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Pakistan Penal Code

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Pakistan Penal Code (Act XLV of 1860)
Governor-General of Pakistan (Law Div)
Imperial Legislative Council
CitationAct XLV of 1860
Territorial extent Pakistan
Enacted byGovernor-General of Pakistan (Law Div)
Imperial Legislative Council
Enacted6 October 1860
Commenced1 January 1862
28 March 1949
Authorizing legislationAdaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949)
Committee reportFirst Law Commission
Amended by
see Amendments
Status: In force (amended)

The Pakistan Penal Code (Urdu: مجموعہ تعزیرات پاکستان; Majmū'ah-yi ta'zīrāt-i Pākistān), abbreviated as PPC, is a penal code for all offences charged in Pakistan. After the creation of Pakistan in 1947, the country inherited the Indian Penal Code (IPC), originally prepared by Lord Macaulay in 1860 on behalf of the government of British India. Subsequently after several amendments by different governments, in Pakistan it is now a mixture of Islamic and English law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Parliament of Pakistan.[1]

History

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The draft of the Indian Penal Code was prepared by the First Law Commission, and it was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and puisne Judges of the Calcutta Supreme Court who were members of the Legislative Council, and it was passed into law in 1860. Macaulay did not survive to see the Penal Code's enactment.[2]

Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example, even cybercrimes can be punished under the code.

Structure

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The Pakistan Penal Code (PPC) consists of 23 chapters,[3] and 511 sections covering various offenses and regulations. The PPC's jurisdiction applies throughout Pakistan and anyone who resides in the country.[4]

Pakistan Penal Code (PPC); Sections 1 to 511[4]
Chapter Sections covered Classification of offences
Chapter I Sections 1—5 Introduction
Chapter II Sections 6—52A General Explanations
Chapter III Sections 53—75 Of Punishments
Chapter IV Sections 76—106 General Exceptions
Chapter V Sections 107—120 Of Abetment
Chapter VA Sections 120A—120B Criminal Conspiracy
Chapter VI Sections 121—130 Of Offences against the State
Chapter VII Sections 131—140 Of Offences relating to the Army, Navy and Air Force
Chapter VIII Sections 141—160 Of Offences against the Public Tranquillity
Chapter IX Sections 161—171 Of Offences by or relating to Public Servants
Chapter IXA Sections 171A—171I Of Offences Relating to Elections
Chapter X Sections 172—190 Of Contempts of Lawful Authority of Public Servants
Chapter XI Sections 191—229 Of False Evidence and Offences against Public Justice
Chapter XII Sections 230—263 Of Offences relating to coin and Government Stamps
Chapter XIII Sections 264—267 Of Offences relating to Weight and Measures
Chapter XIV Sections 268—294 Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals.
Chapter XV Sections 295—298 Of Offences relating to Religion
Chapter XVI Sections 299—377 Of Offences affecting the Human Body.
Chapter XVII Sections 378—462 Of Offences Against Property
Chapter XVIIIA Sections 462A—462F Of Offences relating to Oil and Gas, etc
Chapter XVIII Section 463—489E Offences relating to Documents and Property Marks
  • Offences relating to Documents (Sections 463—477A)
  • Offences relating to Property and Other Marks (Sections 478—489E)
Chapter XIX Sections 490—492 Of the Criminal Breach of Contracts of Service
Chapter XX Sections 493—498 Of Offences related to marriage
Chapter XXA Section 498A—498B Of Cruelty by Husband or Relatives of Husband
Chapter XXI Sections 499—502 Of Defemation
Chapter XXII Sections 503—510 Of Criminal Intimidation, Insult and Annoyance
Chapter XXIII Section 511A—511B Of Attempts to Commit Offences

Section 53 (Punishments)

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The punishments to which offenders are liable under the provisions of this Code are:

  1. Qisas ("retribution");
  2. Diyat;
  3. Arsh (Pre-specified Compensation);
  4. Daman (Compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh);
  5. Ta'zir (punishment, usually corporal, that can be administered at the discretion of a judge)
  6. Death;
  7. Imprisonment for life;
  8. Imprisonment, which is of two descriptions, namely:--
    1. Rigorous (i.e., with hard labour);
    2. Simple;
  9. Forfeiture of property;
  10. Fine

First five punishments are added by amendments and are considered Islamic Punishments, and very few have been sentenced to these punishments so far. Anyone who is sentenced to the first five punishments can appeal to the Federal Shariat Court.

