HOME

TheInfoList



OR:

The Pakistan Penal Code (; ), abbreviated as PPC, is a
penal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
for all offences charged in
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
. It was originally prepared by
Lord Macaulay Thomas Babington Macaulay, 1st Baron Macaulay, (; 25 October 1800 – 28 December 1859) was a British historian and Whig politician, who served as the Secretary at War between 1839 and 1841, and as the Paymaster-General between 1846 and 1 ...
with a great consultation in 1860 on the behalf of the
Government of India The Government of India ( ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, ...
as the
Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
. After the
independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the stat ...
in 1947, Pakistan inherited the same code and 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 The Parliament of Pakistan ( ur, , , "Pakistan Advisory Council" or "Pakistan Consultative Assembly") is the federal and supreme legislative body of Pakistan. It is a bicameral federal legislature that consists of the Senate as the upper ...
.


History

The draft of the (British) Indian Penal Code was prepared by the First Law Commission and it was chaired by
Lord Macaulay Thomas Babington Macaulay, 1st Baron Macaulay, (; 25 October 1800 – 28 December 1859) was a British historian and Whig politician, who served as the Secretary at War between 1839 and 1841, and as the Paymaster-General between 1846 and 1 ...
. 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 Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, commer ...
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
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. Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to
politics Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
and
literature Literature is any collection of Writing, written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to ...
, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example, even cyber crimes can be punished under the code.


Jurisdiction

Section 1. Title and extent of operation of the Code. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan. * Section 4 The provisions of this Code apply also to any offence committed by:- * (1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan; * (4) any person on any ship or aircraft registered in Pakistan wherever it may be. Explanation: In this section the word "offence" includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code. Extension of Code to extraterritorial offences.


Punishments

* Section 53. The punishments to which offenders are liable under the provisions of this Code are: * First,
Qisas ''Qisas'' or ''Qiṣāṣ'' ( ar, قِصَاص, Qiṣāṣ, lit=accountability, following up after, pursuing or prosecuting) is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, Amer ...
("retribution"); * Second, Diyat; * Third, Arsh− (Pre-specified Compensation); * Fourth, Daman (Compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh); * Fifth, Ta'zir (punishment, usually corporal, that can be administered at the discretion of a judge) * Sixth, Death; * Seventh, Imprisonment for life; * Eighth, Imprisonment which is of two descriptions, namely:-- :# Rigorous (i.e., with hard labour); :# Simple; * Ninth, Forfeiture of property; * Tenth, 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.


See also

*
Section 420 Section 420 in the Indian Penal Code deals with ''Cheating'' and ''dishonestly inducing delivery of property''. The maximum punishment which can be awarded under this section is imprisonment for a term of 7 year and fine. Definitions :* Chea ...
* Court system of Pakistan * Blasphemy law in Pakistan *
Copyright protection in Pakistan The basic legal instrument governing copyright law in Pakistan is the ''Copyright Ordinance, 1962'' as amended by the ''Copyright (Amendment) Ordinance, 2000''. Copyright Ordinance, 1962 Objects of copyright According to section 10 copyright ...
* Gay rights in Pakistan * Hudood Ordinance * Women related laws in Pakistan


References


External links


Full text of the Pakistan Penal Code
– up-to-date with all amendments – Pakistani.org
Pakistan Penal Code 1860
– pakistancode.gov.pk {{Judiciary of Pakistan, state=expanded Pakistani legislation Government documents of Pakistan Criminal codes 1947 establishments