Introduction
Chapter 1
Introduction
Preamble
Whereas it is expedient to provide a general Penal Code for Pakistan; it is enacted as follows:
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 2. Punishment of offences committed within Pakistan
Every person shall be liable to punishment under this Code for every act or omission of which he shall be guilty within Pakistan, but he shall not be liable to punishment under this Code for any act or omission contrary to the provisions thereof.
Section 3. Punishment of offences committed beyond, but which by law may be tried within Pakistan
Any person, who is a citizen of Pakistan, commits an offence in another country shall be treated the same as if he has committed the offence in Pakistan.
Section 4. Extension of Code to extra-territorial offences
The Code also applies to any offence committed by
- Any citizen of Pakistan, regardless of his location;
- Any person in the service of Pakistan, anywhere in the world; and
- Any person on a ship or aircraft registered in Pakistan.
Illustrations
- A, a Pakistan 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.
- A, 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.
- A, a British subject living in Gujranwala, instigates B to commit a murder in Lahore. A is guilty of abetting murder.
Section 5. Certain laws not to be affected by this Act
This Act shall not repeal, change, suspend, or affect any other law that punishes mutiny or desertion by officers, soldiers, sailors, or airmen in the service of the state.
This Act shall not affect any special or local law.
Examples of other laws
Following are examples of other laws
- Laws related to the Military, Air force
- Anti-terrorism Act
Chapter 2
General Explanations
Section 6. Definitions in the Code to be understood subject to exceptions
Every definition of offense, penal provision, and illustration of the penal provision under this Code shall be understood subject to the exceptions contained in the chapter “General Exceptions”.
Illustrations
- The sections in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; 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.
- 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 general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it.”
Section 7. Sense of expression once explained
Every expression which is explained in any part of this Code is used in the same sense in any other part of the Code.
Section 8. Gender
The pronoun “he” and its derivatives are used for any person, whether male or female.
Section 9. Number
The words importing the singular number include the plural number, and words importing the plural number include the singular number.
Section 10. Man and Woman
The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.
Section 11. Person
The word “person” includes any company or association, or group of people, whether they are incorporated or not.
Section 12. Public
The word “public” includes any class of the public or any community.
Section 14. Servant of the State
The words “servant of the State” denote all officers or servants appointed by the authority of the Federal Government or any Provincial Government in Pakistan.
Section 17. Government
The word “Government” denotes the person or persons authorized by law to administer executive Government in Pakistan.
Section 19. Judge
The word “Judge” refers to any person who is officially designated as a Judge or has the authority to give definitive judgments in legal proceedings.
Illustration
A Magistrate who has the power to sentence someone to a fine or imprisonment, is a Judge.
Section 20. Court of Justice
The words “Court of Justice” denote a Judge or body of Judges that is empowered by law to act judicially.
Section 21. Public servant
Public servant is a term used to describe any person who holds an office of public service, including:
• Commissioned Officers in the Military, Naval or Air Forces while serving under Federal/Provincial Governments
• Judges and other Court officers
• Jurymen, arbitrators and others referred by Courts for decision-making/reporting
• Persons empowered to place people in confinement
• Government officers responsible for preventing offences, giving information on offences etc.
• Officers responsible for taking care of government property & documents relating to pecuniary interests of the Government
• Village officers responsible for preparing electoral rolls & conducting elections
Section 22. Moveable property
Movable property includes any type of corporal property of any description that can be moved, except land and things that are permanently attached to the ground.
Section 23. Wrongful gain
Wrongful gain is a gain by unlawful means of property to which the person gaining is not legally entitled.
Wrongful loss
Wrongful loss is a loss by unlawful means of property to which the person losing it legally entitled.
Section 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 things dishonestly.
Section 25. Fraudulently
A person is said to do a thing fraudulently if he does that thing with the intention of fraud but not otherwise.
Section 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.
Section 27. Property in possession of wife, clerk or servant
When property of any person is in the possession of his wife, servant, or clerk. It is considered in the possession of such person under this Code.
Explanation
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.
Section 28. Counterfeit
A person is said to “counterfeit” when he makes one thing resemble to another thing with the intention to deceive someone else. It is not necessary for something to be an exact copy in order to be considered a counterfeit.
Section 29. Document
The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks which may be used as evidence.
Section 30. Valuable security
The words “valuable security” refer to documents that create, extend, transfer, restrict, extinguish, or release a legal right, or acknowledge that someone is liable under the law or does not have a certain legal rights.
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”. Power of attorney is a valuable security.
Section 31. A will
The words ‘a will’ denote any testamentary document.
Section 32. Words referring to acts include illegal omissions
In every part of this Code, words which refer to “acts done” also extend to “illegal omissions”.
Section 33. Act and Omission
Act means an act or series of acts and omission means an omission or series of omission.
Section 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 of such person is liable for that act.
Distinction between Section 34 and Section 149
Section 149 says that if anyone in an unlawful assembly commits an offence, then everyone in the assembly is guilty of the offence. An unlawful assembly is when five or more people get together for a common purpose. The key difference between Section 34 and 149 is that under Section 34, everyone must have been participating in the criminal act, whereas under Section 149, it is enough that they were simply members of the assembly at the time the criminal act was committed. Section 34 says that everyone involved in a criminal act is equally guilty, and this is because they all had the same intention to commit the crime.
Describe and explain ‘common intention’, and ‘common object’. Is there any difference between the two?
