Field Guide PDF

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THE PROSECUTOR’S
FIELD GUIDE
A GUIDE TO EFFECTIVE PROSECUTION
ASHTAR AUSAF ALI
© PAKISTAN LAW HOUSE 2012

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GOVERNMENT OF THE PUNJAB CRIMINAL PROSECUTION

SERVICE FIELD GUIDE
INTRODUCTION
The prosecutor is the chief legal representative of the State, and a "minister of
justice". The prosecutor's principal role is to assist the court to arrive at the truth
and to do justice between the community and the accused according to law and
the dictates of fairness.
It can be said that a prosecutor is not entitled to act as if representing private

interests in litigation. A prosecutor represents the community and not any
individual or sectional interest. A prosecutor acts independently, yet in the general
public interest.
In all criminal proceedings, it is the responsibility of the Prosecutor to establish

an offence beyond all reasonable doubt and prove. Broadly speaking, there are
two elements of every offence. The actus reus and the mens rea.
Actus reus, sometimes called the external element or the objective element of a
crime, is the Latin term for the "guilty act". In other words actus reus is the
physical act of commission of an offence.
Mens rea is Latin for "guilty mind". It encompasses the intention of (or
recklessness in) the commission of an offence. It is an accepted position of our
jurisdiction that "the act does not make a person guilty unless the mind is also
guilty".
An effort has been made to arm the prosecutors with a reference of all the
important sections in the Pakistan Penal Code, 1860.The document lists the
individual sections followed by an explanation of the elements that need to be
individually proved by the prosecutor in order to establish the commission of an
offence under that section.
In other words, this Field Guide is in the nature of a ready reckoner for
prosecutors.
I may add that this effort would not have been possible but for the the hard work
and commitment shown by Khawaja Inam-ul-Haq, Manaal Malik, Nida Aftab,
and Aisha Mir.
Ashtar Ausaf Ali

(Advocate General Punjab)
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Section. Page
Sr. No. Section
No. No.
1. Introduction
PAKISTAN PENAL CODE, 1860
GENERAL EXPLANATION
2. 34 Acts done by several persons In furtherance of
common intention.
OFFENCES OF ABETMENT
3. 109 Punishment of abetment if the Act abetted
committed In consequence and where no express
provision is made for its punishment:
OFFENCES AGAINST THE
STATE
4. 121 Waging or attempting to wage war or abetting
waging of war against Pakistan.
5. 121-A Conspiracy to commit offences punishable by
Section 121.
6. 122 Collecting arms, etc., with intention of waging war
against Pakistan.
7. 123 Concealing with intent to facilitate design to wage
war.
8. 124 Assaulting President, Governor, etc., with
intention to compel or restrain the exercise of any
lawful power.
9. 124-A Sedition.
OFFENCES AGAINST
PUBLIC TRANQUILITY
10. 141 Unlawful assembly.
11. 146 Rioting.
12. 148 Rioting, armed with deadly weapon.
13. 149 Every member of unlawful assembly guilty of
offence committed in prosecution of common
object.
14. 159 Affray.
OFFENCES
BY OR RELATING TO PUBLIC SERVANTS
15. 161 Public servant taking gratification other than legal
remuneration in respect to an official act.
16. 162 Taking gratification, in order by corrupt or illegal
means to influence public servant.
17. 165 Public servant obtaining valuable thing, without
consideration from person concerned in
proceeding or business transacted by such public
servant.
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18. 167 Public servant framing an incorrect document with

intent to cause injury.
19. 171 Wearing garb or carrying token used by public
servant with fraudulent intent.
OFFENCES AGAINST
PUBLIC JUSTICE AND FALSE EVIDENCE
20. 191 Giving false evidence.
21. 192 Fabricating false evidence.
22. 194 Giving or fabricating false evidence with intent to
procure conviction of capital offence
23. 196 Using evidence known to be false
24. 197` Issuing or signing false certificate
25. 198 Using as true a certificate known to be false
26. 212 Harbouring offender
OFFENCES AFFECTING
PUBLIC HEALTH, SAFETY, CONVENIENCE,
AND MORALS
27. 217 Public servant disobeying direction of law with
intent to save persons from punishment or property
from forfeiture.
28. 218 Public servant framing incorrect record or writing
with intent to save person from punishment or
property from forfeiture.
29. 268 Public nuisance.
30. 269 Negligent act likely to spread infection of disease
dangerous to life.
31. 279 Rash driving or riding on a public way.
OFFENCES RELATING TO
RELIGION
32. 295 Injuring or defiling place of worship, with Intent to
insult the religion of any class.
33. 295-A Deliberate and malicious acts intended to outrage
religious feelings of any class by insulting Its
religion or religious beliefs.
34. 295-B Defiling, etc., of Holy Qur'an.
35. 295-C Use of derogatory remarks, etc., in respect of the
Holy Prophet.
36. 296 Disturbing religious assembly.
37. 297 Trespassing on burial places, etc.
OFFENCES AFFECTING
HUMAN BODY
38. 300 Qatl-e-Amd.
39. 315 Qatl shibh-i-amd.
40. 318 Qatl-i-khata.
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41. 321 Qatl-bis-sabab.

42. 324 Attempt to commit qatl-i-amd.
43. 325 Attempt to commit suicide.
44. 332 Hurt.
45. 337 Shajjah.
46. 337-BJurh.
47. 337-CJaifah.
48. 337-EGhayr-jaifah.
49. 337-HPunishment for hurt by rash or negligent act.
50. 337-JCausing hurt by mean of a poison.
51. 337-KCausing hurt to extort confession, or to compel
restoration of property.
52. 338 Isqat-i-Hamal.
OFFENCES OF
WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT
53. 339 Wrongful restraint.
54. 340 Wrongful confinement.
55. 350 Criminal force.
56. 351 Assault.
57. 354 Assault or criminal force to woman with intent to
outrage her modesty.
58. 359 Kidnapping.
59. 360 Kidnapping from Pakistan, etc.
60. 361 Kidnapping from lawful guardianship.
61. 362 Abduction.
62. 364 Kidnapping or abducting in order to murder.
63. 364-A Kidnapping or abducting a person under the [age
of fourteen].
64. 365 Kidnapping or abducting with intent secretly and
wrongfully to confine person.
65. 365-A Kidnapping or abducting for extorting property,
valuable security, etc.
66. 365-B Kidnapping, abducting or inducing woman to
compel for marriage etc.
67. 366-A Procuration of minor girl.
68. 366-B Importation of girl from foreign country.
69. 368 Wrongfully concealing or keeping in confinement,
kidnapped or abducted person.
70. 369 Kidnapping or abducting child under ten years
with intent to steal from its person.
71. 371 Habitual dealing in slaves.
72. 371-A Selling person for purposes of prostitution, etc.
73. 375 Rape.
74. 377 Unnatural offences:
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OFFENCES AGAINST
PROPERTY
75. 378 Theft.
76. 381 Theft by clerk or servant or property in possession
of master.
77. 381-A Theft of a car or other motor vehicles.
78. 383 Extortion.
79. 385 Putting person in fear of injury in order to commit
extortion:
80. 386 Extortion by putting a person in fear of death or
grievous hurt:
81. 391 Dacoity.
82. 394 Voluntarily causing hurt in committing robbery.
83. 396 Dacoity with murder.
84. 402 Assembling for purpose of committing dacoity:
85. 405 Criminal breach of trust.
86. 407 Criminal breach of trust by carrier, etc.
87. 408 Criminal breach of trust by clerk or servant.
88. 409 Criminal breach of trust by public servant, or by
banker, merchant or agent.
89. 411 Dishonestly receiving stolen property.
90. 412 Dishonestly receiving stolen property in the
commission of a dacoity:
91. 414 Assisting in concealment of stolen property.
92. 415 Cheating.
93. 418 Cheating with knowledge that wrongful loss may
ensue to person whose interest offender is bound
to protect.
94. 420 Cheating and dishonestly Inducing delivery of
property.
95. 421 Dishonest or fraudulent removal or concealment.
Of property to prevent distribution among
creditors.
96. 422 Dishonestly or fraudulently preventing debt being
available for creditors.
97. 423 Dishonest or fraudulent execution of deed of
transfer containing false statement of
consideration.
98. 425 Mischief.
99. 430 Mischief by injury to works of irrigation or by
wrongfully diverting water:
100. 431 Mischief by injury to public road, bridge, river or
channel.
101. 440 Mischief committed after preparation made for
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causing death or hurt.

102. 441 Criminal trespass.
103. 442 House-trespass.
104. 443 Lurking house-trespass.
105. 460 Persons jointly concerned in lurking house-
trespass or house-breaking by night punishable for
qatl or hurt caused by one of them.
DOCUMENTS ANDTO TRADE OR PROPERTY MARKS
106. 463 Forgery.
107. 468 Forgery for purpose of cheating.
108. 471 Using as genuine a forged document.
109. 477-A Falsification of accounts.
110. 489-A Counterfeiting currency-notes or bank-notes.
111. 489-B Using as genuine, forged or counterfeit currency-
notes or bank-notes.
112. 489-C Possession of forged or counterfeit currency-notes
or bank-notes.
113. 489-D Making or possessing instruments or materials for
forging or counterfeiting currency-notes or bank-
notes.
114. 489-E Making or using documents resembling currency-
notes or bank-notes.
115. 489-F Dishonestly issuing a cheque.
OFFENCES OF
CRIMINAL BREACH OF CONTRACTS OF SERVICE
116. 491 Breach of contract to attend on any supply wants
of helpless person.
MARRIAGE
117. 493-A Cohabitation caused by a man deceitfully inducing
a belief of lawful marriage.
118. 494 Marrying again during lifetime of husband or wife.
119. 496 Marriage ceremony fraudulently gone through
without lawful marriage.
120. 496-A Enticing or taking away or detaining with criminal
intent a woman.
121. 496-B Fornication.
OFFENCES OF
DEFAMATION
122. 499 Defamation.
OFFENCES OF
CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
123. 503 Criminal Intimidation.
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124. 504 Intentional insult with intent to provoke breach of

the peace.
125. 509 Word, gesture or act intended to insult the modesty
of a woman.
ANTI-TERRORISM ACT, 1997
126. 6 Terrorism.
ACTS INTENDED OR LIKELY TO STIR UP
SECTARIAN HATRED
127. 8 Prohibition of acts intended or likely to stir up
sectarian hatred.
OFFENCES IN RESPECT OF
PROSCRIBED ORGANIZATIONS
128. 11-F Membership, support and meetings relating to a
Proscribed Organization.
129. 11-G Uniform.
FUND RAISING FOR TERRORISM
130. 11-H Fund raising for terrorism.
131. 11-I Use and possession.
132. 11-J Funding Arrangements.
MONEY-LAUNDERING OF
TERRORIST PROPERTY
133. 11-K Money-laundering.
DIRECTING TERRORIST ACTIVITIES
134. 11-V Directing terrorist activities.
135. 11-W Printing, publishing, or disseminating any material
to incite hatred or
giving Projection to any person convicted for a
terrorist act or any prescribed
Organization or placed under observation or
anyone concerned in terrorism.
RESPONSIBILITY FOR CREATING
CIVIL COMMOTION
136. 11-X Responsibility for creating civil commotion.
DISCLOSUER ABOUT OR INTERFERENCE WITH
TERRORIST INVESTIGATION
137. 21-A(6) Cordons for Terrorist Investigation.
TRAINING IN
WEAPONS AND TERRORISM
138. 21-C Training in terrorism.
AIDING, ABETTING AND
HARBOURING
139. 21-I Aid and abetment.
140. 21-J Harbouring.
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ABSCONDER
141. 21L Punishment for an absconder.
DEFECTIVE INVESTIGATION
142. 27 Punishment for defective investigation.
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2. Section 34 of the Pakistan Penal Code,1860
Acts done by several persons In furtherance of common intention.
When a criminal act is done by several persons, in furtherance of the

common intention of all, each such person is liable for that act in the same
manner as if it were done by him alone.
Basic ingredients to be proved:

 That a criminal act was committed by the actual participation of more
than one person.
 That the said act is done in furtherance of common intention of all
engaged after prior concert.
 That in furtherance of common object the criminal act was done.
Punishment of abetment if the Act abetted committed In consequence and

where no express provision is made for its punishment:
Whoever abets any offence shall, if the act abetted is committed in

consequence of the abetment, and no express provision is made by this Code,
for the punishment of such abetment, be punished with the punishment
provided for the offence

 There must be abetment of an offence punishable under the Penal
Code.
 The act abetted must have been committed in consequence of it, and
 There must be no express provision in the Code for the punishment of
such abetment.
Waging or attempting to wage war or abetting waging of war against

Pakistan:
Whoever wages war against Pakistan, or attempts to wage such war, or

abets the waging of such war, shall be punished with death, or
imprisonment for life and shall also be liable to fine.
 The accused
o Waged; or
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o attempted to wage war;

o or abetted the waging of war.
 Such waging of war or attempt or abetment must be against Pakistan.
5. Section 121-A of the Pakistan Penal Code,1860
Conspiracy to commit offences punishable by Section 121:
“whoever within or without Pakistan conspires to commit any of the

offences punishable by section 121, or to deprive Pakistan of the
sovereignty of her territories or of any part thereof, conspires to overawe,
by means of criminal force or the show of criminal force the Central
Government or any Provisional Government, shall be punished with
imprisonment for life or any shorter term, or with imprisonment of either
description which may extend to ten years, and shall also be liable to
fine.”

 There must be criminal conspiracy
 within or without Pakistan
 To
o Deprive Pakistan of the sovereignty of her territories or any part
thereof; or
o Overawe the Central Government or Provincial Government by
means of criminal force; or
o Overawe the Central Government or Provincial Government by
the show of criminal force.
Collecting arms, etc., with intention of waging war against Pakistan:
Whoever collects men, arms or ammunition or otherwise prepares to wage

war with the intention of either waging or being prepared to wage war
against Pakistan, shall be punished with imprisonment for life or
imprisonment of either description for a term not exceeding ten years, and
shall also be liable to fine.

