used, for the purpose of counterfeiting Pakistan
coin, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Possession of instrument or material for the purpose of using the same for
counterfeiting coin: Whoever is in possession of any instrument or material, for the
purpose of using the same for counterfeiting coin, or knowing or having reason to believe
that the same is intended to be used for that purpose, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine;
if Pakistan coin: and if the coin to be counterfeited is Pakistan coin, shall be
punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Abetting in Pakistan the counterfeiting out of Pakistan of coin: Whoever, being
within Pakistan, abets the counterfeiting of coin out of Pakistan shall be punished in the
same manner as if he abetted the counterfeiting of such coin within Pakistan.
Import or export of counterfeit coin: Whoever imports into Pakistan, or exports
there from, any counterfeit coin, knowingly or having reason to believe that the same is
counterfeit, shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.
Import or export of counterfeits of Pakistan coin: Whoever imports into Pakistan,
or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a
counterfeit of Pakistan coin, shall be punished with imprisonment for life, or with

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

Delivery of coin, possessed with knowledge that it is counterfeit: Whoever,
having any counterfeit coin, which at the time when he became possessed of it he knew to
be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same
to any person, or attempts to induce any. person to receive it, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall
also be liable to fine.
Delivery of Pakistan coin possessed with knowledge that it is counterfeit:
Whoever, having any counterfeit coin, which is a counterfeit of Pakistan coin, and which,
at the time when he became possessed of it, he knew to be a counterfeit of Pakistan coin,
fraudulently or with intent that fraud may be committed, delivers the same to any person,
or attempts to induce any person to receive it, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Delivery of coin as genuine, which, when first possessed, the deliverer did not
know to be counterfeit: Whoever delivers to any other person as genuine, or attempts to
induce any other person to receive as genuine, any counterfeit coin which he knows to be
counterfeit, but which he did not know to be counterfeit, as the time when he took it into
his possession, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine to an amount which may extend to ten times the
value of the coin counterfeited, or with both.
Illustration
A, a coiner, delivers counterfeit rupees to his accomplice 8, for the purpose of uttering
them. B sells the rupees to C, another utterer, who buys them knowing them to be
counterfeit, C pays away the rupees for goods to D. who receives them, not knowing them
to be counterfeit. D after receiving the rupees, discovers that they are counterfeit and pays
them away as if they were good. Here D is punishable only under this section, but B and C
are punishable under Section 239 or 240, as the case may be.
Possession of counterfeit coin by person who knew it to be counterfeit when
he became possessed thereof: Whoever, fraudulently, or with intent that fraud may be
committed, is in possession of counterfeit coin, having known at the time when he became
possessed thereof that such coin was counterfeit, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to
fine.
Possession of Pakistan coin by person who knew It to be counterfeit when he
became possessed thereof: Whoever, fraudulently or with intent that fraud may be
committed, as in possession of counterfeit coin, which is a counterfeit of Pakistan coin,
having known at the time when he became possessed of it that it was counterfeit, shall be
Punished with imprisonment of either description for a term, which may extend to seven
years, and shall also be liable to fine.
Person employed in mint causing coin to be of different weight or composition
from that fixed by law: Whoever, being employed in any mint lawfully established in
Pakistan, does any act, or omits what he is legally bound to do, with the intention of
causing any coin issued from that mint to be of a different weight or composition from the
weight or composition fixed by law, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Unlawfully taking coining instrument from mint: Whoever, without lawful
authority, takes out of any mint, lawfully established in Pakistan, any coining tool or
instrument, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Fraudulently or dishonestly diminishing weight or altering composition of coin:
Whoever fraudulently or dishonestly performs on any coin any operation, which diminishes
the weight or alters the composition of that coin, shall be punished with imprisonment of
either description for a term, which may extend to three years, and shall also be liable to
fine.
Explanation: A person who scoops out part of the coin and puts anything else into the
cavity alters the composition of that coin.
Fraudulently or dishonestly diminishing weight or altering composition of
Pakistan coin: Whoever fraudulently or dishonestly performs on any Pakistan coin, any
operation which diminishes the weight or alters the composition of that coin, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Altering appearance of coin with intent that it shall pass as coin of different
description: Whoever performs on any coin any operation which alters the appearance of
that coin, with the intention that the said coin shall pass as a different description, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
Altering appearance of Pakistan coin with intent that it shall pass as coin of
different description: Whoever performs on any Pakistan coin any operation which alters
the appearance of that coin, with the intention that the said coin shall pass as a coin of a
different description, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
Delivery of coin, possessed with knowledge that it is altered: Whoever, having
coin in his possession with respect to which the offence defined in Section 246 or 248 has
been committed, and having known at the time when he became possessed of such coin
that such offence had been committed with respect to it, fraudulently or with intent that
fraud may be committed, delivers such coin to any other person, or attempts to induce any

other person to receive the same, shall be punished with imprisonment of either
description for a term which may extend to five years, and shall also be liable to fine.

Delivery of Pakistan coin possessed with knowledge that It is altered: Whoever,
having coin in his possession with respect to .which the offence defined in Section 247 or
249 has been committed, and having known at the time when he became possessed of
such coin that such offence had been committed with respect to it, fraudulently or with
intent that fraud may be committed, delivers such coin to any other person, or attempts to
induce any other person to receive the same, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Possession of coin by person who knew it to be altered when he became
possessed thereof: Whoever fraudulently or with intent that fraud may be committed, is
in possession of coin with respect to which the offence defined in either of the Section 246
or 248 has been committed, having known at the time of becoming possessed thereof that
such offence had been committed with respect to such coin, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine.
Possession of Pakistan coin by person who knew it to by altered when he
became possessed thereof: Whoever fraudulently or with intent that fraud may be
committed, is in possession of coin with respect of which the offence, defined in either of
Section 247 or 249 has been committed having known at the time of becoming possessed
thereof that such offence had been committed with respect to such coin, shall be punished
with imprisonment of either description for a term which may extend to five years, and
shall also be liable to fine.
Delivery of coin as genuine which, when first possessed, the deliverer did not
know to be altered: Whoever delivers to any other person as genuine or as a coin of a
different description from what it is, or attempts to induce any person to receive as
genuine, or as a different coin from what it is, any coin in respect of which’ he knows that
any such operation as that mentioned in Sections 246, 247, 248 or 249 has been
performed, but in respect of which he did not, at the time when he took it into his
possession, know that such operation had been performed, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine
to an amount which may extend to ten times the value of the coin for which the altered
coin is passed, or attempted to be passed.
Counterfeiting Government stamp : Whoever counterfeits, or knowingly performs
any part of the process of counterfeiting, any stamp issued by Government for the
purpose of revenue, shall be punished with imprisonment for life or with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation: A person commits this offence who counterfeits by causing a genuine stamp
of one denomination to appear like a genuine stamp of a different denomination.
Having possession of instrument or material for counterfeiting Government
stamp: Whoever has in his possession any instrument or material for the purpose of
being used, or knowing or having reason to believe that it is intended to be used, for the
purpose of counterfeiting any stamp issued by Government for the purpose of revenue,
shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
Making or selling instrument for counterfeiting Government stamp: Whoever
makes or performs any part of the process of making, or buys, or sells, or disposes of, any
instrument for the purpose of being used, or knowing or having reason to believe that it is
intended to be used, for the purpose of counterfeiting any stamp issued by Government
for the purpose of revenue, shall be punished with imprisonment of either description for a
term which may extend to seven years and shall also be liable to fine.
Sale of counterfeit Government stamp: Whoever sells, or offers for sale, any
stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by
Government for the purpose of revenue shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Having possession of counterfeit Government stamp : Whoever has in his
possession any stamp which he knows to be a counterfeit of any stamp issued by
Government for the purpose of revenue, intending to use, or dispose of the same as a
genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
Using as genuine a Government stamp known to be counterfeit: Whoever uses
as genuine any stamp knowing it to be a counterfeit of any stamp issued by Government
for purpose of revenue, shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine, or with both.
Effacing writing from substance, Government stamp, or removing from
document a stamp used for it, with intent to cause loss to Government: Whoever
fraudulently or with intent to cause loss to the Government, removes or effaces from any
substance bearing any stamp issued by Government for the purpose of revenue, any
writing or document for which such stamp has been used, or removes from any writing or
document a stamp which has been used for such writing or document, in order that such
stamp may be used for a different writing or document, shall be punished with
imprisonment of either description for a term which may extend to there years, or with fine,
or with both.
Using Government stamp known to have been before used: Whoever
fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp
issued by Government for the purpose of revenue, which he knows to have been before
used, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Erasure of mark denoting that has been used: Whoever, fraudulently or with intent
to cause loss to Government, erases or removes from a stamp issued by Government for
the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of
denoting that the same has been used, or knowingly has in his possession or sells or
disposes of any such stamp from which such mark has been erased or removed, or sells
or disposes of any such stamp which he knows to have been used, shall be punished with
imprisonment of either description for a term which may extend to three years or with fine,
or with both.
263-A. Prohibition of fictitious stamp: (l) Whoever–
(a) makes, knowingly alters, deals in or sells any fictitious stamp, or knowingly uses for
any postal purpose any fictitious stamp, or
(b) has in his possession, without lawful excuse, any fictitious stamp, or
(c) makes or, without .lawful excuse, has in his possession any die, plate, instrument or
materials for making any. fictitious stamp, shall be punished with fine which may extend to
two hundred rupees.
(2) An such stamp, die, plate, instrument or materials in the possession of any person for
making any fictitious stamp may be seized and shall be forfeited.
(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by
Government for the purpose of denoting a rate of postage or any facsimile or imitation or
representation, whether on paper or otherwise, of any stamp issued by Government for
that purpose.
(4) In this section and also in Sections 255 to 263, both inclusive, the word “Government”
when used in connection with, or in reference to, any stamp issued, for the purpose of
denoting a rate of postage, shall, notwithstanding anything in Section 17, be deemed to
include the person or persons authorised by law to administer executive Government in
any part of Pakistan, and also in any foreign country.
Sec. 263-A ins. by the Criminal Law (Amendment) Act, Ill of 1895.
CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

Fraudulent use of false instrument for weighing: Whoever fraudulently uses any
instrument for weighing which he knows to be false, shall be punished with imprisonment
of either description for a term, which may extend to one year, or with fine, or with both.
Fraudulent use of false weight or measure: Whoever fraudulently uses any false
weight or false measure of length or Capacity, or fraudulently uses any weight or any
measure of length or capacity as a different weight or measure from what it is, shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine or with both.
Being in possession of false weight or measure: Whoever is in possession of any
instrument for weighing, or of any weight, or of any measure of length or capacity, which
he knows to be false and intending that the same may be fraudulently used, shall be
punished with imprisonment of either description for a term which may extend to one year,
Or with fine, or with both.
Making or selling false weight or measure: Whoever makes, sells or disposes of
any instrument for weighing, or any weight, or any measure of length or capacity which he
knows to be false, in order that the same may be used as true, or knowing that the same
is likely to be used as true shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.
CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,

CONVENIENCE, DECENCY AND MORALS

Public nuisance: A person is guilty of a public nuisance who does any act or is
guilty of an illegal omission which causes any common injury, danger or annoyance to the
public or to the people in general who dwell or occupy property in the vicinity, or which
must necessarily cause injury, obstruction, danger or annoyance to persons who may
have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or
advantage.
Negligent act likely to spread infection of disease dangerous to life: Whoever
unlawfully or negligently does any act which is, and which he knows or has reason to
believe to be, likely to spread the infection of any disease dangerous to life, shall be
punished with imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
Malignant act likely to spread infection of disease dangerous to life: Whoever
malignantly does any act which is, and which he knows or has reason to believe to be,
likely to spread the infection of any disease dangerous to life, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Disobedience to quarantine rule: Whoever knowingly disobeys any rule made and
promulgated by the Federal or any Provincial Government for putting any vessel into a

state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with
the shore or with other vessels, or for regulating the intercourse between places where an
infectious disease prevails and other places, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or with both.

Adulteration of food or drink intended for sale: Whoever adulterates any article of
food or drink, so as to make such article noxious as food or drink, intending to sell such
article as food or drink, or knowing it to be likely that the same will be sold as food or drink,
snail be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
Sale of noxious food or drink: Whoever sells, or offers or exposes for sale, as food
or drink, any article which has been rendered or has become noxious, or is in a state unfit
for food or drink, knowing or haying reason to believe that the same is noxious as food or
drink, shall be punished with imprisonment of either description for a term which may
extend to six months, of with fine which may extend to one thousand rupees, or with both.
Adulteration of drugs: Whoever adulterates any drug or medical preparation-in
such a manner as to lessen the efficacy or change the operation of such drug) or medical
preparation, or to make it noxious intending that it shall be sold or used for, or knowing it
to be likely that it will be sold or used for, any medicinal purposes, as if it had not
undergone such adulteration, shall be punished with imprisonment of either description for
a term which may extend to six months or with fine which may extend to one thousand
rupees, or with both.
Sale of adulterated drugs: Whoever, knowing any drug or medical preparation to
have been adulterated in such a manner as to lessen its efficacy, to change its operation,
or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any
dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal
purposes by any person not knowing of the adulteration, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
Sale of drug as a different drug or preparation: Whoever knowingly sells, or offers
or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or
medical preparation, as a different drug or medical preparation, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both,
Fouling water of public spring or reservoir: Whoever voluntarily corrupts or fouls
the water of any public spring or reservoir, so as to render it less fit for the purpose for
which it is ordinarily used, shall be punished with imprisonment of either description for a
term which may extend to three months, or with fine which may extend to five hundred
rupees, or with both.
Making atmosphere noxious to health: Whoever voluntarily vitiates the
atmosphere in any place so as to make it noxious to the health of persons in general
dwelling or carrying on business in the neighbourhood or passing along a public way, shall
be punished with fine, which may extend to five hundred rupees.
Rash driving or riding on a public way: Whoever drives any vehicle, or rides,, on
any public way in a manner so rash or negligent as .to endanger human life, or to be likely
to cause hurt or injury to any other person, shall be punished with imprisonment of either
description for a term which may extend to two years or with fine which may extend to one
thousand rupees, or with both.
Rash navigation of vessel: Whoever navigates any vessel in a manner so rash or
negligent as to endanger human life, or to be likely to cause hurt or injury to any other
person, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees or with both.
Exhibition of false light, mark or buoy: Whoever exhibits any false light, mark or
buoy intending or knowing it to be likely that such exhibition will mislead any navigator,
shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
Conveying person by water for hire in unsafe or overloaded vessel: Whoever
knowingly or negligently conveys; or causes to be conveyed for hire, any person by water
in any vessel, when that vessel is in such a state or so loaded as to endanger the fife of
that person, shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one thousand rupees, or with
both.
Danger or obstruction in public way or line of navigation: Whoever, by doing any
act, or by omitting to take order with any property in his possession or under his charge,
causes danger, obstruction or injury to any person in any public way or public line of
navigation, shall be punished with fine which may extend to two hundred rupees.
Negligent conduct with respect to poisonous substance: Whoever does, with
any poisonous substance, any act in a manner so rash or negligent as to endanger human
life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits
to take such order with any poisonous substance in his possession as is sufficient to
guard against any probable danger to human life from such poisonous substance,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine, which may extend to one thousand rupees, or with both.
Negligent conduct with respect to fire or combustible matter : Whoever does,
with tire or any combustible matter, any act so rashly or negligently as to endanger human
life, or to be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any fire or any combustible
matter in his possession as is sufficient to guard against any probable danger to human
life from such fire or combustible matter.
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.