The phrase “constructive liability” means that a person is legally responsible for the consequences of the action of another person, even if he did not directly contribute to the action. This principle is based on the idea that, under certain circumstances, a person who did not directly cause an offence should be treated equally to the person who did cause the offence, in terms of legal responsibility.
Section 34 P.P.C., deals with constructive criminality, which is when a group of people are held equally liable for an act done by one or more persons in the group. This section does not create a new offence, but only lays down the principle of joint criminal liability. This means that if a group of people commit a crime together, each person in the group can be charged with the crime even if they did not personally do anything illegal. The words “common intention” mean unity of purpose or a pre-arranged plan.
In the Ram swami vs. State case, the Supreme Court of India ruled that even though people may agree on something on the spot, it must have been planned ahead of time to be considered a crime.
Section 149 PPC is another example of constructive joint criminal liability. According to this section, if a member of an unlawful assembly commits an offence in prosecution of the common object of the assembly, every person who is a member of that assembly at the time the offence is committed is guilty of that offence.
To a certain extent, both Sections are over-lapping and both can be invoked against the accused when there is no difference between the object and intention with which the offence is committed. The actual participation is essential in Section 34, but membership of unlawful assembly is the main feature of Section 149. The common object is different than common intention, as it does, not require prior meeting of minds, but an unlawful object can develop after people assemble together. At least two persons are required to share the common intention under Section 34, but for applicability of Section 149, unlawful assembly must consist of at least five persons. Common intention may be of any type, while the common object must one, of the objects mentioned Section 141, which defines the term, “unlawful assembly”. There is no question of common intention in Section 149, so every member of the assembly would be guilty of the offence committed by it, even though there may not have been any common intention as to actual commission of that offence. Hence, both the sections deal with cases of constructive criminal liability. Strict proof of common intention of concerned persons is normally not possible, but the same can conveniently be gathered from the set of circumstances brought forth in cases.
The “common intention” signifies an act of two or more persons in furtherance of common intention, whereas, the “common object” signifies an act of five or more persons in furtherance of common object.
The “common intention” enforces the doctrine of criminal liability and does not form a distinct offence, whereas, the “common object” enforces not only vicarious liability but also creates distinct offence to deal with that offence alone. The “common intention” is pre-arranged and pre-planned, whereas, for the “common object”, being member of unlawful assembly, one becomes liable.
Section 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention
When an act is done by several persons, which is criminal only by reason of its being done with criminal knowledge or intention, each of such persons who joins the act with criminal intention is liable for the act in the same manner as if the acts were done by him alone.
Section 36. Effects caused partly by act and partly by omission
Whenever a partly act or partly omission is done with the same intention, it is to be understood 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.
Section 37. Co-operation by doing one of several acts constituting an offence
If someone commits an offence using multiple acts, and another person intentionally helps him in any of those acts, even if it is just one act, that other person has also committed the offence.
Illustrations
- A and B agree to kill Z by giving him poison in small doses at different times. A and B give the poison to Z according to the agreement, intending to kill him. Z dies from the effects of the poison, so A and B are both guilty of murder even though their acts were separate.
- A and B are both in charge of Z, a prisoner. They each have Z for six hours at a time. A and B want Z to die. They do not give Z food when it is their turn to watch him. Z dies of hunger. A and B are guilty of murder.
- A is a jailor who is responsible for Z, a prisoner. A deliberately decides not to give Z food, intending for Z to die as a result. However, the starvation does not cause Z’s death. A is relieved of duty, and B becomes the new jailor. B also decides not to give Z food, knowing that this will probably result in death. Z dies from hunger. B is guilty of murder, and A is guilty of attempted murder.
Section 38. Persons concerned in criminal act may be guilty of different offences
When a criminal act is done by several persons, 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.
Section 39. Voluntarily
Acting “voluntarily” means fully intending and being aware of the consequences for their actions – whether those outcomes were desired or not.
Illustration
- If someone sets fire to a house at night in order to rob it and somebody dies as a result, that person may not have intention to kill anyone but if he knew that his action could lead to someone’s death, he has caused death voluntarily.
Section 40. Offence
The word “offence” denotes a thing punishable under this Code, or under any special or local law.
Section 41. Special law
A “special law” is a law applicable to a particular subject.
Section 42. Local Law
A “local law” is a law that applies only to a particular part of Pakistan.
Section 43. Illegal or legally bound to do
The word “illegal” describes something that is against the law. If a person does not do something that he is “legally bound to do,” this means that it is illegal for him to not do it.
Section 44. Injury
The word “injury” refers to any type of harm that is caused illegally to a person, whether it is physical, mental, emotional, and financial.
Section 45. Life
The word “life” denotes the life of a human being, unless the contrary appears from the context.
Section 46. Death
The word “death” denotes the death of a human being unless the contrary appears from the context.
Section 47. Animal
The word “animal” denotes any living creature other than a human being.
Section 48. Vessel
The word “vessel” denotes anything made for the conveyance of human beings or property by water.
Section 49. Year and Month
When we say “year,” we mean a year according to the British calendar. The same goes for when we say “month.”
Section 50. Section
The word “section” refers to one of the parts of a chapter of this Code which are distinguished by numbers.
Section 51. Oath
The word “oath” refers to any solemn affirmation or declaration required or authorized by law.
Section 52. Good faith
Anything which is done with due care and intention.
Section 52 A. Harbour
Except in Section 157, and 130 in the case in which the harbor is given by the wife or the husband of the person harboured, the word “harbour” means giving to a person: shelter, food, drink, money, clothes, arms; ammunition or means of conveyance. It also includes assisting a person by any means to evade apprehension.