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THE
PAKISTAN PENAL CODE
1860
[16th November 1860]

Q No.1- When PPC was enacted?

Ans: PPC was enacted on 16th November 1860.

Moveable property (Section 22):-

The movable property includes corporeal property of every description except land and
thing attached to the earth or permanently fastened to anything which is attached to the
earth.

(Section 23) Wrongful gain & wrongful loss:-

Wrongful gain:- The wrongful gain is gain by unlawful means of property to which the
person gaining is not legally entitled.

Wrong loss:- Wrongful loss is the loss by unlawful means of property to which the person
losing it's legally entitled.

(Section 24) Dishonestly:-

Whoever does anything intending to cause wrongful gain to one person or wrongful use to
other person is a Dishonestly.

(Section 25) Fraudulently:-

If a person does a thing with intent to defraud anyone but not otherwise.

(Section 28) Counterfeit:-

When a person causes anything to resemble any other to cause deception or knows it to be
practised.

(Section 29) Document:-

The word document denotes any matter expressed or described upon any substance by
means by letter, figures or marks, or by more than one of those means, intended to be used
or which may be used as evidence of that matter.

(Section ________) Valuable Security:-

A document whereby any legal right is created, extending, transferred, restricted,
extinguished or released or whereby any person acknowledges that he lies under legal
liability or has a certain legal right.

(Section 41) Special Law:-

A special law is a law applicable to a particular subject.

(Section 42) Local Law:-

Local law is a law applicable only to a particular part of the territories comprised in
Pakistan.

(Section 52) Good Faith:-

Nothing is without due care and intention.
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Q No.2 (Section 53) Define Punishment and its kinds:-

Ans: Any fine, penalty or confinement inflicted upon a person by the Authority of law for
some crime or offence committed by him.

Kinds of Punishment:-
1. Qisas (Under Section 299-k PPC):- Causing hurt on the same part of the body in a similar
way as to cause the death of another (Qisas is a similar injury on the same part of the body
of the offender).

2. Diyat (Under Section 299 –e PPC):- Diyat means the compensation payable only in the
cases of Qatal not in cases of hurt. It is paid to the legal heirs of the deceased. According
to section 323 PPC amount of Qisas is not less than 30630 grams of silver, payable in
instalments within three years or in a lump sum.

3. Arsh (Under Section 299-b PPC):- It is the compensation related to the various kinds of
hurt payable to the legal heirs of the victim. It is accessed at a certain percentage of the
value of Diyat. Payable in lump sum or instalments within three years from the date of final
judgment.

4. Daman (Under Section 299-d PPC):- It is compensation determined by Court payable to

the victim in the hurt cases not amounting to Arsh.

5. Tazir (Under Section 299-i PPC):- Tazir means imposition of fine imprisonment etc left
to the discretion of the Court or the Judge.

6. Death:- Death is capital punishment may be awarded in a certain offence, 1. Waging war
against Pakistan, 2. Murder U/s 302 PPC, 3. Hijacking U/s 403 PPC.

7. Imprisonment for life:- Sentence of imprisonment for life means for the remaining span
of the natural life of convict 25 years of duration (PLD 1968 Lah 1).

Imprisonment of life in case i.e. 1. Sedition 124-A PPC, 2. Counter filling of a coin
(Pakistan) U/s 232 PPC, 3. Murder 302.

8. Imprisonment:- Imprisonment means the confinement of convict within certain

prescribed limits. The maximum period of imprisonment that can be awarded for an
offence U/s 55 PPC is 14 years and the shortest period is as per U/s 510 is 24 hours.

Kinds of imprisonment are 1. Rigorous, 2. Simple.

9. Forfeiture of property:- Forfeiture of the property may be awarded 1. S. 126, 2. 127, 3.

169 PPC.

10. Fine:- Fine is a punishment in the shape of payment of an amount with or without
imprisonment.

Theories of punishment:-
1. Deterrent Theory. 2. Preventive Theory. 3. Retributive Theory. 4. Reformative Theory.

