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CHAPTER XVI-A
OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT
339. 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.
340. 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.
341. 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.
342. 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.

343. 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.
344. 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.
345. 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.
346. 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.
347. 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.
348. 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
349. 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.
350. 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.
351. 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.
352. 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.
353. 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.
354. 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.
355. 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.
356. 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.

357. 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.
358. 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
359. Kidnapping: Kidnapping is of two kinds: Kidnapping from Pakistan and
kidnapping from lawful guardianship.
360. 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.
361. 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.
362. Abduction: Whoever by force compels, or by any deceitful means induces, any
person to go from any place, is said to abduct that person.
363. 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.
364. 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.
365. 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,
366. 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.

367. 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.
368. 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.
369. 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.
370. 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.
371. 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.
372. Selling minor for purposes of prostitution, etc.: [Repealed by the Offence of Zina
(Enforcement of Hudood) Ordinance, VII of 1979, S. 19.]
373. Buying minor for purposes of prostitution, etc.: [Repealed by the Offence of Zina
(Enforcement of Hudood) Ordinance, VII of 1979, S. 19.]
374. 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
375. Rape: [Repealed by the Offence of Zina (Enforcement of Hudood) Ordinance, VII of
1979, S. 19].
376. Punishment of rape: [Repealed by the Offence of Zina (Enforcement of Hudood)
Ordinance, VII of 1979, S. 19].
Of Unnatural Offences
377. 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.
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