Pakistan Penal Code

Chapter 1

Introduction

Preamble:

It is necessary 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, etc.

Every person shall be liable to punishment under this code for every act or omission of which he shall be guilty within Pakistan.

What is the effect of commission of offence by any person within Pakistan?

Section 2 provides that every person, whether a citizen or non-citizen in Pakistan, shall be liable to punishment under this code for every act or omission of which he shall be guilty within Pakistan. Thus, the commission of any crime by any foreign citizen of any other country, who is guilty of any crime in this country, may be tried in Pakistan, despite the fact that the provisions of Extradite Treaty are to be kept in view by the respective Governments.

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 a crime in another country shall be treated the same as if he has committed the crime in Pakistan.

What is the effect of commission of an offence by any citizen beyond the limits of Pakistan?

The last Section 2 provides that every person, whether a citizen or non-citizen in Pakistan, shall be liable to punishment under this code for every act or omission of which he shall be guilty within Pakistan. The Section 3 creates a criminal liability of Pakistani citizen committing any such crime beyond the limits of Pakistan by providing that any person who commits a crime in another country shall be treated the same as if he has committed the crime in Pakistan. Thus the commission of any crime by any Pakistani citizen, in any other country, may be tried in Pakistan.

Section 4. Extension of Code to extra-territorial offences

The Code also applies to any offence committed by

• Citizens of Pakistan, regardless of their location;
• Persons in the service of Pakistan, anywhere in the world; and
• Anyone 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.

What is the effect of commission of extra-territorial offences by any citizen of Pakistan?

The Section 4 extends the jurisdiction of domestic courts to investigate, inquire into, try or otherwise deal with the offences committed beyond the jurisdiction in certain circumstances for which it provides that the provisions of this Code apply also to any offence, committed by any citizen of Pakistan, or any person in the service of Pakistan, in any place, without and beyond Pakistan, any person on any ship, or aircraft, registered in Pakistan, wherever it may be.

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 to any special or local law.

What is the effect of P.P.C on other provisions of law for punishing mutiny and desertion of officers, Soldiers, sailors, civil servants or any special or law, and are they exempt from its operation, if so why?

There may be any other laws creating and defining offences of more serious nature, like mutiny and desertion from Armed Forces, or leaving the service of State without adopting the procedure and providing for minor or major punishments, and there may be passed any special or local laws to deal with special offences by special courts. Section 5 provides shelter to such laws from the general provisions of PPC with the protection that nothing in this Act shall be deemed to repeal, vary, suspend or affect any of the provisions of such special, local or service laws. Such provisions may be mentioned in the special statute, but even if no such bar is provided in any special or local laws, even then Section 5 is sufficient to exclude all the provisions of PPC from affecting any such offences and the punishments.