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Default Pakistan Penal Code .. complete

Pakistan Penal Code
(XLV OF1860)
[6th October, 1860]
CONTENTS
CHAPTER - I
INTRODUCTION
Preamble
1. Title and extent of operation of the Code
2. Punishment of offences committed within Pakistan
3. Punishment of offences committed beyond, but which by law ay be tried within
Pakistan
4. Extension of Code on extra-territorial offences
5. Certain laws not to be affected by this Act
CHAPTER II
GENERAL EXPLANATIONS
6. Definitions in the Code to be understood subject to exception
7. Sense of expression once explained
8. Gender
9-Number
10. "Man"; "Woman"
11. "Person"
12. "Public"
13. Definition of "Queen"
14. "Servant of the State"
15.. Definition of British-India
16. Definition of "Government of India"
17-"Government"
18. Definition of Presidency
19. "Judge"
20. "Court of Justice"
21. "Public servant"
23. Movable property
23. Wrongful gain
"Wrongful loss"
Gaining wrongfully; Losing wrongfully
24. "Dishonestly"
25. "Fraudulently"
26. "Reason to believe"
27. Property in possession of wife, clerk or servant
28. "Counterfeit"
29. Document
30. "Valuable security"
31. "A will"
32. Words referring to acts include illegal omissions
33. "Act", "Omission"
34. Acts done by several persons in furtherance of. Common intention
35. When such an act is criminal by reason of its being done with a criminal knowledge
or intention
36. Effect caused partly by act and partly by omission
37. Co-operation by doing one of several acts constituting an offence
38. Persons concerned in criminal act may be guilty of different offences
39. "Voluntarily"
40. "Offence"
41. "Special law"
42. "Local Law"
43. "Illegal """Legally bound to do"
44. "Injury"
45. "Life-
46-"Death"
47. "Animal"
48. "Vessel"
49. "Year"; "Month"
50-"Section"
51. "Oath"
52. "Good faith"
52-A. "Harbour"
CHAPTER III
OF PUNISHMENTS
53. Punishments
54. Commutation of sentence of death
55. Commutation of sentence of imprisonment for life
55-A.Saving for President prerogative
56. Sentence of Europeans and Americans to penal servitude
57. Fractions of terms of punishment
58. Offenders sentenced to transportation how dealt with until, transported
59. Transportation instead of imprisonment
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or
simple
61. Sentence of forfeiture of property
62. Forfeiture of property, in respect of offenders punishable with
death, transportation or imprisonment
63. Amount of fine
64. Sentence of imprisonment for non-payment of fine
65. Limit to imprisonment for non-payment of fine when imprisonment and fine
awardable.
66. Description of imprisonment for non-payment of fine
67. Imprisonment for non-payment of fine when offence punishable with fine only
68. Imprisonment to terminate on payment of fine
69. Termination of imprisonment on payment of proportional part
of fine
70. Fine leviable within six years, or during imprisonment-Death not to discharge
property from liability
71. Limit of punishment of offence made up of several offences
72. Punishment of person guilty of one of several offences, the judgment stating that it is
doubtful of which
73. Solitary confinement
74. Limit of solitary confinement
75. Enhanced punishment for certain offenders under Chapter XII or Chapter XVII after
previous conviction
CHAPTER IV
GENERAL EXCEPTIONS

