Pakistan penal code 1860, Study notes of Law

Download Pakistan penal code 1860 and more Study notes Law in PDF only on Docsity! Sections COMPARATIVE CHART, AMENDMENT IN PAKINTAN PENAL CODE Existing Sections Proposed Amendment /Addition of new Section 67 Report No. 65 Imprisonment for non-payment of fine, when offence punishable with fine only.—If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple and the term for which the Court directs the offender to be imprisoned, in default of payment of fine , shall not exceed the following scale, that is to say, for any terms not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case. Imprisonment for non-payment of fine, when offence punishable with fine only.—If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple and the term for which the Court directs the offender to be imprisoned, in default of payment of fine , shall not exceed the following scale, that is to say, for any terms not exceeding two months when the amount of the fine shall not exceed five thousand rupees , and for any term not exceeding four months when the amount shall not exceed Ten thousand rupees, and for any term not exceeding six months in any other case. 143 Punishment: Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both Punishment: Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months or with fine upto Rupees one hundred thousand or with both. 167A __________ Punishment for dishonest investigation.-Whoever being a Police Officer conducts the investigation dishonestly in breach of his duties, shall be punished with imprisonment which may extend to three years, or with fine, or with both. 172A Report No.53 New Insertion proposed by LJCP (follow 21L –ATA-) “172-A Punishment for an absconder.- Whoever being accused of an offence under this Code or under any other law for the time being in force, absconds or avoids arrest or evades appearance before any inquiry or trial or court proceeding or conceals himself, and obstructs the course of justice, and against whom warrant of arrest has been issued by the court or proclamation has been published shall be liable to imprisonment for a term not exceeding three years or with fine or with both. 182 False information with intent to cause public servant to use his lawful power to the injury of another person. Whoever, gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant. a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known to him or b) to use the lawful power of such servant to the injury or annoyance of any person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to three thousand rupees or with both. c) A falsely informs a policeman that he has been assaulted and robbed in the neighborhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in Amendment in Section 182 for the Punishments the following shall be substituted:- a) seven years in case the offence in which false information is given is punishable with death; b) five years in case the offence in which false information is given is punishable with imprisonment for life; or c) One fourth of the longest term of imprisonment or with fine as is provided for the offence in which false information is given and such offence is not covered under clause (a) or clause (b). (already introduced in the National Assembly) consequence of their information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section. 203 Report No-114 Giving false information respecting an offence committed.—Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. Explanation. In sections 201 and 202 and in the section the word offence” includes any act committed at any place out of Pakistan, which if committed in Pakistan would be punishable under of the following sections namely 302, 304, 382,392,394,395,396,397,398,399, 402,435,436,449,450,457,458,459, and 460 Amendment of Section 203, for the figure “304” the figure “308” shall be substituted. 212 Report No-114 Harboring offender.-Offence in this Section includes any act committed at any place out of Pakistan, which if committed in Pakistan, would be punishable under any of the following sections, namely 302, 304, 382, 392, 393, 395 396,397,398,399,402,435,436,449,450,457,458,459 and 460 and every such act shall, for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Pakistan. Amendment of Section 212, for the figure “304” the figure “308” shall be substituted. 344-A New Insertion Dropped by LRC. Punishment for wrongful confinement by a Police Officer or official:- Whoever being a police officer or official wrongfully confines may person shall be punished with imprisonment of either description for a term which may extend for seven years and shall also be liable to fine. 354-B Report No. 42 New Insertion Dropped by LRC. Section 354-B Molestation with sexual motive .—Whoever with sexual motive resorts to act of foundling, stroking, caressing, pornography, exhibitationism or inducing or intimidating any person, with or without his knowledge, to submit for such act, shall be punished with imprisonment of either description for a terms which may extend to seven years or with fine or with both. 373-A Report No. 41 New Insertion already done in the Child Protection Bill. Section 373-A Trafficking in Children for employment in dangerous, hazardous occupations.— Whoever sells, byes, permits or causes to sell or buy, removes, exports, traffics in, or otherwise disposes of any person under the age of fourteen years, with intent that such person shall at any stage be employed, or used as camel jockey or for the purpose which is injurious or hazardous to life shall be punished with imprisonment of either description for a terms which may extend to seven years or with fine or with both. 379 379. Punishment for theft. 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. 379. Punishment for theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 381B Dropped 381B Theft of cattle:- Whoever commits theft of a cattle shall be punished with imprisonment of either description from a term which may extend to seven years and with fine which shall not be less than twice the value of the stolen cattle payable to the owner or his heirs, as the case maybe as compensation. Sections 400, 401 and 402 Punishment for belonging to gang to gang of dacoits.-Whoever, at any time after the passing of this Act, shall belong to gang of persons associate for the purpose of habitually committing dacoity, theft or robbery punish with rigorous imprisonment Amendment of Sections 400, 401 and 402, in sections 400, 401 and 402 of PPC, the Commas and words “at any time after the passing of this Act, shall be omitted Section 489-F Report No. 107 Dishonestly issuing a cheque.- Whoever dishonestly issues a cheque towards re- payment of a loan or fulfillment of an obligation which is dishonored on presentation, shall be punishable with imprisonment which may extend to three years or with fine or with both, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honored and that the bank was at fault in not honoring the cheque. Addition in proviso in Section 489-F Provided that nothing contained in this section shall apply unless………. (a) the payee or the holder of the cheque, as the case may be, makes a demand for the payment of said amount by giving a written notice to the drawer; and (b) the drawer of the cheque fails to make payment of such amount to the payee or to the holder, as the case may be, within 10 days of receipt of said notice Amendment in Section 182 of Pakistan Penal Code. 182 False information with intent to cause public servant to use his lawful power to the injury of another person. Whoever, gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant. a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known to him or b) to use the lawful power of such servant to the injury or annoyance of any person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to three thousand rupees or with both. c) A falsely informs a policeman that he has been assaulted and robbed in the neighborhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of their information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section. Amendment in Section 182 for the Punishments the following shall be substituted:- a) seven years in case the offence in which false information is given is punishable with death; b) five years in case the offence in which false information is given is punishable with imprisonment for life; or c) One fourth of the longest term of imprisonment or with fine as is provided for the offence in which false information is given and such offence is not covered under clause (a) or clause (b). (already introduced in the National Assembly)