 The accused collected
o Men; or
o Arms; or
o Ammunition of Pakistan.
 The intention in doing so is to wage war against the Government.
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7. Section 123 of the Pakistan Penal Code ,1860
Concealing with intent to facilitate design to wage war:
Whoever, by any act, or by any illegal omission, conceals the existence of

a design to wage war against Pakistan, intending by such concealment to
facilitate or knowing it to be likely that such concealment will facilitate
the waging of such war, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine.
 That a design to wage war against the Government of Pakistan exists in

fact.
 That the accused knew of such design.
 That he concealed the design by any act or by omission.
 The concealment was intended to facilitate the design to wage war.
Assaulting President, Governor, etc., with intention to compel or restrain

the exercise of any lawful power:
Whoever, with the intention of inducing or compelling the President of

Pakistan, or the Governor of any Province, to exercise or refrain from
exercising in any manner the lawful powers of the President, or Governor,
assaults, or wrongfully restrains, or attempts wrongfully to restrain or
overawes, by means of criminal force or the show of criminal force, or
attempts so to overawe, the President, or Governor, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
 The person assaulted was the President of the Pakistan or the Governor of
a province.
 The accused assaulted or attempted to assault such person ; or
 Wrongfully restrained or attempted to restrain such person; or
 Used criminal force or show of criminal force.
 The accused did so with the intention of inducing or compelling the
President or the Governor, as the case may be, to exercise or refrain
from exercising any of their lawful powers.
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Sedition:
Whoever by words, either spoken or written, or by signs, or by visible
representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards, the
Federal or Provincial Government established by law shall be punished
with imprisonment for life to which fine may be added, or with
imprisonment which may extend to three years, to which fine may be
added, or with fine.
 The accused spoke or wrote words or made signs or visible

representation, or committed similar acts so as to,
 Bring or attempt to bring into hatred or contempt or excite or attempt to
excite disaffection.
 All such acts committed by the accused were directed against the Federal
or Provincial Government established by the law in Pakistan.
Unlawful assembly:
An assembly of five or more persons is designated an "unlawful
assembly" if the common object of the persons composing that assembly
is:-
First : To overawe by criminal force, or show of criminal force, the Federal

or any Provincial Government or Legislature, or any public servant in
the exercise of the lawful power of such public servant; or
Second: To resist the execution of any law, or of any legal process, or
Third : To commit any mischief or criminal trespass, or other offence; or
Fourth: By means of criminal force, or show of criminal force, to any person to

take or obtain possession of any property, or to deprive any person of
the enjoyment of a right of way, or of the use of water or other
incorporeal right of which he is in possession or enjoyment, or to
enforce any right or supposed right; or
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Fifth : By means of criminal force, or show of criminal force, to compel any

person to do what he is not legally bound to do, or to omit to do what
he is legally entitled to do.
 The assembly consisted of five or more persons.

 The object of the assembly (persons constitutions it being) one of
the five objects mentioned in section 141;
a. To overawe Federal, Provincial Government, Legislature or
public by use of or show of criminal force.
b. To resist any legal process.
c. To commit offence.
d. To interfere by use or show of criminal force, with lawful
property rights.
 Such object was common to all the members assembled.
 The accused joined or continued the said assembly;
 He committed so being aware of the above facts.
11. Section 146 of the Pakistan Penal Code, 1860
Rioting:
“Whenever force or violence is used by an unlawful assembly, or by any
member thereof, in prosecution of the common object of such assembly,
every member of such assembly is guilty of the offence of rioting”.
 Use of force or violence by an unlawful assembly results in the offence of

Rioting.
Rioting, armed with deadly weapon:
Whoever is guilty of rioting, being armed with a deadly weapon or with

anything which, used as a weapon of offence, is likely to cause death, shall
be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
 Five or more persons assembled to constitute an unlawful assembly.
 The members of such assembly used force or violence.
 The accused was a member of that unlawful assembly.
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 In prosecution of the common object, the unlawful assembly used

force or violence.
 The accused was armed with a deadly weapon or with a weapon of
offence likely to cause death.
Every member of unlawful assembly guilty of offence committed in

prosecution of common object:
“If an offence is committed by any member of an unlawful assembly in

prosecution of the common object of that assembly, or such as the
members of that assembly knew to be likely to be committed in
prosecution of that object, every person who, at the time of the
committing of that offence, is a member of the same assembly, is guilty
of that offence”.
 Commission of an offense by any member of an unlawful assembly.

 Such offence must have been committed in prosecution of the common
object of that assembly; or
 Must be such as the members of that assembly knew to be likely to be
committed.
Affray:
When two or more persons, by fighting in a public place, disturb the
public peace, they are said to commit an affray.
 There must be two or more persons.

 They must be fighting in a public place.
 The fight must disturb the public peace.
Public servant taking gratification other than legal remuneration in

respect to an official act:
Whoever, being or expecting to be a public servant, accepts or obtains,

agrees to accept, or attempts to obtain from any person, for himself or
for any other person, any gratification whatever, other than legal
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remuneration, as a motive or reward for doing or forbearing to do any

official act or for showing or forbearing to show, in the exercise of his
official functions, favor or disfavor to any person, or for rendering or
attempting to render any service or disservice to any person, with the
Central, or any Provincial Government or Legislature or with any public
servant, as such, shall be punished with imprisonment of either
description for a term which may extend to three years or with fine or
with both.
 At the time of commission of the offence the accused was or was

expected to be a public servant.
 He accepted or agreed to accept a bribe or gratification.
 Such bribe or gratification was not a legal remuneration to him.
 He accepted that gratification as a motive or reward for one of the
following purposes:
o doing or forbearing from doing an official; and
o showing or forbear from showing favor or for showing disfavor
for some one in the exercise of the official position;
o rendering or attempting to render any service or disservice to
some one connected with the Central Government or Provincial
Government or Legislature or any public servant.
Taking gratification, in order by corrupt or illegal means to influence

public servant:
Whoever accepts or obtains, or agrees to accept, or attempts to obtain from

any person, for himself or for any other person, any gratification whatever as
a motive or reward for inducing, by corrupt or illegal means, any public
servant to do or to forbear to do any official act, or in the exercise of the
official functions of such public servant to show favor or disfavor to any
person, or to render or attempt to render any service or disservice to any
person with any public servant, as such, shall be punished with
imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
 The accused accepted or agreed to accept, obtained or attempted to

obtain for himself or any one on his behalf, gratification.
 The gratification must be as a motive or reward to induce a public
servant:
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o to do an act in his favor or disfavor; or

o to show in exercise of official functions, favor or disfavor; or
o render or attempt to render any service or disservice to any
public servant as such
 Corrupt of illegal means must be used.
Public servant obtaining valuable thing, without consideration from

person concerned in proceeding or business transacted by such public
servant:
Whoever, being a public servant, accepts or obtains, or agrees to accept or

attempts to obtain, for himself, or for any other person, any valuable thing
without consideration, or for a consideration which he knows to be
inadequate, from any person whom he knows to have been, or to be, or to be
likely to be concerned in any proceeding or business transacted or about to
be transacted by such public servant, or having any connection with the
official functions of himself or of any public servant to whom he is
subordinate, or from any person whom he knows to be interested in or
related to the person so concerned, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or
with both.
 The accused was a public servant at the time of commission of the

offence.
 He accepted or agreed to accept or attempted to obtain for himself or
some one else a valuable thing.
 He did not give any consideration for such valuable thing, or gives a
consideration known to be inadequate.
 The gratification from whom a person accepted the valuable thing for
which adequate consideration is not paid.
 From any person whom the accused knew or concerned himself in any
proceeding or business transacted by a public servant or about to be
transected by a public servant or having connection with the official
functions of himself or any other public servant to whom he is
subordinate or from any person whom he knows to be interested to the
person concerned.
Public servant framing an incorrect document with intent to cause injury:

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Whoever, being a public servant, and being, as such public servant, charged
with the preparation or translation of any document, frames or translates that
document in a manner which he knows or believes to be incorrect, intending
thereby to cause or knowing it to be likely that he may thereby cause injury
to any person, shall be punished with imprisonment of either description for
a term which may extend to three years, or with fine, or with both.
 The accused must be a public servant.

 He must have been entrusted with the preparation or translation of a
document.
 He must have framed or translated it incorrectly.
 He must have committed so with intent or knowledge that it would
cause or likely to cause an injury.
Wearing garb or carrying token used by public servant with fraudulent

intent:
Whoever, not belonging to a certain class of public servants, wears any garb
or carries any token resembling any garb or token used by that class of
public servants, with the intention that it may be believed, or with the
knowledge that it is likely to be believed, that he belongs to that class of
public servants, shall be punished with imprisonment of either description,
for a term which may extend to three months, or with fine which may extend
to [six hundred rupees], or with both.
 The accused wore a garb or carried a token used by certain classes of

persons.
 He did not belong to that class of public servant and was not entitled
to wear such garb or token.
 He wore such garb or token with the intention or knowledge that it
was likely to be believed that he is a public servant belonging to that
class.
Giving false evidence:

“Whoever being legally bound by an oath or by an express provision of
law to state the truth, or being bound by law to make a declaration upon
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any subject, makes any statement which is false, and which he either
knows or believes to be false or does not believe to be true, is said to
give false evidence”.
 person legally bound to state the truth

o by an oath; or
o by an express provision of law; or
o to make a declaration upon any subject
 He must make a false statement; and
 He must know or believe it to be false, or must not believe it to be true.
21. Section 192 of the Pakistan Penal code,1860
Fabricating false evidence:

Whoever causes any circumstance to exist or makes any false entry in
any book or record, or makes any document containing a false statement,
intending that such circumstance, false entry or false statement may
appear in evidence in a judicial proceeding, or in a proceeding taken by
law before a public servant as such, or before an arbitrator, and that such
circumstance, false entry or false statement, so appearing in evidence,
may cause any person who in such proceeding is to form an opinion
upon the evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding, is said to fabricate false
evidence.
 Causing any circumstances to exit, or making

o Any false entry in a book or record, or
o A document containing a false statement.
 That such circumstance, false entry, or false statement must have been
intended to appear in evidence in
o a judicial proceeding, or
o a proceeding taken by law before a public servant or an
arbitrator.
 That such circumstance, false entry or false statement so appearing in
evidence, might cause any person, who in such proceeding, is to form
an opinion upon the evidence, to entertain an erroneous opinion.
 The formation of opinion should be touching any point material to the
result of such proceeding.

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Giving or fabricating false evidence with intent to procure conviction of

capital offence:
Whoever gives or fabricates false evidence, intending thereby to cause, or

knowing it to be likely that he will thereby cause any person to be convicted
on an offence which is capital by any law for the time being in force, shall be
punished with imprisonment for life, or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine; if
innocent person be thereby convicted and executed : and if an innocent
person be convicted and executed in consequence of such false evidence the
person who gives such false evidence shall be punished either with death or
the punishment hereinbefore described.
First clause
 That the accused in giving or fabricating false evidence
intended thereby to cause or knew that it was likely to
cause the person in question to be convicted of a capital
offence.
Second clause
 The capital sentence passed was carried into effect.
 The person executed was innocent.
Using evidence known to be false:
Whoever corruptly uses or attempts to use as true or genuine evidence, any

evidence which he knows to be false or fabricated, shall be punished in the
same manner as if he gave or fabricated false evidence.
 The accused used or attempted to use evidence.

 Such evidence was known to be false or fabricated.
 Such evidence was used or attempted to be used as true or genuine
evidence.
 He used or attempted to use such evidence corruptly.
isuing or signing false certificate:

23
Whoever issues or signs any certificate required by law to be given or

signed, or relating to any fact of which such certificate is by law admissible
in evidence, knowing or believing that such certificate is false in any
material point, shall be punished in the same manner as if he gave false
evidence.
 A certificate was issued or signed by the accused.

 Such certificate issued was required by law to be signed or giving
and related to an admissible fact.
 Accused knew that such certificate was false or believed, to be false
in any material point.
Using as true a certificate known to be false:
Whoever corruptly uses or attempts to use any such certificate as a true

certificate, knowing the same to be false in any material point, shall be
punished in the same manner as if he gave false evidence.
 A false certificate was issued, fulfilling the ingredients of section 197.

 The accused used such certificate as true knowing it to be false in a
material point, or attempted so to use it.
 He did so corruptly.
Harbouring offender:
Whenever an offence has been committed, whoever harbours or conceals a

person whom he knows or has reason to believe to be the offender, with the
intention of screening him from legal punishment,
if a capital offence:
shall, if the offence is punishable with death, be punished with imprisonment

of either description for a term which may extend to five years, and shall
also be liable to fine,
if punishable with imprisonment for life, or with imprisonment:
and if the offence is punishable with imprisonment for life or with

24
imprisonment which may extend to ten years, shall be punished with

years, and shall also be liable to fine, and if the offence is punishable with
imprisonment which may extend to one year, and not to ten years, shall be
punished with imprisonment of the description provided for the offence for a
term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.
 An offence was committed by the offender (person harboured).

 Such offence was,
o Punishable with death; or
o Imprisonment for life or with imprisonment which may be
extended to ten years; or
o With imprisonment which may extend to one years.
 The accused harboured or concealed the offender knowing or having
reason to believe that he committed the offence; and
 The accused thereby intended to screen the offender from punishment.
Public servant disobeying direction of law with intent to save persons from
punishment or property from forfeiture:
Whoever, being a public servant, knowingly disobeys any direction of the

law as to the way in which he is to conduct himself as such public servant,
intending thereby to save or knowing it to be likely that he will thereby save,
any person from legal punishment, or subject him to a less punishment than
that to which he is liable, or with intent to save, or knowing that he is likely
thereby to save, any property from forfeiture or any charge to which it is
liable by law, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.

