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CHAPTER - I
INTRODUCTION
Preamble: Whereas it is expedient to provide a general Penal Code for Pakistan: It is
enacted as follows:-
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 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.
4. 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
6. 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."
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 singular
number include the plural number, and words importing the plural number include
the singular number.
10. "Man"; "Woman": The word "man" denotes a male human being of any age; the
words "woman" denotes a female human being of any age.
11. "Person": The word "person" includes any Company or Association, or body of
persons, whether incorporated or not.

12. "Public": The word "Public" includes any class of the public or any community.
13. Definition of "Queen": [Omitted by A. 0., 1961, Art. 2 and Sched. (w.e.f. the 23rd
March, 1965)].
14. "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.
15. Definition of British-India '.[Rep. byA.0., 1937].
16. Definition of "Government of India": [Rep. by AO. 1937].
17. "Government": The word "Government" denotes the person or persons authorized by
law to administer executive Government in Pakistan, or in any part thereof.
18. Definition of Presidency: [Rep. byAO., 1937].
19. "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],
20. "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.
21. "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. .
22. 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.
23. 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.
24. "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".
25. "Fraudulently": A person is said to do ,a thing fraudulently if he does that thing with
intent to defraud but not otherwise.
26. "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.
27. 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.
28. "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.
29. 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.
30. "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".
31. "A will": The words "a will" denote any testamentary document
32. 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.
33. "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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. "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.
40. "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,
112. 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.

41. "Special law": A "special law" is a taw applicable to a particular subject.
42. "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.
44. "Injury": The "injury" denotes any harm. Whatever illegally caused to any person, in
body, mind, reputation or property.
45. "Life": The word "life" denotes the life of a human being, unless the contrary appears
from the context.
46. “Death”: The word "death" denotes the death of a human being unless the contrary
appears from the context.
47. “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.
49. "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.
50. "Section": The word "section" denotes one of those portions of a chapter of this Code
which are distinguished by prefixed numeral figures.
51. "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.
52. "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
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