PPC Criminal Offences

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This law states that any person who commits a crime within Pakistan will be punished according to the laws of Pakistan and no other laws.[5]

  • 378. Theft (Offences Against Property):
    • Theft occurs when a person intentionally takes movable property from another person without their consent. This act involves moving the property with the intent to steal it. The property must be capable of being moved, and consent to take it can be explicit or implied. Even causing an animal to move property unintentionally can constitute theft. However, taking something unintentionally or believing it to be one's own property does not constitute theft.
    • 379. Punishment for Theft (Offences Against Property): Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
  • 383. Extortion:
    • Extortion occurs when a person intentionally instills fear of harm in another individual to dishonestly obtain property, valuable securities, or documents that can be transformed into valuable securities. This includes threats such as defamation, kidnapping, or property damage.
    • 384. Punishment for extortion: Whoever, commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
  • 425. Mischief:
    • Mischief occurs when someone intentionally or recklessly destroys or damages property, causing wrongful loss or harm to the public or an individual. This includes actions that diminish the property's value, utility, or causes harm in any way. The intent to harm the property owner is not necessary; it is sufficient to intend to cause harm to anyone through property damage. Mischief can be committed against one's own property or jointly owned property.
    • 426. Punishment for mischief: Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
  • 441. Criminal trespass:
    • Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".
    • 447. Punishment for criminal trespass: Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to Rs 1500, or with both.
  • 442. House-trespass:
    • Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass". Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house trespass.
    • 448. Punishment for house-trespass: Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to Rs 3000, or with both.[6]

Amendments

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Does not include provincial amendments to the Pakistan Penal Code.

S. No. Short title of amending legislation[7][3] Type No. Year
1 Adaptation of Central Acts and Ordinances Order, 1949 Ordinance 4 1949
2 Criminal Law (Amendment) Act, XXXVII of 1953 Ordinance 37 1953
3 Pakistan Penal Code (Amendment) Ordinance, LIX of 1962 Ordinance 59 1962
4 Pakistan Penal Code (Amendment) Act, XX of 1965 Legislative Act 20 1965
5 Pakistan Penal Code (Amendment) Act, XXVII of 1970 Legislative Act 27 1970
6 Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 Ordinance 7 1979
7 Pakistan Penal Code (Second Amendment) Ordinance, XLIV of 1980 Ordinance 44 1980
8 Pakistan Penal Code (Amendment) Ordinance, XLI of 1980 Ordinance 41 1980
9 Criminal Laws (Amendment) Ordinance, III of 1980 Ordinance 3 1980
10 Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981 Ordinance 27 1981
11 Pakistan Penal Code (Second Amendment) Ordinance, XXX of 1981 Ordinance 30 1981
12 P.P.C. (Amendment) Ordinance, I of 1982 Ordinance 1 1982
13 Anti-lslamic Activities Ordinance XX of 1984 Ordinance 20 1984
14 Criminal Law (Amendment) Ordinance, XXIV of 1984 Ordinance 24 1984
15 Criminal Law (Amendment) Act, III of 1990 Legislative Act 3 1990
16 Criminal Law (Amendment) Act, VII of 1993 Legislative Act 7 1993
17 Criminal Law (Amendment) Act, I of 1996 Legislative Act 1 1996
18 Pakistan Penal Code (Amendment) Act, XVI of 1996 Legislative Act 16 1996
19 Anti-Terrorism Act, XXVII of 1997 Legislative Act 27 1997
20 Criminal Law (Amendment) Act, II of 1997 Legislative Act 2 1997
21 Criminal Law (Amendment) Ordinance, LXXXV of 2002 Ordinance 85 2002
22 Criminal Laws (Reforms) Ordinance, LXXXVI of 2002 Ordinance 86 2002
23 Criminal Law (Amendment) Act, I of 2005 Legislative Act 1 2005
24 Protection of Women (Criminal Laws Amendment) Act, 2006 Legislative Act 6 2006
25 Criminal Law (Amendment) Act, I of 2010 Legislative Act 1 2010
26 Criminal Law (Amendment) Act, XX of 2011 Legislative Act 20 2011
27 Criminal Law (Second Amendment) Act, XXV of 2011 Legislative Act 25 2011
28 Criminal Law (Third Amendment) Act, XXVI of 2011 Legislative Act 26 2011
29 Criminal Law (Amendment) Act, XXIII of 2012 Legislative Act 23 2012
30 Criminal Law (Amendment) Act, VI of 2016 Legislative Act 6 2016
32 Criminal Law (Amendment) (Offences on pretext of honour) Act, XLIII of 2016 Legislative Act 43 2016
31 Criminal Law (Amendment) (Offense of Rape) Act, 2016 Legislative Act 44 2016
33 Criminal Law (Amendment) Act, IV of 2017 Legislative Act 4 2017
34 Criminal Law (Amendment) Act, II of 2024 Legislative Act 2 2024

See also

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References

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  1. ^ "Private Bills - Penal" (PDF). senate.gov.pk.
  2. ^ NEELAMALAR, M. (3 November 2009). MEDIA LAW AND ETHICS. PHI Learning Pvt. Ltd. ISBN 9788120339743.
  3. ^ a b "NATLEX - Pakistan - Pakistan Penal Code (XLV of 1860)". natlex.ilo.org. Retrieved 30 July 2025.
  4. ^ a b "The Pakistan Penal Code, 1860" (PDF). SHERLOC, United Nations Office on Drugs and Crime. 2017.
  5. ^ "Pakistan Penal Code (Act XLV of 1860)-Act XLV of 1860". www.Pakistan.org. Retrieved 29 July 2024.
  6. ^ "Pakistan Penal Code (Act XLV of 1860)-Act XLV of 1860". www.Pakistan.org. Retrieved 29 July 2024.
  7. ^ "Pakistan Penal Code (Act XLV of 1860)". www.pakistani.org. Retrieved 30 July 2025.


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