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  #21  
Old Sunday, January 02, 2011
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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Breach of Contract Repealed Act III of 1925), S. 2 and Schedule].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].
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  #22  
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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]
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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.
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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.
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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.
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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.
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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.
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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.
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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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