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Pakistan Penal Code
Penal code for all offences charged in Pakistan From Wikipedia, the free encyclopedia
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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. After the creation of Pakistan in 1947, the country inherited the Indian Penal Code (IPC), originally prepared by Lord Macaulay in 1860 on behalf of the government of British India. 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]
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History
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 cybercrimes can be punished under the code.
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Structure
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The Pakistan Penal Code (PPC) consists of 23 chapters,[3] and 511 sections covering various offenses and regulations. The PPC's jurisdiction applies throughout Pakistan and anyone who resides in the country.[4]
Section 53 (Punishments)
The punishments to which offenders are liable under the provisions of this Code are:
- Qisas ("retribution");
- Diyat;
- Arsh (Pre-specified Compensation);
- Daman (Compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh);
- Ta'zir (punishment, usually corporal, that can be administered at the discretion of a judge)
- Death;
- Imprisonment for life;
- Imprisonment, which is of two descriptions, namely:--
- Rigorous (i.e., with hard labour);
- Simple;
- Forfeiture of property;
- 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
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.[5]
- 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".
- 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 Rs 1500, or with both.
- 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.
- 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 Rs 3000, or with both.[6]
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Amendments
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Does not include provincial amendments to the Pakistan Penal Code.
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See also
References
External links
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