76. Act done by a person bound, or by mistake of fact believing himself bound, by law
77. Act of Judge when acting judicially
78. Act done pursuant to the judgment or order of Court
79. Act done by a person justified, or by mistake of fact believing himself justified, by law
80. Accident in doing a lawful act
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm
82. Act of a child under seven years of age
83. Act of a child above seven and under twelve of immature understanding
84. Act of a person of unsound mind
85. Act of a person incapable of judgment by reason of intoxication caused against his
will
86. Offence requiring a particular intent or knowledge committed by one who is
intoxicated
87. Act not intended and not known to be likely to cause death or grievous hurt, done by
consent.
88. Act not intended to cause death, done by consent in good faith for person's benefit
89. Act done in good faith for benefit of child or insane person, by or by consent of
guardian
90. Consent known to be given under fear or misconception ;
Consent of insane person
Consent of child
91. Exclusion of acts which are offences independently of harm caused
92. Act done in good faith for benefit of a person without consent
93. Communication made in good faith
94. Act to which a person is compelled by threats
95 Act causing slight harm
96. Things done in private defence
97. Right of private defence of the body and of property
98. Right of private defence against the act of a person of unsound mind, etc.
99. Act against which there is no right of private defence Extent to which the right may be
exercised
100. When the right of private defence of the body extends to causing death
101. When such right extends to causing any harm other than death
102. Commencement and continuance of the right of private defence of the body
103. When the right of private defence of property extends to causing death
104. When such right extends to causing any harm other than death
105. Commencement and continuance of the right of private defence of property
106. Right of private defence against deadly assault when there is risk of harm to innocent
person
CHAPTERV
OF ABETMENT

107. Abetment of a thing
108. Abettor
108-A. Abetment in Pakistan of Offences outside it
109. Punishment of abetment if the Act abetted committed in consequence and where no
express provision is made for its punishment
110. Punishment of abetment if person abetted does act with different intention from that
of abettor
111. Liability of abettor when one act abetted and different act done
112. Abettor when liable to cumulative punishment for act abetted and for act done
113. Liability of abettor for an effect caused by the act abetted different from that intended
by the abettor
114. Abettor present when offence is committed
115. .Abetment of offence punishable with death or imprisonment for life if offence not
committed
If act causing harm be done in consequence
116. Abetment of offence punishable with imprisonment
If offence be not committed
If abettor or person abetted be a public servant whose duty it is to prevent offence
117. Abetting commission of offence by the public or by more than ten persons
118. Concealing design to-commit offence punishable with death or imprisonment for life if
offence be committed
if offence be not committed
119. 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
120. 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

121. Waging or attempting to wage war or abetting waging of war against Pakistan
121-A. Conspiracy to commit, offences punishable by Section 121
122. Collecting arms, etc., with intention of waging war against Pakistan
123. Concealing with intent to facilitate design to wage war
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.
124. 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
126. Committing depredation on territories of Power at peace with Pakistan
127. Receiving property taken by war or depredation mentioned in Sections 125 and 126
128. Public servant voluntarily allowing prisoner of State or war to escape
129. Public servant negligently suffering such prisoner to escape
130. Aiding escape of, rescuing or harbouring such prisoner
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR
FORCE

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
132. Abetment of mutiny, if mutiny Is committed in consequence thereof
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in
execution of his office
134. Abetment of such assault, if the assault is committed
135. Abetment of description of soldier, sailor or airman
136. Harbouring deserter
137. Deserter concealed on board merchant vessel through negligence of master
138. Abetment of act of insubordination by soldier, sailor or airman
138-A. Application of foregoing sections to the Indian Marine Service
139. Persons subject to certain Acts
140. Wearing garb or carrying token used by soldier, sailor or airman
CHAPTER VlII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. Unlawful assembly
142. Being member of unlawful assembly
143. Punishment
144. Joining unlawful assembly armed with deadly weapon
145. Joining or continuing In unlawful assembly, knowing it has been commanded to
disperse
146. Rioting
147. Punishment for rioting
148. Rioting, armed with deadly weapon
149. Every member of unlawful assembly guilty of offence committed in prosecution of
common object
150. Hiring, or conniving at hiring, of persons to Join unlawful assembly
151. Knowingly joining or continuing in assembly of five or more persons after it has
commanded to disperse
152. Assaulting to obstructing public servant when suppressing riot, etc.
153. 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
154. Owner or occupier of land on which an unlawful assembly is held
155. Liability of person for whose benefit riot is committed
156. Liability of agent of owner or occupier for whose benefit riot is committed
157. Harbouring persons hired for an unlawful assembly
158. Being hired to take part in an unlawful assembly or riot or to go armed
159. Affray
160. Punishment for committing affray
CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161. 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'
162. Taking gratification, in order by corrupt or illegal means to influence public servant-
163. Taking gratification, for exercise of personal influence with public servant
164. Punishment for abetment by public servant of offences defined in Section 162 or 163
165. 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
166. Public servant disobeying law, with intent to cause injury to any person
167. Public servant framing an incorrect document with intent to cause injury
168. Public servant unlawfully engaging in trade
169. Public servant unlawfully buying or bidding for property
170. Personating a public servant
171. 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