 The accused was a public servant.
 Directions had been issued regarding his conduct as a public servant.
 He disobeyed such directions knowing that such directions had been
issued.
 He did so intending or knowing that thereby it was likely to save any
person from legal punishment or subject to a lesser punishment.

25
Public servant framing incorrect record or writing with intent to save

person from punishment or property from forfeiture:
Whoever, being a public servant, and being as such public servant, charged
with the preparation of any record or other writing, frames that record 'or
writing-in a manner which he knows to be incorrect, with intent to cause, or
knowing it to be likely that he will thereby cause, loss or injury to the public
or to any person, or with intent thereby to save, or knowing it to be likely
that he will thereby save any person from legal punishment, or with intent to
save, or knowing that he is likely thereby to save, any property from
forfeiture or other charge to which it is liable by law, shall be punished with
years, or with fine or with both.

 That the accused was a public servant.
 That he was charged with the preparation of any record or writing in
his capacity as such public servant.
 That he framed the record or writing in correctly.
 That he then knew that his framing that record or writing was in an
incorrect manner.
 That it was done with the intention or knowledge that he will thereby:
o Cause loss or injury to any person; or
o Save any person from punishment; or
o Save some property from forfeiture or charge.
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 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.
 Person did an act or is guilty of an illegal omission.

 Such act or omission caused;
o Common injury,
o Danger; or
o Annoyance to people in general who live in that particular
locality causing annoyance or injury or obstruction to users of
the public right.
26
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.
 The disease in question was infectious and dangerous to life.

 The accused did an act which was likely to spread infection of the
disease.
 The accused did the act unlawfully or negligently.
 He knew or had reason to believe that his act was likely to spread
infection of the disease.
Rash driving or riding on a public way:

Whoever drives any vehicle, or rides, on any public way in a manner so
rash or negligent as to endanger human life, or to be likely to cause hurt
or injury to any other person, shall be punished with imprisonment of
either description for a term which may extend to [two years] or with
fine which may extend to [three thousand rupees] or with both.
 The accused was driving a vehicle or was riding.

 He was driving or riding on a public High Way.
 He was driving or riding rashly or negligently.
 The riding or driving endangered human life or was such as to be likely to
cause hurt or injury.
Injuring or defiling place of worship, with Intent to insult the religion of

any class:
Whoever destroys, damages or defiles any place of worship, or any object

held sacred by any class of persons with the intention of thereby insulting the
religion of any class of persons or with the knowledge that any class of
27
persons is likely to consider such destruction damage or defilement as an

insult to their religion. shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.
 The place in question was one of worship or that the object was held
sacred.
 It was held sacred by a class of persons.
 The accused destroyed, damaged or defiled such place or object.
 He did so,
o With the intention of insulting the religion of a class of persons;
or
o With the knowledge that any class of persons is likely to
consider such destruction, damage or defilement as an insult to
their religion.
Deliberate and malicious acts intended to outrage religious feelings of any

class by insulting Its religion or religious beliefs:
Whoever, with deliberate and malicious intention of outraging the 'religious

feelings of any class of the citizens of Pakistan, by words, either spoken or
written, or by visible representations insults the religion or the religious
beliefs of that class, shall be punished with imprisonment of either
description for a term which may extend to ten years, or with fine, or with
both.
 The accused spoke or wrote the words or made visible representations.

 He thereby insulted or attempted to insult the religion or the religious
belief of a class of persons.
 He did so,
o with a deliberate and malicious intention of outraging the
religious feelings of that class.
34. Section 295-B of the Pakistan Penal Code,1860
Defiling, etc., of Holy Qur'an:
Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur'an

28
or of an extract there from or uses it in any derogatory manner or for any

unlawful purpose shall be punishable with imprisonment for life.
 The accused willfully defiled, damaged or desecrated a copy of the

Holy Qur’an; or.
 Extracted; or
 Used it any derogatory manner or for any unlawful purpose.
35. Section 295-C of the Pakistan Penal Code,1860
Use of derogatory remarks, etc., in respect of the Holy Prophet:
Whoever by words, either spoken or written, or by visible representation or

by any imputation, innuendo, or insinuation, directly or indirectly, defiles the
sacred name of the Holy Prophet Muhammad (peace be upon him) shall be
punished with death, or imprisonment for life, and shall also be liable to fine .
 Whoever by
o words (either spoken or written); or
o visible representation; or
o imputation; or
o innuendo; or
o insinuation
 Directly or Indirectly
 Defiles the sacred name of the Holy Prophet (peace be upon him)
Disturbing religious assembly:
Whoever voluntarily causes disturbance to any assembly lawfully engaged in

the performance of religious worship, or religious ceremonies, shall be
punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
 There was an assembly.

29
 Such assembly was engaged in the performance of religious worship

or religious ceremonies.
 The assembly was lawful.
 The accused caused disturbance to such an assembly when engaged
in religious worship.
 The accused did so voluntarily.
Trespassing on burial places, etc.:
Whoever, with the intention of wounding the feelings of any person, or of

insulting the religion of any person, or with the knowledge that the feelings
of any person are likely to be wounded, or that the religion of any person is
likely to be insulted thereby, commits any trespass in any place of worship or
on any place of sculpture, or any place set apart for the performance of
funeral rites or as a, depository for the remains of the dead, or offers any
indignity to any human corpse or causes disturbance to any persons
assembled for the performance of funeral ceremonies, shall be punished with
imprisonment of either description for a term which may extend to one year,
or with fine, or with both.
 The accused,
o Committed trespass on a place or offered indignity to a human
corpse;
o Caused disturbance to the person assembled for funeral
ceremonies.
 The place trespassed was a place of worship or sepulchre or was a place
set apart for the performing of funeral rites or as a depository for the
remains of the dead.
 He did so,
o With the intention of wounding the feelings of some person or
of insulting the religion of some person; or
o With the knowledge that the feelings of some person are likely
to be wounded or the religion of some persons was likely to be
insulted.
Qatl-i-Amd:
“Whoever, with the intention of causing death or with the intention of
causing bodily injury to a person, by doing an act which in the ordinary
course of nature is likely to cause death, or with-the knowledge that his
30
act is so imminently dangerous that it must in all probability cause death,

causes the death of such person, is said to commit Qatl-e-Amd”
 Causes death of a person.

 By doing an act which is likely to cause death in the ordinary course of
nature
 With:-
o the intention of causing death; or
o the intention of causing bodily injury; or
o the knowledge that his act is so imminently dangerous that it
must in all probability cause death.
Qatl-shibh-i-amd:
“Whoever, with intent to cause harm to the body or mind of any person,
causes the death of that or of any other person by means of a weapon or
an act which in the ordinary course of nature is not likely to cause death
is said to commit qatl shibh-i-amd”.
 Causes death of a person;

 By means of:-
o A weapon which is not likely to cause death in the ordinary course
of nature; or
o An act which is not likely to cause death in the ordinary course of
nature.
 With intent to cause harm to:
i. The body of that person; or
ii. The mind of that person.
Qatl-i-khata:
“Whoever, without any intention to cause death of, or cause harm to, a
person causes death of such person, either by mistake of act or by
mistake of fact, is said to commit qatl-i-khata.”
 Causes death of a person

 Without any intention to cause:-
31
o Death of that person; or

o Harm to that person.
 By:-
o Mistake of fact, or
o Mistake of act.
41. Section 321 of Pakistan Penal Code,1860
Qatl-bis-sabab:
Whoever, without any intention, cause death of, or cause harm to, any
person, does any unlawful act which becomes a cause for the death of
another person, is said to commit qatl-bis-sabab.

 Causes death of a person
 Without any intention to cause:
o Death of that person; or
o Harm to that person.
 By doing of an unlawful act which becomes the cause of that person’s
death.
Attempt to commit qatl-i-amd:
Whoever does any act with such intention or knowledge, and under such
circumstances, that, if he by that act caused qatl, he would be guilty of qatl-i-
amd, shall be punished with imprisonment for either description for a term
which may extend to ten years [but shall not be less than five years if the
offence has been committed in the name or on the pretext of honour], and
shall also be liable to fine, and, if hurt is caused to any person by such act,
the offender shall, in addition to the imprisonment and fine as aforesaid, be
liable to the punishment provided for the hurt caused
 The accused did an act.

 That he did the said act.
o with the intention of causing a bodily injury likely to cause
death; or
o causing death as;
 grave and sudden provocation; or
 in the exercise of right of private defence which was
exceeded; or
32
 believing in the lawful discharge of the public duty; or

 by consent of the deceased; or
o with the knowledge that the act was likely to cause death.
Attempt to commit suicide:
Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple imprisonment for
a term which may extend to one year, or with fine, or with both.
 The act of the accused amounted to an attempt to commit suicide; and

 The accused did an act towards the commission of such offence.
Hurt:
(1) Whoever causes pain, harm, disease, infirmity or injury to any person or
impairs, disables or dismembers any organ of the body or part thereof of any
person without causing his death, is said to cause hurt.
(2) The following are the kinds of hurt:
(a) Itlaf-i-udw
(b) Itlaf-i-salahiyyat-i-udw
(c) Shajjah
(d) jurh and
(e) all kinds of other hurts.
 Intention (including recklessness) (mens rea)

 causing physical (or emotional) pain, or harm or disease or infirmity or
injury of any kind to a person, or; (actus reus)
 impairs, disables or dismembers any organ of the body or part their off
(actus reus)
33
45. Section 337 of Pakistan Penal Code, 1860
Shajjah:
(1) Whoever causes, on the head or face of any person, any hurt which does
not amount to Itlaf-i-udw or Itlaf-i-salahiyyat-i-udw, is said to cause
Shajjah.
(2) The following are the kinds of Shajjah namely:-
a) Shajjah-i-Khafifah
b) Shajjah-i-mudihah
c) Shajjah-i-Hashimah
d) Shajjah-i-Munaqqilah
e) Shaijah-i-Ammah; and
f) Shajjah-i-Damighah
(3) Whoever causes Shajjah
(I) without exposing bone of the victim, is said to cause Shajjah-i-Khafifah;

(II) by exposing any bone of the victim without causing fracture, is said to
cause Shajjah-i-Mudihah
(III) by fracturing the bone of the victim, without dislocating it, is said to
cause Shajjah-i-Hashimah;
(IV) by causing fracture of the bone of the victim and thereby the bone is
dislocated, is said to cause Shajjah-i-Munaqqilah
(V) by causing fracture of the skull of the victim so that the wound touches
the membrane of the brain, is said to cause Shaijah-i-Ammah;
(VI) by causing fracture of the skull of the victim and the wound ruptures the
membrane of the brain is said to cause Shajjah-i-Damighah.
 Intention to cause hurt

 Injury must be on head or face
 Not falling within the ambit of Itlaf-i-udw or Itlaf-i-salahiyyat-i-udw,
 Injury not being self-inflicted
 Corroboration of medico-legal and ocular account
 To establish the chain of evidence and genuineness of the occurance.
46. Section 337-B of Pakistan Penal Code. 1860

34
Jurh:
(1) Whoever causes on any part of the body of a person, other than the head
or face, a hurt which leaves a mark of the wound, whether temporary or
permanent, is said to cause Jurh.
(2) Jurh is of two kinds, namely:
a) Jaifah; and
b) Ghayr-jaifah
47. Section 337-C of Pakistan Penal Code, 1860
Jaifah:
Whoever causes Jurh in which the injury extends to the body cavity of the
trunk is said to cause Jaifah.
 Injury must be on any part of the body other than head and face
 In case of jaifah “body cavity of trunk” extends to lower abdomen
 Both “mens rea” i.e intention or recklessness and “actus reus” i.e physical
injury necessary
48. Section 337-E of Pakistan Penal Code. 1860
Ghair Jaifah:
(1) Whoever causes Jurh which does not amount to Jaifah, is said to
cause Ghayr-jaifah.
(2) The following are the kinds of Ghayr-jaifah, namely:-
a) Damihah
b) Badi'ah
c) Mutalahimah
d) Mudihah
35
e) Hashimah; and
f) Munaqqilah
(3) Whoever causes Ghayr-Jaifah: -
i. in which the skin is ruptured and bleeding occurs, is said to cause

Damihah;
ii. by cutting or incising the flesh without exposing the bone, is said to
cause Badi’ah
iii. by lacerating the flesh, is said to cause Mutalahimah;
iv. by exposing the bone, is said to cause mudihah;
v. by causing fracture of a bone without dislocating it, said to cause
Hashimah; and
vi. by fracturing and dislocating the bone, is said to cause
Munaqqilah.
 Intention or knowledge to cause hurt or bodily injury

 By means of a weapon which is likely to cause hurt
 Existence of genuine injury
 Corroboration and accentuation with the medico-legal
49. Section 337-H of the Pakistan Penal Code,1860
Punishment for hurt by rash or negligent act:
(1) Whoever causes hurt by rash or negligent act, other than rash or
negligent driving, shall be liable to arsh or daman specified for the
kind of hurt caused and may also be punished with imprisonment of
either description for a term which may extend to three years as
ta'zir.
(2) Whoever does any act so rashly or negligently as to endanger

human life or the personal safety of other, shall be punished with
imprisonment of either-description for a term which may extend to
three months, or with fine, or with both.
For 337-H (1)

 Hurt
 Caused by rash or negligent act
36
For 337-H (2)

 Act that endangers human life or the personal safety of other
 Done rashly or negligently
50. Section 337-J of the Pakistan Penal Code,1860
Causing hurt by mean of a poison:

Whoever administers to or causes to be taken by, any person, any poison
or any stupefying, intoxicating or unwholesome drug, or such other thing
with intent to cause hurt to such person, or with intent to commit or to
facilitate the commission of an offence, or knowing it to be likely that he
will thereby cause hurt may, in addition to the punishment of arsh or
daman provided for the kind of hurt caused, be punished, having regard to
the nature of the hurt caused, with imprisonment of either description for
a term which may extend to ten years.
 Administer or cause to be taken

 Any poison or any stupefying, intoxicating or unwholesome drug, or
such other thing
 The accused administered the same with
o Intent to causing hurt, or
o Knowing it to be likely to cause hurt, or
o With intent to commit or facilitate the commission of an
offence.
51. Section 337-K of the Pakistan Penal Code, 1860
Causing hurt to extort confession, or to compel restoration of property:
Whoever causes hurt for the purpose of extorting from the sufferer or any
person interested in the sufferer any confession or any information which
may lead to the detection of any offence or misconduct, or for the purpose of
constraining the sufferer, or any person interested in the sufferer, to restore,
or to cause the restoration of, any property or valuable security or to satisfy
any claim or demand, or to give information which may lead to the
restoration of any property, or valuable security shall, in addition to the
punishment of qisas, arsh or daman, as the case may be, provided for the
kind of hurt caused, be punished, having regard to the nature of the hurt
caused, with imprisonment of either description for a term which may extend
to ten years as ta'zir.
37

 The accused caused hurt voluntarily.
 Hurt was caused:
o To extort from the sufferer (or a person interested in him) a
confession or information which may lead to detection of an
offence or misconduct, or
o For the purpose of constraining such person
 To restore any property or valuable security, or
 To satisfy a claim or demand, or
 To give information leading to the restoration of property
or valuable security.
Isqat-i-Hamal:
Whoever causes woman with child whose organs have not been formed, to
miscarry, if such miscarriage is not caused in good faith for the purpose of
saving the life of the woman, or providing necessary treatment to her, is said
to cause isqat-i-hamal.