Negligent conduct with respect to explosive substance: Whoever does, with any
explosive substance any act so rashly or negligently as to endanger human life, or to be
likely to cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any explosive substance in his
possession as is sufficient to guard against any probable danger to human life from that
substance,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
Negligent conduct with respect to machinery: Whoever does, with any
machinery, any act so rashly or negligently as to endanger human life or to be likely to
cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any machinery in his possession
or under his care as is sufficient to guard against any probable danger to human life from
such machinery,
shall be punished with imprisonment of either description for a term which may extend to
Six months, or with fine which may extend to one thousand rupees, or with both.
Negligent conduct with respect to pulling down or repairing buildings:
Whoever, in pulling down or repairing any building, knowingly or negligently omits to take
such order with that building as is sufficient to guard against any probable danger to
human life from the fall of that building, or of any part thereof, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
Negligent conduct with respect to animal: Whoever, knowingly or negligently
omits to take such order with any animal in his possession as is sufficient to guard against
any probable danger to human life, or any probable danger of grievous hurt from such
animal, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand Rupees, or with
both.
Punishment for public nuisance in cases not otherwise provided for: Whoever
commits a public nuisance in any case not otherwise punishable by this Code, shall be
punished with fine which may extend to two hundred rupees.
Continuance of nuisance after injunction to discontinue: Whoever repeats or
continues a public nuisance having been enjoined by any public servant who has lawful
authority to issue such injunction not to repeat or continue such nuisance, shall be
punished with simple imprisonment for a term which may extend to six months, or with
fine, or with both.
Sale, etc., of obscene books, etc.: Whoever:-
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or
for purposes of sale. hire, distribution, public exhibition or circulation,, makes, produces
or has in his possession any obscene book, pamphlet, paper, drawing, painting,
representation or figure or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or
knowing or having reason to believe that such object will be sold, let to hire, distributed or
publicly exhibited or in any manner put into circulation, or
shall be punished with imprisonment of either description for a term which may extend to
Six months, or with fine which may extend to one thousand rupees, or with both.
(c) takes part in or receives profits from, any business in the course of which he knows or
has reason to believe that any such obscene objects are, for any of -the purposes
aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly
exhibited or in any manner put into circulation, or .
(d) advertises or makes known by any means whatsoever that any person he engaged or
is ready to engage in any act which is an offence under this section, or that any such
obscene object can be procured from or through any person, or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished with imprisonment of either description for a term which may extend to
three months, or which tine or with both. .
Exception: This section does not extend to any book, pamphlet, writing, drawing or
painting kept or used bona fide for religious purposes or any representation sculptured,
engraved, painted or otherwise represented on or in any temple, or on any car used for
the conveyance of idols, or kept or used for any religious purpose.
Sale, etc., of obscene objects to young person : Whoever sells, .lets to hire,
distributes,, exhibits or circulates to any person under the age of twenty years any such
obscene object as is referred to in the last preceding section, or offers or attempts so to
do, shall be punished with imprisonment of either description for a term which may extend
to six months, or with fine, or with both.
Obscene acts and songs; Whoever, to the annoyance of others, —
(a) does any obscene act in any public place, or
(h) sings, recites or utters any obscene songs, ballad or words, in or near any public
place,
shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine, or with both.
294-A. Keeping lottery office: Whoever keeps any office or place for the purpose of
drawing any lottery not being a State lottery or a lottery authorized by the Provincial
Government shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine, or with both.
And whoever publishes any proposal to pay any sum, or to deliver any goods, or to -do or
forbear doing anything for the benefit of any person, on any event or contingency relative
or applicable to the drawing of any ticket, lot, number or figure in any such lottery shall be
punished with fine which may extend to one thousand rupees.
Sec. 294-A ins- by the Pakistan Penal Code (Amendment) Act, XXVII of 1970
294-B. Offering of prize in connection with trade, etc.: Whoever offers, or undertakes
to offer, in connection with any trade or business or sale of any commodity, any prize,
reward or other similar consideration, by whatever name called, whether in money or kind,
against any coupon, ticket, number or figure, or by any other device, as an inducement or
encouragement to trade or business or to the buying of any commodity, or for the purpose
of advertisement or popularising any commodity, and whoever publishes any such offer,
shall be punishable, with imprisonment of either description for a term which may extend
to six months, or with fine, or with both.
Sec. 294-B ins. by Pakistan Penal Code (Amendment) Act, XX of 1965.
CHAPTER XV

OF OFFENCES RELATING TO RELIGION

Injuring or defiling place of worship, with Intent to insult the religion of any
class: Whoever destroys, damages or defiles any place of worship, or any object held
sacred by any class of persons with the intention of thereby insulting the religion of any
class of persons or with the knowledge that any class of persons is likely to consider such
destruction damage or defilement as an insult to their religion. shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
295-A. Deliberate and malicious acts Intended to outrage religious feelings of any
class by insulting Its religion or religious beliefs: Whoever, with deliberate and
malicious intention of outraging the ‘religious feelings of any class of the citizens of
Pakistan, by words, either spoken or written, or by visible representations insults the

religion or the religious beliefs of that class, shall be punished with imprisonment of either
description for a term which may extend to ten years, or with fine, or with both.
Sec. 295-A ins. by the Criminal Law (Amendment) Act, XXV of 1927.
295-B. Defiling, etc., of Holy Qur’an : Whoever wilfully defiles, damages or desecrates a
copy of the Holy Qur’an or of an extract therefrom or uses it in any derogatory manner or
for any unlawful purpose shall be punishable with imprisonment for life.
Sec. 295-B added by P.P.C. (Amendment) Ordinance, I of 1982.
295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet: Whoever by
words, either spoken or written, or by visible representation or by any imputation,
innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet
Muhammad (peace be upon him) shall be punished with death, or imprisonment for life,
and shall also be liable to fine.
Sec. 295-C ins. by the Criminal Law (amendment) Act, 111 of 1986, S. 2

Disturbing religious assembly : Whoever voluntarily causes disturbance to any
assembly lawfully engaged in the performance of religious worship, or religious
ceremonies, shall be punished with imprisonment of either description for a term which
may extend to one year, or with fine, or with both.
Trespassing on burial places, etc.: Whoever, with the intention of wounding the
feelings of any person, or of insulting the religion of any person, or with the knowledge that
the feelings of any person are likely to be wounded, or that the religion of any person is
likely to be insulted thereby,
commits any trespass in any place of worship or on any place of sculpture, or any place
set apart for the performance
of funeral rites or as a, depository for the remains of the dead, or offers any indignity to
any human corpse or causes disturbance to any persons assembled for the performance
of funeral ceremonies,
shall be punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
Uttering words, etc., with deliberate intent to wound religious feelings:
Whoever, with the deliberate intention of wounding the religious feelings of any person,
utters any word or makes any sound in the hearing of that person or makes any gesture in
the sight of that person or places any object in the sight of that person, shall be punished
with imprisonment of either description for a term which may extend to one year or with
fine, or with both.
298-A. Use of derogatory remarks, etc., in respect of holy personages: Whoever by
words, either spoken or written, or by visible representation, or by any imputation,
innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul

Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (peace be upon
him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of
the Holy Prophet (peace be upon him) shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
Sec. 298-A added by the Pakistan Penal Code (Second Amendment) Ordinance, XLIV of 1980.
298-B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy
personages or places: (1) Any person of the Quadiani group or the Lahori group (who
call themselves ‘Ahmadis’ or by any other name who by words, either spoken or written, or
by visible representation-
(a) refers to or addresses, any person, other than a Caliph or companion of the Holy

Prophet Muhammad (peace be upon him), as “Ameer-ul-Mumineen”, “Khalifatul-
Mumineen”, Khalifa-tul-Muslimeen”, “Sahaabi” or “Razi Allah Anho”;

(b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad
(peace bi upon him), as “Ummul-Mumineen”;
(c) refers to, or addresses, any person, other than a member of the family “Ahle-bait” of
the Holy Prophet Muhammad (peace be upon him), as “Ahle-baft”; or
(d) refers to, or names, or calls, his place of worship a “Masjid”;
shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
(2) Any person of the Qaudiani group or Lahori group (who call themselves “Ahmadis” or
by any other name) who by words, either spoken or written, or by visible representation
refers to the mode or form of call to prayers followed by his faith as “Azan”, or recites Azan
as used by the Muslims, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
Sec. 298-B ins. by Anti-lslamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment)
Ordinance, XX of 1984
298-C. Person of Quadiani group, etc., calling himself a Muslim or preaching or
propagating his faith : Any person of the Quadiani group or the Lahori group (who call
themselves ‘Ahmadis’ or by any other name), who directly or indirectly, poses himself as a
Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or
invites others to accept his faith, by words, either spoken or written, or by visible
representations, or in any manner whatsoever outrages the religious feelings of Muslims
shall be punished with imprisonment of either description for a term which may extend to
three years and shall also be liable to fine.
Sec. 298-C. ins. by the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and
Punishment) Ordinance, XX of 1984.

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

Of offences Affecting Life

Definitions : In this Chapter, unless there is anything repugnant in the subject or
context:
(a) “adult” means a person who has attained the age of eighteen years ;
(b) “arsh” means the compensation specified in this Chapter to be paid to the victim or his
heirs under this Chapter; .
(c) “authorised medical officer” means a medical officer or a Medical board, howsoever
designated, authorised by the Provincial Government;
(d) “daman” means the compensation determined by the Court to be paid by the offender
to the victim for causing hurt not liable to arsh;
(e) “diyat” means the compensation specified in Section 323 payable to the heirs of the
victim ;
(f) “Government” means the Provincial Government,
(g) “ikrah-e-tam” means putting any person, his .spouse or any of his blood relations within
the prohibited degree of marriage in fear of instant death or instant, permanent impairing
of any organ of the body or instant fear of being subjected to sodomy or ziha-bil-jabr;
(h) “ikrah-e-naqis” means any form of duress which does not amount to ikrah-i-tam;
(i) “minor” means a person who is not an adult;
(j) “qatl” means causing death of a person ;
(k) “qisas” means punishment by causing similar hurt at the same part of the body of the

convict as he has caused to the victim or by causing his death if he has committed qatl-i-
amd in exercise Of the right of the victim or a wali’,

(l) “ta’zir” means purushment other than qisas, diyat, arsh , or daman; and
(m) “wali” means a person entitled to claim qisas.

Qatl-e-Amd : Whoever, with the intention of causing death or with the intention of
causing bodily injury to a person, by doing an act which in the ordinary course of nature is
likely to cause death, or with-the knowledge that his act is so imminently dangerous that it
must in all probability cause death, causes the death of such person, is said to commit
qatl-e-amd.
Causing death of person other than the person whose death was intended :
Where a person, by doing anything which he intends or knows to be likely to cause death,
causes death of any person whose death he neither intends nor knows himself to be likely
to cause, such an act committed by the offender shall be liable for qatl-i-amd.
Punishment of qatl-i-amd : Whoever commits qatl-e-amd shall, subject to the
provisions of this Chapter be:
(a) punished with death as qisas;
(b) punished with death for imprisonment for life as ta’zir having regard to the facts and
circumstances of the case, if the proof in either of the forms specified in Section 304 is not
available; or
(c) punished with imprisonment of either description for a term which may extend to
twenty-five years, where according to the Injunctions of Islam the punishment of qisas is
tot applicable.
Qatl committed under ikrah-i-tam or ikrah-i-naqis : Whoever commits qatl:
(a) under Ikrah-i-tam shall be punished with imprisonment for a term which may extend to
twenty-five years but shall not be less than ten years and the person causing ‘ikrah-i-tam’
shall be punished for the ‘.kind of Qatl committed as a consequence of ikrah-i-tam; or
(b) under ‘ikrah-i-naqis’ shall be punished for the kind of Qatl committed by him and the
person, causing ‘ikrah-i-naqis, shall be punished with imprisonment for a term which may
extend to ten years.
Proof of qatl-i-amd liable to qisas, etc.: (1) Proof of qatl-i-amd shall be in any of
the following forms, namely: –
(a) the accused makes before a Court competent to try the offence a voluntary and true
confession of the commission of the offence; or
(b) by the evidence as provided in Article 17 of the Qanun-e-Shalladat, 1984 (P.O. No. 10
of 1984).
(2) The provisions of sub-section (1) shall, mutatis, mutandis, apply to a hurt liable to
qisas.
Wali: In case of qatl, the wali shall be–
(a) the heirs of the victim, according to his personal law; and
(b) the Government, if there is no heir.
Qatl-e-amd not liable to qisas : Oatil-i-Amd shall not be liable to qisas in the
following cases, namely:–
(a) when an offender is a minor or insane:
Provided that, where a person liable to qisas associates himself in the commission of the
offence with a person not liable to qisas, with the intention of saving himself from qisas,
.he shall not be exempted from qisas;
(b) when an offender causes death of his child or grand-child, howlowsoever’; and
(c) when any wali of the victim is a direct descendant, howlowsoever, of the offender.
Cases in which Qisas for qatl-i-amd shall not be enforced: (1) Qisas for qatl-i-
amd, shall not be enforced in the following cases, namely:–

(a) when the offender dies before the enforcement of qisas;
(b) when any wali voluntarily and without duress, to the satisfaction of the Court, waives
the right of qisas under Section 309 or compounds under Section 310 and
(c) when the right of qisas devolves on the offender as a result of the death of the wali of
the victim, or on , the person who has no right of qisas against the offender., .
(2) To satisfy itself that the wali has waived the right of qi’sas under Section 309 or
compounded the right of qisas under Section 310 voluntarily and without duress the Court
shall take down the statement of the wali and such other persons as it may deem
necessary on oath and .record an opinion that it is satisfied that the Waiver or, as the case
may be, the composition, was voluntary and not the result of any duress.
Illustrations
(i) A kills Z, the maternal uncle of his son B. Z has no other wali except D the wife of A. D
has the right of qisas from A but if D dies, the right of qisas shall devolve on her son B
who is also the son of the offender A. B cannot claim qisas against his father. Therefore,
the qisas cannot be enforced.
(ii) B kills Z, the brother of their husband A. Z has no heir except A. Here A can claim
qisas from his wife B. But if A dies, the right of qisas shall devolve on his son D who is
also son of B, the qisas cannot be enforced against B.

Punishment in qatl-i-amd not liable to qisas, etc.: (1) Where an offender guilty of
qatl-i-amd is not liable to qisas under Section 306 or the gisas is not enforceable under
clause (c) of Section 307, he shall be liable to diyat:

Provided that, where the offender is minor or insane, diyat shall be payable either from his
property or, by such person as may be determined by the Court:
Provided further that where at the time of committing qatl-i-amd the offender being a
minor, had attained sufficient maturity of being insane, had a lucid interval, so as to be
able to realize the consequences of his act, he may also be punished with imprisonment
of either description for a term which may extend to fourteen years as ta’zir.
Provided further that, where the qisas is not enforceable under clause (c) of Section 307,
the offender shall be liable to diyat only if there is any wali other than offender and if there
is no wali other than the offender, he shall be punished with imprisonment of either
description for a term which may extend to fourteen years as ta’zir.
(2) Notwithstanding anything contained in sub-section (i), the Court, having regard to the
facts and circumstances of the case in addition to the punishment of diyat, may punish the
offender with imprisonment of either description for a term which may extend to fourteen
years, as ta’zir.

Waiver (Afw) of qisas in qatl-i-amd : In the case of qatl-i-amd, an adult sane wali
may, at any time and without any compensation, waive his right of qisas:
Provided that the right of qisas shall not be waived;
(a) where the Government is the wali, or
(b) where the right of qisas vests in a minor or insane,
(2) Where a victim has more than one Wali any one of them may waive his right of qisas:
Provided that the wali who does not waive the right of qisas shall be entitled to his share
of diyat.
(3) Where there are more than one victim, the waiver of the right of qisas by the wali of
one victim shall not affect the right of qisas of the wali of the other victim.
(4) Where there are more than one offenders, the waiver of the right of qisas against one
offender shall not affect the right of qisas against the other offender.
Compounding of qisas (Sulh) in qatl-i-amd: (1) In the case of qatl-i-amd, an adult
sane wali may, at any time on accepting badl-i-sulh, compound his right of qisas:
Provided that giving a female in marriage shall not be a valid badl-i-sulh.
(2) Where a wali is a minor or an insane, the wali of such minor or insane wali may
compound the right of qisas on behalf of such minor or insane wali:

Provided that the value of badf-i-sufh shall not be less than the value of diyat.
(3) Where the Government is the wali, it may compound the right of qisas:
Provided that fee value of badi-i-sulh shall not be less than the value of diyat.
(4) Where the badl-i-sufh is not determined or is a property or a right the value of which
cannot be determined in terms of money under Shari’ah, the right of qisas shall be
deemed to have been compounded and the offender shall be liable to diyat.
(5) Badl-i-sulh may be paid or given on demand or on a deferred date as may be agreed
upon between the offender and the wali
Explanation: In this section, Badl-i-sulh means the mutually agreed compensation
according to Shari’ah to be paid or given by the offender to a wali in cash or in kind or in
the form of movable or immovable property.
311-Ta’zir after waiver or compounding of right of qisas in qatl-i-amd:
Notwithstanding anything contained in Section 309 or Section 310, where all the wali do
not waive or compound the right of qisas, or keeping in view the principle of fasad-fil-arz
the Court may, in its discretion having regard to the facts and circumstances of the case,
punish an offender against whom the right of qisas has been waived or compounded with
imprisonment of either description for a term of which may extend to fourteen years as
ta’zir.
Explanation: For the purpose of this section, the expression fasad-fil-arz shall include the
past conduct of the offender, or whether he has any previous convictions, or the brutal or
shocking manner in which the offence has been committed which is outrageous to the
public conscience, or if the offender is considered a potential danger to the community.

Qatl-i-amd after waiver or compounding of qisas : Where a wali commits qatl-i-
amd of a convict against whom the right of qisas has been waived under Section 309 or

compounded under Section 310, such wali shall be punished with– . .
(a) qisas, if he had himself, waived or compounded the right of qisas against the convict or
had knowledge of such waiver of-composition by another wali, or
(b) diyat, if he had no knowledge of such waiver or composition.

Right of qisas in qatl-i-amd : (1) Where there is only one wali, he alone has the
right of qisas in qatl-i-amd but, if there are more than one, the right of qisas vests in each
of them.
(2) If the victim-
(a) has no wali, the Government shall have the right of qisas; or

(b) has no wali other than a minor or insane or one of the wali is a minor or insane, the
father or if he is not alive the paternal grandfather of such wali shall have the right of qisas
on his behalf:
Provided that, if the minor or insane wali has no father or paternal grandfather,
howhighsoever, alive and no guardian has been appointed by the Court, the Government
shall have the right of qisas on his behalf.

Execution of qisas in qatl-i-amd: (1) Qisas in Qatll-i-amd shall be executed by a
functionary of the Government by causing death of the convict as the Court may direct.
(2) Qisas shall not be executed until all the wali are present at the time of execution, either
personally or through their representatives authorised by them in writing in this behalf:
Provided that where a wali or his representative fails to present himself on the date, time
and place of execution of qisas after having been informed of the date, time and place as
certified by the Court, an officer authorised by the Court shall give permission for the
execution of qisas and the Government shall cause execution of qisas in the absence of
such wali.
(3) If the convict is a woman who is pregnant, the Court may, in consultation with an
authorised medical officer, postpone the execution of qisas up to a period of two years
after the birth of the child and during this period she may be released on bail on furnishing
of security to the satisfaction of the Court, or, if she is not so released she shall, be dealt
with as if sentenced to simple imprisonment.
315-Qatl shibh-i-amd: Whoever, with intent to cause harm to the body or mind of any
person, causes the death of that or of any other person by means of a weapon or an act

which in the ordinary course of nature is not likely to cause death is said to commit qatl-
shibh-i-amd.

Illustration
A in order to cause hurt strikes Z with a stick or stone which in the ordinary course of
nature is not likely to cause death. Z dies as a result of such hurt. A shall be guilty of Qatl
shibh-i-amd.