172. Absconding to avoid service of summons or other proceeding
173. Preventing service of summons or other proceeding, or preventing publication thereof
174. Non-attendance in obedience to an order from public servant
175. Omission to produce document to public servant by person legally bound to produce
it
176. Omission to give notice or information to public servant by person legally bound to
give it
177. Furnishing false information
178. Refusing oath or affirmation when duly required by public servant to make it
179. Refusing to answer public servant authorised to question
180. Refusing to sign statement
181. False statement on oath or affirmation to public servant or person authorised to
administer an oath or affirmation
182. False information with intent to cause public servant to use his lawful power to the
injury of another person
183. Resistance to the taking of property by the lawful authority of a public servant
184. Obstructing sale of property offered for sale by authority of public servant
185. Illegal purchase or bid for property offered for sale by authority of public servant
186. Obstructing public servant in discharge of public functions
187. Omission to assist public servant when bound by law to give assistance
188. Disobedience to order duty promulgated by public servant ".
189. Threat of injury to public, servant
190. 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
192. Fabricating false evidence
193. Punishment for false evidence
194. Giving or fabricating false evidence with intent to procure conviction of capital offence
if innocent person be thereby convicted and executed
195. 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
196. Using evidence known to be false
197. Issuing or signing false certificate
198. Using as true a certificate known to be false
199. False statement made in declaration which is by law receivable as evidence
200. Using as true such declaration knowing it to be false
201. 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
203. Giving false information respecting an offence committed
204. Destruction of document to prevent its production as evidence
205. False personation for purpose of act or proceeding in suit or prosecution
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
execution
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution
208. Fraudulently suffering decree for sum not due
209. Dishonestly making false claim in Court
210. Fraudulently obtaining decree for sum not due
211. False charge of offence made with intent to injure
212. Harbouring offender
if a capital offence
if punishable with imprisonment for life, or with imprisonment for 10 years
213. 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
214. Offering gift or restoration of property in consideration of screening offender
if a capita! offence
if punishable with imprisonment for life, or with imprisonment
215. Taking gift to help to recover property, etc.
216. 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
217. Public servant disobeying direction of law with intent to save persons from
punishment or property from forfeiture
218. Public servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture
219. Public servant in judicial proceeding corruptly making report, etc., contrary to taw
220. Commitment for trial or confinement by person having authority who knows that he is
acting contrary to law
221. Intentional omission to apprehend on the part of public servant bound to apprehend
222. Intentional omission to apprehend on the part of public servant bound to apprehend
person under sentence or lawfully committed
223. Escape from confinement or custody negligently suffered by public servant
224. Resistance or obstruction by a person to his lawful apprehension
225. 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
226. Unlawful return from transportation
227. Violation of condition of remission of punishment
228. Intentional insult or interruption to public servant sitting in
judicial proceeding
229. Personation of a juror or assessor
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT
STAMPS

