Pakistan Penal Code
The Pakistan Penal
Code usually called PPC (Urdu: مجموعہ تعزیرات پاکستان,
Majmū'ah-yi ta'zīrāt-i Pākistān) is a penal code for all
offences charged in Pakistan. It was originally prepared by Lord
Macaulay with a great consultation in 1860 on the behalf of the Government
of Pakistan as the Pakistan Penal Code. After the independence in
1947, Pakistan inherited the same code and subsequently after several
amendments by different governments, in it 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 Senate of Pakistan
History
The draft of the (British) Pakistan
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 was passed
into law in 1860, unfortunately Macaulay did not survive to see his masterpiece
enacted into a law.
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
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
· Section 53.
The punishments to which
offenders are liable under the provisions of this Code are:
· First, Qisas ("retaliation
in kind");
· 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 are
sentenced to these punishments so far. Anyone who is sentenced to first five
punishments can appeal to Federal Shariat court.
Important
sections which are commonly used in daily prosecution
· 107 117
· 109 – Abutment
· 147/148 – Punishment for
rioting and armed with deadly weapon
· 154 – FIR
· 294 – Obscene acts
· 295A – Outraging religious
beliefs
· 302 – Qatl-e-amd
(intentional and deliberate murder)
· 324 – Attempt to commit
Qatl-e-amd
· 337 – Shujjah (bodily
hurts)
· 345 – Wrongful confinement
· 352 Punishment for assault
· 365 Kidnapping
· 376 Rape
· 379 Theft
· 384 Extortion
· 392 Robbery
· 452 House trespass
· 504 Intentional insult
· 505 infect of politicians
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Comments
Sir section 154 is related to criminal procedure code while u put it in ppc
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