Punishment for Qatl shibh-l-amd: Whoever commits qatl shibh-i-amd shall be
liable to diyat and may also be punished with imprisonment of either description for a term
which may extend to fourteen years as ta’zir.
Person committing qatl debarred from succession: Where a person
committing qatl-i-amd or Qatl shibh-i-amd is an heir or a beneficiary under a will, he shall
be debarred from succeeding to the estate of the victim as an heir or a beneficiary.
Qatl-i-khata: Whoever, without any intention to cause death of, or cause harm to, a
person causes death of such person, either by mistake of act or by mistake of fact, is said
to commit qatl-i-khata.
Illustrations
(a) A aims at a deer but misses the target and kills Z who is standing by, A is guilty of
qatl-i-khata.
(b) A shoots at an object to be a boar but it turns out to be a human being. A is guilty of
qatl-i-khata.
Punishment for qatl-i-khata: Whoever commits qatl-i-khata shall be liable to diyat:.
Provided that, where qatl-i-khata is committed by a rash or negligent act, other than rash
or negligent driving, the offender may, in addition to diyat, also be punished with
imprisonment of either description for a term which may extend to five years as ta’zir.
Punishment for qatl-i-khata by rash or negligent driving: Whoever commits qatl-i-
khata by rash or negligent driving shall, having regard to the facts and circumstances the

case, in addition to diyat, be punished with imprisonment of either description for a term
which may extend to ten years

Qatl-bis-sabab : Whoever, without any intention, cause death of, or cause harm to,
any person, does any unlawful act which becomes a cause for the death of another
person, is said to commit qatl-bis-sabab.
Illustration
A unlawfully digs a pit in the thoroughfare, but without any intention to cause death of, or
harm to, any person, B while passing from there falls in it and is killed. A has committed
qatl-bis-sabab.
Punishment for qatl-bis-sabab: Whoever commit qatl bis-sabab shall be liable to
diyat.
Value of diyat: (1) The Court shall, subject to the Injunctions of Islam as laid down in
the Holy Qur’an and Sunnah and keeping In view the financial position of the convict and
the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty
thousand six hundred and thirty grams of silver.
(2) For the purpose of sub-section (1), the Federal Government shall, by notification in the
official Gazette, declare the value of Silver, on the first day of July each year or on such
date as it may deem fit, which shall be the value payable during a financial year.
Attempt to commit qatl-i-amd: Whoever does any act with such intention or
knowledge, and under such circumstances, that, if he by. that act caused qatl, he would
be guilty of qatl-i-amd, shall be punished with imprisonment for

either description for a term which may extend to ten years, and shall also be liable to fine,
and, if hurt is caused to any person by such act, the offender shall, in addition to the
imprisonment and fine as aforesaid, be liable to the punishment provided for the hurt
caused:
Provided that. where the punishment for the hurt is qisas which is not executable, the
offender shall be liable to arsh and may also be punished with imprisonment of either
description for a term which may extend to seven years.

Attempt to commit suicide: Whoever attempts to commit suicide and does any act
towards the commission of such offence, shall be punished with simple imprisonment for a
term which may extend to one year, or with fine, or with both.
Thug: Whoever shall have been habitually associated with any other or others for
the purpose of committing robbery or child-stealing by means of or accompanied with
Qatl, is a thug.
Punishment: Whoever is a thug, shall be punished with imprisonment for life and
shall also be liable to fine.
Exposure and abandonment of child under twelve years by parent or person
having care of it: Whoever being the father or mother of a child under the age of twelve
years, or having the care of such child, shall expose or leave such child in any place with
the intention of wholly abandoning such child, shall be punished with imprisonment’ of
either description for- a term which may extend to seven years, or with fine, or with both.
Explanation : This section is not intended to prevent the trial of the offender for qatl-i-amd
or qatl-i-shibh-i-amd or qatl-bis-sabab, as the case may be, if the child dies in
consequence of the exposure.
Concealment of birth by secret disposal of dead body: Whoever, by secretly
burying or otherwise disposing of the dead body of a child whether such child dies before
or after or during its birth, intentionally conceals or endeavours to conceal the birth shall
be punishable with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Disbursement of diyat: The diyat shall be disbursed among the heirs of the victim
according to their respective shares in inheritance:
Provided that, where an heir foregoes his share, the diyat shall not be recovered to the
extent of his share.
Payment of Diyat: (1) The diyat may be made payable in lumpsum or in instalments
spread over a period of three years from the date of the final judgment.

(2) Where a convict fails to pay diyat or any part thereof within the period specified in sub-
section (1), the convict may be kept in jail and dealt with in the same manner as if

sentenced to simple imprisonment until the diyat is paid full or may be released on bail If
he furnishes security equivalent to the amount of diyat to the satisfaction of the Court.
(3) Where a convict dies before the payment of diyat or any part thereof, it shall be
recovered from his estate.

Hurt: (1) Whoever causes pain, harm, disease, infianity or injury to any person or
impairs, disables or dismembers any organ of the body or part thereof of any person
without causing his death, is said to cause hurt.
(2) The following are the kinds of hurt :
(a) Itlaf-i-udw
(b) itlaf-i-salahiyyat-i-udw
(c) shajjah
(d) jurh and
(e) all kinds of other hurts.
Itlaf-i-udw: Whoever dismembers, amputates, severs any limb or organ of the body
of another person is said to cause Itlaf-i-udw.
Punishment for Itlaf-udw: Whoever by doing any act with the intention of thereby
causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to
any person causes Itlaf-i-udw of any person, shall, in consultation with the authorised
medical officer, be punished with qisas, and if the qisas is not executable keeping in view
the principles of equality in accordance with the Injunctions of Islam, the offender shall be
liable to arsh and may also be punished with imprisonment of either description for a term
which may extend to ten years as ta’zir.
Itlaf-i-salahiyyat-i-udw: Whoever destroys or permanently impairs the functioning,
power or capacity of an organ of the body of another person, or causes permanent
disfigurement is said to cause itlaf-i-salahiyyat-i-udw.
Punishment for itlaf-i-salahiyyat-i-udw : Whoever, by doing any act with the
intention of causing hurt to any person, or with the knowledge that he is likely to cause
hurt to any person, causes itlaf-i-salahiyyat-i-udw of any person, shall, in consultation with
the authorised medical officer, be punished with qisas and if the qisas is not executable,
keeping in view the principles of equality in accordance with the Injunctions of Islam, the
offender shall be liable to arsh and may also be punished with imprisonment of either
description for a term which may extend to ten years as taz’ir.
Shajjah : (1) Whoever causes, on the head or face of any person, any hurt which
does not amount to itlaf-i-udw or itlaf-i-salahiyyat-i-udw, is said to cause shajjah.
(2) The following are the kinds of shaljah namely:-
(a) Shajjah-i-Khafifah
(b) Shalfah’i-mudihah
(c) Shajjah-i-hashimah
(d) Shajjah-i-munaqqilah
(e) Shaijah-i-ammah and
(f) Shajjah-i-damighah
(3) Whoever causes shajjah
(i) without exposing bone of the victim, is said to cause shajjah-i-khafifah;

(ii) by exposing any bone of the victim without causing fracture, is said to cause shajjah-i-
mudihah;

(iii) by fracturing the bone of the victim, without dislocating it, is said to cause shajjah-i-
hashimah;

(iv) by causing fracture of the bone of the victim and thereby the bone is dislocated, is said
to cause shajfah-i-munaqqilah;
(v) by causing fracture of the skull of the victim so that the wound touches the membrane
of the brain, is said to cause shajjah-i-ammah;
(vi) by causing fracture of the skull of the victim and the wound ruptures the membrane of
the brain is said to cause shaijah-i-damighah.
337-A. Punishment of shajjah : Whoever, by doing any act with the intention of thereby
causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to
any person, causes–
(i) Shajjah-I-khafifah to any person, shall be liable to daman and may also be punished
with imprisonment of either description for a term which may extend to two years as ta’zir,
(ii) shajjah-i-mudihah to any person, shall, in consultation with the authorised medical
officer, be punished with qisas, and if the, qisas is not executable keeping in view the

principles of equality, in accordance with the Injunctions of Islam, the convict shall be
liable to arsh which shall be five percent of the diyat and may also be punished with
imprisonment of either description for a term which may extend to five years as ta’zir,
(iii) shajjah-i-hashimah to any person, shall be liable to arsh which shall be ten per cent of
the diyat and may also be punished with imprisonment of either description for a term
which may extend to ten years as ta’zir,
(iv) shajiah-i-munaqqilah to any person, shall be liable to arsh which shall be fifteen per
cent of the diyat and may also be punished with imprisonment of either description for a
term which may extend to ten years as ta ‘zir,
(v) shajjah-i-ammah to any person, shall be liable to arsh which shall be one-third of the
diyat and may also be punished with imprisonment of either description for a term which
may extend to ten years as ta’zir, and
(vi) shajjah-i-damighah to any person shall be liable to arsh which shall be one-half of
diyat and may also be punished with imprisonment of either description for a term which
may extend to fourteen years as ta’zir.
337-B. Jurh: (1) Whoever causes on any part of the body of a person, other than the
head or face, a hurt which leaves a mark of the wound, whether temporary or permanent,
is said to cause jurh.
(2) Jurh is of two kinds, namely:-
(a) Jaifah ; and
(b) Ghayr-jaifah
337-C. Jaifah : Whoever causes jurh in which the injury extends to the body cavity of the
trunk, is said to cause jaifah.
337-D. Punishment for jaifah : Whoever by doing any act with the intention of causing
hurt to a person or with the knowledge that he is likely to cause hurt to such person,
causes jaifah to such person, shall be liable to arsh which shall be one-third of the diyat
and may also be punished with imprisonment of either description for a term which may
extend to ten years as ta’zir.
337-E. Ghayr-jaifah : (1) Whoever causes jurh which does not amount to jaifah, is said to
cause ghayr-jaifah.
(2) The following are the kinds of ghayr-faifah, namety:-
(a) damihah
(b) badi’ah

(c) mutalahimah
(d) mudihah
(e) hashimah ; and
(f) munaqqilah
(3) Whoever causes ghayr-jaifah—
(i) in which the.skin is ruptured and bleeding occurs, is said to cause damiyah;
(ii) by cutting or incising the flesh without exposing the bone, is said to cause badi’ah;
(iii) by lacerating the flesh, is said to cause mutalahimah’,
(iv) by exposing the bone, is said to cause mudihah;
(v) by causing fracture of a bone without dislocating it, is said to cause hashimah; and
(vi) by fracturing and dislocating the bone, is said to cause munaqqilah.
337-F. Punishment of ghayr-jaifah : Whoever by doing any act with the intention of
causing hurt to any person, or with the knowledge that he is likely to cause hurt to any
person, causes”
(i) damihah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to one year as ta’zir,
(ii) badi’ah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to three years as ta’zir,
(iii) mutafahimah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to three years as ta’zir;
(iv) mudihah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to five years as ta’zir,
(v) hashimah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to five years as ta’zir, and
(vi) munaqqilah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to seven years as ta’zir.

337-G. Punishment for hurt by rash or negligent driving: Whoever causes hurt by rash
or negligent driving shall be liable to arsh or daman specified for the kind of hurt caused
and may also be punished with imprisonment of either description for a term which may
extend to five years as ta’zir.
337-H. Punishment for hurt by rash or negligent act: (1) Whoever causes hurt by rash
or negligent act, other than rash or negligent driving, shall be liable to arsh or daman
specified for the kind of hurt caused and may also be punished with imprisonment of either
description for a term which may extend to three years as ta’zir.
(2) Whoever does any act so rashly or negligently as to endanger human life or the
personal safety of other, shall be punished with imprisonment of either-description for a
term which may extend to three months, or with fine, or with both.
337-I. Punishment for causing hurt by mistake (khata): Whoever causes hurt by
mistake (khata) shall be liable to arsh or daman specified for the kind of hurt caused.
337-J. Causing hurt by mean of a poison: Whoever administers to. or causes to be
taken by, any person, any poison or any stupefying, intoxicating or unwholesome drug, or
such other thing with intent to cause hurt to such person, or with intent to commit or to
facilitate the commission of an offence, or knowing it to be likely that he will thereby cause
hurt may, in addition to the punishment of arsh or daman provided for the kind of hurt
caused, be punished, having regard to the nature of the hurt caused, with imprisonment of
either description for a term which may extend to ten years.
337-K. Causing hurt to extort confession, or to compel restoration of property:
Whoever causes hurt for the purpose of extorting from the sufferer or any person
interested in the sufferer any .confession or any information which may lead to the
detection of any offence or misconduct, or for the purpose of constraining the sufferer, or
any person interested in the Sufferer, to restore, or to cause the restoration of, any
property or valuable security or to satisfy any claim or demand, or to give information
which may lead to the restoration of any property, or valuable security shall, in addition to
the punishment of qisas, arsh or daman, as the case may be, provided for the kind of hurt
caused, be punished, having regard to the nature of the hurt caused, with imprisonment of
either description for a term which may extend to ten years as ta’zir.
337-L. Punishment for other hurt: (1) Whoever causes hurt, not mentioned
hereinbefore, which endangers life or which causes the sufferer to remain in severe bodily
pain for twenty days or more or renders him unable to follow his ordinary pursuits for
twenty days or more, shall be liable to daman and also be punished with imprisonment of
either description for a term which may extend to seven years.
(2) Whoever causes hurt not covered by sub-section (1) shall be punished with
imprisonment of either description for a term which may extend to two years, or with
daman, or with both.

337-M. Hurt not liable to qisas: Hurt shall not be liable to qisas in the following cases,
namely:–
(a) when the offender is a minor or insane:
Provided that he shall be liable to arsh and also to ta’zir to be determined by the Court
having regard to the age of offender, circumstances of the case and the nature of hurt
caused;
(b) when an offender at the instance of the victim causes hurt to him:
Provided that the offender may be liable to ta’zir provided for the kind of hurt caused by
him;
(c) when the offender has caused itlaf-i-udw of a physically imperfect organ of the victim
and the convict does not suffer from similar physical imperfection of such organ:
Provided that the offender shall be liable to arsh and may also be liable to ta’zir provided
for the kind of hurt caused by him; and
(d) when the organ of the offender liable to qisas is missing:
Provided that the offender shall be liable to arsh and may also be liable to ta’zir provided
for the kind of hurt caused by him.
Illustrations
(i) A amputates the right ear of Z, the half of which was already missing. If A’s right ear is
perfect, he shall be liable to arsh and not qisas.
(ii) If in (he above illustration, Z’s ear is physically perfect but without power of hearing, A
shall be liable to qlsas because the defect in Z’s ear is not physical.
(iii) lf in illustration (i) Z’s ear is pierced, A shall be liable to qisas because such minor
defect is not physical imperfection.
337-N. Cases in which qisas for hurt shall not be enforced: (1) The qisas for a hurt
shall not be enforced in the following cases, namely :-
(a) when the offender dies before execution of qisas;
(6) when the organ of the offender liable to qisas is lost before the execution of qisas:
Provided that offender shall be liable to arsh, and may also be liable to ta’zir provided for
the kind of hurt caused by him;
(c) when the victim waives the qisas or compounds the offence with badl-i-sufh; or

(o) when the right of qisas devolves on the person who cannot claim qisas against the
offender under this Chapter:
Provided that the offender shall be liable to arsh, if there is any wali other than the
offender, and if there is no wali other than the offender he shall be liable to ta’zir provided
for the kind of hurt caused by him.
(2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may,
having regard to the kind of hurt caused by him, in addition to payment of arsh, award
ta’zir to an offender who is a previous convict, habitual or hardened, desperate or
dangerous criminal.
337- 0. Wali In case of hurt: In the case of hurt: The wali shall be-
(a) the victim:
Provided that, if the victim is a minor or insane, his right of qisas shall be exercised by his
father or paternal grand father, howhighsoever;
(b) the heirs of the victim, if the later dies before the execution of qisas: and
(c) the Government, in the absence of the victim or the heirs of the victim.
337-P. Execution of qisas for hurt: (1) Qisas shall be executed in public by an
authorised medical officer who shall before such execution examine the offender and take
due care so as to ensure that the execution of qisas does not cause the death of the
offender or exceed the hurt caused by him to the victim.
(2) The wali shall be present at the time of execution and if the wali or his representative is
not present, after having been informed of the date, time and place by the Court an officer
authorised by the Court in this behalf shall give permission for the execution of qisas.
(3) If the convict is a woman who is pregnant, the Court may, in consultation with an
authorised medical officer, postpone the execution of qisas upto a period of two years
after the birth of the child and during this period she may be released on bail on furnishing
of security to the satisfaction of the Court or, if she is not so released, shall be dealt with
as if sentenced to simple’ imprisonment.
337-Q. Arsh for single organs: The arsh for causing itlaf of an organ which Is found
singly in a human body shall be equivalent to the value of diyat.
Explanation: Nose and tongue are included in the organs which are found singly in a
human body.