230. "Coin" defined
Pakistan coin
231. Counterfeiting coin
232. Counterfeiting Pakistan coin
233. Making or selling instrument for counterfeiting coin
234. Making or selling instrument for counterfeiting Pakistan coin
235. Possession of instrument or material for the purpose of using the same for
counterfeiting coin
if Pakistan coin
236. Abetting in Pakistan the counterfeiting out of Pakistan of coin
237. Import or export of counterfeit coin
238. Import or export of counterfeits of Pakistan coin
239. Delivery of coin, possessed with knowledge that it is counterfeit
240. Delivery of Pakistan coin possessed with knowledge that ft is counterfeit
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know
to be counterfeit
242. Possession of counterfeit coin by person who knew It to be counterfeit when he
became possessed thereof
243. Possession of Pakistan coin by person who knew it to be counterfeit when he
became possessed thereof
244. 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
246. Fraudulently or dishonestly diminishing weight or altering composition of coin
247. Fraudulently or dishonestly diminishing weight or altering composition of Pakistan
coin
248. Altering appearance of coin with intent that ft shall pass as coin of different
description
249. Altering appearance of Pakistan coin with intent that it shall pass as coin of different
description
250. Delivery of coin, possessed with knowledge that it is altered
251. Delivery of Pakistan coin possessed with knowledge that it is altered
252. Possession of coin by person who knew it to be altered when he became possessed
thereof
253. Possession of Pakistan coin by person who knew it to be altered when he became
possessed thereof
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know
to be altered
255. Counterfeiting Government stamp
256. Having possession of instrument or material for counterfeiting Government stamp
257. Making or selling instrument for counterfeiting Government stamp
258. Sale of counterfeit Government stamp
259. Having possession of counterfeit Government stamp
260. 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
262. Using Government stamp known to have been before used
263. Erasure of mark denoting that has been used
263-A. Prohibition of fictitious stamp
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing
265. Fraudulent use of false weight or measure
266. Being in possession of false weight or measure
267. Making or selling false weight or measure
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,
CONVENIENCE, DECENCY AND MORALS
268. Public nuisance
269. Negligent act likely to spread infection of disease dangerous to life
270- Malignant act likely to spread infection of disease dangerous to life
271. Disobedience to quarantine rule
272. Adulteration of food or drink intended for sale
273. Sale of noxious food or drink
274. Adulteration of drugs
275. Sale of adulterated drugs
276. Sale. of drug as a different drug or preparation
277. Fouling water of public spring or reservoir
278. Making atmosphere noxious to health
279. Rash driving or driving on a public way
280. Rash navigation of vessel
281. Exhibition of false light, mark or buoy
282. Conveying person by water for hire in unsafe or overloaded vessel
283. Danger or obstruction in public way or line of navigation
284. Negligent conduct with respect to poisonous substance
285. Negligent conduct with respect to fire or combustible matter
286. Negligent conduct with respect to explosive substance
287. Negligent conduct with respect to machinery
288. Negligent conduct with respect, to pulling down or repairing buildings
289. Negligent conduct with respect to animal
290. Punishment for public nuisance in cases not otherwise provided for
291. Continuance of nuisance after injunction to discontinue
292. Sale, etc., of obscene books, etc.
293. Sale, etc., of obscene objects to young person
294. 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

295. 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
296. Disturbing religious assembly
297. Trespassing on burial places, etc.
298. 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
299. Definitions
300. Qatl-e-Amd
301-Causing death of person other than the person whose death was intended
302. Punishment of qatl-i-amd
303. Qatl committed under ikrah-i-tam or ikrah-i-naqis
304. Proof of qatl-i-amd liable to qisas. etc.
305. Wali
306. Qatl-i-amd not liable to qisas
307. Cases in which Qisas for qatl-i-amd shall not be enforced
308. Punishment in qatl-i-amd not liable to qisas, etc.
309. Waiver (Afw) of qias in qatl-i-amd
310. Compounding of qisas (Sulh) in qatl-i-amd
311. Ta'zir after waiver or compounding of right of qisas in qatl-i-amd
312. Qatl-i-amd after waiver or compounding of qisas
313. Right of qisas in qatl-i-amd
314. Execution of qisas in qatl-i-amd
315. Qatl shibh-i-amd
316. Punishment for qatl shibh-i-amd
317. Person committing qatl debarred from succession
318. Qatl-i-khata
319. Punishment for qatl-i-khata
320. Punishment for qatl-i-khata by rash or negligent driving
321. Oatl-bis-sabab
322. Punishment for qatl bis-sabab
323. Value of diyat
324. Attempt to commit qatl-i-amd
325. Attempt to commit suicide
326. Thug
327. Punishment
328. Exposure and abandonment of child under twelve years by parent or person having
care of it
329. Concealment of birth by secret disposal of dead body
330. Disbursement of diyat
331. Payment of Diyat
332. Hurt
333. Itiaf-i-udw
334. Punishment for Itlaf-l-udw
335. Itlaf-i-salahiyyat-i-udw
336. Punishment for Itlaf-i-salahiyyat-i-udw
337. 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
338. 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