 The woman was with child.
 The accused voluntarily did some act to cause her to miscarry.
 The woman did miscarry in consequence thereof.
 Such miscarriage was not done in good faith in order to save her.
Wrongful restraint:
“Whoever voluntarily obstructs any person so as to prevent that person
from proceeding in any direction in which that person has a right to
proceed, is said wrongfully to restrain that person”.
 Voluntary obstruction of a person

 The obstruction must be such as to prevent that person from proceeding
in any direction in which he has a right to proceed.
Wrongful confinement:
38
Whoever wrongfully restrains any person in such a manner as to prevent

that person from proceeding beyond certain circumscribing limits, is
said "wrongfully to confine" that person.
 Wrongful restraint of a person.

 Such restraint must be prevent that person from proceeding beyond
certain circumscribing limits.
55. Section 350 of the Pakistan penal code,1860
Criminal force:
Whoever intentionally uses force to any person, without that person's
consent, in order to the committing of any offence, or intending by the
use of such force to cause or knowing it to be likely that by the use of
such force he will cause injury, fear or annoyance to the person to
whom the force is used, is said to use criminal force to that other.
 The intentional use of force to any person.

 Such force must have been used without that person’s consent.
 It must have been used
o in order to committing of any offence; or
o with intention to cause; or
o knowing it to be likely that he will cause, injury, fear or
annoyance to the person to whom it is used.
Assault:
“Whoever makes any gesture, or any preparation intending or knowing
it to be likely that such gesture or preparation will cause any person
present to apprehend that he who makes that gesture or preparation it
about to use of criminal force to that person, is said to commit an
assault”.
 Making of any gesture or preparation by a person in the presence of

another.
 Intention or knowledge of likelihood that such gesture or preparation will
cause the person present to apprehend that the person making it is about
to use criminal force to him. Tera pyar pyar pyar, hookah bar.
39
Assault or criminal force to woman with intent to outrage her modesty:
Whoever assaults or uses criminal force to any woman, intending to outrage

or knowing it to be likely that he will thereby outrage her modesty, shall be
extend to two years or with fine, or with both.

 The woman was assaulted or criminal force was used to her.
 The assault or use of criminal force was by the accused.
 The accused intended to outrage her modesty or knew that her
modesty was likely to be outraged.
Kidnapping:
“Kidnapping is of two kinds: Kidnapping from Pakistan and kidnapping
from lawful guardianship”.
 Kidnapping from Pakistan.

 Kidnapping from unlawful guardianship.
Kidnapping from Pakistan, etc.:
“Whoever conveys any person beyond the limits of Pakistan without the
consent of that person, or of some person legally authorized to consent
on behalf of that person is said to kidnap that person from Pakistan”

 There must be conveying of any person beyond the limits of Pakistan.
 Such conveying must be without the consent:-
o Of that person; or
o Of some person legally authorized to consent on behalf of that
person.
40
Kidnapping from lawful guardianship:

“Whoever takes or entices any minor under fourteen years of age if a
male, or under sixteen years of age if a female, or any person of unsound
mind, out of the keeping of the lawful guardian of such minor or person
of unsound mind, without the consent of such guardian, said to kidnap
such minor or person from lawful guardianship”.

 There must be taking or enticing.
 There must be taking or enticing.
o Minor (under fourteen years of age in case of a male; and under
sixteen years of age in case of a female); or
o Person of unsound mind
 That minor or person of unsound mind must be taken or enticed out of the
keeping of his/her lawful guardian.
 Without the consent of that guardian.
Abduction:
“Whoever by force compels, or by any deceitful means induces, any
person to go from any place, is said to abduct that person”.
 By force compels; or
 By deceitful means induces
 Any person
 To go from any place.
62. Section 364 of the Pakistan Pena Code,1860
Kidnapping or abducting in order to murder:

Whoever kidnaps or abducts any person in order that such person may
be murdered or may be so disposed of as to be put in danger of being
murdered, shall be punished with imprisonment for life or rigorous
imprisonment for a term which may extend to ten years and shall also
be liable to fine.

 Kidnapping and abducting of any person by the accused
 That he so kidnapped the person in order;
41
o That such person might be murdered; or

o That such person might be so disposed of, as to be put in danger
of being murdered.
 That he so abduct the person in order;
o That such person might be murderer; or
o That such person might be so disposed of, as to be put in danger
of being murdered.
Kidnapping or abducting a person under the [age of fourteen]:

Whoever kidnaps or abducts any person under the [age of fourteen] in
order that such person may be murdered or subjected to grievous hurt,
or slavery, or to the lust of any person or may be so disposed of as to be
put in danger of being murdered or subjected to grievous hurt, or
slavery, or to the lust of any person shall be punished with death or with
imprisonment for life or with rigorous imprisonment for a term which
may extend to fourteen years and shall not be less than seven years.
 Kidnapping and abducting of any person under the age of fourteen

 Kidnapping and abducting of that person in order to,
o That such person might be murdered; or
o Subjected to grievous hurt or slavery ; or
o For the lust of any person; or
o That such person might be disposed of, as to be put in danger of
being murdered.
Kidnapping or abducting with intent secretly and wrongfully to

confine person:
Whoever kidnaps or abducts any person with intent to cause that person
to be secretly and wrongfully confined, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

 Kidnapping and abduction of any person by the accused
 That the accused thereby intended that the person kidnapped or abducted
should be;
o kept in wrongful or
o secret confinement.
42
Kidnapping or abducting for extorting property, valuable security,

etc.:
Whoever kidnaps or abducts any person for the purpose of extorting
from the person kidnapped or abducted, or from any person interested in
the person kidnapped or abducted any property, whether movable or
immovable, or valuable security, or to compel any person to comply
with any other demand, whether in cash or otherwise, for obtaining
release of the person kidnapped or abducted, shall be punished with
death or imprisonment for life and shall also be liable to forfeiture of
property.

 Kidnap or abduct a person;
 Intention to;
 Extortion or compel any person, interested in the person kidnapped or
abducted;
 Any property either moveable or immovable
Kidnapping, abducting or inducing woman to compel for marriage

etc.-
Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to
marry any person against her will, or in order that she may be forced, or
seduced to illicit intercourse, or knowing it to be likely that she will be
forced or seduced to illicit intercourse, shall be punished with
imprisonment for life, and shall also he liable to fine; and whoever by
means of criminal intimidation as defined in this Code, or of abuse of
authority or any other method of compulsion, induces any woman to go
from any place with intent that she may be, or knowing that it is likely
that she will be, forced or seduced to illicit intercourse with another
person shall also be punishable as aforesaid.
 The accused kidnapped or abducted.

 The person kidnapped or abducted must be a woman.
 The accused intended or knew it to be likely that
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o The woman kidnapped or abducted would be compelled to

marry any person against her will; or
o that such woman will be forced or seduced to illicit intercourse.
 The accused induced a woman to go from any place
o by criminally intimidating her; or
o by abuse of authority; or
o by any other method of compulsion.
 The accused intended or knew that it was likely that such woman would
be forced or seduced to illicit intercourse.
67. Section 366-Aof the Pakistan Penal Code,1860
Procuration of minor girl:

Whoever by any means whatsoever, induces any minor girl under the
age of eighteen years to go from any place or to do any act with intent
that such girl may be, or knowing that it is likely that she will be, forced
or seduced to illicit intercourse with another person shall be punishable
with imprisonment which may extend to ten years and shall also be
liable to fine.

 That accused must have induced a minor girl
 That the girl must be under the age of eighteen years.
 That the girl was induced to go from any place or to do an act.
 That the accused did so with intent that such girl may be or knowing that
it is likely that she will be,
o forced or seduced to illicit intercourse with another person.
Importation of girl from foreign country:

Whoever imports into Pakistan from any country outside Pakistan any
girl under the age of twenty-one years with intent that she may be, or
knowing it to be likely that she will be, forced or seduced to illicit
intercourse with another person, shall be punishable with imprisonment
which may extend to ten years and shall also be liable to fine.
 Girls were imported into Pakistan from places outside Pakistan.

 The age of the girl imported is below 21 years.
 The importation must be with the intent that the girls may be or knowing
it to be likely that;
o They will be forced or seduced to illicit intercourse with another
person.
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Wrongfully concealing or keeping in confinement, kidnapped or

abducted person:
Whoever knowing that any person has been kidnapped or has been
abducted wrongfully conceals or confines such person shall be punished
in the same manner as if he had kidnapped or abducted Such person
with the same intention or knowledge, or for the same purposes as that
with or for which he conceals or detains such person in confinement.
 The person in question was kidnapped or abducted.

 The accused knew that the said person was kidnapped or abducted.
 The accused wrongfully confined or concealed the said person who was
kidnapped or abducted.
Kidnapping or abducting child under ten years with intent to steal

from its person:
Whoever kidnaps or abducts any child under the age of ten years with
the intention of taking dishonestly any movable property from the
person of such child, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.
 The accused kidnapped or abducted a person.

 That such person was a child below ten years of age.
 The accused intended to take dishonestly some movable property from
the person of the child kidnapped or abducted.
Habitual dealing in slaves:
Whoever habitually imports, exports, removes, buys, sells, traffics or deals

in slaves shall be punished with imprisonment for life, or with imprisonment
of either description for a term not exceeding ten years, shall also be liable to
fine.
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 The accused imported, exported, removed, bought, sold slaves.
 The accused did so habitually.
Selling person for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person with intent
that such a person shall at any time be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and
immoral purpose, or knowing it to be likely that such person shall at any
time be employed or used for any such, purpose, shall be punished with
imprisonment which may extend to twenty-five years, and shall also be
liable to fine.

 Selling or letting on hire or otherwise disposing of any person.
 That selling, letting on hire or otherwise disposing of was within
intent or knowledge of the likelihood that the aforesaid person will be
employed or used
o For the purpose of prostitution; or
o Illicit intercourse with any person; or
o For any unlawful and immoral purposes.
Rape:-
A man is said to commit rape who has sexual intercourse with a woman
under circumstances falling under any of the five following
descriptions,
(i) against her will.
(ii) without her consent

(iii) with her consent, when the consent has been obtained by putting
her in fear of death or of hurt,
(iv) with her consent, when the man knows that he is not married to her
and that the consent is given because she believes that the man is
another person to whom she is or believes herself to be married;
or
(v) With or without her consent when she is under sixteen years of age.
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 Intention to commit rape (Mens Rea)

 Man has sexual intercourse with a woman
 Either of the one:
o Against her will;
o Without her consent;
o Consent has been obtained by putting her in fear of death or of
hurt;
o when the man knows that he is not married to her and that the
consent is given because of the mistaken belief that she believes
that the man is another person to whom she is or believes
herself to be married;
o With or without her consent when she is under sixteen years of
age.
Unnatural offences:
Whoever voluntarily has carnal intercourse against the order of nature
with any man, woman or animal, shall be punished with imprisonment for
life, or with imprisonment of either description for a term which shall not
be less than two years nor more than ten years, and shall also be liable to
fine.

 The accused had carnal intercourse with a man, woman or animal.
 Such intercourse was unnatural.
 The accused did the act voluntarily.
 There was Penetration.
Theft:
“Whoever, intending to take dishonestly any movable property out of the
possession of any person without that person's consent, moves that
property in order to such taking, is said to commit theft”.
 Dishonest intention to take property.

 Property must be moveable.
 That should be in possession of other person.
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 There must be removal or moving of that property.

 Without consent of the owner.
Theft by clerk or servant or property in possession of master:

Whoever being a clerk or servant, or being employed in the capacity of
a clerk or servant, commits theft in respect of any property in the
possession of his master or employer, shall be punished with
 The subject-matter of theft is moveable property.

 It was in the possession of another person.
 The accused moved it.
 The accused did so, dishonestly intending to take it out of his possession.
 He did so without the consent of the person in possession.
 The accused was at, the time, a clerk or servant or employed, as such, by
the person from whose possession the property was stolen.
Theft of a car or other motor vehicles:

Whoever commits theft of a car or any other motor vehicle, including
motor-cycle, scooter and Tractor shall be punished with imprisonment
of either description for a term which may extend to seven years and
with fine not exceeding the value of the stolen car or motor vehicle.

