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Notes in Question and Answer Forms On PA
Notes in Question and Answer Forms On PA
THE
PAKISTAN PENAL CODE
1860
[16th November 1860]
Wrong loss:- Wrongful loss is the loss by unlawful means of property to which the person
losing it's legally entitled.
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.
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.
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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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.
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.
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.
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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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.
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.
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.
🡺 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.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.
When unlawful assembly actively spread the violence becomes the riot not otherwise (S.
148 Punishment)
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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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.
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.
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.
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.
Note:- In Qatl Amd and Qatl-i-Shiba and mens rea is an essential ingredient.
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.
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.
Ans: Kidnapping:- The word kidnapping connotes stealing away a child from the custody
or care of a guardian.
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
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
Exceptions:-
Sexual intercourse by a man with his won wife, the wife is under 16 years of age is not
rape.
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.
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.
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:- 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.
Provided:
If the accused is Non-Muslim, the witnesses may be Non-Muslim.
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.
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.
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.
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.
Hudood Laws
Crimes: Adultery, Fornication, False Accusation, Apostasy, Drinking wine, theft, and
highway robbery.
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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.
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.