Q No.3- In what cases consent, compulsion or necessity may be a sufficient define against
a charge of crime?
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Ans: Necessity is a defence U/s 81 PPC:- Necessity means unavailable circumstances or

situation critical in nature leaving no choice inaction is not an offence (Nothing in crime
without intention).

Cogent U/s 90 means an active will in the mind of a person.

Compulsion:- Section 94 PPC, This section provides an exception for offences committed
by a person who does any act except any murder or offences against the state punishable
with death, under fear of instant death, but fear of hurt or even of grievances hurt is not a
sufficient jurisdiction for impulsion.

Q No.4- Who are persons liable to punishment? Point out statutory or other exceptions of
any?
Ans:- Statutory exceptions:- Although PPC does not provide any exception in favour of
any person from the jurisdiction of Criminal Court such statutory exception are available
under article 248(2)(3) of the constitution.

It provides that no criminal proceeding shall be instituted or continued against President

and Governor of the Province nor shall a person of arrest or imprisonment issue in or from
any Court during his term of office.

The doctrine of exteriority:- Besides the above statutory exception the doctrine of
exteriority exempts the following persons from the jurisdiction of Criminal Court of every
country.
1. Foreign State
2. Ambassador and other diplomatic agents.
3. Alien Enemies.
4. The armed forces of a state when passing through foreign territory.
5. International Institutions.

Q No.5- What are the object and purpose of punishment?

Ans: The object and purpose of punishment is the prevention of crime and every
punishment have a double effect and to stop the repetition of the crime.

To create an atmosphere which may become deterrent for the people who are thinking to
commit any crime.

1. Deterrent Theory:- According to this theory, the punishment is awarded to deter the
people from committing the crime. The fear of punishment puts a check not only on the
criminal but other evil-minded.

2. Retributive Theory:- It is based on the principle of an eye for eye and tooth for a tooth.
The offender should be punished according to the nature of injury caused by him to the
victim. It does not take to the motive but to the intention of committing the crime.

3. Preventive Theory:- It is also known as disablement as it aims at preventive the crime

by disabling the criminal to prevent the repetition of the crime the offenders are punished
with death or imprisonment for life.

4. Reformative theory:- The object of punishment in this theory should be to reform the
criminals. The crime is a mental disease which is caused by different ani-social animals.
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The punishment is awarded in reformatory institutions by opening different schools, art,

institution etc but this theory has failed in case of a professional and habitual offender.

Q No.6- When a person is accused of an offence the burden of proof lies on the prosecution,
what are exceptions to that rule?
Ans:- Exceptions contained (V) Section 76 to 106.

1. The mistake of fact:- Act done by a person bound, or by mistake of fact believing himself
by law U/s 76.

An act is done by a person justified or by mistake of fact believing himself justified by law
U/s 79.

2. Judicial Act:-
a) Act of judge when acting judicially under section 77.
b) Act done by officer ____________ the judgment or order of the Court 78 PPC.

3. Accident:-
The act caused by accident U/s 80.

4. Absence of criminal intent:-

a) An act done with the knowledge that is likely to come harm but done without criminal
intent and to prevent other harm U/s 81 PPC.
b) An act done in good faith for the benefit of a person without his consent.

5. Incapacity to act crime:-

i) Act of a child under 7 years, 82.
ii) Act of a child above years under 10 years, 83.
iii) Act of a person of unsound mind, 84.
iv) Act of an intoxicated person, 85.

6. Consent:-
i) Act not known to likely cause death or hurt done by consent of sufferer.
ii) Act not intended to cause death done by consent of sufferer, 88.
iii) An act done in good faith for the benefit of a child under 10 years or an insane person
with the consent of a guardian.

7. Private defence:- Private defence against body and property.

Q No.7- What is mens area (Intention of guilt)?

Ans:- It is one of the principles of English criminal law that to constitute guilt, there must
be guilty intent along with the act itself and that the crime is not committed if the mind of
the person doing the act in question be innocent.

Q No.8- What is right of private defence?

Ans: The law gives a right to every person to defend his body or property aggressive. He
may protect his right by his force to prevent it from being violated. This use of force to
protect once property and person are called the right of private defence (Sec. 102).

Q No.9- What is abetment, who is abettor?

