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Pakistan Penal Code

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Pakistan Penal Code
Created1860
Author(s)Thomas Babington Macaulay
PurposeGoverning crimes and punishment

The Pakistan Penal Code (Urdu: مجموعہ تعزیرات پاکستان; Majmū'ah-yi ta'zīrāt-i Pākistān), abbreviated as 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 behalf of the Government of British India as the Indian Penal Code. After the creation of Pakistan in 1947, Pakistan inherited the same code and subsequently after several amendments by different governments, in Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Parliament of Pakistan.[1]

History

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The draft of the 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 it was passed into law in 1860. Macaulay did not survive to see the Penal Code's enactment.[2]

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.

Jurisdiction

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  • 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

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  • Section 53.

The punishments to which offenders are liable under the provisions of this Code are:

  • First, Qisas ("retribution");
  • Second, Diyat;
  • Third, Arsh− (Pre-specified Compensation);
  • Fourth, Daman (Compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh);
  • Fifth, Ta'zir (punishment, usually corporal, that can be administered at the discretion of a judge)
  • Sixth, Death;
  • Seventh, Imprisonment for life;
  • Eighth, Imprisonment which is of two descriptions, namely:--
  1. Rigorous (i.e., with hard labour);
  2. Simple;
  • Ninth, Forfeiture of property;
  • Tenth, Fine

First five punishments are added by amendments and are considered Islamic Punishments, and very few have been sentenced to these punishments so far. Anyone who is sentenced to the first five punishments can appeal to the Federal Shariat court.

PPC Criminal Offences

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This law states that any person who commits a crime within Pakistan will be punished according to the laws of Pakistan and no other laws.[3]

378. Theft(Offences Against Property):

Theft occurs when a person intentionally takes movable property from another person without their consent. This act involves moving the property with the intent to steal it. The property must be capable of being moved, and consent to take it can be explicit or implied. Even causing an animal to move property unintentionally can constitute theft. However, taking something unintentionally or believing it to be one's own property does not constitute theft.

379. Punishment for Theft(Offences Against Property):

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

383. Extortion:

Extortion occurs when a person intentionally instills fear of harm in another individual to dishonestly obtain property, valuable securities, or documents that can be transformed into valuable securities. This includes threats such as defamation, kidnapping, or property damage.

384. Punishment for extortion:

Whoever, commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

425. Mischief:

Mischief occurs when someone intentionally or recklessly destroys or damages property, causing wrongful loss or harm to the public or an individual. This includes actions that diminish the property's value, utility, or causes harm in any way. The intent to harm the property owner is not necessary; it is sufficient to intend to cause harm to anyone through property damage. Mischief can be committed against one's own property or jointly owned property.

426. Punishment for mischief:

Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.


441. Criminal trespass:

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

442. House-trespass:

Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass". Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house trespass.

447. Punishment for criminal trespass:

Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to 169[one thousand five hundred rupees] 169, or with both.

448. Punishment for house-trespass:

Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to 170[three thousand rupees] 170, or with both. [4]

See also

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References

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  1. ^ "Private Bills - Penal" (PDF). senate.gov.pk.
  2. ^ NEELAMALAR, M. (3 November 2009). MEDIA LAW AND ETHICS. PHI Learning Pvt. Ltd. ISBN 9788120339743.
  3. ^ "Pakistan Penal Code (Act XLV of 1860)-Act XLV of 1860". www.Pakistan.org. Retrieved 29 July 2024.
  4. ^ "Pakistan Penal Code (Act XLV of 1860)-Act XLV of 1860". www.Pakistan.org. Retrieved 29 July 2024.


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