Download Penal Code PDF

TitlePenal Code
LanguageEnglish
File Size995.4 KB
Total Pages144
Table of Contents
                            CHAPTER 1 INTRODUCTION
CHAPTER II GENERAL EXPLANATIONS
CHAPTER III OF PUNISHMENTS
CHAPTER IV GENERAL EXCEPTIONS
CHAPTER V OF ABETMENT
CHAPTER VA CRIMINAL CONSPIRACY
CHAPTER VI OF OFFENCFS AGAINST THE STATE
CHAPTER VII OF OFFENCES RELATING TO THE ARMY, 4[NAVY AND AIR FORCE]
CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS
CHAPTER X OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
CHAPTER XI OF FALSE EVIDENCE' AND OFFENCES AGAINST PUBLIC JUSTICE
CHAPTER XII OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
CHAPTER XIII OF OFFENCES RELATING TO WEIGHTS AND MEASURES
CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,CONVENIENCE, DECENCY AND MORALS.
CHAPTER XV OF OFFENCES RELATING TO RELIGION
CHAPTER XVI A OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT
CHAPTER XVII OF OFFENCES AGAINST PROPERTY
CHAPTER XVII A OF OFFENCES RELATING TO OIL AND GAS ETC
CHAPTER XVIII OF OFFEENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS.
	Of Trade, Property and Other Marks
		478. Trade mark
		480. Using a false trade mark
		481. Using a false property mark
		482. Punishment for using a false trade-mark or property mark
		483. Counterfeiting a trade mark or property mark used by another
		484. Counterfeiting a mark used by a public servant
		485. Making or possession of any instrument for counterfeiting a trademark or property mark.
		486. Selling goods marked with a counterfeit trade mark or propertymark
CHAPTER XIX OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
CHAPTER XX OF OFFENCES RELATING TO MARRIAGE
CHAPTER XXA OF OFFENCES AGAINST WOMEN
CHAPTER XXI OF DEFAMATION
CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
CHAPTER XXIII OF ATTEMP1S TO COMMIT OFFENCES
                        
Document Text Contents
Page 1

THE PAKISTAN PENAL CODE

1Act No. XLV of 1860
[6th October, 1860]

CHAPTER 1
INTRODUCTION

Preamble. WHEREAS it is expedient to provide a general Penal Code for
2[Pakistan]; It is enacted as follows:–

1. Title and extent of operation of the Code. This Act shall be called the
3[Pakistan] Penal Code, and shall take effect 4* * * throughout 5[Pakistan].

2. Punishment of offences committed within Pakistan. Every person shall be liable to
punishment under this Code and not otherwise for every act or omission contrary to the
provisions thereof, of which he shall be guilty within 6[Pakistan] 7* * *.

1The Pakistan Penal Code has been declared in force in–

It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject
to certain modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded
Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to
be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext., dated 1-6-1951.

It has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941 and 26 of 1950.

It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and
applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.

It has also been extended by notification under Article 7 (1) (a) of the N.W.F.P. (Enlargement of the Area and Alteration of
Boundary) Order, 1952 (G. G. O. 1 of 1952), to the added area described in the First Schedule to that Order, w.e.f. 7th February, 1952,
see N.W.F.P. Government Gazette, 1952, Pt. I, p. 70.

It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan Amdt.)
Act, 1963 (W.P. Act 6 of 1963), s. 2 (w.e.f. the 18th April, 1963).

It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan Amdt.)
Act, 1964 (W.P. Act 32 of 1964), s. 2 (w.e.f. 27-4-1964).

2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f.14th October, 1955), for “the
Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”.

3Subs. by A. O., 1949, Sch., for “Indian”.

4The words and figures “on and from the first day of May, 1861,” rep. by the Amending Act, 1891 (12 of 1891).

5Certain words and figures which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4, have now been
subs. by Ord. 21 of 1960. s. 3 and 2nd Sch. (w.e.f. 14th October, 1955) to read as above.

6The original words “the said territories” which were previously amended by A. O., 1937, and A. O., 1949, Arts. 3(2) and 4,
have now been subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (w.e.f.14th October, 1955), to read as above.

7The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891.

Page 2

3. Punishment of offences committed beyond, but which by law may be
tried within Pakistan. Any persons liable, by any l[Pakistan Law], to be tried for an
offence committed beyond 2[Pakistan] shall be dealt with according to the provision of
this Code for any act committed beyond 3[Pakistan] in the same manner as if such act had
been committed within 3[Pakistan].

4[4. Extension of Code to extra territorial offences. The provisions of this
Code apply also to any offence committed by–

5[(1) any citizen of Pakistan or any person in the service of Pakistan in any place
without and beyond Pakistan];

6* * * * * * *

7* * * * * * *

8[(4) any person on any ship or aircraft registered 9[Pakistan] wherever it may be.].