339. Wrongful restraint
340. Wrongful confinement
341. Punishment for wrongful restraint
342. Punishment for wrongful confinement
343. Wrongful confinement for three or more days
344. Wrongful Confinement for ten or more days
345. Wrongful confinement of person for whose liberation writ, has been issued
346. Wrongful confinement in secret
347. Wrongful confinement to extort property or constrain to illegal act
348. Wrongful confinement to extort confession or compel restoration of property
Of Criminal Force and Assault
349. Force
350. Criminal force
351. Assault
352. Punishment for assault or criminal force otherwise than on grave provocation
353. Assault or criminal force to deter public servant from discharge of his duty
354. 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
355. Assault or criminal force with intent to dishonour a person, otherwise than on grave
provocation
356. Assault or criminal force in attempt to commit theft of property carried by a person

357. Assault or criminal force in attempting wrongfully to confine person
358. Assault or criminal force on grave provocation
Of Kidnapping, Abduction, Slavery and Forced Labour
359. Kidnapping
360. Kidnapping from Pakistan, etc.
361. Kidnapping from lawful guardianship
362. Abduction
363. Punishment for kidnapping
364. Kidnapping or abducting In order to murder
364-A. Kidnapping or abducting a person under the age of fourteen
365. Kidnapping or abducting with intent secretly and wrongfully to confine person
365-A. Kidnapping or abducting for extorting property, valuable security, etc.
366. Kidnapping, abducting or inducing woman to compel her marriage, etc.
366-A. Procuration of minor girl
366-B. Importation of girl from foreign country
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person
369. Kidnapping or abducting child under ten years with intent to steal from its person
370. Buying or disposing of any person as a slave
371. Habitual dealing in slaves
372. Selling minor for purposes of prostitution, etc.
373. Buying minor for purposes of prostitution, etc.
374. Unlawful compulsory labour
Of Rape
375. Rape
376. Punishment of rape
Of Unnatural Offences
377. Unnatural offences
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY

Of Theft
378. Theft
379. Punishment for theft
380. Theft in dwelling house, etc.
381. Theft by clerk or servant or property in possession of master
361 -A. Theft of a car or other motor vehicles
382. Theft after preparation made for causing death, hurt or restraint in order to the
committing of the theft
Of Extortion
383. Extortion
384. Punishment for extortion
385. Putting person in fear of injury in order to commit extortion
386. Extortion by putting a person in fear of death or grievous hurt
387. Putting person in fear of death or of grievous hurt, in order to commit extortion
388. Extortion by threat of accusation of an offence punishable with death or imprisonment
for life, etc.
389. Putting person in fear of accusation of offence, in order to commit extortion
Of Robbery and Dacoity
390. Robbery
When theft is robbery