 Person commits theft.
 The subject matter of theft is moveable property like Car or any other
motor vehicle including,
o Motor-cycle, Scooter and Tractor.
Extortion:
Whoever intentionally puts any person in fear of any injury to that
person, or to any other, and thereby dishonestly induces the person so
put in fear to deliver to any person any property or valuable security or
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anything signed or sealed which may be converted into a valuable

security, commits "extortion".
 There must be an intention to put a person in fear of injury

 to himself or another
 Dishonestly induces that person
 To deliver any property or valuable security or anything signed or sealed
which may be converted into a valuable security.
Putting person in fear of injury in order to commit extortion:
Whoever, in order to the committing of extortion, puts any, person in fear, or

attempts to put any person in fear, of any injury, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

 The extortioner put or attempted to put some person in fear of injury.
 The intention was to commit extortion.
Extortion by putting a person in fear of death or grievous hurt:
Whoever commits extortion by putting any person in fear of death or of

grievous hurt to that person to any other, shall be punished with
imprisonment of either description for a term which may extend to ten years
and shall also be liable to fine.

 The extortioner put the complainant in fear of death or of grievous
hurt or some other person.
 The extortioner did so intentionally.
 The extortioner induced the person so put in fear to deliver to him or
some other, some property of valuable security or something signed or
sealed which was convertible into valuable security.
 The accused did so dishonestly.

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Dacoity:
When five or more persons conjointly commit or attempt to commit a
robbery, or where the whole number of persons conjointly committing or
attempting to commit a robbery and persons present and aiding such
commission or attempt, amount to five or more, every person so
committing, attempting or aiding is said to commit "dacoity".

 The accused committed or attempted to commit robbery.
 Persons committing or attempting to commit robbery, and persons present
and aiding must not be less than five
 All such persons should act conjointly.
Voluntarily causing hurt in committing robbery:
If any person, in committing or in attempting to commit robbery,

voluntarily causes hurt, such person, and any other person jointly
concerned in committing or attempting to commit such robbery, shall be
punished with imprisonment for life, or with rigorous imprisonment for
a term [which shall not be less than four years nor more than] ten years,
and shall also be liable to fine
 The accused committed or attempted to commit robbery.

 Hurt was caused to the victims voluntarily in committing or attempting to
commit robbery.
 The accused were jointly concerned with any other person in committing
or attempting to commit robbery.
Dacoity with murder:

If any one of five or more persons, who are conjointly committing
dacoity, commits murder in so committing dacoity, everyone of those
persons shall be punished with death, or imprisonment for life, or
rigorous imprisonment for a term which [shall not be less than four
years nor more than] ten years, and shall also be liable to fine

 Dacoity was committed.
 Five or more persons conjointly committed dacoity.
 One of them committed murder.
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 The murder was committed during the commission of dacoity.
Assembling for purpose of committing dacoity:
Whoever, at any time after the passing of this Act shall be one of five or
more persons assembled for the purpose of committing dacoity, shall be
punished with rigorous imprisonment for a term which may extend to

 Five or more persons assembled.
 They assembled for committing dacoity.
 That the accused was one of the five or more persons assembled.
Criminal breach of trust:

“Whoever, being in any manner entrusted with property, or with any
dominion over property, dishonestly misappropriates or converts to his
own use that property, or dishonestly uses or disposes of that property, in
violation of any direction of law prescribing the mode in which such
trust is to be discharged, or of any legal contract, express or implied,
which he has made touching the discharge of such trust, or wilfully
suffers any other person so to do, commits "criminal breach of trust”.
 Entrusted with property or entrusted with any dominion over property.

 Dishonestly misappropriates or dishonestly converts that property or
dishonestly uses or dishonestly disposes of that property
 Dishonestly use or disposal of property,
a. of any direction of law prescribing the mode in which such trust
is to be discharged or.
b. of any legal contract made touching the discharge of such trust.
Criminal breach of trust by carrier, etc.:

Whoever, being entrusted with property as a carrier, wharfinger or
warehouse-Keeper, commits criminal breach of trust in respect of such
property, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
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 The accused is a carrier, warehouse-keeper or wharfinger.

 He was entrusted with the property.
 He committed criminal breach of trust of the property entrusted.
Criminal breach of trust by clerk or servant:

Whoever, being a clerk or servant or employed as a clerk or servant, and
being in any manner entrusted in such capacity with property, or with
any dominion over property, commits criminal breach of trust in respect
of that property, shall be punished with imprisonment of either
be liable to fine.
 The accused was a clerk or servant.

 He was entrusted with the property, in question or with dominion over the
property.
 He committed criminal breach of trust in respect of the said property.
Criminal breach of trust by public servant, or by banker, merchant or

agent:
Whoever being in any manner entrusted with property, or with any
dominion over property in his capacity of a public servant or in the way
of his business as a banker, merchant, factor, broker, attorney or agent,
commits criminal breach of trust in respect of that property, shall be
punished with imprisonment for life or with imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine.
 The accused was a public servant or merchant or a banker, factor, or a

broker, or an attorney or an agent.
 In such capacity he was entrusted with property in question or dominion
over property in question.
 He committed a criminal breach of trust in respect of the property
entrusted.
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Dishonestly receiving stolen property:

Whoever dishonestly receives or retains, any stolen property, knowing
or having reason to believe the same to be stolen property, shall be
extend to three years, or with fine, or with both.
 There must be stolen property.

 It may dishonestly be received or retained by the accused.
 The accused knew or had reason to believe that the property was stolen
property.
 That some person other than the accused was in possession of the stolen
property before the accused obtained possession.
Dishonestly receiving stolen property in the commission of a dacoity:
Whoever dishonestly receives or retains any stolen property, the possession

whereof he knows or has reason to believe to have been transferred by the
commission of dacoity, or dishonestly receives from person, whom he knows
or has reason to believe to belong or to have belonged to a gang of dacoits,
property which he knows or has reason to believe to have been stolen, shall
be punished with imprisonment for life, or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.

 The property was stolen property.
 The property was concerned with dacoity.
 The accused dishonestly received or retained it.
 He knew or had reason to believe that the property was stolen in a
dacoity or that he received it from a gang of dacoits.
Assisting in concealment of stolen property:

Whoever voluntarily assists in concealing or disposing of or making
away with-property which he knows or has reason to believe to be
stolen property, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or
with both.
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 The property in question is stolen property.

 The accused had knowledge or reason to believe that such property is
stolen property.
 The accused voluntarily assisted in concealing or disposing of or making
away with such property.
Cheating:
Whoever, by deceiving any person, fraudulently or dishonestly induces
the person so deceived to deliver any property to any person, or to
consent that any person shall retain any property, or intentionally
induces the person so deceived to do or omit to do anything which he
would not do or omit if he were not so deceived, and which act or
omission causes or is likely to cause damage or harm to that person[or
any other person] in body, mind, reputation or property, is said to
"cheat".
 Deception of any person.

 Fraudulently or dishonestly inducing that person,
o to deliver any property to any person,
o to consent that any person shall retain any property or intentionally
inducing that person to do or omit to do anything which he would
not do or omit if he were not so deceived.
 Such act or omission caused or likely to be caused
o damage; or
o harm to that person in body, mind ,reputation or property.
Cheating with knowledge that wrongful loss may ensue to person

whose interest offender is bound to protect:
Whoever cheats with the knowledge that he is likely thereby to cause
wrongful loss to a person whose interest in the transaction to which the
cheating relates, he was bound either by law, or by legal contract, to
protect shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.

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 The accused cheated a person whose interests he was bound to protect

under a legal obligation or under a contract.
 The interest was in relation to the transaction to which the cheating
relates.
 The accused knew that he was likely to cause wrongful loss to such
person.
Cheating and dishonestly Inducing delivery of property:

Whoever cheats and thereby dishonestly induces the person deceived to
deliver any property to any person, or to make, alter or destroy the
whole or any part of a valuable security, or anything which is signed or
sealed, and which is capable of being converted into a valuable security,
shall be punished with imprisonment, of either description for a term
which may extend to seven years, and shall also be liable to fine.
 Deception of any person.

 The person is dishonestly induced to deliver any property to any person;
or
 To make, alter or destroy;
o The whole or any part of a valuable security; or
o Anything which is signed or sealed and which is capable of being
converted into valuable security.
Dishonest or fraudulent removal or concealment of property to

prevent distribution among creditors:
Whoever dishonestly or fraudulently removes, conceals or delivers to
any person, or transfers or causes to be transferred to any person,
without adequate consideration, any property, intending thereby to
prevent, or knowing it to be likely that he will thereby prevent, the
distribution of that property according to law among his creditors or the
creditors of any other .person, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine or with both.
 The accused removed, concealed or delivered or transferred or caused to

be transferred to any person any property.
 The transfer aforesaid was made without adequate consideration.
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 The accused intended thereby to prevent or knew that he was likely to

prevent the distribution of that property among his creditors or the
creditors of any other person.
 He acted dishonestly or fraudulently.
Dishonestly or fraudulently preventing debt being available for

creditors:
Whoever dishonestly or fraudulently prevents any debt or demand due
to himself or to any other person from being made available according
to law for payment of his debt or the debts of such other person shall be
extend to two years, or with fine, or with both.
 The debt or demand was due to the accused or any other person.
 The accused prevented such debt or demands from being made legally
available to for his debts or the debts of another person.
 He did so dishonestly or fraudulently.
Dishonest or fraudulent execution of deed of transfer containing false

statement of consideration:
Whoever dishonestly or fraudulently signs, executes or becomes a party
to any deed or instrument which purports to transfer or subject to any
charge of any property, or any interest therein, and which contains any
false statement relating to the consideration for such transfer or charge,
or relating to the person or persons for whose use or benefit it is really
intended to operate, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.
 The accused executed a deed of transfer of an interest in property.

 The deed contained false recitals as to the consideration for the transfer.
 The deed contained false recitals as to the name of the person for whose
use or benefit the deed was executed.
 He did so fraudulently.
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Mischief:
Whoever, with intent to cause, or knowing that he is likely to cause,
wrongful loss or damage to the public or to any person, causes the
destruction of any property or any such change in any property or in the
situation thereof as destroys or diminishes its value or utility, or affects
it injuriously, commits "mischief".
 Caused the destruction of some property or some change in it or in its

situation.
 Such change must have destroyed or diminished the value or utility of the
property or affected the property injuriously.
 The causing of destruction or change in the property or in its situation
must have been with the intention to cause or with the knowledge of the
likelihood of thereby causing wrongful loss or damage to the public or
to any person.
99. section 430 of the Pakistan Penal Code,1860
Mischief by injury to works of irrigation or by wrongfully diverting water:
Whoever commits mischief by doing any act which causes, or which he

knows to be likely to cause, a diminution of the supply of water for
agricultural purposes, or for food or drink for human beings or for animals
which are property, or for cleanliness or for carrying on any manufacture,
shall be punished with imprisonment of either description for a term which
may extend to five years, or with fine, or with both.

 The accused committed mischief.
 The mischief caused or was likely to cause diminution of supply of
water.
 Such supply was for agricultural purposes for food or drink of human
being or animals or for cleanliness or any manufacture.
 Such mischief was committed knowledge that it would or was likely
to cause diminution of the supply of water for agricultural purposes.
Mischief by injury to public road, bridge, river or channel:

Whoever commits mischief by doing any act which renders or which he
knows to be likely to render any public road, bridge, navigable river or
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navigable channel, natural or artificial, impassable or less safe for

travelling or conveying property, shall be punished with imprisonment
of either description for a term which may extend to five years, or with
fine, or with both.

 The mischief consists of an act which renders or which he knows to be
likely to render any public road, bridge, navigate river, or navigable
channel, natural or artificial for travelling or conveying property
impassable, or less safe.
 Such mischief was done with knowledge that it would or was likely to
cause such injury.
Mischief committed after preparation made for causing death or hurt:

Whoever commits mischief, having made preparation for causing to any
person death, or hurt, or wrongful restraint, or fear of death, or of hurt,
or of wrongful restraint shall be punished with imprisonment of either
description for a term which may extend to five years, and shall also be
liable to fine.

 The accused had made preparations for causing death, hurt, wrongful
restraint ;or
o Fear of death; or
o Fear of hurt; or
o Fear of wrongful restraint.
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".
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 Entry into property in possession of another.

 Such unlawful entry was made with intent,
o To commit an offence; or
o To intimidate, insult or annoy any person in possession of such
property.
 Accused lawfully entered into or upon property in the possession of
another; unlawfully remained in possession with intent,
o To intimidate, insult or annoy any such person; or
o To commit an offence.
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".
 Criminal trespass.
 Entry into building, Tent or Vessel.
Lurking house-trespass:
Whoever commits house-trespass having taken precautions to conceal

such house-trespass from some person who has a right to exclude or
eject the trespasser from the building, tent or vessel which is the subject
of the trespass, is said to commit "lurking house-trespass".
 House trespass.
 Made in surreptitious manner.
 Concealment from person who has right to exclude.
Persons jointly concerned in lurking house-trespass or house-breaking by

night punishable for qatl or hurt caused by one of them:
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If, at the time of the committing of lurking house-trespass by night or house-

breaking by night, any person guilty of such offence shall voluntarily cause
or attempt to commit qatl of, or hurt to, any person, every person jointly
concerned in committing such lurking house-trespass by night or house-
breaking by night, shall be punished with imprisonment for life or with
imprisonment of either description for a term which may extend to ten years
and shall also be liable to the same punishment for committing qatl or
causing hurt or attempting to cause qatl or hurt as is specified in Chapter
XVI of this Code.