Ans: It is defined U/s 107 PPC, a person abets the doing of a thing who firstly; instigates
any person to do that thing or secondly, engages with one or more other people in any
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conspiracy for the doing any act/thing if any or illegal omission takes place in pursuance
of that conspiracy, thirdly; intentionally aids, by any act illegal omission the going of thing.

Above three factors constitute the definition of abetment.

Different between criminal conspiracy and abetment:-

Criminal conspiracy Sec. 120-A:-
When two or more persons agree to do or cause to be done an illegal act or an act which is
not illegal by illegal means such an agreement is called criminal conspiracy.

🡺 Abetment is defined in Sec. 107 PPC while criminal conspiracy is defined U/s 120-
A.
🡺 Abetment has a wider scope than a criminal conspiracy.
🡺 Abetment is a total crime while conspiracy is a form of abetment.
🡺 Abetment is a total crime while conspiracy is a form of abetment.
🡺 In Abetment there may be one abettor while in criminal conspiracy there are not
less than two persons.

Q No.10- Classified the offences against the state?

Ans: Normally all the offences defined in PPC are against the state but the following are
offences against the state declared by PPC.

1. Wagging or attempting to wage or conspire to wage war against the Pakistan

Government, S.121, 121-A, 122, 123.
2. Assaulting President or Governor of any province with intent to compel or restrain
the exercise of any lawful powers, S. 124.
3. Sedition, S. 124-A.
4. War against Asiatic Government at peace with Pakistan or committing depredation
on the territory of such government S. 123 to 126.
5. Assisting state prisons to escape away, S. 128 to 130.

Q No.11- What is an unlawful assembly, when does it amount to riot (S. 141)?
Ans: An assembly, if the common intention of the persons composing that assembly is:
1. To overawe by criminal force or show criminal force to a lawful act.
2. To resist the execution of any law or any legal process.
3. To commit any mischief or criminal trespass or other offence.
4. Using criminal force to any person, dispossess him of any property, deprive any
person of the enjoyment of any fundamental rights.
5. To enforce any right a supposed right.
6. Using criminal force or showing criminal force compel any person to do what he is
not legally bound to do or omit to do what he is legally bound to do.

Different between riot and unlawful assembly:-

When unlawful assembly actively spread the violence becomes the riot not otherwise (S.
148 Punishment)

Distinguish between affray and rioting:-

Affray: When two or more person by fighting in a public place, disturb the public peace,
they are said to commit the affray.
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Different between rioting and affray:-

1. Riot comes out of any unlawful assembly comprising five or more people while an
affray is committed by two or more people.
2. In a riot, there must be a common object, but in an affray, there is no common
object.
3. A riot can be committed even in a private place, but an affray can not be so.
4. In a riot every member of an unlawful assembly is punishable but he is not so in
case of affray, because only those engaged are liable.
5. Punishment in a riot is imprisonment of two years or fine or both while in affray it
is one month or with fine up to 100 or both.

Q No.12- Different between common intention and common object?

Ans: Common intention S. 34 PPC:-
When a criminal act is done by several persons in furtherance of the common intention of
all, each of such persons is liable for that act in the same manner as if it were done by him
alone.

Common Object S. 149 PPC:-

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 member of that assembly known to be likely
to be committed in prosecution of that object, every person who at that time of committing
of that offence is the member of the same assembly i.e. guilty of that offence.

Difference:-

1. In common intention number of offenders is less than five, while in common object
there must be five or more persons.
2. As to role: There is active participation in committing in a common object, but not
required in a common object, mere presence is sufficient.
3. Meeting of mind.
Sec. 34 requires a pre-concert or meeting of the mind.
Sec. 149 applies even if there was no prior meeting of the mind.

Q No.13- What is harbouring an offender and distinguish between harbouring an offender

and abetment and what is an exception to this rule?
Ans: The harbouring includes supplying a person with shelter, food, drink, money, arms,
ammunition or means of conveyance or assisting any person by any means to evade
apprehension.

Exception:- This provision does not extend to the case in which the harbour is given by the
wife or husband of the person harboured.