337-R. Arsh for organs in pairs : The arsh .for causing itlaf of organs found in a human
body in pairs shall be equivalent to the value of diyat and if itlaf is caused to one of such
organs the amount of arsh shall be one-half of the diyat:
Provided that, where the victim has only one such organ or his other organ is missing or
has already ‘become incapacitated the arsh for causing itlaf of the existing or capable
organ shall be equal to the value of diyat.
Explanation: Hands, feet, eyes, lips and breasts are included in the organs which are
found in a human body in pairs.
337-S. Arsh for the organs in quadruplicate: (1)The arsh for causing itlaf of organs
found in a human body in a set of four shall be equal to–
(a) one-fourth of the diyat, if the itlaf is one of such organs; …
(b) one-half of the diyat, if the itlaf is of two of such organs; .
(c) three-fourth of the diyat, if the itlaf is of three such organs; and
(d) full diyat, if the itlaf is of all the four organs.
Explanation: Eyelids are organs which are found in a human body in a set of four.
337-T. Arsh for fingers: (1) The arsh for causing itlaf of a finger of a hand or foot shall be
one-tenth of the diyat.
(2) The arsh for causing itlaf of a joint of a finger shall be one-thirteenth of the diyat:
Provided that where the itlaf is of a joint of a thumb, the arsh shall be one-twentieth of the
diyat.
337-U. Arsh for teeth : (1) The arsh for causing itlaf of a tooth, other than a milk tooth,
shall be one-twentieth of the diyat.
Explanation: The impairment of the portion of a tooth outside the gum amounts to causing
itlaf of a tooth.
(2) The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat.
(3) Where the itlaf is of a milk tooth, the accused shall be liable to daman and may, also
be punished with imprisonment of either description for a term which may extend to one
year:
Provided that, where itlaf of a milk tooth impedes the growth of. a new tooth, the accused
shall be liable to arsh specified in sub-section (1).

337-V. Arsh for hair: (1) Whoever uproots;
(a) all the hair of the head, beard, moustaches eyebrow, eyelashes or any other part of the
body shall be liable to arsh equal to diyat and may also be punished with imprisonment of
either description for a term which may extend to three years as ta’zir,
(o) one. eyebrow shall be liable to arsh equal to one- half of the diyat; and
(c) one eyelash, shall be liable to arsh equal to one fourth of the diyat
(2) Where the hair of any part of the body of the victim are forcibly removed by any
process not covered under sub section (1), the accused shall be liable to daman and
imprisonment of either description which may extend to one year.
337-W. Merger of arsh : (1) Where an accused more than one hurt, he shall be liable to
arsh specified for each hurt separately:
Provided that, where;
(a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such
organ and not for arsh for causing hurt to any part of such organ and
(b) the wounds join together and form a single wound, the accused shall be liable to arsh
for one wound.
Illustrations
(i) A amputates Z’s fingers of the right hand and then at the same time amputates that
hand from the joint of his writs. There is separate arsh for hand and for fingers. A shall,
however, be liable to arsh specified for hand only.
(ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that they form
into one wound. A shall be liable to arsh for one wound only.
(2) Where, after causing hurt to a person, the offender causes death of such person by
committing qatl liable to diyat, arsh shall merge into such diyat.
Provided that the death is caused before the healing of the wound caused by such hurt.
337-X. Payment of arsh : (1) The arsh may be made payable in a lump sum or in
instalments spread over a period of three years from the date of the final judgment.

(2) Where a convict fails to pay arsh or any part thereof within the period specified in sub-
section (1), the convict may be kept in jail and dealt with in the same manner as if

sentenced to simple imprisonment until arsh is paid in full may be released on bail if he
furnishes security equal to amount of arsh to the satisfaction of the Court.

(3) Where a convict dies before the payment of arsh any part thereof, it shall be recovered
from his estate.
337-Y. Value of daman : (1) The value of daman may be determined by the Court
keeping in view:-
(a) the expenses incurred on the treatment of victim;
(b) loss or disability caused in the functioning or power of any organ; and
(c) the compensation for the anguish suffered by the victim.
(2) In case of non-payment of daman, it shall be recovered from the convict and until
daman is paid in full to the extent of his liability, the convict may be kept in jail and dealt
with in the same manner as if sentenced to simple imprisonment or may be released on
bail if he furnishes security equal to the amount of daman to the satisfaction of the Court.
337-Z. Disbursement of arsh or daman: The arsh or daman shall be payable to the
victim or, if the victim dies, to his heirs according to their respective shares in inheritance.

Isqat-i-Hamal : Whoever causes woman with child whose organs have not been
formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of
saving the life of the woman, or providing necessary treatment to her, is said to cause
isqat-i-haml.
Explanation : A woman who causes herself to miscarry is within the meaning of this
section.
338-A. Punishment for Isqat-i-haml : Whoever cause isqat-i-haml shall be liable to
punishment as ta’zir-
(a) with imprisonment of either description for a tern which may extend to three years, if
isqat-i-haml is caused with the consent of the woman; or
(b) with imprisonment of either description for a term which may extend to ten years, if
isqat-i-haml is caused without the consent of the woman:
Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the
convict shall also be liable to the punishment provided for such hurt or death as the case
may be.
338-B. Isqat-i-janin : Whoever causes a woman with child some of whose limbs or
organs have been formed to miscarry, if such miscarriage is not caused in good faith for
the purpose of saving the life of the woman, is said to cause Isqat-i-janin.

Explanation : A woman who causes herself to miscarry is within the meaning of this
section.
338-C. Punishment for Isqat-i-janin : Whoever causes isqat-i-ianin sha!l be liable to;
(a) one-twentieth of the diyat if the child is born dead;
(b) full diyat if the chitd is born alive but dies as a result of any act of the offender; and
(c) imprisonment of either description for a term which may extend to seven years as
ta’zir:
Provided that, if there are more than one child in the womb of the woman, the offender
shall be liable to separate diyat or ta’zir, as the case may be/for every such child:
Provided further that if, as a result of isqat-i-fanin, any hurt is caused to the woman or she
dies, the offender shall also be liable to the punishment provided for such hurt or death, as
the case may be.
338-D. Confirmation of sentence of death by way of qisas or tazir, etc.: A sentence of
death awarded by way of qisas or ta’zir, or a sentence of qisas awarded for causing hurt,
shall not be executed, unless it is confirmed by the High Court.
338-E. Waiver or compounding of offences : (1) Subject to the provisions of this
Chapter and Section 345 of the Code of. Criminal Procedure, 1898 (V of 1898), all
offences under this Chapter may be waived or compounded and the provisions of
Sections 309 and 310 shall, mutatis mutandis, apply to the waiver or compounding of such
offences:
Provided that, where an offence has been waived or compounded, the Court may, in its
discretion having regard to the facts and circumstances of the case, acquit or award ta’zir
to the offender according to the nature of the offence.
(2) All questions relating to waiver or compounding of an offence or awarding of
punishment under Section 310, whether before or after the passing of any sentence, shall
be determined by trial Court:
Provided that where the sentence of qisas or any other sentence is waived or
compounded during the pendency of an appeal, such questions may be determined by the
trial Court.
338-F. Interpretation: In the interpretation and application of the provisions of this
Chapter, and in respect of matter ancillary or akin thereto, the Court shall be guided by the
Injunctions of Islam as laid down in the Holy Qur’an and Sunnah.

338-G. Rules : The Government may, in consultation with the Council of Islamic ideology,
by notification in the official Gazette, make such rutes as it may consider necessary for
carrying out the purposes of this Chapter.
338-H. Saving: Nothing in this Chapter, except Sections 309. 310 and 338-E. shall apply
to cases pending before any Court immediately before the commencement of the Criminal
Law (Second Amendment) Ordinance, 1990 (VII of 1990), or to the offences committed
before such commencement.
Sections 299 to 338 H subs. by the Criminal Law (Amendment) Act. II of 1997.
CHAPTER XVI-A

OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT

Wrongful restraint: Whoever voluntarily obstructs any person so as to prevent that
person from proceeding in any direction in which that person has a right to proceed, is
said wrongfully to restrain that person.
Exception: The obstruction of a private way over land or water, which a person in good
faith believes himself to have a lawful right to obstruct, is not an offence within the
meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he
has a right to stop the path, Z is thereby prevented from passing. A wrongfully restrains Z.
Wrongful confinement: Whoever wrongfully restrains any person in such a manner
as 10 prevent that person from proceeding beyond certain circumscribing limits, is said
“wrongfully to confine” that person.
Illustrations
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from
proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z
if Z attempts to leave the building. A wrongfully confines Z.
Punishment for wrongful restraint: Whoever wrongfully restrains any person, shall
be punished with simple imprisonment for a term, which may extend to one month, or with
fine, which may extend to five hundred rupees or with both.
Punishment for wrongful confinement: Whoever wrongfully confines any person,
shall be punished with imprisonment of either description for, a term, which may extend to
one year, or with fine which may extend to one thousand rupees or with both.
Wrongful confinement for three or more days: Whoever wrongfully confines any
person, for three days or more, shall be punished with imprisonment of either description
for a term, which may extend to two years, or with fine, or with both.
Wrongful confinement for ten or more days: Whoever wrongfully confines any
person for ten days or more, shall be punished with imprisonment of either description for
a term, which may extend to three years, and shall also be liable to fine.
Wrongful confinement of person for whose liberation writ, has been issued:
Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation
of that person has been duly issued, shall be punished with imprisonment of either
description for a term which may extend to two years, in addition to any term of
imprisonment to which he may be liable under any other section of this Chapter.
Wrongful confinement in secret: Whoever wrongfully confines any person in such
manner as to indicate an intention that the confinement of such person may not be known
to any person interested in the person so confined, or to any public servant, or that the
place of such confinement may not be known to or discovered by any such person of
public servant as hereinbefore mentioned, shall be punished with imprisonment of either
description for a term which may extend to two years in addition to any other punishment
to which he may be liable for such wrongful confinement.
Wrongful confinement to extort property or constrain to illegal act: Whoever
wrongfully confines any person for the purpose of extorting from the person confined, or
from any person interested in the person confined, any property or valuable security or of
constraining the person confined or any person interested in such person to do anything
illegal or to give any information which may facilitate the commission of an offence, shall
be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
Wrongful confinement to extort confession or compel restoration of property:
Whoever wrongfully confines any person for the purpose of extorting from the person
confined or any person interested in the person confined any confession or any
information which may lead to the detection of an offence or misconduct, or for the
purpose of constraining the person confined or any person interested in the person
confined to restore or to cause the restoration of any property or valuable security or to
satisfy any claim or demand, or to give information which may lead to the restoration of
any property or valuable security, shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable to fine.

Of Criminal Force and Assault

Force: A person is said to use force to another if he causes motion, change of
motion, or cessation of motion to that other or if he causes to any substance such motion,
or change of motion, or cessation of motion as brings that substance into contact with any
part of that other’s body, or with anything which that other is wearing or carrying, or with

anything so situated that such contact affects that other’s sense of feeling: provided that
the person causing the motion, or change of motion, or cessation of motion, causes that
motion, change of motion, or cessation of motion in one of the three ways hereinafter
described:
First: By his own bodily power.
Secondly: By disposing any substance in such a manner that the motion or change or
cessation of motion takes place without any further act on his part, or on the part of any
other person.
Thirdly: By inducing any animal to move, to change its motion, or to cease to move.

Criminal force: Whoever intentionally uses force to any person, without that
person’s consent, in order to the committing of any offence, or intending by the use of
such force to cause or knowing it to be likely that by the use of such force he wilt cause
injury, fear or annoyance to the person to whom the force is used, is said to use criminal
force to that other.
Illustrations
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus
intentionally causes the boat to drift down the stream. Here A intentionally causes motion
to Z, and he does this by disposing substances in such a manner that the motion is
produced without any other action on any person’s part. A has, therefore, intentionally
used force to Z; and if he has done so without Z’s consent, in order to the committing of
any offence or intending or knowing it to be likely that this use of force will cause injury, for
or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a chariot, A lashes Z’s horses, and thereby cause them to quicken their
pace. Here A has caused change of motion to Z by inducing the animals to change their
motion. A has, therefore, used force to Z. and if ,A has done this without Z’s consent,
intending or knowing it to be likely that he may thereby injure, frighten or annoy Z. A has
used criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z. seizes the pole and stops the
palanquin. Here A has caused cessation of motion to Z, and he has done this by his own
bodily power. A has, therefore, used force to Z and as A has acted thus intentionally
without Z’s consent in order to the commission of an offence A has used criminal force to
Z.
(d) A intentionally pushes against Z in the street. Here A has by his own bodily power
moved his own person so as to bring it into contact with Z. He has therefore, intentionally
used force to Z; and if he has done so without Z’s consent, intending or knowing it to be
likely that he may thereby injure, frighten or annoy Z. he has used criminal force to Z.

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought
into contact with Z. or with Z’s clothes, or with something carried by Z or that it will strike
water, and dash up the water against Z’s clothes, or something carried by Z. Here, if the
throwing of the stone produce the effect of causing any substance to come into contact
with Z. or, Z’s clothes. A has used force to Z: and if he did so without Z’s consent intending
thereby to injure, frighten or annoy Z. he has used criminal force to Z
(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her and if he
does so without her consent intending or knowing it to be likely that he may thereby injure,
frighten or annoy her he has used criminal force to her.
(g) Z is bathing. A pours into the bath water which he knows to be boiling. .Here A
intentionally by his own bodily power causes such motion in the boiling water as brings
that water into contact with Z, or with other water so situated that such contact must affect
Z’s sense of feeling. A has, therefore, intentionally used force to Z; and if he has done this
without Z’s consent intending or knowing it to be likely that he may thereby cause injury,
fear or annoyance to Z. A has used criminal force.
(h) A incites a dog to spring upon Z. without Z’s consent. Here, if A intends lo cause injury,
fear or annoyance to Z, he uses criminal force to Z.

Assault: Whoever makes any gesture, or any preparation intending or knowing it to
be likely that such gesture or preparation will-cause any person present to apprehend that
he who makes that gesture or preparation it about to use .of criminal force to that person,
is said to commit an assault.
Explanation: Mere words do not amount to an assault, But the words which a person uses
may give to his gesture or preparation such a meaning as may make those gestures or
preparations amount to an assault.
Illustrations
(a}) A shakes his fist at 2, intending or knowing it to be likely that he may thereby cause Z
to believe that A is about to strike Z, A has committed an assault.
(b) A begins to unloose the muzzle of a forcing dog intending, or knowing it to be likely
that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A
has committed an assault upon Z.
(c) A takes up a stick, saying to Z. “I will give you a beating.” Here, though the words used
by A could in no case amount to an assault, and though the mere gesture accompanied
by any other circumstances might not amount to an assault, the gesture explained by the
words may amount to an assault.
Punishment for assault or criminal force otherwise than on grave provocation :
Whoever assaults or uses criminal force to any person otherwise than on grave and
sudden provocation given by that, person, shall be punished with imprisonment of either

description for a term which may extend to three months, or with fine which may extend to
five hundred rupees, or with both.
Explanation: Grave and sudden provocation will not mitigate the punishment for the
offence under this section, if the provocation is sought or voluntarily provoked by the
offender as ah excuse for the offence, or
if the provocation is given by anything done in obedience to the law or by, a public
servant, in the lawful exercise of the powers such public servant, or
if the provocation is given by anything done in the lawful exercise of the right of private
defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a
question of fact.

Assault or criminal force to deter public servant from discharge of his duty:
Whoever assaults or uses criminal force to any person being a public servant in the
execution of his duty as such public servant, or with intent to prevent or deter that person
from discharging his duty as such public servant, or in consequence of anything done or
attempted to be done by such person in the lawful discharge of his duty as such public
servant, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine or with both.
Assault or criminal force to woman with intent to outrage her modesty:
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it
to be likely that he will thereby outrage her modesty, shall be punished with imprisonment
of either description for a term which may extend to two years or with fine, or with both.
354-A. Assault or use of criminal force to woman and stripping her of her clothes:
Whoever assaults or use criminal force to any woman and strips her of her clothes and in
that condition, exposes her to the public view, shall be punished with death or with
imprisonment for life, and shall also be liable to fine.
Sec- 354-A Ins., by the Criminal Law (Amend.) Ordinance, XXIV of 1984.
Assault or criminal force with intent to dishonour person, otherwise than on
grave provocation: Whoever assaults or uses criminal force to any person, intending
thereby to dishonour that person, otherwise than on grave and sudden provocation given
by that person, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
Assault or criminal force in attempt to commit theft of property carried by a
person: Whoever assaults or uses criminal force to any person in attempting to commit
theft on any property which that person is then wearing or carrying shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Assault or criminal force in attempting wrongfully to confine person: Whoever
assaults or uses criminal force to any person, in attempting wrongfully to confine that
person, shall be punished with imprisonment of either description for a term which may
extend to one year or with fine which may extend to one thousand rupees, or with both.
Assault or criminal force on grave provocation : Whoever assaults or uses
criminal force to any person on grave and sudden provocation given by that person, shall
be punished with simple imprisonment for a term which may extend to one month or with
fine which may extend to two hundred rupees, or with both.
Explanation: The last section is subject to the same explanation as Section 352.
Of Kidnapping, Abduction, Slavery and Forced Labour
Kidnapping: Kidnapping is of two kinds: Kidnapping from Pakistan and
kidnapping from lawful guardianship.
Kidnapping from Pakistan, etc.: Whoever conveys any person beyond the limits
of Pakistan without the consent of that person, or of some person legally authorised to
consent on behalf of that person is said to kidnap that person from Pakistan.
Kidnapping from lawful guardianship: Whoever takes or entices any minor under
fourteen years of age if a male, or under sixteen years of age if a female, or any person of
unsound mind, out of the keeping of the lawful guardian of such minor or person of
unsound mind, without the consent of such guardian, said to kidnap such minor or person
from lawful guardianship.
Explanation: The words “lawful guardian” in this section include any person lawfully
entrusted with the care or custody of such minor or other person.
Exception: This section does not extend to the act of any person who in good faith
believes himself to be the father of an illegitimate child or who in good faith believes
himself to be entitled to the lawful custody of such child, unless such act is committed for
an immoral or unlawful purpose.
Abduction: Whoever by force compels, or by any deceitful means induces, any
person to go from any place, is said to abduct that person.
Punishment for kidnapping: Whoever kidnaps any person from Pakistan or from
lawful guardianship, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
Kidnapping or abducting in order to murder: Whoever kidnaps or abducts
any person in order that such person may be murdered or may be so disposed of as to be
put in danger of being murdered, shall be punished with imprisonment for life or rigorous
imprisonment for a term which may extend to ten years and shall also be liable to fine,

Illustrations
(a) A kidnaps Z from Pakistan, intending or knowing it to be likely that Z may be sacrificed
to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices 5 away from his home in order that B may be murdered. A
has committed the offence defined in this section.
364-A. Kidnapping or abducting a person under the age of fourteen: Whoever
kidnaps or abducts any person under the i[age of fourteen] in order that such person may
be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may
be so disposed of as to be put in danger of being murdered or subjected to grievous hurt,
or slavery, or to the lust of any person shall be punished with death or with imprisonment
for life or with rigorous imprisonment for a term which may extend to fourteen years and
shall not be less than seven years.