Explanation. In this section the word" offence" includes every act committed
outside 9[Pakistan] which, if committed in 9[Pakistan], would be punishable under this
Code.

1The original words “Law passed by the G.G. of India in C” have successively been amended by A. O., 1937 and A. O., 1949,
Sch., to read as above.

2The original words “the limits of the said territories” have successively been amended by A. O., 1937, Sch., A. O., 1949, and
the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (w.e.f 14th October' 1955), to read as above.

3The original words “the said territories” previously amended by A. O., 1937 and A. O., 1949, Arts. 3(2) and 4, have now been

subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f 14th October, 1955), to read as above.
4Subs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 2, for the original section 4.

5Clause (1) which was amended by A. O., 1949, Ord. 21 of 1960 and A.O., 1961, have been subs. by Federal Laws (Revision
and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above.

6Clause (2) as amended by A. O., 1949 Sch., has been omitted by A. O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956).

7Clause (3) as amended by A. O., 1949 and A. O., 1961, have been omitted by Ord. 27 of 1981, s. 3 and II Sch.

8Clause (4) ins. by the Offences on Ships and Aircraft Act, 1940 (4 of 1940), s. 2.

9Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14-10-1955), for “the Provinces and the Capital of the Federation” which
had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”.

Page 72

(2) Any such stamp, die, plate, instrument or materials in the possession of any person
for making any fictitious stamp may be seized and shall be forfeited.

(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by
Government for the purpose of denoting a rate of postage or any facsimile or imitation or re-
presentation, whether on paper or otherwise, of any stamp issued by Government for that
purpose.

(4) In this section and also in sections 255 to 263, both inclusive, the word"
Government" when used in connection with, or in reference to, any stamp issued for the purpose
of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include
the person or persons authorised by law to administer executive government in any part of
l[Pakistan], and also 2* * * in any foreign country.].

______

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing. Whoever fraudulently uses
any instrument for weighing which he knows to be false, shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine, or with both.

265. Fraudulent use of false weight or measure. Whoever fraudulently uses any false
weight or false measure of length or capacity, or fraudulently uses any weight or any measure of
length or capacity as a different weight or measure from what it is, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with
both.

266. Being in possession of false weight or measure. Whoever is in possession of any
instrument for weighing, or of any weight, or of any measure of length or capacity, which he
knows to be false, and intending that the same may be fraudulently used, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with
both.

267. Making or selling false weight or measure. Whoever makes, sells or disposes of
any instrument for weighing, or any weight, or any measure of length or capacity which he knows
to be false, in order that the same may be used as true, or knowing that the same is likely to be
used as true, shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.

_____
CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,
CONVENIENCE, DECENCY AND MORALS.

268. Public nuisance. A person is guilty of a public nuisance who does any act or is
guilty of an illegal omission which causes any common

1Subs. by A.O., 1949, Sch., for “India”. .
2The words “in any part of Her Majesty’s dominions or” omitted by the Federal Laws (Revision and Declaration) Ordinance,
1981 (27 of 1981), s. 3 and II. Sch.

Page 73

injury, danger or annoyance to the public or to the people in general who dwell or occupy
property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance
to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience
or advantage.

269. Negligent act likely to spread infection of disease dangerous to life.
Whoever unlawfully or negligently does any act which is, and which he knows or has
reason to believe to be, likely to spread the infection of any disease dangerous to life,
shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine, or with both.

270. Malignant act likely to spread infection of disease dangerous to life.
Whoever malignantly does any act which is, and which he knows or has reason to believe
to be, likely to spread the infection of any disease dangerous to life, shall be punished
with imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

271. Disobedience to quarantine rule. Whoever knowingly disobeys any rule
made and promulgated l[by the 2[Federal] or any Provincial Government 3* * *] for
putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in
a state of quarantine with the shore or with other vessels, or for regulating the intercourse
between places where an infectious disease prevails and other places, shall be punished
with imprisonment of either description for a term which may extend to six months, or
with fine, or with both.

272. Adulteration of food or drink intended for sale. Whoever adulterates
any article of food or drink, so as to make such article noxious as food or drink, intending
to sell such article as food or drink, or knowing it to be likely that the same will be sold
as food or drink, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to 4[three] thousand
rupees or with both.

*273. Sale of noxious food or drink. Whoever sells, or offers or exposes for
sale, as food or drink, any article which has been rendered or has become noxious, or is in
a state unfit for food or drink, knowing or having reason to believe that the same is
noxious as food or drink, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine which may extend to 4[three] thousand
rupees, or with both.