It does not apply to the harbouring a person not being criminals who abscond or avoid or
delay a judicial investigation.

An investigation between harbouring an offender and abetment:-

The abetment applies before committing any offence while harbouring attracts when an
offence is committed.
An abettor instigates a person to do an illegal act, while in harbouring an offender is
assisted in committing the crime.
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Q No.14- What are various kinds of punishment?

Ans:
1. Culpable homicide or Qatl-e-Amd, S. 300.
Any intentional act causing to death of any person is called Qatl-e-Amd or culpable
homicide.

Culpable homicide does not amount to murder:-

Sec. 315 Qatl Shibh-i-Amd:- Intentionally causing harm to the body or mind to any person,
ordinarily which does not amount to death, but results to that person.

Illustration:- A strikes to Z with stick with intention of hurt, ordinarily not likely to cause
death, Z dies, A is guilty of Qatl Shib-e-Amad.

Punishment:- Up to fourteen years of imprisonment and Diyat.

Qatl-i-Khata S. 318:- Whoever without any intention to cause the death of or harm to a
person causes the death of such person either by mistake of act or mistake of fact.

Illustration:- A aims at a deer, but misses the target and kill Z, who is standing by, A is
guilty of Qatl-i-Khata.

Punishment S. 319:- by negligent or rash act other than driving, 5 years and Diyat.
Section 320:- Where negligent or rash driving, 10 years and Diyat.

Qatl-Bis-Sabab S. 321:- Act without intention to cause the death of or cause harm to any
person, when the offender does an unlawful act, which becomes the cause for the death of
any person.

Illustration:- A unlawfully digs a pit in the thoroughfare but without an intention to cause
the death of or harm to any person. B which passing through there falls in it and is killed.
A commits Qatl-Bis-Sabab.

Punishment S. 322:- Only Diyat.

Note:- In Qatl Amd and Qatl-i-Shiba and mens rea is an essential ingredient.

Q No.15- What do you mean by Ikrah-e-Tam and Ikrah-e-Naqis:-

Ans: Ikrah-e-Tam S. ___:- Ikrah-e-Tam means putting any person or his spouse or any of
his blood relations with the prohibited degree marriage (Moharram) in fear of instant death
or instant permanent impairing of any organ of the body or instant fear of being subjected
to sodomy or Zina Bil Jabir.

Ikrah-e-Naqis S.___:- Ikrah-e-Naqis means any form of duress which does not amount to
Ikrah-e-Tam.

Q No.16- When in cases of Qatl-e-Amad an accused is not liable to Qisas and when the
punishment of Qisas can not be enforced for Qatl-e-Amad?
Ans: Qatl-e-Amad shall not be liable to Qisas in following cases.

1. When an offender is a minor or unsound mind.

2. When an offender causes the death of his child of his grandchild.
3. When a wali of the victim is a direct descendant of the offender.
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Cases in which Qisas for Qatl-e-Amad shall not be enforced:-

1. When an offender dies before the enforcement of Qisas.

2. When any wali voluntarily and without duress waives the right of Qisas S. 309-310.
3. When the right of Qisas devolves on the offender as the result of the death of the
wali of the victim or on the person who has no right of Qisas against the offender.

Q No.17- When hurt is not liable to Qisas and when it is not enforceable?
Ans: Not Liable:-
1. When an offender is minor or insane.
2. When an offender causes hurt at the instance of a victim.
3. When he has caused Itlaf-e-Udu of a physical imperfect organ of the victim and
convict does not suffer from a similar physical imperfection of such organ.
4. When the Organ of the offender shall be liable to Qisas is missing.

Not Enforceable:-
1. When an offender dies before the execution of Qisas.
2. When the organ of the offender liable to Qisas is lost before the execution of Qisas.
3. When the victim waives the Qisas or compounds the offence with Badl-e-Sulh.
4. when the right of Qisas devolves on the person who can not claim Qisas against the
offender under this chapter.

Q No.18- What are wrongful restrain and wrongful confinement, the difference between
both?
Ans: Wrongful restrain S. 339:- Wrongful restrain means keeping a man out of a place
where he wished and a right to be.