When extortion is robbery
391. Dacoity
392. Punishment for robbery
393. Attempt to commit robbery.
394. Voluntarily causing hurt in committing robbery
395. Punishment for dacoity
396. Dacoity with murder
397. Robbery or dacoity, with attempt to cause death or grievous hurt
398. Attempt to commit robbery or dacoity when armed with deadly weapon
399. Making preparation to commit dacoity
400. Punishment for belonging to gang of dacoits
401. Punishment for belonging to gang of thieves
402. 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
404. Dishonest misappropriation of property possessed by deceased person at the time of
his death
Of Criminal Breach of Trust
405. Criminal breach of trust
406. Punishment for criminal breach of trust
407. Criminal breach of trust by carrier, etc.
408. Criminal breach of (.rust by clerk w servant
409. Criminal breach of trust by public servant, or by banker, merchant or agent
Of Receiving of Stolen Property
410. Stolen property
411. Dishonestly receiving stolen property
412. Dishonestly receiving stolen property in the commission of a dacoity
413. Habitually dealing in stolen property
414. Assisting in concealment of stolen property
Of Cheating
415. Cheating
416. Cheating by personation
417. Punishment for' cheating
418. Cheating with knowledge that wrongful loss may ensue to person whose interest
offender is bound to protect
419. Punishment for cheating by personation
420. Cheating and dishonestly inducing delivery of property
Of Fraudulent Deeds and Dispossession of Property
421. Dishonest or fraudulent removal or concealment of property to prevent distribution
among creditors
422. Dishonestly or fraudulently preventing debt being available for creditors
423. Dishonest or fraudulent execution of deed of transfer containing false statement of
consideration
424. Dishonest or fraudulent removal or concealment of property
Of Mischief

425. Mischief
426. Punishment for mischief
427 Mischief causing damage to the amount of fifty rupees
428. Mischief by killing or maiming animal of the value, of ten rupees
429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of
fifty rupees
430. Mischief by injury to works of irrigation or by wrongfully divertingwater
431. Mischief by injury to public road, bridge, river or channel
432. Mischief by causing Inundation or obstruction to public drainage attended with
damage
433. Mischief by destroying, moving or rendering fess useful a light house or sea-mark
434. Mischief by destroying or moving, etc., a land-mark fixed by public authority
435. 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
436. Mischief by fire or explosive substance with intent to destroy house, etc,
437. Mischief with intent to destroy or-make unsafe a decked vessel or one of twenty tons
burden
438. Punishment for the mischief described in Section 437 committed by fire or explosive
substance
439. Punishment for intentionally running vessel aground or ashore with intent to commit
theft, etc.
440. Mischief committed after preparation made for causing death or hurt
Of Criminal Trespass
441. Criminal trespass
442. House-trespass
443. Lurking house-trespass
444. Lurking house-trespass by night
445. House-breaking
446. House-breaking by night
447. Punishment for criminal trespass
448. Punishment for house-trespass
449. House-trespass in order to commit offence punishable with death
450. House-trespass in order to commit offence punishable with imprisonment for life
451. House-trespass in order to commit offence punishable with imprisonment
452. House-trespass after preparation for hurt, assault or wrongful restraint
453. Punishment for lurking house-trespass or house-breaking
454. Lurking house trespass or house-breaking in order to commit offence punishable with
imprisonment
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or
wrongful restraint
456. Punishment for lurking house-trespass or house-breaking by night
457. Lurking house-trespass or house-breaking by night in order to commit offence
punishable with imprisonment
458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault
or wrongful restraint
459. Hurt caused, whilst committing lurking house-trespass or house-breaking
460. Persons jointly concerned in lurking house-trespass or house breaking by night
punishable for qatl or hurt caused by one of them
461. Dishonestly breaking open receptacle containing property
462. Punishment for same offence when committed by person entrusted with custody
CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE

OR PROPERTY MARKS
463. Forgery
464. Making a false document
465. Punishment for forgery
466. Forgery or record of Court or of public register, etc.
467. Forgery of valuable security, will, etc.
468. Forgery for purpose of cheating
469. Forgery for purpose of harming reputation
470. Forged document
471. Using as genuine a forged document
472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
under Section 467
473. Making or possessing counterfeit sea), etc., with intent to commit forgery punishable
otherwise
474. Having possession of document described in Section 466 or 467 knowing it to be
forged and intending to use it as genuine
475. Counterfeiting device or mark used for authenticating documents described in
Section 467, or possessing counterfeit marked material
476. Counterfeiting device or mark used for authenticating documents other than those
described in Section 467, or possessing counterfeit marked material
477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable
security
477-A. Falsification of accounts
Of Trade, Property and Other Marks
478. Trade mark
479. Property mark
480. Using a false trade mark
481. Using a false property mark
482. Punishment for using a false trade-mark or property mark
483. Counterfeiting a trade mark or property mark used by another
484. Counterfeiting a mark used by a public servant
485. Making or possession of any instrument for counterfeiting a trade mark or property
mark.
486. Selling goods marked with a counterfeit trade mark or property mark
487. Making a false mark upon any receptacle containing goods
488. Punishment for making use of any such false mark
489. 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 unauthorised sate thereof
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
490. Breach of contract of service during voyage or journey
491. Breach of contract to attend on any supply wants of helpless person
492. Breach of contract to serve at distant place to which servant is conveyed at master's
expense
CHAPTER XX
OF OFFENCES RELATINGTO MARRIAGE