Kidnapping or abducting with intent secretly and wrongfully to confine person:
Whoever kidnaps or abducts any person with intent to cause that person to be secretly
and wrongfully confined, shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine-
365-A. Kidnapping or abducting for extorting property, valuable security, etc.:

Whoever kidnaps or abducts any person for the purpose of extorting from the person
kidnapped or abducted, or from any person interested in the person kidnapped or
abducted any property, whether movable or immovable, or valuable security, or to compel
any person to comply with any other demand, whether in cash or otherwise, for obtaining
release of the person kidnapped or abducted, shall be punished with death or
imprisonment for life and shall also be liable to forfeiture of property.
S. 365-A added by the Criminal Law (Amendment) Act, III of 1990,

Kidnapping, abducting or inducing woman to compel her marriage, etc.: [Rep. by the
Offence of Zina (Enforcement of Hudood) Ordinance, Vfl of 1979, S. 19.]
366-A. Procuration of minor girl: Whoever by any means whatsoever, induces any
minor girl under the age of eighteen years to go from any place or to do any act with intent
that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit
intercourse with another person shall be punishable with imprisonment which may extend
to ten years and shall also be liable to fine.
Sec. 366-A ins, by the Penal Code (Amendment) Act, XX of 1923.
366-B. Importation of girl from foreign country : Whoever imports into Pakistan from
any country outside Pakistan any girl under the age of twenty-one years with intent that
she may be, or knowing it to be likely that she will be, forced or seduced to illicit
intercourse with another person, shall be punishable with imprisonment which may extend
to ten years and shall also be liable to fine.
Sec. 366-B subs. by the Federal Laws (Revision and Declaration) Ordinance. XXVII of 1981.
Kidnapping or abducting in order to subject person to grievous hurt, slavery,
etc.: Whoever kidnaps or abducts any person in order that such person may be subjected,
or may be so disposed of as to be put in danger of being subjected to grievous hurt, or
slavery or knowing it to be likely that such person will be so subjected or disposed of shall
be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Wrongfully concealing or keeping in confinement, kidnapped or abducted
person: Whoever knowing that any person has been kidnapped or has been abducted
wrongfully conceals or confines such person shall be punished in the same manner as if
he had kidnapped or abducted Such person with the same intention or knowledge, or for
the same purposes as that with or for which he conceals or detains such person in
confinement.
Kidnapping or abducting child under ten years with intent to steal from its
person : Whoever kidnaps or abducts any child under the age of ten years with the
intention of taking dishonestly any movable property from the person of such child, shall
be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Buying or disposing of any person as a slave: Whoever imports, exports,
removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains
against his will any person as a slave, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Habitual dealing in slaves: Whoever habitually imports, exports, removes, buys,
sells, traffics or deals in slaves. Shall be punished with imprisonment for life, or with
imprisonment of either description for a term not exceeding ten years, shall also be liable
to fine.
Selling minor for purposes of prostitution, etc.: [Repealed by the Offence of Zina
(Enforcement of Hudood) Ordinance, VII of 1979, S. 19.]
Buying minor for purposes of prostitution, etc.: [Repealed by the Offence of Zina
(Enforcement of Hudood) Ordinance, VII of 1979, S. 19.]
Unlawful compulsory labour: (1) Whoever unlawfully compels any person to labour
against the will of that person, shall be punished with imprisonment of either description
for a term which may extend to 1 [five] years or with fine, or with both.
(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces
of Pakistan shall be punished with imprisonment of either description for a term which may
extend to one year.
Explanation: In this section the expression “prisoner of war” and “protected person” shall
have the same meanings as have been assigned to them respectively by Article 4 of the

Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949,
and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in
Time of War of August 12, 1949, ratified by Pakistan on the second June, 1951].

Of Rape

Rape: [Repealed by • the Offence of Zina (Enforcement of Hudood) Ordinance, VII of
1979, S. 19].
Punishment of rape: [Repealed by the Offence of Zina (Enforcement of Hudood)
Ordinance, VII of 1979, S. 19].

Of Unnatural Offences

Unnatural offences: Whoever voluntarily has carnal intercourse against the order of
nature with any man, woman or animal, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which shall not be less than two years
nor more than ten years, and shall also be liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the
offence described in this section.

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

Theft: Whoever, intending to take dishonestly any movable property out of the
possession of any person without that person’s consent, moves that property in order to
such taking, is said to commit theft.
Explanation 1: A thing so long as it is attached to the earth, not being movable property, is
not the subject of theft; but it becomes capable of being the subject of theft as soon as it is
served from the earth.
Explanation 2: A moving effected by the same act which effects the severance may be a
theft.
Explanation 3: A person is said to cause a thing to move by removing an obstacle, which
prevented it from moving, or by separating it from any other thing, as well as by actually
moving it,

Explanation 4: A person, who by any means causes an animal to move, is said to move
that animal, and to move everything which, in consequence of the motion so caused, is
moved by that animal.
Explanation 5: The consent mentioned in the definition may be express or implied, and
may be given either by the person in possession, or by any person having for that purpose
authority either express or implied.
Illustrations
(a) A cuts down a tree on Z’s ground with the intention of dishonestly taking the tree out of
Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to
such taking, the has committed theft.
(b) A puts a bait for dogs in his pockets, and thus induces Z’s dog to follow it. Here if A’s
intention be dishonestly to take the dog out of Z’s possession without Z’s consent A has
committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain
direction, in order that he may dishonestly take the treasure. As soon as the bullock
begins to move, A has committed theft of the treasure.
(d) A being Z’s servant and entrusted by Z with the care of Z’s plate, dishonestly runs
away with the plate, without Z’s consent. A has committed theft.
(e) Z. going on a journey, entrusts his plate to A the keeper of a warehouse, till Z shall
return. A carries the plate to a goldsmith and sells it. Here the plate was not in 2’s
possession. It could not, therefore, be taken out of Z’s possession, and A has not
committed theft though he may have committed criminal breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring in
Z’s possession, and if A dishonestly removes it. A commits theft.
(g) A finds a ring lying on the high-road, not in the possession of any person. A. by taking
it, commits no theft, though he may commit criminal misappropriation of property,
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to
misappropriate the ring immediately for fear of search and detection A hides the ring in a
place where it is highly improbable that it will ever be found by Z. with the intention of
taking the ring from the hiding place and soiling it when the toss is forgotten Here A. at the
time of first moving the ring, commits the theft.
(i) A delivers his watch to Z, a jeweller to be regulated. Z carries it to his shop. A, not
owing to the jeweller, any debt for which the jewellers might lawfully detain the watch as a
security, enters the shop openly, takes his watch by force out of Y’s hand, and carries it
away. Here A. though he may have committed criminal trespass and assault, has not
committed theft, inasmuch as what he did was not done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a
security for the debt, and A takes the watch out of Z’s possession, with the intention of
depriving Z of the property as security for his debt. he commits theft, inasmuch as he
takes it dishonestly.
(k) Again, if A. having pawned his. watch to Z, takes it of Z’s possession without Z’s
consent not having paid what he borrowed on the watch, he commits theft, though the
watch is his own property inasmuch as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the
intention of keeping it until he obtains money from Z as a reward for its restoration Here A
takes dishonestly: A has. therefore, committed theft.
(m) A being on friendly terms with Z, goes to Z’s library in Z’s absence, and takes away a
book without Z’s express consent for the purpose merely of reading it. and with the
intention of returning it. Here, it is probable that A may have conceived that he had Z’s
implied consent to use Z’s book. If this was A’s impression, A .has not committed theft
(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to
belong to her husband. Here it is probable that A may conceive that Z’s wife is authorised
to give away alms. If this was A’s impression. A has not committed theft.
(o) A is the paramour of Z’s wife. She gives A valuable property, which A knows to belong
to her husband Z, and to be such property as she has no authority from Z to give. If A
takes the property dishonestly, he commits theft.
(p) A. in good faith believing property belonging to Z to be A’s own property, takes that
property out of S’s possession. Here, as A does not take dishonestly, he does not commit
theft.

Punishment for theft: Whoever commits theft shall be punished with imprisonment
of either description for a term which may extend to three years, or with fine, or with both.
Theft in dwelling house, etc.: Whoever commits theft in any building, tent or vessel,
which building, tent or vessel is used as a human dwelling, or used for the custody of
property shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Theft by clerk or servant or property in possession of master: Whoever being a
clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in
respect of any property in the possession of his master or-employer, shall be punished
with imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine.

381-A. Theft of a car or other motor vehicles : Whoever commits theft of a car or any
other motor vehicle, including motor-cycle, scooter and Tractor shall be punished with
imprisonment of either description for a term which may extend to seven years and with
fine not exceeding the value of the stolen car or motor vehicle.
Explanation : Theft of an electric motor of a tube-well or transformer shall be within the
meaning of this section.
S. 381 A added by the Criminal Law (Amdt). Act, I of 1996.

Theft after preparation made for causing death, hurt or restraint in order to the
committing of the theft: Whoever, commits theft, having made preparation for causing
death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in
order to the committing of such theft, or in order to the effecting of his escape after the
committing of such theft, or in order to the retaining of property’ taken by such theft, shall
be punished with rigorous imprisonment for a term, which may extend to ten years, and
shall also be liable to fine.
Illustrations
(a.) A commits theft on property in Z’s possession: and, while committing this theft, hff1
has a loaded pistol under his garment having provided this pistol for the purpose of hurting
Z in case Z should resist. A has committed the offence defined in this section.
(b) A picks Z’s pocket, having posted several of his companions near him, in order that
they may restrain Z. if Z should perceive what is passing and should resist, or should
attempt to apprehend A. A has committed the offence defined in this section.

Of Extortion

Extortion : Whoever intentionally puts any person in fear of any injury to that person,
or to any other, and thereby dishonestly induces the person so put in fear to deliver to any
person any property or valuable security or anything signed or sealed which may be
converted into a valuable security, commits “extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He
thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and
deliver to A a promissory-note binding Z, to pay certain money to A. Z signs and delivers
the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless A will sign and deliver to 6 a
bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to
sign and deliver the bond. A has committed extortion.

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(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sing or affix his seal to
a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper
so signed may be converted into a valuable security, A has committed extortion.

Punishment for extortion: Whoever, commits extortion shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine,
or with both.
Putting person in fear of injury in order to commit extortion: Whoever, in order
to the committing of extortion, puts any, person in fear, or attempts to put any person in
fear, of any injury, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Extortion by putting a person in fear of death or grievous hurt: Whoever
commits extortion by putting any person in fear of death or of grievous hurt to that person
to any other, shall be punished with imprisonment of either description for a term which
may extend to ten years and shall also be liable to fine.
Putting person in fear of death or of grievous hurt, in order to commit
extortion: Whoever, in order to the committing of extortion, puts or attempts to put any
person in fear of death or of grievous hurt to that person or to any Other, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Extortion by threat of accusation of an offence punishable with death or
imprisonment for life, etc.: Whoever commits extortion by putting any person in fear of
an accusation against that person or any other, of having committed or attempted to
commit any offence punishable with death, or with imprisonment for life, with
imprisonment for a term which may extend to ten years, or of having attempted to induce
any other person to commit such offence, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine;
and, if the offence be one punishable under Sec. 377 of this Code, may be punished with
imprisonment for life.
Putting person in fear of accusation of offence, in order to commit extortion:
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear
of an accusation, against that person or any other, of having committed, or attempted to
commit, commit an offence punishable with death or With imprisonment for life, or
imprisonment for a term which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine, and, if the offence be one punishable under Sec. 377 of this Code,
may be punished with imprisonment for life.

Of Robbery and Dacoity

Robbery : In all robbery there is either theft or extortion.
When theft is robbery: Theft is “robbery” if, in order to the committing of the theft, or in
committing the theft, or in carrying away or attempting to carry away property obtained by
the theft, the offence, for that end, voluntarily causes or attempts to cause to any person
death or hurt, or wrongful restraint, or fear of instant death or of instant hurt or of instant
wrongful restraint.
When extortion is robbery : Extortion is “robbery” if the offender, at the time of
committing the extortion, is in the presence of the person put in fear, and commits the
extortion by putting that person in fear of instant death, of instant hurt, or of instant
wrongful restraint to that person, or to some other person, and by so putting in fear;
induces the person so put in fear then and there to deliver up the thing extorted.
Explanation: The offender is said to be present if he is sufficiently near to put the other
person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without
Z’s consent. Here A has committed theft, and in order to the committing of that theft, has
voluntarily caused wrongful restraint to Z. A has therefore committed robbery;
(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. 2, in
consequence, surrender his purse. Here A has extorted the purse from Z by putting him in
fear of instant hurt and being at the time of committing the extortion in his presence.” A
has therefore committed robbery.
(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to filing it
down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here
A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who
is there present, A has, therefore, committed robbery on Z.
(d) A obtains property from Z by saying Your child is in the hands of my gang, and will be
put to death unless you send us ten thousand rupees”. This is extortion, punishable as
such; but it is not robbery, unless Z is put in fear of the instant death of his child.
Dacoity: When five or more persons conjointly commit or attempt to commit a
robbery, or where the whole number of persons conjointly committing or attempting to
commit a robbery and persons present and aiding such commission or attempt, amount to
five or more, every person so committing, attempting or aiding is said to commit “dacoity”.
Punishment for robbery: Whoever commits robbery shall be punished with rigorous
imprisonment for a term which shall not be less than three years nor more than ten years,
and shall also be liable to fine ; and, if the robbery be committed on the highway the
imprisonment may be extended to fourteen years.
Attempt to commit robbery: Whoever attempts to commit robbery shall be
punished with rigorous imprisonment for a term, which may extend to seven years, and
shall be liable to fine.
Voluntarily causing hurt in committing robbery: If any person, in committing or in
attempting to commit robbery, voluntarily causes hurt, such person, and any other person
jointly concerned in committing or attempting to commit such robbery, shall be punished
with imprisonment for life, or with rigorous imprisonment for a term which shall not be less
than four years nor more than ten years, and shall also be liable to fine.
Punishment for dacoity : Whoever commits dacoity shall be punished with
imprisonment for life, or with rigorous imprisonment for a term which shall not be less than
four years nor more than ten years and shall also be liable to fine.
Dacoity with murder : If any one of five or more persons, who are conjointly
committing dacoity, commits murder in so committing dacoity, everyone of those persons
shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term
which 2[shall not be less than four years nor more than] ten years, and shall also be liable
to fine.
Robbery or dacoity, with attempt to cause death or grievous hurt : If, at the time
of committing robbery or dacoity, the offender uses any deadly weapon, or causes
grievous hurt to any person or attempts to cause death or grievous hurt to any person the
imprisonment with which such offender shall be punished shall not be less than seven
years.
Attempt to commit robbery or dacoity when armed with deadly weapon : If, at
the time of attempting to commit robbery or dacoity, the offender is armed with any deadly
weapon, the imprisonment with which such offender shall be punished shall not be less
than seven years.
Making preparation to commit dacoity : Whoever makes any preparation for
committing dacoity, shall be punished with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine.
Punishment for belonging to gang of dacoits : Whoever, at any time after the
passing of this Act, shall belong to a gang of persons associated for the purpose of
habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Punishment for belonging to gang of thieve : Whoever, at any time after the
passing of this Act, shall belong to any wandering or other gang of persons associated for
the purpose of habitually committing theft or robbery, and not being of thugs or dacoits,
shall be punished with rigorous imprisonment for a term which may extend to seven years,
and shall also be liable to fine.
Assembling for purpose of committing dacoity: Whoever, at any time after the
passing of this Act shall be one of five or more persons assembled for the purpose of
committing dacoity, shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.
Of Hijacking

402-A. Hijacking : Whoever unlawful, by the use or show of force or by threats of any
kind, seizes, or exercised control of, an aircraft is said to commit hijacking.
402-B. Punishment for Hijacking : Whoever commits, or conspires or attempts’ to
commit, or abets the commission of, hijacking shall be punished with death or
imprisonment for life, and shall also be liable to forfeiture of property and fine.
402-C. Punishment for harbouring hijacking, etc. : Whoever knowingly harbours any
person whom he knows or has reason to be a person who is about to commit or has
committed or abetted an offence of hijacking, or knowingly permits any such persons to
meet or assemble in any place or premises in his possession or under his control, shall be
punished with death or imprisonment for life, and shall also be liable to fine.
Sections 402-B &. 402-C ins. by the Pakistan Penal Code (Second Amendment) Ordinance. XXX of 1981, Section 2.

Of Criminal Misappropriation of Property

Dishonest misappropriation of property: Whoever dishonestly misappropriates or
converts to his own use any ‘ movable property, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
Illustrations
(a) A tapes property belonging to Z out of Z’s possession in good faith, believing, at the
time when he takes it, that the property belongs to himself, A is not guilty of theft; but if A,
after discovering his mistakes, dishonestly appropriates the property to his own use, he is
guilty of an offence under this section.
(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away
a book without Z’s express consent- Mere, if A was under the impression that he had Z’s
implied consent to take the book for the purpose of reading it, A has not committed theft
But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this
section.
(c) A and B, being joint owners of a horse. A takes the horse out of B’s possession,
Intending to use it. Here as A has a right to use the horse he does not dishonestly
misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own
use, he is guilty of an offence under this section.
Explanation 1 : A dishonest misappropriation for a time only is a misappropriation within
the meaning of this section.

