[COLOR="Blue"][SIZE="4"]CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE 490. Breach of contract of service during voyage or journey [Rep. By the Workmen's Breach of Contract Repealed Act III of 1925), S. 2 and Schedule]. 491. Breach of contract to attend on any supply wants of helpless person: Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth; or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both. 492. Breach of contract to serve at distant place to which servant is conveyed at masters expense: [Rep. by the Workman's Breach of Contract (Repeating) Act, HI of 1925, Sec. 2 and Schedule]. [/SIZE][/COLOR] |
[COLOR="Blue"][SIZE="4"]CHAPTER XX
OF OFFENCES RELATING TO MARRIAGE 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage: [Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, VH of 1979, S. 19]. 494. Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which, such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception: This Section does not extend to any person, whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted : Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 496. Marriage ceremony fraudulently gone through without lawful marriage: Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine. 497. Adultery: [Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979, S. 19]. 498. Enticing or taking away or detaining with criminal intent a married woman: [Rep. by the Offence of Zina (Enforcement of Hudood) Ordinance, Vll of 1979, S. 19][/SIZE][/COLOR] |
[SIZE="4"][COLOR="Blue"]CHAPTER XXI
OF DEFAMATION 499. Defamation: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said except in the cases hereinafter excepted, to defame that Proviso: [Omitted by the Criminal Law (Amendment) Act JV of 1986.] Explanation 1: It may amount to defamation to impute anything to a deceased person, if the jmputator would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2: It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3: An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4: No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered a disgraceful. Illustration (a) A says: Z is an honest man, he never state B's watch, intending to cause it to be believed that Z did steal 6's watch., This is defamation, unless it fall within one of the exceptions. (£)) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation unless it falls within one of the exceptions. (c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it falls within one of the exceptions. First Exception-Imputation of truth which public good requires to be made or published: It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question off act. Second Exception on Public conduct of public servants: It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Third Exception-Conduct of any person touching any public question : It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and. respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing requisition for a meeting on a public question, in presiding or attending as such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. Fourth Exception Publication of reports of proceedings of Courts: It is not defamation to public a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation: Justice of the peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice is a Court within the meaning of the above section. Fifth Exception -Merits of case decided in Court or conduct of witnesses and other concerned: It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and not further. Illustration (a) A says: "I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest," A is within this exception if he says that in good faith, inasmuch as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no further. (b) But if A says: "I do not believe what Z asserted at that trial because ! know him to be a man without veracity." A is not within this exception, inasmuch as the opinion which he expresses of Z's character, is an opinion not founded on Z's conduct as a witness. Sixth Exception -Merits of public performance: It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation: A performance may be submitted to the judgment of the public expressly or by acts on the part of the author, which imply such submission to the judgment of the public. Illustrations (a) A person who publishes a book, submits that book to the judgment of the public. (b) A person who makes a speech in public, submits that speech to the judgment of the public, (c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public. (d) A says of a book published by Z. "Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind." A is within this exception, if he says this in good faith, Inasmuch as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further. (e) But if A says: I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine. A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book. Seventh Exception -Censure passed in good faith by person having lawful authority over another: It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under this orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in service;' a banker censuring in good faith, the cashier of his bank for the conduct of such cashier as such cashier are within this exception, Eight Exception -Accusation preferred in good faith to authorised person : It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation. Illustration If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, a child-Z's father A is within this exception. Ninth Exception- Imputation made in good faith by person for protection of his or other's interest: It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good. Illustrations (a) A, a shopkeeper, says to B, who manages his business—"Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty." A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the good, A is within the exception. Tenth Exception -Caution intended for good of person to whom conveyed or for public good: It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. 500. Punishment for defamation: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both: 501. Printing or engraving matter known to be defamatory: Whoever prints or engraves any matter, knowing or having good reason to relieve that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 502. Sale of printed or engraved substance containing defamatory matter : Whoever sells or offers for sale any printed or engraved substance containing defamatory matter knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.[/COLOR][/SIZE] |
[SIZE="4"][COLOR="Blue"]CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 503. Criminal Intimidation: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation : A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation. 504. Intentional insult with intent to provoke breach of the peace : Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 505. Statements conducing to public mischief: (1) Whoever makes, publishes, or circulates any statement, rumour or report-- (a) with intent to cause or incite, or which is likely to cause or incite, any officer, soldier, sailor, or airman in the Army, Navy or Air Force of Pakistan to mutiny, offence or otherwise disregard or fail in his duty as such ; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment for a term which may extend to seven years and with fine. (2) Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment for a term which may extend to seven years and with fine. Explanation: It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid. 506. Punishment for criminal intimidation: Whoever commences the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. If threat be to cause death or grievous hurt, etc.: And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 507. Criminal intimidation by an anonymous communication: Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section. 508. Act caused by inducing person to believe that he will be rendered an object of Divine displeasure: Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not to the thing which it is the object of the offender to cause him to do, or if he does the thing which it is object of the offender to cause to him to omit shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Illustrations (a) A suits dhurna at Z's door with the intention of causing it to be believed that, by so sitting, he renders 2 an object of divine displeasure, A has committed the offence defined fn this section. (b) A threatens Z that, unless Z performs a certain act, A wilt kill one of A's own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. 509. Word, gesture or act intended to insult the modesty of a woman: Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 510. Misconduct in public by a drunken person: Whoever, in a, state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both. [/COLOR][/SIZE] |
[SIZE="4"][COLOR="Blue"]CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES 511. Punishment for attempting to commit offences punishable with imprisonment for life or for a shorter terms: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall where no express provision is made by this Code for the punishment bf such attempt, be punished with imprisonment of any description provided for the offence for a term which may extend to one-half of the longest term of imprisonment provided for that offence or with such fine daman as is provided for the offence, or with both. Illustration (a) A makes an attempt to steal some jewels by breaking, open the box, and finds after so opening the box, that there is no jewels in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket, A fails in the attempt in consequence of 2's having nothing in his pocket. A is guilty under this section. [/COLOR][/SIZE] |
havn't you just uploaded whole book of PPC.. where are the notes ?