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

499. 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
500. Punishment for defamation
501. Printing or engraving matter known to be defamatory
502. Sale of printed or engraved substance containing defamatory matter
CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation
504. Intentional insult with intent to provoke breach of the peace
505. Statements conducing to public mischief
506. Punishment for criminal intimidation
If threat be to cause death or grievous hurt, etc.
507. Criminal intimidation by an anonymous communication
508. Act caused by inducing person to believe that he will be rendered an object of Divine
displeasure
509. Word, gesture or act intended to insult the modesty of a woman
510. Misconduct in public by a drunken person .
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
511. Punishment for attempting to commit offences punishable with imprisonment for life
or for a shorter terms.
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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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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
54. 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
55. 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.
56. Sentence of Europeans and Americans to penal servitude: [Rep. by the Criminal Law
(Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.]
57. 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.
58. Offenders sentenced to transportation how dealt with until, transported: [Omitted by
the Law Reforms Ordinance, XII of 1972, S. 2].
59. Transportation instead of imprisonment: [Omitted by the Law Reforms Ordinance, XII
of 1972, S. 2].
60. 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.
61. Sentence of forfeiture of property: [Repealed by .the Penal Code (Amendment) Act,
XVI of 1921, S. 4].
62. 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].
63. 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.
64. 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.
65. 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.

66. 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.
67. 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.
68. 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.
69. 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.
70. 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.
71. 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.
72. 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.
73. 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.
74. 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.

75. 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.
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CHAPTER IV
GENERAL EXCEPTIONS
76. 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.
77. 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.
78. 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.
79. 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.
80. 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.
81. 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.
82. Act of a child under seven years of age: Nothing is an offence, which is done by a
child under seven years of age.

83. 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.
84. 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.
85. 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.
86. 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.
87. 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.
88. 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.
89. 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.
90. 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.
91. 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.
92. 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.
93. 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.
94. 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.
95. 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
96. Things done in private defence: Nothing is an offence which is done in the exercise
of the right of private defence.
97. 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.
98. 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.
99. 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.
100. 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.
101. 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.
102. 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.
103. 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.
104. 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.
105. 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.
106. 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.
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CHAPTER V
OF ABETMENT

107. 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.
108. 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

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
109. 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.
110. 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.
111. 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.
112. 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.

113. 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.
114. 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.
115. 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.
116. 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.
117. 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.
118. 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,
119. 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.
120. 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.
1. Chapter V-A ins. by the Criminal Law (Amdt.) Act, VIII of 1913.
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CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. 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
122. 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.
123. 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
124. 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.
125. 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.
126. 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.

127. 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.
128. 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.
129. 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.
130. 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.
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CHAPTER VII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his
duty: 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
132. 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.
133. 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.
134. 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.
135. 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.
136. 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.
137. 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.
138. 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].
139. 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.
140. 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.
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CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
141. 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.
142. 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.

143. 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.
144. 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.
145. 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.
146. 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.
147. 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.
148. 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.
149. 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.
150. 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.
151. 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.
152. 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.
153. 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.
154. 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.
155. 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.
156. 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.
157. 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.
158. 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.
159. Affray: When two or more persons, by fighting in a public place, disturb the public
peace, they are said to "commit an affray.
160. 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.
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CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161. 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.
162. 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.

163. 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.
164. 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.
165. 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.
166. 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.
167. 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.
168. 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.
169. 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.
170. 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.
171. 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.
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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
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