Illustration
A finds a Government promissory-note belonging to Z, bearing a blank endorsement. A
knowing that the note belongs to Z, pledges it with a banker as a security for a loan,
intending at a future time to restore it to Z A has committed an offence under this section.
Explanation 2 : A person who finds property not in the possession of any other person,
and takes such property for the purpose of protecting it for, or of restoring it to, the owner,
does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is
guilty of the offence above defined, if he appropriates it to his own use, when he knows or
has the means of discovering the owner, or before he has used reasonable means to
discover and give notice to the owner and has kept the property a reasonable time to
enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of
fact.
It is not necessary that the finder should know who is the owner of the property, or that
any particular person is the owner of it, is sufficient if, at the time of appropriating it, he
does not believe it to be his own property, or in good faith believes that the real owner
cannot be found.
Illustrations
(a) A finds a rupee on the high-road, not knowing to whom the rupee belongs. A picks up
the rupees. Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank note. From the direction and contents of
the letter he learns to whom the note belongs. He appropriate the note. He is guilty of an
offence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who
has lost the cheque. But the name of the person, who has drawn the cheque, appear, A
knows that this person can direct him to the person on whose favour the cheque was
drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of
an offence under this section.
(d) A sees Z drop his purse with money In it, A picks up the purse with the intention of
restoring it to Z, but afterwards appropriates It to his own use, A has committed an offence
under this section.

Dishonest misappropriation of property possessed by deceased person at
the time of his death: Whoever dishonestly misappropriates or converts to his own use
properly, knowing that such property was in the possession of a deceased person at the
time of that person decease, and has not since been in the possession of any persons
legally entitled to such possession, shad be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable to fine; and

if the offender at the time of such person’s decease was employed by him as a clerk or
servant, the imprisonment may extend to seven years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money comes into
the possession of any person entitled to such possession, dishonestly misappropriates it.
A has committed the offence defined in this section.

Of Criminal Breach of Trust

Criminal breach of trust: Whoever, being in any manner entrusted with property, or
with any dominion over property, dishonestly misappropriates or converts to his own use
that property, or dishonestly uses or disposes of that property, in violation of any direction
of law prescribing the mode in which such trust is to be discharged, or of any legal
contract, express or implied, which he has made touching the discharge of such trust, or
wilfully suffers any other person so to do, commits “criminal breach of trust.
Illustrations
(a) A, being executor to the wilt of a deceased person, dishonestly disobeys the law which
directs him to divide the effects according to the will, and appropriates them to his own
use. A has committed criminal breach of trust.
(b) A is a .warehouse-keeper, Z going on a journey entrusts his furniture to A, under a
contract that it shall be returned on payment of a stipulated sum for warehouse-room. A
dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Dacca, is agent for Z, residing at Lahore. There is an express or implied
contract between A and Z, that all sums remitted by Z to A shall be invested by A,
according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the
same in Company’s paper. A dishonestly disobeys the directions and employs the money
in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that It will be
more for Z’s advantage, to hold shares in the Bank of Bengal disobeys Z’s directions and
buys shares in the Bank of Bengal for Z, instead of buying Company’s paper, here, though
Z should suffer loss, and should be entitled to bring a civil action against A, on account of
that loss, yet A. not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a Revenue-Officer, is entrusted with public money and is either directed by law, or
bound by a contract, express or implied, with the Government, to pay into a certain
treasury all the public money which he holds. A dishonestly appropriates the money. A
has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A
dishonestly misappropriates the property. A has committed criminal breach of trust.
Punishment for criminal breach of trust: Whoever, commits criminal breach of
trust snail be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
Criminal breach of trust by carrier, etc. Whoever, being entrusted with property as
a carrier, wharfinger or warehouse-Keeper, commits criminal breach of trust in respect of
such property, shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
Criminal breach of trust by clerk or servant: Whoever, being a clerk or servant or
employed as a clerk or servant, and being in any manner entrusted in such capacity with
property, or with any dominion over property, commits criminal breach of trust in respect of
that property, shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
Criminal breach of trust by public servant, or by banker, merchant or agent:
Whoever being in any manner entrusted with property, or with any dominion over property
in his capacity of a public servant or in the way of his business as a banker, merchant,
factor, broker, attorney or agent, commits criminal breach of trust in respect of that
property, shall be punished with imprisonment for life or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.

Of Receiving of Stolen Property

Stolen property: Property, the possession whereof has been transferred by theft, or
by extortion, or by robbery, and property which has been criminally misappropriated or in
respect of which criminal breach of trust has been committed, is designated as stolen,
property, “whether the transfer has been made, or the misappropriation or breach of trust
has been committed, within or without Pakistan. But, if such property subsequently comes
into the possession of a person legally entitled to the possession thereof it then ceases to
be stolen property.
Dishonestly receiving stolen property: Whoever dishonestly receives or retains,
any stolen property, knowing or having reason to believe the same to be stolen property,
shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
Dishonestly receiving stolen property in the commission of a dacoity: Whoever
dishonestly receives or retains any stolen property, the possession whereof he knows or
has reason to believe to have been transferred by the commission of dacoity, or
dishonestly receives from person, whom he knows or has reason to believe to belong or to
have belonged to a gang of dacoits, property which he knows or has reason to believe to
have been stolen, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Habitually dealing in stolen property: Whoever habitually receives or deals in
property which he knows or has reason to believe to be stolen property, shall be punished
with imprisonment for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Assisting in concealment of stolen property : Whoever voluntarily assists in
concealing or disposing of or making away with-property which he knows or has reason to
believe to be stolen property, shall be punished with imprisonment of either description for
a term which may extend to three years, or with fine, or with both.

Of Cheating

Cheating: Whoever, by deceiving any person, fraudulently or dishonestly induces
the person so deceived to deliver any property to any person, or to consent that any
person shall retain any property, or intentionally induces the person so deceived to do or
omit to do anything which he would not do or omit if he were not so deceived, and which
act or omission causes or is likely to cause damage or harm to that person 1 [or any other
person] in body, mind, reputation or property, is said to “cheat”.
Explanation: A dishonest concealment of facts is a deception within the meaning of this
section.
Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z and thus
dishonestly induces Z to let him have on credit goods for which he does not mean to pay,
A cheats.
(b)A by putting a. counterfeit mark on an article, intentionally deceives Z, into a belief that
this article was made by a certain celebrated manufacturer, and thus dishonestly induces
Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, Intentionally deceives Z into believing
that the article corresponds with the sample, and thereby dishonestly induces Z to buy and
pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill w a house with which A keeps no money
and by which A expects that the bill will be dishonoured, intentionally deceives Z. and
thereby dishonestly Induces Z to deliver the article, intending not to pay for ft. A cheats.
(e)A, by pledging as diamonds articles which ft knows are not diamonds, intentionally
deceives Z, and thereby dishonestly induces Z to lend money, A cheats.
(f) A, intentionally deceives Z, into a belief that A means to repay any money that 2 may
lend to him and thereby dishonestly induces Z to lend him money; A not intending to repay
it. A cheats.

(g) A, intentionally deceives Z into a belief that A means to deliver to Z a certain quantity
of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to
advance money upon the faith of such delivery. A cheats; but (f A, at the time of obtaining
the money. Intends to deliver the indigo plant, and afterwards breaks Ns contact and does
not deliver ft, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract
made with Z, which he has not performed and thereby dishonestly induces Z to pay
money. A cheats.
(f}A sells and conveys an estate to S. A, knowing that in consequence of such sale he has
no right to the property, sells or mortgages the same to Z. without disclosing the fact of the
previous sale and conveyance to B, and receives the purchase or mortgage money from
Z. A cheats,

Cheating by personation: A person is said to “cheat by personation” if he cheats by
pretending to be some other person, or by knowingly substituting one person for another,
or representing that he or any other person is a person other than he or such other person
really is.
Explanation: The offence is committed whether the individual personated is a real or
imaginary person.
Illustrations
(a) A cheats by pretending to be a certain rich banker of the same name, A cheats by
personation.
(b) A cheats by pretending to be 8, a person who is deceased. A cheats by personation.
Punishment for cheating: Whoever cheats shall be punished with imprisonment of
either description for a term, which may extend to one year, or with fine, or with both.
Cheating with knowledge that wrongful loss may ensue to person whose
interest offender is bound to protect: Whoever cheats with the knowledge that he is
likely thereby to cause wrongful loss to a person whose interest in the transaction to which
the cheating relates, he was bound either by law, or by legal contract, to protect shall be
punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
Punishment for cheating by personation : Whoever cheats by personation shall
be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
Cheating and dishonestly Inducing delivery of property: Whoever cheats and
thereby dishonestly induces the person deceived to deliver any property to any person, or
to make, alter or destroy the whole or any part of a valuable security, or anything which is

signed or sealed, and which is capable of being converted into a valuable security, shall
be punished with imprisonment, of either description for a term which may extend to seven
years, and shall also be liable to fine.
Of Fraudulent Deeds and Dispossession of Property

Dishonest or fraudulent removal or concealment of property to prevent
distribution among creditors: Whoever dishonestly or fraudulently removes, conceals or
delivers to any person, or transfers or causes to be transferred to any person, without
adequate consideration, any property, intending thereby to prevent, or knowing it to be
likely that he will thereby prevent, the distribution of that property according to law among
his creditors or the creditors of any other .person, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine or with both.
Dishonestly or fraudulently preventing debt being available for creditors:
Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any
other person from being made available according to law for payment of his debt or the
debts of such other person shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Dishonest or fraudulent execution of deed of transfer containing false
statement of consideration: Whoever dishonestly or fraudulently signs, executes or
becomes a party to any deed or instrument which purports to transfer or subject to any
charge of any property, or any interest therein, and which contains any false statement
relating to the consideration for such transfer or charge, or relating to the person or
persons for whose use or benefit it is really intended to operate, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Dishonest or fraudulent removal or concealment of property: Whoever
dishonestly or fraudulently conceals or removes any property of himself or any other
person, or dishonestly or fraudulently assists in the concealment or removal thereof, or
dishonestly releases any demand or claim to which he is entitled, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.

Of Mischief

Mischief: Whoever, with intent to cause, or knowing that he is likely to cause,
wrongful loss or damage to the public or to any person, causes the destruction of any
property or any such change in any property or in the situation thereof as destroys or
diminishes its value or utility, or affects it injuriously, commits “mischief”.
Explanation 1: It is not essential to the offence of mischief that the offender should intend
to cause loss or damage to the owner of the property injured or destroyed. It is sufficient ft

he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any
person by injuring any property, whether it belongs to that person or not.
Explanation 2: Mischief may be committed by an act effecting property belonging to the
person who commits the act, or to that person and others Jointly.
Illustrations
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss
to Z. A has committed mischief.
(b)A introduces water into an ice-house, belonging to Z and thus causes the ice to melt,
intending wrongful loss to Z. A has committed mischief.
(c) A, voluntarily throws into a river a ring belonging to Z with the intention of thereby
causing wrongful loss to Z, A has committed mischief.
(d) A, knowing that his effects are about to be taken In execution In order to satisfy a debt
due from him to Z, destroys those effects, with the intention of thereby preventing Z from
obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed
mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away with the intention
of causing damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent
money on bottomry on the ship. A has commuted mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause
wrongful loss to Z. A has committed mischief.
(h) A cause cattle to enter upon a field belonging to Z, intending to cause and knowing
that he is likely to cause damage to Z’s crop. A has committed mischief.

Punishment for mischief: Whoever commits mischief shall be punished with
imprisonment of either description for a term which may extend to three months, or with
fine, or with both.
Mischief causing damage to the amount of fifty rupees: Whoever commit
mischief and thereby causes loss or damage to the amount of fifty rupees or upwards,
shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Mischief by killing or maiming animal of the value of ten rupees: Whoever
commits mischief by killing, poisoning, maiming or rendering useless any animal of the
value of ten rupees or upwards, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Mischief by killing or maiming cattle, etc., of any value or any animal of the
value of fifty rupees : Whoever commits Mischief by killing, poisoning, maiming or
rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever
may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall
be punished with imprisonment of either description for a term which may extend to five
years, or with both.
Mischief by injury to works of irrigation or by wrongfully diverting water:
Whoever commits mischief by doing any act which causes, or which he knows to be likely
to cause, a diminution of the supply of water for agricultural purposes, or for food or drink
for human beings or for animals which are property, or for cleanliness or for carrying on
any manufacture, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
Mischief by Injury to public road, bridge, river or channel: Whoever commits
mischief by doing any act which renders or which he knows to be likely to render any
public road, bridge, navigable river or navigable channel, natural or artificial, impassable
or less safe for travelling or conveying property, shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with both.
Mischief by causing inundation or obstruction to public drainage attended with
damage: Whoever commits mischief by doing any act which causes or which he knows to
be likely to cause an inundation or an obstruction to any public drainage attended with
injury or damage, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
Mischief by destroying, moving or rendering less useful a light-house or sea-
mark: Whoever commits mischief by destroying or moving any light-house or other light

used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for
navigators, or by any act which renders any such light-house, sea-mark, buoy or other
such thing as aforesaid jess useful as a guide for navigators, shall be punished with
imprisonment of either description for a term which may extend to seven years, or with
fine, or with both.

Mischief by destroying or moving, etc., a landmark fixed by public authority:
Whoever commits mischief by destroying or moving any landmark fixed by the authority of
a public servant, or by any act which renders such landmark less useful as such, shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine, or with-both.
Mischief by fire or explosive substance with intent to cause damage to amount
of one hundred rupees or (in case of agricultural produce) ten rupees : Whoever
commits mischief by fire or any explosive substance, intending to cause, or knowing it to
be likely that he will thereby cause damage to any property to the amount of one hundred
rupees or upwards or (where the property is agricultural produce) ten rupees or upwards

shall be punished with imprisonment of either description for a term which shall not be less
than two years nor more than] seven years, and shall also be liable to fine.

Mischief by fire or explosive substance with intent to destroy house, etc.:
Whoever commits mischief by fire or any explosive substance, intending to cause, or
knowing it to be likely that he with thereby cause, the destruction of any building which is
ordinarily used as a place of worship or as a human dwelling or as a place for the custody
of property shall be punished with imprisonment for life, or with imprisonment of either
description for a term which shall not be less than three years nor more than] ten years,
and shall also be liable to fine.
Mischief with Intent to destroy or make unsafe a decked vessel or one of
twenty tons burden: Whoever commits mischief, to any decked vessel or any vessel of a
burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing ft to
be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
Punishment for the mischief described in Section 437 committed by fire or
explosive substance: Whoever commits, or attempts to commit, by fire or any explosive
substance, such mischief as is described in the last preceding section, shall be punished
with imprisonment for life or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Punishment for intentionally running vessel aground or ashore with Intent to
commit theft, etc,: Whoever intentionally runs any vessel aground or ashore, intending to
commit theft of any property contained therein or to’ dishonestly misappropriate any such
property, or with intent that such theft or misappropriation of property may be committed,
shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
Mischief committed after preparation made for causing death or hurt: Whoever
commits mischief, having made preparation for causing to any person death, or hurt, or
wrongful restraint, or fear of death, or of hurt, or of wrongful restraint shall be punished
with imprisonment of either description for a term which may extend to five years, and
shall also be liable to fine.

Of Criminal Trespass

Criminal trespass: Whoever enters into or upon property in the possession of
another with intent to commit an offence or to intimidate, insult or annoy any person in
possession of such property, or, having lawfully entered into or upon such property,
unlawfully remains there with intent thereby to intimidate, insult or annoy any such person,
or with intent to commit an offence, is said to commit “criminal trespass”.
House-trespass: Whoever commits criminal trespass by entering into or
remaining in any building, tent or vessel used as a human dwelling or any building used as

a place for worship, or as a place for the custody of property, is said to commit “house-
trespass”.

Explanation: The introduction of any part of the criminal trespasser’s body is entering
sufficient to constitute house trespass.

Lurking house-trespass: Whoever commits house-trespass having taken
precautions to conceal such house-trespass from some person who has a right to exclude
or eject the trespasser from the building, tent or vessel which is the subject of the
trespass, is said to commit “lurking house- trespass”.
Lurking house-trespass by night: Whoever commits lurking house-trespass after
sunset and before sunrise, is said to commit ‘lurking house-trespass by night”.
House-breaking: A person is said to commit “house-breaking” who commits house-
trespass if he effects his entrance into the house or-any part of it in any of the six ways

hereinafter described; or if, being in the house or any part of it for the purpose of
committing an offence, or, having committed an offence therein, he quits the house or any
part of it in any of such six ways, that is to say:”
First: If he enters or quits through a passage made by himself, or by any abettor of the
house-trespass, in order to the committing of the house-trespass.
Secondly : If he enters or quits through any passage not intended by any person, other
than himself or an abettor of the offence, for human entrance; or through any passage to
which he has obtained access by scaling or climbing over any wall or building.

Thirdly : If he enters or quits through any passage which he or any abettor of the house-
trespass has opened, in order to the committing of the house-trespass by any means by

which that passage was not intended by the occupier of the house to be-opened.

Fourthly: If he enters or quits by opening any lock in order to the committing of the house-
trespass, or in order to the quitting of the house after a house-trespass.

Fifthly: if he effects his entrance or departure by using criminal force of committing an
assault, or by threatening any person with assault.
Sixthly: he enters or quits any passage which he knows to have been fastened against
such entrance or departure, and to. have been fastened by himself or by an abettor of the
house-trespass.
Explanation : Any out-house or building occupied with a house, and between, which and.
such house there is an immediate internal communication, is part of the house within the
meaning of this section.

Illustrations
(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting
his hand through the aperture. This is house breaking.
(b) A commits house-trespass by creeping into a ship at a port hole between decks. This
is house breaking.

