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Jan 21, 2008

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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 .