Punishment S. 341:- Simple Imprisonment to one month, fine 1500 or both.

Wrongful confinement:- Whoever wrongfully restrains any person in such a manner as to

prevent such person from proceeding beyond certain circumscribing limits is aid wrongful
to confine.

Punishment S. 342:- Imprisonment one year or fine 3000 or both.

Note:- S. 343 confined for 3 or more days:

1. Imprisonment up to 3 years, fine or both.
2. for 10 or more:- Imprisonment of 3 years or fine.

Note: In case of issuing of the writ:

In addition to other punishment for 2 years.

Difference between wrongful restrain and wrongful confinement:-

1. Wrongful confinement is one form of wrongful restrain.
2. Both have a common element of wrongful restrain.
3. Wrongful confinement covers the case of wrongful restrain.
4. In wrongful restrain only one way or direction is obstructed whereas in wrongful
confinement all the directions are closed.

Q No.19- Distinguish between kidnapping and abduction?

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Ans: Kidnapping:- The word kidnapping connotes stealing away a child from the custody
or care of a guardian.

Kinds of kidnapping U/s 359:-

1. Kidnapping from Pakistan.
2. Kidnapping from lawful custody/guardianship.

Kidnapping from Pakistan U/s 360:- 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 the person from Pakistan

Abduction:- According to section 362, whoever by force compels, or by any deceitful

means induces any persons to go from any place, is said to abduct that persons.

Kidnapping Abduction
It is committed only in respect of a minor or It is committed in respect of any person of
person of unsound mind or if it is from any age.
Pakistan of a person of any age.
In kidnapping from guardianship consent ofIn abduction free and voluntary given
a person taken or enticed is immaterial. consent of the person removed condone
abduction.
Kidnapping from guardianship is not a Abduction is a continuing offence and a
continuing offence and it is complete and person is abducted both when he is first
soon as the minor is removed from the taken from any place and also when he is
custody of his or her guardian. removed from one place to another

Q No.20- What are the ingredients of rape?

Ans:
1. Against her will.
2. Without her consent.
3. With her consent when obtained by putting her in fear of death or hurt.
4. with her consent, when the man knows he is not her husband, the consent is given
because she believes that the man is another person to whom she is or believes herself to
be married.
5. With or without consent when she is under 16 years of age.

Penetration is sufficient to constitute the offence of rape.

Exceptions:-
Sexual intercourse by a man with his won wife, the wife is under 16 years of age is not
rape.

Punishment S. 376:- Imprisonment for 10 years and fine.

Section 377 PPC:- 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 either description not less than 2 years and shall also liable for fine.

Q No. 21- What is theft, Extortion, Robbery, Dacoity?

Ans:
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Theft:- Whoever intending to take dishonestly any movable property out of possession of
any person without his consent moves that property to such taking is said to commit theft
U/s 378.

Punishment S. 379:- 3 Years.

Extortion:- Whoever intentionally puts any person in fear of any injury to that person or
any other person and thereby dishonestly induces the person so put in fear to deliver any
person any property, the person said to commit extortion.

Punishment:- 3 years and fine.

Robbery:- Robbery is aggravated from the theft or extortion.

Punishment:- Imprisonment not less than 3 and more than 10 years, fine. But if committed
on highway punishment 14 years (Between sunset and sunrise).

Dacoity:- When five or more persons co-jointly commit or attempt to commit a robbery or
where the whole number present on spot aid, attempt or commit, every person so
attempting, aiding or committing is said to commit decoity.

Q No.22- When Zina bil Jabr Liable to Hadd?

Ans:
1. Confession of accused before competent Court of law.
2. Four adult male witnesses, who come in Tazkiyat-e-Shahood.

Provided:
If the accused is Non-Muslim, the witnesses may be Non-Muslim.

Q No. 23- Define stolen property, what are exceptions?

Ans: S. 410 defines as the property whose possession transferred by theft or extortion or
by robbery which has been criminally misappropriated or in respect of which criminal
breach of trust has been committed within or without Pakistan.

Receiving stolen property, S. 411 explains that the receipt or retention of the property with
a full knowledge at the time of receipt was stolen property.

