Pakistan Penal Code

Topics: Crime, Criminal law, Causality Pages: 181 (70215 words) Published: February 16, 2013
Pakistan Penal Code (Act XLV of 1860)
Act XLV of 1860
October 6th, 1860 Amended by: Protection of Women (Criminal Laws Amendment) Act, 2006,Criminal Laws (Amendment) Act, 2004 (I of 2005),Criminal Law (Amendment) Ordinance (LXXXV of 2002),Criminal Laws (Reforms) Ordinance (LXXXVI of 2002),etc. Whereas it is expedient to provide a general Penal Code for Pakistan: It is enacted as follows:-

CHAPTER I INTRODUCTION 1. Title and extent of operation of the Code. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan. 2. Punishment of offences committed within Pakistan. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan. 3. Punishment of offences committed beyond, but which by law may be tried within Pakistan. Any person liable, by any Pakistan Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan. 4. Extension of Code to extra-territorial offences. The provisions of this Code apply also to any offence committed by:1 [(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan;] 1 2 24 4 [] [] (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 Pakistan 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. 5

[] 5 6 [(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.] 6

(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. ]7


CHAPTER II GENERAL EXPLANATIONS 6. Definitions in the code to be understood subject to exceptions. 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 sections in this Code, which contains definitions of offences, do not express that a child under seven years of age cannot commit such offences; 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 general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it."

7. Sense of expression once explained. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation. 8. Gender. The pronoun "he" and its derivatives are used of any person, whether male or female. 9. Number. Unless the contrary appears from the context, words importing the singlular number include the plural number, and words importing the plural number include the singular number....
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