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Pakistan Penal Code...
The Pakistan Penal Code usually called PPC is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of British India as the Indian Penal Code. After the partition of India in 1947, Pakistan inherited the same code and subsequently after several amendments in different governments,it is now mixture of Islamic and English Law. History... The draft of the (British) Indian Penal Code was prepared by the First Law Commission and it was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and puisne Judges of the Calcutta Supreme Court who were members of the Legislative Council, and was passed into law in 1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law. Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example even cyber crimes can be punished under the code. Important Features of PPC Jurisdiction Section 1. Title and extent of operation of the Code. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan. Section 4 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; (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.Extension of Code to extraterritorial offences. |
Punishments..
Section 53. 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 First five punishments are added by amendments and are Islamic Punishments. |
OBJECTS AND PURPOSES OF PUNISHMENT
================================================== === ================================================== === The object and purpose of punishment is the prevention of crime and every punishment is intended to have double effect, viz, to prevent the person who has committed a crime from repeating the act or omission and to prevent other members of community from committing similar crimes. The main object of awarding punishment for offences is to create such an atmosphere which may become a deterrence for the people who have propensities towards crime and thereby prevention of offences so that the society in which all the members have to live may not feel suffocated, distuebed and prone to unhealting environment. The measure of punishment therefore, must vary from time to time according to the condition of a particular crime and other circumstances. The object of punishments being preventive, Penal policy of state should be to protect the society. |
THEORIES OF PUNISHMENT:
================================================== ==== ================================================== ==== 1. DETERRENT =========================== According to this theory the punishment is awarded to deter people from committing the crime. Emotion of fear play a vital role in man's life. The peole fear to commit the crime because it will render them to suffer. The fear of punishment put a check not only on criminal from committing further crime but also on all other evil minded. In spite of its weakness this has not entirely been eliminated from the policy of modern court of criminal justice. Hegal strongly supported this theory. 2. RETRIBUTIVE =========================== The theory is based on the principle of an eye for an eye and tooth for tooth. The offender should be punished according to the nature of injury caused by him to the victim. In other words punishment should be in proportion to the injury caused by the accused. This theory does not look to the motive but to the intention in committing the crime. According to Salmond, t suffer punishment is to pay a debt due to the law that has been violated. 3.PREVENTIVE =========================== This has also been called theory of dsablement as it aims at, preventing the crime by disabling the criminal. In order to prevent the repitition of crime , the offenders are punished with death, imrisonment for life. For example, a murder is commited by A and he is punished. Here A is punished not for having committed the murder, but in order that no further murder be committed. This theoty has been commented by many writers on the ground that prevention of crime can also be done by reforming the behaviour of the criminal. 4. REFORMATIVE =========================== The object of punishment according to this theory should be to reform the criminals. The cime is a mental disease which is caused by different anti-social elements. Therefore, there should be a mental case of the criminal s instead of awrding them severe punishment. Much truth lies in the statement that to open a school is to close a prison. if a persons of criminal mind are educated and trained there will be a little or not at all possibility of any crime being committed by them. The punishment therefore should be curative or corrective because no body could be cure by killing. In modern times much imortance is given to reformation or rehabilitation of the criminals.specially the young offenders in whose case this theory has very successfully applied. This theory has however failed in the cases of professional and habitual offenders. From the above discussion this is clear that neither theory can be adopted as sole standard of punishment for the perfect penal code |
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