 Two or more persons were jointly concerned in committing lurking
house-trespass by night or house-breaking by night.
 One or more of such persons voluntarily caused death or grievous
hurt, or attempted to do so.
 Such persons were engaged in committing lurking house-trespass by
night or house-breaking by night.
Forgery:
“Whoever makes any false document or part of a document, with intent
to cause damage or injury, to the public or to any person, or to support
any claim or title, or to cause any person to part with property, or to
enter into any express or implied contract, or with intent to commit
fraud or that fraud may be committed, commits forgery”.
 Making of any false document or part of document.

 It must have been made with intent to;
o Cause damage of injury to public or any person: or
o To support any claim or title; or
o To cause any person to part with property; or
o To cause any person to enter onto an express or implied contact; or
o To commit fraud or that fraud may be committed.
Forgery for purpose of cheating:
Whoever commits forgery, intending that, the document forged shall be used
for the purpose of cheating, shall be punished with imprisonment of either
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description for a term which may extend to seven years, and shaft also be
liable to fine.

 The document in question is forged.
 The accused forged the document.
 He forged the document intending that the forged document would be
used for purpose of cheating.
Using as genuine a forged document:

Whoever fraudulently or dishonestly uses as genuine any document
which he knows or has reason to believe to be a forged document, shall
be punished in the same manner as if he had forged such document.

 The document is a forged one.
 The accused used the document as genuine.
 He knew or he had reason to believe that it was a forged document.
 He used it fraudulently or dishonestly, knowing or having reason to
believe that it was a forged document.
Falsification of accounts:
“Whoever, being a clerk, officer or servant, or employed or acting in the
capacity of a clerk, officer or servant, wilfully, and with intent to
defraud, destroys, alters, mutilates or falsifies any book, paper, writing,
valuable security or account which belongs to or is in the possession of
his employer, or has bean received by him for or on behalf of his
employer, or wilfully, and with intent to defraud, makes or abets the
making of any false entry in, or omits or alters or abets the omission or
alteration of any material particular form or in, any such book, paper,
writing valuable security or account, shall be punished with
seven years, or with fine, or with both”.
 The person coming within its purview must be a clerk, officer, or servant,
or acting in the capacity of a clerk, officer or servant .
 He must willfully and with intent to defraud,
o Destroy, alter, mutilate, or falsify any book, paper, writing,
valuable security, or account which
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 belongs to, or is in the possession of, his employer, or

 has been received by him for or on behalf of his
employer: or
o Make or abet the making of any false entry in, or omit or alter or
abet the omission or alteration of any material particular from or
in any such book, paper, writing, valuable security, or account.
Counterfeiting currency-notes or bank-notes:

Whoever counterfeits, or knowingly performs any part of the process of
counterfeiting, any currency-note or banknote, shall be punished with
imprisonment for life, or with imprisonment of either description for a

 The accused counterfeited or performed any part of the process of
counterfeiting.
 What was counterfeited or attempt to be counterfeited was a Currency
note or a Bank note.
Using as genuine, forged or counterfeit currency-notes or bank-notes:

Whoever sells to, or buys or receives from, any other person, or
otherwise traffics, in or uses as genuine, any forged or counterfeit
currency-note or bank-note, knowing or having reason to believe the
same to be forged or counterfeit, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
 The note in question is a Currency-note or a Bank-note.

 Such currency note or bank note was forged or counterfeited.
 That accused sold to or brought from or received from any person or
otherwise trafficked in or used as genuine any forged or counterfeited
Currency note or Bank note.
 That he then knew or had reason to believe it to be forged or counterfeit.
112. Section 489-C of the Pakistan Penal Code,1860
Possession of forged or counterfeit currency-notes or bank-notes:

Whoever has in his possession any forged or counterfeit currency-note
or bank-note, knowing or having reason to believe the same to be forged
62
or counterfeit and intending to use the same as genuine or that it may be

used as genuine, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or
with both.
 The note in question is a Currency-note or Bank-note.

 Such note was forged or counterfeited.
 The accused was in possession of it.
 He intended to use the same as genuine.
 At the time that he possessed the note, he knew or had reason to believe it
to be forged or counterfeit.
113. Section 489-D of the Pakistan Penal Code,1860
Making or possessing instruments or materials for forging or

counterfeiting currency-notes or bank-notes:
Whoever makes, or performs any part of the process of making, or buys
or sells or disposes of, or has to his possession, any machinery,
instrument or material for the purpose of being used, or knowing or
having reason to believe that it is intended to be used, for forging or
counterfeiting any currency-note or bank-note, shall be punished with
imprisonment for life, or with imprisonment of either description for a
 The thing in question was machinery, instrument or material necessary

for or used in forging or counterfeiting a Currency-note or Bank-note
 The accused made or performed any part of the process of making or
buying or selling or disposing of or had in his possession any machinery
or instrument or material.
 The accused knew or had reason to believe that it was intended to be used
for forging or counterfeiting any Currency-note or bank-note.
114. Section 489-E of the Pakistan Penal Code,1860
Making or using documents resembling currency-notes or bank-

notes:
1) Whoever makes, or causes to be made, or uses for any purposes

whatsoever, or delivers to any person, any document purporting to
be, or in any way resembling or so nearly resembling, as to be
calculated to deceive, any currency-note or bank-note shall be
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punished with imprisonment of either description for a term which

may extend to one year, or with fine or with both.
2) If any person, whose name appears on a document the making of

which is an offence under sub-section (1), refuses, without lawful
excuse, to disclose to a police-officer on being so required the name
and address of the person by whom it was printed or otherwise
made, he shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine, or with both.
3) Where the name of any person appears on any document in respect

of which any person is charged with an offence under sub-section (1)
or on any other document used or distributed in connection with that
document it may, until the contrary is proved, be presumed that
person caused the document to be made.
 The thing in question is a document resembling Currency-Note, or Bank-

Note.
 The accused made (or caused to be made) or used for any purpose
whatsoever or delivered to any person any document resembling a
Currency-note or bank-note.
 The intention of the accused in doing so was calculated deceive any
person into thinking that such document is a genuine Currency-Note or
Bank-Note.
 Police requiring the person whose name appears in such document to give
the name and address of the person by whom the said document was
printed or made
 Such person refused to disclose such name without lawful excuse.
115. Section 489-F of the Pakistan Penal Code,1860
Dishonestly issuing a cheque:

Whoever dishonestly issues a cheque towards repayment of a loan or
fulfillment of an obligation which is dishonoured on presentation, shall
be punished 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 honoured and that the bank was at fault
in not honouring the cheque.
 There must be dishonesty.

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 Issuance of cheque.
 Dishonesty towards re-payment of,
o loan; or
o fulfillment of an obligation.
Breach of contract to attend on any supply wants of helpless person:

Whoever, being bound by a lawful contract to attend on or to supply the
wants of any person who, by reason of youth; or of unsoundness of
mind, or of a disease or bodily weakness, is helpless or incapable of
providing for his own safety or of supplying his own wants, voluntarily
omits so to do, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine
which may extend to [two hundred rupees], or with both.
 The accused entered into a contract to attend on or to supply the wants of

a person.
 Such contract is valid.
 Such person was helpless or incapable or providing for his own safety or
of supplying his own wants.
 Such helpless arose out of youth, or unsoundness of mind, or disease or
bodily weakness.
 The accused omitted to attend on such person or to supply his wants.
 He did so voluntarily.
Cohabitation caused by a man deceitfully inducing a belief of lawful

marriage.
Every man who deceitfully causes any woman who is not lawfully
married to him to believe that she is lawfully married to him and to
cohabit with him in that belief, shall be punished with rigorous
imprisonment for a term which may extend to twenty-five years and
shall also he liable to fine.
 The accused practiced deception.

 Such deceit was to induce the woman (complainant) to believe that she
was lawfully married to him.
 There was cohabitation or sexual intercourse as a result of the deception.
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Marrying again during lifetime of husband or wife:

Whoever, having a husband or wife living, marries in any case in which,
such marriage is void by reason of its taking place during the life of
such husband or wife, shall be punished with imprisonment of either
be liable to fine.

 The accused has already been married to some person.
 The said marriage was legal.
 The person to whom he was married was alive.
 The accused married again.
 The subsequent marriage is void.
Marriage ceremony fraudulently gone through without lawful

marriage:
Whoever, dishonestly or with a fraudulent intention, goes through the
ceremony of being married, knowing that he is not thereby lawfully
married, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall be liable to fine.
 The accused went through a form of marriage.

 He was aware that he was not lawfully married to the other party.
 He went through a ceremony of marriage dishonestly or fraudulently.
Enticing or taking away or detaining with criminal intent a woman.

Whoever takes or entices away any woman with intent that she may
have illicit intercourse with any person, or conceals or detains with that
intent any woman, shall be punished with imprisonment of either
be liable to fine.
 There must be taking or enticing of woman.

 The accused did so with intent that
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o She may have illicit intercourse with any person; or

o Conceals or detained.
Fornication:
(1) A man and a woman not married to each other are said to commit
fornication if they willfully have sexual intercourse with one
another.
(2) Whoever commits fornication shall be punished with imprisonment
for a term which may extend to five years and shall also be liable to
fine not exceeding ten thousand rupees.
 Man and woman not married with each other.

 Have willfully sexual intercourse with one another.
Defamation:
“Whoever by words either spoken or intended to be read, or by signs or
by visible representations, makes or publishes any imputation
concerning any person intending to harm, or knowing or having reason
to believe that such imputation will harm, the reputation of such person,
is said except in the cases hereinafter excepted, to defame that person”.
 Making or publishing any imputation.

 Concerning any person.
 Mode of such imputation,
a. By words.
b. By signs or visible representation
 Intention, Knowledge or belief to harm the reputation.
Criminal Intimidation:
Whoever threatens another with any injury to his person, reputation or

property, or to the person or reputation of any one in whom that person is
interested, with intent to cause alarm to that person, or to cause that person to
do any act which he is not legally bound to do, or to omit to do any act which
67
that person is legally entitled to do, as the means of avoiding the execution of
such threat, commits criminal intimidation.

 The accused threatened another person or any one in whom he is
interested with injury to the person, reputation or property; or
 Threatened another with the intention of causing alarm to him; or
 To cause that person to do any act which he is not bound or omit to
do any act which he is bound to do to avoid execution of such
threat.
Intentional insult with intent to provoke breach of the peace:
Whoever intentionally insults, and thereby gives provocation to any person,

intending or knowing it to be likely that such provocation will cause him to
break the public peace, or to commit any other offence, shall be punished with
imprisonment of either description for a term which may extend to two years,
or with fine, or with both.

 The accused insulted some person intentionally.
 He thereby intended to provoke him.
 He knew it was likely that such provocation would cause that person to
commit breach of peace or to commit any other offence.
Word, gesture or act intended to insult the modesty of a woman:
Whoever, intending to insult the modesty of any woman, utters any word,
makes any sound or gesture, or exhibits any object, intending that such word
or sound shall be heard, or that such gesture or object shall be seen, by such
woman, or intrudes upon the privacy of such woman, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or
with both.

 The accused uttered some word or made some sound or made some
gesture or exhibited any object or intruded upon the privacy of a
woman.
 The accused intended that the word uttered, the sounds which he made or
the gestures made and object exhibited shall be heard or seen by such
woman.
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 He thereby intended to insult the modesty of a woman.
126. Section 6 of the Anti-Terrorism Act, 1997:
Terrorism.-
1) In this Act. “terrorism” means the use or threat of action where:

(a) The action falls with the meaning of sub-section
(2). And
(b) The use or threat is designed to coerce and intimidate or overawe the
Government or the public or a section of the public or community or
sector create a sense of fear or insecurity in society; or
(c) The use or threat is made for the purpose of advancing a religious,
sectarian or ethnic cause.
2) An “action” shall fall within the meaning of sub-section (1), if it:
(a) Involves the doing or anything that causes death;
(b) Involves grievous violence against a person or grievous body injury or

harm to person;
(c) Involves grievous damage to property:
(d) Involves the doing of anything that is likely to cause death or

endangers a person’s life;
(e) Involves kidnapping for ransom, hostage-taking or hijacking;
(f) Incites hatred and contempt on religious, sectarian or ethnic basis to

stir up violence or cause internal disturbance;
(g) Involve stoning, brick-batting or any other from of mischief to spread

panic:
(h) Involves firing on religious congregations, mosques, imambargahs,

churches, temples and all other places of worship, or random firing to
spread panic, or involves any forcible takeover o mosques or other
places of worship;
(i) Creates a serious risk to safety of public Or a section of the public, or

is designed to frighten the general public and thereby prevent them
69
from coming out and carry8ing on their lawful trade and daily
business, and disrupts civil (civic) life;
(i) Involves the burning of vehicles or another serious form of arson;
(j) Involves extortion of money (bhatta) or property;
(k) Is designed to seriously interfere with or seriously disrupt a

communications system or public utility service;
(m) Involves serious coercion or intimidation of a public servant in order

to force him to discharge or to refrain from discharging his lawful
duties; or
(n) Involves serious violence against a member of the police force, armed
forces, civil armed forces, or a public servant.
3) The use or threat or use of any action falling within sub-section (2) which
involves the use of fire-arms, explosives or any other weapon, is terrorism,
whether or not subsection 1 (c) is satisfied.
4) In this section “action” includes and act or a series of acts.
5) In this Act, terrorism includes any act done for the benefit of a prescribed
organization.
6) A person who commits an offence under this section or any other provision
of this Act, shall be guilty of an act of terrorism.
7) In this Act, a “terrorist” means:
(a) A person who has committed an offence or terrorism under this Act,
and is or has been concerned in the commission, preparation or
instigation of acts of terrorism;
(b) A person who is or has been, whether before or after the coming into
force of this Act, concerned in the commission, preparation or
instigation of acts of terrorism, shall also be included in the meaning
given in Clause (a) above.