(d) A commits house-trespass by entering Z’s house through the door, having opened a
door, which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z’s house through the door having lifted a latch
by putting a wire through a hole in the door. This is house-breaking:
(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by
entering Z’s house, having opened the door with that key. This is house breaking.
(g) Z is standing in his doorway. A forces a passage by knowing Z down, and commits
house-trespass by entering the house. This is house breaking.
(h) Z, the door-keeper of Y is standing in Y’s doorway. A commits house-trespass by
entering the house, having deterred Z from opposing him by threatening to beat him. This
is house-breaking.

House-breaking by night: Whoever commits house-breaking after sunset and
before sunrise, is said to commit “house-breaking by night.”
Punishment for criminal trespass: Whoever commits criminal trespass shall be
punished with imprisonment of either description for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with both.
Punishment for house-trespass : Whoever commits house-trespass shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine which may extend to one thousand rupees, or with both.
House-trespass in order to commit offence punishable with death : Whoever
commits house-trespass in order to the committing of any offence punishable with death,
shall be punished with imprisonment for life, or with rigorous imprisonment for a term not
exceeding ten years, and shall also be liable to fine.
House-trespass In order to commit offence punishable with imprisonment for
life: Whoever commits house-trespass in order to the committing of any offence

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

House-trespass in order to commit offence punishable with imprisonment:
Whoever commits house trespass in order to the committing of any offence punishable
with imprisonment, shall be punished with imprisonment of either description for a term
which may extend to two years, and shall also be liable to fine; and if the offence intended
to be committed is theft, the term of the imprisonment may be extended to seven years.
House-trespass after preparation for hurt, assault or wrongful restraint:
Whoever commits house-trespass having made preparation for causing hurt to any person
or for assaulting any person, or for wrongfully restraining any person, or for putting any
person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to tine.
Punishment for lurking house-trespass or house-breaking: Whoever commits
lurking house-trespass or house-breaking, shall be punished with imprisonment of either
description for a term which may extend to two years, and shall also be liable to fine.
Lurking house trespass or house-breaking in order to commit offence

punishable with Imprisonment : Whoever commits lurking house-trespass or house-
breaking, in order to the. committing of any offence punishable with imprisonment, shall be

punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine, and if the offence intended to be committed is theft,
the term of the imprisonment may be extended to ten years.

Lurking house-trespass or house-breaking after preparation for hurt, assault or
wrongful restraint: Whoever commits lurking house-trespass, or house-breaking, having
made preparation for causing hurt to any person, or for assaulting any person, or for
wrongfully restraining any person, or for putting any person in fear of hurt or of assault or
of wrongful restraint, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Punishment for lurking house-trespass or house-breaking by night: Whoever
commits lurking house-trespass by night or house-breaking by night, shall be punished
with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
Lurking house-trespass or house-breaking by night in order to Commit offence
punishable with imprisonment :Whoever commits lurking house-trespass by night, or
house-breaking by night, in order to the committing of any offence punishable with
imprisonment, shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; and, if the offence intended to be
committed is theft, the term of the imprisonment may be extended to fourteen years.
Lurking house-trespass or house-breaking by night after preparation for hurt,
assault or wrongful restraint: Whoever commits lurking house-trespass by night or
house-breaking by night, having made preparation for causing hurt to any person, or for
assaulting any person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment
of either description for a term which may extend to fourteen years, and shall also be
liable to fine.
Lurking house-trespass or house-breaking by night in order to commit offence
punishable with imprisonment: Whoever commits lurking house-trespass by night, or
house-breaking by night, in order to the committing of any offence punishable with
imprisonment, shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; and, if the offence intended to be
committed is theft, the term of the imprisonment may be extended to fourteen years.
Lurking house-trespass or house-breaking by night after preparation for hurt,
assault or wrongful restraint: Whoever commits lurking house-trespass by night or
house-breaking by night, having made preparation for causing hurt to any person, or for
assaulting any person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment
of either description for a term which may extend to fourteen years, and shall also be
liable to fine.
Hurt caused whilst committing lurking house trespass or house-breaking:
Whoever, whilst committing lurking house-trespass or house-breaking, causes hurt to any
person or attempts to commit oaf/ of, or hurt to, any person shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to
ten years, and shall also be liable to the same punishment for committing qatl or causing
hurt or attempting to cause qatl or hurt as is specified in Chapter XVI of this Code.
Persons jointly concerned in lurking house-trespass or house-breaking by
night punishable for qatl or hurt caused by one of them : If, at the time of the
committing of lurking house-trespass by night or house-breaking by night, any person
guilty of such offence shall voluntarily cause or attempt to commit qatl of, or hurt to, any
person, every person jointly concerned in committing such lurking house-trespass by night
or house-breaking by night, shall be punished with imprisonment for life or with
imprisonment of either description for a term which may extend to ten years and shall also
be liable to the same punishment for committing qatl or causing hurt or attempting to
cause qatl or hurt as is specified in Chapter XVI of this Code].
Scs. 459 & 460 subs. by the Criminal Law (Amendment) Act, II of 1997
Dishonestly breaking open receptacle containing property : Whoever
dishonestly or with intent to commit mischief breaks open or unfastens and closed
receptacle which contains or which, he believes to contain property, shall be punished
with imprisonment or either description for a term which may extend to two years, or with
fine, or with both.
Punishment for same offence when committed by person entrusted with
custody: Whoever, being entrusted with any dosed receptacle which contains or which he
believes to contain property, without having authority to open the same, dishonestly, or
with intent to commit mischief, breaks open or unfastens that receptacle, shall be

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

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR

PROPERTY MARKS

Forgery: Whoever makes any false document or part of a document, with intent to
cause damage or injury, to the public or to any person, or to support any claim or title, or
to cause any person to part with property, or to enter into any express or implied contract,
or with intent to commit fraud or that fraud may be committed, commits forgery.
Making a false document: A person is said to make a false document.
First: Who dishonestly or fraudulently makes, signs, seals or executes a document or part
of a document, or makes any mark denoting the execution of a document, with the
intention of causing it to be believed that such document or part of a document was made,
signed, sealed or executed by the authority of a person by whom or by whose authority he
knows that it was not made, signed, sealed or executed, or at a time at which he knows
that it was not made, signed, seated or executed; or
Secondly : Who, without lawful authority, dishonesty or fraudulently, by cancellation or
otherwise, alters a document in any material part thereof, after it has been made “or
executed either by himself or by any other person, whether such person be living or dead
at the time of such alteration; or
Thirdly: Who dishonestly or fraudulently causes any person to sign, seal, execute or later
a document, knowing that such person by reason of unsoundness of mind or intoxication
cannot, or that. by reason of deception practised upon him, he does not know the contents
of the document or the nature of the alteration.
Illustrations
(a) A has a letter of credit upon B for rupees 10,QOO, written by Z. A, in order to defraud
E, adds a cipher to the 10,000 and makes the sum 10,000, intending that it may be
believed by 5 that Z so wrote .the letter, A has committed forgery.
(b) A, without Z’s authority, affixes Z’s seat to a document purporting to be a conveyance
of an estate from Z to A, with the intention of selling the estate to 6 and thereby of
obtaining from B the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum
having been inserted in the cheque. A fraudulently tills up the cheque by inserting the sum
of ten thousand rupees. A commits forgery,
(d) A leaves with B, his agent, a- cheque on a banker, signed by A, without inserting the
sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten
thousand rupees for the purpose of making certain payments. B fraudulently fills up the
cheque by inserting the sum of twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending
to discount it as. a genuine bill with a banker and intending to take up the bill on its
maturity. Here, as A draws the bill with intent to deceive the banker by leading him to
suppose that he had the security of B, and thereby to discount the bill, A is guilty of
forgery.
(f) Z’s will contains these words: “I direct that all my remaining property be equally divided
between A, B and C.” A dishonestly scratches out B’s name, intending that it may be
believed that the whole was left to himself and C, A has committed forgery.
(g) A endorses a Government promissory-note and makes it payable to Z or his order by
writing on the bill the words “Pay to Z or his order” and signing the endorsement. B
dishonestly erases the words “Pay to Z or his order” and thereby converts the special
endorsement into a blank endorsement. B commits forgery.
(h) A sells and conveys an estate to Z, A afterwards, in order to defraud Z of his estate’
executes a conveyance of the same estate to B, dated six months earlier than the date of
the conveyance to Z, Intending it to be believed that he had conveyed the estate to B
before he conveyed it to Z. A has committed forgery.
(i) Z dictate his will to A. A intentionally writes down a different legatee from the legatee
named by Z, and by representing to Z, that he has prepared th6 will according to his
instructions, Induces Z to sign the will. A has committed forgery.
(j) A writes a- fetter and signs it with B’s name without B’s authority, certifying that A is a
man of good character and distressed circumstances from unforeseen misfortune,
intending by means of such letter to obtain aims from Z and other persons. Mere, as A
made false document in order to induce Z to part with property, A has committed forgery.
(k) A without B’s authority writes a letter and signs It in B’s name certifying to A’s
character, Intending thereby to obtain employment under Z. A has committed forgery
inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to
enter into an express or implied contract for service.
Explanation 1: A man’s signature of his own name may amount to forgery.
Illustrations

(a) A signs his own name to a bill of exchange, intending that it may be believed that the
bill was drawn by another person of the same name. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper and sings it with Z’s name, in order
that 8 may afterwards write on the paper a bill of exchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,
knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of
forgery.
© A picks up a bill of exchange payable to the order of a different person of the same
name A endorses the bill in his own name, intending to cause it to be believed that it was
endorsed by the person to whose order it was payable, here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B after the seizure
of the estate, in collusion With Z, executes a lease of the estate to Z at a nominal rent and
for a long period and dates the lease six months prior to the seizure, with intent to defraud
A, and to cause it to be believed that the lease was granted before the seizure. S, though
he executes the lease in his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with
intent to defraud his creditors and in order to give a colour to the transaction, writes a
promissory-note binding himself to pay to B a sum for value received, and antedates that
note, intending that it may be believed to have been made before A was on the point of
insolvency. A has committed forgery under the first head of the definition.
Explanation 2: The making of a false document in the name of a fictitious person,
intending it to be believed that the document was made by a real person, or in the name of
a deceased person, intending it to be believed that the document was made by the person
in his lifetime, may amount to forgery.
Illustration
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the
name of such fictitious person with intent to negotiate it. A commits forgery.

Punishment for forgery: Whoever commits forgery shall be punished with
imprisonment of either description for a term, which may extend to two years, or with fine,
or with both.
forgery or record of Court or of public register, etc.: Whoever forges a document,
purporting to be a record or proceeding of or in a Court of Justice, or a register of birth,
baptism, marriage or burial or a register kept by a public servant as such, or a certificate
or document purporting to be made by public servant in his official capacity, or an
authority to institute or defend a suit, or to take any proceedings therein or to confess
Judgment, or a power-of-attorney, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Forgery of valuable security, will, etc.: Whoever forges a document which purports
to be a valuable security, or a will, or an authority to adopt a son, or which purports to give
authority to any person to make or transfer any valuable security, or to receive the
principal, interest or dividends thereon, or to receive or deliver any money, movable
property, or valuable security, or any document purporting to be as acquaintance or
receipt acknowledging the payment of money, or an acquaintance or receipt for the
delivery of any movable property or valuable security, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Forgery for purpose of cheating: Whoever commits forgery, intending that, the
document forged shall be used for the purpose of cheating, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shaft
also be liable to fine.
Forgery for purpose of harming reputation : Whoever commits forgery, intending
that the document forged shall harm the reputation of any party, or knowing that it is likely
to be used for that purpose, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
Forged document: A false document made wholly or in part by forgery is designated
“a forged document”.
Using as genuine a forged document: Whoever fraudulently or dishonestly uses
as genuine any document which he knows or has reason to believe to be a forged
document, shall be punished in the same manner as if he had forged such document.
Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable under Section 467 : Whoever makes or counterfeits any seal, plate or other
instrument for making an impression, intending that the same shall be used for the
purpose of committing any forgery which would be punishable under Section 467 of this
Code, or with such intent, has in his possession any such seal, plate or other instrument,
knowing the same to be counterfeit, shall be punishable with imprisonment for life, or with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable otherwise: Whoever makes or counterfeits any seal, plate or other
instrument for making an impression, intending that the same shall be used for the
purpose of committing any forgery which would be punishable under any section of this
chapter other than Section 467, or such intent, has in his possession any such seal, plate
or other instrument, knowing the same to be counterfeit, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
Having possession of document described in Section 466 or 467 knowing it to
be forged and intending to use it as genuine: Whoever has in his possession any
document knowing the same to be forger and intending that the same shall fraudulently or
dishonestly be used as genuine, shall, if the document is one of the description mentioned
in Section 466 of this Code, be-punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine and if the document is
one of the description mentioned in Section 467; shall be punished with imprisonment for
life, or with imprisonment of either description, for a term which may extend to seven
years, and shall also be liable to fine,
Counterfeiting device or mark used for authenticating documents described in
Section 467, or possessing counterfeit marked material: Whoever counterfeits
upon, or in the substance of, any material, any device or mark used for the purpose of
authenticating any document described in .’Section 467 of this Code, intending that such
device or mark shall be used for the purpose of giving the appearance of authenticity to
any document then forged or thereafter to be forged on such material, or who, with such
intent, has in his possession any material upon or in the substance of which any such
device or mark has been counterfeit, shall be punished with imprisonment for fife, or with
imprisonment of either description, for a term which may extend to seven years, and shall
also be liable to fine.
Counterfeiting device or mark used for authenticating documents other than
those described in Section 467, or possessing counterfeit marked material:
Whoever counterfeits upon, or in the substance of, any material, any device or mark used
for the purpose of authenticating any document other than the documents described in
Section 467 of this Code, Intending that device or mark shall be used for the purpose of
giving the appearance of authenticity to any document then forged or thereafter to be
forged on such material, or who, with such intent, has in his possession any material upon
or in the substance of which any such device or mark has been counterfeited, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable
security: Whoever fraudulently or dishonestly, or with intent to cause damage or injury to
the public or to any person, cancels, destroys or defaces or attempts to cancel, destroy or
deface or secretes or attempts to secrete any document which is or purports to be a will,
or an authority to adopt a son, or any valuable security, or commits mischief in respect to
such document, shall be punished with imprisonment for life or with imprisonment of either
description- for a term-which may extend to seven years, and shall also be liable to fine.
477-A. Falsification of accounts: Whoever, being a clerk, officer or servant, or employed
or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud,
destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account
which belongs to or is in the possession of his employer, or has bean received by him for
or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the

making of any false entry in, or omits or alters or abets the omission or alteration of any
material particular form or in, any such book, paper, writing valuable security or account,
shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
Explanation: It shall be sufficient in any charge under this section to allege a general
intention to defraud without naming any particular person intended to be defrauded or
specifying any particular sum of money intended to be the subject of the fraud, or any
particular day on which the offence was committed
Section 477-A ins, by the Criminal Law (Amendment) Act, IIl of 1895.

Of Trade, Property and Other Marks

Trade mark: A mark used for denoting that goods are the manufacture or
merchandise of a particular person is called a trade mark, and for the purposes of this
Code the expression “trade mark” includes any trademark which is registered in the
register of trade marks kept under the Trade Marks Act, 1940 (V of 1940).
Sec. 478 subs. by the Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.
Property, mark: A mark used for denoting that movable property belongs to a
particular person is called a property mark.
Using a false trade mark: Whoever marks any goods or any case, packages or
other receptacle containing goods, or uses any case, package or other receptacle with
any mark thereon, in a manner reasonably calculated to cause it to be believed that the
goods so marked/or any goods contained in any such receptacle so marked, are the
manufacture or merchandise of a person whose manufacture or merchandise they are
not, is said to use a false trade mark.
Using a false property mark: Whoever marks any movable property or goods or
any case, package or other receptacle containing movable property or goods, or uses any
case package or other receptacle having any mark thereon, in a manner reasonably
calculated to cause it to be believed that the property or goods so marked, or any property
or goods contained in any such receptacle so marked, belong to a person to whom they
do not belong, is said to use a false property mark.
Punishment for using a false trade-mark or property mark: Whoever uses any
false trade mark or any false property mark shall, unless he proves that he acted without
intent to defraud, be punished with imprisonment of either description for a term which
may extend to one year, or with fine, or with both.
Counterfeiting a trademark or property mark used by another: Whoever
counterfeits any trade mark or property mark used by any other person shall be punished
with imprisonment of either description for a term which may extend to two years, or with
fine, or with both.
Counterfeiting a mark used by a public servant: Whoever counterfeits any
property mark used by a public servant, or any mark used by a public servant to denote
that any property has been manufactured by a particular person or at a particular time or
place, or that the property is of a particular quality or has passed through a particular
office, or that it is entitled to any exemption, or uses as genuine any such mark knowing
the same to be counterfeit, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.
Making or possession of any instrument for counterfeiting a trade mark or
property mark: Whoever makes or has in his possession any die, plate or other
instrument for the purpose of counterfeiting a trade mark or property mark, or has in his
possession a trade mark or property mark for the purpose of denoting that any goods are
the manufacture or merchandise of a person whose manufacture or merchandise they are
not, or that they belong to a person to whom they do not belong, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine,
or with both.
Selling goods marked with a counterfeit trade mark or property mark : Whoever
sells, or exposes, or has in possession for sale or any purpose of trade or manufacture,
any goods or thing with a counterfeit trade mark or property mark affixed to or impressed
upon the same or to or upon any case, package or other receptacle in which such goods
are contained, shall, unless he proves.
(a) that, having taken all reasonable precautions against committing an offence against
this section, he had at the time of the commission of the alleged offence no reason to
suspect the genuineness of the mark and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in
his power with respect to the persons from whom he obtained such goods or things, or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term which may extend to one
year, or with fine. or with both.
Making a false mark upon any receptacle containing goods : Whoever makes
any false mark upon any case, package or other receptacle containing goods, in a manner
reasonably calculated to cause any public servant or any other person to believe that such
receptacle contains goods which it does not contain or that it does not contain goods
which it does contain, or that the goods contained in such receptacle are of a nature or
quality different from the real nature or quality thereof, shall, unless he proves that he
acted without intent to defraud, be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
Punishment for making use of any such false mark: Whoever makes use of any
such false mark in any manner prohibited by the last foregoing section shall, unless he
proves that he acted without intent to defraud, be punished as if he had committed an
offence against that section.
Tampering with property mark with intent to cause injury: Whoever removes,
destroys, defaces or adds to any property mark, intending or knowing it to be likely that he
may thereby cause injury to any person, shall be punished with imprisonment of either,
description for a term which may extend to one year, or with fine or with both.

