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Pakistan Penal Code

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Penal code for all offences charged in Pakistan

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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 extentPakistan
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
seeAmendments
Status: In force (amended)

ThePakistan Penal Code (Urdu:مجموعہ تعزیرات پاکستان;Majmū'ah-yi ta'zīrāt-i Pākistān), abbreviated asPPC, is apenal code for all offences charged inPakistan. After thecreation of Pakistan in 1947, the country inherited theIndian Penal Code (IPC), originally prepared byLord Macaulay in 1860 on behalf of thegovernment of British India. Subsequently after several amendments by different governments, in Pakistan it is now amixture of Islamic and English law. Presently, the Pakistan Penal Code is still in effect and can be amended by theParliament 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 byLord 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 SirBarnes Peacock, Chief Justice, and puisne Judges of theCalcuttaSupreme Court who were members of theLegislative 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 topolitics andliterature, 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, evencybercrimes 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]
ChapterSections coveredClassification of offences
Chapter ISections 1—5Introduction
Chapter IISections 6—52AGeneral Explanations
Chapter IIISections 53—75Of Punishments
Chapter IVSections 76—106General Exceptions
Chapter VSections 107—120OfAbetment
Chapter VASections 120A—120BCriminal Conspiracy
Chapter VISections 121—130Of Offences against the State
Chapter VIISections 131—140Of Offences relating to the Army, Navy and Air Force
Chapter VIIISections 141—160Of Offences against the Public Tranquillity
Chapter IXSections 161—171Of Offences by or relating toPublic Servants
Chapter IXASections 171A—171IOf Offences Relating to Elections
Chapter XSections 172—190Of Contempts of Lawful Authority of Public Servants
Chapter XISections 191—229Of False Evidence and Offences against Public Justice
Chapter XIISections 230—263Of Offences relating to coin andGovernment Stamps
Chapter XIIISections 264—267Of Offences relating to Weight and Measures
Chapter XIVSections 268—294Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals.
Chapter XVSections 295—298Of Offences relating to Religion
Chapter XVISections 299—377Of Offences affecting the Human Body.
Chapter XVIISections 378—462Of Offences Against Property
Chapter XVIIIASections 462A—462FOf Offences relating to Oil and Gas, etc
Chapter XVIIISection 463—489EOffences relating to Documents and Property Marks
  • Offences relating to Documents (Sections 463—477A)
  • Offences relating to Property and Other Marks (Sections 478—489E)
Chapter XIXSections 490—492Of the Criminal Breach of Contracts of Service
Chapter XXSections 493—498Of Offences related to marriage
Chapter XXASection 498A—498BOf Cruelty by Husband or Relatives of Husband
Chapter XXISections 499—502Of Defemation
Chapter XXIISections 503—510Of Criminal Intimidation, Insult and Annoyance
Chapter XXIIISection 511A—511BOf 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 byamendments 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 theFederal 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 includeprovincial amendments to the Pakistan Penal Code.

S. No.Short title of amending legislation[7][3]TypeNo.Year
1Adaptation of Central Acts and Ordinances Order, 1949Ordinance41949
2Criminal Law (Amendment) Act, XXXVII of 1953Ordinance371953
3Pakistan Penal Code (Amendment) Ordinance, LIX of 1962Ordinance591962
4Pakistan Penal Code (Amendment) Act, XX of 1965Legislative Act201965
5Pakistan Penal Code (Amendment) Act, XXVII of 1970Legislative Act271970
6Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979Ordinance71979
7Pakistan Penal Code (Second Amendment) Ordinance, XLIV of 1980Ordinance441980
8Pakistan Penal Code (Amendment) Ordinance, XLI of 1980Ordinance411980
9Criminal Laws (Amendment) Ordinance, III of 1980Ordinance31980
10Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981Ordinance271981
11Pakistan Penal Code (Second Amendment) Ordinance, XXX of 1981Ordinance301981
12P.P.C. (Amendment) Ordinance, I of 1982Ordinance11982
13Anti-lslamic Activities Ordinance XX of 1984Ordinance201984
14Criminal Law (Amendment) Ordinance, XXIV of 1984Ordinance241984
15Criminal Law (Amendment) Act, III of 1990Legislative Act31990
16Criminal Law (Amendment) Act, VII of 1993Legislative Act71993
17Criminal Law (Amendment) Act, I of 1996Legislative Act11996
18Pakistan Penal Code (Amendment) Act, XVI of 1996Legislative Act161996
19Anti-Terrorism Act, XXVII of 1997Legislative Act271997
20Criminal Law (Amendment) Act, II of 1997Legislative Act21997
21Criminal Law (Amendment) Ordinance, LXXXV of 2002Ordinance852002
22Criminal Laws (Reforms) Ordinance, LXXXVI of 2002Ordinance862002
23Criminal Law (Amendment) Act, I of 2005Legislative Act12005
24Protection of Women (Criminal Laws Amendment) Act, 2006Legislative Act62006
25Criminal Law (Amendment) Act, I of 2010Legislative Act12010
26Criminal Law (Amendment) Act, XX of 2011Legislative Act202011
27Criminal Law (Second Amendment) Act, XXV of 2011Legislative Act252011
28Criminal Law (Third Amendment) Act, XXVI of 2011Legislative Act262011
29Criminal Law (Amendment) Act, XXIII of 2012Legislative Act232012
30Criminal Law (Amendment) Act, VI of 2016Legislative Act62016
32Criminal Law (Amendment) (Offences on pretext of honour) Act, XLIII of 2016Legislative Act432016
31Criminal Law (Amendment) (Offense of Rape) Act, 2016Legislative Act442016
33Criminal Law (Amendment) Act, IV of 2017Legislative Act42017
34Criminal Law (Amendment) Act, II of 2024Legislative Act22024

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. ^ab"NATLEX - Pakistan - Pakistan Penal Code (XLV of 1860)".natlex.ilo.org. Retrieved30 July 2025.
  4. ^ab"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. Retrieved29 July 2024.
  6. ^"Pakistan Penal Code (Act XLV of 1860)-Act XLV of 1860".www.Pakistan.org. Retrieved29 July 2024.
  7. ^"Pakistan Penal Code (Act XLV of 1860)".www.pakistani.org. Retrieved30 July 2025.

External links

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