 Something was done by the accused person
o the doing of that thing by the accused person had caused the
death of the deceased.
70
 Violence against the person was resorted to; or

o bodily injury or harm was caused to person; and
o the violence or bodily injury or harm was “grievous” as defined
in sec 2(j) of Anti-Terrorism Act,1997; or
 Damage was caused to the property; that too of “grievous” nature.
 The doing of a thing likely to cause death; or
o the doing of that thing was likely to endanger a person’s life.
 Person was kidnapped for ransom; and
o such kidnapping for ransom attracted the definition contained in
the section 2(n) of ATA, 1997.
 A person was taken as hostage “within the meaning of section 2(m) ATA,
1997.
 An aircraft had been hijacked; or
o an attempt to hijack an-aircraft within the meaning of section
2(i) of ATA, 1997.
 The accused person incited, hatred and contempt;
o on religious basis; or
o on sectarian basis; or
o on ethnic basis, with a view to,
 Stir up violence, or internal disturbance.
 The incident involved,
o stoning; or
o brick-batting; or
o any other form of mischief.
 The purpose of the accused person was to spread panic.
 There was firing on a religious congregation; or
o Mosque; or
o Imambargah ; or
o Church or Temple; or
o any other place of worship.
 There was a random firing; and
 The purpose of such firing was to spread panic; or
 The incident involved takeover of
o a mosque; or
o any other place of worship.
 Such actual or attempted takeover was forcible.
 The incident had created a risk to safety of the public or any section of
the public.
o the risk to safety of the public or a section of the public was
“serious” as defined in section 2(w) of the ATA, 1997; or
o the incident was designed to frighten the general public.
o the purpose of such frightening of the general public was to
prevent them from coming out and carrying on their lawful
trade and daily business.
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o the incident had disrupted civic life.

 Some vehicles were actually burnt during the incident or an attempt was
made in that regard; or
o the incident involved arson; and
o the form of arson was “serious” as defined in section 2(w) of
ATA, 1997.
 The incident involved actual or attempted extortion of money (“bhatta”)
or property.
 There was an actual or attempted interference with or disruption of a
communication system or a public utility service.
o the purpose of the accused person was to interfere with a
communications system or public utility service.
o the intention of the accused person was to disrupt a
communication system or public utility service.
 The incident involved a public servant; and
o the public servant was coerced or intimidated; and
o the purpose of coercion or intimidation was to force the public
servant to discharge or restrain from discharging his lawful
duties.
 There was violence against a member of the police force or armed force
or civil armed force or public servant.
 The violence was “serious” as defined in section 2(w) of the Anti-
Terrorism Act, 1997.
ACTS INTENDED OR LIKELY TO STIR UP

SECTARIAN HATRED
“Prohibition of acts intended or likely to stir up sectarian hatred. -

Person who: -
a) Uses of threatening, abusive or insulting words or behavior, or

b) Displays, publishes or distributes any written material which is
threatening, abusive or insulting: or
c) Distributes or shows or plays a recording of visual images or
sounds which are threatening, abusive or insulting; or
d) Has in his possession written material or a recording of visual
images or sounds which are threatening, abusive or insulting
with a view to their being displayed or published by himself or
another.
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Shall be guilty of an offence if: -
(i) He intends thereby to stir up sectarian hatred; or

(ii) Having regard t all the circumstances, sectarian hatred is likely to be
stirred up thereby.
 There was a use of threatening, abusive or insulting words or behaviour;

or
 Any written material was displayed, published or distributed which
material was threatening, abusive or insulting; or
 Some recording of visual images or sounds were distributed, shown or
played which visual images or sounds were threatening, abusive or
insulting; or
 Some written material or a recording of visual images or sounds were
kept in possession which written material, visual images or sounds were
threatening, abusive or insulting; and
 Such possession was meant for the written material or recording of visual
images or sounds to be displayed or published by the accused person
himself or by somebody else; and
 The intention of the accused person was to stir up sectarian hatred; or
 The circumstances of the case showed that sectarian hatred was likely to
be stirred up by the above mentioned actions of the accused person.
OFFENCE IN RESPECT OF PROSCRIBED ORGANIZATIONS
128. Section 11-F of the Anti-Terrorism Act, 1997:
“Membership, support and meetings relating to a Proscribed

Organization.-
(1) A person is guilty of an offence if he belongs or professes to belong to a

proscribed organization.
(2) A person guilty of an offence under sub-section (1) shall be liable on
conviction to a term not exceeding six months’ imprisonment and a fine.
(3) A person commits an offence if he-
a) Solicits or invites support of a proscribed organization, and the
support is not, or is not restricted to, the provision of money or
other property; or
b) Arranges, manages or assists in managing or addressing a meeting
which he knows is-
(i) To support a proscribed organization;
(ii) To further the activities of a proscribed organization;
73
or
(iii) To be addressed by a person who belongs or professes
to belong to a proscribed organization.
(4) A person commits an offence if he addresses a meeting or delivers a

sermon to a religious gathering by any means whether verbal, written,
electronic, digital or otherwise, and the purpose of his address or sermon
is to encourage support for a proscribed organization or to further its
activities.
(5) A person guilty of an offence under sub-sections (3), (4) and (5) shall be
liable on conviction to a term of imprisonment not less than one year and
not more than five years and a fine.”
 The accused person belonged or professed to belong to a proscribed

organization; or
 He solicited or invited support for a proscribed organization through
provision of money or other property or through other means; or
 He arranged a meeting which he knew was to support a proscribed
organization; or
 He managed a meeting which he knew was to support a proscribed
organization; or
 He assisted in managing or addressing a meeting which he knew was to
support a proscribed organization; or
 He arranged a meeting which he knew was to further the activities of a
proscribed organization; or
 He managed a meeting which he knew was to further the activities of a
further the activities of a proscribed organization; or
 He arranged a meeting which he knew was to be addressed by a person
who belonged or professed to belong to a proscribed organization; or
 He managed a meeting which he knew was to be addressed by a person
who belonged or professed to belong to a proscribed organization; or
be addressed by a person who belonged or professed to belong to a
 He addressed a meeting by any means whether verbal, written, electronic,
digital or otherwise; and
 The purpose of his address was to encourage support of a proscribed
organization or to further its activities; or
74
 He delivered a sermon to a religious gathering by any means whether

verbal, written, electronic, digital or otherwise; and
 The purpose of his sermon was to encourage support for a proscribed
organization or to further its activities; or
 He solicited funds for a proscribed organization; or
 He collected funds for a proscribed organization; or
 He raised funds for a proscribed organization.
129. Section 11-G of the Anti-Terrorism Act, 1997:
“Uniform.-
(1) A person commits an offence of he-

(a) Wears, carries or displays any article, symbol, or any
flag banner connected with or associated with any
(b) Carries, wears or displays any uniform, item of
clothing or dress in such a way or in such
circumstances as to arouse reasonable suspicion that
he is a member or supporter of a proscribed
organization.
(2) A person who commits any offence under sub-section (1) shall
be liable to imprisonment for a tem which may extend to five
years or with fine or with both”.
 The accused person wore any article, symbol, or any flag or banner
connected with or associated with any proscribed organization; or
 He carried any article, symbol, or any flag or banner connected with or
associated with any proscribed organization; or
 He displayed any article, symbol, or any flag or banner connected with or
associated with any proscribed organization; or
 He carried any uniform, item of clothing or dress in such a way or in such
circumstances as to arouse reasonable suspicion that he was a member or
supporter of a proscribed organization; or
 He wore any uniform, item of clothing or dress in such a way or in such
circumstances as to arouse reasonable suspicion that he was a member of
supporter of a proscribed organization; or
 He displayed any uniform, item of clothing or dress in such a way or in
such circumstances as to arouse reasonable suspicion that he was a
member or supporter of a proscribed organization.
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FUND RAISING FOR TERRORISM
130. Section 11-H of the Anti-Terrorism Act, 1997:
“Fund raising.-

(a) Invites another to provide money or other property, and
(b) Intends that it should be used, or has reasonable cause to
suspect it may be used, for the purpose of terrorism.
(2) A person commits an offence if-
(a) He receive money or other property, and
(b) Intends that it should be used, or has reasonable cause to
suspect that it may be used, for the purpose of terrorism.
(a) Provides money or other property, and
(b) Knows or has reasonable cause to suspect that it will or may
be used for the purpose of terrorism.
(4) In this section a reference to the provision of money or other
property is a reference to its being given, lent or otherwise made
available, whether or not for consideration.”
Basic Ingredients to be proved:
 The accused person invited another to provide money of other property;

and
 He intended that such money or other property should be used for the
purpose of terrorism; or
 He had reasonable cause to suspect that such money or other property
might be used for the purpose of terrorism, or
 The accused person received money or other property; and
might be used for the purpose of terrorism; or
 The accused person provided money or other property; and
 He knew that such money or other property would be used for the
 He knew that such money or other property might be used for the purpose
of terrorism; or
would be used for the purpose of terrorism; or
might be used for the purpose of terrorism.
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131. Section 11-I of the Anti-Terrorism Act, 1997:
“Use and possession.-

A person commits an offence if-
(1) He uses money or other property; and
(2) He-
(a) Possesses money or other property; and
(b) Intends that it should be used, or has reasonable cause
to suspect that it may be used, for the purpose of
terrorism.”
Basic ingredients to be proved;
 The accused person had used money or other property for the purpose of
terrorism; or
 He possessed money or other property; and
purposes of terrorism; or
might be used for the purposes of terrorism.
132. Section 11-J of the Anti-terrorism Act, 1997:
“Funding arrangements.-
(a) Enters into or becomes concerned in an arrangement
as a result of which money or other property is made
available or is to be made available to another, and
(b) Has reasonable cause to suspect that it will or may be
used for the purposes of terrorism.”
 The caused person entered into an arrangement as a result of which

money or other property was made available to another; or
 He became concerned in an arrangement as a result of which money or
other property was made available to another; or
 He entered into an arrangement as a result of which money or other
property was to be made available to another; or
 He became concerned in an arrangement as a result of which money or
other property was to be made available to another; and
would be used for the purpose of terrorism; or
77

might be used for the purposes of terrorism.
MONEY LAUNDERING OF TERRORISM PROPERTY
133. Section 11-K of the Anti-Terrorism Act, 1997:
“Money-laundering.-
(1) A person commits an offence if he enters into or becomes concerned in
any arrangement which facilitates the retention and control, by or on
behalf of another person, of terrorist property-
(a) By concealment,
(b) By removal from the jurisdiction,
(c) By transfer to nominees, or
(d) In any other way.
(2) It is a defence for a person charged with an offence under sub-section (1)
to prove that he did not know and had no reasonable cause to suspect that
the arrangement related to terrorist property.”
 The accused person entered into any arrangement which facilitated the
retention and control by another person of terrorist property by
concealment; or
 He became concerned in any arrangement which facilitated the retention
and control by another person of terrorist property by concealment; or
 He entered into any arrangement which facilitated the retention and
control on behalf of another person of terrorist property b concealment; or
and control on behalf another person of terrorist property by concealment.
retention and control by another person of terrorist property by removal
from the jurisdiction; or
 He became concerned an any arrangement which facilitated the retention
and control by another person of terrorist property by removal from the
jurisdiction; or
 He entered into in any arrangement which facilitated the retention and
control on behalf of another person of terrorist property by removal from
the jurisdiction; or
78

and control on behalf of another person of terrorist property by removal
from the jurisdiction.
retention and control by another person of terrorist property by transfer to
nominees; or
and control by another person of terrorist property by transfer to
nominees; or
control on behalf of another person of terrorist property by transfer to
nominees; or
and control on behalf of another person of terrorist property by transfer to
nominees.
retention and control by another person of terrorist property in any other
way; or
and control by another person of terrorist property in any other way; or
control on behalf of another person of terrorist property in any other way;
or
and control on behalf of another person of terrorist property in any other
way.
DIRECTING TERRORIST ACTIVITIES
134. Section 11-V of the Anti-Terrorism Act, 1997:
“Directing terrorist activities.-

(a) Directs any level, whilst resident in Pakistan or abroad,
activities of an organization concerned with the preparation,
instigation or commission of acts of terrorism; or
(b) Directs, from within the country or abroad, activities
connected with the commission, preparation or instigation of
an act of terrorism.
(2) A person guilty of an offence under sub-section (1) shall be liable on
conviction to imprisonment for life and to forfeiture or confiscation of his
asset within or outside Pakistan.
79
 The accused person directed, at any level, whilst resident in Pakistan,

activities of an organization concerned with the preparation of acts of
terrorism; or
 He directed, at any level, whilst resident abroad, activities of an
organization concerned with the preparation of acts of terrorism; or
 He directed, at any level, whilst resident in Pakistan, activities of an
organization concerned with the instigation of acts of terrorism; or
organization concerned with the instigation of acts of terrorism; or
 He directed, at any level, whilst resident in Pakistan, activities of an
organization concerned with the commission acts of terrorism; or
organization concerned with the commission of acts of terrorism, or
 He directed, from within the country, activities connected with the
commission of an act of terrorism; or
 He directed form abroad, activities connected with the commission of an
act of terrorism; or
preparation of an act of terrorism; or
 He directed, from abroad, activities connected with the preparation of an
act of terrorism; or
instigation of an act of terrorism; or
 He directed, from abroad, activities connected with the instigation of an
act of terrorism.
135. Section 11-W of the Anti-Terrorism Act, 1997:
“Printing, publishing or disseminating any material to incite hatred or

giving projection to any person convicted to any person convicted for a
terrorist act or any proscribed organization or an organization placed
under observation or anyone concerned in terrorism.-
(1) A person commits an offence if he prints, published or disseminates any

material, whether by audio or video-cassettes or by written, photographic,
electronic, digital, wall-chalking or any other method which incites
religious, sectarian or ethnic hatred or gives projection to any person
convicted for a terrorist act, or any person or organization concerned in
terrorism or proscribed organization or an organization placed under
observation:
Provided that a factual news report, made in good faith, shall not be
construed to mean “projection” for the purposes of this section.
80
(3) Any person guilty of an offence under sub-section (1) shall be

punished on conviction with imprisonment which may extend to
five years and with imprisonment which may extend to five
years and with fine.”
 The accused person printed an material; or