Of Currency-Notes and Bank-Notes

489-A. Counterfeiting currency-notes or bank-notes: Whoever counterfeits, or

knowingly performs any part of the process of counterfeiting, any currency-note or bank-
note, shall be punished with imprisonment for life, or with imprisonment of either

description for a term which may extend to ten years, and shall also be liable to fine.
Explanation: For the purposes of this section and of Sections 489-B, 489-C and 489-D,
that expression “bank-note” means a promissory-note or engagement for the payment of
money to bearer on demand issued by any person carrying on the business of banking in
any part of the world, or issued by or under the authority of any State or Sovereign Power,
and intended to be used as equivalent to, or as a substitute for money.
Section 489-A to 489-D ins. by the Currency-Notes Foreign Act, XII of 1899, S.2.
489-B. Using as genuine, forged or counterfeit currency-notes or bank-notes :
Whoever sells to, or buys or receives from, any other person, or otherwise traffics, in or
uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having
reason to believe the same to be forged or counterfeit, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
489-C. Possession of forged or counterfeit currency-notes or bank-notes: Whoever
has in his possession any forged or counterfeit currency-note or bank-note, knowing or
having reason to believe the same to be forged or counterfeit and intending to use the
same as genuine or that it may be used as genuine, shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine, or with both.
489-D. Making or possessing instruments or materials for forging or counterfeiting
currency-notes or bank-notes: Whoever makes, or performs any part of the process of
making, or buys or sells or disposes of, or has to his possession, any machinery,-
instrument or material for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for forging or counterfeiting any currency-note or
bank-note, shall be punished with imprisonment for life, or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
489-E. Making or using documents resembling currency-notes or bank-notes: (1)
Whoever makes, or causes to be made, or uses for any purposes whatsoever, or delivers

to any person, any document purporting to be, or in any way resembling or so nearly
resembling, as to be calculated to device, any currency-note or bank-note shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine or with both.
(2) If any person, whose name appears on a document the making of which is an offence
under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on
being so required the name and address of the person by whom it was printed or
otherwise made, he shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine, or with both.
(3) Where the name of any person appears on any document in respect of which any
person is charged with an offence under sub-section (1) or on any other document used or
distributed in connection with that document it may, until the contrary is proved, be
presumed that person caused the document to be made.
Sec. 489-E ins. by the Penal Code (Amendment) Act, VI of 1943. S. 2.
489-F. Counterfeiting of using documents resembling National Prize Bonds or
un-authorised sale thereof: Whoever counterfeits, or causes to counterfeit, or perform
any act to use for any purpose whatsoever, or delivers to any person any document
purporting to be, or in any manner resembling to the National Prize Bonds, or indulges in
the business of sale or purchase of National Prize Bonds, or promotes such sale or
purchase of National Prize Bonds, in contravention of the rules made for the purpose,
shall be punishable with imprisonment for a term which may extend to five years, or with
fine not exceeding one hundred thousand rupees, or with both.
Sec. 489-F ins. by Ordinance. LXXII of 95
489-F. Dishonestly issuing a cheque: How ever dishonestly issues a cheque towards
repayment of a loan or fulfilment of an obligation which is dishonoured on presentation,
shall be punished with imprisonment which may extend to three years or with fine, or with
both, unless he can establish, for which the burden of proof shall rest on him, that he had
made arrangements with his bank to ensure that the cheque would be honoured and that
the bank was at fault in not honouring the cheque.
CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

Breach of contract of service during voyage or journey [Rep. By the Workmen’s
Breach of Contract Repealed Act III of 1925), S. 2 and Schedule].
Breach of contract to attend on any supply wants of helpless person: Whoever,
being bound by a lawful contract to attend on or to supply the wants of any person who, by
reason of youth; or of unsoundness of mind, or of a disease or bodily weakness, is
helpless or incapable of providing for his own safety or of supplying his own wants,
voluntarily omits so to do, shall be punished with imprisonment of either description for a

term which may extend to three months, or with fine which may extend to two hundred
rupees, or with both.

Breach of contract to serve at distant place to which servant is conveyed at masters
expense: [Rep. by the Workman’s Breach of Contract (Repeating) Act, HI of 1925, Sec. 2
and Schedule].

CHAPTER XX

OF OFFENCES RELATING
TO MARRIAGE

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage: [Rep.
by the Offence of Zina (Enforcement of Hudood) Ordinance, VH of 1979, S. 19].
Marrying again during lifetime of husband or wife: Whoever, having a husband or
wife living, marries in any case in which, such marriage is void by reason of its taking
place during the life of such husband or wife, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to
fine.
Exception: This Section does not extend to any person, whose marriage with such
husband or wife has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if
such husband or wife, at the time of the subsequent marriage, shall have been continually
absent from such person for the space of seven years, and shall not have been heard of
by such person as being alive within that time provided the person contracting such
subsequent marriage shall, before such marriage takes place, inform the person with
whom such marriage is contracted of the real state of facts so far as the same are within
his or her knowledge.
Same offence with concealment of former marriage from person with whom
subsequent marriage is contracted : Whoever commits the offence defined in the last
preceding section having concealed from the person with whom the subsequent marriage
is contracted, the fact of the former marriage, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Marriage ceremony fraudulently gone through without lawful marriage:
Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being
married, knowing that he is not thereby lawfully married, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
be liable to fine.
Adultery: [Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, VII of
1979, S. 19].
Enticing or taking away or detaining with criminal intent a married woman: [Rep. by
the Offence of Zina (Enforcement of Hudood) Ordinance, Vll of 1979, S. 19].

CHAPTER XXI
OF DEFAMATION

Defamation: Whoever by words either spoken or intended to be read, or by signs or
by visible representations, makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that such imputation will harm,
the reputation of such person, is said except in the cases hereinafter excepted, to defame
that
Proviso: [Omitted by the Criminal Law (Amendment) Act JV of 1986.]
Explanation 1: It may amount to defamation to impute anything to a deceased person, if
the jmputator would harm the reputation of that person if living, and is intended to be
hurtful to the feelings of his family or other near relatives.
Explanation 2: It may amount to defamation to make an imputation concerning a company
or an association or collection of persons as such.
Explanation 3: An imputation in the form of an alternative or expressed ironically, may
amount to defamation.
Explanation 4: No imputation is said to harm a person’s reputation, unless that imputation
directly or indirectly, in the estimation of others, lowers the moral or intellectual character
of that person, or lowers the character of that person in respect of his caste or of his
calling or lowers the credit of that person, or causes it to be believed that the body of that
person is in a loathsome state, or in a state generally considered a disgraceful.
Illustration
(a) A says: Z is an honest man, he never state B’s watch, intending to cause it to be
believed that Z did steal 6’s watch., This is defamation, unless it fall within one of the
exceptions.
(£)) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that
Z stole B’s watch. This is defamation unless it falls within one of the exceptions.
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z
stole B’s watch. This is defamation, unless it falls within one of the exceptions.
First Exception-Imputation of truth which public good requires to be made or
published: It is not defamation to impute anything which is true concerning any person, if

it be for the public good that the imputation should be made or published. Whether or not it
is for the public good is a question off act.
Second Exception on Public conduct of public servants: It is not defamation to
express in good faith any opinion whatever respecting the conduct of a public servant in
the discharge of his public functions, or respecting his character, so far as his character
appears in that conduct, and no further.
Third Exception-Conduct of any person touching any public question : It is not
defamation to express in good faith any opinion whatever respecting the conduct of any
person touching any public question, and. respecting his character, so far as his character
appears in that conduct, and no further.
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting Z’s
conduct in petitioning Government on a public question, in signing requisition for a
meeting on a public question, in presiding or attending as such meeting, in forming or
joining any society which invites the public support, in voting or canvassing for a particular
candidate for any situation in the efficient discharge of the duties of which the public is
interested.
Fourth Exception Publication of reports of proceedings of Courts: It is not
defamation to public a substantially true report of the proceedings of a Court of Justice, or
of the result of any such proceedings.
Explanation: Justice of the peace or other officer holding an enquiry in open Court
preliminary to a trial in a Court of Justice is a Court within the meaning of the above
section.
Fifth Exception -Merits of case decided in Court or conduct of witnesses and other
concerned: It is not defamation to express in good faith any opinion whatever respecting
the merits of any case, civil or criminal, which has been decided by a Court of Justice, or
respecting the conduct of any person as a party, witness or agent, in any such case, or
respecting the character of such person, as far as his character appears in that conduct,
and not further.
Illustration
(a) A says: “I think Z’s evidence on that trial is so contradictory that he must be stupid or
dishonest,” A is within this exception if he says that in good faith, inasmuch as the opinion
which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and
no further.
(b) But if A says: “I do not believe what Z asserted at that trial because ! know him to be a
man without veracity.” A is not within this exception, inasmuch as the opinion which he
expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness.

Sixth Exception -Merits of public performance: It is not defamation to express in good
faith any opinion respecting the merits of any performance which its author has submitted
to the judgment of the public, or respecting the character of the author so far as his
character appears in such performance, and no further.
Explanation: A performance may be submitted to the judgment of the public expressly or
by acts on the part of the author, which imply such submission to the judgment of the
public.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the
public,
(c) An actor or singer who appears on a public stage, submits his acting or singing to the
judgment of the public.
(d) A says of a book published by Z. “Z’s book is foolish; Z must be a weak man. Z’s book
is indecent; Z must be a man of impure mind.” A is within this exception, if he says this in
good faith, Inasmuch as the opinion which he expresses of Z respects Z’s character only
so far as it appears in Z’s book, and no further.
(e) But if A says: I am not surprised that Z’s book is foolish and indecent, for he is a weak
man and a libertine. A is not within this exception, inasmuch as the opinion which he
expresses of Z’s character is an opinion not founded on Z’s book.
Seventh Exception -Censure passed in good faith by person having lawful authority
over another: It is not defamation in a person having over another any authority, either
conferred by law or arising out of a lawful contract made with that other, to pass in good
faith any censure on the conduct of that other in matters to which such lawful authority
relates.
Illustration
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a
head of a department censuring in good faith those who are under this orders; a parent
censuring in good faith a child in the presence of other children; a schoolmaster, whose
authority is derived from a parent, censuring in good faith a pupil in service;’ a banker
censuring in good faith, the cashier of his bank for the conduct of such cashier as such
cashier are within this exception,
Eight Exception -Accusation preferred in good faith to authorised person : It is not
defamation to prefer in good faith an accusation against any person to any of those who
have lawful authority over that person with respect to the subject matter of accusation.
Illustration

If A in good faith accuses Z before a Magistrate; if A in good faith complains of the
conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a
child-Z’s father A is within this exception.
Ninth Exception- Imputation made in good faith by person for protection of his or
other’s interest: It is not defamation to make an imputation on the character of another
provided that the imputation be made in good faith for the protection of the interest of the
person making it, or of any other person, or for the public good.
Illustrations
(a) A, a shopkeeper, says to B, who manages his business—”Sell nothing to Z unless he
pays you ready money, for I have no opinion of his honesty.” A is within the exception, if
he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on
the character of Z. Here, if the imputation is made in good faith, and for the good, A is
within the exception.
Tenth Exception -Caution intended for good of person to whom conveyed or for
public good: It is not defamation to convey a caution, in good faith, to one person against
another, provided that such caution be intended for the good of the person to whom it is
conveyed, or of some person in whom that person is interested, or for the public good.

Punishment for defamation: Whoever defames another shall be punished with
simple imprisonment for a term which may extend to two years, or with fine, or with both:
Printing or engraving matter known to be defamatory: Whoever prints or
engraves any matter, knowing or having good reason to relieve that such matter is
defamatory of any person, shall be punished with simple imprisonment for a term which
may extend to two years, or with fine, or with both.
Sale of printed or engraved substance containing defamatory matter : Whoever
sells or offers for sale any printed or engraved substance containing defamatory matter
knowing that it contains such matter, shall be punished with simple imprisonment for a
term which may extend to two years, or with fine, or with both.
CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Criminal Intimidation: Whoever threatens another with any injury to his person,
reputation or property, or to the person or reputation of any one in whom that person is
interested, with intent to cause alarm to that person, or to cause that person to do any act
which he is not legally bound to do, or to omit to do any act which that person is legally
entitled to do, as the means of avoiding the execution of such threat, commits criminal
intimidation.

Explanation : A threat to injure the reputation of any deceased person in whom the person
threatened is interested, is within this section.
Illustration
A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn
B’s house. A is guilty of criminal intimidation.

Intentional insult with intent to provoke breach of the peace : Whoever
intentionally insults, and thereby gives provocation to any person, intending or knowing it
to be likely that such provocation will cause him to break the public peace, or to commit
any other offence, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Statements conducing to public mischief: (1) Whoever makes, publishes, or
circulates any statement, rumour or report–
(a) with intent to cause or incite, or which is likely to cause or incite, any officer, soldier,
sailor, or airman in the Army, Navy or Air Force of Pakistan to mutiny, offence or otherwise
disregard or fail in his duty as such ; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any
section of the public whereby any person may be induced to commit an offence against
the State or against the public tranquillity; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to
commit any offence against any other class or community,
shall be punished with imprisonment for a term which may extend to seven years and with
fine.
(2) Whoever makes, publishes or circulates any statement or report containing rumour or
alarming news with intent to create or promote, or which is likely to create or promote, on
grounds of religion, race, place of birth, residence, language, caste or community or any
other ground whatsoever, feelings of enmity, hatred or ill-will between different religious,
racial, language or regional groups or castes or communities, shall be punished with
imprisonment for a term which may extend to seven years and with fine.
Explanation: It does not amount to an offence within the meaning of this section, when the
person making, publishing or circulating any such statement, rumour or report has
reasonable grounds for believing that such statement, rumour or report is true and makes,
publishes or circulates it in good faith and without any such intent as aforesaid.
Punishment for criminal intimidation: Whoever commences the offence of criminal
intimidation shall be punished with imprisonment of either description for a term which
may extend to two years or with fine or with both.

If threat be to cause death or grievous hurt, etc.: And if the threat be to cause death or
grievous hurt, or to cause the destruction of any property by fire, or to cause an offence
punishable with death or imprisonment for life, or with imprisonment for a term which may
extend to seven years, or to impute unchastity to a woman, shall be punished with
imprisonment of either description for a term which may extend to seven years, or with
fine, or with both.

Criminal intimidation by an anonymous communication: Whoever commits the
offence of criminal intimidation by an anonymous communication, or having taken
precaution to conceal the name or abode of the person from whom the threat comes, shall
be punished with imprisonment of either description for a term which may extend to two
years, in addition to the punishment provided for the offence by the last preceding section.
Act caused by inducing person to believe that he will be rendered an object of
Divine displeasure: Whoever voluntarily causes or attempts to cause any person to do
anything which that person is not legally bound to do or to omit to do anything which he is
legally entitled to do, by inducing or attempting to induce that person to believe that he or
any person in whom he is interested will become or will be rendered by some act of the
offender an object of Divine displeasure if he does not to the thing which it is the object of
the offender to cause him to do, or if he does the thing which it is object of the offender to
cause to him to omit shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine, or with both.
Illustrations
(a) A suits dhurna at Z’s door with the intention of causing it to be believed that, by so
sitting, he renders 2 an object of divine displeasure, A has committed the offence defined
fn this section.
(b) A threatens Z that, unless Z performs a certain act, A wilt kill one of A’s own children,
under such circumstances that the killing would be believed to render Z an object of Divine
displeasure. A has committed the offence defined in this section.
Word, gesture or act intended to insult the modesty of a woman: Whoever,
intending to insult the modesty of any woman, utters any word, makes any sound or
gesture, or exhibits any object, intending that such word or sound shall be heard, or that
such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such
woman, shall be punished with simple imprisonment for a term which may extend to one
year, or with fine, or with both.
Misconduct in public by a drunken person: Whoever, in a, state of intoxication,
appears in any public place, or in any place which it is a trespass in him to enter, and
there conducts himself in such a manner as to cause annoyance to any person be
punished with simple imprisonment for a term which may extend to twenty-four hours, or
with fine which may extend to ten rupees, or with both.

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

Punishment for attempting to commit offences punishable with imprisonment
for life or for a shorter terms: Whoever attempts to commit an offence punishable by
this Code with imprisonment for life or imprisonment, or to cause such an offence to be
committed, and in such attempt does any act towards the commission of the offence, shall
where no express provision is made by this Code for the punishment bf such attempt, be
punished with imprisonment of any description provided for the offence for a term which
may extend to one-half of the longest term of imprisonment provided for that offence or
with such fine daman as is provided for the offence, or with both.
Illustration
(a) A makes an attempt to steal some jewels by breaking, open the box, and finds after so
opening the box, that there is no jewels in it. He has done an act towards the commission
of theft, and therefore is guilty under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket, A fails
in the attempt in consequence of 2’s having nothing in his pocket. A is guilty under this
section.