Exceptions: Mere possession of the stolen property is not an offence.

Q No.24- What is cheating?

Ans: Whoever by deceiving any person by fraudulently or dishonestly inducing the person
so deceived to deliver any property to any person is cheating U/s 415.

Punishment S. 417: One year with fine or with both.

Cheating by peroration:- Pretending one person substituting to another U/s 416.

Q No.25- What is mischief?

Ans: Whoever with intent to cause or knowing that he is likely to cause, wrongful loss or
damage to the public or any person, destroys any property or any such change to any
property commits mischief.
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Q No.26- Explain Criminal trespass, house trespass, larking house-trespass, larking house-
trespass by night?
Ans: Criminal trespass S. 441:- Whoever enters into or upon property in the possession of
another with intent to commit an offence i.e insult etc is said to commit criminal trespass.

House trespass S. 442:- Whoever commits criminal trespass by entering into any building
used a human devilling or any building used as a place of worship or custody for a property
is said to commit house-trespass.

Note: The body of trespasser entering into such building is sufficient to constitute the
offence.
Punishment S. 448:- One year fine up to 1000 or both.

Note: the punishment of house trespasser is as per intention and the stander of offence.

Larking house-trespass S. 443:- Whoever commits house-trespass having taken pre-

continuous to such house-trespass from person who has the right to exclude or eject the
trespasser from the building, tent or vessel.

Punishment S. 453:- 2 years and shall liable to fine.

Lurking house-trespass by night S. 444:- Whoever commits house-trespass after sunset and
before sunrise is said to commit larking house-trespass by night.

Punishment S. 454:- Three years and also fine.

Q No.27- Explain offences relating to marriage (Illegal or void marriage bigamy)?

And: S. 494 defines the offence of bigamy as under:
Whoever having husband or wife living, marries in any case in which such marriage is void
is said to have committed the offence of bigamy and shall be punished up to seven years
and fine.

Fornication S. 496-B:- A man and a woman not married to each are said to commit
fornication if they willfully have sexual intercourse between are another.

Punishment:- 5 years and fine 10,000.

Q No.28- Define and discuss the law of defamation?

Ans: S. 499 defines as, whoever by words either spoken or intended to be read or by signs
or by visible representations makes or publishes any material concerning any person
intending to harm or knowing to have reason to believe that such material will harm the
reputation of such persons is said to committed defamation.

Hudood Laws

Q No.29- Define Hadd?

Ans: Literal meaning of Had is measure or limit. In legal terminology means that
punishment whose limits have been defined in the Holy Quran and Hadith. It relates to
those crimes in which the right occurs to God only without nay right occurring to humanity.

Crimes: Adultery, Fornication, False Accusation, Apostasy, Drinking wine, theft, and
highway robbery.
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Q No.30- Theft liable to Hadd?

Ans:
1. An offender is an adult person.
2. Property is removed from any custody.
3. Property is stolen.
4. The offender knows that property is likely to be the value of Nisab.

Nisab:-
Nisab for theft liable to hadd has been fixed at 4.457 grams of gold or property of equal
value at the time of commission theft.

Q No.31- When Hadd shall not be imposed in theft cases?

Ans:
1. When the offender and victim of theft are blood relatives.
2. When a guest has committed theft from the house of his host.
3. Servant or employees has committed theft from Hirz of his master or employees
which he has allowed access.
4. When stolen property is wild grass, fish, bird, dog, musical instrument, _________
ford staff etc.
5. When the offender has a share in stolen property and that share not less than Nisab.

When theft hadd shall not be enforced:

1. When theft proved only through confession but retracted before the execution of
hadd.
2. When theft is proved by testimony but before the execution of hadd any witness
resile from his testimony to reduce the number of an eye witness to less than 2.
3. When before the execution of hadd the victim withdraws his allegation of theft.

Q No.32- What is actus rea?

Ans: The word actus denotes a deed, a physical result of human conduct and actus rea has
been defined as such result of human conduct as the law seeks to prevent.

The physical outcomes of some act is the ultimate result of it and not the intervening
conduct which results in the enactment of the result.