*274. Adulteration of drugs. Whoever adulterates any drug or medical
preparation in such a manner as to lessen the efficacy or change the operation of such
drug or medical preparation, or to make it noxious, intending that it shall be sold or used
for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if
it had not undergone such adulteration, shall be punished with imprisonment of either
description for a term which may extend to
_______________________________________________________________________

1Subs A. O., 1937, for “by the G. of I or by any Govt.”.
2 Subs. by the Federal Adoptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”.
3The words “or the Crown Representative” omitted by A.O., 1949, Sch.
4Subs by ord. 86 of 02, s.2 & sch.I.
* an offence punishable under sections 273, 274, 275 & 276 of the Pakistan Penal Code will be tried and punished by Military

Court, See Notification No. 57/ 1 (1) 1943/AJAG/CMLA/82 dt. 16-11-82 (Ext. Gaz. IBD. Part-I, dt. 21-11-82 page, 1953).

Page 143

507. Criminal intimidation by an anonymous communication. Whoever commits
the offence of criminal intimidation by an anonymous communication, or having taken precaution
to conceal the name or abode of the person from whom the threat comes, shall be punished with
imprisonment of either description for a term which may extend to two years, in addition to the
punishment provided for the offence by the last preceding section.

508. Act caused by inducing person to believe that he will be rendered an object of
the Divine displeasure. Whoever voluntarily causes or attempts to cause any person to do
anything which that person is not legally bound to do or to omit to do anything which he is
legally entitled to do, by inducing or attempting to induce that person to believe that he or any
person in whom he is interested will become or will be rendered by some act of the offender an
object of Divine displeasure if he does not do the thing which it is the object of the offender to
cause him to do, or if he does the thing which it is the object of the offender to cause him to omit
shall be punished with imprisonment of either description for a term which may extend to one
year, or with fine, or with both.

Illustration
(a) A sits dhurna at Z’s door with the intention of causing it to be believed that, by so sitting,

he renders Z an object of Divine displeasure. A has committed the offence defined in this section.
(b) A threatens Z that unless Z performs a certain act, A will kill one of A’s own children

under such circumstances that the killing would be believed to render Z an object of Divine
displeasure. A has committed the offence defined in this section.

1[509. Insulting modesty or causing sexual harassment.___ Whoever,-
(i) intending to insult the modesty of any woman, utters any word,makes any sound or

gesture, or exhibits any objects, intending that such word or sound shell be heard, or
that such gesture or object shell be seen, by such woman, or intrudes upon the privacy
of such woman;

(ii) conduct sexual advances, or demand sexual favors or sues verbal or non-verbal
communication or physical conduct of a sexual nature which intends to annoy, insult,
intimateor or threaten the other person or commits such acts at the premises of
workplace, or makes submission to such conduct either explicitly or implicitly a term
or condition of an individual employment or makes submission to or rejection of such
conduct by an individual a basis for employment decision affecting such individual, or
retaliates because of rejection of such behaviour, or conduct such behaviour with the
intention of unreasonably interfering with an individual’s work performance or creating
an intimidating , hostile, or offensive working environment;

shall be punished with imprisonment which may extend to three years or with fine up to five
hundred thousand rupees or with both.

Explanation 1.__Such behaviour might occur in public place, including, but not limited to,
markets, public transport, streets or parks, or it might occur in private places including, but not
limited to workplaces, private gathering, or homes.

Explanation 2.__ Workplace means, the place of work or the premises where an
organization or employer operates, this may be a specific building, factory, open area or a larger
geographical area where the activities of the organization of carried out. Sexual advances may
occur after working horse and outside workplace. It is the access that perpetrator has to the person
being harassed by virtue of a job situation or job related functions and activities.]
1Subs. by Act I of 2010, s. 2.

Page 144

510. Misconduct in public by a drunken person. Whoever, in a state of
intoxication appears in any public place, or in any place which it is a trespass in him to
enter, and there conducts himself in such a manner as to cause annoyance to any person,
shall be punished with simple imprisonment for a term which may extend to twenty-four
hours, or with fine which may extend to 1[thirty rupees], or with both.

_________

CHAPTER XXIII
OF ATTEMP1S TO COMMIT OFFENCES

511. Punishment for attempting to commit offences punishable with
2[imprisonment for life or for a shorter term]. Whoever attempts to commit an offence
punishable by this Code with 3[imprisonment for life], or imprisonment. or to cause such
an offence to be committed, and in such attempt does any act towards the commission of
the offence, shall, where no express provision is made by this Code for the punishment of
such attempt be punished with 4[imprisonment of any description provided for the
offence, for a term which may extend to one-half of the longest term of imprisonment
provided for that offence] or with such fine 1[daman] as is provided for the offence, or
with both.

Illustrations
(a) A makes an attempt to steal some jewels by breaking open a box, and finds

after so opening the box, that there is no jewel in it. He has done an act towards the
commission of theft, and therefore is guilty under this section.

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s
pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is
guilty under this section.

__________

1Subs. by Ord. 86 of 2002, s. 2 and Sch I, for “ten rupees”.
2subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for “transportation or imprisonment”
3Subs. ibid., for “transportation”.
4Subs. ibid., for certain words.
5 Ins. by Act No. II of 1997 s. 10.

Similer Documents