 He published any material; or
 He disseminated any material by audio-cassette; or
 He disseminated any material by video-cassette; or
 He disseminated any written material; or
 He disseminated any photographic material; or
 He disseminated any electronic material; or
 He disseminated any digital material; or
 He disseminated any material through wall-chalking; or
 He disseminated any material through any other method; and
 Such material incited religious hatred; or
 Such material incited sectarian hatred; or
 Such material incited ethnic hatred; or
 Such material gave projection to any person convicted for a terrorist act;
or
 Such material gave projection to any person concerned in terrorism; or
 Such material gave projection to any proscribed organization; or
 Such material gave projection to an organization placed under
observation.
RESPONSIBILITY FOR CREATING CIVIL COMMOTION
136. Section 11-X of the Anti-Terrorism Act, 1997:
“Responsibility for creating civil commotion.-
(1) A person commits an offence if he makes any call for action or

shut-down, imposed through the use or threat of force resulting in
damage or destruction of property or injury to person, to intimidate
citizens and prevent them from carrying out their lawful trade or
business activity.
(2) A person guilty of an offence under sub-section (1) shall on
conviction be punishable with imprisonment for a term not less
than five years and not more than ten years and shall pay
compensation as may be determined by the Court, form the funds
of the organization to which he belongs or from his own personal
81
resources or assets for the hurt or damage or destruction caused as

a result of the commission of the offence under sub-section (1).
(3) A person commits an offence of the addresses a meeting or
gathering or delivers a sermon to religious gathering by any means
whether verbal, written, electronic, digital or otherwise to incite
religious, sectarian or ethnic hatred an contempt, and shall, on
conviction, be punishable with imprisonment for not less than five
years and not more than ten years or with fine or with both.
 The accused person made any call for action; or

 He made call for shut down; and
 The call was imposed through the use of force; or
 The call was imposed through the threat force; and
 As a result of such call and its imposition some damage of property had
been caused; or
 As a result of such call and its imposition some destruction of property
had been caused; or
 As a result of such call and its imposition some injury to any person had
been caused; and
 The motive on the part of the accused person was to intimidate citizens
and to prevent them from carrying out their lawful trade or business
activity.
 The accused person addressed a meeting; or
 He delivered a sermon to religious gathering; and
 Such address or sermon was delivered by any means whether verbal,
written, electronic, digital or otherwise; and
 His motive was to incite religious hatred and contempt; or
 His motive was to incite sectarian hatred and contempt; or
 His motive was to incite ethnic hatred and contempt.
DISCLOSURE ABOUT OR INTERFERENCE WITH TERRORIST

INVESTIGATION
137. Section 21-A(6) of the Anti-Terrorism Act, 1997:
“Where a person knows or has reasonable cause to suspect that a terrorist

investigation is being conducted or is proposed to be conducted, a person
commits an offence if he-
(a) Discloses to another, or others, anything which is likely to

prejudice an investigation; or
82
(b) Interferes who material which is likely to be relevant to an

investigation.”
 The accused person knew that a terrorist investigation was being

conducted; or
 He knew that a terrorist investigation was proposed to be conducted; and
 He disclosed to another, or others, anything which was likely to prejudice
the investigation; or
 He interfered with material which was likely to be relevant to the
investigation
WEAPONS TRAINING AND TRAINING IN TERRORISM
138. Section 21-C of the Anti-Terrorism Act, 1997:
“Training.-
(1) Weapons Training: A person commits an offence if he provides, without

valid authorization from the competent authority, any instruction or
training in the making or use of-
(a) Fire-Arms;
(b) Explosives; or
(c) Chemical, biological, and other weapons.
(2) A persons commits an offence if he provides, without valid authorization

from the competent authority, any instruction or training to any child
under sub-section (1) and, upon conviction, shall be liable to a term of
imprisonment of not less than ten years and fine.
(3) A persons commits an offence if he receives instruction or training from
anyone, without valid authorization from the competent authority, to give
such instruction or training or invites another, specifically or generally, to
receive such unauthorized instruction or training in the making or use of-
(a) Fire-Arms;
(b) Explosives; or
(4) A child commits an offence if he provides, without valid authorization
from the competent authority, any instruction or training, or if he receives
such unauthorized instruction or training or invites another, specifically or
generally, to received such unauthorized instruction or training in the
making or use of-
(a) Fire-Arms;
(b) Explosives; or
83

(5) A child guilty of an offence under sub-section (4) shall be liable on
conviction to imprisonment for a term not less than six months and not
exceeding five years.
(6) A person guilty of an offence under-subsections (1) and (3) shall be liable
on conviction to imprisonment for a term not exceeding ten years or fine
or with both.
(7) Training in terrorism-
(a) A person commits an offence if he provides, generally or
specifically, any instruction or training in acts or terrorism.
(b) A person commits an offence if he receives any instruction or
training in acts of terrorism or invites another, specifically or
generally, to receive such instruction or training.
(c) A person guilty of an offence under sub-sections (a) and (b) shall,
on conviction, be liable to imprisonment of either description for a
term of not less than one year and not more than ten years and fine.
(d) A person is guilty of an offence if he provides any instruction or
training in acts of terrorism to a child and shall be liable on
conviction to imprisonment of either description for a term not less
than one year and not more than ten years and fine.
(e) A child commits an offence if he provides, generally or
specifically, any instruction or training in acts of terrorism and, on
conviction, shall be liable to imprisonment for a term not less than
six month and not more than five years.
(f) A child commits an offence if he receives, generally or
specifically, instruction or training in acts of terrorism and, on
conviction, shall be liable to imprisonment for a term not less than
six months and not more than five years.
(8) A Court by which a person is convicted of an offence under this section,

may order the forfeiture of anything or property which it considers to have
been in the person’s possession for purposes connected with the offence,
after giving any person , other than the convicted person, who claims to be
the owner or is otherwise interested, an opportunity of being heard.”
 The accused person had provided any instruction or training in the

making or use of fire-arms, explosives or chemical, biological, and other
weapons; and
 He had no valid authorization from the competent authority to impart
such instruction or training.
84
 The accused person had provided any instruction or training to any child
in the making or use of fire-arms, explosives or chemical, biological, and
other weapons; and
 He had no valid authorization from the competent authority to impart
such instruction or training.
 The accused person had received instruction or training from anyone to
give such instruction or training, specifically or generally, in the making
or use of fire-arms, explosives or chemical, biological, and other
weapons; or
 He invited some other person, specifically or generally, to receive such
unauthorized instruction or training in the making or use of fire-arms,
explosives or chemical, biological, and other weapons; and
 He had no valid authorization from the competent authority in that regard.
 The accused person was a child; and
 He provided any instruction or training in the making ore use of fire-arms
explosives or chemical, biological, and other weapons and other
weapons; and
 He had received such unauthorized instruction or training in the making
or use of fire-arms, explosives or chemical, biological, and other
weapons; or
 He invited another, specifically or generally, to receive such unauthorized
instruction or training in the making or use of fire-arms, explosives or
chemical, biological, and other weapons; and
 He had no valid authorization from the competent authority in that regard.
 The accused person had provided, generally or specifically, an instruction
or training in acts of terrorism; or
 He had received any instruction or training in acts of terrorism; or
 He had invited another, specifically or generally, to receive such
instruction or training; or
 He had provided any instruction or training in acts of terrorism to a child.
 The accused person was a child; and
 He had provided, generally or specifically, any instruction or training in
acts of terrorism; or
 He had received, generally or specifically, instruction or training in acts
of terrorism.
AIDING, ABETTING AND HARBOURING
139. Section 21-I of the Anti-Terrorism Act, 1997:
“Aid and abetment.-

85
Whoever aids of abets any offence under this Act shall be punished with
maximum term of same imprisonment provided for the offence or the fine
provided for such offence or with both.”
 The accused person had aided the offence; or

 He had abetted the offence.
140. Section 21-J of the Anti-Terrorism Act, 1997:
“Harbouring. –
(1) A person commits an offence if he harbours any person who has

committed an offence under this Act.
(2) A person guilty of an offence under sub-section (1) shall be liable
on conviction to punishment as provided in Section 216 and 216-A
of the Pakistan Penal Code (Act XLV of 1860).”
Basic ingredients to provided:
 The accused person had harboured a person; and

 The person harboured had committed an offence under this Act.
The words “who has committed an offence under the Act” do not mean that the
person harboured should be a person who has already been convicted for an
offence under this Act. A person accused of committing an offence under this
Act, is also included in the purview of this section.
ABSOCONDER
141. Section 21-L of the Anti-Terrorism Act, 1997:
“Whoever being accused of an offence under this Act, absconds and

avoids arrest or evades appearance before any inquiry, investigation or
Court proceedings or conceals himself, and obstructs the course of
justice, shall be liable to imprisonment for a term not less than five years
and not more than ten years or with fine or with both.”
 The person concerned was accused of an offence under this Act; and
 He had absconded; or
 Had avoided arrest; or
86
 He had evaded appearance before an inquiry; or

 He had evaded an investigation; or
 He had evaded Court proceedings; or
 He had concealed himself; and
 He had obstructed the course of justice.
DEFECTIVE INVESTIGATION
“Punishment for defective investigation. –
If an Anti-Terrorism Court or a High Court comes to the conclusion

during the course of or at the conclusion of the trial that the investigating
officer or other concerned officers have failed to carry out the
investigation properly or diligently or have failed to pursue the case
properly and in breach of their duties shall be lawful for such Court or, as
the case may be, High Court or, to punish the delinquent officers with
imprisonment which may extend to two years or with fine or with both by
resort to summary proceedings.”
 An Anti-Terrorism Court or a High Court had come to a conclusion; and

 Such conclusion had been reached during the course of or at the
conclusion of the trial; and
 The conclusion was that the investigating officer had failed to carry out
the investigation properly; or
 The conclusion was that the investigating officer had failed to carry out
the investigating diligently; or
 The conclusion was that the investigating officer had failed to pursue the
case properly; or
 The conclusion was that the investigating officer had committed breach
of his duties; or
 The conclusion was that the other concerned officers had failed to carry
out the investigation properly; or
 The conclusion was that the other concerned officers had failed to carry
out the investigation diligently; or
 The conclusion was that the other concerned officers had failed to pursue
the case properly; or
 The conclusion was that the other concerned officers had committed
breach of their duties.

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1

ASHTAR AUSAF ALI

© PAKISTAN LAW HOUSE 2012

GOVERNMENT OF THE PUNJAB CRIMINAL PROSECUTION

It can be said that a prosecutor is not entitled to act as if representing private

In all criminal proceedings, it is the responsibility of the Prosecutor to establish

Ashtar Ausaf Ali

18. 167 Public servant framing an incorrect document with

41. 321 Qatl-bis-sabab.

causing death or hurt.

124. 504 Intentional insult with intent to provoke breach of

2. Section 34 of the Pakistan Penal Code,1860

Acts done by several persons In furtherance of common intention.

When a criminal act is done by several persons, in furtherance of the

Basic ingredients to be proved:

3. Section 109 of the Pakistan Penal Code,1860

Punishment of abetment if the Act abetted committed In consequence and

Whoever abets any offence shall, if the act abetted is committed in

Basic ingredients to be proved:

4. Section 121 of the Pakistan Penal Code,1860

Waging or attempting to wage war or abetting waging of war against

Whoever wages war against Pakistan, or attempts to wage such war, or

Basic ingredients to be proved:

o attempted to wage war;

5. Section 121-A of the Pakistan Penal Code,1860

Conspiracy to commit offences punishable by Section 121:

“whoever within or without Pakistan conspires to commit any of the

Basic ingredients to be proved:

6. Section 122 of the Pakistan Penal Code,1860

Collecting arms, etc., with intention of waging war against Pakistan:

Whoever collects men, arms or ammunition or otherwise prepares to wage

Basic ingredients to be proved:

7. Section 123 of the Pakistan Penal Code ,1860

Concealing with intent to facilitate design to wage war:

Whoever, by any act, or by any illegal omission, conceals the existence of

Basic ingredients to be proved:

 That a design to wage war against the Government of Pakistan exists in

8. Section 124 of the Pakistan Penal Code,1860

Assaulting President, Governor, etc., with intention to compel or restrain

Whoever, with the intention of inducing or compelling the President of

Basic ingredients to be proved:

9. Section 124-A of the Pakistan Penal Code,1860

Basic ingredients to be proved:

 The accused spoke or wrote words or made signs or visible

10. Section 141 of the Pakistan Penal Code,1860

First : To overawe by criminal force, or show of criminal force, the Federal

Second: To resist the execution of any law, or of any legal process, or

Third : To commit any mischief or criminal trespass, or other offence; or

Fourth: By means of criminal force, or show of criminal force, to any person to

Fifth : By means of criminal force, or show of criminal force, to compel any

Basic ingredients to be proved:

 The assembly consisted of five or more persons.

11. Section 146 of the Pakistan Penal Code, 1860

Basic ingredients to be proved:

 Use of force or violence by an unlawful assembly results in the offence of

12. Section 148 of the Pakistan Penal Code,1860

Rioting, armed with deadly weapon:

Whoever is guilty of rioting, being armed with a deadly weapon or with

 In prosecution of the common object, the unlawful assembly used

13. Section 149 of the Pakistan Penal Code,1860

Every member of unlawful assembly guilty of offence committed in

“If an offence is committed by any member of an unlawful assembly in

Basic ingredients to be proved: