PAKISTAN PENAL CODE (ACT XLV OF 1860)  
Act XLV of 1860  
October 6th, 1860  
Amended by: Protection of Women (Criminal Laws Amendment) Act, 2006,Criminal Laws (Amendment) 
Act, 2004 (I of 2005),Criminal Law (Amendment) Ordinance (LXXXV of 2002),Criminal Laws (Reforms) 
Ordinance (LXXXVI of 2002),etc.  
 
Whereas it is expedient to provide a general Penal Code for Pakistan:  
It is enacted as follows: - 
 
CHAPTER I  
INTRODUCTION  
1. Title and extent of operation of the Code.  
This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan.  
  
2. Punishment of offences committed within Pakistan.  
Every person shall be liable to punishment under this Code and not otherwise for every act or 
omission contrary to the provisions thereof, of which he shall be guilty within Pakistan.  
  
3. Punishme nt of offences committed beyond, but which by law may be tried within Pakistan.  
Any person liable, by any Pakistan Law, to be tried for an offence committed beyond Pakistan shall be

Any person liable, by any Pakistan Law, to be tried for an offence committed beyond Pakistan shall be 
dealt with according to the provision of this Code for any act committed b eyond Pakistan in the same 
manner as if such act had been committed within Pakistan.  
  
4. Extension of Code to extra -territorial offences.  
The provisions of this Code apply also to any offence committed by: - 
 1[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond

Pakistan;] 1 
 2[] 2 4[] 4 
(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.  
 
Illustratio ns 
(a) A, a Pakistan subject, commits a murder in Uganda. He can be tried and convicted of murder in 
any place in Pakistan in which he may be found.  
  
 5[] 5 
 6[(c) C, a foreigner who is in the service of Pakistan commi ts a murder in London. He can be tried 
and convicted of murder at any place in Pakistan in which he may be found.] 6 
  
(d) D, a British subject living in Junagadh, instigates E to commit a murder in Lahore. D is guilty of 
abetting murder.  
  
 7[ 
5. Certain laws not to be affected by this Act.  
Nothing in this Act is intended to repeal, vary, suspend or affect any of the provisions of any Act for

 7[ 
Nothing in this Act is intended to repeal, vary, suspend or affect any of the provisions of any Act for 
punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the State or of 
any special or local law.  
  
] 7

CHAPTER II  
GENERAL EXPLANATIONS  
6. Definitions in the code to be understood subject to exceptions.  
Throughout this Code every definition of an offence, every penal provision and every illustration of 
every such definition or penal provision, shall be understood subject to the exceptions contained in 
the chapter entitled "General Exceptions," though thos e exceptions are not repeated in such 
definition, penal provision or illustration.   
Illustrations  
(a) The sections in this Code, which contains definitions of offences, do not express that a child 
under seven years of age cannot commit such offences;  but the definitions are to be understood 
subject to the general exception which provides that nothing shall be an offence which is done 
by a child under seven years of age.  
  
(b) A, a police officer, without warrant, apprehends Z who has committed murder. Here A is not 
guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and,

guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and, 
therefore, the case falls within the general exception which provides tha t "nothing is an offence 
which is done by a person who is bound by law to do it."  
  
7. Sense of expression once explained.  
Every expression which is explained in any part of this Code is used in every part of this Code in 
conformity with the explanation.  
  
8. Gender.  
The pronoun "he" and its derivatives are used of any person, whether male or female.  
  
9. Number.  
Unless the contrary appears from the context, words importing the singlular number include the 
plural number, and words importing the plural number include the singular number.

10. "Man", "Woman".  
The word "man" denotes a male human being of any age; the word "woman" denotes a female 
human being of any age.  
  
11. "Person".  
The word "person" includes any Company or Association, or body of persons, whether incorporated 
or not.  
  
12. "Public".  
The word "public" includes any class of the public or any community.  
  
 8[] 8 
14. "Servant of the State".  
The words "servant of the State" denote all officers or servants continued, appointed or employed in 
Pakistan, by or under the authority of the Federal Government or any Provincial Government.  
  
 9[] 9 
17. "Government"  
The word "Government" denotes the person or persons authorized by law to administer executive 
Government in Pakistan, or in any part thereof.  
  
 10[] 10 
19. "Judge".  
The word "Judge" denotes not only every person who is officially designated as a Judge, but also 
every person -- 
 who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment

 who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment 
or a judgment which, if not appealed against, would be definitive, or a judgment which, if

confirmed by some other authority, would be definitive, or  
 who is one of a body of persons, which body of persons is empowered by law to give such 
Judgment.  
 
 11[] 11 
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to 
fine or imprisonment with or without appeal, is a Judge.  
  
 12[] 12 13[] 13 
  
20. "Court of Justice".  
The words "Court of Justice" denote a Judge who is empowered by law to act judicially alone, or a 
body of Judges which is empowered by law to act judicially as a body, when such Judge or body of 
Judges is acting judicially.   14[] 14 
  
21. "Public servant".  
The words "public servant" de notes a person falling under any of the descriptions herein after 
following, namely: -  15[] 15 
Second:  Every Commissioned Officer in the Military, Naval or Air Forces of Pakistan while serving 
under the Federal Government or any Provincial Government;  
Third:  Every Judge;

Third:  Every Judge;  
Fourth:  Every officer of a Court of Justice whose duty it is, as such officer, to investigate or report 
on any matter of law or fact, or to make, authenticate, or keep any document, or to take 
charge or dispose of any property, or to execute any judicial process, or to administer any 
oath, or to interpret, or to preserve order in the Court; and every person specially 
authorized by a Court of Justice to perform any of such duties;  
Fifth:  Every juryman, assessor, or member of a panchayat assisting a Court of Jus tice or public

servant;  
Sixth:  Every arbitrator or other person to whom any cause or matter has been referred for 
decision or report by any Court of Justice, or by any other competent public authority;  
Seventh:  Every person who holds any office by virtue of which he is empowered to place or keep 
any person in confinement;  
Eighth:  Every officer of the Government whose duty it is, as such officer, to prevent offences, to 
give information of offences, to bring offenders to justice, or to protect the public health, 
safety or convenience;  
Ninth:  Every officer whose duty it is, as such officer, to take, receive, keep or expend any 
property on behalf of the Government, or to make any survey, assessment or contr act on 
behalf of the Government, or to execute any revenue process, or to investigate, or to 
report, or any matter affecting the pecuniary interests of the Government, or to make, 
authenticate or keep any document relating to the pecuniary interests of the

authenticate or keep any document relating to the pecuniary interests of the  
Government, or to prevent the infraction of any law for the protection of the pecuniary 
interests of the Government, and every officer in the service or pay of the Government or 
remunerated by fees or commission for the performance of any public duty;  
Tenth:  Every officer whose duty it is, as such officer, to take, receive, keep or expend any 
property, to make any survey or assessment or to levy any rate or tax for any secular 
common purpose of any village, town or district, or to make, authenticate o r keep any 
document for the ascertaining of the rights of the people of any village, town or district;  
Eleventh:  Every person who holds any office in virtue of which he is empowered to prepare, 
publish, maintain or revise an electoral roll or to condu ct an election or part of an 
elections.  
 
Illustration

Illustration  
A Municipal Commissioner is a public servant.  
Explanation 1: Persons falling under any of the above descriptions are public servants, whether 
appointed by the Government or not.  
Explanation 2: Wherever the words "public servant” occur, they shall be understood of every person 
who is in actual possession of the situation of a public servant, whatever legal defect there may be in 
his right to hold that situation.  
Explanation 3: The word "election" denotes an election for the purpose of selecting members of any

legislative, municipal or other public authority, of whatever character, the method of selection to 
which is by, or under, any law prescribed as by election.  
  
22. Movable property.  
The words "movable property" are intended to include corporeal property of every description, 
except land and thing attached to the earth, or permanently fastened to anything which is attached 
to the earth.  
  
23. "Wrongful gain",  "Wrongful loss", "Gaining Wrongfully", "Losing Wrongfully".  
 "Wrongful gain.  "Wrongful gain" is gain by unlawful means of property to which the person 
gaining is not legally entitled.  
  
 "Wrongful loss".  Wrongful loss" is the loss by unlawful means of property to which the person 
losing it is legally entitled.  
  
 Gaining 
wrongfully, Losing 
wrongfully.  A person is said to gain wrongfully when such person retains wrongfully, as well 
as when such person acquires wrongfully. A person is said to lose wrongfully

as when such person acquires wrongfully. A person is said to lose wrongfully 
when such person is wrongfully kept out of any property, as well as when such 
person is wrongfully  deprived of property.  
  
24. "Dishonestly".  
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss 
to another person, is said to do that thing "dishonestly".  
  
25. "Fraudulently".  
A person is said to do ,a thing fraudulently if he does that thing with intent to defraud but not 
otherwise.

26. "Reason to believe".  
A person is said to have “reason to believe" a thing if he has sufficient cause to believe that thing but 
not otherwise.  
  
27. Property in possession of wife, clerk or servant.  
When property is in the possession of a person's wife, clerk or servan t, on account of that person, it 
is in that person's possession within the meaning of this Code.  
Explanation:  A person employed temporarily on a particular occasion in the capacity of a clerk, or 
servant, is a clerk or servant within the meaning of this se ction.  
  
28. "Counterfeit".  
A person is said to "counterfeit" who causes one thing to resemble another thing, intending by 
means of that resemblance to practice deception, or knowing it to be likely that deception will 
thereby be practiced.  
Explanation 1: It is not essential to counterfeiting that the imitation should be exact.  
Explanation 2: When a person causes one thing to resemble another thing, and the resemblance is

Explanation 2: When a person causes one thing to resemble another thing, and the resemblance is 
such that a person might be deceived thereby, it shall be presumed, unt il the contrary is proved, 
that the person so causing the one thing to resemble the other thing intended" by means of that 
resemblance to practice deception or knew it to be likely that deception would thereby be practiced.  
  
29. Document:  
The wor d "document" denotes any matter expressed or described upon any substance by means of 
letters, 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.  
Explanation 1 : It is immaterial by what means or upon what substance, the letters, figures or marks 
are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.  
 
Illustrations

A writing expressing the terms of a contract, which may be used as evidence of the contract, is a

document.  
A cheque upon a banker is a document.  
A Power -of-Attorney is a document.  
A map or plan which is intended to be used or which may be used as evidence , is a document.  
A writing containing directions or instructions is a document.  
Explanation 2: Whatever is expressed by means of letters, figures or marks as explained by 
mercantile or other usage, shall be deemed to be expressed by such letter, figure or marks within 
the meaning of this section, although the same may not be actually expressed.  
 
A writes his name on the back of a bill of exchange payable to his order. The meaning of the 
endorsement, as explained by mercantile usage is that th e bill is to be paid to the holder. The 
endorsement is a document and must be construed in the same manner as if >the words "pay to the 
holder" or words to that effect had been written over the signature.  
  
30. "Valuable security".  
The words "valu able security denote a document which is, or purports to be a document whereby

The words "valu able security denote a document which is, or purports to be a document whereby 
any legal right is created, extended, transferred restricted, extinguished or released, or whereby, any 
person acknowledges that he lies under legal liability, or has not certai n legal right.   
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer 
the right to the bill to any person who may become the lawful holder of it, the endorsement is a 
"valuable security".  
  
31. "A will".  
The words "a will" denote any testamentary document.  
  
32. Words referring to acts include illegal omissions.  
In every part of this Code, except where contrary intention appears from the context, words which

refer to acts done extend also to illegal omission.  
  
33. "Act", "Omission".  
The word "act" denotes as well a series of acts as a single act; the word "omission" denotes as well a 
series of omissions as a single omission.  
  
34. Acts done by several persons In furtherance of common intention.  
When a criminal act is done by several persons, in furtherance of the common intention of all, each 
such person is liable for that act in the same manner as if it were done by him alone.  
  
35. When such an act is criminal by reason of its being do ne with a criminal knowledge or intention:  
Whenever an act, which is criminal only by reason of its being with a criminal knowledge or 
intention, is done by several persons, each of such persons who joins in the act with such knowledge 
or intention is liab le for the act in the same manner as if the act were done by him alone with the 
knowledge or intention.  
  
36. Effects caused partly by act and partly by omission:

36. Effects caused partly by act and partly by omission:  
Whoever the causing of a certain effect, or an attempt to cause that effect, by an a ct or by an 
omission, is an offence, it is to be understood that the causing of that effect partly by an act and 
pertly by an omission is the same offence.   
A intentionally causes Z's death, partly by illegally omitting to give Z food and partly by beating Z. A 
has committed murder.  
  
37. Co-operation by doing one of several acts constituting an offence:  
When an offence is committed by means of severa l acts, whoever intentionally co -operates in the 
commission of that offence by doing any one of those acts, either singly or jointly with any other 
person, commits that offence.   

(a) A and B agree to murder Z by severally and at different times giving him small dose of poison. A 
and B administer the poison according to the agreement with intent to murder Z. Z dies from 
the effects of the several doses of poison so administered to him. Here A and B intentionally co -
operate in the commission of murder and as each of them dose an act by which the death is 
caused, they are both guilty of the offence though their acts are separate.  
  
(b) A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately for six hours at 
a time. A and B, intending to cause Z's death, knowingly co -operate in causing that effect by 
illegally omitting, each during the time of his attendance, to furnish Z with food supplied to 
them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.  
  
(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death, illegally omits to

(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death, illegally omits to 
supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is 
not sufficient to cause his death. A is dismissed from his off ice, and B succeeds him. B, without 
collusion or co -operation with A, illegally omits to supply Z with food, knowing that he is likely 
thereby to cause Z's death, Z dies of hunger. B is guilty of murder, but as A did not co -operate 
with B, A is guilty only  of an attempt to commit murder.  
  
38. Persons concerned in criminal act may be guilty of different offences:  
Where several persons are engaged or concerned in the commission of a criminal act, they may be 
guilty of different offences by means of that act.   
A attacks Z under such circumstances of grave provocation that his killing of Z would be only

A attacks Z under such circumstances of grave provocation that his killing of Z would be only 
culpable homicide not amounting to murder. B having ill -will towards Z and intending to kill him, and 
not having been subject to the provocation, assist A in killing Z. Here, though A and B are both 
engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.  
  
39. "Voluntarily":  
A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to 
cause it, or by means which, at the time of employing those means, he knew or had reaso n to

believe to be likely to cause it.   
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating robbery and 
thus causes the death of a person. Here, A may not have intended to cause death, and may even be 
sorry that death has been caused by his act; yet, if he knew that he was likely to cause death; he has 
caused death voluntarily.  
  
40. "Offence":  
Except in the chapters and sections mentioned in clauses 2 and 3 of this section, the word "offence" 
denotes a thing made punishable by this Code. In Chap ter IV, Chapter V -A and in the following 
sections, namely, Sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 
211, 213, 214, 221, 222, 223, 224, 225, 327, 328.329,330.331,347,348, 388, 389 and 445, the word 
"offence" denote s a thing punishable under this Code, or under, any/special or local law as 
hereinafter defined. And in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word "offence"

hereinafter defined. And in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word "offence" 
has the same meaning when the thing punishable under the special or local law is p unishable under 
such law with imprisonment for a term of six months or upwards, whether with or without fine.  
  
41. "Special law":  
A "special law" is a law applicable to a particular subject.  
  
42. "Local Law":  
A "local law" is a law applicable only to a particular part of the territories comprised in Pakistan.  
  
43. "Illegal", "Legally bound to do":  
The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or 
which furnishes ground for a civil action, and a person is said to be "legally bound to do" whatever it 
is illegal in him to omit.  
  
44. "Injury":  
The "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or 
property.

45. "Life":  
The word "life" denotes the life of a human being, unless the contrary appears from the context.  
  
46. "Death":  
The word "death" denotes the death of a human being unless the contrary appears from the 
context.  
  
47. "Animal":  
The word "animal" denotes any living creature other than a human being.  
  
48. "Vessel":  
The word "vessel" denotes anything made for the conveyance by water of human beings or of 
property.  
  
49. "Year", "Month":  
Wherever the word "year" or the word "month" is used, it is to be understood that the year or the 
month is to be reckoned ac cording to the British calendar.  
  
50. "Section":  
The word "section" denotes one of those portions of a chapter of this Code which are distinguished 
by prefixed numeral figures.  
  
51. "Oath":  
The word "oath" includes a solemn affirmation substituted by law for an oath, and any declaration 
required or authorized by law to be made before a public servant or, to be used for the purpose of

required or authorized by law to be made before a public servant or, to be used for the purpose of 
proof, whether in a Court of Justice or not.

52. "Good faith":  
Nothing is said to be done or believed in "good faith" which is done or believed without due care 
and attention.  
  
 16[ 
52-
A. "Harbour":  
Except in Section 157, and in Section 130 in the case in which the harbour is given by the wife or 
husband of a person harboured, the word "harbour" includes the supplying a person with shelter, 
food, drink, money, clothes, arms; ammunition or means of con veyance, or assisting a person by 
any means, whether of the same kind as, those enumerated in this section or not, to evade 
apprehension.  
  
] 16 
 
CHAPTER III  
OF PUNISHMENTS.  
 17[ 
53. Punishments:  
The punishments to which offenders are liable under the provisions of th is Code are:  
Firstly,  Qisas;  
Secondly,  Diyat;  
Thirdly,  Arsh;  
Fourthly,  Daman;  
Fifthly,  Ta'zir;  
Sixthly,  Death;  
Seventhly,  Imprisonment for life;

Eighthly,  Imprisonment which is of two descriptions, namely: -- 
(i) Rigorous, i.e., with hard labour;  
(ii) Simple;  
 
Ninthly,  Forfeiture of property;  
Tenthly,  Fine  
 
] 17 
54. Commutation of sentence of death:  
In every case in which sentence of death shall have been passed the Federal Government or the 
Provincial Government of the Province within which the offender shall have been sentenced may, 
without the consent of the offend er, commute the punishment for any other punishment provided 
by this Code:  
 18[ 
Provided , that, in a case in which sentence of death shall have been passed against  an offender 
convicted for an offence of qatl, such sentence shall not be commuted without the consent of the 
heirs of the victim.  
] 18 
  
55. Commutation of sentence of imprisonment for life:  
In every case in which sentence of imprisonment for life shall have been passed, the Provincial 
Government of the Province within which the offender, shall have been sentenced may, without the

Government of the Province within which the offender, shall have been sentenced may, without the 
consent of th e offender, commute the punishment for imprisonment of either description for a term 
not exceeding fourteen years:  
 19[ 
Provided  that, in a case in which sentence of imprisonment for life shall have been passed against an 
offender convicted for an offence punishable under Chapter XVI, such punishment shall not be 
commuted without the consent of the victim or, as the case may be, of his heirs.  
] 19

20[ 
55-
A. Saving for President prerogative:  
Nothing in Section fifty -four or Section fifty -five shall derogate from the right of the President to 
grant pardons, reprieves, respites or remissions of punishment:  
Provided  that such right shall not without the consent of the victim or, as the case may be. of the 
heirs of the victim, be exercised for any sentence awarded under Chapter XVI.  
  
] 20 
 21[] 21 
57. Fractions of terms of punishment:  
In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as 
equivalent to imprisonment for twenty -five years.  
  
 22[] 22 
60. Sentence may be (in certain cases of imprisonment) wh olly or partly rigorous or simple:  
In every case in which an offender is punishable with imprisonment which may be of either 
description, it shall be competent to the Court which sentences such offender to direct in the 
sentence that such imprisonment shal l be wholly rigorous, or that such imprisonment shall be

sentence that such imprisonment shal l be wholly rigorous, or that such imprisonment shall be 
wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.  
  
 23[] 23 
63. Amount of fine:  
Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is 
liable is unlimited, but shall not be excessive.  
  
64. Sentence of imprisonment for non -payment of fine:  
In every case of an offence punishable with imprisonment as well as fine, in which the offender is 
sentenced to a fine, whether with or without imprisonment, and in every case of an offence 
punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine,

it shal l be competent to the Court which sentences such offender to direct by the sentence that, in 
default of payment of the fine, the offender, shall suffer imprisonment for a certain term, which 
imprisonment shall be in excess of any other imprisonment to whic h he may have been sentenced 
or to which he may be liable under a commutation of a sentence.  
  
65. Limit to imprisonment for non -payment of fine when imprisonment and fine awardable:  
The term for which the Court directs the offender to be imprisoned in default of payment of a fine 
shall, not exceed one -fourth of the term of imprisonment, which is the maximum fixed for the 
offence, if the offence be punishable with imprisonment as well as fine.  
  
66. Description of imprisonment for non -payment of fine:  
The imprisonment which the Court imposes in default of payment of a fine may be of any 
description to which the offender might have been sentenced for the offence.

description to which the offender might have been sentenced for the offence.  
  
67. Imprisonment for non -payment of fine when offence punishable with fine only:  
If the offence be punishable with fine only, the imprisonment which the Court imposes in default of 
payment of the fine shall be simple, and the term for which the Court directs t he offender to be 
imprisoned, in default of payment of fine, shall not exceed the following scale that is to say, for any 
term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for 
any term not exceeding four months wh en the amount shall not exceed, one hundred rupees, and 
for any term not exceeding six months in any other case.  
  
68. Imprisonment to terminate on payment of fine:  
The imprisonment which is imposed in default of payment of a fine shall terminate whenever that 
fine is either paid or levied by process of law.

fine is either paid or levied by process of law.  
  
69. Termination of imprisonment on payment of proportional part of fine:  
If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion 
of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less 
than proportional to the part of the fine still unpa id, the imprisonment shall terminate.   
A is sentenced to fine of one hundred rupees and to four months, imprisonment in default of

payment. Here, seventy -five rupees of the fine be paid or levied before the expiration of one month 
of the impr isonment. A will be discharged as soon as the first month has expired, if seventy -five 
rupees be paid or levied at the time of the expiration of the first month, or at any later time while A 
continues imprisonment. A will be immediately discharged, if fift y rupees of the fine be paid or 
levied before the expiration of two months of the imprisonment, A will be discharged as soon as the 
two months are completed, if fifty rupees be paid or levied at the time of the expiration of those two 
months, or at any lat er time while A continues in imprisonment, A will be immediately discharged.  
  
70. Fine leviable within six years, or during imprisonment; Death not to discharge property from 
liability:  
The fine or any part thereof which remains unpaid, may be le vied at any time within six years after

The fine or any part thereof which remains unpaid, may be le vied at any time within six years after 
the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a 
longer period than six years, then at any time previous to the expiration of that period; and the 
death of the off ender dose not discharge from the liability any property which would, after his 
death, be legally liable for his debts.  
  
71. Limit of punishment of offence made up of several offences:  
Where anything which is an offence is made up of parts, any of which parts is itself an offence, the 
offender shall not be punished with the punishment of more than one of such his offences, unless it 
be so expressly provided;  
 Where anything is an off ence falling within two or more separate definitions of any law in force for 
the time being by which offences are defined or punished, or  
 Where several acts, of which one or more than one would by itself or themselves constitute an

 Where several acts, of which one or more than one would by itself or themselves constitute an 
offence, constitute, when combined, a different offence,  
the offender shall not be punished with a more severe punishment than the Court which tries him 
could a ward for any one of such offence.   
(a) A gives Z fifty strokes with a stick. Here A may have committ the offence of voluntarily causing 
hurt to Z by the whole beating, and also by each of the blows which makes up the whole 
beating. If were liable to punishment for every blow, they might be impr isoned for fifty years, 
one for each blow. But he is liable only to one punishment for the whole beating.

(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here as the blow given to Y 
is no part of the act whereby A voluntarily cause hurt to Z, A is liable to one punishment, for 
voluntarily causing hurt to Z, and to another for the blow given to Y.  
  
72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of 
which:  
In all cases in which judgment is given that a person is guilty of one of several offences specified in 
the judgment, but that it is doubtful of whic h of these offences he is guilty, the offender shall be 
punished for the offence for which the lowest punishment is provided if the same punishment is not 
provided, for all.  
  
73. Solitary confinement:  
Whenever any person is convicted of an offenc e for which under this Code the Court has power to 
sentence him to rigorous imprisonment ,the Court may, by its sentence, order that the offender

sentence him to rigorous imprisonment ,the Court may, by its sentence, order that the offender 
shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is 
sentenced , not exceeding three months in the whole, according to the following scale, that is to say:  
 a time not exceeding one month if the term of imprisonment shall not exceed six months;  
 a time not exceeding two months if the term of imprisonment shall exceed six months and shall 
not exceed one year;  
 a time not exceeding three months if the term of imprisonment shall exceed one year.  
 
74. Limit of solitary confinement:  
In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen 
days at a time, with intervals between the period of solitary confinement of not less duration than

days at a time, with intervals between the period of solitary confinement of not less duration than 
such periods, and when the imprisonment awarded shall exc eed three months, the solitary 
confinement shall not exceed seven days in any one month of the whole imprisonment awarded, 
with intervals between the periods of solitary confinement of not less -duration than such periods.  
  
75. Enhanced punishment for certain offenders under Chapter XII or Chapter XVII after previous 
conviction:

Whoever, having been convicted: - 
(a) by a Court in Pakistan of an offence punishable under Chapter XII or Chapter XVII of this Code 
with imprisonmen t of either description for a term of three years or upwards, or  
 24[] 24 shall be guilty of any offence punishable under either of those Chapters with the 
imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment 
for life, or to imprisonment of either description for a term which ma y extend to ten years.  
  
CHAPTER IV  
GENERAL EXCEPTIONS  
76. Act done by a person bound, or by mistake of fact believing himself bound, by law:  
Nothing is an offence which Is done by a person who is, or who by reason of a mistake of fact and 
not reason of a mistake of law in good faith believes himself to be, bound by law to do it.   
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity, with the 
commands of the law. A has committed no offence.

commands of the law. A has committed no offence.  
  
(b) A an officer of a Court of Justice, being ordered by that Court to arrest Y and after due enquiry, 
believing Z to be Y arrests Z. A has committed no offence.  
  
77. Act of Judge when acting judicially:  
Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power 
which is, or which in good faith he believes to be, given to him by law.  
  
78. Act done pursuant to the judgment or order of Court:  
Nothing which is  done in pursuance of, or which is warranted by the judgment or order of, a Court of 
Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the

Court may have had no jurisdiction to pass such judgment or order, prov ided the person doing the 
act in good faith believes that the Court had such jurisdiction.  
  
79. Act done by a person justified, or by mistake of fact believing himself justified, by law:  
Nothing is an offence which is done by any person who is justified by law, or who by reason of a 
mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by 
law, in doing it.   
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, 
exerted in good faith of the power which the law gives to all persons of apprehending murders in the 
act, seizes Z, in order to bring Z before the proper authorities. A has commi tted no offence, though it 
may turn out that Z was acting in selfdefence.  
  
80. Accident in doing a lawful act:  
Nothing is an offence which is done by accident or misfortune, and without any criminal intention or

Nothing is an offence which is done by accident or misfortune, and without any criminal intention or 
knowledge in the doing of a lawful  act in a lawful manner by lawful means and with proper care and 
caution.   
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if there was no 
want of proper caution on the part of A, his act is excusable and not an offence.  
  
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm:  
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause 
harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose 
of preventing or avoiding other harm to person or pro perty.  
Explanation:  It is a question of fact in such a case whether the harm to be prevented or avoided was

Explanation:  It is a question of fact in such a case whether the harm to be prevented or avoided was 
of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge 
that it was likely to cause harm.  
 
Illustrati ons

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds 
himself in such a position that, before he can stop his vessel, he must inevitably run down a 
boat B, with twenty or thirty passengers on board; unless he cha nges the course of his vessel, 
and that, by changing his course, he must incur risk of running down a boat C with only two 
passengers on board, which he may possibly clear Here, if A alters his course without any 
intention to run down the boat C and in goo d faith for the purpose of avoiding the danger to the 
passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by 
doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that 
the dan ger which he intended to avoid was such as to excuse him incurring the risk of running 
down C.  
  
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He

down C.  
  
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He 
does this with the intention in good faith of savin g human life or property. Here, if it be found 
that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is 
not guilty of the offence.  
  
82. Act of a child under seven years of age:  
Nothing is an offence, which is done by a child under seven years of age.  
  
83. Act of a child above seven and under twelve of immature understanding:  
Nothing is an offence which is done by a child above seven years of age and under twelve, who ha s 
not attained sufficient maturity of understanding to judge of the nature and consequences of his 
conduct on that occasion.  
  
84. Act of a person of unsound mind:  
Nothing is an offence which is done by a person who, at the time of doing it, by reason of 
unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either

unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either 
wrong or contrary to law.  
  
85. Act of a person incap able of Judgment by reason of intoxication caused against his will:  
Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of

intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or 
contrary to law; provided that the thing which intoxicated him was administered to him without his 
knowledge or against his will.  
  
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated:  
In cases where an act done is not an offence unless done with a particular knowledge or intent, a 
person who dose the act in a state of intoxication shall be liable to be dealt with as if he had the 
same knowledge as he would have had if he had not been in toxicated, unless the thing which 
intoxicated him was administered to him without his knowledge or against his will.  
  
87. Act not Intended and not known to be likely to cause death or grievous hurt, done by consent:  
Nothing which is not intended to cause death, or grievous hurt, and which is not known by doer to 
be likely to cause death, or grievous hurt, is an offence by reason of any harm which it may cause, or

be likely to cause death, or grievous hurt, is an offence by reason of any harm which it may cause, or 
be intended by the doer to cause, to any person, above eighteen years of age, who has  given 
consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be 
known by the doer to be likely to cause to any such person who has consented to take the risk of 
that harm.   
A and Z agree to fence with  each other for amusement. This agreement implies the consent of each 
to suffer any harm which in the course of such fencing, may be caused without foul play; and if A, 
while playing fairly, hurts Z, A commits no offence.  
  
88. Act not intended to cause death, done by consent in good faith for person's benefit:  
Nothing, which is not intended to cause death, is an offence by reason of any harm which it may 
cause, or be intended by the doer to cause, or be known by the doer to be l ikely to cause, to any

cause, or be intended by the doer to cause, or be known by the doer to be l ikely to cause, to any 
person for whose benefit it is done in good faith, and who has given a consent, whether express or 
implied, to suffer that harm, or to take the risk of that harm.   
A, a surgeon, knowing that a particular operation is li kely to cause of death of Z, who suffers under 
the painful complaint, but not intending to cause Z's death, and intending, in good faith for Z's 
benefit, performs that operation on Z with Z's consent. A has -committed no offence.

89. Act done In good faith for benefit of child or insane person, by or by consent of guardian:  
Nothing which is done in good faith for the benefit of a person under twelve years of age, or of 
unsound mind, by or by consent, either express or implied, of the guardian or o ther person having 
lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended 
by the doer to cause or be known by the doer to be likely to cause to that person:  
Provided  
First:  That this exception shall not extend to the intentional causing of death, or to the 
attempting to cause death;  
Secondly:  That this exception shall not extend to the doing of anything which the person doing it 
knows to be likely to cause death, for any  purpose other than the preventing of death or 
grievous hurt; or the curing of any grievous disease or infirmity;  
Thirdly:  That this exception shall not extend to the voluntary causing of grievous hurt, or to the

Thirdly:  That this exception shall not extend to the voluntary causing of grievous hurt, or to the 
attempting to cause grievous hurt, unless it be for the purpose of preventing death or 
grievous hurt, or the curing of any grievous disease or infirmity;  
Fourthly : That this exception shall not extend to the abetment of any offence, to the committing of 
which offence it would not extend.  
 
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by "a 
surgeon, knowing it to be likely that the operation will cause the child's death, but not intending to 
cause the child's death. A is within the exception, inasmuch as his object was the cure of the child.  
  
90. Consent known to be given under fear or misconception:  
A consent is not such a consent as is intended by any action of this Code, if the consent is given by a

A consent is not such a consent as is intended by any action of this Code, if the consent is given by a 
person under fear of injury, or under a misconception of fact, and if the person doing the act kn ows, 
or has reason to believe, that the consent was given in consequence of such fear or misconception; 
or 
 Consent of insane person: If the consent is given by a person who, from unsoundness of mind, or 
intoxication, is unable to understand the nature  and consequence of that to which he gives his 
consent; or  
 Consent of child: Unless the contrary appears from the context, if the consent is given by a person

who is under twelve years of age.  
 
91. Exclusion of acts which are offences independently of harm caused:  
The exceptions in Sections 87, 88 and 89 do not extend to acts which are offences independently of 
any harm which they may cause, or be intended to cause, or be known to be likely to cause,  to the 
person giving the consent or on whose behalf the consent is given.   
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) to 
an offence independently of any harm which it may cause or be int ended, to cause to the woman. 
Therefore it is not an offence by reason of such harm; and the consent of the woman or of her 
guardian to the causing of such miscarriage dose not justify the act.  
  
92. Act done in good faith for benefit of a person without consent:  
Nothing an offence by reason of any harm which it may cause to a person by whose benefit it is

Nothing an offence by reason of any harm which it may cause to a person by whose benefit it is 
done in good faith even without that person's consent, if the Circumstances are such that is 
impo ssible for that person to signify consent, or if that person is incapable of giving consent, and has 
no guardian or other person in lawful charge of him from whom it is possible to obtain consent in 
time for the thing to be done with benefit:  
Provided  
First:  That this exception shall not extend to the intentional causing of death, or the 
knows to be likely to cause death, f or any purpose other than the preventing of death or 
grievous, hurt, or the curing of any grievous disease or infirmity;  
Thirdly:  That this exception shall not extend to the voluntary causing of hurt, or to the attempting

Thirdly:  That this exception shall not extend to the voluntary causing of hurt, or to the attempting 
to cause hurt for any purpose  other than the preventing of death or hurt;  
Fourthly:  That this exception shall not extend to the abetment of any offence, to the committing of 
 
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. 
A not Intending Z's death but in good faith for Z's benefit, performs the trepan before Z recovers 
his power of judging for himself. A has committed no offe nce. 
  
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but 
not intending to kill Z, and in good faith intending Z's benefit A's ball gives Z a mortal wound. A 
has committed no offence.  
  
(c) A, a surgeon, sees child suffer an accident which is likely to prove fatal unless an operation be 
immediately performed. There is no time to apply to the child's guardian. A performs the 
operation in spite of the entreaties of the child, intending , in good faith, the child's benefit. A 
  
(d) A is in a house which is on fire with Z, a child. People below hold out a blanket. A drops the child

(d) A is in a house which is on fire with Z, a child. People below hold out a blanket. A drops the child 
from the house -top, knowing it to be likely that the fall may kill the chi ld, but not intending to 
kill the child and intending, in good faith, the child's benefit. Here even, if the child is killed by 
the fall, A has committed no offence.  
  
Explanation:  Mere pecuniary benefit is not benefit within the meaning of Sections 88,89 and 92.  
  
93. Communication made in good faith:  
No communication made in good faith is an offence by reason of any harm to the person to whom it 
is made for the benefit of that person.   
A, a surgeon, in good -faith, communicates to a patient his opinion that he cannot live. The patient 
dies in consequence of the shock. A has committed no offence, though he knew it to be likely that 
the communication might cause the patient's death.  
  
94. Act to which a person is compelled by threats:

94. Act to which a person is compelled by threats:  
Except murder, and offences against the State pun ishable with death, nothing is an offence which is

done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably 
cause the apprehension that instant death to that person will otherwise be the consequence:  
Provided  the pe rson doing the act did not of his own accord, or from a reasonable apprehension of 
harm to himself short of instant death, place himself in the situation by which he became subject to 
such constraint.  
Explanation 1: A person who, of his own accord, or by reason of a threat of being beaten, joins a 
gang of dacoits, knowing their character, is not entitled to the benefit of this exception on the 
ground" of his having been compelled by his associates to do  anything that is an offence by law.  
Explanation 2: A person seized by a gang of dacoits, and forced by threat of instant death, to do a 
thing, which is an offence by law; for example, a smith compelled to take his tools and to force the 
door of a house fo r the dacoits to enter and plunder it, is entitled to the benefit of this exception.

door of a house fo r the dacoits to enter and plunder it, is entitled to the benefit of this exception.  
  
95. Act causing slight harm:  
Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to 
be likely to cause, any har m, if that harm is so slight that no person of ordinary sense and temper 
would complain of such harm.  
  
Of the right of Private Defence  
96. Things done in private defence:  
Nothing is an offence which is done in the exercise of the right of private defence.  
  
97. Right of private defence of the body and of property:  
Every person has a right, subject to the restrictions contained in Section 99, to defend;  
First:  His own body, and the body of any other person, against any offence affecting the 
human body;  
Secondly:  The property, whether movable or immovable, of himself or of any other person, 
against any act which is an offence falling under the definition of theft, robbery,

against any act which is an offence falling under the definition of theft, robbery, 
mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief 
or criminal trespass.

98. Right of private defence against the act of a person of unsound mind, etc.:  
When an act, which would otherwise be a certain offence, is not that offence, by reason of the 
youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the 
person doing that act, or by reason of any misconception on the part of that person, every person 
has the same right of private defence against that act which he would have if the act were that 
offence.   
(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence, but A has the 
same right of private defence which he would have if Z were sane.  
  
(b) A enters by night a house which he is legally entitled to enter. Z in good fait h, taking A for a 
house -breaker, attacks A. Here Z by attacking A under this misconception, commits no offence. 
But A has the same right of private defence against Z, which he would have if Z were not acting 
under that misconception.

under that misconception.  
  
99. Act against which there is no right of private defence:  
There is no right of private defence against an act which dose not reasonably cause the 
apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant 
acting in good faith under colour, of his office, though that act may not be strictly justifiable by law.  
apprehension of death or of grievous hurt, if done, or attempted to be d one, by the direction of a 
public servant acting in good faith under colour of his office though that direction may not be 
strictly justifiable by law.  
There is no right of private defence in cases in which there is time to have recourse to the 
protection of the public authorities.  
 Extent to which the right

 Extent to which the right 
may be exercised:  The right of private defence in no case extends to the inflicting of 
more harm than it is necessary to inflict for the purpose of defence.

Explanation 1 :A person is not deprived of the right of private defence against an act done, or 
attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that 
the person doing the act is such public servant.  
Explanation  2: A person is not deprived of the right of private defence against an act done, or 
attempted to be done, by the direction of a public servant, unless he knows, or has reason to 
believe, that the person doing the act is acting by such direction, or unless  such person states the 
authority under which he acts, or if he has authority in writing, unless he produces such authority, 
if deemed.  
  
100.  When the right of private defence of the body extends to causing death:  
The right of private defence of the body extends, under the restrictions mentioned in the last 
preceding section, to the voluntary causing of death or of any other harm to the assailant, if the

preceding section, to the voluntary causing of death or of any other harm to the assailant, if the 
offence which occasions the exercise of the right be of any of  the descriptions hereinafter 
enumerated, namely: -- 
First:  Such an assault as may reasonably cause the apprehension that death will otherwise be 
the consequence of such assault;  
Secondly:  Such an assault as may reasonably cause the apprehension t hat grievous hurt will 
otherwise be the consequence of such assault;  
Thirdly:  An assault with the intention of committing rape;  
Fourthly:  An assault with the intention of gratifying unnatural lust.  
Fifthly:  An assault with the intention of kidnapping or abduction.  
Sixthly:  An assault with the intention of wrongfully confining a person, under circumstances 
which may reasonably cause him to apprehend that he will be unable to have recourse 
to the public authorities for his release.

to the public authorities for his release.  
 
101.  When such right extends to causing any harm other than death:  
If the offence be not of any of the descriptions enumerated in the last preceding section, the right 
of private defence of the body dose not extend to the voluntary causing of death to the assai lant, 
but dose extend, under the restrictions mentioned in Section 99 to the voluntary causing to the 
assailant of any harm other than death.

102.  Commencement and continuance of the right of private defence of the body:  
The right of private def ence of the body commences as soon as a reasonable apprehension of 
danger to the body arises from an attempt or threat to commit the offence though the offence may 
not have been committed; and it continues as long as such apprehension of danger to the body  
continues.  
  
103.  When the right of private defence of property extends to causing death:  
The right of private defence of property extends, under the restrictions mentioned in Section 99, to 
the voluntary Causing of death or of any other harm to the wrong -doer, if the offence, the 
committing of which, or the attempting to commit which, occasion s the exercise of the right, be an 
offence of any of the descriptions hereinafter enumerated, namely: - 
First:  Robbery;  
Secondly:  House -breaking by night;  
Thirdly:  Mischief by fire committed on any building, tent or vessel, which building, tent or vessel

Thirdly:  Mischief by fire committed on any building, tent or vessel, which building, tent or vessel 
is used as a human dwelling or as a place for the custody of property;  
Fourthly:  Theft, mischief or house -trespass, under such circumstances as may reasonably c ause 
apprehension that death or grievous hurt will be the consequence, if such right of 
private defence is not exercised.  
 
104.  When such right extends to causing any harm other than death:  
If the offence, the committing of which, or the attempting to commit which, occasions the exercise 
of the right of private defence, be theft, mischief or criminal trespass, not of any of the descriptions 
enumerated in the last preceding section that right dose not extend, to the voluntary causing of 
death, but dose extend, subject to the restrictions mentioned in Section 99, to the voluntary 
causing to the wrong -doer of any harm other than death.

causing to the wrong -doer of any harm other than death.  
  
105.  Commencement and continuance of the right of private defence of property:  
The right of private defence of property commences when a reasonable apprehension of danger to 
the property commences.  
The right of private defence of property against theft continues tilt the offender has effected his 
retreat  with the property or either the assistance of the public authorities is obtained, or the

property has been recovered.  
The right of private defence of property against robbery Continues as long as the offender causes 
or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of 
instant death or of instant -hurt or of instant personal restr aint continues.  
The right of private defence of property against criminal trespass or mischief continues as long as 
the offender continues in the commission of criminal trespass or mischief.  
The right of private defence of property against house breaking b y night continues as long as the 
house -trespass which has been begun by such house -breaking continues.  
  
106.  Right of private defence against deadly assault when there is risk of harm to innocent person:  
If in the exercise of the right of private  defence against an assault which reasonably causes the 
apprehension of death, the defender be so situated that he cannot effectually exercise that right

apprehension of death, the defender be so situated that he cannot effectually exercise that right 
without risk of harm to an innocent person, his right of private defence extends to the running of 
that risk.   
A is attacked by a mob who attempt to murder him. He can not effectually exercise his right of 
private defence with out firing on the mob, and he cannot fire without risk of harming young 
children who are mingled with the mob. A comm its no offence if by so firing he harms any of the 
children.  
  
V 
OF ABETMENT  
107.  Abetment of a thing:  
A person abets the doing of a thing, who:  
First:  Instigates any person to do that thing; or  
Secondly:  Engages with one or more other person or, persons in any conspiracy for the doing of 
that thing, if an act or illegal omission takes place in pursuance of that conspiracy, And 
in order to the doing of that thing; or

Thirdly:  Intentionally aids, by any  act or illegal omission, the doing of that thing.  
Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a material 
fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procures 
a thing to be done, is said to instigate the doing of that thing.  
 
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing 
that fact and also that C is not Z, wilfully presents to A that C is Z, and thereby intentionally causes 
A to apprehend C. Here B abets by instigation the apprehension of C.  
Explanation 2: Whoever, either prior to or at the time of commission of an act, does  anything in 
order to facilitate the commission of that act, and thereby facilitates the commission thereof, is 
said to aid the doing of that act.  
  
108.  Abettor:  
A person abets an offence, who abets either the commission of an offence, or the com mission of

A person abets an offence, who abets either the commission of an offence, or the com mission of 
an act which would be an offence, if committed by a person capable by law of committing an 
offence with the same Intention or knowledge as that of the abettor.  
Explanation 1: The abetment of the illegal omission -of an act may amount to an offenc e although 
the abettor may not himself be bound to do that act.  
Explanation 2: To constitute the offence of abetment it is not necessary that the act abetted should 
be committed, or that the effect requisite to constitute the offence should be caused.  
 
(a) A instigates 8 to murder C, B refuses to do so. A is guilty of abetting B to commit murder.  
  
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the 
wound. A is guilty of instigating B to commit murder.

wound. A is guilty of instigating B to commit murder.  
  
Explanation 3: It is not necessary that the person abetted should be capable by law of committing

an offence, or that he should have the same guilty intention or knowledge as that of the abettor or 
any guilty intention or knowledge.  
 
(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an 
offence, if committed by a person capable by law of committing an offence, and having the 
same intention as A. Here A whether the act be committed or not, is guilty  of abetting an 
offence.  
  
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act 
which causes Z's death. B, in consequence of the abetment, does the act in the absence of A 
and thereby, cause Z's death. Here, though B was not capable by l aw of committing an offence, 
A is liable to be punished in the same manner as if B had been capable by law of committing ah 
offence, and had committed murder, and he is therefore subject to the punishment of death.

offence, and had committed murder, and he is therefore subject to the punishment of death.  
  
(c) A instigates B to set fire  to a dwelling -house, B, in consequence of the unsoundness of his 
mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or 
contrary to law, sets fire to the house in consequence of As instigation. B has committed no 
offence, but A is guilty, of abetting the offence of setting fire to a dwelling house, and is liable 
to the punishment provided for that offence.  
  
(d) A intending to cause a theft to be committed, instigates B to take property belonging to Z out 
of Z's possession. A includes B to believe that the property belongs to A. B takes the property 
out of Z's possession in good faith, believing it to be A's prope rty. B, acting under this 
misconception, does not take dishonestly, and therefore does not commit theft. But is guilty of

misconception, does not take dishonestly, and therefore does not commit theft. But is guilty of 
abetting theft, and is liable to the same punishment as if B had committed theft.  
  
Explanation 4: The abetment of an offence being an offence, the abetment of such an abetment is 
also an offence.  
 
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and commits that 
offence in consequence of B's instigation. B is liable to be punished for his offence with the 
punishment for murder; and as A instigated B to commit the of fence, A is also liable to the same 
punishment.  
Explanation 5: It is not necessary to the commission of the offence of abetment by conspiracy that 
the abettor should concert the offence with the person who commits it. It is sufficient if he engages 
in the conspiracy in pursuance of which the offence is committed.  
 
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then 
explains the plan to C mentioning that a third person to administer the poison, but without 
mentioning A's name. C agrees to procure the poison and procures and delivers it to B for the 
purpose of its being used in the manner explained. A administer the poison; Z dies in consequence.

purpose of its being used in the manner explained. A administer the poison; Z dies in consequence. 
Here, though A and C have not conspired together, yet C  has been engaged in the conspiracy in 
pursuance of which Z has been murdered. C has, therefore, committed the offence defined in this 
section and is liable to the punishment for murder.  
  
 25[ 
108-
A Abetment in Pakistan of offences outside it:  
A person abets an offence within the meaning of this Code who, in Pakistan, abets the commission 
of any act without and beyond Pakistan which would constitute an offence committed in Pakistan.   
A, in Pakistan, instigates B, a foreigner in Goa , to commit a murder in Goa, A is guilty of abetting 
murder.  
  
] 25 
109.  Punishment of abetment if the Act abetted committed In consequence and where no express 
provision is made for its punishment:

murder.  
  
] 25 
provision is made for its punishment:  
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, 
and no express provision is made by this Code, for the punishment of such abetment, be punished 
with the punishment provided for the offence:

26[ 
Provided  that, except in case of Ikrah -i-Tam, the , abettor of an offence referred to in Chapter XVI 
shall be liable to punishment of ta'zir specified for such offence including death.  
] 26 
Explanation:  An act or offence is said -to be committed in consequence of abetment, when it is 
committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid 
which constitutes the abetment.  
 
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of 
B's official functions. B accepts the bribe. A has abetted the offence defined in Section 161.  
  
(b) A instigates B to give false evidence. B, in con sequence of the instigation commits that offence. 
A is guilty of abetting that offence, and is liable to the same punishment as B.  
  
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and

(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and 
delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, 
administers the poison to Z in A's absence and thereby causes Z's death. H ere B is guilty of 
murder. A is guilty, of abetting that offence by conspiracy, and is liable to the punishment for 
murder.  
  
110.  Punishment of abetment if person abetted does act with different intention from that of abettor:  
Whoever abets the commission of an offence shall, if the person abetted does the act with a 
different intention or knowledge from that of the abettor, be punished with the punishment 
provided for the offence which would have been committed if the act had b een done with 
intention or knowledge of the abettor and with no other.  
  
111.  Liability of abettor when one act abetted and different act done:

When an act is abetted and a different act is done, the abettor is liable for the act done, in the 
same  manner and to the same extent as if he had directly, abetted it:  
Provided  the act done was a probable consequence of the abetment; and was committed under 
the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted 
the abetment.  
 
(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The 
child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is 
by the side of that of Z. Here if the child was acting under  the influence of A's instigation, and 
the act done was under the circumstances a probable consequence of the abetment, A is liable 
in the same manner and to the same extent as if he had instigated the child to put the poison 
into the food of.  
  
(b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of

(b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of 
property there. A, though guilty of abetting the burning of the house, is not guilty of abetting 
the theft; for the theft was a distinct act, and not a prob able consequence of the burning.  
  
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery 
and provides them with arms for that purpose, B and C break into the house, and being 
resisted by Z, one of the inmates, murder Z. Here, if that murder was the pro bable 
consequence of the abetment. A is liable to the punishment provided for murder.  
  
112.  Abettor when liable to cumulative punishment for act abetted and for act done:  
If the act for which the abetter is liable under the last preceding section is committed in addition to 
the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of 
the offences.   

A instigates B to resi st by force a distress made by a public servant, B in consequence, resists that 
distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the

distress. As B has committed both the offence of resisting the distress, a nd the offence of 
voluntarily causing grievous hurt, B is liable to punishment for both these offences; and: if A knew 
that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to 
punishment for each of the offenc es. 
  
113.  Liability of abettor for an effect caused by the act abetted different from that intended by the 
abettor:  
When an act is abetted with the intention on the part of the abettor of causing a particular effect 
and an act for which the abett or is liable in consequence of the abetment, causes a different effect 
from that intended by the abettor, the abettor is liable for the effect caused, in the same manner 
and to the same extent as if he had abetted the act with the intention of causing that  effect, 
provided he knew that the act abetted was likely to cause that effect.   

A instigates B to cause grievous hurt to Z B, In consequence of the instigation, causes grievous hurt 
to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause 
death, A is liable to be punished with the punishment prov ided for murder.  
  
114.  Abettor present when offence is committed:  
Whenever any person, who if absent would be liable to be punished as an abettor, is present when 
the act or offence for which he would be punishable in consequence of the abetment is committed, 
he shall be deemed to have committed such act or offence.  
  
115.  Abetment of offence punishable with death or imprisonment for life if offence not committed:  
Whoever abets the commission of an offence punishable with death or imprisonment for life, shall,

Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, 
if that offence be not committed in consequence of the abetment, and no express provision is 
made by this Code for the punishment of such abetment be punished  with imprisonment of either 
description for a term which may extend to seven years, and shall also be liable to fine.  
 If act causing harm 
be done in 
consequence:  And if any act for which the abettor is liable in consequence of the 
abetment, and wh ich cause hurt to any person, is done, the abettor shall 
be liable to imprisonment of either description for a term which may 
extend to fourteen years, and shall also be liable to fine.

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been 
subject to the punishment of death or transportation for fife. Therefore A is labile to imprisonment 
for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in 
consequence of the abetment, he will be liable to imprisonment for a term which may extend to 
fourteen years, and to fine.  
  
116.  Abetment of offence punishable with imprisonment -if offence be not committed:  
Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in 
consequence of the abetment, and no express provision is made by this Code for the punishment 
of such abetment, be punished with imprisonment of any descriptio n provided for that offence for 
a term which may extend to one -fourth part of the. longest term provided for that offence; or with 
such fine as is provided for that offence; or with both.  
 If abettor or person

 If abettor or person 
abetted be a public 
servant whose duty it 
is to prevent offence:  And if the abettor or the person abetted is a public servant, whose duty it 
is, to prevent the commission of such offence, the abettor shall be 
punished with imprisonment of any description provided for that offence, 
for a term wh ich may extend to one -half of the longest term provided for 
that offence, or with such fine as is provided for the offence, or with both.  
  
B's official functions. B refuses to accept the bribe. A is punishable under this section.  
  
(b) A instigates B to give false evidence. Here, if B does hot give false evidence A has nevertheless

(b) A instigates B to give false evidence. Here, if B does hot give false evidence A has nevertheless 
committed the offence defined in this section, and is punishable accordingly.  
  
(c) A, police officer, whose duty it is. To prevent robbery, abets th e commission of robbery. Here, 
though the robbery be not committed, A is liable to one -half of the longest term of

imprisonment proved for that offence, and also to fine.  
  
(d) B abets the commission of a robbery by H, a police officer, whose duty it is to prevent that 
offence. Here though the robbery be not committed, B is liable to one -half of the longest term 
of imprisonment provided for the offence of robbery, and also to fin e. 
  
117.  Abetting commission of offence by the public or by more than ten persons:  
Whoever abets the commission of an offence by the public generally or by any number or class of 
persons exceeding ten, shall be punished with imprisonment of either description for a term which 
may extend to three years, or with fine, or with both.   
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet 
at a certain time and place, for the purpose of attacking the members of an adverse sect, while 
engaged in a procession. A has committed the offenc e defined in this section.

engaged in a procession. A has committed the offenc e defined in this section.  
  
118.  Concealing design to commit offence punishable with death or imprisonment for life if offence be 
committed:  
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the 
commission of an offence punishable with death or imprisonment of life, voluntarily conceals by 
any act or illegal omission, the existence of design to commit su ch offence or makes any 
representation which he knows to be false respecting such design, if offence be not committed, 
shall, if that offence be committed, be punished with imprisonment of either description for a term 
which may extend to seven years, or, if the offence be not committed, with imprisonment of either 
description for a term which may extend to three years; and in either case shall also be liable to 
fine.   

fine.   
A, knowing that dacoity is about to be committed at B, falsely inform the M agistrate that a dacoity 
is about to be committed at C, a place in an opposite direction, and thereby misleads the 
Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in 
pursuance of the design. A is punishable  under this section.

119.  Public servant concealing design to commit offence which it is his duty to prevent:  
Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby 
facilitate the commission of an  offence which it is his duty as such public servant to prevent, 
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such 
offence, or makes any representation which he knows to be false respecting such design,  
 if offence be 
committed:  shall, if the offence be committed, be punished with imprisonment of any 
description provided for the offence, for a term which may extend to one half 
of the longest term of such imprisonment, or with such fine as is provided fo r 
that offence, or with both;  
punishable with 
death, etc:  or if the offence be punishable with death or imprisonment for life with 
imprisonment of either description for a term which may extend to ten years;  
 if offence be not

 if offence be not 
committed:  or, if the offence be not committed, shall be punished with imprisonment of 
any description provided for the offence for a term which may extend to one -
fourth part of the longest term of such imprisonment or with such fine as is 
provided for the  offence, or with both.  
 
A, an officer of police, being legally bound to give information of all design as to commit robbery, 
which may come to his knowledge, and knowing that B designs to commit robbery, omits to give 
such information, with intent to facilitate the commission of that of that offence. Here A has by an 
illegal omission concealed the existence of B's design, and is liable to punishment according to the 
provisions of this section.  
  
120.  Concealing design to commit offence punishable with imprisonment:

120.  Concealing design to commit offence punishable with imprisonment:  
Whoeve r, intending to facilitate or knowing it to be likely that he will thereby facilitate the 
commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal 
omission, the existence of a design to commit such offence, or make s any representation which he 
knows to be false respecting such design,  
committed; if 
offence be not shall, if the offence be committed, be punished with imprisonment of the 
description provided for the offence, for a term which may extend to one -
fourth, and, if the offence be not committed, to one -eighth, of the longest

committed:  term of such imprisonment, or with  such fine as is provided for the offence, 
or with both.  
 
 27[ 
 
V-A 
CRIMINAL CONSPIRACY  
120-
A Definition of criminal conspiracy:  
When two or more persons agree to do, or cause to be done,  
(1) an illegal act, or  
(2) an act which is not illegal by illegal means such an agreement is designated a criminal 
conspiracy:  
Provided  that no agreement except an agreement to commit an offence shall amount to a criminal 
conspiracy unless some act besides the agreement is done by  one or more parties to such 
agreement in pursuance thereof.  
Explanation:  It is immaterial whether the illegal act is the ultimate object of such agreement, or is 
merely incidental to that object.  
  
120-
B Punishment of criminal conspiracy:  
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 
imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall,

imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, 
where no express provision is made in this Code for the punishment of such a conspiracy, be 
punished in the same manner as if he had abetted such offence.  
  
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an 
offence punishable as aforesaid shall be punished with imprisonment of either description for 
a term not exceeding six months, or with fine or with both.

] 27 
 
VI 
OF OFFENCES AGAINST THE STATE  
121.  Waging or attempting to wage war or abetting waging of war against Pakistan:  
Whoever wages war against Pakistan, or attempts to wage such war, or abets the waging of such 
war, shall be punished with death, or imprisonment for life and shall also be liable to fine.   
A joins an insurrection against Pakistan. A has commi tted the offence defined in this section.  
  
 28[ 
121-
A Conspiracy to commit offences punishable by Section 121:  
Whoever within or without Pakistan conspires to commit any of the offences punishable by 
Section 121, or to deprive Pakistan of the sovereignty of her territories or of any part thereof, or 
conspires to overawe, by means of criminal force or the show of cr iminal force, the Federal 
Government or any Provincial Government, shall be punished with imprisonment for life, or with 
imprisonment of either description which may extend to ten years, and shall also be liable to fine.

imprisonment of either description which may extend to ten years, and shall also be liable to fine.  
Explanation:  To constitute a conspi racy under this section, it is not necessary that any act or illegal 
omission shall take place in pursuance thereof.  
  
] 28 
122.  Collecting arms, etc., with intention of waging war against Pakistan:  
Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention 
of either waging or being prepared to wage war against Pakistan, shall be punished with 
impr isonment for life or imprisonment of either description for a term not exceeding ten years, and 
shall also be liable to fine.  
  
123.  Concealing with intent to facilitate design to wage war:

Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war 
against Pakistan, intending by such concealment to facilitate or knowing it to be likely that such 
concealment will facilitate the waging of such war, shall be punished with imprisonment of either 
description for a term which may extend to ten years, and shall also be liable to fine.  
  
 29[ 
123-
A Condemnation of the creation of the State, and advocacy of abolition of its sovereignty:  
(1) Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that 
he will influence, any person or the whole or any section of t he public, in a manner likely to be 
prejudicial to the safety 2[or ideology] of Pakistan or to endanger the sovereignty of Pakistan 
in respect of all or any of the territories lying within its borders, shall by words, spoken or 
written, or by signs or visi ble representation abuse Pakistan or, condemn the creation of

written, or by signs or visi ble representation abuse Pakistan or, condemn the creation of 
Pakistan by virtue of the partition of India which was effected on the fifteenth day of August, 
1947, or. advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all 
or any of the territories lying within its borders, whether by amalgamation with the territories 
of neighbouring States or otherwise, shall be punished with rigorous imprisonment which may 
extend to ten years and shall also be liable to fine.  
  
(2) Notwithstanding anything contained in any other law for the time being in force, when any 
person is proceeded against under this section, it shall be lawful for any Court before which he 
may be produced in the course of the investigation or trial, to make  such order as it may think 
fit in respect of his movements, of his association or communication with other persons, and

fit in respect of his movements, of his association or communication with other persons, and 
of his activities in regard to dissemination of news, propagation of opinions, until such time as 
the case is finally decided.  
  
(3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in sub -
section (2) may also make an order under that sub -section.  
  
] 29 
 30[

123-
B Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, 
etc.:  
Whoever deliberately defiles the National Flag of Pakistan, or unauthorisedly removes if from any 
building, premises, vehicle or other property of Government,  shall be punished with imprisonment 
of either description for a term which may extend to three years, or with fine, or with both.  
  
] 30 
124.  Assaulting President, Governor, etc., with intention to compel or restrain the exercise of any 
lawful power:  
Whoever, with the intention of including or compelling the President of Pakistan, or the Governor 
of any Province, to exercise or refrain from exer cise in any manner of the lawful powers of the 
President, or Governor, assaults, or wrongfully restrains, or attempts wrongfully to restrain or 
overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, the 
President, or  Governor, shall be punished with imprisonment of either description for a term which

President, or  Governor, shall be punished with imprisonment of either description for a term which 
may extend to seven years, and shall also be liable to fine.  
  
 31[ 
124-
A Sedition:  
Whoever by words, either spoken or written, or by signs, or by visible representation, or 
otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite 
disaffection towards, the Federal or Provincial Go vernment established by law shall be punished 
with imprisonment for life to which fine may be added, or with imprisonment which may extend to 
three years, to which fine may be added, or with fine.  
Explanation 1: The expression ".disaffection includes dislo yalty and all feelings of enmity.  
Explanation 2: Comments expressing disapprobation of the measures of the Government with a 
view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, 
contempt or disaffection, do not constitute an offence under this section.

contempt or disaffection, do not constitute an offence under this section.  
Explanation 3: Comments expressing disapprobation of the administrative or other action of the 
Government without exciting or attempting to excite hatred, contempt or disaffection, do not 
constitute an offence unde r this section.  
  
] 31

125.  Waging war against any   32[] 32 Power in alliance with Pakistan:  
Whoever wages war against the Government of any   33[] 33 Power in alliance or at peace with 
Pakistan or attempts to wage such war, or abets the waging of such war, shall be punished with 
imprisonme nt for life to which fine may be added, or with imprisonment of either description for a 
term which may extend to seven years, to which fine may be added, or with fine.  
  
126.  Committing depredation on territories of Power at peace with Pakistan:  
Whoever commits depredation, or makes preparations to commit depredation, on the territories 
of any power, in alliance, at a peace with Pakistan, shall be punished with imprisonment of either 
description for a term which may extend to seven years, and shal l also be liable to fine and 
forfeiture of any property used or intended to be used in committing such depredation, or acquired 
by such depredation.

by such depredation.  
  
127.  Receiving property taken by war or depredation mentioned in Sections 125 and 126:  
Whoever receives any property knowing the same to have been taken in the commission of any of 
the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either 
description for a term which may extend to seven years, and shall al so be liable to fine and 
forfeiture of the property so received.  
  
128.  Public servant voluntarily allowing prisoner of State or war to escape:  
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, 
volunt arily allows such prisoner to escape from any place in which such prisoner is confined, shall 
be punished with imprisonment for life or imprisonment of either description for a term which may 
extend to ten years, and shall also be liable to fine.

extend to ten years, and shall also be liable to fine.  
  
129.  Public servant negligently suffering such prisoner to escape:  
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war 
negligently suffers such prisoner to escape from any place of confinement in which such pri soner is 
confined, shall be punished with simple imprisonment for a term which may extend to three years, 
and shall also be liable to fine.  
  
130.  Aiding escape of, rescuing or harbouring such prisoner:  
Whoever, knowingly aids or assists any State  prisoner or prisoner of war in escaping from lawful

custody, or rescues or attempts to rescue any such prisoner; or harbours or conceals any such 
prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the 
recapture of such prisoner shall be punished with imprisonment for life, or with imprisonment of 
either description for a term which may extend to ten years, and shall also he liable to fine.  
Explanation:  A State prisoner or prisoner of war, who is permitted to be a t large on his parole 
within certain limits in Pakistan, is said to escape from lawful custody if he goes beyond the limits 
within which he is allowed to be at large.  
  
VII 
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE  
131.  Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty:  
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy 
or Air Force of Pakistan, or attempts to seduce any such officer, soldier, sailor, or airman from his

or Air Force of Pakistan, or attempts to seduce any such officer, soldier, sailor, or airman from his 
allegiance of his duty, shall be punished with imprison ment for life, or with imprisonment of either 
 34[Explanation:  In this sect ion, the words "officer", "soldier", "sailor" or "airman" include any 
person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Navy Ordinance, 
1961 (XXXV of 1961), or the Pakistan Air Force Act. 1953 (VI of 1953), as the case may be.] 34 
  
132.  Abetment of mutiny, if mutiny is committed in consequence thereof:  
Whoever abets committing of mutiny by an officer, soldier, sailor or airman in the Army, Navy or 
Air Force of Pakistan, shall, if mutiny be committed in consequence of that abetment, be punished 
with death or with imprisonment for life or imprisonment of e ither description for a term which 
may extend to ten years, and shall also be liable to fine.

may extend to ten years, and shall also be liable to fine.  
  
133.  Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his 
office:  
Whoever abets an assault by an officer,  soldier, sailor or airman, in the Army, Navy or Air Force of 
Pakistan, on any superior officer being in the execution of his office, shall be punished with 
imprisonment of either description for a term which may extend to three years, and shall also be 
liable to fine.

134.  Abetment of such assault, if the assault is committed:  
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of 
Pakistan, on any superior officer being in the execution of his office,, shall, if such assault be 
committed in consequence of that abetment be punished wi th imprisonment of either description 
for a term which may extend to seven years, and shall also be liable to fine.  
  
135.  Abetment of desertion of soldier, sailor or airman:  
Whoever abets the desertion of any officer, soldier, sailor or airman, i n the Army, Navy or Air Force 
of Pakistan, be punished with imprisonment of either description for a term which may extend to 
two years, or with fine, or with both.  
  
136.  Harbouring deserter:  
Whoever, except as hereinafter excepted, knowing or ha ving reason to believe that an officer, 
soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, has deserted, harbours such

soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, has deserted, harbours such 
officer, soldier, sailor or airman, shall be punished with imprisonment' of either description for a 
term which may e xtend to two years, or with fine, or with both.  
Exception : This provision does not extend to the case in which the harbour is given by a wife to her 
husband.  
  
137.  Deserter concealed on board merchant vessel through negligence of master:  
The master or person incharge of a merchant vessel, on board of which any deserter from the 
Army, Navy or Air Force of Pakistan is concealed, shall, though ignorant of such concealment, be 
liable to a penalty not exceeding   35[one thousand five hundred rupees] 35, if he might have known 
of such concealment but for some negle ct of his duty as such master or person in charge, or but for 
some want of discipline on board of the vessel.

some want of discipline on board of the vessel.  
  
138.  Abetment of act of insubordination by soldier, sailor or airman:  
Whoever abets what he knows to be an act of insubordination by an  officer, soldier, sailor or 
airman, in the Army, Navy or Air Force of Pakistan, shall, if such act of insubordination be 
committed in consequence of that abetment, be punished with imprisonment of either description 
for a term which may extend to six mont hs, or with fine, or with both.

36[] 36 
 37[ 
139.  Persons subject to certain Acts:  
No person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Air Force Act, 1953 
(VI of 1953), or the Pakistan Navy Ordinance. 1961 (XXXV of 1961), is subject to punishment under 
this Code for any of the offences defined in this Chapter.  
  
] 37 
140.  Wearing garb or carrying token used by soldier, sailor or airman:  
Whoever, not being a soldier, sailor or airman in the Military, Navel or Air Service of Pakistan, wear, 
any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman 
with the intention that it may be believed that he i s such a soldier, sailor or airman shall be 
punished with imprisonment of either description for a term which may extend to three months, or 
with fine which may extend to   38[one thousand five hundred rupees] 38, or with both.  
  
VIII 
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY  
141.  Unlawful assembly:

VIII 
141.  Unlawful assembly:  
An assembly of five or more persons is designated an "unlawful assembly" if the common object of 
the persons composing that assembly is: - 
First:  To overawe by criminal force, or show of criminal force, the Federal or any Provincial 
Government or Legislature, or any public servant in the exercise of the lawful power of 
such public servant; or  
Second:  To resist the execution of any law,  or of any legal process, or  
Third:  To commit any mischief or criminal trespass, or other offence; or  
Fourth:  By means of criminal force, or show of criminal force, to any person to take or obtain 
possession of any property, or to deprive any person of the enjoyment of a right of way, 
or of the use of water or other incorporeal right of which he is in possession o r

enjoyment, or to enforce any right or supposed right; or  
Fifth:  By means of criminal force, or show of criminal force, to compel any person to do what 
he is not legally bound to do, or to omit to do what he is legally entitled to do.  
Explanation:  An assembly which was not unlawful when it assembled, may subsequently become 
an unlawful assembly.  
  
142.  Being member of unlawful assembly:  
Whoever being aware of facts which render any assembly an unlawful assembly, intentionally j oins 
that assembly, or continues in it, is said to be a member of any unlawful assembly.  
  
143.  Punishment:  
Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either 
description for a term which may extend to six months, or with fine, or with both.  
  
144.  Joining unlawful assembly armed with deadly weapon:  
Whoever, being  armed with any deadly weapon, or with anything which, used as a weapon of

Whoever, being  armed with any deadly weapon, or with anything which, used as a weapon of 
offence, is likely to cause death, is a member of an unlawful assembly/shall be punished with 
imprisonment of either description for a term which may extend to two years, or with fi ne, or with 
both.  
  
145.  Joining or continuing in unlawful assembly, knowing it has been commanded to disperse:  
Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has 
been commanded in the manner prescribed by law to disperse, shall be punished with 
imprisonment of either description for a term which may extend to two years, or w ith fine, or with 
both.  
  
146.  Rioting:  
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in 
prosecution of the common object of such assembly, every member of such assembly is guilty of 
the offence of rioting.

147.  Punishment for rioting:  
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term 
which may extend to two years, or with fine, or with both.  
  
148.  Rioting, armed with deadly weapon:  
Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a 
weapon of offence, is likely to cause death, shall be punished with imprisonment of either 
description for a term which may extend to three years, or with fine , or with both.  
  
149.  Every member of unlawful assembly guilty of offence committed in prosecution of common 
object:  
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 members of that assembly knew to be likely to be 
committed in prosecution of that object, every person who, at the time of  the committing of that 
offence, is a member of the same assembly, is guilty of that offence.

offence, is a member of the same assembly, is guilty of that offence.  
  
150.  Hiring, or conniving at hiring, of persons to join unlawful assembly:  
Whoever hires or engages, or employs, or promotes, or connives at the hiring  engagement or 
employment of any person to join or become a member of any unlawful assembly, shall be 
punishable as a member of such Unlawful assembly, and for any offence which may be committed 
by any such person as a member of such unlawful assembly in p ursuance of such hiring, 
engagement or employment, in the same manner as if he had been a member of such unlawful 
assembly, or himself had committed such offence.  
  
151.  Knowingly joining or continuing in assembly of five or more persons after it has commanded to 
disperse:  
Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a

disperse:  
Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a 
disturbance of the public peace, after such assembly has been lawfully commanded to disperse, 
shall be punished with imprisonment of either description for a term which may extend to six 
months or with fine, or with both.  
Explanation:  If the assembly is an unlawful assembly within the meaning of Section 141, the

offender will be punished under Section 145.  
  
152.  .Assaulting to obstructing public servant when suppressing riot, etc.:  
Whoever assaults or threatens to assault, or obstructs or attempts to obstruct a public servant in 
the discharge of his dut y as such public servant, in endeavouring to disperse an unlawful assembly, 
or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public 
servant, shall be punished with imprisonment of either description for a te rm which may extend to 
three years or with fine, or with both.  
  
153.  Wantonly giving provocation with intent to cause riot  
 if rioting be 
not committed:  Whoever malignantly, or wantonly, by doing anything which is illegal, lives 
provocation to any person intending or knowing it to be likely that such 
provocation will cause the offence of rioting be committed, shall, if the offence 
of rioting be committed i n consequence of such provocation, be punished with

of rioting be committed i n consequence of such provocation, be punished with 
imprisonment of either description for a term which may extend to one year, 
or with fine, or with both; and if the offence if rioting be not committed, with 
imprisonment of either description for a term w hich may extend to six months, 
or with fine, or with both.  
  
 39[ 
153-
A. Promoting enmity between different groups, etc.:  
Whoever  
(a) by words, either spoken or written, or by signs, or by visible representations or otherwise, 
promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of 
both, residence. language, caste or community or any other ground whatsoever, disharmony 
or feelings of enmity, hatred or ill -will between different religious, racial, language or regional 
groups or castes or communities; or

groups or castes or communities; or  
(b) commits, or incites any other person to commit, any act which is prejudicial to the 
maintenance of harmony between different religious, racial, language or regional groups or 
castes or communities or any group of persons identifiable as such on any ground whatsoever

and which disturbs or is likely to disturb public tranquillity; or  
(c) organizes, or incites any other person to organize, and exercise, movement, drill or other 
similar activity intending that the participants in any such activity shall us e or be trained to use 
criminal force or violence or knowing it to be likely that the participants in any such activity 
will use or be trained to use criminal force or violence or participates, or incites any other 
person to participate, in any such activi ty intending to use or be trained to use criminal force 
or violence or knowing it to be likely that the participants in any such activity will use or be 
trained, to use criminal force or violence, against any religious, racial, language or regional 
group o r caste of community or any group of persons identifiable as such on any ground 
whatsoever and any such activity for any reason whatsoever cause or is likely to cause fear or

whatsoever and any such activity for any reason whatsoever cause or is likely to cause fear or 
alarm or a feeling of insecurity amongst members of such religious, racial, langu age or 
regional group or caste or community. shall be punished with imprisonment for a term which 
may extend to five years and with fine.  
Explanation:  It does not amount to an offence within the meaning of this section to point but, 
without malicious in tention and with an honest view to their removal, matters which are 
producing, or have a tendency to produce, feelings of enmity or hatred between different 
religious, racial, language or regional groups or castes or communities.  
  
153-
B. Inducing students, etc., take part in political activity:  
Whoever by words, either spoken or written, or by signs, or by visible representations, or 
otherwise, induce or attempts to induce any student, or any class of students, or any institution

otherwise, induce or attempts to induce any student, or any class of students, or any institution 
intereste d in or connected with students, to take part in any political activity which disturbs or 
undermines, or is likely disturb or undermine, the public order shall be punished with 
imprisonment which may extend to two years or –with fine or with both.  
  
] 39 
154.  Owner or occupier of land on which an unlawful assembly is held:  
Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which 
unlawful assembly is held, or such riot is committed, and any person having or claiming an interest 
in such land, shall be punishable with fine not exceeding   40[three thousand rupees] 40, if he or his 
agent or manager, knowing t hat such offence is being or has been committed, or having reason to

agent or manager, knowing t hat such offence is being or has been committed, or having reason to 
believe it is likely to be committed, do not give the earliest notice thereof in his or their power to 
the principal officer at the nearest police station, and do not, in the case of his or their having 
reason to believe that it was about to be committed, use all lawful means in his or their power to 
prevent it and, in the event of its taking place, do not use all lawful means in his or their power to

disperse or suppress the riot or unlaw ful assembly.  
  
155.  Liability of person for whose benefit riot is committed:  
Whenever a riot is committed for the benefit or on behalf of any person who is the owner or 
occupier of any land respecting which such riot takes place or who claims any  interest in such land, 
or in the subject of any dispute which gave rise to the riot, or who has accepted or derived 'any 
benefit there from, such person shall be punishable with fine, if he or his agent or manager, having 
reason to believe that such riot was likely to be committed or that the unlawful assembly by which 
such riot was committed was likely to be held, shall not respectively use all lawful means in his or 
their power to prevent such assembly or riot from taking place, and for suppressing and d ispersing 
the same.  
  
156.  Liability of agent of owner or occupier for whose benefit riot is committed:  
Whenever a riot is committed for the benefit or on behalf of any person who is the owner or

the same.  
  
occupier of any land respecting which such riot takes place, or who claims any interest in such land, 
or in the subject of any dispute which give rise to the riot, or who has accepted or derived any 
benefit there from, the agent or manager of such person shall be punishable with fine, if such 
agent or manager, having reason to believe that such riot was likely to be committed or that the 
Unlawful assembly by which su ch riot was committed was likely to be held, shall not use all lawful 
means in his power to prevent such riot or assembly from taking place and for suppressing and 
dispersing the same.  
  
157.  Harbouring persons hired for an unlawful assembly:  
Whoe ver harbours, receives or assembles, in any house or premises in his occupation or charge, or

Whoe ver harbours, receives or assembles, in any house or premises in his occupation or charge, or 
under his control any persons knowing that such persons have been hired, engaged or employed, 
or are about to be hired, engaged or employed, to join or become mem bers of an unlawful 
assembly, shall be punished with imprisonment of either description for a term which may extend 
to six months, or with fine, or with both.  
  
158.  Being hired to take part in an unlawful assembly or riot:  
Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing 
any of the acts specified in Section 141, shall be punished with imprisonment of either description 
for a term which may extend to six months, or with fine,  or with both,  
 or to go and whoever, being so engaged or aforesaid, goes armed, or engages or offers to go

armed:  armed, with any deadly weapon or with anything which used as a weapon of offence is 
likely to cause death, shall be punished with impr isonment of either description for a 
term which may extend to two years, or with fine, or with both.  
 
159.  Affray:  
When two or more persons, by fighting in a public place, disturb the public peace, they are said to 
commit an affray.  
  
160.  Punishment for committing affray:  
Whoever commits an affray, shall be punished with imprisonment of either description for a term 
which may extend to one month, or with fine which may extend to   41[three thousand rupees] 41, or 
with both.  
  
IX 
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS  
161.  Public servant taking gratification other than legal remuneration in respect to an official act:  
Whoever, being or expecting to be a public servant, accepts or obtains, agrees to accept, or 
attempts to obtain from any person, for himself or for any other person, any gratification

attempts to obtain from any person, for himself or for any other person, any gratification 
whatever, other than legal remuneration, as a motive or reward for doing  or forbearing to do any 
official act or for showing or forbearing to show, in the exercise of his official functions, favour or 
disfavour to any person, or for rendering or attempting to render any service or disservice to any 
person, with the Federal, or  any Provincial Government or Legislature or with any public servant, as 
such, shall be punished with imprisonment of either description for a term which may extend to 
three years or with fine or with both.  
Explanation:  
 "Expecting to be a 
public serva nt": If a person not expecting to be in office obtains a gratification by deceiving 
others into a belief that he is about to be in office, and that he will then 
serve them, he may be guilty of cheating, but he is not guilty of the offence

serve them, he may be guilty of cheating, but he is not guilty of the offence 
defined in this sectio n.

"Gratification":  The word "gratification" is not restricted to pecuniary gratifications, or to 
gratifications estimable in money.  
  
 "Legal 
remuneration":  The words "legal remuneration" are not restricted to remuneration, which a 
public servant can lawfully demand, but include all remuneration which he 
is permitted by the authority by which he is employed, to accept.  
  
 "A motive or reward 
for doin g": A person who receives gratification as a motive for doing what he does not 
intend to do, or as a reward for doing what he has done, comes within 
these words.  
  
 42[ "Public 
servant":  In this section and in Sections 162, 63, 164, 165, 166, 167, 168, 169 and 409, 
'public servant' includes an employee of any corporation or other body or 
organisation set up, controlled or administered by, or under the authority of, the 
Federal Government.] 42 
  
(a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A's brother, as a reward to A

(a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A's brother, as a reward to A 
for deciding a case in favour of Z. A has committed the offence defined in this section.  
  
(b) A, holding the office of Consul at the Court of a Forei gn Power accepts a lakh of rupees from 
the Minister of that Power. It does not appear, that A accepted this sum as a motive or reward 
for doing or forbearing to do any particular official act, or for rendering or attempting to 
render any particular service  to that Power, with the Government of Pakistan. But it does 
appear that A accepted the sum as a motive or reward for generally showing favour in the 
exercise of his official functions to that Power. A has committed the offence defined in this 
section.

(c) A, a public servant, induces Z erroneously to believe that A's influence with the Government 
has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has 
committed the offence defined in this section.  
  
162.  Taking gratification, in order by corrupt or illegal means to influence public servant:  
Whoever accepts or obtains, or agrees to accept, or attempts to obtain from any person, for 
himself or for any other person, any gratification whatever as a motive or reward for inducing, by 
corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the 
exercise of the official functions of such public servant to show favour or disfavour to any person, 
or to render or attempt to render any service or disservice to any person with the Federal or any 
Provincial Government o r Legislature, or with any public servant, as such, shall be punished with

Provincial Government o r Legislature, or with any public servant, as such, shall be punished with 
imprisonment of either description for a term which may extend to three years, or with fine, or 
with both.  
  
163.  Taking gratification, for exercise of personal influence w ith public servant:  
Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself 
or for any other person, any gratification whatever, as a motive or reward for inducing, by the 
exercise of personal influence, any publi c servant to do or to forbear to do any official act, or in the 
Provincial Government or Legislature, or with any public servant, as such, shall be punished with

Provincial Government or Legislature, or with any public servant, as such, shall be punished with 
simple imprisonment for a term which may extend to one year, or with fine, or with both.   
An advocate who receives a fee for arguing a ca se before a Judge; a person who receives pay for 
arranging and correcting a memorial addressed to Government, setting forth the service and claims 
of the memorialist, a paid agent for a condemned criminal, who lays before the Government 
statements tending to show that the condemnation was unjust, are not within this section, 
inasmuch as they do not exercise or profess to exercise personal influence.  
  
164.  Punishment for abetment by public servant of offences defined in Section 162 or 163:  
Whoever, being a public Servant, in respect of whom either of the offences defined in the last two

Whoever, being a public Servant, in respect of whom either of the offences defined in the last two 
preceding sections is committed, abets the offence, shall be punished with imprisonment of either

description for a term which may extend to three years, or with fine or with both.   
A is a public servant. B, A's wife receives a present as a motive for soliciting A to give an office to a 
particular person. A abets her doing so. B is punishable with imprisonment for a term not 
exceeding one year, o r with fine or with both. A is punishable with imprisonment for a term which 
may extend to three years, or with fine, or with both.  
  
165.  Public servant obtaining valuable thing, without consideration from person concerned in 
proceeding or business transacted by such public servant:  
Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for 
himself, o r for any other person, any valuable thing without consideration, or for a consideration 
which he knows to be inadequate. from any person whom he knows to have been, or to be, or to 
be likely to be concerned in any proceeding or business transacted or abou t to be transacted by

be likely to be concerned in any proceeding or business transacted or abou t to be transacted by 
such public servant, or having any connection with the official functions of himself or of any public 
servant to whom he is subordinate, or from any person whom he knows to be interested in or 
related to the person so concerned, shall  be punished with imprisonment of either description for a 
term which may extend to three years, or with fine, or with both.   
(a) A, a Collector, hires, a house of Z, who has a settlement case pending before, him. It is agreed 
that A sh all pay fifty rupees a month, the house being such that, if the bargain were made in 
good faith, A would be required to pay two hundred rupees a month. A has obtained a 
valuable thing from Z without adequate consideration.  
  
(b) A, a Judge, buys of Z, who has a case pending in A's Court, Government promissorynotes at a

(b) A, a Judge, buys of Z, who has a case pending in A's Court, Government promissorynotes at a 
discount, when they are selling in the market at a premium. A has obtained a valuable thing 
from Z without adequate consideration.  
  
(c) Z's brother is app rehended and taken before A a Magistrate, on a charge of perjury. A sells to Z 
shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for 
the shares accordingly. The money so obtained by A is a valuable thing obtained by  him 
without adequate consideration.

43[ 
165-
A Punishment for abetment of offences defined in Sections 161 and 165:  
Whoever abets any offence punishable under Section 161 or Section 165 shall, whether the 
offence abetted is or is not committed in consequence of the abetment, be punished with the 
punishment provided for the offence.  
  
] 43 
 44[ 
165-
B Certain abettors excepted:  
A person shall be deemed not to abet an offence punishable under Section 161 or Section 165 if he 
is induced, compelled, coerced, or intimidated to offer or give any such gratification as is referred 
to in Section 161 for any of the purposes mentioned ther ein, or any valuable thing without 
consideration, or for an inadequate consideration, to any such public servant as is referred to in 
Section 165.  
  
] 44 
166.  Public servant disobeying law, with intent to cause injury to any person:  
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in

] 44 
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in 
which he is to conduct himself as such public servant, intending to cause, or kn owing it to be likely 
that he will, by such disobedience, cause injury to any person, shall be punished with simple 
imprisonment for a term which may extend to one year, or with fine, or with both.   
A, being an officer directed by law to take property in execution, in order to satisfy a decree 
pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the 
knowledge that he is likely thereby to cause injury to Z. A h as committed the offence defined in this 
section.  
  
167.  Public servant framing an incorrect document with intent to cause injury:  
Whoever, being a public servant, and being, as such public servant, charged with the preparation or

section.  
  
Whoever, being a public servant, and being, as such public servant, charged with the preparation or 
translation of any document, frames or translates that document in a manner which he knows or 
believes to be incorrect, intending thereby to cause or knowin g it to be likely that he may thereby

cause injury to any person, shall be punished with imprisonment of either description for a term 
which may extend to three years, or with fine, or with both.  
  
168.  Public servant unlawfully engaging in trade:  
Whoever, being a public servant, and being legally bound as such public servant not to engage in 
trade, engages in trade shall be punished with simple imprisonment for a term which may extend 
to one year, or with fine, or with both.  
  
169.  Public  servant unlawfully buying or bidding for property:  
Whoever, being a public servant, and being legally bound as such public servant, not to purchase or 
bid for certain property, purchases or bids for that property, either in his own name or in the name 
of another, or jointly, or in shares with other, shall be punished with simple imprisonment for a 
term which may extend to two years, or with fine, or with both; and the property, if purchased, 
shall be confiscated.  
  
170.  Personating a public servan t:

170.  Personating a public servan t: 
Whoever, pretends to hold any particular office as a public servant, knowing that he does not hold 
such office or falsely personates any other person holding such office, and in such assumed 
character does or attempts to do any act under colour of such office, shall be punished with 
imprisonment of either description, for a term which may extend to two years, or with fine, or with 
both.  
  
171.  Wearing garb or carrying token used by public servant with fraudulent intent:  
Whoever, not belonging to a certain class of public servants, wears any garb or carries any token 
resembling any garb or token used by that class of public servants, with the intention that it may be 
believed, or with the knowledge that it is likely to be believed, that he belongs to that class of

believed, or with the knowledge that it is likely to be believed, that he belongs to that class of 
public servants, shall be punished with imprisonment of either description, for a term which may 
extend to three months, or which may extend to   45[six hundred rupees] 45, or with both.  
  
 46[ 
 
IX-A

OF OFFENCES RELATING TO ELECTIONS  
171-
A "Candidate", "Electoral right" defined:  
For the purposes of this Chapter:  
(a) "candidate" means a person who has been nominated as a candidate at any election and 
includes a person who, when an election is in contemplation, holds himself out as a 
prospective candidate thereat: provided he i s subsequently nominated as a candidate at such 
election;  
(b) "electoral right" means the right of a person to stand, or not to stand as, or to withdraw from 
being, a candidate or to vote or refrain from voting at an election.  
 
171-
B. Bribery:  
(1) Whoever -- 
(i) gives a gratification to any person with the object of inducing him or any other person to 
exercise any electoral right or of rewarding any person for having exercised any such 
right; or  
(ii) accepts either for himself or for any other person any gratification as a reward for 
exercising any such right, or for inducing or attempting to induce any other person to

right; or  
exercising any such right, or for inducing or attempting to induce any other person to 
exercise any such right, commit the offence of bribery;  
Provided  that a declaratio n of public policy or a promise of public action shall not be an 
offence under the section.  
  
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be 
deemed to give a gratification.  
  
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be 
deemed to accept a gratification, and a person who accepts a gratification as a motive for 
doing what he does not intend to do, or as a reward for doing what he has not  done, shall be 
deemed to have accepted the gratification as a reward.

171-
C Undue influence at election:  
(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral 
right commits the offence of undue influence at an election.  
  
(2) Without prejudice to the generality of the provisions of sub -section (1), whoever: - 
(a) threatens any candidate or voter, or" any person in whom a candidate or voter is 
interested, with injury of any kind, or  
(b) induces or attempts to induce a candidate or voter to believe that he or any person in 
whom he is interested will become or will be rendered an object of Divine displeasure or 
of spiritual censure,  
shall be deemed to interfere with the free exercise of the electoral right of such candidate or 
voter, within the meaning of sub -section (1).  
  
(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal 
right  without intent to interfere with an electoral right, shall not be deemed to be 
interference within the meaning of this section.

interference within the meaning of this section.  
  
171-
D. Personation at elections:  
Whoever at an election applies for a voting paper or votes in the nature of any other person, 
whether living or dead, or in a fictitious name, or who having voted once at such election applies 
at the same election for a voting paper in his own name, and wh oever abets, procures or attempts 
to procure the voting by any person in any such way, commits the offence of personation at an 
election.  
  
171-
E. Punishment for bribery:  
Whoever commits the offence of bribery shall be punished with imprisonment o f either 
description for a term -which may extend to one year, or with fine or with both;

Provided  that bribery by treating shall be punished with fine only.  
Explanation:  'Treating' means that form of bribery where the gratification consist in food, drink, 
entertainment, or provision.  
  
171-
F. Punishment for undue influence or personation at an election:  
Whoever commits the offence of undue influence or personation at an election shall be punished 
with imprisonment of either description for a term which may extend to one year, or with fine, or 
with both.  
  
171-
G. False statement in connection with  an election:  
Whoever with intent to affect the result of an election makes or publishes any statement 
purporting to be a statement of fact which is false and which he either knows or believes to be 
false or does not believe to be true, in relation to the personal character or conduct of any 
candidate shall be punished with fine.  
  
171-
H. Illegal payments in connection with an election:

171-
H. Illegal payments in connection with an election:  
Whoever without the general or special authority in writing of a candidate incurs or authorises 
expenses on account of the holding of any public meeting, or upon any advertisement, circular or 
publication, or in any other way whatsoever for the purpose of promoting or procuring the 
election of such candidate, shall be punished with fine which may extend to   47[one thousand five 
hundred rupees] 47: 
Provided  that if any person having incurred any such expenses not exceeding the amount of ten 
rupees without authority obtains within ten days from the date on which such expenses w here 
incurred the approval in writing of the candidate, he shall be deemed to have incurred such 
expenses with the authority of the candidate.  
  
171-
I. Failure to keep election accounts:

171-
I. Failure to keep election accounts:  
Whoever being required by any law for the time being in forc e or any rule having the force of law 
to keep accounts of expenses incurred at or in connection with an election fails to keep such 
accounts shall be punished with fine which may extend to five hundred rupees.  
  
 48[

171-
J. Inducing any person not to participate in any election or referendum, etc.:  
Whoever by words, either spoken or written, or by visible representatio ns, induces or directly or 
indirectly, persuades or instigates, any person not to participate in, or to boycott, any election or 
referendum, or not to exercise his right of vote thereat, shall be punishable with imprisonment of 
either description for a ter m which may extend to three years, or with fine which may extend to 
five lac rupees, or with both.  
  
] 48] 46 
 
X 
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS  
172.  Absconding to avoid service of summons or other proceedi ng: 
Whoever absconds in order to avoid being served with a summons, notice or order proceeding 
from any public servant legally competent, as such public servant, to issue such -summons, notice 
or order, shall be punished with simple imprisonment for a term  which may extend to one month,

or order, shall be punished with simple imprisonment for a term  which may extend to one month, 
or with fine which may extend to   49[one thousand five hundred rupees] 49, or with both; or, if the 
summons or notice or order is to attend in person or by agent, or to produce a document in a Court 
of Justice, with simple imprisonment for a term which may extend to six months, or with fine wh ich 
may extend to   50[three thousand rupees] 50, or with both.  
  
173.  Preventing service of summons or other proceeding, or preventing publication thereof:  
Whoever in any manner intentionally prevents the serving on himself, or on other person, of any 
summons, notice or order proceeding from any public servant legal ly competent as such public 
servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any

servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any 
place of any such summons, notice or order, or intentionally removes any such summons, notice or 
order, from any place to whic h it is lawfully affixed, or intentionally prevents the lawful making of 
any proclamation, under the authority of any public servant legally competent, as such public 
servant, to direct such proclamation to be made, shall be punished with simple imprisonme nt for a 
term which may extend to one month, or with fine which may extend to   51[one thousand five 
hundred rupees] 51, or with both; or if the summons, notice, order or proclamation is to attend in 
person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a 
term which may extend to six months, or with fine which may extend to   52[three thousand 
rupees] 52, or with both.

174.  Non -attendance in obedience to an order from public servant:  
Whoever, being legally bound to attend in person or by an agent at a certain place and time in 
obedience to a summons, notice, order or proclamation proceeding from any public servant legally 
competent, as such  public servant to issue the same, intentionally omits to attend at that place or 
time, departs from the place where he is bound to attend before the time at which it is lawful for 
him to depart, shall be punished with simple imprisonment for a term which may extend to one 
month, or with fine which may extend to   53[one thousand five hundred rupees] 53, or with both; or, 
if the summons, notice, order or proclamation is to attend in person or by agent in a Court of 
Justice, with simple imprisonment for a term which may extend to six months, or with fine which 
may extend to 54[three thousand rupees] 54, or with both; or, if the proclamation be un der Section

may extend to 54[three thousand rupees] 54, or with both; or, if the proclamation be un der Section 
87 of the Code of Criminal Procedure, 1898, with imprisonment which may extend to three years, 
or with fine, or with both.   
(a) A, being legally bound to appear before the High Court of   55[Sind] 55 in obedience to a 
subpoena issuing from that Court, intent ionally omits to appear. A has committed the offence 
defined in this section.  
  
(b) A, being legally bound to appear before a Zila Judge as a witness in obedience to a summons 
issued by that Zila Judge, intentionally omits to appear. A has committ ed the offence defined 
in this section.  
  
175.  Omission to produce document to public servant by person legally bound to produce it:  
Whoever being legally bound to produce or deliver up any document to any public servant, as such,

Whoever being legally bound to produce or deliver up any document to any public servant, as such, 
intentionally omits so to produce or deliver up the same, shall be punished with simple 
imprisonment for a term which may extend to one month, or with fine wh ich may extend to   56[one 
thousand five hundred rupees] 56, or with both; or, if the document is to be produced or delivered 
up to Court of Justice, with simple imprisonment for a term which may extend to six months, or 
with fine which may extend to   57[three thousand rupees] 57, or with both.   
A, being legally bound to produce a document before a Zila Court, intentio nally omits to produce 
the same. A has committed the offence defined in this section.

176.  Omission to give notice or information to public servant by person legally bound to give it:  
Whoever, being legally bound to give any notice or to furnish  information on any subject to any 
public servant, as such, intentionally omits to give such notice or to furnish such information in the 
manner and at the time required by law, shall be punished with simple imprisonment for a term 
which may extend to one month, or with fine which may extend to   58[one thousand five hundred 
rupees] 58, or with both; or, if the notice or information required to be given respects the 
commission of an offence, or is required for the purpose of preventing the commission of an 
offence, or in order to the apprehension of an offender, with simple im prisonment for a term 
which may extend to six months, or with fine which may extend to one thousand rupees or with 
both; or, if the notice or information required to be given is required by an order passed under sub -

section (1) of Section 565 of the Code o f Criminal Procedure, 1898 (V of 1898) with imprisonment, 
of either description for a term which may extend to six months, or with fine which may extend 
to  59[three thousand rupees] 59, or with both.  
  
177.  Furnishing false information:  
Whoever, being legally bound to furnish information on any subject to any public servant, as such, 
furnishes, as true, information on the subject which he knows or has reason to believe to be false, 
shall be punished with simple imprisonment for a term whi ch may extend to six months, or with 
fine which may extend to   60[three thousand rupees] 60, or with both; or, if the information which he 
is legally bound to give respects the commission of an offence, or is required for the purpose of

is legally bound to give respects the commission of an offence, or is required for the purpose of 
preventing the commission of an offence, or in order to the apprehension of an offender, with 
imprisonment of either description for a term which may extend to two years, or with fine, or with 
both.   
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully 
misinforms the Magistrat e of the district that the death has occurred by accident in 
consequence of the bite of a snake. A is guilty of the offence defined in this section.  
  
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his 
village in order to commit a dacoity in the house of Z a wealthy merchant residing in a 
neighbouring place, and being bound, under Clause 5, Section VII, Regulation  III, 1821, of the 
Bengal Code to give early and punctual information of the above fact to the officer, of the

Bengal Code to give early and punctual information of the above fact to the officer, of the 
nearest police station, wilfully misinforms the police -officer that a body of suspicious 
characters passed through the village with a view to com mit dacoity in a certain distinct place 
in a different direction. Here A is guilty of the offence defined in the latter part of this section.

Explanation:  In Section 176 and in this section the word "offence" includes any act committed at 
any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the 
following sections, namely, 302, 304, 382, 392, 393, 394, 395; 396, 397, 39 8, 399, 402, 435, 436, 
449, 450. 457, 458, 459 and 460; and the word "offender" includes any person who is alleged to 
have been guilty of any such act.  
  
178.  Refusing oath or affirmation when duly required by public servant to make it:  
Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to 
bind himself by a public servant legally competent to require that he shall so bind himself, shall be 
punished with simple imprisonment far a term which may e xtend to six months, or with fine which 
may extend to   61[three thousand rupees] 61, or with both.  
  
179.  Refusing to answer public servant authorised to question:

179.  Refusing to answer public servant authorised to question:  
Whoever, being legally bound to state the truth on any subject to any public servant, refuses to 
answer any question demanded of him touching that subjec t by such public servant in the exercise 
of the legal, powers of such public servant shall be punished with simple imprisonment for a term 
which may extend to six months, or with fine which may extend to   62[three thousand 
rupees] 62 rupees, or with both.  
  
180.  Refusing to sign statement:  
Whoever refuses to sign any statement made by him, when required to sign that statement by a 
public servant legally competent to require that he shall sign that statement, shall be punished with 
simple imprisonment for a term which may extend to six months , or with fine which may extend 
to  63[one thousand] 63, or with both.

to  63[one thousand] 63, or with both.  
  
181.  False statement on oath or affirmation to public servant or person authorised to administer an 
oath or affirmation:  
Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any 
public servant or other per son authorized by law to administer such oath or affirmation, makes, to 
such public servant or other person as aforesaid, touching that subject any statement which is 
false, and which he either knows or believes to be false or does not believe to be true, shall be 
punished with imprisonment of either description for a term which may extend to three years, and

182.  False information with intent to cause public servant to use his lawful power to the injury of 
another person:  
Whoever gives to any public servant any information which he knows or believes to be false, 
intending thereby to cause, or knowing it to be likel y that he will thereby cause, such public servant 
:- 
(a) to do or omit anything which such public servant ought not to do or omit if the true state of 
facts respecting which such information is given were known by him, or  
(b) to use the lawful power of such public servant to the injury or annoyance of any person,  
months, or with fine which may extend to   64[three thousand rupees] 64, or with both.   
(a) A informs a Magistrate that Z, a police -officer, subordinate to such Magistrate, has been guilty 
of neglect of duty or misconduct, knowing such information to be false, and knowing it to be

of neglect of duty or misconduct, knowing such information to be false, and knowing it to be 
likely that the information will cause the Magistrate to dismiss Z . A has committed the offence 
  
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such 
information to be false, and knowing that it is likely that the consequence of the informati on 
will be a search of premises, attended with annoyance to Z. A has committed the offence 
  
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of 
a particular village. He does not mention the name of any person as one of his assailants, but 
knows it to be likely that in consequence of their information the po lice will make enquiries

knows it to be likely that in consequence of their information the po lice will make enquiries 
and institute searches in the village to the annoyance of the villagers or some of them. A has 
committed an offence under this section.

183.  Resistance to the taking of property by the lawful authority of a public servant:  
Whoever offers any resistance to the taking of any property by the lawful authority of any public 
servant, knowing or having reason to believe that he is such public servant,  shall be punished with 
imprisonment of either description for a term which may extend to six months, or with fine which 
may extend to   65[three thousand rupees] 65, or with both.  
  
184.  Obstructing sale of property offered for sale by authority of public servant:  
Whoever intentionally obstructs any sale of property  offered for sale by the lawful authority of any 
public servant, as such, shall be punished with imprisonment of either description for a term which 
may extend to one month, or with fine which may extend to   66[one thousand five hundred 
rupees] 66 rupees, or with both.  
  
185.  Illegal purchase or bid for property offered for sale by authority of public servant:

185.  Illegal purchase or bid for property offered for sale by authority of public servant:  
Whoever, at any sale of property held by the lawful authority of a public servant, as such, 
purchases or bids for any property on account of any person, whether himself o r "any other, whom 
he knows to be under a legal incapacity to purchase that property at that sale, or bids for such 
property not intending to perform the obligations under which he lays himself by such bidding, 
shall be punished with imprisonment of either  description for a term which may extend to one 
month, or with fine which may extend to   67[six hundred rupees] 67 rupees, or with both.  
  
186.  Obstructing public servant in discharge of public functions:  
Whoever voluntarily obstructs any public servant in the disch arge of his public functions, shall be 
punished with imprisonment of either description for a term which may extend to three months, or

with fine which may extend to   68[one thousand five hundred rupees] 68, or with both.  
  
187.  Omission to assist public servant when bound by law to give assistance:  
Whoever, being bound by law to render or furnish assistance to any public servant in the execution 
of his public duty, intentionally omits to give such assistance, shall be punished with simple 
imprisonment for a term which may extend to one month, or with  fine which may extend to   69[six 
hundred rupees] 69, or with both; an d if such assistance, be demanded of him by public servant 
legally competent to make such demand for the purposes of executing any process lawfully issued 
by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or

by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or 
affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from 
lawful custody, shall be punished with simple imprisonment for a term which may extend to six

months, or with fine which may extend to   70[one thousand five hundred rupees] 70, or with both.  
  
188.  Disobedience to order  duly promulgated by public servant:  
Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to 
promulgate such order, he is directed to abstain from a certain act, or to take certain order with 
certain property in his possess ion or under his management, disobeys such direction, shall, if such 
disobedience causes or tends to cause obstruction, annoyance or injury or risk of obstruction, 
annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for 
a term which may extend to one month or with fine which may extend to   71[six hundred rupees] 71, 
or with both; and if such disobedience causes or tends to cause danger to human' life, health or 
safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either

safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either 
description for a term whic h may extend to six months, or with fine which may extend to   72[three 
thousand rupees] 72, or with both.  
Explanation:  It is not necessary that the offender should intend to produce harm, or contemplate 
his disobedience as likely to produce harm. It i s sufficient that he knows of the order which he 
disobeys, and that his disobedience produces, or is likely to produce harm.  
 
An order is promulgated by a public servant lawfully empowered to promulgate such order, 
directing that a religious procession shall not pass down a certain street. A, knowingly disobeys the 
order, and thereby causes danger of riot. A has committed the offence defined in the section.  
  
189.  Threat of injury to public servant:

189.  Threat of injury to public servant:  
Whoever holds out any threat of injury to any public servant, or to any person in whom he believes 
that public servant to be interested, for the purpose of inducing that public servant to do any act or 
to forbear or delay to do any act, connected with the exercise of the public functions of such public 
servant shall be punished with imprisonment of either description for a term which may extend to 
  
190.  Threat of injury to induce person to refrain from applyi ng for protection to public servant:  
Whoever holds out any threat of injury to any person for the purpose of inducing that person to 
refrain or desist from making a legal application for protection against any injury to any public 
servant legally empowered  as such to give such protection, or to cause such protection to be given,

servant legally empowered  as such to give such protection, or to cause such protection to be given, 
shall be punished with imprisonment of either description for a term which may extend to one

year, or with fine, or with both.  
  
XI 
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE  
191.  Giving false evidence:  
Whoever being legally bound by an oath or by an express provision of law to state the truth, or 
being bound by law to make a declaration upon any subject, makes any statement which is false, 
and which he either knows or believes to be false or does not bel ieve to be true, is said to give false 
evidence.  
Explanation 1: A statement is within the meaning of this section, whether it is made verbally or 
otherwise.  
Explanation 2: A false statement as to the belief of the person attesting is within the meaning of 
this section, and a person may be guilty of giving false evidence by stating that he believes a thing 
which he does not believe, as well as by stating that he knows a thing which he does not know.  
 
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swear on a

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swear on a 
trial that he heard Z admit the justice of B's claim - A has given false evidence.  
  
(b) A, being bound by an oath to state the truth, states that he be lieves a certain signature to be 
the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that 
which he knows to be false, and therefore gives false evidence.  
  
(c) A, knowing the general character of Z's handwriting, states that he believes a certain signature 
to be the handwriting of Z. A in good faith believing it to be so. Here A's statement is merely as 
to his believe, and is true as to his belief, and therefore although the signature may not be 
handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular 
place on a particular day, not knowing anything upon the subjec t, A gives false evidence 
whether Z was at that place on the day named or not.  
  
(e) A, an interpreter or translator, gives or certifies, as a true interpretation or translation of a 
statement, which he is bound by oath to interpret or translate truly, that which is not and 
which he does not believe to be a true interpretation or translati on. A has given false evidence.  
  
192.  Fabricating false evidence:  
Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes 
any document containing a false statement, intending that such circumstance, false entry or false 
statement may appear in evidence in a judicial proceeding, o r in a proceeding taken by law before 
a public servant as such, or before an arbitrator, and that such circumstance, false entry or false

a public servant as such, or before an arbitrator, and that such circumstance, false entry or false 
statement, so appearing in evidence, may cause any person who in such proceeding is to form an 
opinion upon the eviden ce, to entertain an erroneous opinion touching any point material to the 
result of such proceeding, is said to fabricate false evidence.   
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box , 
and that this circumstance may cause Z to be convicted of theft. A has fabricated.  
  
(b) A makes a false entry in his shop -book for the purpose of using it as corroborative evidence in 
a Court of Justice. A has fabricated false evidence.  
  
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in 
imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal 
conspiracy, and puts the letter in a place which he knows tha t the officers of the Police are

conspiracy, and puts the letter in a place which he knows tha t the officers of the Police are 
likely to search. A has fabricated false evidence.

193.  Punishment for false evidence:  
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false 
evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with 
imprisonment of either description for a term, which may extend to seven years, and shall also be 
liable to fine; and whoever, intentionally gives or fabricates false evidence in any other case, shall, 
be punished with imprisonment of either description" for a term which may extend to three years, 
Explanation 1: A trial before a Court -martial is a judicial proceeding.  
Explanation 2: An investigation directed by law preliminary to a proceeding before a Court of 
Justice, is a stage of a judicial proceeding, though that investigation may not take place before a 
Court of Justice. 73[] 73 
Explanation 3: An investigation directed by a Court of Justice according to law, and conducted

Explanation 3: An investigation directed by a Court of Justice according to law, and conducted 
under the a uthority of a Court of Justice, is a stage of a judicial proceeding/though that 
investigation may not take place before a Court of Justice.   
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the 
boundar ies of land, makes on oath a statement which he knows to be false. As this enquiry is a 
stage of a judicial proceeding, A has given false evidence.  
  
194.  Giving or fabricating false evidence with intent to procure conviction of capital offence:  
Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely 
that he will thereby cause any person to be convicted on an offence which is capital by any law for 
the time being in force, shall be punished with imprisonme nt for life, or with rigorous

the time being in force, shall be punished with imprisonme nt for life, or with rigorous 
imprisonment for a term which may extend to ten years, and shall also be liable to fine; if innocent 
person be thereby convicted and executed : and if an innocent person be convicted and executed 
in consequence of such false e vidence the person who gives such false evidence shall be punished 
either with death or the punishment hereinbefore described.  
  
195.  Giving or fabricating false evidence with intent to procure conviction of offence punishable with 
imprisonment for life or for a term of seven years or upwards:  
Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be like ly 
that he will thereby cause any person to be convicted of an offence which by any law for the time 
being in force is not capital, but punishable with imprisonment for life, or imprisonment for a term

of seven years or upwards, shall be punished as a pers on convicted of that offence would be liable 
to be punished.   
A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a 
dacoity. The punishment of dacoity is imprisonment for life or rigorous imprison ment for a term, 
which may extend to ten years, with or without fine. A, therefore, is liable to such imprisonment 
for life or imprisonment with or without fine.  
  
196.  Using evidence known to be false:  
Whoever corruptly uses or attempts to use as  true or genuine evidence, any evidence which he 
knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated 
false evidence.  
  
197.  Issuing or signing false certificate:  
Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact 
of which such certificate is by law admissible in evidence, knowing or believing that such certificate

of which such certificate is by law admissible in evidence, knowing or believing that such certificate 
is false in any material point, shall be punished in the same manner as if he gave false evidence.  
  
198.  Using as true a certificate known to be false:  
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the 
same to be false in any material point, shall be punished in the same manner as if he gave false 
evidence.  
  
199.  False statement made in declaration which is by law receivable as evidence:  
Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or 
any public servant or other person, is bound or authorized by law to receive as evidence of any 
fact, makes any statement which is false, and which he either knows or believes to be false or does 
not believe to be true, touching any point material to the object -for which the declaration is made

not believe to be true, touching any point material to the object -for which the declaration is made 
or used, shall be punished in the same manner as if he gave false evidence.  
  
200.  Using as true such declara tion knowing it to be false:  
Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be

false in any material point, shall be punished in the same manner as if he gave false evidence.  
Explanation:  A declaration, which is  inadmissible merely upon the ground of some informality, is a 
declaration within the meaning of Sections 199 and 200.  
  
201.  Causing disappearance of evidence of offence, or giving false information to screen offender:  
Whoever, knowing or having reason to believe that an offence has been committed, causes any 
evidence of the commission of that offence to disappear, with the intention of screening the 
offender from legal punishment, or with that intention gives any inform ation respecting the 
offence which he knows or believes to be false;  
 if a capital offence:  shall, if the offence which he knows or believes to have been committed 
is punishable with death, be punished with imprisonment of either 
description for a t erm which may extend to seven years, and shall also be 
liable to fine;  
 if punishable with

 if punishable with 
imprisonment for life:  and if the offence is punishable with imprisonment for life, or with 
imprisonment which may extend to ten years shall be punished with 
imprisonment of either description for a term which may extend to three 
years, and shall also be liable to fine:  
 if punishable with less 
than ten years' 
imprisonment:  and if the offence is punishable with imprisonment for any term not 
extending to ten years, shall be punished with imprisonment of the 
description provided for the offence, for a term which may extend t o one -
fourth part of the longer term of the imprisonment provided for the 
offence, or with fine, or with both.  
 
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening 6 from

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening 6 from 
punishment. A is liable to imprisonment of either description for seven years, and also to fine.  
  
202.  Intentional omission to give information of  offence by person bound to inform:  
Whoever, knowing or having reason to believe that an offence has been committed, intentionally 
omits to give any information respecting that offence which, he is legally bound to give, shall be 
punished with imprisonment  of either description for a term which may extend to six months, or 
with fine, or with both.

203.  Giving false information respecting an offence committed:  
Whoever, knowing or having reason to believe that an offence has been committed, gives any 
information respecting that offence which he knows or believes to be false shall be punished with 
imprisonment of either description for a term which may extend to t wo years, or with fine, or with 
both.  
Explanation:  In Sections 201 and 202 in this section the word "offence" includes any act committed 
at any place out of Pakistan, which, if committed in Pakistan, would be punishable under any of the 
following sections,  namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 
449, 450, 457, 458, 459, and 460.  
  
204.  Destruction of document to prevent its production as evidence:  
Whoever Secrets or destroys any document which he may be lawfull y compelled to produce as 
evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or

evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or 
obliterates or renders illegible the whole or any part of such document with the intention of 
preventing the same from being p roduced or used as evidence before such Court, or public servant 
as aforesaid, or after he shall have been lawfully summoned or required to produce the same for 
that purpose, shall be punished with imprisonment of either description for a term which may 
extend to two years or with fine, or with both.  
  
205.  False personation for purpose of act or proceeding in suit or prosecution:  
Whoever falsely personates another, and in such assumed character makes any admission or 
statement, or confesses judgment, or causes any process to be issued or becomes bail or security, 
or does any other act in any suit or criminal prosecution, shall be p unished with imprisonment of

or does any other act in any suit or criminal prosecution, shall be p unished with imprisonment of 
either description for a term which may extend to three years or with fine, or with both.  
  
206.  Fraudulent removal or concealment of property to prevent its seizure as forfeited or in 
execution:  
Whoever fraudulently r emoves, conceals, transfers or delivers to any person any property or any 
interest therein, intending thereby to prevent that property or interest therein from being taken as 
a forfeiture or in satisfaction of a fine, under a sentence which has been pronou nced, or which he 
knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from 
being taken in execution of a decree or order which has been made, or which he knows to be likely 
to be made by a Court of Justice in a civil  suit, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.  
  
207.  Fraudulent claim to property to prevent its seizure as forfeited or in execution:  
Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing 
that he has no right or rightful claim to such property or interest, or practises any deception 
touching any right to any property or any interest therein, inten ding thereby to prevent that 
property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a 
sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court 
of Justice or other competent au thority, or from being taken in execution of a decree or order 
which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, 
shall be punished with imprisonment of either description for a term which' may extend to t wo 
years, or with fine, or with both.

years, or with fine, or with both.  
  
208.  Fraudulently suffering decree for sum not due:  
Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of 
any person for a sum not due, or for a larger sum than is due to such person or for any property or 
interest in property to which such person is not entitled, or fraudulently causes or suffers a decree 
or order to be executed against him after it has been satisfied, or for anything in respect of which it 
has been  satisfied, shall be' punished with imprisonment of either description for a term which may 
extend to two years, or with fine, or with both.   
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him fraudulent ly 
suffers a judgment to pass against him for a larger amount at the Suit of B, who has no just claim

suffers a judgment to pass against him for a larger amount at the Suit of B, who has no just claim 
against him, in order that B, either on his own account or for the benefit of Z, may share in the 
proceeds of any sale of Z's property which may be made u nder A's decree. Z has committed an 
offence under this section.  
  
209.  Dishonestly making false claim in Court:  
Whoever fraudulently or dishonestly, or with intent to injure any person, makes in a Court of 
Justice any claim which he knows to be false, shall be punished with imprisonment of either 
description for a term which may extend to two years, and shall also b e liable to fine.  
  
210.  Fraudulently obtaining decree for sum not due:

Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a 
larger sum than is due, or for any property or interest in property to which he i s not entitled, or 
fraudulently causes a decree or order to be executed against any person after it has been satisfied 
or for anything in respect of which it has been satisfied, or fraudulently, suffers or permits any such 
act to be done in his name, shall  be punished with imprisonment of either description for a term 
  
211.  False charge of offence made with intent to injure:  
Whoever with intent to cause injury to any person, institutes or causes to be instituted any criminal 
proceeding against that person, or falsely charges any person with having committed as offence, 
knowing that there is no just or lawful ground for such pr oceeding or charge against that person, 
shall be punished with imprisonment of either description for a term which may extend to two

shall be punished with imprisonment of either description for a term which may extend to two 
years, or with fine, or with both, and if such criminal proceeding be instituted on a false charge of 
an offence punishable  with death, imprisonment for life or imprisonment for seven years or 
upwards, shall be punishable with imprisonment of either description for a term which may extend 
to seven years, and shall also be liable to fine.  
  
212.  Harbouring offender:  
Whenever an offence has been committed, whoever harbours or conceals a person whom he 
knows or has reason to believe to be the offender, with the intention of screening him from legal 
punishment,  
 if a capital offence:  shall, if the offence is punishable with death, be punished with 
imprisonment of either description for a term which may extend to five 
years, and shall also be liable to fine,  
imprisonment for life,

imprisonment for life, 
or with imprisonment:  and if the offence is punishable with imprisonment for life or with 
imprisonment which may extend to ten years, shall be punished with 
years, and shall also be liable to fine, and if the offe nce is punishable 
with imprisonment which may extend to one year, and not to ten years, 
shall be punished with imprisonment of the description provided for the 
offence for a term which may extend to one -fourth part of the longest 
term of imprisonment provi ded for the offence, or with fine, or with 
both.  
"Offence" in this section includes, any act committed at any place out of Pakistan, which, if 
committed in Pakistan, would be punishable under any of the following sections, namely 302, 304,

382, 392, 393, 394, 395, 396, 397, 398, 399. 402, 435, 436, 449, 450, 457, 458, 459, and 460 and 
every such act shall, for the purposes of this section, be deemed to be punishable as if the accused 
person had been guilty of it in Pakistan.  
Exception: This provision shall not extend to any case in which the harbour or co ncealment is by 
the husband or wife of the offender.  
 
A knowing that B has committed dacoity, knowingly conceals S in order to screen him legal 
punishment. Here, as S is liable to imprisonment for life, A is liable to imprisonment of either 
description for a term not exceeding three years, and is liable to fine.  
  
213.  Taking gift, etc., to screen an offender from punishment:  
Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any 
other person, or any restitution of property to himself or any other person, in consideration of his

other person, or any restitution of property to himself or any other person, in consideration of his 
concealing an offence or of his screening any person from legal punishment for any offence, or of 
his not proceeding against any person for the purpose of bringing him to legal punishment;  
imprisonment of either descrip tion for a term which may extend to 
seven years, and shall also be liable to fine;  
years, and shall also be liable to fine; and if the offence is punishable 
with imprisonment not extending to ten years, shall be punished with

with imprisonment not extending to ten years, shall be punished with 
impriso nment of the description provided for the offence for a term 
which may extend to one -fourth part of the longest term of 
imprisonment provided for offence, or with fine, or with both.  
 
214.  Offering gift or restoration of property in consideration of screening offender:  
Whoever gives or causes or offers or agrees to give or cause, any gratification to any person, or to 
restore or cause the restoration of any property to any person, in conside ration of that person's 
concealing an offence, or of his screening any person from legal punishment for any offence, or of 
his not proceeding against any person for the purpose of bringing him to legal punishment;

if a capital offence:  shall, if the offence is punishable with death, be punished with 
imprisonment of either description for a term which may extend to 
or with imprisonment:  and if  the offence is punishable with imprisonment for life, or with 
years, and shall also be liable to fine; and if the of fence is punishable 
with imprisonment not extending to fen years, shall be punished with 
imprisonment of the description provided for the offence for a term 
imprisonment provided for the offence, o r with fine, or with both.  
Exception : The provisions of Sections 213 and 214 do not extend to any case in which the offence 
may lawfully be compounded.  
 74[] 74

 74[] 74 
  
215.  Taking gift to help to recover property, etc.:  
Whoever takes or agrees or consents to take any gratification under pretence or on account of 
helping any person to recover any movable property of which he shall have been deprived by any 
offence punishable under this Code, shall, unless he uses all means in his power to cause the 
offender to be apprehended and convicted of the offence, be punished w ith imprisonment of 
either description for a term which may extend to two years, or with fine, or with both.  
  
216.  Harbouring offender who has escaped from custody or whose apprehension has been ordered:  
Whenever any person convicted of, or charged with an offence, being in lawful custody for that 
offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful

offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful 
powers of such public servant, orders a certain person to be appr ehended for an offence, whoever, 
knowing of such escape or order for apprehension, harbours or conceals that person with the 
intention of preventing him from being apprehended, shall be punished in the manner following, 
that is to say;  
 if a capital of fence:  if the offence for which the person was in custody or is ordered to be 
apprehended is punishable with death, he shall be punished with 
seven years, and shall also be liable to fine ; 
 if punishable with if the offence is punishable with imprisonment for life or imprisonment

or with imprisonment:  for ten years, he shall be punished with imprisonment of either 
description for a term which may extend to three years, with or without 
fine; and if the offence is punishable with impr isonment which may 
extend to one year and not to ten years, he shall be punished with 
which may extend to one fourth part of the longest term of the 
imprisonment provided for such offence or with fine, or with both.  
"Offence" in this section includes also any act or omission of which a person is alleged to have been 
guilty out of Pakistan which, if he had been guilty of it in Pakistan would have been punishable as 
an offence, and for whic h he is under any law relating to extradition, or otherwise, liable to be 
apprehended or detained in custody in Pakistan, and every such act or omission shall, for the 
purposes of this section, be deemed to be punishable as if the accused person had been g uilty of it

purposes of this section, be deemed to be punishable as if the accused person had been g uilty of it 
in Pakistan.  
Exception : This provision does not extend to the case in which the harbour or concealment is by 
the husband or wife of the person to be apprehended.  
  
 75[ 
216-
A Penalty for harbouring robbers or dacoits:  
Whoever, knowing or having reason to believe that any persons are about to commit or have 
recently committed robbery or dacoity, harbours them or any of them, with the intention of 
facilitating the commission of such robbery or dacoity, or of screening the m or any of them from 
punishment, shall be punished with rigorous imprisonment for a term which may extend to seven 
years, and shall also be liable to fine.  
Explanation:  For the - purposes of this Section it is immaterial whether the robbery or dacoity is

Explanation:  For the - purposes of this Section it is immaterial whether the robbery or dacoity is 
intended to be committed, or has been committed, within or without Pakistan.  
Exception : This provision does not extend to the case in which the harbour is by the husband o r 
wife of the offender.  
  
] 75 
 76[] 76 
217.  Public servant disobeying direction of law with intent to save persons from punishment or 
property from forfeiture:  
Whoever, being a public servant, k nowingly disobeys any direction of the law as to the way in 
which he is to conduct himself as such public servant, intending thereby to save or knowing it to be

likely that he will thereby save, any person from legal punishment, or subject him to a less 
punishment than that to which he is liable, or with intent to save, or knowing that he is likely 
thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be 
punished with imprisonment of either description for a term wh ich may extend to two years, or 
with fine, or with both.  
  
218.  Public servant framing incorrect record or writing with intent to save person from punishment or 
Whoever, being a public servant, and being as such public servant, charged with the preparation of 
any record or other writing, frames that record 'or writing -in a manner which he knows to be 
incorrect, with intent to cause, or knowing it to be likely that  he will thereby cause, loss or injury to 
the public or to any person, or with intent thereby to save, or knowing it to be likely that he will

the public or to any person, or with intent thereby to save, or knowing it to be likely that he will 
thereby save any person from legal punishment, or with intent to save, or knowing that he is likely 
thereby to sa ve, any property from forfeiture or other charge to which it is liable by law, shall be 
punished with imprisonment of either description for a term which may extend to three years, or 
with fine or with both.  
  
219.  Public servant in judicial proce eding corruptly making report, etc., contrary to law:  
Whoever being a public servant, corruptly or maliciously makes or pronounces in any stage of a 
judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, 
shall be  punished with imprisonment of either description for a term which may extend to seven 
  
220.  Commitment for trial or confinement by person having authority who knows that he is acting 
contrary to law:

contrary to law:  
Whoever, being in any office which gives him legal authority to commit persons for trial or to 
confinement, or to keep persons in confinement, corruptly or maliciously commits any person for 
trial or confinement, or keeps any person in confinement, in the exercise of that authority, knowing 
that in so doing he is acting contrary to law, shall be punished with imprisonment of either 
description for a term which may extend to seven years, or with fine, or with both.  
  
221.  Intentional omission to app rehend on the part of public servant bound to apprehend:  
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in 
confinement any person charged with or liable to be apprehended for an offence, intentionally 
omits to  apprehend such person, or intentionally suffers such person to. escape, or intentionally

aids such person in escaping or attempting to escape from such confinement, shall be punished as 
follows, that is to say -- 
 with imprisonment of either description for a term which may extend to seven years, with or 
without fine, if the person in confinement, or who ought to have been apprehended, was charged 
with or liable to be apprehended for, an offence punishable with deat h; or  
 with imprisonment of either description for a term which may extend to three years, with or 
with, or liable to be apprehended for an offence punishabl e with imprisonment for life or 
imprisonment for a term which may extend to ten years; or  
 with imprisonment of either description for a term which may extend to two years, with or 
with, or liable to be apprehended for, an offence punishable with impri sonment for a term less

with, or liable to be apprehended for, an offence punishable with impri sonment for a term less 
than ten years.  
 
222.  Intentional omission to apprehend on the part of public servant bound to apprehend person 
under sentence or lawfully committed:  
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep to 
confinement any person under sentence of a Court of Justice for any offence or lawfully committed 
to custody, intentionally, omits, to apprehend such person, o r intentionally suffers such person to 
escape or intentionally aids such person in escaping or attempting to escape from such 
confinement, shall be punished as follows that is to say;  
 with imprisonment for life or with imprisonment of either description for a term which may 
extend to fourteen years, with or without fine, if the person in confinement, or who ought to

with imprisonment for life or with imprisonment of either description for a term which may 
extend to fourteen years, with or without fine, if the person in confinement, or who ought to 
have been apprehended, is under sentence of death; or  
 with impriso nment of either description for a term which may extend to seven years, with or 
without fine, if the person in confinement, or who ought to have been apprehended is subject by 
a sentence, of a Court of Justice, or by virtue of a commutation of such sentenc e, to 
imprisonment for life or imprisonment for a term of ten years or upwards; or  
 with imprisonment of either description for a term which may extend to three years, or with fine, 
or with both, if the person in confinement, or who ought to have been apprehended is subject, by 
a sentence of a Court of Justice, to imprisonment for a term not extending to ten years or if the 
person was lawfully committed to custody.

223.  Escape from confinement or custody negligently suffered by public servant:  
Whoever, being a public servant legally bound as such public servant to keep in confinement any 
person charged with or convicted of any offence or lawfully committed to custody, neg ligently 
suffers such persons to escape from confinement, shall be punished with simple imprisonment for 
a term which may extend to two years, or with fine, or with both.  
  
224.  Resistance or obstruction by a person to his lawful apprehension:  
Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of 
himself for any offence with which he is charged or of which he has been convicted; or escapes or 
attempts to escape from any custody in which he is lawfully d etained for any such offence, shall be 
punished with imprisonment of either description for a term which may extend to two years, or 

Explanation:  The punishment in this section is in addition to the punishment for which the person 
to be apprehended or detained in custody was liable for the offence with which he was charged, or 
of which he was convicted.  
  
225.  Resistance or obstruction to lawful apprehension of another person:  
Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any 
other person for an offence, or rescue or attempts to rescue any other person from any custody in 
which that person is lawfully detained for an offence, shall be punished with imprisonment of 
either des cription for a term which may extend to two years, or with fine, or with both;  
 or, if the person to be apprehended, or the person rescued or attempted to be rescued, is 
charged with or liable to be apprehended for an offence punishable with imprisonment for life, or

or, if the person to be apprehended, or the person rescued or attempted to be rescued, is 
charged with or liable to be apprehended for an offence punishable with imprisonment for life, or 
imprisonment for a term which may extend to ten years, shall be puni shed with imprisonment of 
either description for a term which may extend to three years, and shall also be liable to fine;  
 or, if the person to be apprehended or, rescued, or attempted to be rescued, is charged with or 
liable to be apprehended for an offence punishable with death, shall be punished with 
imprisonment of either description for a term which may extend to seven years, and shall also be 
 or, if the person to be apprehended or rescued or attempted to be rescued, is liable  under the 
sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment 
for life or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment

for life or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment 
of either description for a term which may extend  to seven years, and shall also be liable to fine;  
 or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of

death, shall be punished with imprisonment for life or imprisonment of either description for a 
term not exceeding ten years, and shall also be liable to fine.  
 
 77[ 
225-
A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not 
otherwise provided for:  
Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in 
confinement, any person In any case not provide d for in Section 221, Section 222 or Section 223, 
or in any other law for the time being in force, omits to apprehend that person or suffers him to 
escape from confinement, shall be punished:  
(a) if he does so intentionally, with imprisonment of eithe r description for a term which may 
extend to three years, or with fine or with both; and  
(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, 
 
225-

225-
B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise 
provided for:  
Whoever, in any case not provided for in Section 224 or Section 225 or in any other law for the 
time being in force, intentionally offers any resista nce or illegal obstruction to the lawful 
apprehension of himself or of any other person, or escapes or attempts to escape from any 
custody in which he is lawfully detained, or rescues or attempts to rescue any other person from 
any custody in which that pe rson is lawfully detained, shall be punished with imprisonment of 
either description for a term which may extend to six months, or with fine, or with both.  
  
] 77 
 78[] 78 
227.  Violation of condition of remission of punishment:

] 77 
 78[] 78 
227.  Violation of condition of remission of punishment:  
Whoever, having accepted any conditional remission of punishment, knowingly violates any 
condition on which such remission was granted/shall be punished with the punishment to which he 
was originally sentenced, if he has already suffered no part of that pu nishment, and if he has 
suffered any part of that punishment, then with so much of that punishment as he has not already 
suffered.

228.  Intentional insult or interruption to public servant sitting in judicial proceeding:  
Whoever intentionally of fers any insult or causes any interruption to any public servant, while such 
public servant is sitting in any stage of a judicial proceeding, shall be punished with simple 
imprisonment for a term which may extend to six months, or with fine which may exten d 
to  79[three thousand rupees] 79, or with both.  
  
229.  Personation of a Juror or assessor:  
Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be 
returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is 
not entitled by law to be  so returned, empanelled or sworn or knowing himself to have been so 
returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such 
assessor, shall be punished with imprisonment of either description for a term which may ext end 
to two years, or with fine, or with both.  
  
XII

XII 
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS  
230.  "Coin" defined:  
Coin is metal used for the time being as money, and stamped and issued by the authority of some 
State or Sovereign Power in order to be so used.  
"Pakistan coin": Pakistan coin is metal stamped and issued by the authority of the Government of 
Pakistan in or der to be used as money; and metal which has been so stamped and issued shall 
continue to be Pakistan coin for the purposes of this Chapter, notwithstanding that it may have 
ceased to be used as money.  
 
(a) Cowries are not coin.  
  
(b) Lumps of unstamped copper, though used as money, are not coin.

(c) Medals are not coin, inasmuch as they are not intended to be used as money.  
  
 80[] 80 
  
231.  Counterfeiting coin:  
Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be 
punished with imprisonment of either description for a term which may extend to seven years, and 
shall also be liable to fine. Explanation: A person commits  this offence who intending to practise 
deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin 
to appear like a different coin.  
  
232.  Counterfeiting Pakistan coin:  
Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Pakistan 
coin, shall be punished with imprisonment for life, or with imprisonment of either description for a 
term which may extend to ten years, and shall also be liable to fine.  
  
233.  Making or selling instrument for counterfeiting coin:

233.  Making or selling instrument for counterfeiting coin:  
Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells 
or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason 
to beli eve that it is intended to be used, for the purpose of counterfeiting coin, shall be punished 
with imprisonment of either description for a term which may extend to three years, and shall also 
be liable to fine.  
  
234.  Making or selling instrument  for counterfeiting Pakistan coin:  
Whoever makes or mends, or performs any part of the process of making or mending or buys, sells 
to believe that it is inten ded to be used, for the purpose of counterfeiting Pakistan coin, shall be

to believe that it is inten ded to be used, for the purpose of counterfeiting Pakistan coin, shall be 
shall also be liable to fine.

235.  Possession of instrument or material for the purpose of using the same for counterfeiting coin:  
Whoever is in possession of any instrument or material, for the purpose of using the same for 
counterfeiting coin, or knowing or having reason to believe that t he same is intended to be used 
for that purpose, shall be punished with imprisonment of either description for a term which may 
extend to three years, and shall also be liable to fine;  
 if Pakistan 
coin:  and if the coin to be counterfeited is Pakist an coin, shall be punished with 
imprisonment of either description for a term which may extend to ten years, and 
 
236.  Abetting in Pakistan the counterfeiting out of Pakistan of coin:  
Whoever, being within Pakistan, abets the counterfeiting of coin out of Pakistan shall be punished 
in the same manner as if he abetted the counterfeiting of such coin within Pakistan. 237. Import or

in the same manner as if he abetted the counterfeiting of such coin within Pakistan. 237. Import or 
export of counterfeit coin: Whoever imports into Pakistan , or exports there from, any counterfeit 
coin, knowingly or having reason to believe that the same is counterfeit, shall be punished with 
liable to fine.  
  
238.  Import or export of counterfeits of Pakistan coin:  
Whoever imports into Pakistan, or exports therefrom, any counterfeit coin which he knows or has 
reason to believe to be a counterfeit of Pakistan coin, shall be punished with imprisonment for life, 
or with imprisonment of either description for a term whic h may extend to ten years, and shall also 
  
239.  Delivery of coin, possessed with knowledge that it is counterfeit:  
Whoever, having any counterfeit coin, which at the time when he became possessed of it he knew

Whoever, having any counterfeit coin, which at the time when he became possessed of it he knew 
to be counterfeit , fraudulently or with intent that fraud may be committed, delivers the same to 
any person, or attempts to induce any. person to receive it, shall be punished with imprisonment of 
either description for a term which may extend to five years, and shall also  be liable to fine.  
  
240.  Delivery of Pakistan coin possessed with knowledge that it is counterfeit:  
Whoever, having any counterfeit coin, which is a counterfeit of Pakistan coin, and which, at the 
time when he became possessed of it, he knew to be a counterfeit of Pakistan coin, fraudulently or

with intent that fraud may be committed, delivers the same t o any person, or attempts to induce 
any person to receive it, shall be punished with imprisonment of either description for a term 
which may extend to ten years, and shall also be liable to fine.  
  
241.  Delivery of coin as genuine, which, when fir st possessed, the deliverer did not know to be 
counterfeit:  
Whoever delivers to any other person as genuine, or attempts to induce any other person to 
receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not 
know to b e counterfeit, as the time when he took it into his possession, shall be punished with 
imprisonment of either description for a term which may extend to two years, or with fine to an 
amount which may extend to ten times the value of the coin counterfeited,  or with both.   
A, a coiner, delivers counterfeit   81[] 81 rupees to his accomplice B, for the purpose of uttering them.

A, a coiner, delivers counterfeit   81[] 81 rupees to his accomplice B, for the purpose of uttering them. 
B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit, C pays 
away the rupees for goods to D. who receives them, not knowing them to be counterfeit. D after 
receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. 
Here D is punishable only under this section, but B and C are punishable under Section 239 or 240, 
as the case may be.  
  
242.  Possession of counterfeit coin by person who knew it to be counterfeit when he became 
possessed thereof:  
Whoever, fraudulently, or with intent that fraud may be committed, is in possession of counterfeit 
coin, having known at the time when he became posses sed thereof that such coin was counterfeit, 
shall be punished with imprisonment of either description for a term which may extend to three 
years, and shall also be liable to fine.

243.  Possession of Pakistan coin by person who knew it to be coun terfeit when he became possessed 
thereof:  
Whoever, fraudulently or with intent that fraud may be committed, as in possession of counterfeit 
coin, which is a counterfeit of Pakistan coin, having known at the time when he became possessed 
of it that it was c ounterfeit, shall be Punished with imprisonment of either description for a term, 
which may extend to seven years, and shall also be liable to fine.

244.  Person employed in mint causing coin to be of different weight or composition from that fixed by 
law:  
Whoever, being employed in any mint lawfully established in Pakistan, does any act, or omits what 
he is legally bound to do, with the intention of causing  any coin issued from that mint to be of a 
different weight or composition from the weight or composition fixed by law, shall be punished 
with imprisonment of either description for a term which may extend to seven years, and shall also 
  
245.  Unlawfully taking coining instrument from mint:  
Whoever, without lawful authority, takes out of any mint, lawfully established in Pakistan, any 
coining tool or instrument, shall be punished with imprisonment of either description for a term  
which may extend to seven years, and shall also be liable to fine.  
  
246.  Fraudulently or dishonestly diminishing weight or altering composition of coin:

246.  Fraudulently or dishonestly diminishing weight or altering composition of coin:  
Whoever fraudulently or dishonestly performs on any coin any operation, which diminishes the 
weight or alters the composition of that coin, shall be punished with imprisonment of either 
description for a term, which may extend to three years, and shall als o be liable to fine.  
Explanation:  A person who scoops out part of the coin and puts anything else into the cavity alters 
the composition of that coin.  
  
247.  Fraudulently or dishonestly diminishing weight or altering composition of Pakistan coin:  
Whoever fraudulently or dishonestly performs on any Pakistan coin, any operation which 
diminishes the weight or alters the composition of that coin, shall be punished with imprisonment 
of either description for a term which may extend to seven years, and s hall also be liable to fine.

of either description for a term which may extend to seven years, and s hall also be liable to fine.  
  
248.  Altering appearance of coin with intent that it shall pass as coin of different description:  
Whoever performs on any coin any operation which alters the appearance of that coin, with the 
intention that the said coin shall pass as a different description, shall be punished with 
imprisonment of either description for a term which may extend to three  years, and shall also be 
  
249.  Altering appearance of Pakistan coin with intent that it shall pass as coin of different description:

Whoever performs on any Pakistan coin any operation which alters the appearance of that coin, 
with the intention that the said coin shall pass as a coin of a different description, shall be punished 
  
250.  Delivery of coin, possessed with knowledge that it is altered:  
Whoever, having coin in his possession with respect to which the offence defined in Section 246 or 
248 has been committed, and having known at the time when he became possessed of such coin 
that such offence had been committed with respect to it, fraudulently or with intent that fraud may 
be committed, delivers such coin to any other person, or attempts to induce any other person to 
receive the same, shall be punished with imprisonment of either  description for a term which may 
extend to five years, and shall also be liable to fine.  
  
251.  Delivery of Pakistan coin possessed with knowledge that it is altered:

251.  Delivery of Pakistan coin possessed with knowledge that it is altered:  
Whoever, having coin in his possession with respect to which the offence define d in Section 247 or 
249 has been committed, and having known at the time when he became possessed of such coin 
be committed, delivers such coin to any other  person, or attempts to induce any other person to 
receive the same, shall be punished with imprisonment of either description for a term which may 
  
252.  Possession of coin by person who knew it to be altered when he became possessed thereof:  
Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with 
respect to which the offence defined in either of the Section 246 or 248  has been committed,

respect to which the offence defined in either of the Section 246 or 248  has been committed, 
having known at the time of becoming possessed thereof that such offence had been committed 
with respect to such coin, shall be punished with imprisonment of either description for a term 
which may extend to three years, and shall also  be liable to fine.  
  
253.  Possession of Pakistan coin by person who knew it to by altered when he became possessed 
thereof:  
respect of which the offenc e, defined in either of Section 247 or 249 has been committed having 
known at the time of becoming possessed thereof that such offence had been committed with 
respect to such coin, shall be punished with imprisonment of either description for a term which

may extend to five years, and shall also be liable to fine.  
  
254.  Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered:  
Whoever delivers to any other person as genuine or as a coin of a different description from what it 
is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any 
coin in respect of which' he knows that any such op eration as that mentioned in Sections 246, 247, 
248 or 249 has been performed, but in respect of which he did not, at the time when he took it into 
his possession, know that such operation had been performed, shall be punished with 
imprisonment of either d escription for a term which may extend to two years, or with fine to an 
amount which may extend to ten times the value of the coin for which the altered coin is passed, 
or attempted to be passed.  
  
255.  Counterfeiting Government stamp:

255.  Counterfeiting Government stamp:  
Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp 
issued by Government for the purpose of revenue, shall be punished with imprisonment for life or 
with imprisonment of either description for a term which may e xtend to ten years, and shall also be 
liable to fine. Explanation: A person commits this offence who counterfeits by causing a genuine 
stamp of one denomination to appear like a genuine stamp of a different denomination.  
  
256.  Having possession o f instrument or material for counterfeiting Government stamp:  
Whoever has in his possession any instrument or material for the purpose of being used, or 
knowing or having reason to believe that it is intended to be used, for the purpose of

knowing or having reason to believe that it is intended to be used, for the purpose of 
counterfeiting a ny stamp issued by Government for the purpose of revenue, shall be punished with 
  
257.  Making or selling instrument for counterfeiting Government stamp:  
Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any 
instrument for the purpose of being used, or knowing or having reason to believe that it i s intended 
to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of 
revenue, shall be punished with imprisonment of either description for a term which may extend to 
seven years and shall also be liable to fine.

258.  Sale of counterfeit Government stamp:  
Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a 
counterfeit of any stamp issued by Government for the purpose of revenue shall be punished with 
imprisonment of ei ther description for a term which may extend to seven years, and shall also be 
  
259.  Having possession of counterfeit Government stamp:  
Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued 
by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine 
stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of 
either description for a term which may extend to seven years, and shall also be liable to fine.  
  
260.  Using as genuine a Government stamp known to be counterfeit:  
Whoever uses as genuine any stamp knowing it to b e a counterfeit of any stamp issued by

Whoever uses as genuine any stamp knowing it to b e a counterfeit of any stamp issued by 
Government for purpose of revenue, shall be punished with imprisonment of either description for 
a term which may extend to seven years, or with fine, or with both.  
  
261.  Effacing writing from substance, Government stamp, or removing from document a stamp used 
for it, with intent to cause loss to Government:  
Whoever fraudulently or with intent to cause loss to the Government, removes or effaces from any 
substance bearing an y stamp issued by Government for the purpose of revenue, any writing or 
document for which such stamp has been used, or removes from any writing or document a stamp 
which has been used for such writing or document, in order that such stamp may be used for a 
different writing or document, shall be punished with imprisonment of either description for a

different writing or document, shall be punished with imprisonment of either description for a 
term which may extend to there years, or with fine, or with both.  
  
262.  Using Government stamp known to have been before used:  
Whoever fraudulently o r with intent to cause loss to the Government, uses for any purpose a 
stamp issued by Government for the purpose of revenue, which he knows to have been before 
used, shall be punished with imprisonment of either description for a term which may extend to 
two years, or with fine, or with both.

263.  Erasure of mark denoting that has been used:  
Whoever, fraudulently or with intent to cause loss to Government, erases or re moves from a stamp 
issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp 
for the purpose of denoting that the same has been used, or knowingly has in his possession or 
sells or disposes of any such stamp from which suc h mark has been erased or removed, or sells or 
disposes of any such stamp which he knows to have been used, shall be punished with 
imprisonment of either description for a term which may extend to three years or with fine, or with 
both.  
  
 82[ 
263-
A Prohibition of fictitious stamp:  
(l) Whoever -- 
(a) makes, knowingly alters, deals in or sells any fictitious stamp, or knowingly uses for any 
postal purpose any fictitious stamp, or  
(b) has in his possession, without lawful excuse, any fictitious stamp, or  
(c) makes or, without lawful excuse, ha s in his possession any die, plate, instrument or

(c) makes or, without lawful excuse, ha s in his possession any die, plate, instrument or 
materials for making any fictitious stamp, shall be punished with fine which may extend 
to  83[six hundred rupees ] 83. 
 
(2) An such stamp, die, plate, instrument or materials in the possession of any person for making 
any fictitious stamp may be seized and shall be forfeited.  
  
(3) In this section "fictitious stamp" means any stamp falsely purporting to be issued by 
Government for the purpose of denoting a rate of postage or any facsimile or imitation or 
representation, whether on paper or otherwise, of any stamp issued by Government  for that 
purpose.  
  
(4) In this section and also in Sections 255 to 263, both inclusive, the word "Government" when 
used in connection with, or in reference to, any stamp issued, for the purpose of denoting a

used in connection with, or in reference to, any stamp issued, for the purpose of denoting a 
rate of postage, shall, notwithstandi ng anything in Section 17, be deemed to include the

person or persons authorised by law to administer executive Government in any part of 
Pakistan, and also in any foreign country.  
  
] 82 
 
XIII 
OF OFFENCES RELATING TO WEIGHTS AND MEASURES  
264.  Fraudulent use of false instrument for weighing:  
Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be 
punished with imprisonment of either description for a term, which may extend to one year, or 
  
265.  Fraudulent use of false weight  or measure:  
Whoever fraudulently uses any false weight or false measure of length or Capacity, or fraudulently 
uses any weight or any measure of length or capacity as a different weight or measure from what it 
is, shall be punished with imprisonment of ei ther description for a term which may extend to one 
year, or with fine or with both.  
  
266.  Being in possession of false weight or measure:  
Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of

Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of 
length or capacity, which he knows to be false and intending that the same may be fraudulently 
used, shall be punished with imprisonment of either description f or a term which may extend to 
one year, Or with fine, or with both.  
  
267.  Making or selling false weight or measure:  
Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of 
length or capacity which he kno ws to be false, in order that the same may be used as true, or 
knowing that the same is likely to be used as true shall be punished with imprisonment of either 
description for a term which may extend to one year, or with fine, or with both.

XIV 
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS  
268.  Public nuisance:  
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which 
causes an y common injury, danger or annoyance to the public or to the people in general who 
dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger 
or annoyance to persons who may have occasion to use any public right.  
A common nuisance is not excused on the ground that it causes some convenience or advantage.  
  
269.  Negligent act likely to spread infection of disease dangerous to life:  
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to 
believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with 
imprisonment of either description for a term which may exte nd to six months, or with fine, or with 
both.

both.  
  
270.  Malignant act likely to spread infection of disease dangerous to life:  
Whoever malignantly does any act which is, and which he knows or has reason to believe to be, 
likely to spread the infectio n of any disease dangerous to life, shall be punished with imprisonment 
of either description for a term which may extend to two years, or with fine, or with both.  
  
271.  Disobedience to quarantine rule:  
Whoever knowingly disobeys any rule made and promulgated by the Federal or any Provincial 
Government for putting any vessel into a state of quarantine, or for regulating the intercourse of 
vessels in a state of quarantine with the shore or with other vesse ls, or for regulating the 
intercourse between places where an infectious disease prevails and other places, shall be 
punished with imprisonment of either description for a term which may extend to six months, or

punished with imprisonment of either description for a term which may extend to six months, or 

272.  Adulteration of food or drink intended for sale:  
Whoever adulterates any article of food or drink, so as to make such article noxious as food or 
drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be 
sold as f ood or drink, snail be punished with imprisonment of either description for a term which 
may extend to six months, or with fine which may extend to   84[three thousand rupees] 84, or with 
both.  
  
273.  Sale of noxious food or drink:  
Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered 
or has become noxious, or is in a state unfit for food or drink, knowing or haying reason to believe 
that the same is noxious as food or drink, shall be pun ished with imprisonment of either 
description for a term which may extend to six months, of with fine which may extend to   85[three 
thousand rupees] 85, or with both.  
  
274.  Adulteration of drugs:

274.  Adulteration of drugs:  
Whoever adulterates any drug or medical preparation -in such a manner as to lessen the efficacy or 
change the operation o f such drug) or medical preparation, or to make it noxious intending that it 
shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal 
purposes, as if it had not undergone such adulteration, shall be punished wit h imprisonment of 
either description for a term which may extend to six months or with fine which may extend 
to  86[three thousand rupees] 86, or with both.  
  
275.  Sale of adulterated drugs:  
Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as 
to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or

to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or 
exposes it for sale, or issues it from any dispensary for m edicinal purposes as unadulterated, or 
causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be 
with fine which may ex tend to   87[three thousand rupees] 87, or with both.  
  
276.  Sale of drug as a different drug or preparation:  
Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal 
purposes, any drug or medical preparation, as a different drug or medical preparation, shall be 

with fine which may extend to   88[three thousand rupees] 88, or with both.  
  
277.  Fouling water of public spring or reservoir:  
Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it 
less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either 
description for a term which may extend to three m onths, or with fine which may extend to   89[one 
thousand five hundred rupees] 89, or with both.  
  
278.  Making atmosphere noxious to health:  
Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of 
persons in general dwelling or carrying on business in the neighbourhood or pa ssing along a public 
way, shall be punished with fine, which may extend to   90[one thousand five hundred rupees] 90. 
  
279.  Rash driving or riding on a public way:  
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to 
endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished 
with imprisonment of either description for a term which may extend to   91[two years] 91 or with 
fine which may extend to   92[three thousand rupees] 92, or with both.  
  
280.  Rash navigation of  vessel:  
Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be 
likely to cause hurt or injury to any other person, shall be punished with imprisonment of either 
description for a term which may extend to six mont hs, or with fine which may extend to   93[three 
thousand rupees] 93 or with both.  
  
281.  Exhibition of false light, mark or buoy:  
Whoever exhibits any false light, mark or buoy intending or knowing it to be likely that such

Whoever exhibits any false light, mark or buoy intending or knowing it to be likely that such 
exhibition will mislead any navigator, shall be punished with imprisonment of either description for 
a term which may extend to seven years, or with fine, or with  both.  
  
282.  Conveying person by water for hire in unsafe or overloaded vessel:

Whoever knowingly or negligently conveys; or causes to be conveyed for hire, any person by water 
in any vessel, when that vessel is in such a state or so loaded as to  endanger the fife of that person, 
months, or with fine which may extend to   94[three thousand rupees] 94, or with both.  
  
283.  Danger or obstruction in public way or line of navigation:  
Whoever, by doing any act, or by omitting to take order with any property in his possession or 
under his charge, causes danger, obstruction or injury to any person in any public way or public line 
of navigation, shall be punished with fine which may extend  to  95[six hundred rupees] 95. 
  
284.  Negligent conduct with  respect to poisonous substance:  
Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to 
endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or

endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or 
negligently omits to take such order wit h any poisonous substance in his possession as is sufficient 
to guard against any probable danger to human life from such poisonous substance, shall be 
with fine , which may extend to   96[three thousand rupees] 96, or with both.  
  
285.  Negligent conduct with respect to fire or combustible matter:  
Whoever does, with tire or any combustible matter, any act so rashly or negligently as to endanger 
human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently 
omits to take such order with any fire or any combustibl e matter in his possession as is sufficient to

omits to take such order with any fire or any combustibl e matter in his possession as is sufficient to 
guard against any probable danger to human life from such fire or combustible matter, shall be 
with fine which may  extend to   97[three thousand rupees] 97, or with both.  
  
286.  Negligent conduct with respect to explosive substance:  
Whoever does, with any explosive substance any act so rashly or negligently as to endanger human 
life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits t o 
take such order with any explosive substance in his possession as is sufficient to guard against any 
probable danger to human life from that substance, shall be punished with imprisonment of either 
description for a term which may extend to six months, o r with fine which may extend to   98[three 
thousand rupees] 98, or with  both.

287.  Negligent conduct with respect to machinery:  
Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to 
be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such 
order with any machinery in his possession or under his  care as is sufficient to guard against any 
probable danger to human life from such machinery, shall be punished with imprisonment of either 
description for a term which may extend to six months, or with fine which may extend to   99[three 
thousand rupees] 99, or with both.  
  
288.  Negligent conduct with respect to pu lling down or repairing buildings:  
Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such 
order with that building as is sufficient to guard against any probable danger to human life from 
the fall of that building, or of any part thereof, shall be punished with imprisonment of either

the fall of that building, or of any part thereof, shall be punished with imprisonment of either 
description for a term which may extend to six months, or with fine which may extend to   100[three 
thousand rupees] 100, or with both.  
  
289.  Negligent conduct with respect to animal:  
Whoever, knowingly or negligently omits to take such order wi th any animal in his possession as is 
sufficient to guard against any probable danger to human life, or any probable danger of grievous 
hurt from such animal, shall be punished with imprisonment of either description for a term which 
may extend to six mont hs, or with fine which may extend to   101[three thousand rupees] 101, or with 
both.  
  
290.  Punishment for public nuisance in cases not otherwise provided for:  
Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be

both.  
  
Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be 
punished with fine which may extend to   102[six hundred rupees] 102. 
  
291.  Continuance of nuisance  after injunction to discontinue:  
Whoever repeats or continues a public nuisance having been enjoined by any public servant who 
has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be 
punished with simple imprisonmen t for a term which may extend to six months, or with fine, or 
with both.

292.  Sale, etc., of obscene books, etc.:  
Whoever: - 
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for 
purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in 
his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure 
or any other obscene object whatsoever, or  
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing 
or having reason to believe that such object will be sold, let to hire, distributed or publicly 
exhibited or in any manner put into circulation, or  
(c) takes part in or receives profits from, any business in the course of which he knows or has 
reason to believe that any such obscene objects are, for any of -the purposes aforesaid, made, 
produced, purchased, kept, imported, exported, conveyed, publicly exhibited  or in any manner 
put into circulation, or

put into circulation, or  
(d) advertises or makes known by any means whatsoever that any person he engaged or is ready 
to engage in any act which is an offence under this section, or that any such obscene object 
can be procured from o r through any person, or  
(e) offers or attempts to do any act which is an offence under this section,  
months, or with fine or with both.  
Exception : This section does not extend to any book, pamphlet, writing, drawing or painting kept 
or used bona fide for religious purposes or any representation sculptured, engraved, painted or 
otherwise represented on or in any temple, or on any car used for the co nveyance of idols, or kept 
or used for any religious purpose.  
  
293.  Sale, etc., of obscene objects to young person:

293.  Sale, etc., of obscene objects to young person:  
Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty 
years any such obscene object as is referred to in the last preceding section, or offers or attempts 
so to do, shall be punished with imprisonment of eit her description for a term which may extend to 
six months, or with fine, or with both.

294.  Obscene acts and songs:  
Whoever, to the annoyance of others, -- 
(a) does any obscene act in any public place, or  
(b) sings, recites or utters any obscene songs, ballad or words, in or near any public place,  
months, or with fine, or with both.  
  
 103[ 
294-
A. Keeping lottery office:  
Whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery 
or a lottery authorized by the Provincial Government shall be punished with imprisonment of 
And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear 
doing anything for the benefit of any person, on any event or contingency relative or applicable to 
the drawing of any ticket, lot, num ber or figure in any such lottery shall be punished with fine

the drawing of any ticket, lot, num ber or figure in any such lottery shall be punished with fine 
which may extend to   104[three thousand rupees] 104. 
  
] 103 
 105[ 
294-
B. Offering of prize in connection with trade, etc.:  
Whoever offers, or undertakes to offer, in connection with any trade or business or sale of any 
commodity, any prize, reward or other similar consideration, by whatever name called, whether in 
money or kind, against any coupon, ticket, number or figure, or  by any other device, as an 
inducement or encouragement to trade or business or to the buying of any commodity, or for the 
purpose of advertisement or popularising any commodity, and whoever publishes any such offer, 
shall be punishable, with imprisonment of either description for a term which may extend to six 
  
] 105 
 
XV

OF OFFENCES RELATING TO RELIGION  
295.  Injuring or defiling place of worship, with Intent to insult the religion of any class:  
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class 
of persons with the intention of thereby insulting the religion of any class of persons or with the 
knowledge that any class of persons is likely to consider such destruction damage or defilement as 
an insult to their religion. shall be punished with imprisonment of either description for a term 
  
 106[ 
295-
A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting Its 
religion or religious beliefs:  
Whoever, with d eliberate and malicious intention of outraging the 'religious feelings of any class of 
the citizens of Pakistan, by words, either spoken or written, or by visible representations insults

the citizens of Pakistan, by words, either spoken or written, or by visible representations insults 
the religion or the religious beliefs of that class, shall be punishe d with imprisonment of either 
description for a term which may extend to ten years, or with fine, or with both.  
  
] 106 
 107[ 
295-
B. Defiling, etc., of Holy Qur'an:  
Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur'an or of an extract 
therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable 
with imprisonment for life.  
  
] 107 
 108[ 
295-
C. Use of derogatory remarks, etc., in respect of the Holy Prophet:  
Whoever by words, either spoken or written, or by visible representation or by any imputation, 
innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet 
Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall 
also be liable to fine.  
  
] 108

296.  Disturbing religious assembly:  
Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of 
religious worship, or religious ceremonies, shall be punished with imprisonment of either 
description for a term which may extend t o one year, or with fine, or with both.  
  
297.  Trespassing on burial places, etc.:  
Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of 
any person, or with the knowledge that the feelings of any person are likely to be wounded, or that 
the religion of any person is likely to be insulted thereby, commits any trespass in any place of 
worship or on any place of  sculpture, or any place set apart for the performance of funeral rites or 
as a, depository for the remains of the dead, or offers any indignity to any human corpse or causes 
disturbance to any persons assembled for the performance of funeral ceremonies, s hall be

disturbance to any persons assembled for the performance of funeral ceremonies, s hall be 
punished with imprisonment of either description for a term which may extend to one year, or with 
fine, or with both.  
  
298.  Uttering words, etc., with deliberate intent to wound religious feelings:  
Whoever, with the deliberate intention o f wounding the religious feelings of any person, utters any 
word or makes any sound in the hearing of that person or makes any gesture in the sight of that 
person or places any object in the sight of that person, shall be punished with imprisonment of 
either description for a term which may extend to one year or with fine, or with both.  
  
 109[ 
298-
A. Use of derogatory remarks, etc., in respect of holy personages:  
Whoever by words, either spoken or written, or by visible representation, or by any imputation,

109[ 
298-
Whoever by words, either spoken or written, or by visible representation, or by any imputation, 
innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul 
Mumi neen), or members of the family (Ahle -bait), of the Holy Prophet (peace be upon him), or any 
of the righteous Caliphs (Khulafa -e-Rashideen) or companions (Sahaaba) of the Holy Prophet 
(peace be upon him) shall be punished with imprisonment of either descri ption for a term which 
  
] 109 
 110[ 
298-Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places:

B. (1) Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by 
any other name who by words, either spoken or written, or by visible representation - 
(a) refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet 
Muhammad (peace be upon him), as "Ameer -ul-Mumineen", "Khalifatul - Mumineen", 
Khalifa -tul-Muslimeen", "Sahaabi" or "Razi Allah Anho";  
(b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad 
(peace be upon him), as "Ummul -Mumineen";  
(c) refers to, or addresses, any person, other than a member of the family "Ahle -bait" of the 
Holy Prophet Muhammad (peace be  upon him), as "Ahle -bait"; or  
(d) refers to, or names, or calls, his place of worship a "Masjid";  
shall be punished with imprisonment of either description for a term which may extend to 
three years, and shall also be liable to fine.  
  
(2) Any person of the Qaudiani group or Lahori group (who call themselves "Ahmadis" or by any

(2) Any person of the Qaudiani group or Lahori group (who call themselves "Ahmadis" or by any 
other name) who by words, either spoken or written, or by visible representation refers to the 
mode or form of call to prayers followed by his faith as "Azan", o r recites Azan as used by the 
Muslims, shall be punished with imprisonment of either description for a term which may 
extend to three years, and shall also be liable to fine.  
  
298-
C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith:  
Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any 
other name), who directly or indirectly, poses himself as a Muslim , or calls, or refers to, his faith as 
Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either 
spoken or written, or by visible representations, or in any manner whatsoever outrages the

spoken or written, or by visible representations, or in any manner whatsoever outrages the 
religious feelings of Musl ims shall be punished with imprisonment of either description for a term 
which may extend to three years and shall also be liable to fine.  
  
] 110 111[

XVI 
OF OFFENCES AFFECTING THE HUMAN BODY  
 
Of Offences Affecting Life  
299.  Definitions:  
In this Chapter, unless there is anything repugnant in the subject or context:  
(a) "adult" means a person who has attained the age of eighteen years;  
(b) "arsh" means the compensation specified in this Chapter to be paid to the victim or his heirs 
under this Chapter;  
(c) "authorised medical officer" means a medical officer or a Medical board, howsoever 
designated, authorised by the Provincial Governmen t; 
(d) "daman" means the compensation determined by the Court to be paid by the offender to the 
victim for causing hurt not liable to arsh;  
(e) "diyat" means the compensation specified in Section 323 payable to the heirs of the victim;  
(f) "Government" means the Provincial Government;  
(g) "ikrah -e-tam" means putting any person, his spouse or any of his blood relations within the 
prohibited degree of marriage in fear of instant death or instant, permanent impairing of any

prohibited degree of marriage in fear of instant death or instant, permanent impairing of any 
organ of the bo dy or instant fear of being subjected to sodomy or ziha -bil-jabr;  
(h) "ikrah -e-naqis" means any form of duress which does not amount to ikrah -i-tam;  
(i) "minor" means a person who is not an adult;  
 112[(ii) "offence committed in the name or on the pretext of honour" means an offence committed 
in the name or on the pretext of karo kari, siyah kari or simila r other customs or 
practices;] 112 
(j) "qatl" means causing death of a person;  
(k) "qisas" means punishment by causing similar hurt at the same part of the body of the convict 
as he has caused to the victim or by causing his death if he has committed qatl -iamd in 
exercise Of the right of the victim or a Wali;

(l) "ta'zir" means puru shment other than qisas, diyat, arsh , or daman; and  
(m) "wali" means a person entitled to claim qisas.  
 
300.  Qatl -e-Amd:  
Whoever, with the intention of causing death or with the intention of causing bodily injury to a 
person, by doing an act which in the ordinary course of nature is likely to cause death, or with -the 
knowledge that his act is so imminently dangerous that it must in all probability cause death, 
causes the death of such person, is said to commit qatl -e-amd.  
  
301.  Causing death of person other than the person whose death was intended:  
Where a person, by doing anything which he intends or knows to be likely to cause death, causes 
death of any person whose death he neither intends nor knows himself to be likely to cause, such 
an act committed by the offender shall be liable for qatl -i-amd . 
  
302.  Punishment of qatl -i-amd:  
Whoever commits qatl -e-amd shall, subject to the provisions of this Chapter be:  
(a) punished with death as qisas;

(a) punished with death as qisas;  
(b) punished with death or imprisonment for life as ta'zir having regard to the facts and 
circumstances of the case, if the proof in either of the forms specified in Section 304 is not 
available; or  
(c) punished with imprisonment of either description for  a term which may extend to twenty -five 
years, where according to the injunctions of Islam the punishment of qisas is not 
applicable 113[:] 113 
 114[ 
Provided  that nothing in this clause shall apply to the offence of qatl -i-amd if committed in the 
name or on the pretext of honour and the same shall fall within the ambit of (a) and (b), as the 
case may be.  
] 114

303.  Qatl committed under ikrah -i-tam or ikrah -i-naqis:  
Whoever commits qatl:  
(a) under Ikrah -i-tam shall be punished with imprisonment for a term which may extend to 
twenty -five years but shall not be less than ten years and the person causing 'ikrah -i-tam' shall 
be punished for the kind of Qatl committed as a consequence of ikrah -i-tam; or  
(b) under 'ikrah -i-naqis' shall be punished for the kind of Qatl committed by him and the person, 
causing 'ikrah -i-naqis, shall be punished with imprisonment for a term which may extend to 
ten years.  
 
304.  Proof of qatl -i-amd liable to qisas, etc.:  
(1) Proof of qatl -i-amd shall be in any of the following forms, namely: - 
(a) the accused makes before a Court competent to try the offence a voluntary and true 
confession of the commission of the offence; or  
(b) by the evidence as provided in Article 17 of the Qanun -e-Shahadat, 1984 (P.O. No. 10 of 
1984).

1984).  
 
(2) The provisions of sub -section (1) shall, mutatis, mutandis, apply to a hurt liable to qisas.  
  
305.  Wali:  
In case of qatl, the wali shall be -- 
(a) the heirs of the victim, according to his personal law   115[but shall not include the accused or 
the convict in case of qatl -i-amd if committed in the name or on the pretext of honour] 115; and  
(b) the Government, if there is no heir.  
 
306.  Qatl -e-amd not liable to qisas:  
Qatl -i-Amd shall not be liable to qisas in the following cases, namely: --

(a) when an offender is a minor or insane:  
Provided  that, where a person liable to qisas associates himself in the commission of the 
offence with a person not liable to qisas, w ith the intention of saving himself from qisas, he 
shall not be exempted from qisas;  
(b) when an offender causes death of his child or grand -child, how low -so-ever; and  
(c) when any wali of the victim is a direct descendant, how low -so-ever, of the offender.  
 
307.  Cases in which Qisas for qatl -i-amd shall not be enforced:  
(1) Qisas for qatl -i-amd shall not be enforced in the following cases, namely: -- 
(a) when the offender dies before the enforcement of qisas;  
(b) when any wali voluntarily and without duress, to the satisfaction of the Court, waives the 
right of qisas under Section 309 or compounds under Section 310 and  
(c) when the right of  qisas devolves on the offender as a result of the death of the wali of the 
victim, or on, the person who has no right of qisas against the offender.

victim, or on, the person who has no right of qisas against the offender.  
 
(2) To satisfy itself that the wali has waived the right of qisas under Section 309 or compounded 
the right of qisas under Section 310 voluntarily and without duress the Court shall take down 
the statement of the wali and such other persons as it may deem nece ssary on oath and record 
an opinion that it is satisfied that the Waiver or, as the case may be, the composition, was 
voluntary and not the result of any duress.  
  
(i) A kills Z, the matern al uncle of his son B. Z has no other wali except D the wife of A. D has the 
right of qisas from A but if D dies, the right of qisas shall devolve on her son B who is also the 
son of the offender A. B cannot claim qisas against his father. Therefore, the q isas cannot be 
enforced.

(ii) B kills Z, the brother of their husband A. Z has no heir except A. Here A can claim qisas from his 
wife B. But if A dies, the right of qisas shall devolve on his son D who is also son of B, the qisas 
cannot be enfor ced against B.  
  
308.  Punishment in qatl -i-amd not liable to qisas, etc.:  
(1) Where an offender guilty of qatl -i-amd is not liable to qisas under Section 306 or the gisas is 
not enforceable under clause (c) of Section 307, he shall be liable to diyat:  
Provided  that, where the offender is minor or insane, diyat shall be payable eithe r from his 
property or, by such person as may be determined by the Court:  
Provided  further that where at the time of committing qatl -i-amd the offender being a minor, 
had attained sufficient maturity of being insane, had a lucid interval, so as to be able to realize 
the consequences of his act, he may also be punished with imprisonment of either description 
for a term which may extend to   116[twenty -five years] 116 as ta'zir.

for a term which may extend to   116[twenty -five years] 116 as ta'zir.  
Provided  further that, where the qisas is not enforceable under clause (c) of Section 307, the 
offender shall be liable to diyat only if there is a ny wali other than offender and if there is no 
wali other than the offender, he shall be punished with imprisonment of either description for 
a term which may extend to   117[twenty -five years] 117 years as ta'zir.  
  
(2) Notwithstanding anything contained in sub -section (i), the Court, having regard to the facts 
and circumstances of the case in addition to the punishment of diyat, may punish the offender 
with imprisonment of either description for a term which may extend t o  118[twenty -five 
years] 118 years, as ta'zir.  
  
309.  Waiver (Afw) of qisas in qatl -i-amd:  
(1) In the case of qatl -i-amd, an adult sane wali may, at any time and without any compensation,

(1) In the case of qatl -i-amd, an adult sane wali may, at any time and without any compensation, 
waive his right of qisas:

Provided  that the right of qisas shall not be waived;  
(a) where the Government is the wali, or  
(b) where the right of qisas vests in a minor or insane.  
 
(2) Where a victim has more than one Wali any one of them may waive his right of qisas:  
Provided  that the wali who does not waive the right of qisas shall be entitled to his share of 
diyat.  
  
(3) Where there are more than one victim, the waiver of the right of qisas by the wali of one 
victim shall not affect the right of qisas of the wali of the other victim.  
  
(4) Where there are more than one offenders, the waiver of the right of qisas a gainst one offender 
shall not affect the right of qisas against the other offender.  
  
310.  Compounding of qisas (Sulh) in qatl -i-amd:  
(1) In the case of qatl -i-amd, an adult sane wali may, at any time on accepting badl -i-sulh, 
compound his right of qisas:  
 119[ 
Provided  that a female shall not be gi ven in marriage or otherwise in badal -i-sulh.  
] 119

 119[ 
] 119 
  
(2) Where a wali is a minor or an insane, the wali of such minor or insane wali may compound the 
right of qisas on behalf of such minor or insane wali:  
Provided  that the value of badf -i-sufh shall not be less than the value of diyat.

(3) Where the Government is the wali, it may compound the right of qisas:  
Provided  that fee value of badi -i-sulh shall not be less than the value of diyat.  
  
(4) Where the badl -i-sulh is not determined or is a property or a right the value of which cannot be 
determined in terms of money under Shari'ah, the right of qisas shall be deemed to have been 
compounded and the offender shall be liable to diyat.  
  
(5) Badl -i-sulh may be paid or given on demand or on a deferred date as may be agreed upon 
between the offender and the wali.  
  
Explanation:  In this section, Badl -i-sulh means the mutually agreed compensation according to 
Shari'ah to be paid or given by the offender to a wali in cash or in kind or in the form of movable or 
immovable property.  
  
 120[ 
310A.  Punishment for giving a female in marriage or otherwise in badal -i-sulh:  
Whoever gives a female in marriage or otherwise in badal -i-sulh shall be punished with rigorous

120[ 
Whoever gives a female in marriage or otherwise in badal -i-sulh shall be punished with rigorous 
imprisonment which may extend to ten years but shall not be less than three years.  
  
] 120 
311.  Ta'zir after waiver or compounding of right of qisas in qatl -i-amd:  
Notwithstanding anything contained in Section 309 or Section 310, where all the wali do not waive 
or compound the right of qisas, or   121[if] 121 the principle of fasad -fil-arz the Court 
may,   122[] 122having regard to the facts and circumstances of the case, punish an offender against 
whom the right of qisas has been waived or compounded with   123[death or imprisonment for l ife 
or] 123 imprisonment of either description for a term of which may extend to fourteen years as 
ta'zir 124[:] 124 
 125[

Provided  that if the offence has been committed in the name or on the pretext of honour, the 
imprisonment shall not be less than ten years.  
] 125 
Explanation:  For the purp ose of this section, the expression fasad -fil-arz shall include the past 
conduct of the offender, or whether he has any previous convictions, or the brutal or shocking 
manner in which the offence has been committed which is outrageous to the public conscie nce, or 
if the offender is considered a potential danger to the community   126[, or if the offence has been 
committed in the name or on the pretext of honour] 126. 
  
312.  Qatl -i-amd after waiver or compounding of qisas:  
Where a wali commits qatl -iamd of a convict against whom the right of qisas has been waived 
under Section 309 or compounded under Section 310, such wali shall be punished with - 
(a) qisas, if he had himself, waived or compounded the right of qisas against the convict or had 
knowledge of such waiver of -composition by another wali, or

knowledge of such waiver of -composition by another wali, or  
(b) diyat, if he had no knowledge of such waiver or composition.  
 
313.  Right of qisas in qatl -i-amd:  
(1) Where there is only one wali, he alone has the right of qisas in qatl -i-amd but, if there are 
more than one, the right of qisas vests in each of them.  
  
(2) If the victim - 
(a) has no wali, the Government shall have the right of qisas; or  
(b) has no wali other than a minor or insane or one of the wali is a minor or insane, the 
father or if he is not alive the paternal grandfather of such wali shall have the right of 
qisas on his behalf:  
Provided  that, if the minor or insane wali has no fat her or paternal grandfather, how 
high -so-ever, alive and no guardian has been appointed by the Court, the Government 
shall have the right of qisas on his behalf.

314.  Execution of qisas in qatl -i-amd:  
(1) Qisas in Qatll -i-amd shall be executed by a functionary of the Government by causing death of 
the convict as the Court may direct.  
  
(2) Qisas shall not be executed until all the wali are present at the time of execution, either 
personally or through their representatives authorised by them in writing in this behalf: 
Provided that where a wali or his representative fails to present himself on the date, time and 
place of execution of qisas after having been informed of the date, time and place as certified 
by the Court, an officer authorised by the Court shall give permission for the execution of 
qisas and the Government shall cause execution  of qisas in the absence of such wali.  
  
(3) If the convict is a woman who is pregnant, the Court may, in consultation with an authorised 
medical officer, postpone the execution of qisas up to a period of two years after the birth of

medical officer, postpone the execution of qisas up to a period of two years after the birth of 
the child and  during this period she may be released on bail on furnishing of security to the 
satisfaction of the Court, or, if she is not so released she shall, be dealt with as if sentenced to 
simple imprisonment.  
  
315.  Qatl shibh -i-amd:  
Whoever, with intent to cause harm to the body or mind of any person, causes the death of that 
or of any other person by means of a weapon or an act which in the ordinary course of nature is 
not likely to cause death is said to commit qatl shibh -i-amd.   
A in order to cause hurt strikes Z with a stick or stone which in the ordinary course of nature is not 
likely to cause death. Z dies as a result of such hurt. A shall be guilty of Qatl shibh -i-amd.  
  
316.  Punishment for Qatl shibh -i-amd:

316.  Punishment for Qatl shibh -i-amd: 
Whoever commits qatl shibh -i-amd shall be liable to diyat and may also be punished with

imprisonment of either description for a term which may extend to   127[twenty -five years] 127 years 
as ta'zir.  
  
317.  Person committing qatl debarred from succession:  
Where a person committing qatl -i-amd or Qatl shibh -i-amd is an heir or a beneficiary under a will, 
he shall be debarred from succeeding to the estate of the victim as an heir or a beneficiary.  
  
318.  Qatl -i-khata:  
Whoever, without any intention to cause death of, or cause harm to,  a person causes death of 
such person, either by mistake of act or by mistake of fact, is said to commit qatl -i-khata.   
(a) A aims at a deer but misses the target and kills Z who is standing by, A is guilty of qatl -i-khata.  
  
(b) A shoots at an object to be a boar but it turns out to be a human being. A is guilty of qatl -i-
khata.  
  
319.  Punishment for qatl -i-khata:  
Whoever commits qatl -i-khata shall be liable to diyat:

khata.  
  
Whoever commits qatl -i-khata shall be liable to diyat:  
Provided  that, where qatl -i-khata is committed by a rash or negligent act, other than rash or 
negligent driving, the offender may, in addition to diyat, also be punished with imprisonment of 
either description for a term which may extend to five years as ta'zir.  
  
320.  Punishment for qatl -i-khata by rash or negligent driving:  
Whoever commits qatl -ikhata by rash or negligent driving shall, having regard to the facts and 
circumstances the case, in addition to diyat, be punished with imprisonment of either des cription 
for a term which may extend to ten years.

321.  Qatl -bis-sabab:  
Whoever, without any intention, cause death of, or cause harm to, any person, does any unlawful 
act which becomes a cause for the death of another person, is said to commit qatl -bis-sabab.   
A unlawfully digs a pit in the thoroughfare, but wit hout any intention to cause death of, or harm 
to, any person, B while passing from there falls in it and is killed. A has committed qatl -bis-sabab.  
  
322.  Punishment for qatl -bis-sabab:  
Whoever commit qatl bis -sabab shall be liable to diyat.  
  
323.  Value of diyat:  
(1) The Court shall, subject to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah 
and keeping in view the financial position of the convict and the heirs of the victim, fix the 
value of diyat which shall n ot be less than the value of thirty thousand six hundred and thirty 
grams of silver.  
  
(2) For the purpose of sub -section (1), the Federal Government shall, by notification in the official

(2) For the purpose of sub -section (1), the Federal Government shall, by notification in the official 
Gazette, declare the value of Silver, on the first day of July each year or on such date as it may 
deem fit, which shall be the value payable during a financi al year.  
  
324.  Attempt to commit qatl -i-amd:  
Whoever does any act with such intention or knowledge, and under such circumstances, that, if he 
by that act caused qatl, he would be guilty of qatl -i-amd, shall be punished with imprisonment for 
either description for a term which may extend to ten years   128[but shall not be less than five years 
if the offence has been committed in the name or on the pretext of honour] 128, and shall also be 
liable to fine, and, if hurt is caused to any person by such act, the offender shall, in addition to the 
imprisonment and fine as aforesaid, be liable to the punishment provided for t he hurt caused:

imprisonment and fine as aforesaid, be liable to the punishment provided for t he hurt caused:  
Provided  that where the punishment for the hurt is qisas which is not executable, the offender 
shall be liable to arsh and may also be punished with imprisonment of either description for a term

which may extend to seven years.  
  
325. Attempt to commit suicide:  
Whoever attempts to commit suicide and does any act towards the commission of such offence, 
shall be punished with simple imprisonment for a term which may extend to one year, or with 
  
326.  Thug:  
Whoever shall have been habitually associated with any other or others for the purpose of 
committing robbery or child -stealing by means of or accompanied with Qatl, is a thug.  
  
327.  Punishment:  
Whoever is a thug, shall be punished with imprisonm ent for life and shall also be liable to fine.  
  
328.  Exposure and abandonment of child under twelve years by parent or person having care of it:  
Whoever being the father or mother of a child under the age of twelve years, or having the care of 
such child, shall expose or leave such child in any place with the intention of wholly abandoning 
such child, shall be punished with imprisonment' of either description for - a term which may

such child, shall be punished with imprisonment' of either description for - a term which may 
extend to seven years, or with fine, or with both.  
Explanation:  This section is not intended to prevent the trial of the offender for qatl -i-amd or qatl -
i-shibh -i-amd or qatl -bis-sabab, as the case may be, if the child dies in consequence of the 
exposure.  
  
329.  Concealment of birth by secret disposal of dead body:  
Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such 
child dies before or after or during its birth, intentionally conceals or endeavours to conceal the 
birth shall be punishable with imprisonment of either des cription for a term which may extend to 
  
330.  Disbursement of diyat:  
The diyat shall be disbursed among the heirs of the victim according to their respective shares in

inheritance: Provided that, where an heir foregoes his share, the diyat shall not be recovered to 
the extent of his share.  
  
331.  Payment of Diyat:  
(1) The diyat may be made payable in lumpsum or in instalments spread over a period of three 
years from the date of the final judgment.  
  
(2) Where a convict fails to pay diyat or any part thereof within the period specified in subsection 
(1), the convict may be kept in jail and dealt with in the same manner as if sentenced to 
simple imprisonment until the diyat is paid full or may be released o n bail If he furnishes 
security equivalent to the amount of diyat to the satisfaction of the Court.  
  
(3) Where a convict dies before the payment of diyat or any part thereof, it shall be recovered 
from his estate.  
  
332 Hurt:  
(1) Whoever causes pain, harm, disease, infianity or injury to any person or impairs, disables or 
dismembers any organ of the body or part thereof of any person without causing his death, is 
said to cause hurt.

said to cause hurt.  
  
(2) The following are the kinds of hurt:  
(a) Itlaf-i-udw  
(b) Itlaf-i-salahiyyat -i-udw  
(c) shajjah  
(d) jurh and

(e) all kinds of other hurts.  
 
333.  Itlaf-i-udw:  
Whoever dismembers, amputates, severs any limb or organ of the body of another person is said 
to cause Itlaf -i-udw.  
  
334.  Punishment for Itlaf -udw:  
Whoever by doing any act with the intention of thereby causing hurt to any person, or with the 
knowledge that he is likely thereby to cause hurt to any person causes Itlaf -i-udw of any person, 
shall, in consultation with the authorised medical officer, be punished with qisas, and if the qisas is 
not executable keeping in view the principles of equality  in accordance with the Injunctions of 
Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either 
description for a term which may extend to ten years as ta'zir.  
  
335.  Itlaf-i-salahiyyat -i-udw:  
Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the 
body of another person, or causes permanent disfigurement is said to cause itlaf -i-salahiyyat -i-
udw.

udw.  
  
336.  Punishment for itlaf -i-salahiyyat -i-udw:  
Whoever, by doing any act with the intention of causing hurt to any person, or with the knowledge 
that he is likely to cause hurt to any person, causes itlaf -i-salahiyyat -i-udw of any person, shall, in 
consultation with the authorised medical officer, be p unished with qisas and if the qisas is not 
executable, keeping in view the principles of equality in accordance with the Injunctions of Islam, 
the offender shall be liable to arsh and may also be punished with imprisonment of either 
description for a term which may extend to ten years as taz’ir.  
  
337.  Shajjah:  
(1) Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf -i-

udw or itlaf -i-salahiyyat -i-udw, is said to cause shajjah.  
  
(2) The following are the kinds of shajjah namely: - 
(a) Shajjah -i-Khafifah  
(b) Shajjah -i-mudihah  
(c) Shajjah -i-hashimah  
(d) Shajjah -i-munaqqilah  
(e) Shaijah -i-ammah and  
(f) Shajjah -i-damighah  
 
(3) Whoever causes shajjah: - 
(i) without exposing bone of the victim, is said to cause shajjah -i-khafifah;  
(ii) by exposing any bone of the victim without causing fracture, is said to cause shajjah -
imudihah;  
(iii) by fracturing the bone of the victim, without dislocating it, is said to cause shajjah -
ihashimah;  
(iv) by causing fracture of the bone of the victim and thereby the bone is dislocated, is said to 
cause shajfah -i-munaqqilah;  
(v) by causing fracture of the skull of the victim so that the wound touches the membrane of 
the brain, is said to cause shajjah -i-ammah;  
(vi) by causing fracture of the skull of the victim and the wound ruptures the membrane of 
the brain is said to cause  shajjah -i-damighah.

the brain is said to cause  shajjah -i-damighah.  
 
337-Punishment of shajjah:

A. Whoever, by doing any act with the intention of thereby causing hurt to any person, or with the 
knowledge that he is likely thereby to cause hurt to any person, causes - 
(i) shajjah -i-khafifah to any person, shall be liable to daman and may also be punished with 
imprisonment of either description for a term which may extend to two years as ta'zir,  
(ii) shajjah -i-mudihah to any person, shall, in consultation with the authorised medical officer, be 
punished with qisas, and if the, qisas is not executable keeping in view the principles of 
equality, in accordance with the Injunctions of Islam, the convict sh all be liable to arsh which 
shall be five percent of the diyat and may also be punished with imprisonment of either 
description for a term which may extend to five years as ta'zir,  
(iii) shajjah -i-hashimah to any person, shall be liable to arsh which shall be ten per cent of the 
diyat and may also be punished with imprisonment of either description for a term which

diyat and may also be punished with imprisonment of either description for a term which 
may extend to ten years as ta'zir,  
(iv) shajiah -i-munaqqilah to any person, shall be liable to arsh which shall be fifteen per cent of  
the diyat and may also be punished with imprisonment of either description for a term which 
may extend to ten years as ta 'zir,  
(v) shajjah -i-ammah to any person, shall be liable to arsh which shall be one -third of the diyat 
and may also be punished with imprisonment of either description for a term which may 
extend to ten years as ta'zir, and  
(vi) shajjah -i-damighah to any person  shall be liable to arsh which shall be one -half of diyat and 
may also be punished with imprisonment of either description for a term which may extend 
to fourteen years as ta'zir.  
 
337-
B. Jurh:  
(1) Whoever causes on any part of the body of a person, other than the head or face, a hurt

337-
B. Jurh:  
(1) Whoever causes on any part of the body of a person, other than the head or face, a hurt 
which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.  
  
(2) Jurh is of two kinds, namely: - 
(a) Jaifah ; and  
(b) Ghayr -jaifah.

337-
C. Jaifah:  
Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause 
jaifah.  
  
337-
D. Punishment for jaifah:  
Whoever by doing any act with the intention of causing hurt to a person or with the knowledge 
that he is likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh 
which shall be one -third of the diyat and may also be punish ed with imprisonment of either 
  
337-
E. Ghayr -jaifah:  
(1) Whoever causes jurh which does not amount to jaifah, is said to cause ghayr -jaifah.  
  
(2) The following are the kinds of ghayr -faifah, namely: - 
(a) damihah  
(b) badi'ah  
(c) mutalahimah  
(d) mudihah  
(e) hashimah; and  
(f) munaqqilah  
 
(3) Whoever causes ghayr -jaifah — 
(i) in which the skin is ruptured and bleeding occurs, is said to cause damiyah;

(ii) by cutting or incising the flesh without exposing the bone, is said to cause badi'ah;  
(iii) by lacerating the flesh, is said to cause mutalahimah;  
(iv) by exposing the bone, is said to cause mudihah;  
(v) by causing fracture of a bone without dislocating it, is said to cause hashimah; and  
(vi) by fracturing and dislocating the bone, is said to cause munaqqilah.  
 
337-
F. Punishment of ghayr -jaifah:  
Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge 
that he is likely to cause hurt to any person, causes: - 
(i) damihah to any person, shall be liable to daman and may al so be punished with 
imprisonment of either description for a term which may extend to one year as ta'zir;  
(ii) badi'ah to any person, shall be liable to daman and may also be punished with imprisonment 
of either description for a term which may extend to three years as ta'zir;  
(iii) mutafahimah to any person, shall be liable to daman and may also be punished w ith

(iii) mutafahimah to any person, shall be liable to daman and may also be punished w ith 
imprisonment of either description for a term which may extend to three years as ta'zir;  
(iv) mudihah to any person, shall be liable to daman and may also be punished with 
imprisonment of either description for a term which may extend to five year s as ta'zir;  
(v) hashimah to any person, shall be liable to daman and may also be punished with 
imprisonment of either description for a term which may extend to five years as ta'zir, and  
(vi) munaqqilah to any person, shall be liable to daman and may also be punished with 
imprisonment of either description for a term which may extend to seven years as ta'zir.  
 
337-
G. Punishment for hurt by rash or negligent driving:  
Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the

337-
Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the 
kind of hurt caused and may also be punished with imprisonment of either description for a term 
which may extend to five years as ta'zir.

337-
H. Punishment for hurt by rash or negligent act:  
(1) Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be 
liable to arsh or daman specified for the kind of hurt caused and may also be punished with 
imprisonment of either description for a term which may extend to three  years as ta'zir.  
  
(2) Whoever does any act so rashly or negligently as to endanger human life or the personal 
safety of other, shall be punished with imprisonment of either -description for a term which 
may extend to three months, or with fine, o r with both.  
  
337-
I. Punishment for causing hurt by mistake (khata):  
Whoever causes hurt by mistake (khata) shall be liable to arsh or daman specified for the kind of 
hurt caused.  
  
337-
J. Causing hurt by mean of a poison:  
Whoever administers to or causes to be taken by, any person, any poison or any stupefying, 
intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or

intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or 
with intent to commit or to facilitate the commission of an offenc e, or knowing it to be likely that 
he will thereby cause hurt may, in addition to the punishment of arsh or daman provided for the 
kind of hurt caused, be punished, having regard to the nature of the hurt caused, with 
imprisonment of either description for  a term which may extend to ten years.  
  
337-
K. Causing hurt to extort confession, or to compel restoration of property:  
Whoever causes hurt for the purpose of extorting from the sufferer or any person interested in 
the sufferer any confession or any information which may lead to the detection of any offence or 
misconduct, or for the purpose of constraining the sufferer, or any person interested in the

misconduct, or for the purpose of constraining the sufferer, or any person interested in the 
sufferer, to restore, or to cause the restoration of, any property or valuable security or to satisfy 
any claim or demand, or to give information which may lead to the restoration of any property, or 
valuable security shall, in  addition to the punishment of qisas, arsh or daman, as the case may be, 
provided for the kind of hurt caused, be punished, having regard to the nature of the hurt caused,

with imprisonment of either description for a term which may extend to ten years as ta'zir.  
  
337-
L. Punishment for other hurt:  
(1) Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the 
sufferer to remain in severe bodily pain for twenty days or more or renders him unable to 
follow his ordinary pursuits for twenty days or more, shall be liable to dam an and also be 
punished with imprisonment of either description for a term which may extend to seven 
years.  
  
(2) Whoever causes hurt not covered by sub -section (1) shall be punished with imprisonment of 
either description for a term which may ext end to two years, or with daman, or with both.  
  
337-
M. Hurt not liable to qisas:  
Hurt shall not be liable to qisas in the following cases, namely: - 
(a) when the offender is a minor or insane:  
Provided  that he shall be liable to arsh and also to ta'zir to be determined by the Court having

Provided  that he shall be liable to arsh and also to ta'zir to be determined by the Court having 
regard to the age of offender, circumstances of the case and the nature of hurt caused;  
(b) when an offender at the instance of the victim causes hurt to him:  
Provided  that the offender may be liable to ta'zir provided for the kind of hurt caused by him;  
(c) when the offender has caused itlaf -i-udw of a physically imperfect organ of the victim and the 
convict does not suffer from similar physical imperfecti on of such organ:  
Provided  that the offender shall be liable to arsh and may also be liable to ta'zir provided for 
the kind of hurt caused by him; and  
(d) when the organ of the offender liable to qisas is missing:  
Provided  that the offender shall be l iable to arsh and may also be liable to ta'zir provided for 
the kind of hurt caused by him.

(i) A amputates the right ear of Z, the half of which was already missing. If A's right ear is perfect, 
he shall be liable to arsh and not qisas.  
  
(ii) If in (he above illustration, Z's ear is physically perfect but without power of hearing, A shall 
be liable to qlsas because the defect in Z's ear is not physical.  
  
(iii) If in illustration (i) Z's ear is pierced, A shall be liable to qisas becau se such minor defect is not 
physical imperfection.  
  
337-
N. Cases in which qisas for hurt shall not be enforced:  
(1) The qisas for a hurt shall not be enforced in the following cases, namely: - 
(a) when the offender dies before execution of qisas;  
(b) when the organ of the offender liable to qisas is lost before the execution of qisas:  
Provided  that offender shall be liable to arsh, and may also be liable to ta'zir provided for 
the kind of hurt caused by him;  
(c) when the victim waives the qisas or compounds the offence with badl -i-sufh; or

(c) when the victim waives the qisas or compounds the offence with badl -i-sufh; or  
(d) when the right of qisas devolves on the pe rson who cannot claim qisas against the 
offender under this Chapter:  
Provided  that the offender shall be liable to arsh, if there is any wali other than the 
offender, and if there is no wali other than the offender he shall be liable to ta'zir 
provided for  the kind of hurt caused by him.  
 
(2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may, having

regard to the kind of hurt caused by him, in addition to payment of arsh, award ta'zir to an 
offender who is a previous convict, habitual or hardened, desperate  or dangerous 
criminal   129[or the offence has been committed by him in the name or on the pretext of 
honour] 129. 130[:] 130 
 131[ 
Provided  that the ta'zir shall not be less than one -third of the maximum imprisonment 
provided for the hurt caused if the offender is a previous convict, habitual, ha rdened, 
desperate or dangerous criminal or if the offence has been committed by him in the name or 
on the pretext of honour.  
] 131 
  
337-
O. Wali in case of hurt:  
In the case of hurt: The wali shall be - 
(a) the victim:  
Provided  that, if the victim is a minor or insane, his right of qisas shall be exercised by his 
father or paternal grandfather, how high -so-ever;  
(b) the heirs of the victim, if the later dies before the execution of qisas; and  
(c) the Government, in the absence of the victim or the heirs of the victim.

(c) the Government, in the absence of the victim or the heirs of the victim.  
 
337-
P. Execution of qisas for hurt:  
(1) Qisas shall be executed in public by an authorised medical officer who shall before such 
execution examine the offender and take due care so as to ensure that the execution of qisas 
does not cause the death of the offender or exceed the hurt caused by him to the victim.  
  
(2) The wali shall be present at the time of execution and if the wali or his representative is not 
present, after having been informed of the date, time and place by the Court an officer 
authorised by the Court in this behalf shall give permission for the exe cution of qisas.

medical officer, postpone the execution of qisas upto a period of two years after the birth of 
the child and during this period she  may be released on bail on furnishing of security to the 
satisfaction of the Court or, if she is not so released, shall be dealt with as if sentenced to 
simple' imprisonment.  
  
337-
Q. Arsh for single organs:  
The arsh for causing itlaf of an organ which is found singly in a human body shall be equivalent to 
the value of diyat.  
Explanation:  Nose and tongue are included in the organs which are found singly in a human body.  
  
337-
R. Arsh for organs in pairs:  
The arsh for causing itlaf of organs found in a human body in pairs shall be equivalent to the value 
of diyat and if itlaf is caused to one of such organs the amount of arsh shall be one -half of the 
diyat:  
Provided  that, where the  victim has only one such organ or his other organ is missing or has

diyat:  
Provided  that, where the  victim has only one such organ or his other organ is missing or has 
already become incapacitated the arsh for causing itlaf of the existing or capable organ shall be 
equal to the value of diyat.  
Explanation:  Hands, feet, eyes, lips and breasts are include d in the organs which are found in a 
human body in pairs.  
  
337-
S. Arsh for the organs in quadruplicate:  
The arsh for causing itlaf of organs found in a human body in a set of four shall be equal to - 
(a) one-fourth of the diyat, if the itlaf is one of such organs;  
(b) one-half of the diyat, if the itlaf is of two of such organs;  
(c) three -fourth of the diyat, if the itlaf is of three such organs; and

(d) full diyat, if the itlaf is of all the four organs.  
Explanation:  Eyelids are organs which are found in a human body in a set of four.  
  
337-
T. Arsh for fingers:  
(1) The arsh for causing itlaf of a finger of a hand or foot shall be one -tenth of the diyat.  
  
(2) The arsh for causing itlaf of a joint of a finger shall be one -thirteenth of the diyat:  
Provided  that where the itlaf is of a joint of a thumb, the arsh shall be one -twentieth of the 
diyat.  
  
337-
U. Arsh for teeth:  
(1) The arsh for causing itlaf of a tooth, other than a milk tooth, shall be one -twentieth of the 
diyat.  
Explanation:  The impairment of the portion of a tooth outside the gum amounts to causing 
itlaf of a tooth.  
  
(2) The arsh for causing itlaf of twenty or more teeth shall be equal to the value of diyat.  
  
(3) Where the itlaf is of a milk tooth, the accused shall be liable to daman and may, also be 
punished with imprisonment of either description for a term which may extend to one year:

punished with imprisonment of either description for a term which may extend to one year:  
Provided  that, where itlaf of a milk tooth impedes the growth of. a new toot h, the accused 
shall be liable to arsh specified in sub -section (1).

337-
V. Arsh for hair:  
(1) Whoever uproots: - 
(a) all the hair of the head, beard, moustaches eyebrow, eyelashes or any other part of the 
body shall be liable to arsh equal to diyat and may also be punished with imprisonment of 
either description for a term which may extend to three years as ta'zir;  
(b) one eyebrow shall be liable to arsh equal to one - half of the diyat; and  
(c) one eyelash, shall be liable to arsh equal to one fourth of the diyat.  
 
(2) Where the hair of any part of the body of the victim are forcibly removed by any process not 
covered under sub section (1), the accused shall be liable to daman and imprisonment of 
either description which may extend to one year.  
  
337-
W. Merger of arsh:  
(1) Where an accused more than one hurt, he shall be liable to arsh specified for each hurt 
separately:  
Provided  that, where: - 
(a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such

(a) hurt is caused to an organ, the accused shall be liable to arsh for causing hurt to such 
organ and not for arsh for causing hurt to any part of such organ; and  
(b) the wounds join together and form a single wound, the accused shall be liable to arsh f or 
one wound.  
 
(i) A amputates Z's fingers of the right hand and then at the same time amputates that hand 
from the joint of his writs. There is separate arsh for hand and for fingers. A shall, 
however, be liable to arsh specified for hand only.

(ii) A twice stabs Z on his thigh. Both the wounds are so close to each other that they form 
into one wound. A shall be liable to arsh for one wound only.  
  
(2) Where, after causing hurt to a person, the offender causes death of such person by 
committing qatl liable to diyat, arsh shall merge into such diyat.  
Provided  that the death is caused before the healing of the wound caused by such hurt.  
  
337-
X. Payment of arsh:  
(1) The arsh may be made payable in a lump sum or in instalments spread over a period of three 
  
(2) Where a convict fails to pay arsh or any part thereof within the period specified in subsection 
simple imprisonment until arsh is paid in full may be released on bail  if he furnishes security 
equal to amount of arsh to the satisfaction of the Court.

equal to amount of arsh to the satisfaction of the Court.  
  
(3) Where a convict dies before the payment of arsh any part thereof, it shall be recovered from 
his estate.  
  
337-
Y. Value of daman:  
(1) The value of daman may be determined by the Court keeping in view: - 
(a) the expenses incurred on the treatment of victim;

(b) loss or disability caused in the functioning or power of any organ; and  
(c) the compensation for the anguish suffered by the victim.  
 
(2) In case of non -payment of daman, it shall be recovered from the convict and until daman is 
paid in full to the extent of his liability, the convict may be kept in jail and dealt with in the 
same manner as if sentenced to simple imprisonment or may be relea sed on bail if he 
furnishes security equal to the amount of daman to the satisfaction of the Court.  
  
337-
Z. Disbursement of arsh or daman:  
The arsh or daman shall be payable to the victim or, if the victim dies, to his heirs according to 
their respective shares in inheritance.  
  
338.  Isqat -i-Hamal:  
Whoever causes woman with child whose organs have not been formed, to miscarry, if suc h 
miscarriage is not caused in good faith for the purpose of saving the life of the woman, or 
providing necessary treatment to her, is said to cause isqat -i-hamal.

providing necessary treatment to her, is said to cause isqat -i-hamal.  
Explanation:  A woman who causes herself to miscarry is within the meaning of this section.  
  
338-
A. Punishment for Isqat -i-haml:  
Whoever cause isqat -i-haml shall be liable to punishment as ta'zir - 
(a) with imprisonment of either description for a term which may extend to three years, if isqat -i-
haml is caused with the consent of the woman; or  
(b) with imprisonment of either description for a term which may extend to ten years, if isqat -i-
haml is caused without the consent of the woman:  
Provided  that, if as a result of isqat -i-haml, any hurt is caused to woman or she dies, the convict 
shall also b e liable to the punishment provided for such hurt or death as the case may be.

338-
B. Isqat -i-janin:  
Whoever causes a woman with child some of whose limbs or organs have been formed to 
miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the 
woman, is said to cause Isqat -i-janin.  
Explanation:  A woman who causes h erself to miscarry is within the meaning of this section.  
  
338-
C. Punishment for Isqat -i-janin:  
Whoever causes isqat -i-ianin shall be liable to: - 
(a) one-twentieth of the diyat if the child is born dead;  
(b) full diyat if the child is born alive but dies as a result of any act of the offender; and  
(c) imprisonment of either description for a term which may extend to seven years as ta'zir:  
Provided  that, if there are more than one child in the womb of the woman, the offender shall be 
liable to separate diyat or ta'zir, as the case may be/for every such child:  
Provided  further that if, as a result of isqat -i-fanin, any hurt is caused to the woman or s he dies,

Provided  further that if, as a result of isqat -i-fanin, any hurt is caused to the woman or s he dies, 
the offender shall also be liable to the punishment provided for such hurt or death, as the case 
may be.  
  
338-
D. Confirmation of sentence of death by way of qisas or tazir, etc.:  
A sentence of death awarded by way of qisas or ta'zir, or a sentence of qisas awarded for causing 
hurt, shall not be executed, unless it is confirmed by the High Court.  
  
338-
E. Waiver or compounding of offences:  
(1) Subject to the provisions of this Chapter and Section 345 of the Code of. Criminal Procedure, 
1898 (V of 1898), all offences under this Chapter may be waived or compounded and the 
provisions of Sections 309 and 310 shall, mutatis mutandis, apply to the wai ver or 
compounding of such offences:  
Provided  that, where an offence has been waived or compounded, the Court may, in its

Provided  that, where an offence has been waived or compounded, the Court may, in its 
discretion having regard to the facts and circumstances of the case, acquit or award ta'zir to 
the offender according to the nature of  the offence. 132[:] 132

133[ 
Provided  further that where an offence under this Chapter has been committed in the name 
or on the pretext of honour, such offence may be waived or compounded subject to such 
conditions as the Court may deem fit to impose with the consent of the parties having regard 
to the facts and circumstances of the case.  
] 133 
  
(2) All questions relating to waiver or compounding of an offence or awarding of punishment 
under Section 310, whether before or after the passing of any sentence, shall be determined 
by trial Court:  
Provided  that where the sentence of qisas or any other sente nce is waived or compounded 
during the pendency of an appeal, such questions may be determined by the trial Court.  
  
338-
F. Interpretation:  
In the interpretatio n and application of the provisions of this Chapter, and in respect of matter 
ancillary or akin thereto, the Court shall be guided by the Injunctions of Islam as laid down in the 
Holy Qur'an and Sunnah.  
  
338-
G. Rules:

338-
G. Rules:  
The Government may, in consu ltation with the Council of Islamic ideology, by notification in the 
official Gazette, make such rules as it may consider necessary for carrying out the purposes of this 
Chapter.  
  
338-
H. Saving:  
Nothing in this Chapter, except Sections 309. 310 and 338 -E. shall apply to cases pending before 
any Court immediately before the commencement of the Criminal Law (Second Amendment) 
Ordinance, 1990 (VII of 1990), or to the offences committed before such co mmencement.  
  
] 111

CHAPTER XVI -A 
OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT  
339.  Wrongful restraint:  
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any 
direction in which that person has a right to proceed, is said wrongfully to restrain that person.  
Exception : The obstruction of a private way over land or water, which a person in good faith 
believes himself to have a lawful right to obstruct, is not an offence within the meaning of this 
section.  
 
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right 
to stop the path, Z is thereby prevented from passing. A wrongfully restrains Z.  
  
340.  Wrongful confinement:  
Whoever wrongfully restrains any person in such a manner as 10 prevent that person from 
proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.   

(a) A causes Z to go within a walled space, and locks  Z in. Z is thus prevented from proceeding in 
any direction beyond the circumscribing line of wall. A wrongfully confines Z.  
  
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z 
attempts to leave the building. A wrongfully confines Z.  
  
341.  Punishment for wrongful restraint:  
Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term, 
which may extend to one month, or with fine, which may extend to   134[one thousand five hundred 
rupees] 134 or with both.

342.  Punishment for wrongful confinement:  
Whoever wrongfully confines any person, shall be puni shed with imprisonment of either 
description for, a term, which may extend to one year, or with fine which may extend to   135[three 
thousand rupees] 135 or with both.  
  
343.  Wrongful confinement for three or more days:  
Whoever wrongfully confines any person, for three days or more, shall be punished with 
imprisonment of either description for a term, which may extend to two years, or with fine, or with 
both.  
  
344.  Wrongful confinement for ten or more days:  
Whoe ver wrongfully confines any person for ten days or more, shall be punished with 
imprisonment of either description for a term, which may extend to three years, and shall also be 
  
345.  Wrongful confinement of person for whose liberation writ has been issued:  
Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that 
person has been duly issued, shall be punished with imprisonment of either descriptio n for a term 
which may extend to two years, in addition to any term of imprisonment to which he may be liable 
under any other section of this Chapter.  
  
346.  Wrongful confinement in secret:  
Whoever wrongfully confines any person in such manner as to indicate an intention that the 
confinement of such person may not be known to any person interested in the person so confined, 
or to any public servant, or that the place of such confinement may n ot be known to or discovered 
by any such person of public servant as hereinbefore mentioned, shall be punished with 
imprisonment of either description for a term which may extend to two years in addition to any 
other punishment to which he may be liable fo r such wrongful confinement.

other punishment to which he may be liable fo r such wrongful confinement.  
  
347.  Wrongful confinement to extort property or constrain to illegal act:  
Whoever wrongfully confines any person for the purpose of extorting from the person confined, or

from any person interested in the person confined, any property or valuable security or of 
constraining the person confined or any person interested in such pe rson to do anything illegal or 
to give any information which may facilitate the commission of an offence, shall be punished with 
  
348.  Wrongful confinement to extort confession or compel restoration of property:  
Whoever wrongfully confines any person for the purpose of extorting from the person confined or 
any person interested in the person confined any confession or any information wh ich may lead to 
the detection of an offence or misconduct, or for the purpose of constraining the person confined 
or any person interested in the person confined to restore or to cause the restoration of any 
property or valuable security or to satisfy any claim or demand, or to give information which may

property or valuable security or to satisfy any claim or demand, or to give information which may 
lead to the restoration of any property or valuable security, shall be punished with imprisonment of 
either description for a term which may extend to three years and shall also be liable to fine.  
  
Of Criminal Force and Assault  
349.  Force:  
A person is said to use force to another if he causes motion, change of motion, or cessation of 
motion to that other or if he causes to any substance such motion, or change of motion, or 
cessation of motion as brings that substance into contact with any pa rt of that other's body, or with 
anything which that other is wearing or carrying, or with anything so situated that such contact 
affects that other's sense of feeling: provided that the person causing the motion, or change of

affects that other's sense of feeling: provided that the person causing the motion, or change of 
motion, or cessation of motio n, causes that motion, change of motion, or cessation of motion in 
one of the three ways hereinafter described:  
First:  By his own bodily power.  
Secondly:  By disposing any substance in such a manner that the motion or change or cessation of 
motion takes place without any further act on his part, or on the part of any other 
person.  
Thirdly:  By inducing any animal to move, to change its motion, or to ceas e to move.  
 
350.  Criminal force:

Whoever intentionally uses force to any person, without that person's consent, in order to the 
committing of any offence, or intending by the use of such force to cause or knowing it to be likely 
that by the use of such force he wilt cause injury, fear or annoyance to the person to whom the 
force is used, is said to use criminal force to that other.   
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes 
the boat to drift down the stream. He re A intentionally causes motion to Z, and he does this by 
disposing substances in such a manner that the motion is produced without any other action 
on any person's part. A has, therefore, intentionally used force to Z; and if he has done so 
without Z's c onsent, in order to the committing of any offence or intending or knowing it to be 
likely that this use of force will cause injury, for or annoyance to Z, A has used criminal force to 
Z.

Z. 
  
(b) Z is riding in a chariot, A lashes Z's horses, and thereby cause them to quicken their pace. Here 
A has caused change of motion to Z by inducing the animals to change their motion. A has, 
therefore, used force to Z. and if ,A has done this without Z's cons ent, intending or knowing it 
to be likely that he may thereby injure, frighten or annoy Z. A has used criminal force to Z.  
  
(c) Z is riding in a palanquin. A, intending to rob Z. seizes the pole and stops the palanquin. Here A 
has caused cessatio n of motion to Z, and he has done this by his own bodily power. A has, 
therefore, used force to Z and as A has acted thus intentionally without Z's consent in order to 
the commission of an offence A has used criminal force to Z.  
  
(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his

(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his 
own person so as to bring it into contact with Z. He has therefore, intentionally used force to Z; 
and if he has done so without Z's consent, intending or knowing it to be likely that he may 
thereby injure, frighten or annoy Z. he has used criminal force to Z.  
  
(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into 
contact with Z. or with Z's clothes, or with so mething carried by Z or that it will strike water, 
and dash up the water against Z's clothes, or something carried by Z. Here, if the throwing of 
the stone produce the effect of causing any substance to come into contact with Z. or, Z's 
clothes. A has used  force to Z; and if he did so without Z's consent intending thereby to injure,

frighten or annoy Z, he has used criminal force to Z.  
  
(f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her and if he does so 
without her consent intending or knowing it to be likely that he may thereby injure, frighten or 
annoy her he has used criminal force to her.  
  
(g) Z is bathing. A pours into the bath water which he knows to be boiling. .Here A intentionally by 
his own bodily power causes such motion in the boiling water as brings that water into contact 
with Z, or with other water so situated that such contact must a ffect Z's sense of feeling. A has, 
therefore, intentionally used force to Z; and if he has done this without Z's consent intending 
or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z. A has used 
criminal force.  
  
(h) A incites a dog to spring upon Z. without Z's consent. Here, if A intends lo cause injury, fear or 
annoyance to Z, he uses criminal force to Z.  
  
351.  Assault:

351.  Assault:  
Whoever makes any gesture, or any preparation intending or knowing it to be likely that such 
gesture or preparation will -cause any person present to apprehend that he who makes that 
gesture or preparation it about to use .of criminal force to that person, is said to commit an assault.  
Explanation:  Mere words do not amount to an assault, But the words which a person uses may 
give to his gesture or preparation such a meaning as may make those gestures or preparations 
amount to an assault.  
 
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to 
believe that A is about to strike Z, A has committed an assault.

(b) A begins to unloose the muzzle of a forcing dog intending, or knowing it to be  likely that he 
may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed 
an assault upon Z.  
  
(c) A takes up a stick, saying to Z, "I will give you a beating." Here, though the words used by A 
could in no case amount to an assault, and though the mere gesture accompanied by any 
other circumstances might not amount to an assault, the gesture explained b y the words may 
  
352.  Punishment for assault or criminal force otherwise than on grave provocation:  
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden 
provocation given by that, person, shall be punished with imprisonment of either description for a 
term which may extend to three months, or with fine which may extend  to  136[one thousand five 
hundred rupees] 136, or with both.

hundred rupees] 136, or with both.  
Explanation:  Grave and sudden provocation will  not mitigate the punishment for the offence under 
this section, if the provocation is sought or voluntarily provoked by the offender as ah excuse for 
the offence, or if the provocation is given by anything done in obedience to the law or by, a public 
serv ant, in the lawful exercise of the powers such public servant, or if the provocation is given by 
anything done in the lawful exercise of the right of private defence. Whether the provocation was 
grave and sudden enough to mitigate the offence, is a questio n of fact.  
  
353.  Assault or criminal force to deter public servant from discharge of his duty:  
Whoever assaults or uses criminal force to any person being a public servant in the execution of his 
duty as such public servant, or with intent to pre vent or deter that person from discharging his duty

duty as such public servant, or with intent to pre vent or deter that person from discharging his duty 
as such public servant, or in consequence of anything done or attempted to be done by such 
person in the lawful discharge of his duty as such public servant, shall be punished with 
imprisonment of either description for a term which may extend to two years, or with fine or with 
both.  
  
354.  Assault or criminal force to woman with intent to outrage her modesty:  
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be 
likely that he will thereby outrage her modesty, shall be punished with imprisonment of either

description for a term which may extend to two years or with fine,  or with both.  
  
 137[ 
354-
A. Assault or use of criminal force to woman and stripping her of her clothes:  
Whoever assaults or uses criminal force to any woman and strips her of her clothes and in that 
condition, exposes her to the public view, shall be punished with death or with imprisonment for 
life, and shall also be liable to fine.  
  
] 137 
355.  Assault or criminal force with intent to dishonour person, otherwise than on grave provocation:  
Whoever assaults or uses criminal force to any perso n, intending thereby to dishonour that person, 
otherwise than on grave and sudden provocation given by that person, shall be punished with 
both.  
  
356.  Assault or criminal force in attempt to commit theft of property carried by a person:  
Whoever assaults or uses criminal force to any person in attempting to commit theft on any

both.  
  
Whoever assaults or uses criminal force to any person in attempting to commit theft on any 
property which that person is then wearing or carrying shall be punished with imprisonment of 
  
357.  Assault or criminal force in attempting wrongfully to confine person:  
Whoever assaults or uses criminal force to any person, in at tempting wrongfully to confine that 
person, shall be punished with imprisonment of either description for a term which may extend to 
one year or with fine which may extend to   138[three thousand rupees] 138, or with both.  
  
358.  Assault or criminal force on grave provocation:  
Whoever assaults or uses criminal force to any person on grave and sudden provocation given by 
that person, shall be punished with simple imprisonment for a term which may extend to one

that person, shall be punished with simple imprisonment for a term which may extend to one 
month or with fine which may extend to   139[six hundred rupees] 139, or with both.  
Explanation:  The last section is subject to the same explanation as Section 352.

Of Kidnapping, Abduction, Slavery and Forced Labour  
359.  Kidnapping:  
Kidnapping is of two kinds: Kidnapping from Pakistan and kidnapping from lawful guardianship.  
  
360.  Kidnapping from Pakistan, etc.:  
Whoever conveys any person beyond the limits of Pakistan without the consent of that person, or 
of some person legally authorised to consent on behalf of that person is said to kidnap that person 
from Pakistan.  
  
361.  Kidnapping from lawful guardi anship:  
Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years 
of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of 
such minor or person of unsound mind, without the conse nt of such guardian, said to kidnap such 
minor or person from lawful guardianship.  
Explanation:  The words "lawful guardian" in this section include any person lawfully entrusted 
with the care or custody of such minor or other person.

with the care or custody of such minor or other person.  
Exception : This sectio n does not extend to the act of any person who in good faith believes himself 
to be the father of an illegitimate child or who in good faith believes himself to be entitled to the 
lawful custody of such child, unless such act is committed for an immoral or  unlawful purpose.  
  
362.  Abduction:  
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is 
said to abduct that person.  
  
363.  Punishment for kidnapping:  
Whoever kidnaps any person from Pakistan or from lawful guardianship, shall be punished with 

364.  Kidnapping or abducting in order to murder:  
Whoever kidnaps or abducts any person in order that such person may be murdered or may be so 
disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life 
or rigorous imprison ment for a term which may extend to ten years and shall also be liable to fine.   
(a) A kidnaps Z from Pakistan, intending or knowing it to be likely that Z may be sacrificed to an 
idol. A has committed the offence defined in this section.  
  
(b) A forcibly carries or entices 5 away from his home in order that B may be murdered. A has 
  
364-
A. Kidnapping or abducting a person under the   140[age of fourteen] 140: 
Whoever kidnaps or abducts any person unde r the   141[age of fourteen] 141 in order that such 
person may be mur dered or subjected to grievous hurt, or slavery, or to the lust of any person or

person may be mur dered or subjected to grievous hurt, or slavery, or to the lust of any person or 
may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or 
slavery, or to the lust of any person shall be punished with death or with imp risonment for life or 
with rigorous imprisonment for a term which may extend to fourteen years and shall not be less 
than seven years.  
  
365.  Kidnapping or abducting with intent secretly and wrongfully to confine person:  
Whoever kidnaps or abducts  any person with intent to cause that person to be secretly and 
wrongfully confined, shall be punished with imprisonment of either description for a term which 
  
 142[ 
365-
A. Kidnapping or abducting for extorting property, valuable security, etc.:

 142[ 
365-
A. Kidnapping or abducting for extorting property, valuable security, etc.:  
Whoever kidnaps or abducts any person for the purpose of extorting from the person kidnapped 
or abducted, or from any person interested in the person kidnapped or abducted any property, 
whether movable or immovable, or valuable security, or to compel any p erson to comply with any

other demand, whether in cash or otherwise, for obtaining release of the person kidnapped or 
abducted, shall be punished with death or imprisonment for life and shall also be liable to 
forfeiture of property.  
  
] 142 
 143[ 
365B.  Kidnapping, abducting or inducing woman to comp el for marriage etc. - 
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to 
be likely that she will be compelled, to marry any person against her will, or in order that she may 
be forced, or seduced to illicit interco urse, or knowing it to be likely that she will be forced or 
seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also he liable 
to fine; and whoever by means of criminal intimidation as defined in this Code, or of abuse o f 
authority or any other method of compulsion, induces any woman to go from any place with 
intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit

intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit 
intercourse with another person shall also be punishable as afore said.  
  
] 143 
 144[] 144 
 145[ 
366-
A. Procuration of minor girl:  
Whoever by any mean s whatsoever, induces any minor girl under the age of eighteen years to go 
from any place or to do any act with intent that such girl may be, or knowing that it is likely that 
she will be, forced or seduced to illicit intercourse with another person shall be punishable with 
imprisonment which may extend to ten years and shall also be liable to fine.  
  
] 145 
 146[ 
366-
B. Importation of girl from foreign country:  
Whoever imports into Pakistan from any country outside Pakistan any girl under the age of 
twenty -one years with intent that she may be, or knowing it to be likely that she will be, forced or

twenty -one years with intent that she may be, or knowing it to be likely that she will be, forced or 
seduced to illicit intercourse with another person, shall be puni shable with imprisonment which 
may extend to ten years and shall also be liable to fine.

] 146 
367.  Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.:  
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so 
disposed of as to be put in danger of being subjected to grievous hurt, or sl avery or knowing it to 
be likely that such person will be so subjected or disposed of shall be punished with imprisonment 
of either description for a term which may extend to ten years, and shall also be liable to fine.  
  
 147[ 
367-
A. Kidnapping or abducting in order to subject person to unnatural lust:  
Whoever kidnaps, or abducts any person in order that such person may be sub jected, or may be so 
disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or 
knowing it to be likely that such person will be so subjected or disposed of, shall be punished with 
death or rigorous imprisonment for a te rm which may extend to twenty -five years, and shall also 
  
] 147

] 147 
368.  Wrongfully concealing or keeping in confinement, kidnapped or abducted person:  
Whoever knowing that any person has been kidnapped or has been abducted wrongfully conceals 
or confines such person shall be punished in the same manner as if he had kidnapped o r abducted 
Such person with the same intention or knowledge, or for the same purposes as that with or for 
which he conceals or detains such person in confinement.  
  
369.  Kidnapping or abducting child under ten years with intent to steal from its person:  
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking 
dishonestly any movable property from the person of such child, shall be punish ed with 
  
370.  Buying or disposing of any person as a slave:

370.  Buying or disposing of any person as a slave:  
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts,

receives or detains against his will any person as a slave, shall be punished with imprisonment of 
either description for a term which may extend to seven years, and s hall also be liable to fine.  
  
371.  Habitual dealing in slaves:  
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be 
punished with imprisonment for life, or with imprisonment of either description for a t erm not 
exceeding ten years, shall also be liable to fine.  
  
 148[ 
"371A.  Selling person for purposes of prostitution, etc.  
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person 
shall at any time be employed or used for the purpose of prostitution or illicit intercourse with 
any person or for any unlawful and immoral purpose, or knowing  it to be likely that such person 
shall at any time be employed or used for any such, purpose, shall be punished with 
imprisonment which may extend to twenty -five years, and shall also be liable to fine.

imprisonment which may extend to twenty -five years, and shall also be liable to fine.  
Explanations: - (a) When a female is sold, let for hi re, or otherwise disposed of to a prostitute or 
to any person who keeps or manages a brothel, the person so disposing of such female shall, 
until the contrary is proved, be presumed to have disposed of her with the intent that she shall 
be used for the pur pose of prostitution.  
(b) For the purposes of this section and section 371B, "illicit intercourse" means sexual 
intercourse between persons not united by marriage.  
  
371B.  Buying person for purposes of prostitution, etc  
Whoever buys, hires or othe rwise obtains possession of any person with intent that such person 
any person or for any unlawful and immoral purpose, or knowing it to be likely that such p erson

any person or for any unlawful and immoral purpose, or knowing it to be likely that such p erson 
will at any time be employed or used for any such purpose, shall be punished with imprisonment 
which may extend to twenty -five years, and shall also be liable to fine.  
Explanation:  Any prostitute or any person keeping or managing a brothel, who buys,  hires or 
otherwise obtains possession of a female shall, until the contrary is proved, be presumed to have 
obtained possession of such female with the intent that she shall be used for the purpose of 
prostitution.".

] 148 
 149[] 149 
374.  Unlawful compulsory labour:  
(1) Whoever unlawfully compels any person to labour against the will of that person, shall be 
punished with imprisonment of either description for a term which may extend to   150[five 
years] 150 or with fine, or with both.  
  
(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of 
Pakistan shall be punished with imprisonment of either description for a term which may 
extend to one year.  
  
Explanation:  In this section the expression "prisoner of war" and "protected person" shall have the 
same meanings as have been assigned to them respectively by Article 4 of the Geneva Convention 
Relative to the Treatment of Prisoners of War of August 12, 1949, and Arti cle 4 of the Geneva 
Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, ratified 
by Pakistan on the second June, 1951.  
  
Of Rape  
 151[] 151 
 152[ 
375.  Rape: -

Of Rape  
 151[] 151 
 152[ 
375.  Rape: - 
A man is said to commit rape who has sexual intercourse with a woman under circumstances falling 
under any of the five following descriptions,  
(i) against her will.  
  
(ii) without her consent

(iii) with her consent, when the consent has been obtained by putting her in fear of death or of 
hurt,  
  
(iv) with her consent, when the man knows that he is not married to her and that the consent is 
given because she believes that the man is another person to whom she is or believes herself 
to be married; or  
  
(v) With or without her consent when she is  under sixteen years of age.  
  
Explanation:  Penetration is sufficient to constitute the sexual intercourse necessary to the offence 
of rape.  
  
376.  Punishment for rape  
(1) Whoever commits rape shall be punished with death or imprisonment of either description for 
a term which shall not be less than ten rears or more, than twenty -five years and shall also be 
  
(2) When rape is committed by two or more  persons in furtherance of common intention of all, 
each of such persons shall be punished with death or imprisonment for life.".  
  
] 152 
377.  Unnatural offences:

] 152 
377.  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 imprisonment of either description for 
a term which shall not be less th an two years nor more than ten years, and shall also be liable to

fine.  
Explanation:  Penetration is sufficient to constitute the carnal intercourse necessary to the offence 
described in this section.  
  
CHAPTER XVII  
OF OFFENCES AGAINST PROPERTY  
 
Of Theft  
378.  Theft:  
Whoever, intending to take dishonestly any movable property out of the possession of any person 
without that person's consent, moves that property in order to such taking, is said to commit theft.  
Explanation 1: A thing so long as it is attached to the ear th, not being movable property, is not the 
subject of theft; but it becomes capable of being the subject of theft as soon as it is served from the 
earth.  
Explanation 2: A moving effected by the same act which effects the severance may be a theft.  
Explanati on 3: A person is said to cause a thing to move by removing an obstacle, which prevented 
it from moving, or by separating it from any other thing, as well as by actually moving it.  
Explanation 4: A person, who by any means causes an animal to move, is said  to move that animal,

Explanation 4: A person, who by any means causes an animal to move, is said  to move that animal, 
and to move everything which, in consequence of the motion so caused, is moved by that animal.  
Explanation 5: The consent mentioned in the definition may be express or implied, and may be 
given either by the person in possession, or b y any person having for that purpose authority either 
express or implied.  
 
(a) A cuts down a tree on Z's ground with the intention of dishonestly taking the tree out of Z's 
possession without Z's consent. Here, as soon as A has severed the tree in order to such 
taking, the has committed theft.

(b) A puts a bait for dogs in his pockets, and thus induces Z's dog to follow it. Here if A's intention 
be dishonestly to take the dog out of Z's possession without Z's consent A has committed 
theft as soon as Z's dog has begun to follow A.  
  
(c) A me ets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in 
order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has 
committed theft of the treasure.  
  
(d) A being Z's servant and entrusted by Z with the care of Z's plate, dishonestly runs away with 
the plate, without Z's consent. A has committed theft.  
  
(e) Z, going on a journey, entrusts his plate to A the keeper of a warehouse, till Z shall retur n. A 
carries the plate to a goldsmith and sells it. Here the plate was not in 2's possession. It could 
not, therefore, be taken out of Z's possession, and A has not committed theft though he may 
have committed criminal breach of trust.

have committed criminal breach of trust.  
  
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring in Z's 
possession, and if A dishonestly removes it. A commits theft.  
  
(g) A finds a ring lying on the high -road, not in the possession of any person. A. by taki ng it, 
commits no theft, though he may commit criminal misappropriation of property,  
  
(h) A sees a ring belonging to Z lying on a table in Z's house. Not venturing to misappropriate the 
ring immediately for fear of search and detection A hides the ring in a place where it is highly 
improbable that it will ever be found by Z. with the intention of taking the ring from the hiding 
place and soiling it when the toss is forgotten Here A. at the time of first moving the ring, 
commits the theft.  
  
(i) A delivers his watch to Z, a jeweller to be regulated. Z carries it to his shop. A, not owing  to the

jeweller, any debt for which the jewellers might lawfully detain the watch as a security, enters 
the shop openly, takes his watch by force out of Y's hand, and carries it away. Here A, though 
he may have committed criminal trespass and assault, has  not committed theft, inasmuch as 
what he did was not done dishonestly.  
  
(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security 
for the debt, and A takes the watch out of Z's possession, with the intention of depriving Z of 
the property as security for his debt. he commits theft, inasmuc h as he takes it dishonestly.  
  
(k) Again, if A. having pawned his. watch to Z, takes it of Z's possession without Z's consent not 
having paid what he borrowed on the watch, he commits theft, though the watch is his own 
property inasmuch as he tak es it dishonestly.  
  
(l) A takes an article belonging to Z out of Z's possession without Z's consent, with the intention

(l) A takes an article belonging to Z out of Z's possession without Z's consent, with the intention 
of keeping it until he obtains money from Z as a reward for its restoration Here A takes 
dishonestly: A has. therefore, committed theft.  
  
(m) A being on friendly terms with Z, goes to Z's library in Z's absence, and takes away a book 
without Z's express consent for the purpose merely of reading it. and with the intention of 
returning it. Here, it is probable that A may have conceived that he had Z's imp lied consent to 
use Z's book. If this was A's impression, A has not committed theft.  
  
(n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to belong to 
her husband. Here it is probable that A may conceive that Z's wife is authorised to give away 
alms. If this was A's impression. A has not committed theft.  
  
(o) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong to her

(o) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong to her 
husband Z, and to be such property as she has no authority from Z to give. If A takes the 
property dishonestly, he commits theft.

(p) A, in good faith believing property belonging to Z to be A's own property, takes that property 
out of S's possession. Here, as A does not take dishonestly, he does not commit theft.  
  
379.  Punishment for theft:  
Whoever commits theft shall be punished with imprisonment of either description for a term which 
  
380.  Theft in dwelling house, etc.:  
Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a 
human dwelling, or used for the custody of property shall be punished with imprisonment of either 
description for a term which may extend to seven years, and  shall also be liable to fine.  
  
381.  Theft by clerk or servant or property in possession of master:  
Whoever being a clerk or servant, or being employed in the capacity of a clerk or servant, commits 
theft in respect of any property in the possess ion of his master or -employer, shall be punished with

theft in respect of any property in the possess ion of his master or -employer, shall be punished with 
  
 153[ 
381-
A. Theft of a car or other motor vehicles:  
Whoever commits theft of a car or any other motor vehicle, including motor -cycle, scooter and 
Tractor shall be punished with imprisonment of either description for a term which may extend to 
seven years and with fine not exceeding the value of the stolen c ar or motor vehicle.  
 154[Explanation:  Theft of an electric motor of a tube -well or transformer shall be within the 
meaning of this section.] 154 
  
] 153

382.  Theft after preparation made for causing death, hurt or restraint in order to the committing of 
the theft:  
Whoever, commits theft, having made preparation for causing death, or hurt, or restraint, or fear 
of death, or of hurt, or of restraint, to any perso n, in order to the committing of such theft, or in 
order to the effecting of his escape after the committing of such theft, or in order to the retaining 
of property' taken by such theft, shall be punished with rigorous imprisonment for a term, which 
may ex tend to ten years, and shall also be liable to fine.   
(a) A commits theft on property in Z's possession, and, while committing this theft, he has a 
loaded pistol under his garment having provided this pistol for the purpose of hurting Z in case 
Z should resist. A has committed the offence defined in this section.  
  
(b) A picks Z's pocket, having posted several of his companions near him, in order that they may

(b) A picks Z's pocket, having posted several of his companions near him, in order that they may 
restrain Z. if Z should perceive what is passing and should resist, or should attempt to 
apprehend A. A has committed the offence defined in this s ection.  
  
Of Extortion  
383.  Extortion:  
Whoever intentionally puts any person in fear of any injury to that person, or to any other, and 
thereby dishonestly induces the person so put in fear to deliver to any person any property or 
valuable security or anything signed or sealed which may be conv erted into a valuable security, 
commits "extortion".   
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus 
induces Z to give him money. A has committed extortion.  
  
(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver

(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver 
to A a promissory -note binding Z, to pay certain money to A. Z signs and delivers the note. A

has committed extortion.  
  
(c) A threatens to send club -men to plough up Z's field unless A will sign and deliver to 6 a bond 
binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and 
deliver the bond. A has committed extortion.  
  
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank 
paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may 
be converted into a valuable security, A has committed ext ortion.  
  
384.  Punishment for extortion:  
Whoever, commits extortion shall be punished with imprisonment of either description for a term 
  
385.  Putting person in fear of injury in order to commit extortion:  
Whoever, in order to the committing of extortion, puts any, person in fear, or attempts to put any

Whoever, in order to the committing of extortion, puts any, person in fear, or attempts to put any 
person in fear, of any injury, shall be punished with imprisonment of either description for a  term 
  
386.  Extortion by putting a person in fear of death or grievous hurt:  
Whoever commits extortion by putting any person in fear of death or of grievous hurt to that 
person to any other, shall be punished with imprisonment of either description for a term which 
may extend to ten years and shall also be liable to fine.  
  
387.  Putting person in fear of death or of grievous hurt, in order to commit extortion:  
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of 
death or of grievous hurt to that person or to any Other, shall be pun ished with imprisonment of

death or of grievous hurt to that person or to any Other, shall be pun ished with imprisonment of 
either description for a term which may extend to seven years, and shall also be liable to fine.

388.  Extortion by threat of accusation of an offence punishable with death or imprisonment for life, 
etc.:  
Whoever commits extortion by putting any person in fear of an accusation against that person or 
any other, of having committed or attempted to commit any offence punishable with death, or 
with imprisonment for life, with imprisonment for a term which may e xtend to ten years, or of 
having attempted to induce any other person to commit such offence, shall be punished with 
imprisonment of either description for a term which may extend to ten years, and shall also be 
liable to fine; and, if the offence be one p unishable under Sec. 377 of this Code, may be punished 
  
389.  Putting person in fear of accusation of offence, in order to commit extortion:  
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an 
accusation, against that person or any other, of having committed, or attempted to commit,

accusation, against that person or any other, of having committed, or attempted to commit, 
commit an offence punishable with death or with imprisonment for life, or imprisonment for a 
term which may extend to ten years, shall be punish ed with imprisonment of either description for 
a term which may extend to ten years, and shall also be liable to fine, and, if the offence be one 
punishable under Sec. 377 of this Code, may be punished with imprisonment for life.  
  
Of Robbery and Dacoity  
390.  Robbery:  
In all robbery there is either theft or extortion.  
 When theft 
is robbery:  Theft is "robbery" if, in order to the committing of the theft, or in committing the 
theft, or in carrying away or attempting to carry away property obtained by the 
theft, the offence, for that end, voluntarily causes or attempts to cause to any

theft, the offence, for that end, voluntarily causes or attempts to cause to any 
person dea th or hurt, or wrongful restraint, or fear of instant death or of instant 
hurt or of instant wrongful restraint.  
  
 When 
extortion is 
robbery:  Extortion is "robbery" if the offender, at the time of committing the extortion, is in 
the presence of the person put in fear, and commits the extortion by putting that 
person in fear of instant death, of instant hurt, or of instant wrongful restraint to 
that person, or to some other person, and by so putting in fear, induces the person

so put in fear then and there to deliver up the thing extorted.  
Explanation:  The offender is said to be present if he is sufficiently near to put the 
other person in fear of  instant death, of instant hurt, or of instant wrongful 
restraint.  
  
(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's 
consent. Here A has committed theft, and in order to the committing of that theft, has 
voluntarily caused wrongful restraint to Z. A has therefore committed robbery.  
  
(b) A meets Z on the high road, shows a pistol, and demands Z's purse. 2, in consequence, 
surrender his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt 
and being at the time of committing the extortion in his p resence." A has therefore committed 
robbery.  
  
(c) A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a

robbery.  
  
(c) A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a 
precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted 
the purse from Z, by causing Z to be in fear of instant hurt to  the child who is there present. A 
has, therefore, committed robbery on Z.  
  
(d) A obtains property from Z by saying Your child is in the hands of my gang, and will be put to 
death unless you send us ten thousand rupees". This is extortion, punish able as such; but it is 
not robbery, unless Z is put in fear of the instant death of his child.  
  
391.  Dacoity:  
When five or more persons conjointly commit or attempt to commit a robbery, or where the whole 
number of persons conjointly committing or attempting to commit a robbery and persons present 
and aiding such commission or attempt, amount to five or more, ever y person so committing,

attempting or aiding is said to commit "dacoity".  
  
392.  Punishment for robbery:  
Whoever commits robbery shall be punished with rigorous imprisonment for a term which   155[shall 
not be less than three years nor more than] 155 ten years, and shall also be liable to fine; and, if the 
robbery be committed on the highway   156[] 156 the imprisonment may be exten ded to fourteen 
years.  
  
393.  Attempt to commit robbery:  
Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term, 
which may extend to seven years, and shall be liable to fine.  
  
394.  Voluntarily causing hurt in committing robbery:  
If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such 
person, and any other person jointly concerned in committing or attempting to commit such 
robbery, shall be punis hed with imprisonment for life, or with rigorous imprisonment for a

robbery, shall be punis hed with imprisonment for life, or with rigorous imprisonment for a 
term   157[which shall not be less than four years nor more than] 157 ten years, and shall also be liable 
to fine.  
  
395.  Punishment for dacoity:  
Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous 
imprisonment for a term which shall not be less than four years nor more than ten years and shall 
  
396.  Dacoity with murder:  
If any one  of five or more persons, who are conjointly committing dacoity, commits murder in so 
committing dacoity, everyone of those persons shall be punished with death, or imprisonment for 
life, or rigorous imprisonment for a term which   158[shall not be less than four years nor more 
than] 158 ten years, and shall also be liable to fine.  
  
397.  Robbery or dacoity, with attempt to cause death or grievous hurt:

If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes 
grievous hurt to any person or attempts to cause death or grievous hurt to any person the 
imprisonment with which such offender shall be punished shall not be less than seven years.  
  
398.  Attempt to commit robbery or dacoity when armed with deadly weapon:   
If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly 
weapon, the imprisonment with which such offender shall be punished shall not be less than seven 
years.  
  
399.  Making preparation to commit dacoity:  
Whoever makes any preparation for committing dacoity, shall be punished with rigorous 
imprisonment for a term which may extend to ten years, and shall also be liable to fine.  
  
400.  Punishment for belonging to gang of dacoits:  
Whoever, at any time  after the passing of this Act, shall belong to a gang of persons associated for

Whoever, at any time  after the passing of this Act, shall belong to a gang of persons associated for 
the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with 
rigorous imprisonment for a term which may extend to ten years, and shall a lso be liable to fine.  
  
401.  Punishment for belonging to gang of thieves:  
Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of 
persons associated for the purpose of habitually committing theft or robbery, and not being of 
thugs or dacoits, shall be punished with rigorous imprisonment  for a term which may extend to 
seven years, and shall also be liable to fine.  
  
402.  Assembling for purpose of committing dacoity:  
Whoever, at any time after the passing of this Act shall be one of five or more persons assembled 
for the purpose o f committing dacoity, shall be punished with rigorous imprisonment for a term

for the purpose o f committing dacoity, shall be punished with rigorous imprisonment for a term 
  
 159[ 
Of Hijacking

402-
A. Hijacking:  
Whoever unlawful, by the use or show of force or by threats of any kind, seizes, or exercised 
control of, an aircraft is said to commit hijacking.  
  
402-
B. Punishment for Hijacking:  
Whoever commits, or conspires or attempts' to commit, or abets th e commission of, hijacking shall 
be punished with death or imprisonment for life, and shall also be liable to forfeiture of property 
and fine.  
  
402-
C. Punishment for harbouring hijacking, etc.:  
Whoever knowingly harbours any person whom he knows or has reason to be a person who is 
about to commit or has committed or abetted an offence of hijacking, or knowingly permits any 
such persons to meet or assemble in any place or premises in his possessio n or under his control, 
shall be punished with death or imprisonment for life, and shall also be liable to fine.  
  
] 159 
Of Criminal Misappropriation of Property  
403.  Dishonest misappropriation of property:

] 159 
403.  Dishonest misappropriation of property:  
Whoever dishonestly misappropriates or converts to his own use any ' movable property, shall be 
with fine, or with both.   
(a) A takes property  belonging to Z out of Z's possession in good faith, believing, at the time when 
he takes it, that the property belongs to himself, A is not guilty of theft; but if A, after 
discovering his mistakes, dishonestly appropriates the property to his own use, he  is guilty of 
an offence under this section.  
  
(b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book 
without Z's express consent - Mere, if A was under the impression that he had Z's implied

without Z's express consent - Mere, if A was under the impression that he had Z's implied 
consent to take the book for the purpose of reading it, A has not commit ted theft But, if A 
afterwards sells the book for his own benefit, he is guilty of an offence under this section.

(c) A and B, being joint owners of a horse. A takes the horse out of B's possession, Intending to 
use it. Here as A has a right to use the horse he does not dishonestly misappropriate it. But, if 
A sells the horse and appropriates the whole proceeds to his own  use, he is guilty of an offence 
under this section.  
  
Explanation 1 : A dishonest misappropriation for a time only is a misappropriation within the 
meaning of this section.   
A finds a Government promissory -note belonging to Z, bearing a blank endorsement. A knowing 
that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future 
time to restore it to Z. A has committed an offence under this section.  
Explanation 2 : A person who finds property not in the possession of any other person, and takes 
such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or

such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or 
misappropriate it dishonestly, and is not guilt y of an offence; but he is guilty of the offence above 
defined, if he appropriates it to his own use, when he knows or has the means of discovering the 
owner, or before he has used reasonable means to discover and give notice to the owner and has 
kept the property a reasonable time to enable the owner to claim it.  
What are reasonable means or what is a reasonable time in such a case, is a question of fact.  
It is not necessary that the finder should know who is the owner of the property, or that any 
particul ar person is the owner of it, is sufficient if, at the time of appropriating it, he does not 
believe it to be his own property, or in good faith believes that the real owner cannot be found.  
 
(a) A finds a rupee on the high -road, not knowing to whom the rupee belongs. A picks up the

(a) A finds a rupee on the high -road, not knowing to whom the rupee belongs. A picks up the 
rupee. Here A has not committed the offence defined in this section.  
  
(b) A finds a letter on the road, containing a bank note. From the direction and content s of the 
letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence 
under this section.

(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost 
the cheque. But the name of the person, who has drawn the cheque, appear, A knows that this 
person can direct him to the person on whose favour the cheque was drawn . A appropriates 
the cheque without attempting to discover the owner. He is guilty of an offence under this 
section.  
  
(d) A sees Z drop his purse with money In it, A picks up the purse with the intention of restoring it 
to Z, but afterwards appro priates It to his own use, A has committed an offence under this 
section.  
  
404.  Dishonest misappropriation of property possessed by deceased person at the time of his death:  
Whoever dishonestly misappropriates or converts to his own use properly, knowing that such 
property was in the possession of a deceased person at the time of that person decease, and has 
not since been in the possession of any persons legally entitled to s uch possession, shad be

not since been in the possession of any persons legally entitled to s uch possession, shad be 
punished with imprisonment of either description for a term which may extend to three years and 
shall also be liable to fine; and if the offender at the time of such person's decease was employed 
by him as a clerk or servant, the im prisonment may extend to seven years.   
Z dies in possession of furniture and money. His servant A, before the money comes into the 
possession of any person entitled to such possession, dishonestly misappropriates it. A has 
committed the offen ce defined in this section.  
  
Of Criminal Breach of Trust  
405.  Criminal breach of trust:  
Whoever, being in any manner entrusted with property, or with any dominion over property, 
dishonestly misappropriates or converts to his own use that property, or dishonestly uses or

dishonestly misappropriates or converts to his own use that property, or dishonestly uses or 
disposes of that property, in violation of any direction of law prescribi ng the mode in which such 
trust is to be discharged, or of any legal contract, express or implied, which he has made touching 
the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach

of trust.   
(a) A, being executor to the wilt of a deceased person, dishonestly disobeys the law which directs 
him to divide the effects according to the will, and appropriates them to his own use. A has 
committed criminal breach of trust.  
  
(b) A is a warehouse -keeper, Z going on a journey entrusts his furniture to A, under a contract that 
it shall be returned on payment of a stipulated sum for warehouse -room. A dishonestly sells 
the goods. A has committed criminal breach of trust.  
  
(c) A, residing in Dacca, is agent for Z, residing at Lahore. There is an express or implied contract 
between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z's 
direction. Z remits a lakh of rupees to A, with directions to A to  invest the same in Company's 
paper. A dishonestly disobeys the directions and employs the money in his own business. A has 
committed criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more 
for Z's advantage, to hold shares in the Bank of Bengal disobeys Z's directions and buys shares 
in the Bank of Bengal for Z, instead of buying Company's p aper, here, though Z should suffer 
loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not 
having acted dishonestly, has not committed criminal breach of trust.  
  
(e) A, a revenue -officer, is entrusted w ith public money and is either directed by law, or bound by 
a contract, express or implied, with the Government, to pay into a certain treasury all the 
public money which he holds. A dishonestly appropriates the money. A has committed criminal 
breach of tr ust. 
  
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly 
misappropriates the property. A has committed criminal breach of trust.

406.  Punishment for criminal breach of trust:  
Whoever, commits criminal breach of trust snail be punished with imprisonment of either 
description for a term which may extend to   160[seven] 160 years, or with fine, or with both.  
  
407.  Criminal breach of trust by carrier, etc.:  
Whoever, being entrusted with property as a carrier, wharfinger or warehouse -Keeper, commits 
criminal breach of trust in respect of such property, shall be punished with imprisonment of either 
  
408.  Criminal breach of trust by clerk or servant:  
Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner 
entrusted in such capacity with property, or with any dominion over property, commits criminal 
breach of trust in re spect of that property, shall be punished with imprisonment of either 
description for a term which may extend to seven years, and shall also be liable to fine.

409.  Criminal breach of trust by public servant, or by banker, merchant or agent:  
Who ever being in any manner entrusted with property, or with any dominion over property in his 
capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, 
attorney or agent, commits criminal breach of trust in respect of that property, shall be punished 
with imprisonment for life or with imprisonment of either description for a term which may extend 
to ten years, and shall also be liable to fine.  
  
Of Receiving of Stolen Property  
410.  Stolen property:  
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and 
property which has been criminally misappropriated or in respect of which criminal breach of trust

property which has been criminally misappropriated or in respect of which criminal breach of trust 
has been committed, is designated as sto len, property, "whether the transfer has been made, or 
the misappropriation or breach of trust has been committed, within or without Pakistan. But, if 
such property subsequently comes into the possession of a person legally entitled to the 
possession there of it then ceases to be stolen property.

411.  Dishonestly receiving stolen property:  
Whoever dishonestly receives or retains, any stolen property, knowing or having reason to believe 
the same to be stolen property, shall be punished with impriso nment of either description for a 
term which may extend to three years, or with fine, or with both.  
  
412.  Dishonestly receiving stolen property in the commission of a dacoity:  
Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or 
has reason to believe to have been transferred by the commission of dacoity, or dishonestly 
receives from person, whom he knows or has reason to believe to belo ng or to have belonged to a 
gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be 
punished with imprisonment for life, or with rigorous imprisonment for a term which may extend 
to ten years, and shall also be liabl e to fine.  
  
413.  Habitually dealing in stolen property:

413.  Habitually dealing in stolen property:  
Whoever habitually receives or deals in property which he knows or has reason to believe to be 
stolen property, shall be punished with imprisonment for life, or with imprisonment of either 
  
414.  Assisting in concealment of stolen property:  
Whoever voluntarily assists in concealing or disposing of or making away with -property which he 
knows or has reason to believe to be stolen property, shall be punished with imprisonment of 
either description for a term which may extend to three years, or w ith fine, or with both.  
  
Of Cheating  
415.  Cheating:  
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to 
deliver any property to any person, or to consent that any person shall retain any property, or 
intentionally induces the person so deceived to do or omit to do  anything which he would not do or 
omit if he were not so deceived, and which act or omission causes or is likely to cause damage or 
harm to that person   161[or a ny other person] 161 in body, mind, reputation or property, is said to

"cheat".  
Explanation:  A dishonest concealment of facts is a deception within the meaning of  this section.  
 
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z and thus dishonestly 
induces Z to let him have on credit goods for which he does not mean to pay, A cheats.  
  
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z, into a belief that this 
article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy 
and pay for the article. A cheats.  
  
(c) A, by exhibitin g to Z a false sample of an article, Intentionally deceives Z into believing that the 
article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the 
article. A cheats.  
  
(d) A, by tendering in payment for an article a bill w a house with which A keeps no money and by 
which A expects that the bill will be dishonoured, intentionally deceives Z and thereby

which A expects that the bill will be dishonoured, intentionally deceives Z and thereby 
dishonestly induces Z to deliver the article, intending not to pay for ft.  A cheats.  
  
(e) A, by pledging as diamonds articles which ft knows are not diamonds, intentionally deceives Z, 
and thereby dishonestly induces Z to lend money, A cheats.  
  
(f) A, intentionally deceives Z, into a belief that A means to repay any money that 2 may lend to 
him and thereby dishonestly induces Z to lend him money; A not intending to repay it. A 
cheats.  
  
(g) A, intentionally deceives Z into a belief that A me ans to deliver to Z a certain quantity of indigo 
plant which he does not intend to deliver, and thereby dishonestly induces Z to advance

money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, 
intends to deliver the i ndigo plant, and afterwards breaks his contract and does not deliver it, 
he does not cheat, but is liable only to a civil action for breach of contract.  
  
(h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, 
which he has not performed and thereby dishonestly induces Z to pay money. A cheats.  
  
(f} A sells and conveys an estate to S. A, knowing that in con sequence of such sale he has no right 
to the property, sells or mortgages the same to Z. without disclosing the fact of the previous 
sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.  
  
416.  Cheating by personation:  
A person is said to "cheat by personation" if he cheats by pretending to be some other person, or 
by knowingly substituting one person for another, or representing that he or any other person is a

by knowingly substituting one person for another, or representing that he or any other person is a 
person other than he  or such other person really is.  
Explanation:  The offence is committed whether the individual personated is a real or imaginary 
person.  
 
(a) A cheats by pretending to be a certain rich banker of the same name, A cheats by personation.  
  
(b) A cheats by pretending to be 8, a person who is deceased. A cheats by personation.  
  
417.  Punishment for cheating:  
Whoever cheats shall be punished with imprisonment of either description for a term, which may

extend to one year, or with fine, or with both.  
  
418.  Cheating with knowledge that wrongful loss may ensue to person whose interest offender is 
bound t o protect:  
Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person 
whose interest in the transaction to which the cheating relates, he was bound either by law, or by 
legal contract, to protect shall be punished with i mprisonment of either description for a term 
  
419.  Punishment for cheating by personation:  
Whoever cheats by personation shall be punished with imprisonment of either description for a 
term which may extend to seven years, or with fine, or with both.  
  
420.  Cheating and dishonestly Inducing delivery of property:  
Whoever cheats and there by dishonestly induces the person deceived to deliver any property to 
any person, or to make, alter or destroy the whole or any part of a valuable security, or anything

any person, or to make, alter or destroy the whole or any part of a valuable security, or anything 
which is signed or sealed, and which is capable of being converted into a valuable secu rity, shall be 
punished with imprisonment, of either description for a term which may extend to seven years, 
  
Of Fraudulent Deeds and Dispossession of Property  
421.  Dishonest or fraudulent removal or concealment of property to prevent distribution among 
creditors:  
Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or 
causes to be transferred to any person, without adequate co nsideration, any property, intending 
thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that 
property according to law among his creditors or the creditors of any other .person, shall be

property according to law among his creditors or the creditors of any other .person, shall be 
punished with imprisonm ent of either description for a term which may extend to two years, or 
with fine or with both.

422.  Dishonestly or fraudulently preventing debt being available for creditors:  
Whoever dishonestly or fraudulently prevents any debt or demand due to  himself or to any other 
person from being made available according to law for payment of his debt or the debts of such 
other person shall be punished with imprisonment of either description for a term which may 
extend to two years, or with fine, or with b oth. 
  
423.  Dishonest or fraudulent execution of deed of transfer containing false statement of 
consideration:  
Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument 
which purports to transfer or subject to any charge of any property, or any interest therein, and 
which contains any false statement relating to the considerat ion for such transfer or charge, or 
relating to the person or persons for whose use or benefit it is really intended to operate, shall be 
punished with imprisonment of either description for a term which may extend to two years, or

424.  Dishonest or fraudulent removal or concealment of property:  
Whoever dishonestly or fraudulently conceals or removes any property of himself or any other 
person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly 
releases any demand or claim to which he is entitled, shall be punished with imprisonment of 
  
Of Mischief  
425.  Mischief:  
Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the 
public or to any person, causes the destruction of any property or any such change in any property 
or in the situation thereof as destroys or diminishes it s value or utility, or affects it injuriously,

or in the situation thereof as destroys or diminishes it s value or utility, or affects it injuriously, 
commits "mischief".  
Explanation 1: It is not essential to the offence of mischief that the offender should intend to cause 
loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to 
cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any 
property, whether it belongs to that person or not.  
Explanation 2: Mischief may be committed by an act effecting property belonging to the perso n 
who commits the act, or to that person and others jointly.

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A 
has committed mischief.  
  
(b) A introduces water into an ice -house, belonging to Z and thus causes the ice to melt, intending 
wrongful loss to Z. A has committed mischief.  
  
(c) .A, voluntarily throws into a river a ring belonging to Z with the intention of thereby causing 
  
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due 
from him to Z, destroys those effects, with the intention of thereby preventing Z from 
obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.  
  
(e) A having insured a ship, voluntarily causes the same to be cast away with the intention of 
causing damage to the underwriters. A has committed mischief.  
  
(f) A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent mo ney

(f) A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent mo ney 
on bottom on the ship. A has committed mischief.  
  
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause 
  
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is 
likely to cause damage to Z's crop. A has committed mischief.

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.  
  
427.  Mischief causing damage to the amount of fifty rupees:  
Whoever commit mischief and thereby causes loss or damage to the amount of fifty rupees or 
upwards, shall be punished with imprisonment of either description for a term which may extend 
  
428.  Mischief by killing or maiming animal of the value of ten rupees:  
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal of the 
value of ten rupees or upwards, shall be punished with imprisonment of either description for a 
  
429.  Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees:

429.  Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees:  
Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, 
camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other 
animal of the value of fifty rupees or upwards, shall be punished with  imprisonment of either 
description for a term which may extend to five years, or with both.  
  
430.  Mischief by injury to works of irrigation or by wrongfully diverting water:  
Whoever commits mischief by doing any act which causes, or which he kno ws to be likely to cause, 
a diminution of the supply of water for agricultural purposes, or for food or drink for human beings 
or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be 
punished with imprisonment of either description for a term which may extend to five years, or

punished with imprisonment of either description for a term which may extend to five years, or 
  
431.  Mischief by injury to public road, bridge, river or channel:  
Whoever commits mischief by doing any act which renders or which he knows to be likely to

render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable 
or less safe for travelling or conveying property, shall be pu nished with imprisonment of either 
description for a term which may extend to five years, or with fine, or with both.  
  
432.  Mischief by causing inundation or obstruction to public drainage attended with damage:  
Whoever commits mischief by doing a ny act which causes or which he knows to be likely to cause 
an inundation or an obstruction to any public drainage attended with injury or damage, shall be 
  
433.  Mischief by destroying, moving or rendering less useful a light -house or seamark:  
Whoever commits mischief by destroying or moving any light -house or other light used as a sea -
mark, or any sea -mark or buoy or other thing placed as a guide for navigators, or by any act which

mark, or any sea -mark or buoy or other thing placed as a guide for navigators, or by any act which 
renders any such light -house, sea -mark, buoy or other such thin g as aforesaid jess useful as a guide 
for navigators, shall be punished with imprisonment of either description for a term which may 
  
434.  Mischief by destroying or moving, etc., a landmark fixed  by public authority:  
Whoever commits mischief by destroying or moving any landmark fixed by the authority of a public 
servant, or by any act which renders such landmark less useful as such, shall be punished with 
imprisonment of either description for a t erm which may extend to one year, or with fine, or with -
both.  
  
435.  Mischief by fire or explosive substance with intent to cause damage to amount of one hundred 
rupees or (in case of agricultural produce) ten rupees:

both.  
  
rupees or (in case of agricultural produce) ten rupees:  
Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to 
be likely that he will thereby cause damage to any property to the amount of one hundred rupees 
or upwards   162[or (where the property is agricultural produce) ten rupees or upwards] 162 shall be 
punished with imprisonment of either description for a term which   163[shall not be less than two 
years nor more than] 163 seven years, and shall also be liable to fine.  
  
436.  Mischief by fire or explosive substance with intent to destroy house, etc.:  
Whoever commits mis chief by fire or any explosive substance, intending to cause, or knowing it to

be likely that he with thereby cause, the destruction of any building which is ordinarily used as a 
place of worship or as a human dwelling or as a place for the custody of prop erty shall be punished 
with imprisonment for life, or with imprisonment of either description for a term which   164[shall 
not be less than three years nor more th an] 164 ten years, and shall also be liable to fine.  
  
437.  Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden:  
Whoever commits mischief, to any decked vessel or any vessel of a burden of twenty tons or 
upwards, intending to destroy or render unsafe, or knowing ft to be likely that he will thereby 
destroy or render unsafe, that vessel, shall be punished with impriso nment of either description for 
a term which may extend to ten years, and shall also be liable to fine.  
  
438.  Punishment for the mischief described in Section 437 committed by fire or explosive substance:

438.  Punishment for the mischief described in Section 437 committed by fire or explosive substance:  
Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is 
described in the last preceding section, shall be punished with imprisonment for life or with 
  
439.  Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc,:  
Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any 
property  contained therein or to' dishonestly misappropriate any such property, or with intent that 
such theft or misappropriation of property may be committed, shall be punished with 
imprisonment of either description for a term which may extend to ten years, and  shall also be 

440.  Mischief committed after preparation made for causing death or hurt:  
Whoever commits mischief, having made preparation for causing to any person death, or hurt, or 
wrongful restraint, or fear of death, or of hurt, or of wrongful restraint shall be punished with 
imprisonment of either description for a term which may extend to five years, and shall also be 
  
Of Criminal Trespass

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".  
  
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 su fficient to 
constitute house trespass.  
  
443.  Lurking house -trespass:  
Whoever commits house -trespass having taken precautions to conceal such house -trespass from

Whoever commits house -trespass having taken precautions to conceal such house -trespass from 
some person who has a right to exclude or eject the trespasser from the building, tent or vessel 
which is the subject of the trespass, is said to commit "lurking ho use-trespass".  
  
444.  Lurking house -trespass by night:  
Whoever commits lurking house -trespass after sunset and before sunrise, is said to commit 'lurking 
house -trespass by night".  
  
445.  House -breaking:  
A person is said to commit "house -breaking" who commits housetrespass if he effects his entrance 
into the house or -any part of it in any of the six ways hereinafter described; or if, being in the 
house or any part of it for the purpose of committing an off ence, or, having committed an offence 
therein, he quits the house or any part of it in any of such six ways, that is to say:

therein, he quits the house or any part of it in any of such six ways, that is to say:  
First:  If he enters or quits through a passage made by himself, or by any abettor of the house -
trespass, in order to the commi tting of the house -trespass.  
Secondly:  If he enters or quits through any passage not intended by any person, other than 
himself or an abettor of the offence, for human entrance; or through any passage to

which he has obtained access by scaling or climbing over any wall or building.  
Thirdly:  If he enters or quits through any passage which he or any abettor of the housetrespass 
has opened, in order to the committing of the house -trespass by any means by which 
that passage was not intended by the occupier of the house to be -opened.  
Fourthl y: If he enters or quits by opening any lock in order to the committing of the house -
trespass, or in order to the quitting of the house after a house -trespass.  
Fifthly:  if he effects his entrance or departure by using criminal force of committing an assault, 
or by threatening any person with assault.  
Sixthly:  If he enters or quits any passage which he knows to have been fastened against such 
entrance or departure, an d to. have been fastened by himself or by an abettor of the 
house -trespass.  
Explanation:  Any out -house or building occupied with a house, and between, which and. such

Explanation:  Any out -house or building occupied with a house, and between, which and. such 
house there is an immediate internal communication, is part of the house within the  meaning of 
this section.  
 
(a) A commits house -trespass by making a hole through the wall of Z's house, and putting his hand 
through the aperture. This is house breaking.  
  
(b) A commits house -trespass by creeping into a ship at a port hole between decks. This is house -
breaking.  
  
(c) A commits house -trespass by entering Z's house through a window. This is house -breaking.  
  
(d) A commits house -trespass by entering Z's house through the door, having opened a door, 
which was fastened. This is house -breaking.

(e) A commits house -trespass by entering Z's house through the door having lifted a latch by 
putting a wire through a hole in the door. This is house -breaking.  
  
(f) A finds the key of Z's house door, which Z had lost, and commits house -trespass by en tering Z's 
house, having opened the door with that key. This is house -breaking.  
  
(g) Z is standing in his doorway. A forces a passage by knowing Z down, and commits house -
trespass by entering the house. This is house -breaking.  
  
(h) Z, the door -keeper of Y is standing in Y's doorway. A commits house -trespass by entering the 
house, having deterred Z from opposing him by threatening to beat him. This is house -
breaking.  
  
446.  House -breaking by night:  
Whoever commits house -breaking after sunset and before sunrise, is said to commit "house -
breaking by night."  
  
447.  Punishment for criminal trespass:  
Whoever commits criminal trespass shall be punished with imprisonment of  either description for a

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   165[one thousand five 
hundred rupees] 165, or with both.  
  
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   166[three thousand 
rupees] 166, or with both.

449.  House -trespass in order to commit offence punishable with death:  
Whoever commits house -trespass in  order to the committing of any offence punishable with death, 
shall be punished with imprisonment for life, or with rigorous imprisonment for a term not 
exceeding ten years, and shall also be liable to fine.  
  
450.  House -trespass In order to commit offence punishable with imprisonment for life:  
Whoever commits house -trespass in order to the committing of any offence punishable with 
imprisonment for life, shall be punished with imprisonment of either description for a  term not 
  
451.  House -trespass in order to commit offence punishable with imprisonment:  
Whoever commits house trespass in order to the committing of any offence punishable with 
imprisonment, shall be punished with imprisonment of either description for a term which may

imprisonment, shall be punished with imprisonment of either description for a term which may 
extend to two years, and shall also be liable to fine; and if the offence intended to be committed is 
theft, the term of the imprisonment may be extended to seven years.  
  
452.  House -trespass after preparation for hurt, assault or wrongful restraint:  
Whoever commits house -trespass having made preparation for causing hurt to any person or for 
assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of 
hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either 
  
453.  Punishment for lurking house -trespa ss or house -breaking:  
Whoever commits lurking house -trespass or house -breaking, shall be punished with imprisonment

Whoever commits lurking house -trespass or house -breaking, shall be punished with imprisonment 
of either description for a term which may extend to two years, and shall also be liable to fine.  
  
454.  Lurking house -trespass or house -breaking in order to commit offence punishable with 
imprisonment:  
Whoever commits lurking house -trespass or housebreaking, in order to the committing of any 
offence punishable with imprisonment, shall be punished with impris onment of either description 
for a term which may extend to three years, and shall also be liable to fine, and if the offence 
intended to be committed is theft, the term of the imprisonment may be extended to ten years.

455.  Lurking house -trespa ss or house -breaking after preparation for hurt, assault or wrongful 
restraint:  
Whoever commits lurking house -trespass, or house -breaking, having made preparation for causing 
hurt to any person, or for assaulting any person, or for wrongfully restraining a ny person, or for 
putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with 
  
456.  Punishment for lurking house -trespass or house -breaking by night:  
Whoever commits lurking house -trespass by night or house -breaking by night, shall be punished 
with imprisonment of either description for a term which may extend to three years, and shall al so 
  
457.  Lurking house -trespass or house -breaking by night in order to commit offence punishable with 
imprisonment:

Whoever commits lurking house -trespass by night, or house -breaking by night, in order to the 
committing of any offence punishable with imprisonment, shall be punished with imprisonment of 
either description for a term which may extend to five years, and shall also be liable to fine; and, if 
the offence intended to be committed is theft, the term of the imprisonment  may be extended to 
fourteen years.  
  
458.  Lurking house -trespass or house -breaking by night after preparation for hurt, assault or wrongful 
Whoever commits lurking house -trespass by night or house -breaking by night, having made 
preparation for causing hurt to any person, or for assaulting any person, or for wrongfully 
restraining any person, or for putting any person in fear of hurt, or of ass ault, or of wrongful

restraining any person, or for putting any person in fear of hurt, or of ass ault, or of wrongful 
restraint, shall be punished with imprisonment of either description for a term which may extend 
to fourteen years, and shall also be liable to fine.  
  
committing of any offence punishable with imprisonment, shall be punished with imprisonment of

the offence intended to be committed is theft, the term of the imprisonment may be extended to 
  
preparation for causing hurt to any person, or for assaulti ng any person, or for wrongfully 
restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful 
  
 167[ 
459.  Hurt caused whilst committing lurking house trespass or house -breaking:  
Whoever, whilst committing lurking house -trespass or house -breaking, causes hurt to any person

167[ 
Whoever, whilst committing lurking house -trespass or house -breaking, causes hurt to any person 
or attempts to commit Qatl of or hurt to, any person shall be punished with imprisonment for life, 
or imprisonment of either description for a term which may extend to ten years, and shall also be 
liable to the same punishment for committing qatl or causing hurt or attempting to cause qatl or 
hurt as is specified in Chapter XVI of this Code.  
  
460.  Persons jointly concerned in lurking house -trespass or house -breaking by night punishable for 
qatl or hurt caused by one of them:  
If, at the time of the committing of lurking house -trespass by night or house -breaking by night, any 
person gui lty of such offence shall voluntarily cause or attempt to commit qatl of, or hurt to, any 
person, every person jointly concerned in committing such lurking house -trespass by night or

person, every person jointly concerned in committing such lurking house -trespass by night or 
house -breaking by night, shall be punished with imprisonment for life or with imprisonment of 
either description for a term which may extend to ten years and shall also be liable to the same 
punishment for committing qatl or causing hurt or attempting to cause qatl or hurt as is specified in 
Chapter XVI of this Code.  
  
] 167 
461.  Dishonestly breaking open receptacle containing property:  
Whoever dishonestly or with intent to commit mischief breaks open or unfastens and closed

receptacle which contains or which, he believes to contain property, shall be punished with 
imprisonment or either description for a term which may extend to two year s, or with fine, or with 
both.  
  
462.  Punishment for same offence when committed by person entrusted with custody:  
Whoever, being entrusted with any dosed receptacle which contains or which he believes to 
contain property, without having authority  to open the same, dishonestly, or with intent to commit 
mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either 
description for a term which may extend to three years, or with fine, or with both.  
  
CHAPTER XVIII  
OF OFFENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS  
463.  Forgery:  
Whoever makes any false document or part of a document, with intent to cause damage or injury, 
to the public or to any person, or to support any claim or title, or to cause any person to part with

to the public or to any person, or to support any claim or title, or to cause any person to part with 
property, or to enter into any express or implied contract,  or with intent to commit fraud or that 
fraud may be committed, commits forgery.  
  
464.  Making a false document:  
A person is said to make a false document:  
First:  Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a 
document, or makes any mark denoting the execution of a document, with the 
intention of causing it to be believed that such document or part of a document was 
made, sig ned, sealed or executed by the authority of a person by whom or by whose 
authority he knows that it was not made, signed, sealed or executed, or at a time at 
which he knows that it was not made, signed, seated or executed; or  
Secondly:  Who, without la wful authority, dishonesty or fraudulently, by cancellation or otherwise,

Secondly:  Who, without la wful authority, dishonesty or fraudulently, by cancellation or otherwise, 
alters a document in any material part thereof, after it has been made "or executed 
either by himself or by any other person, whether such person be living or dead at the 
time of suc h alteration; or

Thirdly:  Who dishonestly or fraudulently causes any person to sign, seal, execute or later a 
document, knowing that such person by reason of unsoundness of mind or intoxication 
cannot, or that. by reason of deception practised upon hi m, he does not know the 
contents of the document or the nature of the alteration.  
 
(a) A has a letter of credit upon B for rupees 10,0OO, written by Z. A, in order to defraud E, adds a 
cipher to the 10,000 and makes the sum 10,000, intending that it may be believed by B that Z 
so wrote the letter, A has committed forgery.  
  
(b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an 
estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B 
the purchase -money. A has committed forgery.  
  
(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having 
been inserted in the cheque. A fraudulently tills up the cheque by inserting the sum of ten 
thousand rupees. A commits forgery.  
  
(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum 
payable and authorises B to fill up the cheque by inserting a sum not exceeding ten thousand 
rupees for the purpose of making certain payments. B fraudulently fills up  the cheque by 
inserting the sum of twenty thousand rupees. B commits forgery.  
  
(e) A draws a bill of exchange on himself in the name of B without B's authority, intending to 
discount it as. a genuine bill with a banker and intending to take up t he bill on its maturity. 
Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he 
had the security of B, and thereby to discount the bill, A is guilty of forgery.

had the security of B, and thereby to discount the bill, A is guilty of forgery.  
  
(f) Z's will contains these words: "I direct that all my remaining property be equally divided 
between A, B and C." A dishonestly scratches out B's name, intending that it may be believed

that the whole was left to himself and C. A has committed forgery.  
  
(g) A endorses a Government promissory -note and makes it payable to Z or his order by writing on 
the bill the words "Pay to Z or his order" and signing the endorsement. B dishonestly erases 
the words "Pay to Z or his order" and thereby converts the s pecial endorsement into a blank 
endorsement. B commits forgery.  
  
(h) A sells and conveys an estate to Z, A afterwards, in order to defraud Z of his estate' executes a 
conveyance of the same estate to B, dated six months earlier than the date of the conveyance 
to Z, Intending it to be believed that he had conveyed the estate  to B before he conveyed it to 
Z. A has committed forgery.  
  
(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named 
by Z, and by representing to Z, that he has prepared the will according to his instru ctions, 
Induces Z to sign the will. A has committed forgery.

Induces Z to sign the will. A has committed forgery.  
  
(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of 
good character and distressed circumstances from unforeseen misfortune, intending by means 
of such letter to obtain alms from Z and other persons. Here, as A made false document in 
order to induce Z to part with property, A has committed forgery.  
  
(k) A without B's authority writes a letter and signs it in B's name certifying to A's character, 
intending thereby to obtain employment under Z. A has comm itted forgery inasmuch as he 
intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an 
express or implied contract for service.  
  
Explanation 1: A man's signature of his own name may amount to forgery.   

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was

drawn by another person of the same name. A has committed forgery.  
  
(b) A writes the word "accepted" on a piece of paper and sings it with Z's name, in order that B 
may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill 
as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the 
bill upon the paper pursuant to A’s intention, B is also guilty of forgery.  
  
(c) A picks up a bill of exchange payable to the order of a different person of the same name A 
endorses the bill in his own name, intendi ng to cause it to be believed that it was endorsed by 
the person to whose order it was payable, here A has committed forgery.  
  
(d) A purchases an estate sold under execution of a decree against B. B after the seizure of the 
estate, in collusion With Z, executes a lease of the estate to Z at a nominal rent and for a long 
period and dates the lease six months prior to the seizure, with intent to defraud A, and to

period and dates the lease six months prior to the seizure, with intent to defraud A, and to 
cause it to be believed that the lease was granted before the seizure. S, though he executes 
the lease in his own name, commits forgery by antedating it.  
  
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent 
to defraud his creditors and in order to give a colour to the transaction, writes a promissory -
note binding himself to pay to B a sum for value received, and antedates that note, intending 
that it may be believed to have been made before A was on the point of insolvency. A has 
committed forgery under the first head of the definition.  
  
Explanation 2: The making of a false document in the name of a fictitious person, intending it to be 
believed that the document was made by a real person, or in the name of a deceased person,

believed that the document was made by a real person, or in the name of a deceased person, 
intending it to be believed that the document was made by the pe rson in his lifetime, may amount 
to forgery.   
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of 
such fictitious person with intent to negotiate it. A commits forgery.

465.  Punishment for forgery:  
Whoever commits forgery shall be punished with imprisonment of either description for a term, 
  
466.  Forgery of record of Court or of public register, etc.:  
Whoever  forges a document, purporting to be a record or proceeding of or in a Court of Justice, or 
a register of birth, baptism, marriage or burial or a register kept by a public servant as such, or a 
certificate or document purporting to be made by public servan t in his official capacity, or an 
authority to institute or defend a suit, or to take any proceedings therein or to confess judgment, 
or a power -of-attorney, shall be punished with imprisonment of either description for a term which 
may extend to seven yea rs, and shall also be liable to fine.  
  
467.  Forgery of valuable security, will, etc.:  
Whoever forges a document which purports to be a valuable security, or a will, or an authority to

Whoever forges a document which purports to be a valuable security, or a will, or an authority to 
adopt a son, or which purports to give authority to any person to make or transfer any valuable 
security, or to receive the principal, interest or dividends t hereon, or to receive or deliver any 
money, movable property, or valuable security, or any document purporting to be as acquaintance 
or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of 
any movable property or va luable security, shall be punished with imprisonment for life, or with 
  
468.  Forgery for purpose of cheating:  
Whoever commits forgery, intending that, the document forged shall be used for the purpose of 
cheating, shall be punished with imprisonment of either description for a term which may extend

cheating, shall be punished with imprisonment of either description for a term which may extend 
to seven years, and shaft also be liable to fine.  
  
469.  Forgery for purpose of harming reputation:  
Whoever commits forgery, intending that the document forged shall harm the reputation of any 
party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment 
of either descripti on for a term which may extend to three years, and shall also be liable to fine.

470.  Forged document:  
A false document made wholly or in part by forgery is designated "a forged document".  
  
471.  Using as genuine a forged document:  
Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason 
to believe to be a forged document, shall be punished in the same manner as if he had forged such 
document.  
  
472.  Making or possessing counterfeit seal,  etc., with intent to commit forgery punishable under 
Section 467:  
Whoever makes or counterfeits any seal, plate or other instrument for making an impression, 
intending that the same shall be used for the purpose of committing any forgery which would be 
punishable under Section 467 of this Code, or with such intent, has in his possession any such seal, 
plate or other instrument, knowing the same to be counterfeit, shall be punishable with 
imprisonment for life, or with imprisonment of either description for  a term which may extend to 
seven years, and shall also be liable to fine.

473.  Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise:  
punishable under any section of this chapter other than Section 467, or such intent, has in his 
possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be 
  
474.  Having possession of document described in Section 466 or 467 knowing it to be forged and 
intending to use it as genuine:  
Whoever has in his possession any document knowing the same to be forger and intending that the

Whoever has in his possession any document knowing the same to be forger and intending that the 
same shall fraudulently or  dishonestly be used as genuine, shall, if the document is one of the 
description mentioned in Section 466 of this Code, be -punished with imprisonment of either 
description for a term which may extend to seven years, and shall also be liable to fine and if  the 
document is one of the description mentioned in Section 467; shall be punished with imprisonment 
for life, or with imprisonment of either description, for a term which may extend to seven years,

475.  Counterfeiting device or mark used for authenticating documents described in Section 467, or 
possessing counterfeit marked material:  
Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the 
purpose of authenticating any document described in .'Section 467 of this Code, intending that 
such device or mark shall be used for the purpose of giving the appearance of authenticity to any 
document then forged or thereafter to be forged on such material, or who, with such inten t, has in 
his possession any material upon or in the substance of which any such device or mark has been 
counterfeit, shall be punished with imprisonment for fife, or with imprisonment of either 
description, for a term which may extend to seven years, and shall also be liable to fine.  
  
476.  Counterfeiting device or mark used for authenticating documents other than those described in 
Section 467, or possessing counterfeit marked material:

Section 467, or possessing counterfeit marked material:  
Whoever counterfeits upon, or in the substance of, any mater ial, any device or mark used for the 
purpose of authenticating any document other than the documents described in Section 467 of this 
Code, Intending that device or mark shall be used for the purpose of giving the appearance of 
authenticity to any document  then forged or thereafter to be forged on such material, or who, with 
such intent, has in his possession any material upon or in the substance of which any such device or 
mark has been counterfeited, shall be punished with imprisonment of either descripti on for a term 
  
477.  Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security:

477.  Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security:  
Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to 
any person, cancels, destroys or defaces or attempts to cancel, destroy or deface or secretes or 
attempts to secrete any document which is or purports to be a  will, or an authority to adopt a son, 
or any valuable security, or commits mischief in respect to such document, shall be punished with 
imprisonment for life or with imprisonment of either description for a term which may extend to 
  
 168[ 
477-
A. Falsification of accounts:  
Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer 
or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book,

paper, writing, valuable security or account which be longs to or is in the possession of his 
employer, or has bean received by him for or on behalf of his employer, or wilfully, and with intent 
to defraud, makes or abets the making of any false entry in, or omits or alters or abets the 
omission or alteration  of any material particular form or in, any such book, paper, writing valuable 
security or account, shall be punished with imprisonment of either description for a term which 
may extend to seven years, or with fine, or with both.  
Explanation:  It shall be s ufficient in any charge under this section to allege a general intention to 
defraud without naming any particular person intended to be defrauded or specifying any 
particular sum of money intended to be the subject of the fraud, or any particular day on wh ich 
the offence was committed.  
  
] 168 
Of Trade, Property and Other Marks  
 169[ 
478.  Trade mark:

] 168 
 169[ 
478.  Trade mark:  
A mark used for denoting that goods are the manufacture or merchandise of a particular person is 
called a trade mark, and for the purposes of this Code the expression "trade mark" includes any 
trademark which is registered in the register of trade marks ke pt under the Trade Marks Act, 1940 
(V of 1940).  
  
] 169 
479.  Property mark:  
A mark used for denoting that movable property belongs to a particular person is called a property 
mark.  
  
480.  Using a false trade mark:  
Whoever marks any goods or any case, packages or other receptacle containing goods, or uses any 
case, package or other receptacle with any mark thereon, in a manner reasonably calculated to 
cause it to be believed that the goods so marked, or any goods con tained in any such receptacle so 
marked, are the manufacture or merchandise of a person whose manufacture or merchandise they 
are not, is said to use a false trade mark.

481.  Using a false property mark:  
Whoever marks any movable property or goods or any case, package or other receptacle 
containing movable property or goods, or uses any case package or other receptacle having any 
mark thereon, in a manner reasonably calculated to cause it to be believed th at the property or 
goods so marked, or any property or goods contained in any such receptacle so marked, belong to 
a person to whom they do not belong, is said to use a false property mark.  
  
482.  Punishment for using a false trade -mark or property mark:  
Whoever uses any false trade mark or any false property mark shall, unless he proves that he acted 
without intent to defraud, be punished with imprisonment of either description for a term which 
may  extend to one year, or with fine, or with both.  
  
483.  Counterfeiting a trademark or property mark used by another:  
Whoever counterfeits any trade mark or property mark used by any other person shall be punished

Whoever counterfeits any trade mark or property mark used by any other person shall be punished 
with imprisonment of either descri ption for a term which may extend to two years, or with fine, or 
with both.  
  
484.  Counterfeiting a mark used by a public servant:  
Whoever counterfeits any property mark used by a public servant, or any mark used by a public 
servant to denote that any property has been manufactured by a particular person or at a 
particular time or place, or that the property is of a particular quality  or has passed through a 
particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing 
the same to be counterfeit, shall be punished with imprisonment of either description for a term 
which may extend to three years, and shall also be liable to fine.  
  
485.  Making or possession of any instrument for counterfeiting a trade mark or property mark:

485.  Making or possession of any instrument for counterfeiting a trade mark or property mark:  
Whoever makes or has in his possession any die, plate or other instrument for the purpose of 
counterfeiting a trade m ark or property mark, or has in his possession a trade mark or property 
mark for the purpose of denoting that any goods are the manufacture or merchandise of a person 
whose manufacture or merchandise they are not, or that they belong to a person to whom th ey do 
not belong, shall be punished with imprisonment of either description for a term which may extend 
to three years, or with fine, or with both.

486.  Selling goods marked with a counterfeit trade mark or property mark:  
Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, 
any goods or thing with a counterfeit trade mark or property mark affixed to or impressed upon 
the same or to or upon any case, package or other receptacle in which such goods are contained, 
shall, unless he proves: - 
(a) that, having taken all reasonable precautions against committing an offence against this 
section, he had at the time of the commission of the alleged offence no reason to suspect the 
genuin eness of the mark and  
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his 
power with respect to the persons from whom he obtained such goods or things, or  
(c) that otherwise he had acted innocently,  
be punished with imprisonment of either description for a term which may extend to one year, or 

487.  Making a false mark upon any receptacle containing goods:  
Whoever makes any false mark upon any case, package or other receptacle containing goods, in a 
manner reasonably calculated to cause any public servant or any other person to believe that such 
receptacle contains goods which it does not contain or that it does not contain goods which it does 
contain, or that the goods contained in such receptacle are of a nature or quality different from the 
real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be 
punished with imp risonment of either description for a term which may extend to three years, or 
  
488.  Punishment for making use of any such false mark:  
Whoever makes use of any such false mark in any manner prohibited by the last foregoin g section

Whoever makes use of any such false mark in any manner prohibited by the last foregoin g section 
shall, unless he proves that he acted without intent to defraud, be punished as if he had committed 
an offence against that section.  
  
489.  Tampering with property mark with intent to cause injury:  
Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be 
likely that he may thereby cause injury to any person, shall be punished with imprisonment of

either, description for a term which may extend to one year, or wit h fine or with both.  
  
Of Currency -Notes and Bank -Notes  
 170[ 
489-
A. Counterfeiting currency -notes or bank -notes:  
Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any 
currency -note or banknote, shall be punished with imprisonment for life, or with imprisonment of 
either description for a term which may extend to ten years, and sha ll also be liable to fine.  
Explanation:  For the purposes of this section and of Sections 489 -B, 489 -C and 489 -D, that 
expression "bank -note" means a promissory -note or engagement for the payment of money to 
bearer on demand issued by any person carrying on  the business of banking in any part of the 
world, or issued by or under the authority of any State or Sovereign Power, and intended to be 
used as equivalent to, or as a substitute for money.  
  
489-
B. Using as genuine, forged or counterfeit currency -notes or bank -notes:

489-
B. Using as genuine, forged or counterfeit currency -notes or bank -notes:  
Whoever sells to, or buys or receives from, any other person, or otherwise traffics, in or uses as 
genuine, any forged or counterfeit currency -note or bank -note, knowing or having reason  to 
believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with 
  
489-
C. Possession of forged or  counterfeit currency -notes or bank -notes:  
Whoever has in his possession any forged or counterfeit currency -note or bank -note, knowing or 
having reason to believe the same to be forged or counterfeit and intending to use the same as 
genuine or that it may be used as genuine, shall be punished with imprisonment of either 
  
489-

489-
D. Making or possessing instruments or materials for forging or counterfeiting currency -notes or 
bank -notes:  
Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or 
has to his possession, any machinery, instrument or material for the purpose of being used, or

knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any 
currency -note or bank -note, shall be punished with imprisonment for life, or with imprisonment of 
either descri ption for a term which may extend to ten years, and shall also be liable to fine.  
  
] 170 
 171[ 
489-
E. Making or using documents resembling currency -notes or bank -notes:  
(1) Whoever makes, or causes to be made, or uses for any purposes whatsoever, or delivers to 
any person, any document purporting to be, or in any way resembling or so nearly resembling, 
as to be calculated to device, any currency -note or bank -note shall be pun ished with 
imprisonment of either description for a term which may extend to one year, or with fine or 
with both.  
  
(2) If any person, whose name appears on a document the making of which is an offence under 
sub-section (1), refuses, without lawful excuse, to disclose to a police -officer on being so

sub-section (1), refuses, without lawful excuse, to disclose to a police -officer on being so 
required the name and address of the person by whom it was printed or other wise made, he 
shall be punished with imprisonment of either description for a term which may extend to one 
  
(3) Where the name of any person appears on any document in respect of which any person is 
charged with an offence under sub -section (1) or on any other document used or distributed 
in connection with that document it may, until the contrary is proved, be presumed that 
person caused the document to be made.  
  
] 171 
 172[ 
489-
F. Dishonestly issuing a cheque:  
Whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation 
which is dishonoured on presentation, shall be punished with imprisonment which may extend to

which is dishonoured on presentation, shall be punished with imprisonment which may extend to 
three years or with fine, or with both, unless he can establish, fo r which the burden of proof shall

rest on him, that he had made arrangements with his bank to ensure that the cheque would be 
honoured and that the bank was at fault in not honouring the cheque.  
  
] 172 
 
CHAPTER XIX  
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE  
 173[] 173 
491.  Breach of contract to attend on any supply wants of helpless person:  
Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, 
by reason of youth; or of unsoundness of mind, or of a disease or bodily weakness, is helpless or 
incapable of providing for his own safety or of supplying his  own wants, voluntarily omits so to do, 
months, or with fine which may extend to   174[six hundred rupees] 174, or with both.  
  
 175[] 175 
 
CHAPTER XX  
OF OFFENCES RELATING TO MARRIAGE  
 176[] 176 
 177[ 
493-
A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

175[] 175 
 
CHAPTER XX  
 176[] 176 
 177[ 
493-
A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.  
Every man who deceitfully causes any woman who is not lawfully married to him to believe that 
she is lawfully married to him and to cohabit with him in that belief, shall be pun ished with 
rigorous imprisonment for a term which may extend to twenty -five years and shall also he liable to 
fine.  
  
] 177

494.  Marrying again during lifetime of husband or wife:  
Whoever, having a husband or wife living, marries in any case in which, such marriage is void by 
reason of its taking place during the life of such husband or wife, shall be punished with 
imprisonment of e ither description for a term which may extend to seven years, and shall also be 
Exception : This Section does not extend to any person, whose marriage with such husband or wife 
has been declared void by a Court of competent jurisdiction, nor  to any person who contracts a 
marriage during the life of a former husband or wife, if such husband or wife, at the time of the 
subsequent marriage, shall have been continually absent from such person for the space of seven 
years, and shall not have been heard of by such person as being alive within that time provided the 
person contracting such subsequent marriage shall, before such marriage takes place, inform the

person contracting such subsequent marriage shall, before such marriage takes place, inform the 
person with whom such marriage is contracted of the real state of facts so far as the same are 
within his or her knowledge.  
  
495.  Same offence with concealment of former marriage from person with whom subsequent 
marriage is contracted:  
Whoever commits the offence defined in the last preceding section having concealed from the 
person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be 
punished with imprisonment of either description for a term which may extend to ten years, and 
  
496.  Marriage ceremony fraudulently gone through without lawful marriage:  
Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married,

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, 
knowing that he  is not thereby lawfully married, shall be punished with imprisonment of either 
description for a term which may extend to seven years, and shall be liable to fine.  
  
 178[ 
496A.  Enticing or taking away or detaining with criminal intent a woman.  
Whoever takes or entices away any woman with intent that she may have illicit intercourse with 
any person, or conceals or detains with that intent any woman, shall be punished with 
imprisonment of either description for a term which may extend to seven yea rs, and shall also be 

496B.  Fornication:  
(1) A man and a woman not married to each other are said to commit fornication if they willfully 
have sexual intercourse with one another.  
  
(2) Whoever commits fornication shall be punished with imprisonment for a term which may 
extend to five years and shall also be liable to fine not exceeding ten thousand rupees.  
  
496C.  Punishment for false accusation of fornication.  
Whoever brings or levels or gives evidence of false charge of fornication against any person, shall 
be punished with imprisonment for a term which may extend to five years and shall also be liable 
to fine not exceeding ten thousand rupees.  
Provided  that a Presiding Officer of a Court dismissing a complaint under section 203C of the 
Code of Criminal Procedure, 1898 and after providing the accused an opportunity to show cause if 
satisfied that an offence under this section has been committed shall not require  any further 
proof and shall forthwith proceed to pass the sentence.  
  
] 178

] 178 
 179[] 179 
 
CHAPTER XXI  
OF DEFAMATION  
499.  Defamation:  
Whoever by words either spoken or intended to be read, or by signs or by visible representations, 
makes or publishes any imputation concerning any person intending to harm, or knowing or having 
reason to believe that suc h imputation will harm, the reputation of such person, is said except in 
the cases hereinafter excepted, to defame that person.   180[] 180 
Explanation 1: It may amount to defamation to impute anything to a deceased person, if the 
imputator would harm the reputation of that person if living, and is intended to be hurtful to  the 
feelings of his family or other near relatives.

Explanation 2: It may amount to defamation to make an imputation concerning a company or an 
association or collection of persons as such.  
Explanation 3: An imputation in the form of an alternative or exp ressed ironically, may amount to 
defamation.  
Explanation 4: No imputation is said to harm a person's reputation, unless that imputation directly 
or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, 
or lower s the character of that person in respect of his caste or of his calling or lowers the credit of 
that person, or causes it to be believed that the body of that person is in a loathsome state, or in a 
state generally considered a disgraceful.  
 
Illustration s 
(a) A says: "Z is an honest man, he never stole B's watch", intending to cause it to be believed that 
Z did steal B's watch. This is defamation, unless it falls within one of the exceptions.

Z did steal B's watch. This is defamation, unless it falls within one of the exceptions.  
  
(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole 
B's watch. This is defamation unless it falls within one of the exceptions.  
  
(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's 
watch. This is defamation, unless it falls within one of the exceptions.  
  
First Exception - Imputation of truth which public good requires to be made or published:  It is not 
defamation to impute anything which is true concerning any person, if it be for the public good that 
the imputation should be made or published. Whether or not it is for the public good is a question 
off act.  
Second Exception - On Public conduct of public servants:  It is not defamation to express in good

off act.  
Second Exception - On Public conduct of public servants:  It is not defamation to express in good 
faith any opinion whatever respecting the conduct of a public servant in the discharge of his public 
functions, or respectin g his character, so far as his character appears in that conduct, and no 
further.  
Third Exception - Conduct of any person touching any public question:  It is not defamation to 
express in good faith any opinion whatever respecting the conduct of any person touching any 
public question, and. respecting his character, so far as his character appears in that conduct, and

no further.   
It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in 
petitioning Government on a public question, in signing requisition for a meeting on a public 
question, in presiding or attending as such meeting, in forming or joining any society which invites 
the public support, in voting or canvassing for a particular candidate for any situation in the 
efficient discharge of the duties of which the public is interested.  
Fourth Exception - Publication of reports of proceedin gs of Courts:  It is not defamation to public a 
substantially true report of the proceedings of a Court of Justice, or of the result of any such 
proceedings.  
Explanation:  Justice of the peace or other officer holding an enquiry in open Court preliminary to a 
trial in a Court of Justice is a Court within the meaning of the above section.  
Fifth Exception - Merits of case decided in Court or conduct of witnesses and other concerned:  It

Fifth Exception - Merits of case decided in Court or conduct of witnesses and other concerned:  It 
is not defamation to express in good faith any opinion whatever respecting t he merits of any case, 
civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any 
person as a party, witness or agent, in any such case, or respecting the character of such person, as 
far as his character appears in t hat conduct, and not further.   
(a) A says: "I think Z's evidence on that trial is so contradictory that he must be stupid or 
dishonest," A is within this exception if he says that in good faith, inasmuch as the opinion 
which he expresse s respects Z's character as it appears in Z's conduct as a witness, and no 
further.  
  
(b) But if A says: "I do not believe what Z asserted at that trial because I know him to be a man

further.  
  
(b) But if A says: "I do not believe what Z asserted at that trial because I know him to be a man 
without veracity." A is not within this exception, inasmuch as the opinion which he expresses 
of Z's character, is an opinion not founded on Z's conduct as a witn ess. 
  
Sixth Exception - Merits of public performance:  It is not defamation to express in good faith any 
opinion respecting the merits of any performance which its author has submitted to the judgment 
of the public, or respecting the character of the author so far as his character appears in such 
performance, and no further.  
Explanation:  A performance may be submitted to the judgment of the public expressly or by acts

on the part of the author, which imply such submission to the judgment of the public.  
 
(a) A person who publishes a book, submits that book to the judgment of the public.  
  
(b) A person who makes a speech in public, submits that speech to the judgment of the public.  
  
(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment 
of the public.  
  
(d) A says of a book published by Z. "Z's book is foolish; Z must be a weak man. Z's book is 
indecent; Z must be a man of impure mind. " A is within this exception, if he says this in good 
faith, Inasmuch as the opinion which he expresses of Z respects Z's character only so far as it 
appears in Z's book, and no further.  
  
(e) But if A says: I am not surprised that Z's book is foolish and indecent, for he is a weak man and 
a libertine. A is not within this exception, inasmuch as the opinion which he expresses of Z's 
character is an opinion not founded on Z's book.

character is an opinion not founded on Z's book.  
  
Seventh Exception - Censure passed in good faith by person having lawful authority over 
another:  It is not defamation in a person having over another any authority, either conferred by 
law or arising out of a lawful contract made with that other, to pass in good faith any censure on 
the conduct of that other in matters to which such lawful authority r elates.   
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a 
department censuring in good faith those who are under this orders; a parent censuring in good 
faith a child in the presence of othe r children; a schoolmaster, whose authority is derived from a 
parent, censuring in good faith a pupil in service;' a banker censuring in good faith, the cashier of 
his bank for the conduct of such cashier as such cashier are within this exception.

Eighth E xception - Accusation preferred in good faith to authorised person:  It is not defamation to 
prefer in good faith an accusation against any person to any of those who have lawful authority 
over that person with respect to the subject matter of accusation.   
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a 
servant, to Z's master; if A in good faith complains of the conduct of Z, a child -Z's father A is within 
this exception.  
Ninth Exception - Imputation made in good faith by person for protection of his or other's 
interest:  It is not defamation to make an imputation on the character of another provided that the 
imputation be made in good faith for the protection of the interest of the person mak ing it, or of 
any other person, or for the public good.   
(a) A, a shopkeeper, says to B, who manages his business —"Sell nothing to Z unless he pays you

(a) A, a shopkeeper, says to B, who manages his business —"Sell nothing to Z unless he pays you 
ready money, for I have no opinion of his honesty." A is within the exception, if he has made 
this imputation on Z in good faith for the protection of his own intere sts. 
  
(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the 
character of Z. Here, if the imputation is made in good faith, and for the good, A is within the 
exception.  
  
Tenth Exception - Caution intended for good of person to whom conveyed or for public good:  It is 
not defamation to convey a caution, in good faith, to one person against another, provided that 
such caution be intended for the good of the person to whom it is conveyed, or of  some person in 
whom that person is interested, or for the public good.  
  
500.  Punishment for defamation:

500.  Punishment for defamation:  
Whoever defames another shall be punished with simple imprisonment for a term which may 
extend to two years, or with fine, or with both.  
  
501.  Printing or engraving matter known to be defamatory:  
Whoever prints or engraves any matter, knowing or having good reason to relieve that such matter

is defamatory of any person, shall be punished with simple imprisonment for a term which may 
  
502.  Sale of printed or engraved substance containing defamatory matter:  
Whoever sells or offers for sale any printed or engraved substance containing defamatory matter 
knowing that it contains such matter, shall be punished with simple imprisonment for a term which 
may extend to two years, or with fine, or with both.  
  
CHAPTER XXII  
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE  
503.  Criminal Intimidation:  
Whoever threatens another with any injury to his person, reputation or property, or to the person 
or reputation of any one in whom that person is interested, with intent to cause alarm to that 
person, or to cause that person to do any act which he is not l egally bound to do, or to omit to do 
any act which that person is legally entitled to do, as the means of avoiding the execution of such 
threat, commits criminal intimidation.

threat, commits criminal intimidation.  
Explanation:  A threat to injure the reputation of any deceased person in whom th e person 
threatened is interested, is within this section.  
 
A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. 
A is guilty of criminal intimidation.  
Ingredients:  This section has the followi ng essentials: --- 
1. Threatening a person with any injury -- 
(i) to this person, reputation, or property; or  
(ii) to the person or reputation of any one in whom that person is interested.  
 
2. Threat must be with intent ---

(a) to cause harm to that person, or  
(b) to cause that person to do any act which he is not legally bound to do as the means of 
avoiding the execution of such threat, or  
(c) to cause that person to omit to do any act which that person is legally enti tled to do as the 
means of avoiding the execution of such threat.  
 
Words, "well, I will see you" do not constitute an offence under Section 506.  
  
504.  Intentional insult with intent to provoke breach of the peace:  
Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it 
to be likely that such provocation will cause him to break the public peace, or to commit any other 
offence, shall be punished with imprisonment of either d escription for a term which may extend to 
  
505.  Statements conducing to public mischief:  
(1) Whoever makes, publishes, or circulates any statement, rumour or report -

(1) Whoever makes, publishes, or circulates any statement, rumour or report - 
(a) with intent to cause or incite, or which is likely to cause or incite, any officer, soldier, 
sailor, or airman in the Army, Navy or Air Force of Pakistan to mutiny, offence or 
otherwise disregard or fail in his duty as such; or  
(b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any 
section of the public whereby any person may be induced to commit an offence against 
the State or against the public tranquillity; or  
(c) with intent to incite, o r which is likely to incite, any class or community of persons to 
commit any offence against any other class or community, shall be punished with 
imprisonment for a term which may extend to seven years and with fine.  
 
(2) Whoever makes, publishes or circulates any statement or report containing rumour or

(2) Whoever makes, publishes or circulates any statement or report containing rumour or 
alarming news with intent to create or promote, or which is likely to create or promote, on 
grounds of religion, race, place of birth, residence, language, caste or communi ty or any other 
ground whatsoever, feelings of enmity, hatred or ill -will between different religious, racial, 
language or regional groups or castes or communities, shall be punished with imprisonment

for a term which may extend to seven years and with fin e. 
  
Explanation:  It does not amount to an offence within the meaning of this section, when the person 
making, publishing or circulating any such statement, rumour or report has reasonable grounds for 
believing that such statement, rumour or report is true and makes, publis hes or circulates it in 
good faith and without any such intent as aforesaid.  
  
506.  Punishment for criminal intimidation:  
Whoever commences the offence of criminal intimidation shall be punished with imprisonment of 
either description for a term which may extend to two years or with fine or with both.  
 If threat be to 
cause death or 
grievous hurt, 
etc.:  And if the thre at be to cause death or grievous hurt, or to cause the destruction 
of any property by fire, or to cause an offence punishable with death or 
imprisonment for life, or with imprisonment for a term which may extend to 
seven years, or to impute unchastity to a  woman, shall be punished with

seven years, or to impute unchastity to a  woman, shall be punished with 
imprisonment of either description for a term which may extend to seven years, 
  
507.  Criminal intimidation by an anonymous communication:  
Whoever commits the offence of criminal intimidation by an anonymous communication, or having 
taken precaution to conceal the name or abode of the person from whom the threat comes, shall 
be punished with imprisonment of either description for a term which m ay extend to two years, in 
addition to the punishment provided for the offence by the last preceding section.  
  
508.  Act caused by inducing person to believe that he will be rendered an object of Divine displeasure:  
Whoever voluntarily causes or attempts to cause any person to do anything which that person is 
not legally bound to do or to omit to do anything which he is legally entitled to do, by inducing or

not legally bound to do or to omit to do anything which he is legally entitled to do, by inducing or 
attempting to induce that person to believe that he or any p erson in whom he is interested will 
become or will be rendered by some act of the offender an object of Divine displeasure if he does 
not to the thing which it is the object of the offender to cause him to do, or if he does the thing 
which it is object of the offender to cause to him to omit shall be punished with imprisonment of 
either description for a term which may extend to one year, or with fine, or with both.

(a) A suits dhurna at Z's door with the intention of causing it to be b elieved that, by so sitting, he 
renders 2 an object of divine displeasure, A has committed the offence defined in this section.  
  
(b) A threatens Z that, unless Z performs a certain act, A wilt kill one of A's own children, under 
such circumstances that the killing would be believed to render Z an object of Divine 
displeasure. A has committed the offence defined in this section.  
  
509.  Word, gesture or act intended to insult the modesty of a woman:  
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or 
gesture, or exhibits any object, intending that such word or sound shall be heard, or that such 
gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall 
be punished with simple imprisonment for a term which may extend to one year, or with fine, or 
with both.  
  
510.  Misconduct in public by a drunken person:

with both.  
  
510.  Misconduct in public by a drunken person:  
Whoever, in a, state of intoxication, appears in any public pla ce, or in any place which it is a 
trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to 
any person be punished with simple imprisonment for a term which may extend to twenty -four 
hours, or with fine which may extend  to ten rupees, or with both.  
  
CHAPTER XXIII  
OF ATTEMPTS TO COMMIT OFFENCES  
511.  Punishment for attempting to commit offences punishable with imprisonment for life or for a 
shorter terms:  
Whoever attempts to commit an offence punishable by this Code with imprisonment for life or 
imprisonment, or to cause such an offence to be committed, and in such attempt does any act 
towards the commission of the offence, shall where no express provision is made by this Code for

towards the commission of the offence, shall where no express provision is made by this Code for 
the punishment of such attempt, be punished with imprisonment of any description provided for

the offence for a term which may extend to one -half of the longest term of imprisonment provided 
for that offence or with such fine daman  as is provided for the offence, or with both.   
(a) A makes an attempt to steal some jewels by breaking, open the box, and finds after so opening 
the box, that there is no jewels in it. He has done an act towards the commission of theft , and 
therefore is guilty under this section.  
  
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket, A fails in the 
attempt in consequence of 2's having nothing in his pocket. A is guilty under this section.  
  
Source:: (1) Punjab Police website. Pakistan Penal Code (as amended until 1997) in PDF - 
[http://www.punjabpolice.gov.pk/user_files/File/pakistan_penal_code_xlv_of_1860.pdf  
Source:: (2) Pakistan Penal Code (2004) - Nadeem Law Book House  
Source:: (3) Gazette of Pakistan Extraordinary, Jan 11, 2005 (Text of Criminal Law (Amendment) Act, 
2004)

2004)  
Source:: (4) Text of Protection of Women (Criminal Laws Amendment) Act, 2006 - text av ailable on 
pakistani.org  
Source:: 1997 text [(1) above] double -checked against 2004 text [(2) above] and updated with 
amendments made since by Shehzaad Nakhoda. Error -checking, proof -reading, formatting into 
pakistani.org XML by Shehzaad Nakhoda. Conversti on into HTML using pakistani.org xlst by Shehzaad 
Nakhoda.  
Notes  
1   Sub-section (1) substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII  of 
1981).  
 
2   The following was omitted by A.O. 1961, Art. 2 and Sch.  : " 
 3[(2) ] 3 
".

3   Substituted by A.O. 1949, Sch..  
 
4   Sub-section (3) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981  (XXVII of 1981).  
 
5   Illustration (b) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
6   Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) for Illustration 
(c). 
 
7   Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
8   The following was omitted by A.O. 1961, Art. 2 and Sched  : : 
13. Definition of "Queen"  
  
9   The following was omitted by A.O. 1937  : : 
15. Definition of "British -India"  
  
16. Definition of "Government of India"  
  
10   The following was omitted by A.O. 1937  : : 
18. Definition of Presidency.

11   Sub-clause (a) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
12   Sub-clause (c) omitted by Federal Laws (Revision and Declaration) Act 1951 (26 of 1951), Section 3 
and Schedule.  
 
13   Sub-clause (d) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
14   Illustration omitted by A.O., Article 2 and Sched..  
 
15   Sub-clause numbered 'first' omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 
(XXVII of 1981).  
 
16   Inserted by Penal Code (Amendment) Act, V III of 1942.  
 
17   Substituted by Criminal Law (Amendment) Act, 1997 (II of 1997).  
 
18   Inserted by Criminal Law (Amendment) Act, 1997 (II of 1997).  
 
19   Inserted by Criminal Law (Amendment) Act, 1997 (II of 1997).  
 
20   Inserted by A.O. 1937.  
 
21   The following was omitted by Criminal Law  (Extinction of Discriminatory Privileges) Act, 1949 (II of 
1950)  : :

56. Sentence of Europeans and Americans to penal servitude:  
  
22   The following was omitted by Law Reforms Ordinance, XII of 1972, S. 2  : : 
58. Offenders sentenced to transportation how dealt with until, transported:  
  
59. Transportation instead of imprisonment:  
  
23   The following was omitted by Penal Code (Amendment) Act, XVI of 1921, S. 4  : : 
61. Sentence of forfeiture of property:  
  
62. Forfeiture of property, in respect of offenders punishable with death, transportation or 
  
24   Sub-clause (b) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
25   Inserted by Penal Code Amendment Act, 1898 (IV of 1898).  
 
26   Inserted by Criminal Law (Amendment) Act, 1997 (II of 1997).  
 
27   Inserted by Criminal Law (Amendment) Act, VIII of 1913.

28   Inserted by Penal Code (Amendment ) Act, 1870 (XXVII of 1870).  
 
29   Inserted by Pakistan Penal Code (Amendment) Act, 1950 (VI of 1950).  
 
30   Inserted by Criminal Law (Second Amendment) Ordinance, 1984 (XLIII of 1984).  
 
31   Inserted by Penal Code (Amendment) Act, 1870 (XXVII of 1870).  
 
32   The following was omitted by Act II of 1988  : "Asiatic".  
 
33   The following was omitted by Act II of 1988  : "Asiatic".  
 
34   Substituted by Federal Laws (Re vision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
35   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
36   The following was omitted by Amending Act, 1934 (XXXV of 1934), Section 2 and Sched  : : 
138-A Application of foregoing sections to the Indian Marine Service:  
  
37   Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
38   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002)  for : "five hundred rupees".

38   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002)  for : "five hundred rupees".  
 
39   Inserted by Criminal Law (Amendment) Act, 1973 (VI of 1973), S. 2.

40   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
41   Substituted by Cr iminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one hundred rupees".  
 
42   Inserted by Prevention of Corruption Laws (Amendment) Act (XIII of 1977), S.2 and Sch..  
 
43   Inserted by Criminal Law (Amendment) Act, XXXVII of 1953.  
 
44   Inserted by Pakistan Penal Code (Amendment) Ordinance, LIX of 1962.  
 
45   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".  
 
46   Inserted by Election Offence and Inquiries Act. XXXIX of 1920.  
 
47   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
48   Inserted by Criminal Law (Third Amendment) Ordinance LIV of 1984.  
 
49   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
50   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".

50   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
51   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".

52   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
53   Substituted by Criminal  Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
54   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousa nd rupees".  
 
55   Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
56   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
57   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
58   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI o f 2002) for : "five hundred rupees".  
 
59   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
60   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".

60   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
61   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
62   Substituted by Crimin al Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
63   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five tho usand".  
 
64   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".

65   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
66   Substituted  by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
67   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for :  "two hundred rupees".  
 
68   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
69   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".  
 
70   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
71   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".  
 
72   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
73   Illustration omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
74   Illustrations omitted by Code of Criminal Procedure Act, X of 1882.

74   Illustrations omitted by Code of Criminal Procedure Act, X of 1882.  
 
75   Inserted by Criminal Law (Amendment) Act, III of 1894.  
 
76   The following was omitted by Penal Code (Amendment) Act, VIII of 1942, S.3  : : 
216-B. Definition of "harbour" in Sections 212, 216 and 216 -A.

77   Inserted by Criminal Law (Amendment) Act, X of 1886.  
 
78   The following was omitted by Law Reforms Ordinance, XII of 1972, Section 2 and Sched.  : : 
226.  Unlawful return from transportation.  
  
79   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
80   Illustrations (d) and (e) omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 
1981).  
 
81   Words omitted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
82   Inserted by Criminal Law (Amendment) Act, III of 1895.  
 
83   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".  
 
84   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
85   Substituted by Criminal Laws  (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
86   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand ru pees".

87   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
88   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
89   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
90   Substituted by Crimin al Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
91   Substituted by Ord. III of 1980.  
 
92   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
93   Substit uted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
94   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
95   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI o f 2002) for : "two hundred rupees".  
 
96   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".

96   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
97   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
98   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
99   Substituted by Criminal Laws (Reforms) Ordi nance (LXXXVI of 2002) for : "one thousand rupees".

100   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
101   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
102   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".  
 
103   Inserted by Paki stan Penal Code (Amendment) Act, XXVII of 1970.  
 
104   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
105   Inserted by Pakistan Penal Code (Amendment) Act, XX of 1965.  
 
106   Inserted by Criminal Law (Amendment) Act, XXV of 1927..  
 
107   Inserted by P.P.C. (Amendment) Ordinance, I of 1982..  
 
108   Inserted by Criminal Law (Amendment) Act, III of 1986, S. 2.  
 
109   Inserted by Pakistan Penal Code (Second Amendment) Ordinance, XLIV of 1980.  
 
110   Inserted by Anti -lslamic Activities of Quadiani Group, Lahori Group and Ahm adis (Prohibition and 
Punishment) Ordinance, XX of 1984.

Punishment) Ordinance, XX of 1984.  
 
111   Sections 299 to 338H substituted by Criminal Law (Amendment) Act, 1997 (II of 1997).

112   Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 2.  
 
113   Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 3 for Full -stop: ".".  
 
114   Proviso inserted by Criminal Law (Amendment) Act, 2004  (I of 2005), S. 3.  
 
115   Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 4.  
 
116   Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(a) for : "fourteen years".  
 
117   Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(a) for : "fourteen years".  
 
118   Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 5(b) for : "fourteen years".  
 
119   Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 6 for :  : 
Provided  that giving a female in marriage shall not be a valid badl -i-sulh.  
 
120   Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 7.  
 
121   Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(i) for : "keeping in view".

121   Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(i) for : "keeping in view".  
 
122   The following was omitted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(ii)  : "in its 
discretion".  
 
123   Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iii).

124   Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iv) for Full-stop: ".".  
 
125   Proviso inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(iv).  
 
126   Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 8(v).  
 
127   Substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 9 for : "fourteen years".  
 
128   Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 10.  
 
129   Inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(a).  
 
130   Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 11(b) for Full -stop: ".".  
 
131   Proviso inserted by Criminal Law (Amendment) Act, 200 4 (I of 2005), S. 11(b).  
 
132   Colon substituted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 12 for Full -stop: ".".  
 
133   Proviso inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 12.

133   Proviso inserted by Criminal Law (Amendment) Act, 2004 (I of 2005), S. 12.  
 
134   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
135   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI  of 2002) for : "one thousand rupees".  
 
136   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".

137   Inserted by Criminal Law (Amendment) Ordinance, XXIV of 1984.  
 
138   Substit uted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
139   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002)  for : "two hundred rupees".  
 
140   Substituted by Criminal Law (Amendment) Act, III of 1990 for : "age of ten".  
 
141   Substituted by Criminal Law (Amendment) Act, III of 1990 for : "age of ten".  
 
142   Inserted by Criminal  Law (Amendment) Act, III of 1990.  
 
143   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 2.  
 
144   The following was omitted by Criminal Law (Amendment) Act, III of 1990, S. 19  : : 
366.  Kidnapping, abducting or inducing woman to compel her marriage,  etc.:  
  
145   Inserted by Penal Code (Amendment) Act, XX of 1923.  
 
146   Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).

146   Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
147   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 3.

148   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 4.  
 
149   The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 
1979), S. 19  : : 
372.  Selling minor for purposes of prostitution, etc.:  
  
373.  Buying minor for purposes of prostitution, etc.:  
  
150   Substituted by Criminal Law (W. P. Amendment) Ordinance, XXXIV of 1969 for : "one year".  
 
151   The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 
375.  Rape:  
  
376.  Punishment of rape:  
  
152   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 5.  
 
153   Inserted by Criminal Law (Amemdment) Act, I of 1996.  
 
154   Inserted by Pakistan Penal Code (Amendment) Act, XVI of 1996.  
 
155   Substituted by Criminal Laws (Amendment) Ordinance, III of 1980.

156   The following was omitted by Criminal Law (Amendment) Act, VII of 1993  : "". 
 
157   Substituted by Criminal Laws (Amendment) Ordinance, III of 1980.  
 
158   Substituted by Unknown.  
 
159   Inserted by Pakistan Penal Code (Second Amendment) Ordinance. XXX of 1981, S. 2.  
 
160   Substituted by Criminal Laws (A mendment) Ordinance, XXXIII of 1981 for : "three".  
 
161   Substituted by Pakistan Penal Code (Amendment) Ordinance, XLI of 1980.  
 
162   Substituted by Criminal Laws (Amendment) Ordinance, III of 1980.  
 
163   Substituted by C riminal Laws (Amendment) Ordinance, III of 1980 for : "may extend to".  
 
164   Substituted by Criminal Laws (Amendment) Ordinance, III of 1980 for : "may extend to". 
 
165   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "five hundred rupees".  
 
166   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "one thousand rupees".  
 
167   Substituted by Criminal Law (Amendment) Act, 1997 (II of 1997).

168   Inserted by Criminal Law (Amendment) Act, III of 1895.  
 
169   Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981).  
 
170   Sections 489 -A to 489 -D inserted by Currency -Notes Foreign Act, XII of 1899, S. 2.  
 
171   Inserted by Penal Code (Amendment) Act, VI of 1943, S. 2.  
 
172   Inserted by Criminal Law (Amendment) Ordinance, 2002 (LXXXV of 2002).  
 
173   The following was omitted by Workmen's Breach of Contract (Repealing) Act III of 1925), S. 2 and 
Schedule  : : 
490.  Breach of contract of service during voyage or journey  
  
174   Substituted by Criminal Laws (Reforms) Ordinance (LXXXVI of 2002) for : "two hundred rupees".  
 
175   The following was omitted by Workmen's Breach of Contract (Repealing) Act III of 1925), S. 2 and 
492.  Breach of contract to serve at distant place to which servant is conveyed at masters expense:  
  
176   The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of

176   The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 
493.  Cohabitation caused by a man deceitfully inducing a belief of lawful marriage:

177   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 6.  
 
178   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006, S. 7.  
 
179   The following was omitted by Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 
497.  Adultery:  
  
498.  Enticing or taking away or detaining with criminal intent a married woman:  
  
180   Proviso omitted by Criminal Law (Amendment) Act, IV of 1986.

1  
 
Property Rights In Pakistan: Laws, Regulations,  
Transfers & Enforcement   
RAJA RAFI ULLAH  AND M. SHAAF NAJIB, Pakistan  Institute  of Development  Economics,  Islamabad.  
 
PROPERTY  RIGHTS:  WHAT  ARE  THEY?  
Defining, allocating, and protecting property rights is an essential tool to form the basis of efficient and 
effective markets and society. ‘Property Rights’ is a term used to define the right to possess resources and the 
right to determine their utili sation. The term is not limited to just public ownerships, b ut property rights are 
extended to private individuals and organi sations . However, the issue of property rights remains a highly 
complex matter and must be thoroughly assessed.  
Every country defines property rights through various laws , rules, and regulati ons, with ultimate  
enforcement of property rights  the responsibility of the state and its institutions.

enforcement of property rights  the responsibility of the state and its institutions.  
In the case of Pakistan, it is essential  to study the relevant laws defining and governing property rights 
comprehensively . This brief aims to describe  Pakistan's existing land property rights  and evaluate the land 
record system. Moreover, the brief will also identify the laws regulating property rights in Pakistan a nd analy se 
the right to transfer land and property . 
 
DEFINING  PROPERTY  AND  LAND  IN PAKISTA N 
 The terms  ‘Land’ and ‘Property ’ are often used interchangeably in Pakistan. However, as per the 
regulations , property , and land have two separate definitions.  
 In Pakistan, property  means any thing  tangible or intangible that can be owned by or vested in by an 
individual. Any property that physically exists, even temporarily, is referred to as tangible . In contrast,  a

individual. Any property that physically exists, even temporarily, is referred to as tangible . In contrast,  a 
property is considered intangible when it does not physically exist, such as patents or intellectual 
property rights.  
 On the other hand, ‘Land’ is defined as immovable property. Subsequently, we can infer that ‘Land ’ is a 
type of ‘Property ’, falling under the tangible category. There are other types of  ’Property ’, as explained 
above.  
 We can, thus, conclude based on the information mentioned a bove  that ‘Property ’ and ‘Land ’ as per the 
legal definitions cannot be used interchangeably and are defined independently.  
Pakistan’s property definitions are further classified under immovable and moveable properties.  As per 
these,  immovable property incl udes the following:  
 Land, buildings , and b enefits gained from  land and other things attached to the earth  
 Permanently fastened to anything attached to th e earth  
 Hereditary allowances  
 Rights to ways

 Rights to ways  
     
  PIDE  KNOWLEDGE BRIEF  
    No. 202 2:63 March  17

2  Lights  
 Ferries  
 Fisheries  
The following, however, are not to be considered as immovable property : 
 Standing timber  
 Growing crops or grass  
 Fruit upon and juice in trees regardless of whether it exists presently or currently is just expected to 
grow in future  
 Machinery embedded in the earth,  particularly in cases wh ere it is  dealt with apart from the land.  
The above  are thus considered under ‘Moveable Property ’. This is because of the definition of ‘Moveable 
Property ’, explained in reference to immovable properties. In summation, a ll property that cannot be defined as 
immovable property  shall be considered ‘Moveable Property ’.  
 
Fig. 1.  Immovable vs. Movable Property  
 
LAND  OWNERSHIP:  WHO  IS ALLOWED?  
The property rights are defined and protected under the Constitution of Pakistan through various laws and 
rules and regulations. Special a nd specific laws are in place  to define and protect different types of property

rules and regulations. Special a nd specific laws are in place  to define and protect different types of property 
rights.  
''Immovable Property''  
- Land  
- Buildings  
- Things Attached to Earth  
- Ferries  
- Fisheries  
But Doesn't Include . . .  
- Crops or Grass, Fruits, Trees  
-Standing Timber  
- Machinery attached to Earth  ''Movable Property''  
 
"Everything that is not defined as 
immovable property is defined as 
movable property.''

3 Four articles of the Constitution of Pakistan deal with private property rights in th e country. These include 
Articles1 23, 24, 172 , and 173.  
 
Regulation and Administration of Property Rights with Special Reference to Land Records   
The system of land records and enforcement of property rights system in Pakistan are  closely tied to  the 
‘Revenue Collection’ system. Since colonial times, revenue departments have done law enforcement of 
property rights and recording and maintenance of land . The respective revenue departments of prov inces are in 
charge of land administration and enforcement of property rights.2  
These provincial revenue departments are ‘ with which every person has to come in contact concerning  any 
matter in rel ation to or arising out of land’ .3 However, the system is devolved so that immediate maintenance of 
and hence any changes in land records happens at the sub -district level , i.e., the Village and Tehsil levels.4 The

and hence any changes in land records happens at the sub -district level , i.e., the Village and Tehsil levels.4 The 
figure above depicts the formal levels characteristic of this devolution  (See Figure 2) . 
 
Fig. 2.  Levels of Land Revenue and Administration System  
 
1 Constitution of Pakistan  
Article 23 : 'Every citizen shall have the right to acquire, hold and dispose of property  in any part of Pakistan, subject to the 
Constitution and any reasonable  restrictions imposed by law in the public interest'.  
Article 24 : ‘No property shall be compulsorily acquired or taken possession of save  for a public purpose, and save by the 
authority of law which provides for  compensation therefore and either fixes the amount of compensation or  specifies the principles on 
and the manner in which compensation is to  be determined and given'.

and the manner in which compensation is to  be determined and given'.  
Article 172 : ‘Any property, which has no rightful owner shall, if located in a province,  vest in the Government of that pro vince 
and in every other case, in the  Federal Government’.  It simply means that if either the federal or the Provincial Government  does not 
own a property, then private individuals shall own it.  
Article 173 establishes Federal and Provincial Governments’ r ights to purchase or acquire any property that shall vest in the 
Federal or concerned Provincial Government   
2 A GUIDE ON LAND AND PROPERTY RIGHTS IN PAKISTAN (2012)  pg. 15  
3 Ibid.  
4 The basic unit for revenue administration and land administration is village/mauza. ‘Patwari’ is the most junior official wit hin 
the revenue cadre but performs the important role of maintenance of land record registers. However, for administrative conven ience, it

the revenue cadre but performs the important role of maintenance of land record registers. However, for administrative conven ience, it 
is at the Tehsil level that these records are verified. The revenue officer at the Tehsil level called the ‘Tehsildar’ direct ly supervises all 
‘patwaris’ in his/her tehsil. The ‘Tehsildar’ office is also in charge of making sure that all records m ade by ‘patwaris’ are correct and 
updated. Furthermore, the ‘Tehsildar’ office is also responsible for sanctioning of sale, purchase and mutation of land.

4 This land record keeping and administration system has been in practice since the middle of the  18th 
Century . The most easily traceable modern law that this system emanates from is the Law Revenue Act, 1967. 
All provinces and regions in Pakistan have adopted th is law with minor changes and made relevant revenue and 
administration rules.5  
 
LAND  RECORD  
Land record s are the backbone of property rights enforcement. If no mechanism of maintaining land 
record s exists, enforcement of property rights is impossible. Land  records are essential not only for tracking and 
recording land ownership but also for revenue collection.  
 
An efficient Land Record System must have some essential  characteristics:  
 It should maintain the record of measurement, identification, partition, and delineation of the 
landholding.  
 It should be able to  identify and differentiate between cultivable and non -cultivable land.

 It should be able to  identify and differentiate between cultivable and non -cultivable land.  
 Village common land used for the collective purpose such as graveyards, grazing lands, community 
buildings etc. , must be properly identified.  
 Land ownership and transfer of ownership data must be efficiently maintained.  
In Pakistan, to update the ‘Record of Rights ’, a comprehensive Settlement Operation is conducted every 
25 years. Following the Settlement Operation, Jamabandi is conducted every four years to prepare a Register of 
Mutations, commonly known as ‘Intaqalat’.  
Land revenue remains one of the significant  sources for tax collection, and hence there is a well -
established system of land value assessment. Upon completion, the land records are handed over to the 
District Collector, and the team moves on to the next district. The downside to the settlement operation is

District Collector, and the team moves on to the next district. The downside to the settlement operation is 
that it is highly time -consuming, taking three to four years on average to conduct the operation in just one  
district.   
                                                           
5 A GUIDE ON LAND AND PROPERTY RIGHTS IN PAKISTAN (2012)  
BOX 1: Settlement Operation  
 
Settlement Operations are being carried out since the mid -18th century for the purpose of Land Record maintenance. It 
is a vast operation conducted under the supervision of Revenue Department and led by the Settlement Officer. 
Settlement Officers during the Settlement Operations are extended the powers  of Collector, which normally is the 
power of Revenue Deputy Commissioner.  
 
The operation has two main objectives:  
1. Conducting survey of the district to measure and map the land of every village.  
2. To ascertain the value of total revenue due from a district before apportioning of the revenue among the land 
holders.

5 Laws Regulating  Property Rights in Pakistan  
Fig. 3.  Laws Regulating Property Rights in Pakistan  
 
The laws that regulate property rights in Pakistan and  are relevant to our research questions are 
summari sed in the section below.  
(i) Land Revenue Act, 19676 – Each province has its own set of laws that emanate from the Land 
Revenue Act, 1967. This is the basic law that deals with the records of rights and transfers through 
mutations. Each of the provinces has adopted this law, albeit with minor changes .  
(ii) Tran sfer of Property Act, 18827 – The general law describ ing and regulating matters of property 
transfer  (lease, sale, mortgage , etc.) is the Transfer of Property Act, 1882.  
(iii) Registration Act, 19088 – The general law that regulates the registration of documents is the 
Registration Act, 1908. This law is applicable in our context, as whenever property rights are 
transferred or mutated, often requisite docume ntation needs to be registered( particularly in urban

transferred or mutated, often requisite docume ntation needs to be registered( particularly in urban 
areas) . 
(iv) Local and Special Laws – These local  and special laws include laws governing housing societies 
whether they fall under the private category, cooperative societies, mutual societies , and cantonment 
boards , etc.  
Some of the above -mentioned laws are more relevant in a rural context , whereas others are more 
applicable in urban areas. Some laws have ‘overlapping applications ’ but on a general and practical levels , laws 
governing  immovable property in  rural areas are different from  the urban areas ' immoveable property laws .9 As 
we move forward and discuss the processes involved, this difference will become more apparent .  
                                                           
6 West Pakistan Land Revenue Act, 1967  
7 Transfer of Property Act, 1882

7 Transfer of Property Act, 1882  
8 The Registration Act, 1908  
9 A GUIDE ON LAND AND PROPERTY RIGHTS IN PAKISTAN (2012), UN -Habitat, pg. 7

6 How are Property Rights Transferred in Pakistan?  
The fundamental  law regulating property transfer  in Pakistan is the Transfer of Property Act, 1882. This 
law, along wi th Land Revenue Act, 1967 and Registration Act, 1908 , regulates the transfer of immovable 
property (land) in Pakistan. The processes and steps involved in transferring  property differ depending on 
whether the land to be transferred is ‘rural’ or ‘urban’.  
The following sections  outline the steps involve d in each of the two cases.  
 
BOX 2: Transfer of Property Rights in Rural Areas  
Note: The basic law that regulates transfer of immovable property/land in rural agriculture areas is the 
Land Revenue Act, 1967 , its respective provincial versions and land rules enacted using the 
aforementioned act from time to time. Furthermore, the Transfer of Property Act, 1882 supplements the 
aforementioned law particularly with reference to defining ‘property’, ‘transfer’ an d relevant limits and 
conditions.

conditions.  
Step 1 – Any sane person or a minor (through their leg al guardian) can report to the Patwari  their intention 
to transfer their property rights. (sale, mortgage, gift or otherwise) If such a transfer has already taken plac e 
and the owner has died, then the report to patwari has to be made within three months.  
Step 2 – Upon being notified, the patwari is supposed to enter and record the intention to transfer rights 
in his/her daily register, and provide a free of charge cop y of the entries in their daily register to the 
person reporting the event. Furthermore, the patwari is supposed to inform the concerned union council 
for public display of what has been reported to him/her. The patwari then has the responsibility to take 
the case higher up the revenue ladder (tehsildar office), so that entries are changed in the mutations 
register.

register.  
Step 3 – A revenue officer in the concerned office of tehsildar (normally tehsildar or naib -tehsildar) is 
supposed to check, verify and then e ither accept or reject the transfer. Tehsildar has the power to reject any 
transfer expect those that involve cases of inheritance, are done through a registered deed or have been 
decreed by a court of law.  
Step 4 – The revenue officer from the office of tehsildar is supposed to note the precise description of rights 
that are being transferred, get signature of the person whose rights are being acquired, and make sure that the 
person is correctly identified by two persons, usually village headmen or member s of the concerned union 
council.  
Step 5 – Ideally such a proposed transfer is to be verified through an open assembly of landlords from the 
area before records are changed in the mutations register.

council.  
area before records are changed in the mutations register.  
Step 6 – Typically it is not obligatory in rural areas to register the transfer of property separately. But in 
some cases it may be require or advisable to register this transfer under the Registration Act, 1908.

7  
 
PROPOSED AND ONGOING REFORMS TO THE LAND RECORD & MANAGEMENT SYSTEM  
In recent years , there has been a push across all provinces and federal territories to digiti se all the 
land records and create more efficient management and transfer systems through the aid of technology . 
Some provinces are ahead of others in this regard regarding  digiti sing technology to aid record -keeping 
and management of records and transfers. For instance , an efficient system is being implemented under 
Punjab's provisions of the Punjab Land Record Authority Act, 2017 . ‘Arazi Record Centers’ are being set 
up in each tehsil that shall have digiti sed records of all land ownership. The processes in areas where 
these centers are already operational might be slightly different from  what is described above in this 
brief. How ever, despite this digiti sation, the old system used for record -keeping and maintenance of

brief. How ever, despite this digiti sation, the old system used for record -keeping and maintenance of 
records as described in this brief is still runs in parallel . It often takes precedence in case of any 
discrepancy.  
 
BOX 3: Transfer of Property Rights in Urban Area s 
Note: The basic laws regulating transfer of property in urban areas include Land Revenue Act, 1967, 
Transfer of Property Act, 1882 and Registration Act, 1908.  
All transfers of immovable property in urban areas are required to be registered und er the Registration Act, 
1908. This registration is necessary for official property records and tax purposes. This registration is done 
with the concerned sub -registrar which is normally the tehsildar office. Once the registration is made, then 
the office of tehsildar makes the mutation in the revenue records.  
The most common mode of transfer of immovable property in urban areas is through sale/purchase. The processes  
involved in this are summari sed below:

involved in this are summari sed below:  
Process 1 – Obtain ‘Fard ’ for proof of ownership from relevant office within the revenue department, if one 
is not in possession already.  
Process  2 – Use the appropriate stamp paper to draft the sale deed/contract. Usually experienced deed writers 
and/or lawyers are hired for th is purpose.  
Process  3 – Payment of relevant stamp duty fees, capital gains tax and other related fees  
Process  4 – Registration of the sale deed with the relevant sub -registrar in whose jurisdiction the property is 
located.  
Process 5 – Eventual mutation in the sub -registrar office in the revenue record.  
Note:  A significant percentage of total land in urban areas in Pakistan is covered by private housing 
societies, cooperatives and cantonments. For transfer of land (including sale /purchase ) in these areas ,

societies, cooperatives and cantonments. For transfer of land (including sale /purchase ) in these areas , 
involved parties don’t necessarily follow the processes mentioned above. This is because most of the 
time, the housing society or cooperative owns all of its land in the official revenue records. The owners 
of land and other immovable property are given ‘allotment letters’ which serve the purpose of proof of 
ownership /possession . These allotment letters are used when properties are being transferred. Sale deeds 
are drafted and signed by involved parties on stamp papers, but the entire transaction can be c ompleted 
in coordination with the relevant housing authority’s office without the need to go the sub -registrar 
office or any office of the provincial revenue system.

8 REFERENCES  
Punjab Land Record Authority Act,  2017 . 
The Constitution of Islamic Republic of Pakistan . 
The Registration Act, 1908 . 
Transfer of Property Act, 1882 . 
UN Habitat, 2012. A GUIDE ON LAND AND PROPERTY RIGHTS IN PAKISTAN . Available at: http://  
unhabitat .org.pk/wp -content/uploads/2021/07/A -Guide -on-Land -and-Property -Rights -in-Pakistan.pdf  
West Pakistan Land Revenue Act, 1967 .

ACE Guide Book  
THE PAKISTAN CRIMINAL LAW AMENDMENT ACT, 1958  
(XL of 1958)  
23rd  September, 1958  
An Act to repeal and re -enact, with certain amendments,  
the Pakistan Criminal Law amendment Act, 1948.  
Preamble --WHEREAS it is expedient to repeal and re -enact, with 
certain amendments, the  Pakistan Criminal Law Amendment Act, 1948, 
providing for the more speedy trial and more effective punishment of certain 
offences;   
 It is hereby enacted as follows: - 
1.  Short title, extent and commencement --(1) This Act may be called 
the Pakistan  Criminal Law Amendment Act, 1958.  
(2)  It extends to the whole of Pakistan  and applies to all citizens of Pakistan 
and public servants wherever they may be.  
 
(3)  It shall come into force at once.   
2.  Definitions -- In this Act, unless there is anything repu gnant in the 
subject or context, - 
a. “ appropriate Government” means in rel ation to a person serving in 
connection with the affairs of (Center ) and any other person employed by

connection with the affairs of (Center ) and any other person employed by 
the Federal Government or (by a Corporation or other body or 
organization (set -up, controlled or administered by, or under the 
authority of), the Federal Government, the Federal Government and in 
other cases, the Provincial Government concerned :  
b. “public servant” means a public servant as defined in section 21 of the 
Pakistan Penal Code  (and includes an employees of any cooperation  or  
other body of organiz ation (setup controlled or administrate d by, or 
under the authority of) the Federal Government.  
c. “Special Judges ” means a Special Judge appointed under sub section (1) 
of Section 3.  
3.  Appointment of Special Judges  –(1) The appropriate Government shall, b y 
notification in the official Gazette, appoint as many Special Judges as may 
be necessary to try and punish offences specified in the Schedule.

be necessary to try and punish offences specified in the Schedule.  
 (2)  No person shall be appointed a Special Judge unless he - 
a. is, or is qualified to be , a Judge of a High Court or  
b. is or has been a session Judge or an Additional Sessions Judge or 
a District Magistrate or an Additional District Magistrate and has 
not retired from Government Service or at any time been removed 
or dismissed from such service ; 
  
Provide d that no Assistant Session Judge shall be appointed as Special 
Judge unless he has been an Assistant Session Judge for not less 
than three years.

Provided  further that no District Magistrate or Additional District Magistrate 
shall be appointed a Special Judge unless he has exercised either 
the powers of a Magistrate 1st Class for not less than 10 years of 
Powers under section 30 of Criminal Procedure Code for not less 
than 3 years.  
4.   Jurisdiction of Special Judges and cognizance of  cases by 
them—(1) A Special Judge shall have jurisdiction within such territorial limits 
as may be fixed by the appropriate Government by notification in the official 
Gazette and may take cognizance of any offence committed or deemed to have 
been committe d within such limits and triable under this Act upon receiving a 
complaint of facts which constitute such offence or upon a report in writing of 
such facts made by any police officer.  
 
(2)   Two or more Special Judges have jurisdiction, wholly or partly in  
the same territorial limits, the appropriate Government shall, by notification in

the same territorial limits, the appropriate Government shall, by notification in 
the official Gazette, declare one of them to be the Senior Special Judge for that 
area.  
(3)   An offence shall be tried by the Special Judge within the territorial 
limits of  whose jurisdiction it was committed or deemed to have been 
committed, or where there are more Special Judges than one having 
jurisdiction within the same territorial limits,  by such one of them as may 
specified ; in this behalf by  the Senior Special Judge.  
(4)  When an offence triable under this Act is committed outside 
Pakistan, it shall, for the purposes of this Act, be deemed to have been 
committed within the territorial limits of the jurisdiction of the Special Judge in 
which the person  committing  the o ffence is found.  
 
5.   Offences to be tried by Special Judges --(1) Notwithstanding

5.   Offences to be tried by Special Judges --(1) Notwithstanding 
anything contained in the code of Criminal procedure, 1898, or in any other 
law, the offences specified in the Schedule shall be triable exclusively by a 
Special Judge.  
 (2)   The appropriate Government may, from time to time by notification 
in the official Gazette , Include in the Schedule such other offences as it deems 
necessary or expedient.  
(3)   All cases relating to the offences specified in the Schedule and 
pending ; in any Court other than the Court of a Special Judge immediately 
before the commencement of the Criminal Law Amendment Act, 1953, or this 
Act shall, on such commencement, stand transferred to the Court of the 
Special Judge having jurisdiction over such ca ses.  
(4)   Whenever an offence is included in the Schedule by a notification 
of the appropriate Government made under subsection (2), all cases relating to

of the appropriate Government made under subsection (2), all cases relating to 
that offence pending in any court other than the Court of a Special Judge 
Immediately before such n otification shall stand transferred to the court of the 
Special Judge having jurisdiction over such cases.   
 
(5)   In respect of cases transferred to a Special Judge under  the 
provisio to sub section (3) o r sub Section (4) or by virtue sub section (3) or

subsection (4) of  this section , such Judge shall not, by reason of the said 
transfer, be bound to recall and rehear any witness who has given evidence in 
the case before transfer and may act on the evidence already recorded by or 
produced before the court which tried the case before the transfer.  
 
(6)   For the purpose of trial before a Special Judge the provision of 
Chapter XVIII of the Court of Criminal Procedure ,1898 , shall not be applicable , 
but a special Judge may , in any case ; where he deems it necessary , or any 
investigation by any police officer in who’s jurisdiction the offence was wholly 
or partly committed.   
(7)   When trying an offence under this Act a Special Judge may also 
charge with and try other offences not so triab le with which the accused may, 
under the provisions of the Code of Criminal Procedure, 1898, relating to the 
joinder of charges, be charged at the same trial.   
6.   Procedure in trial of cases and powers of Special Judges – (1)

6.   Procedure in trial of cases and powers of Special Judges – (1) 
The provisions of the Code o f Criminal Procedure, 1898 , except those of 
chapter XXXVIII of the Court shall, in so far as they are not inconsistent with 
this Act, apply to the proceedings of the Court of a Special Judge and for the 
purposes of the said provisions, the Court of a Special Judge shall be deemed 
to be a C ourt of Session  trying cases without  the aid of assessors or jury, and a 
person conducting prosecution before the court of a Special Judge shall be 
deemed to be a public prosecutor.  
(2)   Notwithstanding anything contained in the  Code of Criminal 
Procedure , 1898, in the case of any offence punishable under (Section 161 to 
165, Section 165 -A, Section s 406 to 409, Section 420, Section s 465 to 468 or 
Section 477 -A of the Pakistan Penal Code, or under Section 5 of the Prevention 
to Corruption Act , 1947, at any stage of investigation, enquiry, a District

to Corruption Act , 1947, at any stage of investigation, enquiry, a District 
Magistrate of Sub Divisional Magistrate or a Magistrate of the first class , and at 
any stage of trial the Special Judge, with a view to obtaining the evidence of 
any person supposed to have been directly or indirectly concerned in or privy to 
the offence, may for reasons to be recorded in writing tender pardon to such 
person on c ondition of his making a full and true disclosure of the whole of the 
circumstances within his knowledge relative to the offence and to every other 
person concerned, whether as principal or a better, in the commission thereof 
and any pardon so tendered sha ll, for the purposes of sections 339 and 339 -A 
of the Code of Criminal Procedure , 1898, be deemed to have been tendered 
under section 337 or, as the case may be under section 338 of that Code ;  
Provided that in every case where a person has accepted a pard on

Provided that in every case where a person has accepted a pard on 
deemed to have been tendered under section 337, the Magistrate shall, without 
making any further enquiry, send the case for trial to the Court of the Special 
Judge having jurisdiction over such case.  
 
(3)   The provisions of Chapter XX of the  Code of Criminal Procedure , 
1898, shall apply to trial of cases under this Act in so far as they are not 
inconsistent with the provisions of this Act.  
 
(4)   Notwithstanding anything  contained in this Act, the Special Judge 
may convict the accused of any offence which from the facts admitted or proved 
he appears to have committed.

(5)   Notwithstanding anything contained in the Code of Criminal 
Procedure, 1898, or any other Law, previ ous sanction of the appropriate 
Government shall be required for the prosecution of a public servant for an 
offence under this Act and such sanction shall be sufficient for the prosecution 
of a public servant for an offence tri bal under this Act ;  
Provided  that in cases where the complaint or report referred to in 
subsection s (1) of section 4 is not accompanied by such sanction the Special 
Judge shall, immediately on receipt of the complaint or report, address, by 
letter, the appropriate Government in the m atter, and if the required sanction 
is neither received not refused with sixty days of the receipt of the letter by the 
appropriate Government, such sanction shall be de emed to have been duly 
accorded;   
Provided further that no such sanction shall be requi red in respect 
of a case transferred under the proviso to subsection (3) of section 4 or by

accorded;   
of a case transferred under the proviso to subsection (3) of section 4 or by 
virtue of sub section (3) or sub - section (4) of section 5, if such sanction in 
respect thereof, has been duly accorded before the case is so transferred.  
Explanat ion - For the purpose of this subsection ,  
“appropriate Government” shall mean the Government which at the time of the 
commission of the offence was the appropriate Government.  
(6)   The Federal Government in cases sent up by the Pakistan Special 
Police E stablishment for trail, and in all other cases, the Provincial 
Government, or an officer authorized in this behalf by the Federal or the 
Provincial Government, as the case may be, shall, by general or special order, 
appoint one  or more persons to conduct p rosecution before any Special Judge.  
(7)   The previous statements of witnesses to be examined for the

(7)   The previous statements of witnesses to be examined for the 
prosecution at the trial shall be supplied to the accused at least one week 
before the commencement of the trial.  
7.   Special rules of evidence -- (1) When any person is charged 
before a Special Judge with an offence triable under this Act, the fact that such 
person or any other person through him or on his behalf, is in possession, for 
which he cannot satisfactorily account, of pecuniary resources, or property 
disproportionate to his known sources of income, or that such person has, on 
or about the time of offence with which he is charged, obtained an accretion to 
his pecuniary resources or property for which he cannot satisfactorily account, 
may be proved, and may be taken into consideration by the Special Judge as a 
relevant fact in deciding whether he is guilty of the particular offence with 
which he is charged.

which he is charged.  
(2)   Where in any trial before a Special Judge of an offence punishable 
under sections  161 to 165 of the  Pakistan  Penal Code (XLV of 1860), it is 
proved that an accused person has accepted or obtained, or has agreed to 
accept or attempted to obtain, for himself or for any other person, any 
gratification (other than legal remuneration) or an y valuable thing, or any 
pecuniary advantage from a person or the agent of a person, for any favour 
shown or promised to be shown by the accused person, it shall be presumed, 
unless the contrary is proved, that he accepted or obtained, or agreed to accept 
or attempted to obtain, that gratification, or that valuable thing, or pecuniary 
advantage to himself or some other person, as the case may be, as a motive or 
reward such as is mentioned in sections 161, 162 and 163 of the

West Pakist an Penal Code (XLV of 1860), or  as the case may be, without 
consideration, or for a consideration which he knows to be inadequate.  
(3)   Where in any trial of an offence punishable under section 165 of 
the Pakistan  Penal Code (XLV of 1860), it is proved that any gratification ( other 
than legal remuneration) or any valuable thing has been given or offered to be 
given or attempted to be given by an accused person, it shall be presumed 
unless the contrary is proved that he gave or offered to give or attempted to give 
the gratificat ion or valuable thing, as the case may be, as a motive or reward 
such as is mentioned in section 161 of the said Code or, as the case may be, 
without consideration or for a consideration which he knew to be inadequate.  
(4)   Notwithstanding anything contai ned in sub -sections (2) and (3), 
the Court may decline to draw the presumption referred to in either of the said

the Court may decline to draw the presumption referred to in either of the said 
sub-sections, if the gra tification or thing aforesaid , in its opinion, so trivial that 
no inference of corruption may fairly be drawn.  
8.   Bar on trial de novo – A Special Judge, unless he otherwise 
decides, shall not be bound to recall or rehear any witness, whose evidence has 
already been recorded, or to re -open proceedings already held, but may act on 
the evidence already produced or recorded  and continue the trial from the 
stage which the case has reached.  
9.   Punishment of offences – When any person charged before a 
Special Judge with an offence triable under this Act is found guilty of the 
offence the Special Judge shall, notwithstanding a nything contained in any 
other law, whether or not he imposes a sentence of imprisonment, impose a 
sentence of fine which shall not be less than the gain found to have been

sentence of fine which shall not be less than the gain found to have been 
derived by the accused by the  commission of the offence.  
10.   Appeal, revision and  transfer of cases -- An appeal from the 
judgment of a Special Judge shall lie to highest court having appellate 
jurisdiction in the territorial limits in which the offence is tried by the Special 
Judge, and the same court shall also have powers of revisio n.  
(2)   Notwithstanding the provisions of section 417 of the  Code of 
Criminal Procedure , (V of 1898 ), in any case tried by a Special Judge appointed 
by the Federal Government under section 3, in which such Special Judge has 
passed an order of acquittal,  the Federal Government may direct the Public 
Prosecutor to present an appeal to such Court as aforesaid.  
(3)   The aforesaid court shall have authority to transfer any case from  
the Court of a Special Judge to the Court of another Special Judge:

the Court of a Special Judge to the Court of another Special Judge:  
Provided that notwithstanding anything contained in section 526 
of the  Code of Criminal Procedure , (V of 1898), the Special Judge from whose 
Court a transfer is desired, shall not be bound to adjourn the case, but if he 
rejects a request for adjournment, he shall record his reasons for doing so.  
(4)   No prosecution under this Act against any person either generally  
or in respect of any one or more of the offences for which he is being tried shall 
be withdrawn except under the orders in writing of the  appropriate 
Government.  
11.    Bail and Imprisonment  -- (1) Notwithstanding anything contained 
in the Second Schedule  to the  Code of Criminal Procedure , 1898, or any other

law for the time being in force, offences triable by a Special Judge under this 
Act shall be deemed to be non -bailable.  
(2)   Any offence triable under this Act which is punishable with simple 
imprisonment shall be deemed to be punishable with imprisonment of either 
description.  
12.  Power to make rules -- (1) The appropriate Government may 
frame rules to carry out the purposes o f this Act.  
(2)   In particular, and without prejudice to the generality of the 
foregoing powers, such rules may provide for any of the following matters, 
namely: - 
a.  Authorization of person to exercise the power to sanction 
persecution on behalf of the appropriate Government in respect of 
various grades of public servants.  
(b)  The emoluments of the Special Judges, and their appointment;  
(c)  Territorial limits of the  jurisdiction of Special Judges and the place 
and time of sitting of the Courts presided over by the Special 
Judges.

Judges.  
(d)  The summoning of witnesses and compelling the production of 
documents and the penalty for disobeying, or evading the same, in 
addition  to or substitution of the provisions of the  Code of Criminal 
Procedure , 1898.  
(e)  Matters incidental to the above.  
 
13.  Military, naval and air force law not to be affected -- Nothing in this 
Act shall affect the jurisdiction exercised by, or the procedure applicable to, 
any Court or other authority under any military, naval, or air force law.  
14.  Repeal and saving s – (1) The Pakistan Criminal Law Amendment Act, 
1948, i s hereby repealed.  
(2)  Anything done or action taken before the commencement of this Act 
during any trial or proceedings before a Special Judge or other wise under the 
aforesaid Act shall be deemed to have been done or taken under this Act as if

aforesaid Act shall be deemed to have been done or taken under this Act as if 
this Act w as in force at the time such thing was done or action taken.  
The Schedule  
(See Section 5)  
a. Offences punishable under sections 161 to 166, 168, 217 and 218 
of the Pakistan Penal Code, and as attempts, abetments and 
conspiracies in relation thereto or connec ted therewith.  
b. Offences punishable under section 403 to 409 to 420, 463, 471 -A 
and 477 -A of the Pakistan Penal Code, and as attempts, abetments 
and conspiracies in relation thereto or connected therewith, when 
committed by any public servant as such or by  the person acting 
jointly with or abetting or attempting to abet or acting in 
conspiracy with any pub lic servant as such.

c. Offences punishable under the prevention of Corruption Act, 1947, 
and as attempts, abetments and conspiracies in relation there to o r 
connected therewith.

The 
Transfer of Property Act, 1882 
 
ACT NO. IV OF 1882 
 
[17th February 1882] 
 
An Act  to amend the 
Law relating to the Transfer of Property by Act of Parties. 
 
                Preamble . Whereas it is expedient to define and amend certain 
parts of the law relating to the Transfer  of Property by Act of parties; It is 
hereby enacted as follows: - 
 
CHAPTER 1 
PRELIMINARY 
 
            1.  Short title,  Commencement,  Extent. This Act may be called 
the Transfer of Property Act, 1882.  It shall come into force on the first day of July. 1882.  This Act or any Part thereof may by notification in the 
official Gazette be extended to the whole or any part of [a Province] by the Provincial Government]. 
And any [Provincial Government] may, from time to time, by 
notification in the [official Gazette ], exempt either retrospectively 
prospectively, and part of the territories administered by such [Provincial 
Government] from all or any of the following provisions, namely:

Section 54, paragraphs 2 and 3, 59, 107 and 123.] 
Notwithstanding anything in the fo regoing part of this section, 
section 54, paragraphs 2 and 3, 59, 107 and 123 shall not extend or be 
extended to any district or tract of country for the time being excluded 
from the operation of the Registration  Act, (XVI of 1908) [1908], under the 
power conferred by the first section of that Act or otherwise. 
 
2.  Repeal of Acts . Saving of certain enactments, incidents, 
rights, liabilities, etc.  In the territories to which this Act extends for the 
time being the enactments specified in  the Schedule hereto annexed shall 
be repealed to the extent therein mentioned. But nothing herein contained 
shall be deemed to affect- 
(a)  the provisions of any enactment not hereby expressly 
repealed: 
(b) any terms or incidents of an y contract or Constitution of 
property which are consistent wi th the provisions of this 
Act, and are allowed by the law for the time being in force;

repealed: 
Act, and are allowed by the law for the time being in force; 
(c)  any right or liability arising out of a legal relation 
constituted before this Act comes into force, or any relief in respect of any such right or liability; or 
(d) save as provided by section 57 and Chapter IV of this Act, 
any transfer by operation of la w or by, or in execution of, a 
decree or order of a Court of competent jurisdiction; 
and nothing in the Second Chapter of this Act shall be deemed to 
affect any rule of [Muslim] law. 
3.  Interpretation clause.  In this Act, unle ss there is something 
repugnant in the subject or context, - 
'immovable property' does not include standing timber, growing 
crops or grass; 
'instrument' means a non-testamentary instrument: 
'attested', in relation to an instrument, means ^and shall be deemed

'attested', in relation to an instrument, means ^and shall be deemed 
always to have meant] attested by two or more witnesses each of whom 
has seen the executant sign or affix hi s mark to the instrument, or has seen 
some other person sign the instru ment in the presence and by the

direction of the executant, or has re ceived from the executant a personal 
acknowledgment or his signature or mark, or of the signature of such 
other person, and each of whom has signed the instrument in the presence 
of the executant; 
but it shall not be necessary that more than one of such witnesses 
shall have been present at the same time, and no particular form of 
attestation shall be necessary;] 
'registered' means registered in [a Province] under the law 'for the 
time being in force regulating the registration of documents; 
'attached to the earth' means- 
(a)  rooted in the earth, as in the case of trees and shrubs; 
(b) imbedded in the earth, as in th e case of walls or buildings; or 
(c)  attached to what is so imbedded for the permanent 
beneficial enjoyment of that to which it is attached: 
'Actionable claim' means a claim to any debt, other than a debt 
secured by mortgage of immovable property or by hypothecation or 
pledge of movable property, or to any beneficial interest in movable

pledge of movable property, or to any beneficial interest in movable 
property not in the possession, either actual or constructive, of the 
claimant, which the Civil Courts recogn ize as affording grounds for relief, 
whether such debt or beneficial interest be existent, accruing, conditional o contingent;] 
['a person is said to have notice' of a fact when he actually knows 
that fact, or when but for wilful abstention from an inquiry or search 
which he ought to have made, or gross . negligence, he would have 
known it. 
Explanation  1. -Where any transaction relating to immovable 
property is required by law to be an d has been effected by a registered 
instrument, any person acquiring such property or any part of, or share or 
interest in, such property shall be deemed to have notice of such 
instrument as from the date of regist ration or, ''[where the property is not

instrument as from the date of regist ration or, ''[where the property is not 
all situated in one sub-district, or where the registered instrument has 
been registered under Sub-section (2) of section 30 of the Registration Act, 
1908, (XVI of 1908) from the earliest date on which any memorandum of 
such registered instrument has been  filed by any Sub-Registrar within

whose sub-district any part of the prop erty which is being acquired, or of 
the property wherein a share or interest is being acquired, is situated]: 
Provided that- 
(1) the instrument has been registered and its registration 
completed in the manner prescribed by the Registration Act, 
1908, (XVI of 1908). and-the rules made thereunder, 
(2) the instrument '[or memorandu m] has been duly entered or 
filed, as the case may be, in books kept under section 51 of 
that Act, and 
(3) the particulars-regarding  the transaction to which 
instrument relates have been correctly entered in the indexes 
kept under section 55 of that Act. 
Explanation  II.-Any person acquiring any immovable property or 
any share or interest in any such prop erty shall be deemed to have notice 
of the title, if any, of any person who is for the time being in actual 
possession thereof. 
Explanation  III.-A person shall be deem ed to have had notice of 
any fact if his agent acquires notice thereof whilst acting on his behalf in

any fact if his agent acquires notice thereof whilst acting on his behalf in 
the course of business to which that fact is material: 
Provided that, if the agent fraudulently conceals the fact, the. 
principal shall not be ch arged with notice thereof as against any person 
who was a party to or otherwise cognizant of the fraud. 
 
4.  Enactments relating to contracts to be taken as part of 
Contract Act.  The chapters and sections of this Act which relate to 
contracts shall be taken as part of the Contract Act. 1872 (IX of 1872). 
[And section, 54 paragraphs 2 and 3, 59, 107 and 123 shall be read as 
supplemental to the Registrat ion Act, 1908] XVI of 1908.

CHAPTER II 
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES 
(A) Transfer of Property, whether moveable or immovable 
 
                5. Transfer of property defined.  In the following sections 
'Transfer of Property' means and ac t by which a living person conveys 
property, in present or in future, to one or more other living persons, or to 
himself, [or to himself] and one or more other living persons: and 'to 
transfer property' is to perform such act. 
[In this section 'living person' incl udes a company or association or 
body of individuals, whether incorporated or not, but both in herein 
contained shall affect any law for th e time being in force relating to 
transfer of property to or by companies, associations or besides of individuals. 
 
6. What may be transferred.  Property of any kind may be 
transferred, except as otherwise provid ed by this Act or by any other law 
for the time being in force- 
(a) The chance of an heir-apparent succeeding to an estate, the

(a) The chance of an heir-apparent succeeding to an estate, the 
chance for relation obtaining a legacy on the death of a 
kinsman, or any other mere possibility of a like nature, 
cannot be transferred. 
(b)  A mere right of re-entry for breach of a condition 
subsequent cannot be transferred to any one except the 
owner of the property affected thereby. 
(c)  An easement cannot be tran sferred apart from the dominant 
heritage. 
(d)  An interest in property restricted in its enjoyment to the 
owner personally cannot be transferred by him. 
(dd)  A right to future maintena nce, in whatsoever manner arising 
secured or determined, cannot be transferred.]

(e) A mere right to sue cannot be transferred. 
(f) A public office cannot be transferred, nor can the salary of a 
public officer, whether before or after it has become payable. 
(g) Stipends allowed to military [ naval], [air-force] and civil 
pensioners for [the Government] and political pensions 
(h)  No transfer can be made (I) in so far as it is opposed to the 
nature of the interest affected thereby, or (2) [for an unlawful 
object or consideration within the meaning of section 23 of 
the Contract Act, 1872], (IX of 1 872) or (3) to a person legally 
disqualified to be transferred. 
[(i) Nothing in this section shall be deemed to authorize a tenant 
having an untransferable right of occupancy, the farmer of 
an estate in respect of which default has been made in 
paying revenue or the lessee of an estate under the 
management of a Court of Wards, to assign his interest as 
such tenant, farmer or lessee.]  
 
7.  Persons competent to transfer.  Every person competent to

7.  Persons competent to transfer.  Every person competent to 
contract and entitled to transferable property, or authorized to dispose of 
transferable property not his own, is competent to transfer such property 
either wholly or in part, and either absolutely or conditionally, in the 
circumstances, to the extent and in the manner allowed and prescribed by 
any law for the time being in force. 
 
8.  Operation of transfer.  Unless a different intention is 
expressed or necessarily implied, a transfer of property passes forthwith 
to the transferee all the interest which the transferor is then capable of 
passing in the property, and in  the legal incidents thereof. 
Such incidents include, where the pr operty is land, the easements annexed 
thereto, the rents and profit thereof accruing after the transfer, and all 
things attached to the earth; 
and, where the property is machinery attached to the earth, the

and, where the property is machinery attached to the earth, the 
movable parts thereof; 
and, where the property is a house, the easements annexed thereto, 
the rent thereof accruing after the transfer, and the locks, keys, bars, doors,

windows, and all other things prov ided for permanent use therewith; 
and, where the property is a debt or other actionable claim, the securities 
therefor (except where they are al so for other debts or claims not 
transferred to the transferee), but not arrears of interest accrued before the 
transfer; 
and, where the property is mone y or other property yielding 
income, the interest or income thereo f accruing after the transfer takes 
effect. 
 
9.  Oral transfer. A transfer of property may be made without 
writing in every case in which a writin g is not expressly required by law.  
 
10.  Condition restraining alienation.  Where property is 
transferred subject to a condition or limitation absolutely restraining the 
transferred or any person claiming under him from parting with or 
disposing of his interest in the prop erty, the condition or limitation is 
void, except in the case of a lease wh ere the condition is for the benefit of

void, except in the case of a lease wh ere the condition is for the benefit of 
the lessor or those claiming under, him. Provided that property may be 
transferred to or for the benefit of a woman (not being a Hindu, [Muslim] 
or Buddhist), so that she shall not have power during her marriage to 
transfer or change the same or her beneficial interest therein. 
 
11.  Restriction repugnant to interest created.  Where on a 
transfer or property, and interest therei n is created absolutely in favour of 
any person, but the terms of the transfer  direct that such interest shall be 
applied or enjoyed by him in a partic ular manner; he shall be entitled to 
receive and dispose of such interest as if there were no such direction. 
[Where any such direction has been made in respect of one piece of immovable property for the purpose of s securing the beneficial 
enjoyment of another piece of such pr operty, nothing in this section shall

enjoyment of another piece of such pr operty, nothing in this section shall 
be deemed to affect any right which the transferor may have to enforce 
such direction or any remedy which he may have in respect of a breach 
thereof.]   
 
12.  Condition making interest determinable on insolvency or 
attempted alienation. Where properly is transferred subject to a condition 
or limitation making any interest therein, reserved or given to or for the benefit or. any person, to case on hi s becoming insolvent or endeavouring

to transfer or dispose of the same, such condition or limitation is void. 
Nothing in this section applies to a co ndition in a lease for the benefit of 
the lessor or those claiming under him.  
 
13.  Transfer for benefit of unborn person.  Where, on a transfer 
of property, an interest therein is crea ted for the benefit of a person not in 
existence at the date of the transfer, subject to a prior interest created by 
the same transfer, the interest created for the benefit of such person shall 
not take effect, unless it extends to the whole of the remaining interest of 
the transferor in the property. 
Illustration 
A transfers property or which he is  the owner to B in trust for A 
and his intended wife successively fo r their lives, and, after the death of 
the survivor, for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the 
eldest son does not take effect, becaus e it does not extend to the whole of

eldest son does not take effect, becaus e it does not extend to the whole of 
A's remaining interest in the property.  
 
14.  Rule against perpetuity.  No transfer of property can operate 
to create an interest which is to take  effect after the life-time of one or 
more persons living at the date of such transfer, and the minority of some 
person who shall be in existence at the expiration of th at period, and to 
whom, if he attains full age, the interest created is to belong. 
 
15.  Transfer to class some of whom come under sections 13 
and 14. If, on a transfer of property, an interest therein is created for the 
benefit of a class of persons with reg ard to some of whom such interest 
fails by reason of any of the rules contained in sections 13 and 14, such 
interest fails ''[in regard to those persons only and not in regard to the 
whole class] 
 
16.  Transfer to take effect on failure of prior interest.  Where, 
by reason of any of the rules contai ned in sections 13 and 14, an interest

by reason of any of the rules contai ned in sections 13 and 14, an interest 
created for the benefit of a person or of a class of persons fails in regard to 
such person or the whole of such class, an interest created in the .same 
transaction and intended to take effect  after or upon failure of such prior 
interest also fails.

17.  Direction for accumulation.  (1) Where the terms of a 
transfer of property direct that the income arising from the property shall 
be accumulated either wholly or in part during a period longer than- 
(a) the life of the transferor, or 
(b) a period of eighteen years from the date of the transfer, 
such direction shall, save as hereinafter provided, be void to the extent to which the period during which the 
accumulation is directed exceeds the longer of the aforesaid 
periods, and at the end of su ch last-mentioned period the 
property and the income thereof shall be disposed of as if 
the period during which the a ccumulation has been directed 
to be made had elapsed. 
(2)  This section shall not affect any direction for accumulation 
for the purpose of- 
(i) the payment of the debts of the transferor or any other 
person taking any interest under the transfer or, 
(ii) the provision of portions for children or remoter issue of the 
transferor or of any other pers on taking any interest under

transferor or of any other pers on taking any interest under 
the transfer,' or 
(iii) the preservation or maintena nce of the property transferred; 
and such direction may be made accordingly. 
 
18.  Transfer in perpetuity for benefit of public.  The 
restrictions in sections 14, 16 and 17 shall not apply in the case of a 
transfer of property for the benefit for the public in the advancement of 
religion, knowledge, commerce, heal th, safely, or any other object 
beneficial to mankind. 
 
19. Vested interest.  Where, on a transfer or property, an interest 
therein is created in favour of a pers on without specifying the time when 
it is to take effect, or in terms specifying  that it is to take effect forthwith or 
on the happening of an event which mu st happen, such interest is vested,

on the happening of an event which mu st happen, such interest is vested, 
unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he 
obtains possession.

Explanations An intention that an in terest shall not be vested is not 
to be inferred merely from a provision whereby the enjoyment thereof is 
postponed, or whereby a prior interest in the same property is given or 
reserved to some other person, or whereby income arising from the 
property is directed to be accumulate d until the time of enjoyment arrives, 
or from a provision that if a particul ar event shall happen the interest shall 
pass to another person. 
 
20.  When unborn person acquires vested interest on transfer 
for his benefit.  Where, on a transfer of prop erty, an interest therein is 
created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appear from the terms of the transfer, a 
vested interest, although he may not be entitled to the enjoyment thereof 
immediately on his birth. 
 
21.  Contingent interest.  Where, on a transfer of property, an

21.  Contingent interest.  Where, on a transfer of property, an 
interest therein is created in favour of a person to take effect only on the happening of a specified uncertain even t, or if a specified uncertain event 
shall not happen, such person thereby ac quires a contingent interest in the 
property. Such interest becomes a vest ed interest, in the former case, on 
the happening of the event, in the la tter, when the happening of the event 
becomes impossible. 
Exception. - Where, under a transfer of property, a person becomes 
entitled to an interest therein upon  attainting a particular age, and the 
transferor also gives to him absolute ly the income to arise from such 
interest before he reaches that ages , or directs the income or so much 
thereof as may be necessary to be app lied for his benefit, such interest is 
not contingent.

not contingent. 
 
22.  Transfer to members of a class who attain a particular age.  
Where, on a transfer of property, an interest therein is created in favour of 
such members only of a class as shall attain a particular age, such interest 
does not vest in any member of the class who has not attained that age. 
 
23.  Transfer contingent on happening of specified uncertain 
event.  Where, on a transfer of property, an  interest therein is to accrue to a 
specified person if a specified uncertai n event shall happen, and no time is 
mentioned for the occurrence of that ev ent, the interest fails unless such

event happens before, or at the same time as, the intermediate or 
precedent interest cease to o exist. 
 
24.  Transfer to such of certain persons as survive at some 
period not specified.  Where, on a transfer of property, and interest 
therein is to accrue to such of certai n persons as shall be surviving at some 
period, but the exact period is not specified, the interest shall go to such of 
them as shall be alive when the intermediate or precedent interest ceases 
to exist, unless a contrary intention appears from the terms of the transfer. 
A transfers property to B for life, and after his death to C and D, 
equally to be divided between them, pr  to the survivor, for them. C dies 
during the life of B. D survives B. At B's death the property passes to D. 
 
25.  Conditional transfer.  An interest created on a transfer of 
property and dependent upon a condition fails if the fulfilment of the 
condition is impossible, or is forbidden by law, or is of such a nature that,

condition is impossible, or is forbidden by law, or is of such a nature that, 
if permitted, it would defeat the provis ions of any law, or is fraudulent, or 
involves or implies injury to the person or property of another, or the 
Court regards it as immoral or opposed to public policy. 
Illustrations 
(a)  A lets a farm to B on condition that he shall walk a hundred 
miles in an hour. The lease is void. 
(b)  A gives Rs. 500 to B on condition that he shall marry A's 
daughter C. At the date of the transfer C was dead. The 
transfer is void. 
(c)  A transfers Rs. 500 to B on condition that she shall murder C. 
The transfer is void. 
(d)  A transfer Rs. 500 to his niece C if she will desert her 
husband. The transfer is void. 
 
26. Fulfilment of condition precedent.  Where the terms of a 
transfer impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been

transfer impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been 
fulfilled if it has been substantially complied with.

(a)  A transfers Rs. 5,000 to B on  condition that he shall marry 
with the consent of C, D and E. E dies . B marries with the consent of C and 
D. B is deemed to have .fulfilled the condition. 
(b)  A transfer Rs. 5,000 to B on condition that he shall marry 
with the consent of C, D and E. B marries without the consent of C, D and 
E, but obtains their consent after the marriage. B has not fulfilled the 
condition. 
 
27.  Conditional transfer to one person coupled with transfer 
to another on failure of prior disposition.  Where, on a transfer of 
property, an interest therein is created in favour of one person, and by the 
same transaction an ulterior dispositio n of the same interest is made in 
favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effe ct upon the failure of the prior 
disposition, although the failure may not have occurred in the manner contemplated by the transferor.

disposition, although the failure may not have occurred in the manner contemplated by the transferor. 
But, where the intention of the parties to the transaction is that the 
ulterior disposition shall take effect, only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not 
take effect unless the prior disp osition fails in that manner. 
(a) A transfer Rs.500 to B on cond ition that he shall execute a 
certain lease within three months  after A's death', and, if he 
should neglect to do so, to C. B dies in A's lifetime. The disposition in favour of C takes effect. 
(b) A transfer property to his wife, but, in case she should die in 
his lifetime, transfers to B that  which he had transferred to 
her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. 
The disposition in favour of B does not take effect. 
 
28. Ulterior transfer conditional on happening or not

28. Ulterior transfer conditional on happening or not 
happening of specified event.  On a transfer of property an interest 
therein may be created to accrue to any person with the condition 
superseded that in case a specified uncertain event shall happen such 
interest shall pass to another person, or  that in case a specified uncertain

event shall not happen such interest shall pass to another person. In each 
case the dispositions are subject to the rules contained in sections 10, 12, 
21, 22, 23, 24, 25 and 27. 
 
29.  Fulfillment of condition subsequent.  An ulterior 
disposition of the kind contemplated by the Fast preceding section cannot 
take effect unless the condition is strictly fulfilled. 
A transfers Rs. 500 to B, to be paid to him on his attaining his 
majority or marrying, with a proviso that, it B dies a minor or marries 
without C's consent, the Rs. 500 shall go to D. B marries when only 17 
years of age, without C's consent. The transfer to D takes effect.  
 
30.  Prior disposition not affected by invalidity of ulterior 
disposition. If the ulterior disposition is not valid, the prior disposition is 
not affected by it. 
A transfer a farm to B for her life, and if she does not desert her 
husband, to C. B is entitled to the farm during her life as if no condition 
had been inserted.

had been inserted. 
 
31.  Condition that transfer shall cease to have effect in case 
specified uncertain event happens or does not happen.  Subject to the 
provisions of section 12, on a transfer of property an interest therein may 
be created with the condition superseded that it shall cease to exist in case 
a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. 
(a) A transfers a farm to B for hi s life, with a proviso that, in 
case B cuts down a certain wood, the transfer shall cease to 
have any effect. B cuts down the wood. He loses his life-
interest in the farm. 
(b)  A transfers a farm to B, provided that, if B shall not go to 
England within three years after the date of transfer, his 
interest in the farm shall cease. B does not go to England

interest in the farm shall cease. B does not go to England 
within the term prescribed. His interest in the farm ceases.

32.  Such condition must not be invalid. In order that a 
condition that an interest shall cease to exist may be valid, it is necessary 
that the event to which it relates 'be one which could legally constitute the 
condition of the creation of an interest. 
 
33.  Transfer conditional on performance of act, no time being 
specified for performance. Where, on a transfer of property, an interest 
therein is created subject to a condit ion that the person taking it shall 
perform a certain act, but no time is specified for the performance of the act, the condition is broken when he  renders impossible, permanently or 
for an indefinite period, the performance of the act. 
 
34.  Transfer conditional on performance of act, time being 
specified. Where an act is to be perfor med by a person either as a 
condition to be fulfilled before an intere st created on a transfer of property

condition to be fulfilled before an intere st created on a transfer of property 
is enjoyed by him, as a condition on the non-fulfilment of which the interest is to pass from him to anothe r person, and a time is specified for 
the performance of the act, if such performance within the specified time 
is prevented by the fraud of a person  who would be directly benefited by 
non-fulfilment of the condition, such further time shall as against him be 
allowed for performing the act as sha ll be requisite to make up for the 
delay caused by such fraud. But if no time is specified for the performance 
of the act, then, if its performance is by the fraud of a person interested in 
the non-fulfilment of the condition re ndered impossible or indefinitely 
postponed, the condition shall as against him be deemed to have been 
fulfilled. 
 
ELECTION  
 
35.  Election when necessary. . Where a person professes to

ELECTION  
 
35.  Election when necessary. . Where a person professes to 
transfer property which he has no right to transfer, and as part of the same 
transaction confers any benefit on the owner of the property, such owner 
must elect either to confirm such transf er or to dissent from it; and in the 
latter case he shall relinquish the bene fit so conferred, and the benefit so 
relinquished shall revert to the transferor  of the representative as if it had 
not disposed of; 
Subject nevertheless,

where the transfer is gratuitous, an d the transferor has, before the 
election, died or otherwise become incapable of making a fresh transfer, 
and in all cases where the tran sfer is for consideration, 
to the charge of making good to  the disappointed transferee the 
amount or value of the property atte mpted to be transferred to him. 
(1) The farm of [Ulipur] is the property of C and worth Rs. 800. 
A by an instrument of gift professes to transfer it to B giving by the same 
instrument Rs. 1,000 to C. C elects to retain the farm. He forfeits the gift of 
Rs. 1,000. 
In the same case, A dies before th e election. His representative must 
out of the Rs. 1,000 pay Rs. 800 to B. 
(2) The rule in the first paragraph of this section applies 
whether the transferor does or does not believe that which he professes to 
transfer tq be his own. 
(3) A person taking no benefit directly under a transaction, but 
deriving a benefit under it indirectly, need not elect.

deriving a benefit under it indirectly, need not elect.  
(4) A person who in his one ca pacity takes a benefit under the 
transaction may in another dissent therefrom. 
Exception to the last preceding four rules. Where a particular 
benefit is expressed to be conferred on the owner of the property which 
the transferor professes to transfer, an d such benefit is expressed to be in 
lieu of that property, if such owner claim the property, he must relinquish 
the particular benefit, but he is not bound to relinquish any other benefit 
conferred upon him by the same transaction. 
(5) Acceptance of the benefit by  the person on. whom it is 
conferred constitutes an election by hi m to confirm the transfer, if he is 
aware of his duty to elect and of those circumstances which would 
influence the judgment of a reasonable man in making an election, or if he 
waives enquiry into the circumstances.

waives enquiry into the circumstances. 
(6) Such knowledge or waiver sha ll, in the absence of evidence 
to the contrary, be presumed, if the pe rson on whom the benefit has been 
conferred has enjoyed it for two years  without doing any act to express 
dissent.

(7) Such knowledge or waiver may be inferred from any act of 
his which renders it impossible to pl ace the persons interested in the 
property professed to be transferred in the same condition as if such act 
had not been done. 
A transfers to B an estate to which C is entitled, and as part of the 
same transaction gives C a coal mine . C takes possession of the mine and 
exhausts it. He has thereby confirmed the transfer of the estate to B. 
(8) If he does not within one ye ar after the date of the transfer 
signify to the transferor or his representatives his intention to confirm or 
to dissent from the transfer, the tran sferor or his representatives may, 
upon the expiration of that period, requ ire him to make his election; and if 
he does not comply with such requisit ion within a reasonable time after he 
has received it, he shall be deemed to have elected to confirm transfer. 
(9) In case of disability, the election shall be postponed until the

(9) In case of disability, the election shall be postponed until the 
disability ceases, or until the elec tion is made by some competent 
authority. 
 
Apportionment 
36.  Apportionment of periodical payments on determination 
of interest of person entitled.  In the absence of a cont ract or local usage to 
the contrary, all rents, annuities, pensions, dividends and other periodical 
payments in the nature of income shall, upon the transfer of the interest of 
the person entitled to receive such payments, be deemed, as between the 
transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for 
the payment thereof. 
 
37.  Apportionment of benefit of obligation on severance.  
When in consequence of a transfer, pr operty is divided and held in several 
shares, and thereupon the benefit of  any obligation relating to the

shares, and thereupon the benefit of  any obligation relating to the 
property as a whole passes from one to several owners of the property, the 
corresponding duty shall, in the ab sence of me contract to the contrary 
amongst the owners; be performed in fa vour of each of such owners in 
proportion to the value of his share in the property, provided that the 
duty can be severed and that the severance does not substantially increase 
the burden of the obligation; but if th e duty cannot be severed, or if the

severance would substantially increase  the burden of the obligation, the 
duty shall be performed for the benefit of such one of the several owners 
as they shall jointly designate for the purpose: 
Provided that no person on whom the burden of the obligation lies 
shall be answerable for failure to discharge it in manner, provided by this 
section, unless and until he has had reasonable notice of the severance. 
Nothing in this section applies to leases for agricultural purposes 
unless and until the [Provincial Governme nt] by notification  in the official 
Gazette so directs. 
(a)  A sells to B, C and D a house situate in a village and leased 
to E at an annual rent of Rs. 30 and delivery of one fat sheep B, having provided half the purchase money, and C and D 
one quarter each. E, having notice of this, must pay Rs. 15 to 
B, Rs. 7% to C and Rs. 7%, to D, and must deliver the sheep 
according to the joint direction of B, C and D,

according to the joint direction of B, C and D, 
(b) In the same case, each house in the village being bound to 
provide ten days' labour each year on a dyke to prevent inundation, E had agreed as a term of his lease to perform 
this work for A, B, C and D severally require E to perform 
the ten day's work due on account of the house of each. B is not bound to. do more than ten day's work in all, according 
to such direction as B, C and D may joint in giving. 
 
B. Transfer of Immovable Property 
 
              38. Transfer by person authorised only under certain 
circumstances to transfer. Where any person, authorised only under 
circumstances in their nature variable to dispose of immovable property, 
transfers such property for consideratio n, alleging the existence of such 
circumstances, they shall as between the transferee on th e one part and the

circumstances, they shall as between the transferee on th e one part and the 
transferor and other person (if any) a ffected by the transfer on the other 
part be deemed to have existed, if the transferee, after using reasonable care to ascertain the existence of su ch circumstances, has acted in good 
faith.

A, a Hindu widow, whose husband has left collateral heirs alleging 
that the property held by her as such  is insufficient for her maintenance, 
agrees for purposes neither religious no r charitable, to sell a field, part of 
such property, to B. B, satisfies hi mself by reasonable enquiry that the 
income of the property is insufficien t for A's maintenance, and that the 
sale of the field is necessary, and acting  in good faith, buys the field from 
A. As between B on the one part an d A and the collateral heirs on the 
other part, necessity for the sale shall he deemed to have existed. 
 
39.  Transfer where third person is entitled to maintenance.  
Where a third person has a right to receive maintenance or a provision for 
advancement or marriage from the profits of immovable property,  the 
right may be enforced against the transfer ee, if he has notice [thereof] or if

right may be enforced against the transfer ee, if he has notice [thereof] or if 
the transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands. 
 
40.  Burden of obligation imposing restriction on use of land, 
or of obligation annexed to ownershi p but not amounting to interest or 
easement.  Where, for the more benefi cial enjoyment of his own 
immovable property, a third person has, independently of any interest in 
the immovable property, of another or of any easement thereon, a right to 
restrain the enjoyment [in a' particular manner of the latter property], or 
Where third person is entitled to the benefit of an obligation arising 
out of contract, and annexed to the ownership of immovable property, but not amounting to an interest therein or easement thereon,  
such right or obligation may be enforced against a transferee with

such right or obligation may be enforced against a transferee with 
notice thereof or a gratuitous transf eree of the property affected thereby, 
but not against a transferee for consid eration and without notice of the 
right or obligation, nor against such property in his hands. 
Illustration. 
A contracts to sell [Ulipur] to B. While the contract is still in force, 
he sells [Ulipur] to C, who, has notice of the contract. B may enforce the contract against C to the same extent as against A. 
 
41.  Transfer by ostensible owner.  Where, with the consent, 
express or implied, of the persons interested in immovable property, a

person is the ostensible owner of such property and transfers the same for 
consideration, the transfer shall not be voidable on the ground that the 
transferor was not authorised to make it:  
Provided that the transferee, after taking reasonable care to 
ascertain that the transferor had power to make the transfer, has acted in 
good faith. 
 
42.  Transfer by person having authority to revoke former 
transfer. Where a person transfers any immovable property reserving 
power to revoke the transfer, and subsequently transfers the property for 
consideration to another transferee, su ch transfer operates in favour of 
such transferee (subject to any condit ion attached to' th e exercise of the 
power) as a revocation of the former transfer to the extent of the power. 
A lets house to B, and reserves power to revoke the lease if, in the 
opinion of a specified surveyor, B shou ld make a use of it detrimental to 
its value. Afterwards A thinking that such a use has been made, lets the

its value. Afterwards A thinking that such a use has been made, lets the 
house to C. The operates as a revocati on of B's lease subject to the opinion 
of the surveyor as to B's use of the house having been detrimental to its 
value. 
 
43.  Transfer by unauthorized person who subsequently 
acquires interest in property transferred.  Where a person '[fraudulently 
or] erroneously represents that he is authorized to transfer certain 
immovable property and professes to transfer such property for 
consideration, such transfer shall, at  the option of the transferee, operate 
on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. 
Noting in this section shall impair  the right of transferees in good 
faith for consideration without notice of the existence of the said option. 
A, a Hindu, who has separated from his father B, sell to C three

A, a Hindu, who has separated from his father B, sell to C three 
fields, X, Y and Z, representing that A is authorised to transfer the same. 
Of these fields Z does not belong to A,  in having been retained by B on the 
partition; but on B's dying A as heir, obtains Z. C, not having rescinded the contract of sale, may require A to deliver z to him.

44. Transfer by one co-owner. Where one of two or more co-
owners of immovable property legally competent in that behalf transfers 
his share of such property or any inte rest therein, the transferee acquires, 
as to such share or interest, and so far as is necessary to give effect to the 
common or part enjoyment of the prop erty, and to enforce a partition of 
the same, but subject to the conditions and liabilities affecting, at the date 
of the transfer, the share or interest so transferred. 
Where the transferee of a share of a dwelling-house belonging to an 
undivided family is not a member of the family nothing in this section 
shall be deemed to entitle him to jo int possession or other common or part 
enjoyment of the house. 
 
45.  Joint transfer for consideration.  Where immovable 
property is transferred for consideration to two or more persons, and such 
consideration is paid out of a fund be longing to them in common, they are

consideration is paid out of a fund be longing to them in common, they are 
in the absence of a contract to the contrary, respectively entitled to interests in such property identical, as nearly as may be, with the interests 
to which they were respectively enti tled in the fund; and, where such 
consideration is paid out of separate funds belonging to them respectively, they are, in the ab sence of a contract to the contrary, 
respectively entitled to interest in  such property 'in proportion to the 
shares of the consideration whic h they respectively advanced. 
In the absence of evidence as to the interests in the fund to which 
they were respectively entitled, or as to the shares which they respectively 
advanced, such person shall be presumed to be equally interested in the 
property. 
 
46. Transfer for consideration by persons having distinct 
interests.  Where immovable properly is t ransferred for .consideration by

property. 
 
interests.  Where immovable properly is t ransferred for .consideration by 
persons having distinct interest therei n, the transferors are, in the absence 
of a contract to the contrary, entitled to share in the consideration equally, 
where their interests in the property were of equal value, and, where such 
interests were of unequal value, prop ortionately to th e value of their 
respective interests. 

(a)  A, owning a moiety, and B and C each a quarter share, of 
mauza [Ulipur], exchange an eighth share of that mauza for a quarter 
share of a mauza [Mithapukur]. There being no agreement to the contrary,  
A is entitled to an eighth share in Mithapukur, and B and C each to 
a sixteenth share in that mauza. 
(b)  A being entitled to a life-in terest in mauza [Jalkothi] and B 
and C, to the reversion, sell the ma uza of Rs. 1,000. A's life-interest is 
ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to 
receive Rs. 600 out of the purchase-money, B and C to receive Rs. 400. 
 
47.  Transfer by co-owners of share in common property.  
Where several co-owners of immovable property transfer a share therein 
without specifying that the transfer is to take effect on any particular share 
or shares of the transferors, the transf er, as among such transferors, takes 
effect on such shares equally where the shares were equal, and, where

effect on such shares equally where the shares were equal, and, where 
they were unequal, proportionately to the extent of such shares. 
A, the owner of an eight-anna share and B and C, each the owner of 
a four-anna share, in the mauza [Ulipur];  transfer a two-anna share in the 
mauza to D, without specifying from  which of their several shares the 
t r a n s f e r  i s  m a d e .  T o  g i v e  e f f e c t  t o  the transfer one-anna share is taken 
from the share of A, and half an anna  share from each of the shares of B 
and C. 
 
48. Priority of rights created by transfer. Where a person 
purports to create by transfer at different times rights in or over the same 
immovable property, and such rights cannot all exist or be exercised to 
their full extent together, each later cr eated right shall, in the absence of a

their full extent together, each later cr eated right shall, in the absence of a 
special contract or reservation binding the earlier transferees, be subject to the rights previously created.  
 
49. Transferee's right under policy.  Where immovable property 
is transferred for consideration, and such property or any part thereof is at 
the date of the transfer insured ag ainst loss or damage by fire, the 
transferee, in case of such loss or damage, may, in the absence of a contract to the contrary, require any money which the transferor actually

receives under the policy, or so much  thereof as may be necessary, to be 
applied in reinstating the property. 
 
50. Rent bona fide paid to holder under defective title.  No 
person shall be chargeable with any rents or profits of any immovable 
property, which he has in good faith or delivered to any person of whom 
he in good faith held such property, notwithstanding it may afterwards 
appear that the person to whom such  payment or delivery was made had 
no right to receive such rents or profits. 
A lets a field to B at a rent of Rs. 50, and then transfers the field to 
C. B, having no notice of the transfer in good faith pays the rent to A, B is not chargeable with the rent so paid. 
 
51.  Improvements made by bona fide holders under defective 
titles.  When the transferee of i mmovable property makes any 
improvement on the property, believing in  good faith that he is absolutely 
entitled thereto, and he is subsequently evicted therefrom by any person

entitled thereto, and he is subsequently evicted therefrom by any person 
having a better title, the transferee has a right to require the person 
causing the eviction either to ha ve the value of the improvement 
estimated and paid or secured to the tran sferee, or to sell his interest in the 
property to the transferee at the then market value thereof, irrespective of 
the value of such improvement. 
The amount to be paid or secured in respect of such improvement 
shall be the estimated value thereof at the time of the eviction. 
When, under the circumstances aforesaid, the transferee has 
planted or sown on the property cr ops which are growing when he is 
evicted therefrom, he is entitled to such crops and to free ingress and egress to gather and carry them. 
 
52.  Transfer of property pending suit relating thereto.  During 
the [pendency] in any Court having au thority in [Pakistan], or established

the [pendency] in any Court having au thority in [Pakistan], or established 
beyond the limits of [Pakistan] by [the  '[Federal Government, [any] suit or 
proceeding [which is not collusive an d] in which any right to immovable 
property is directly and Specifically in question, the property cannot be 
transferred to otherwise dealt with by  any party to the suit or proceeding 
so as to affect the rights of any ot her party thereto under decree or order

which may be made therein, except under the authority of the Court and 
on such terms as it may impose. 
[Explanation.  -For the purpose this sectio n, the pendency of a suit 
or proceeding shall be deemed to  commence from the date of the 
presentation of the plaint or the inst itution of the proceeding in a Court of 
competent jurisdiction and to contin ue until the suit or proceeding has 
been disposed of by a final decree or order and complete satisfaction of discharge of such decree or order ha s been obtained, or has become 
unobtainable by reason of the expi ration of any period of limitation 
prescribed for the execution thereof by any law for the time being in 
force.] 
 
53.  Fraudulent transfer.  (1) Every transfer of immovable 
property made with intent to defeat or  delay the creditors of the transferor 
shall be voidable at the option of any creditor or delayed.  
Nothing in this sub-section shall im pair the rights of a transferee in 
good faith and for consideration.

good faith and for consideration. 
Nothing in this sub-section shall a ffect any law for the time being in 
force relating to insolvency. 
A suit instituted by a creditor (which term includes a decree-holder 
whether he has or has not applied for execution of his decree) to avoid a 
transfer on the ground that it has been  made with intent to defeat or delay 
the creditors of the transferor, shall be instituted on behalf of, or for the benefit of, all the creditors. 
(2) Every transfer of immovable property made without 
consideration with intent to defrau d a subsequent transferee shall be 
voidable at the option of such transferee. 
For the purposes of this sub-sect ion, no transfer made without 
consideration shall be deemed to have  been made with intent to defraud 
by reason only that a subsequent transfer for consideration was made,

by reason only that a subsequent transfer for consideration was made, 
 
53-A.  Part performance. Where any person contracts to transfer 
for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be 
ascertained with reasonable certainty;

and the transferee has, in part pe rformance of the contract, taken 
possession of the property or any part thereof or the transferee, being 
already in possession continues in possession in part performance of the 
contract and has done some act in furtherance of the contract, 
and the transferee has performed or is willing to perform his part of the 
contract,  
Then notwithstanding that the contract, though required to be 
registered, has not been registered, o r, where there is an instrument of 
transfer, that the transfer has not been completed in the manner 
prescribed therefor by the law for the ti me being in force, the transferor or 
any person claiming under him shall be debarred from enforcing against the transferee and persons claiming un der him any right in respect of the 
property of which the transferee has taken or continued in possession, other than a right expressly provid ed by me terms of the contract: 
Provided that nothing in this section shall affect the rights of a

Provided that nothing in this section shall affect the rights of a 
transferee for -consideration who has no notice of the contract or of the 
part performance thereof.

CHAPTER III 
OF SALES OF IMMOVABLE PROPERTY 
 
54.  Sale defined. 'Sale' is a transfer of ownership in exchange 
for a price paid or promised or part paid and part promised. 
Sale how made.  Such transfer, in the ca s e  o f  t a n g i b l e  i m m o v a b l e  
property of the value of one hundred ru pees and upwards, or in the case 
of a reversion or other intangible thing, can be made only by a registered 
instrument. 
In the case of tangible immovable property, of a value less than one 
hundred rupees, such transfer may be made either by a registered 
instrument or by delivery of the property. 
Delivery of tangible immovable property takes place when the 
seller places the buyer, or such person  as he directs in possession of the 
property. 
Contract for sale -A contract for the sale of immovable property is a 
contract that a sale of such proper ty shall take place on terms settled 
between the parties. 
I t  d o e s  n o t ,  o f  i t s e l f ,  c r e a t e  a n y interest in or charge on such

I t  d o e s  n o t ,  o f  i t s e l f ,  c r e a t e  a n y interest in or charge on such 
property. 
 
55. Rights and liabilities of buyer and seller.  In the absence of 
a contract to the contrary, the buyer and the seller of immovable property 
respectively are subject to the liabilitie s, and have the rights, mentioned in 
the rules next following, or such of th em as are applicable to the property 
sold:- 
(1) The seller is bound:- 
(a) to disclose to buyer any materi al defect in the property [or in 
the seller's title thereto] of wh ich the seller is, and the buyer 
is not, aware, and which the buyer could not with ordinary 
care discover;

(b) to produce to the buyer on his request for examination all 
documents of title relating to  the property which are in the 
seller's possession or power; 
(c) to answer to the best of his information all relevant 
questions put to him by the buyer in respect to the property 
or the title thereto; 
(d) on payment or tender of th e amount due in respect of the 
price, to execute a proper conveyance of the property when 
the buyer tenders it to him for execution at a proper time 
and place; 
(e)  between the date of the contract of sale and the delivery of 
the property, to take as much care of the property and all 
documents of title relating thereto which are in his 
possession as an owner of ordinary prudence would take of 
such property and documents; 
(f)  to give, being so required, she buyer, or such person as he 
directs, such possession of the property as its nature admits; 
(g)  to pay all public charges and rent accrued due in respect of

(g)  to pay all public charges and rent accrued due in respect of 
the property up to the date of the sale, the interest on all incumbrances on such property due on such date, and 
except where the property is sold  subject to incumbrances, to 
discharge all incumbrances on the property then existing. 
(2)  The seller shall be deemed to contract with the buyer that 
the interest which the seller professes to  transfer to the buyer subsists and 
that he has power to transfer the same: 
Provided that, there the sale is made by a person in a fiduciary 
character, he shall be deemed to contrac t with the buyer that the seller has 
done no act whereby the property is incumbered or whereby he is hinderd from transferring it. 
The benefit of the contract mentioned in this rule shall be annexed 
to, and shall go with, the interest of  the transferee as such, and may be

to, and shall go with, the interest of  the transferee as such, and may be 
enforced by every person in whom th at interest is for the whole or any 
part thereof from time to time vested.

(3) Where the whole of purchase -money has been paid to the 
seller, he is also bound to deliver to the buyer all documents of title 
relating to  the property which are in the seller's possession or power: 
Provided that, (a) where the seller retains any part of the property 
comprised in such documents he is en titled to retain them all, and (b) 
where the whole of such property is so ld to different buyers, the buyer of 
the lot of greatest value is entitled to  such documents. But in case (a) the 
seller, and in case (b) the buyer, of the lo t of greatest value, is bound, upon 
every reasonable request by the buyer, or by any of the other buyers, as 
the case may be, and at the cost of the person making die request, to 
produce the said documents and furni sh such true copies thereof or 
extracts therefrom as he may require; and' in the mean time, the seller, or 
the buyer of the lot of greatest value, as the case may be, shall keep the

the buyer of the lot of greatest value, as the case may be, shall keep the 
said documents safe, uncancelled and undefaced, unless prevented from 
so doing by fire or other inevitable accident. 
(4) The seller is entitled:-- 
(a)  to the rents and profits of the property till the ownership 
thereof passes to the buyer; 
(b)  where the ownership of the property has passed to the 
buyer before payment of the whole of the purchase-money, 
to a charge upon the property in the hands of the buyer, ^any transferee without consider ation or any transferee with 
notice of the non-payment], fo r the amount of the purchase-
money, or any part thereof remaining unpaid, and for 
interest on such amount or part [from the date on which 
possession has been delivered]. 
(5)  The buyer is bound:- 
(a)  to disclose to the seller any fact as to the nature or extent of 
the seller's interest in the property of which the buyer is

the seller's interest in the property of which the buyer is 
aware but of which he has reason to believe that the seller is 
not aware, and which materially increases the value of such 
interest; 
(b) to pay or tender, at the time and place of completing the 
sale, the purchase-money to the seller or such person as he 
directs: provided that, where the property is sold free from

incumbrances, the buyer may retain, out of the purchase-
money, the amount of any incumbrances on the property 
existing at the date of the sale, and shall pay the amount so 
retained to the persons entitled thereto; 
(c)  where the ownership of the property has 'passed to the 
buyer, to bear any loss arising from  the destruction, injury or 
decrease in value of the property not caused by the seller; 
(d)  where the ownership of the property has passed to the 
buyer, as between himself and seller, to pay all public 
charges and rent which may become payable in respect of 
the property, the principal moneys due on any 
incumbrances subject to which the property is sold, and the 
interest-thereon afterwards accruing due. 
(6)  The buyer is entitled:- 
(a)  where the ownership of the property has passed to him, to 
the benefit of any improvement in, or increase in value of, 
the property, and to the rents and profits thereof; 
(b)  unless he has improperly declined to accept delivery of the

(b)  unless he has improperly declined to accept delivery of the 
property, to a charge on the property, as against the seller 
and all persons claiming under him, 4to the extent of the 
seller's, interest in the prop erty for the amount of any 
purchase-money properly paid by the buyer, in anticipation of the delivery and for interest  on such amount; and, when 
he properly declines to accept the delivery, also for the earnest (if any) and for the cost s (if any) awarded to him of a 
suit to compel specific perfor mance of the contract or to 
obtain a decree for its rescission. 
An omission to make such disclos ures as are mentioned in this 
section, paragraph (1), clause (a), and paragraph (5)', clause (a), is 
fraudulent. 
 
56. Marshalling by subsequent purchaser.  If the owner of two 
or more properties mortgages them to one person and -then sells one or

or more properties mortgages them to one person and -then sells one or 
more of the properties to another pers on, the buyer is, in the absence of a 
contract to the contrary, entitled to have the mortgage-debt satisfied out of 
the property or properties not sold to  him, so far as the same will extend,

but not so as to prejudice the rights of the mortgagee or persons claiming 
under him or of any other person wh o has for consideration acquired an 
interest in any of the properties]. 
 
Discharge of Incumbrances on Sale 
 
57.  Provision by Court for incumbrance and sale freed 
therefrom,  (a) Where immovable property subject to any 
incumbrance, whether immediately payable or not, is sold by the Court or 
in execution of a decree, or out of Court, the Court may, if it thinks fit, on 
the application of any party to the sale, direct or allow payment into 
Court:;- 
(1)  in case of an annual or monthly sum charged on the 
property, or of a capital sum charged on a determinable interest in the 
property-of such amount as, when invested in securities of the [Federal 
Government], the Court considers w ill be sufficient, by means of the 
interest thereof, to keep down or otherwise provide for that charge; and 
(2)  in any other case of a capital sum charged on the property-

of the amount sufficient to meet th e incumbrance and any interest due 
thereon. 
But in either case there shall also be paid into Court such additional 
amount as the Court considers will be sufficient to meet the contingency 
of further costs, expenses and intere st and any other contingency, except 
depreciation of investments, not .exc eeding one-tenth part of the original 
amount to be paid in, unless the Cour t for special reasons (which it shall 
record) thinks fit to require a larger additional amount. 
(b)  Thereupon the Court may, if it thinks fit, and after notice to 
the incumbrancer, unless the Court, for re asons to be recorded in writing, 
thinks fit to dispense with such notice, declare the property to be freed 
from the incumbrance, and make any order for conveyance, or vesting 
order, proper for giving effect to th e sale, and give directions for the

order, proper for giving effect to th e sale, and give directions for the 
retention and investment of the money in Court. 
(c)  After notice served on the persons interested in or entitled 
to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to re ceive or give a discharge for the same,

and generally may give directions respecting the application or 
distribution of the capital or income thereof. 
(d)  An appeal shall lie from any declaration, order or direction 
under this section as if the same were a decree. 
(e)  In this section 'Court' means  
(1)  a High Court in the exercise of the ordinary or 
extraordinary original civil jurisdiction, 
(2)  the Court of a District Judge within the local limits of 
whose jurisdiction the property or any part thereof is 
situate, (3) any other Court which the ^Provincial 
Government] may, from time to time, by notification 
in the official Gazette, declare to be competent to exercise the jurisdiction conferred by this section.

CHAPTER IV 
OF MORTGAGES OF IMMOVABLE PROPERTY  
AND CHARGES 
 
                 58.  'Mortgage' 'mortgagor' 'mortgagee,' 'mortgage-money' and 
'mortgage' defined,   (a)  A mortgage is the transfer of an interest in 
specific immovable property for the purpose of securing the payment of 
money advanced or to be advanced by  way of loan, an existing or future 
debt or the performance of an enga gement which may give rise to a 
pecuniary liability. 
The transferor is called a mortgagor, the transferee a mortgagee; the 
principal money and interest of whic h payment is secured for the time 
being are called the mortgage-money an d the instrument (if any) by which 
the transfer is effected is called a mortgage-deed. 
(b)  Simple mortgage.  Where, without delivering possession of 
the mortgaged property, the mortgagor binds himself personally to gay 
the mortgage money, and agrees expre ssly or impliedly, that, in the event

the mortgage money, and agrees expre ssly or impliedly, that, in the event 
of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale 
to be applied, so far as may be ne cessary, in payment of the mortgage-
money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee. 
(c)  Mortgage by conditional sale.  Where the mortgagor 
ostensibly sells the mortgaged property: 
on condition that on default of payment of the mortgage money on 
a certain date the sale shall become absolute; or 
on condition not on such payment being made the sale shall 
become void, or 
on condition that on such payment being made the buyer shall 
transfer the property to the seller,

the transaction is called a mortgage by conditional sale and the 
mortgagee a mortgagee by conditional sale: 
[Provided that no such transact ion shall be deemed to be a 
mortgage, unless the condition is embodied in the document which effects 
or purports to effect the sale]. 
(d) Usufructurary mortgage.  Where the mortgagor delivers 
possession [or expressly or by imp lication binds himself to deliver 
possession] of the mortgaged property to mortgagee, and authorizes him 
to retain such possession until payment of the mortgagee-money, and to 
receive the rents and profits accruing from the property '[or any part of 
such rents and profits and to appropri ate the same] -in lieu of interest, or 
in payment of the mortgage-money, '[or] part in lieu of interest or partly 
in payment of the mortgage-money, the transaction is called a usufructuary mortgage and the mortgagee a usufructuary mortgagee. 
(e)  English mortgage. Where the mortgagor binds himself to

(e)  English mortgage. Where the mortgagor binds himself to 
repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will 
re-transfer it to the mortgagor upon  payment of the mortgage-money as 
agreed, the transaction is called an English mortgage. 
(f)  Mortgage by deposit of tine-deeds.  Where a person in [the 
town of] Karachi, and in any ot her town which the ''[Provincial 
Government] concerned may, by notifi cation in the [official Gazette], 
specify in this behalf, delivers to a creditor or his agent documents of title 
to immovable property, with intent to create a security thereon, the 
transaction is called a mortgage by deposit of title-deeds. 
(g)  Anomalous mortgage.  A mortgage which is not a simple 
mortgage, a mortgage by conditiona l sale, a usufructuary mortgage, an

mortgage, a mortgage by conditiona l sale, a usufructuary mortgage, an 
English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is ca lled an anomalous mortgage.] 
 
59.  Mortgage when to be by assurance.  Where the principal 
money secured is one hundred rupees or upwards, a mortgage [other than 
a mortgage by deposit of title-deeds] ca n be effected only by the registered 
instrument signed by the mortgagor and attested by at least two witnesses.

Where the principal money secu red is less than one hundred 
rupees, a mortgage may be effected ei ther by [a registered instrument] 
signed and attested as aforesaid, or (except in the case of a simple 
mortgage) by delivery of the property.  
 
59-A. References to mortgagors and mortgagees to include 
persons deriving title from them.  Unless otherwise expressly provided, 
references in this Chapter to mortga gors and mortgagees shall be deemed 
to include references to persons deriving title from them respectively. 
 
Rights and Liabilities of Mortgagor  
60.  Right of mortgagor to redeem.-At any time after the 
principal money has become ^due],  the mortgagor has a right, on 
payment or tender, at a proper time and place, of the mortgagee-money, 
to require the mortgage (a) to deliver ^to the mortgagor the mortgage-
deed and all documents relating to the mortgaged property which are in 
the possession or power of the mortga gee, (b) where the mortgagee is in

the possession or power of the mortga gee, (b) where the mortgagee is in 
possession of the mortgaged property, to deliver possession thereof to mortgagor, and (c) at the cost of the mortgagor either to re-transfer the 
mortgaged property to him or to such third person as he may direct, or to 
execute and (where the mortgage ha s been effected by a registered 
instrument) to have registered an acknowledgment in writing that any 
right in derogation of his interest transferred to the mortgagee has been 
extinguished: 
Provided that the right conferred by this section has not been 
extinguished by the act of the parties or by [decree] of a Court. 
The right conferred by this section is called a right to redeem and a 
suit to enforce it is called a suit for redemption. 
Nothing in this section shall be  deemed to render invalid any 
provision to the effect that, if the ti me fixed for payment of the principal

provision to the effect that, if the ti me fixed for payment of the principal 
money has been allowed to pass or no such time has been fixed, the 
mortgagee shall be entitled to reasonable notice before payment of tender 
of such money. 
 
Redemption of portion of mortgaged property.  Nothing in this section 
shall entitle a person interested in a share only of the mortgaged property 
to redeem his own share only, on paym ent of a proportionate part of the

amount remaining due on the mortgage, except [only] where a mortgagee, 
or, if there are more mortgagees than  one, all such mortgagees, has or 
have acquired, in whole or in part, the share of a mortgagor. 
 
60-A Obligation to transfer to third party instead of re-
transference to mortgagor.  (1) Where a mortgagor is entitled to 
redemption, then, on the fulfilment of any conditions on the fulfilment of 
which he would be entitled to requ ire a re-transfer, he may require the 
mortgagee, instead of re-transferring the property, to assign the mortgage-
debt and transfer the mortgaged property to such third person as the 
mortgagor may direct; and the mortgagee shall be bound to assign and 
transfer accordingly. 
(2)  The rights conferred by this section belong to and may be 
enforced by the mortgagor or by any encumbrancer notwithstanding an 
intermediate encumbrance; but the requisition of any encumbrancer shall 
prevail over a requisition of the mortgagor and, as between

prevail over a requisition of the mortgagor and, as between 
encumbrancers, the requisition of a prior encumbrancer shall prevail over 
that of a subsequent encumbrancer. 
(3) The provisions of this section do not apply in the case of a 
mortgagee who is or has been in possession. 
 
60-B  Right to inspection and production of documents.  A 
mortgagor, as long as his right of rede mption subsists, shall be entitled at 
all reasonable times at his request an d at his own cost, and on payment of 
the mortgagee's costs and expenses in  this behalf, to inspect and make 
copies or abstract, of, or extracts fr om, documents of title relating to the 
mortgaged property which are in the custody or power of the mortgagee.  
 
 [61.  Right to redeem separately or simultaneously.  A 
mortgagor, who has executed two or more mortgages in favour of the 
same mortgagee shall, in the absence of a contract to the contrary, when

[61.  Right to redeem separately or simultaneously.  A 
same mortgagee shall, in the absence of a contract to the contrary, when 
the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately, or any two or 
more of such mortgages together.] 
 
62.  Right of usufructuary mortgagor to recover possession.  In 
the case of a usufructuary mortgage, the mortgagor has right to recover 
possession of the property [together with the mortgage-deed and all

documents relating to the mortgaged property which are in the possession 
or power of the mortgagee], - 
(2)  Where any such improvement wa s effected at the cost of the 
mortgagee and was necessary to preserve the property from destruction 
or deterioration or was necessary to prevent the security from becoming 
insufficient, or was made in compliance with the lawful order of any 
public servant or public authority, the mortgagor shall, in the absence of a 
contract to the contrary, be liable to pay the proper cost thereof as an 
addition to the principal money with interest at the same rate as is payable 
on the principal, or, where no such rate is  fixed, at the rate of nine per cent 
per annum, and the profits, if any, a ccruing by reason of the improvement 
shall be credited to the mortgagor.] 
 
63.  Accession to mortgaged property.  Where mortgaged 
property in possession of the mortgagee has, during the continuance of 
the mortgage, received any accession, the mortgagor, upon redemption,

the mortgage, received any accession, the mortgagor, upon redemption, 
shall, in the absence of a contract to the contrary, be entitled as against the 
mortgagee to such accession. 
Accession acquired in virtue of transferred ownership.  Where 
such accession has been acquired at the expense of the mortgagee, and is 
capable of separate possession or en joyment without detriment to the 
principal property, the mortgagor desiring to take the accession must pay 
to the mortgagee the expense of acqu iring it. If such separate possession 
or enjoyment is not possible, the a ccession must be delivered with the 
property; the mortgagor being liable, in the case of an acquisition 
necessary to preserve the property from  destruction, forfeiture or sale; or

necessary to preserve the property from  destruction, forfeiture or sale; or 
made with his assent, to pay the proper cost thereof, as an addition to the principal money, [with interest at the same rate as is payable on the 
principal, where no such rate is fixe d, at the rate of nine per cent per 
annum]. 
In the case last mentioned the profits, if any, arising from the 
accession shall be credited to the mortgagor. 
Where the mortgage is usufructu ary and the accession has been 
acquired at the expense of the mortgag ee, the profits, if any, arising from 
the accession shall, in the absence of a contract to the contrary, be set off 
against interest, if any, payable on the money so expended.

63-A.  Improvements to mortgaged property.  (1) Where 
mortgaged property in possession of the mortgagee has during the 
continuance of the mortgage, been improved, the mortgagor, upon 
redemption, shall, in the absence of a contract to the contrary, be entitled 
to the improvement; and the mortgagor shall not, save only in cases 
provided for in sub-section (2), be liable to pay the cost thereof. 
(a)  where the mortgagee is authorized to pay himself the 
mortgage-money from the rents and profits of the property. 
When such money is paid ; 
(b)  where the mortgagee is author ized to pay himself from such 
rents and profits '[or any part thereof a part only of the 
mortgage-money] when the term, if any, prescribed for the 
payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee [the mortgage-
money or the balance thereof] or deposits it in Court as 
hereinafter provided. 
64.  Renewal of mortgaged lease.  Where the mortgaged

64.  Renewal of mortgaged lease.  Where the mortgaged 
property is a lease, and the mortgagee obtains a renewal of the lease, the 
mortgagor, upon redemption, shall, in the absence of a contract by him to 
the contrary, have the benefit of the new lease. 
 
65.  Implied contracts by mortgagor.  In the absence of a contract 
to the contrary, the mortgagee shall be deemed to contract with the 
mortgagee:- 
(a)  that the interest which the mortgagor professes to transfer to 
the mortgagor subsists, and the mortgagor has power to 
transfer the same; 
(b)  that the mortgagor will defend, or if the mortgagee 1-e in the 
possession of the mortgaged property, enable him to defend, 
the mortgagor', title thereto ; 
(c)  that the mortgagor will, so long as the mortgagee is not m 
possession of the mortgaged property, pay all, public 
charges accruing due in respect ;of the property ;

charges accruing due in respect ;of the property ; 
(d)  and, where the mortgaged property is a lease, that the rent 
payable under the lease, the co nditions contained therein,

and the contracts binding on the lessee have been paid, 
performed and observed down to the commencement of the 
mortgage: and that the mortga gor will, so long as the 
security exists and the mortgagee is not in possession of the mortgaged property, pay the rent reserved by the lease, or, if 
the lease be renewed, the renewed lease, perform the 
conditions contained therein and observe the contracts 
binding on lessee, and indemnify the mortgagee against all 
claims sustained by reason of the non-payment of (he said 
rent or the non-performance or non-observance of the said 
conditions and contracts ; 
(e) and, where the mortgage is a second or subsequent 
incumbrance on the property, that the mortgagor will pay 
the interest from time to time accruing due on such prior 
incumbrance as and when it becomes due, and will at the 
proper time discharge the principal money due on such 
prior incumbrance. 
The benefit of the contracts mentioned in this section shall be

The benefit of the contracts mentioned in this section shall be 
annexed to and shall go with she inte rest of the mortgagee as such, and 
may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. 
 
 [65A.  Mortgagor's power to lease.  (1) Subject to the provisions of 
sub-section (2) a mortgagor, while lawfully in possession of the 
mortgaged property, shall have power to make leases thereof which shall 
be binding on the mortgagee. 
(2) (a)  Every such lease shall be such as would be made in the 
ordinary course of management of the property concerned, 
and in accordance with any local law, custom or usage. 
(b)  Every such lease shall reserve the best rent that can 
reasonably obtained, and no premium shall be paid or 
promised and no rent shall be payable in advance.

promised and no rent shall be payable in advance. 
(c)  No such lease shall contain a covenant for renewal. 
(d)  Every such lease shall take effect from a date not later than 
six months from the date on which it is made.

(e)  In the case of a lease of buildings, whether leased with or 
without the land on which they  stand, the duration of the 
lease shall in no case exceed three years, and the lease shall 
contain a covenant for payment of the rent and a condition 
of re-entry on the rent not being paid within a time therein 
specified. 
(3)  The provisions of sub-section (1) apply only if and as far as a 
contrary intention is not expresse d in the mortgage-deed; and the 
provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate 'in 
like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.] 
 
66.  Waste by mortgagor in possession.  A mortgagor in 
possession of the mortgaged property is not liable to the mortgagee for 
allowing the property to deteriorate; but he must not commit any act

allowing the property to deteriorate; but he must not commit any act 
which is destructive or permanently injurious thereto, if the security is 
insufficient or will be rendered insufficient by such act. 
Explanation. A security is insuffici ent within the meaning of this 
section unless the value of the mortga ged property exceeds by one-third, 
or, if consisting of buildings, exceeds by one-half, the amount for the time 
being due on the mortgage. 
 
Rights and Liabilities of Mortgagee  
 
67.  Right to foreclosure or sale.  In me absence of a contract to 
contrary, the mortgagee has at any ti me after the mortgage-money has 
become due to him, and before a decr ee has been made for the redemption 
of the mortgaged property, or the mortgage-money has been paid or 
deposited as hereinafter provided, a right to obtain from the Court a

deposited as hereinafter provided, a right to obtain from the Court a 
decree that the mortgagor shall be ab solutely debarred of his right to 
redeem the property, or ''[a decr ee] that the property be sold. 
A suit to obtain '[a decree] that a mortgagor shall be absolutely 
debarred of his right to redeem the mortgaged property is called a suit for 
foreclosure.

Nothing in this section shall be deemed: 
[(a)  to authorize any mortgagee, other than a mortgagee by 
conditional sale or a mortgagee under an anomalous 
mortgage by the terms of which he is entitled to foreclose, to 
institute a suit for foreclosure,  or an usufructuary mortgagee 
as such or mortgagee by conditio nal sale as such, to institute 
a suit for sale ; or 
(b)  to authorize a mortgagor who holds the mortgagee's right as 
his trustee or-legal representative, and who may sue for a 
sale of the property, to institute a suit for foreclosure ; or 
(c)  to authorize the mortgagee of a railway, canal or other work 
in the maintenance of which the public are interested, to 
institute a suit for foreclosure or sale ; or 
(d)  to authorize a person inte rested in part only of the 
mortgage-money to institute a suit relating only to a 
corresponding part of the mortgaged property, unless the 
mortgagees have, with the consent of the mortgagor, severed 
their interests under the mortgage.

their interests under the mortgage. 
 
 [67-A. Mortgagee when bound to bring one suit on several 
mortgages. A mortgagee who holds two or more mortgages executed by 
the same mortgagor in respect of each  of which he had a right to obtain 
the same kind of decree under section 67, and who sues to obtain such 
decree on anyone of the mortgages, shall, in the absence of a contract to 
the contrary, be bound to sue on all the mortgages in respect of which the 
mortgage-money has become due.  
 
68.  Right to sue for mortgage-money. (1) The mortgagee has a 
right to sue for the mortgage-money in  the following cases and no others, 
namely:- 
(a)  where the mortgagor binds himself to repay the same; 
(b)  where by any cause other than the wrongful act or default of 
the mortgagor or mortgagee, the mortgaged property is 
wholly or partially destroyed or the security is rendered

wholly or partially destroyed or the security is rendered 
insufficient within the mean ing of section 66, and the 
mortgagee has given the mortgagor a reasonable

opportunity of providing further security enough to render 
the whole security sufficient, and the mortgagor has failed to 
do so; 
(c)  where the mortgagee is depriv ed of the whole or part of his 
security by or in consequence of the wrongful act or default 
of the mortgagor; 
(d)  where the mortgagee being entitled to possession of the 
mortgaged property, the mortgagor fails to deliver the same 
to him, or to secure the po ssession thereof to him without 
disturbance by the mortgagor or  any person claiming under 
a title superior to that of the mortgagor: 
Provided that, in the case referred to in the clause (a), transferee 
from the mortgagor or from his legal representative shall not be liable to 
be sued for the mortgage-money. 
(2)  Where a suit is brought under clause (a) or clause (b) of sub-
section (1), the Court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until

section (1), the Court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until 
the mortgagee has exhausted all hi s available remedies against the 
mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re-transfers the mortgaged property. 
 
69.  Power of sale valid. (1)  A mortgagee, or any person acting 
on his behalf, shall, subject to the provisions of this section, have power to 
sell or concur in selling the mortgaged property, or any part thereof, in 
default of payment of the mortgage-m oney, without the intervention of 
the Court, in the following case s and in no others, namely:- 
(a)  where the mortgage is an English mortgage, and neither the 
mortgagor nor the mortgagee is a Hindu, [Muslim] or 
Buddhist [or a member of any other race, sect, tribe or class 
from time to time specified in this behalf by '[the Provincial 
Government] in the [official Gazette] ;

Government] in the [official Gazette] ; 
(b)  where [a power of sale with out the intervention of the Court 
is expressly conferred on the mortgagee by the mortgage 
deed and] the mortgagee is [the Government] [or a 
Scheduled Bank as defined in section 2 of the State Bank of 
Pakistan Act, 1956 (XXIII of 1956) ;

(c)  where a [power of sale with out the intervention of the Court 
is expressly conferred on the mortgagee by the mortgage-
deed and] the mortgaged proper ty or any part thereof [was, 
on the date of the execution of the mortgage-deed], situate within the [town of] Karachi, or  in any other town [or area] 
which the [Provincial Government ] may, by notification in 
the [official Gazette], specify in this behalf. 
(2)  [A power under sub-section (1) shall not be exerciser unless 
and until:. 
(a)  notice in writing requiring payment of the principal money 
has been served on the mortgagor, or on one of several 
mortgagors, and default has been made in payment of the 
principal money, or of part thereof, for three months after 
such service ; or 
(b) some interest under the mortga ge amounting at least to five 
hundred rupees is in arrear and unpaid for three months after becoming due . 
Provided that the power of a Sche duled Bank under clause (b) of

Provided that the power of a Sche duled Bank under clause (b) of 
sub-section (1) shall further be subject to such conditions as may be 
prescribed in this behalf by notification in the official Gazette by the 
[Federal Government] in consultation  with the State Bank of Pakistan. 
(3) When a sale has been made in professed exercise of such a 
power, the title of the purchaser sha ll not be impeachable on the ground 
that no case had arisen to authorise the sale, or that due notice was not 
given or that the power was othe rwise improperly or irregularly 
exercised; but any person damnified by an unauthorised or improper or irregular exercise of the power shall have his remedy in damages against 
the person exercising the power. 
(4) The money which is received by the mortgagee, arising from

(4) The money which is received by the mortgagee, arising from 
the sale, after discharge of prior incumbrances, if any, to which the sale is not made subject, or after payment in to Court under section 57 of a sum to 
meet any prior incumbrance, shall, in  the absence of a contract to the 
contrary, be held by him, in trust to be applied by him first, in payment of 
all costs, charges and expenses properly  incurred by him as incident to the 
sale or any attempted sale; and, se condly, in discharge of the mortgage-
money and costs and other money, if any, due under the mortgage ; and

the residue of the money so received shall be paid to the person entitled to 
the mortgaged property, or authorized to give receipts for the proceeds of 
the sale thereof. 
 
69-A.  Appointment of receiver.  (1) A mortgagee having the right 
to exercise a power of sale under sectio n 69 shall, subject, to the provisions 
of sub-section (2), be entitled to appo int, by writing sign ed by him or on 
his behalf, a receiver of the income of the mortgaged property or any part thereof. 
(2)  Any person who has been named in the mortgage-deed and 
is willing and able to act as receiver may be appointed by the mortgagee. 
If no person has been so named, or if all persons named are unable 
or unwilling to act, or are dead, the mortgagee may appoint any person to 
whose appointment the mortgagor agrees; failing such agreement, the 
mortgagee shall be entitled to apply to the Court for the appointment of a 
receiver, and any person appointed by the Court shall be deemed to have been duly appointed by the mortgagee.

receiver, and any person appointed by the Court shall be deemed to have been duly appointed by the mortgagee. 
A receiver may at any ti me be removed by writing signed by or on 
behalf of the mortgagee and the mortga gor, or by the Court on application 
made by either party and on due cause shown. 
A vacancy In the office of receiver may be filled .in accordance with 
the provisions of this sub-section. 
(3)  A receiver appointed under the powers conferred by this 
section shall be deemed to be th e agent of the mortgagor; and the 
mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage-deed otherwise provides or unless such acts or 
defaults are due to the improper intervention of the mortgagee. 
(4)  The receiver shall-have power to demand and recover all the 
income of which he is appointed receiv er, by suit, execution or otherwise,

income of which he is appointed receiv er, by suit, execution or otherwise, 
in the name either of the mortgagor or  of the mortgagee to the full extent 
of the interest which the mortgagor could dispose of, and give valid 
receipts accordingly for the same, an d to exercise any powers which may 
have been delegated to him by the mortgagee in accordance with the provisions of this section.

(5)  A person paying money to the receiver shall not be 
concerned to inquire if the appointment of the receiver was valid or not. 
(6)  The receiver shall be entitl ed to retain out of any money 
received by him for his remuneration, and in satisfaction of all costs, 
charges, and expenses incurred by him as receiver, a commission at such 
rate not exceeding five per cent on the gross amount of all money received 
as is specified in his appointment, and, if no rate is so specified then at the 
rate of five per cent on that gross am ount, or at such other rate as the 
Court thinks fit to allow, on applic ation made by him for the purpose. 
(7)  The receiver shall, if so directed in writing by the mortgagee, 
insure to the extent, if any, to wh ich the mortgagee might have insured, 
and keep insured against loss or damage by fire, out of the money 
received by him, the mortgaged proper ty or any part thereof being of an 
insurable nature. 
(8)  Subject to the provisions of this Act as to the application of

(8)  Subject to the provisions of this Act as to the application of 
insurance money, the receiver shall apply all money received by him as 
follows, namely:- 
(i)  in discharge of all rents, taxes, land revenue, rates and 
outgoings whatever affecting the mortgaged property; 
(ii) in keeping down all annual sums or other payments, and the 
interest on all principal su ms, having priority to the 
mortgage in right whereof he is receiver ; 
(iii) in payment of his commission , and of the premiums on fire, 
life or other insurances, if any, properly payable under the 
mortgage-deed or under this Ac t, and the cost of executing 
necessary or proper repairs directed in writing by the mortgagee ; 
(iv) in payment of the interest  falling due under the mortgage; 
(v)  in or towards discharge of the principal money, if so 
directed in writing by the mortgagee ;

directed in writing by the mortgagee ; 
and shall pay the residue, if any, of the money received by him to 
the person who, but for the possession  of the receiver, would have been 
entitled to receive the income of whic h he is appointed receiver, or who is 
otherwise entitled to the mortgaged property.

(9)  The provisions of sub-section (1) apply only if and as far as 
provisions of sub-sections (3) to (8) inclusive may be varied or extended 
by the mortgage-deed, and, as so varied  or extended, shall, as far as may 
be, operate in like manner and with all the like incidents, effects and 
consequences, as if such variations or extensions were contained in the 
said sub-sections. 
(10)  Application may be made, wi thout the institution of a suit, 
to the Court for its opinion, advice or direction on any present question 
respecting the management or administration of the mortgaged property, 
other than questions of difficulty or importance not proper in the opinion 
of the Court for summary disposal. A copy of such application shall be 
served upon, and the hearing thereof may be attended by, such of the 
persons interested in the applicat ion as the Court may think fit. 
The costs of every application under this sub-section shall be in the

The costs of every application under this sub-section shall be in the 
discretion of the Court. 
(11)  In this section, 'the Court' means the Court which would 
have jurisdiction in a suit to enforce the mortgage. 
 
70.  Accession to mortgaged property.  If after the date of a 
mortgage, any accession is made to the mortgaged property, the 
mortgagee, in the absence of a contract to the contrary, shall, for the 
purposes of the security, be entitled to such accession. 
(a)  A mortgages to B a certain field bordering on a river. The 
field is increased by alluvion. For the purposes of his 
security, B is entitled to the increase. 
(b)  A mortgages a certain plot of building land to B and 
afterwards erects a house on the plot. For the purposes of 
this security B is entitled to the house as well as the plot. 
 
71.  Renewal of mortgaged lease.  When the mortgaged

71.  Renewal of mortgaged lease.  When the mortgaged 
property is a lease and the mortgagor obtains a renewal of the lease, the 
mortgagee in the absence of a contract to the contrary, shall, for the 
purposes of the security, be entitled to the new lease.

72.  Rights of mortgagee in possession.  [A mortgagee] may 
spend such money as is necessary :-- 
(a) Omitted 
(b) for the preservation of the mortgaged property] from 
destruction, forfeiture or sale ; 
(c) for supporting the mortgagor's title to property; 
(d)  for making his own title thereto good against the mortgagor; 
and 
(e)  when the mortgaged property is a renewable lease-hold, for 
the renewal of the lease ; 
and may, in the absence of a contract to the contrary, add such 
money to the principal money, at the rate of interest payable on principal, 
and where no such rate is fixed, at the rate of nine per cent per annum: 
[Provided that the expenditure of mo ney by the mortgagee under clause 
(b) or clause (c) shall not be deemed  to be necessary unless the mortgagor 
has been called upon and has failed to take proper and timely steps to 
preserve the property or to support the title]. 
When the property is by its natu re insurable, the mortgagee may

When the property is by its natu re insurable, the mortgagee may 
also, in the absence of a contract to the contrary, insure and keep insured 
against loss or damage by fire the whole or any part of such property; and 
the premiums paid for any such insurance shall be padded to the 
principal money with interest at th e same rate as is payable on the 
principal money or, where no such rate is  fixed, at the rate of nine per cent 
per annum]. But the amount of such insurance shall not exceed the amount specified in this behalf in the mortgage-deed or (if no such 
amount is therein specified) two-th irds of the amount that would be 
required in case of total destruction, to reinstate the property insured. 
Nothing in this section shall be deemed to authorize the mortgagee 
to insure when an insurance of the property is kept up by or on behalf of

to insure when an insurance of the property is kept up by or on behalf of 
the mortgagor to the amount in which the mortgagee is hereby authorized 
to insure.  
 
 [73.  Right to proceeds of revenue sale or compensation on 
acquisition.  (1) Where the mortgaged property or any part thereof or any 
interest therein is sold owing to failu re to pay arrears of revenue or other

charges of a public nature or rent due in respect of such property, and 
such failure did not arise from any default of the mortgagee, the 
mortgagee shall be entitled to clai m payment of the mortgage-money in 
whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law. 
(2)  Where the mortgaged property or any part thereof or any 
interest therein is acquired under th e Land Acquisition Act, 1894 (I of 
1894), or any other enactment for the time being in force providing for the 
compulsory acquisition of immovable property, the mortgagee shall be 
entitled to claim payment of the mor tgage-money, in whole or in part, out 
of the amount due to the mortgagor as compensation. 
(3)  Such claims shall prevail against all other claims except 
those of prior encumbrances, and may be enforced notwithstanding that the principal money on the mortgage has not become due].

those of prior encumbrances, and may be enforced notwithstanding that the principal money on the mortgage has not become due]. 
 
74.  Right of subsequent mortgagee to pay off prior mortgagee.  
[Repealed by the Transfer of Prop erty Amendment Act, 1929 (XX of 1929), 
S. 39]. 
 
75.  Rights of mesne mortgagee against prior and subsequent 
mortgagees.  [Repealed by the Transfer of Property {Amendment) Act, 
1929 (XX of 1929), S. 39. 
 
76. Liabilities of mortgagee in possession.  When, during the 
continuance of the mortgage, the mortgagee takes possession of the 
mortgaged property :- 
(a)  he must manage the proper ty as a person of ordinary 
prudence would manage it if it were his own ; 
(b)  he must use his best endeavours to collect the rents and 
profits thereof ; 
(c)  he must, in the absence of a contract to the contrary out of

(c)  he must, in the absence of a contract to the contrary out of 
the income of the property, pay the Government revenue, all other charges of a public nature '[and all rent accruing due in 
respect thereof during such possession, and any arrears of 
rent in default of payment of which the property may be 
summarily sold ;

(d)  he must, in the absence of  a contract to the contrary, make 
such necessary repairs of the property as he can pay for out 
of the rents and profits thereof after deducting from such 
rents and profits the payments mentioned in clause (c) and 
the interest on the principal money ; 
(e)  he must not commit any act which is destructive or 
permanently injurious to the property ; 
(f) where he has insured the whol e or any part of the property 
against loss or damage by fire, he  must, in case of such loss 
or damage, apply any money which he actually receives 
under the policy or so much thereof as may be necessary, in 
reinstating the property, or, if the mortgagor so directs in 
reduction or discharge of the mortgage-money ; 
(g)  he must keep clear, full an d accurate accounts of all sums 
received and spent by him as mortgagee, and, at any time 
during the continuance of the mortgage, give the mortgagor, 
at his request and cost, true copies of such accounts and of

at his request and cost, true copies of such accounts and of 
the vouchers by which they are supported; 
(h)  his receipts from the mortgaged property, or, where such 
property is personally occupied  b y  h i m ,  a  f a i r  o c c u p a t i o n -
rent in respect thereof, shall, after deducting the expenses 
[properly incurred for the management of the property and 
the collection of rents and profits and the other expenses] 
mentioned in clauses (c) and (d); and interest thereon be 
debited against him in reduction of the amount (if any) from 
time to time due to him on account of interest and so far as 
such receipts exceed any interest due, in reduction or 
discharge of the mortgage-money; the surplus, if any, shall 
be paid to the mortgagor ; 
(i)  when the mortgagor tenders, or deposits in manner 
hereinafter provided, the amount  for the time being due on

hereinafter provided, the amount  for the time being due on 
the mortgage, the mortgagee must, notwithstanding the 
provisions in the other clauses of  this section, account for his 
receipts from the mortgaged property from the date of the tender or from the earliest time when he could take such 
amount out of Court, as the case may be [and shall not be

entitled to deduct any amount therefrom on account of any 
expenses incurred after such date  or time in connection with 
the mortgaged property].  
Loss occasioned by his default.  If the mortgagee fail to perform 
any of the duties imposed upon him by this section, he may, when 
accounts are taken in pursuance of a decree made under this Chapter, be 
debited with the loss, if any, occasioned by such failure.  
 
77.  Receipts in lieu of interest. Nothing in section 76, clauses 
(b), (d), (g) and (h), applies to case s where there is a contract between the 
mortgagee and the mortgagor that the receipts from the mortgaged 
property shall, so long as the mortga gee is in possession of the property, 
be taken in lieu of interest on the principal money, or in lieu of such 
interest and defined portions of the principal. 
 
Priority 
  
78. Postponement of prior mortgagee.  Where, through the 
fraud, misrepresentation or gross ne glect of a prior mortgagee, another

Priority 
  
fraud, misrepresentation or gross ne glect of a prior mortgagee, another 
person has been induced to advance money on the security of the mortgaged property, the prior mortgagee shall be postponed to the 
subsequent mortgagee.  
 
79.  Mortgage to secure uncertain amount when maximum is 
expressed. If a mortgage made to secure future advances, the performance 
of an engagement or the balance of a running account, expresses the 
maximum to be secured thereby, a su bsequent mortgage of the property 
shall, if made with notice of the pr ior mortgage, be postponed to the prior 
mortgage in respect of all advances or debts not exceeding the maximum, 
though made or allowed with notice of the subsequent mortgage. 
A mortgages Sultanpur to his bankers, B & Co., to secure the 
balance of his amount with them to the extent of Rs. 10,000. A then

balance of his amount with them to the extent of Rs. 10,000. A then 
mortgages Sultanpur to C, to secure Rs. 10,000, C having notice of the 
mortgage to B & Co., and C gives notice to B & Co., of the second 
mortgage. At the date of the second mortgage, the balance due to B & Co. 
does not exceed Rs. 5,000. B & Co., subsequently advanced to A sums

making the balance of the account against him exceed the sum of Rs. 
10,000. B & Co. are entitled, to the extent of Rs. 10,000, to priority over C. 
 
80.  Tacking abolished.  [Repealed by section 41 of the Transfer 
of Property (Amendment Act, 1929 (XX of 1929)]. 
 
Marshalling and Contribution 
81. Marshalling securities. If the owner of two or more 
properties mortgages them to one person and then mortgages one or more 
of the properties to another person, the subsequent mortgagee is, in the 
absence of a contract to the contrary, entitled to have the prior mortgage-
debt satisfied out of the property or properties not mortgaged to him, so 
far as the same will extend, but not so as to prejudice the rights of the 
prior mortgagee or of any other person who has for consideration 
acquired an interest in any of the properties. 
 
82.  Contribution to mortgage-debt. [Where property subject to 
a mortgage belongs to two or more persons having distinct and separate

a mortgage belongs to two or more persons having distinct and separate 
rights of ownership therein, the di fferent shares in or parts of such 
property owned by such persons are, in  the absence of a contract to the 
contrary, liable to contribute rateably to  the debt secured by the mortgage, 
and for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its value at 
the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date]. 
Where, of two properties belonging to the same owner, one is mortgaged 
to secure one debt and then both are mortgaged to secure another debt, 
and the former debt is paid out of th e former property, each property is, in

and the former debt is paid out of th e former property, each property is, in 
the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value 
of the property out of which it has been paid. 
Nothing in this section applies to a property liable under section 81 
to the claim of the [subsequent] mortgagee. 
 
Deposit in Court

83. Power to deposit in Court money due on mortgage.  At any 
time after the principal money '[payable in respect of any mortgage has 
become due] and before a suit for redemption of the mortgaged property 
is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in wh ich he might have instituted such 
suit, to the account of the mortgag ee, the amount remaining due on the 
mortgage. 
Right to money deposited by mortgagor . The Court shall 
thereupon cause written notice of the deposit to be served on the 
mortgagee, and the mortgagee may on presenting a petition (verified in 
manner prescribed by law for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the 
money so deposited in full discharge of  such amount, and on depositing 
in the same Court the mortgaged-deed '[and all documents in his possession or power relating to the mortgaged property] apply for and

in the same Court the mortgaged-deed '[and all documents in his possession or power relating to the mortgaged property] apply for and 
receive the money, and the mortgage deed ^and all such other 
documents] so deposited shall be deliv ered to the mortgagor or such other 
person as aforesaid. 
Where the mortgagee is in possession of the mortgaged property, 
the Court shall, before paying to him the amounts so deposited, direct him 
to deliver possession thereof to the mortgagor and at the cost of the 
mortgagor either to re-transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and 
(where the mortgage has been effected  by a registered instrument) have 
registered and acknowledgment in writ ing that any right in derogation of 
the mortgagor's interest transfe rred to the mortgage has been 
extinguished. 
 
84.  Cessation of interest.  When the mortgagor or such other 
person as aforesaid has tendered or deposited in Court under section 83

person as aforesaid has tendered or deposited in Court under section 83 
the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender or ^in the case of a deposit, 
where no previous tender of such amount has been made] as soon as the mortgagor or such other person as aforesaid has done all that has to be 
done by him to enable the mortgagee to take such amount out of Court, 
[and the notice required by section 83 has been served on the mortgagee: 
Provided that, where the mortgagor has deposited such amount without

having made a previous tender ther eof and has subsequently withdrawn 
the same or any part thereof, interest on the principal money shall be 
payable from the date of such withdrawal]. 
Nothing in this section or in section 83 shall be deemed to deprive the 
mortgagee of his right to interest when  there exists a contract that he shall 
be entitled to a reasonable notice before payment or tender of the mortgage-money [and such notice has been given before the making of the 
tender or deposit, as the case may be]. 
 
Suit for Foreclosure, Sale or Redemption 
 
85. Parties to suits for Forec losure, sale and redemption.  
[Repealed by the Code of Civil Proc edure. 1908 (Act of 1908), section 156 
and Schedule V.] 
 
Foreclosure and Sale 
 
             86 to 90. [Repealed by the -Code of Civil Procedure, 1908 (Act V of 
1908), section 156 and Schedule V.] 
 
Redemption   
 
91. Persons who may sue for redemption.  Besides the mortgagor, 
any of the following persons may redeem, or institute a suit for

any of the following persons may redeem, or institute a suit for 
redemption of, the mortgaged property, namely: - 
(a)  any person (other than the mortgagee of the interest sought 
to be redeemed) who has any in terest in, or charge upon, the 
property mortgaged or in or upon the right to redeem the 
same; 
(b)  any surety for the payment of  the mortgage-debt or any part 
thereof; or 
(c) any creditor of the mortgagor who has in a suit for the 
administration of his estate ob tained a decree for sale of the 
mortgaged property.]

92. Subrogation.  Any of the persons referred to in section 91 
(other than the mortgagor) and an y co-mortgagor shall, on redeeming 
property subject to the mortgage, have, so far as regards redemption, 
foreclosure or sale of such property, the same rights as the mortgagee 
whose mortgage he redeems may have against the mortgagor or any other 
mortgagee. 
The right conferred by this section is called the right of subrogation, 
and a person acquiring the same is said to be subrogated to the rights of 
the mortgagee whose mortgage he redeems. 
A person who has advanced to a mortgagor money with which the 
mortgage has been redeemed shall be  subrogated to the rights of the 
mortgagee whose mortgage has been redeemed, if the mortgagor has by a 
registered instrument agreed that such persons shall be so subrogated. 
Nothing in this section shall be deemed to confer a right of 
subrogation on any person unless the mortgagor in respect of which the 
right is claimed has been redeemed in full.

right is claimed has been redeemed in full. 
 
93. Prohibition of tacking.  No mortgagee paying off a prior 
mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in re spect of his original security; and, 
except, in the case provided for by  section 79, no mortgagee making a 
subsequent advance to the mortgagor whether with or without notice of 
an intermediate mortgage, shall thereb y acquire any priority in respect of 
his security for such subsequent advance. 
 
94.  Rights of mesne mortgagee.  Where a property is 
mortgaged for successive debts to successive mortgagees, a mesne 
mortgagee has the same rights against mortgagees posterior to himself as 
he has against the mortgagor].  
 
95.  Right of redeeming co-mortgagor to expenses. Where one 
of several mortgagors redeems the mortgaged property, he shall, in

of several mortgagors redeems the mortgaged property, he shall, in 
enforcing his right of subrogatio n under section 92 against his co-
mortgagors, be entitled to add to the mortgage-money recoverable from them such proportion of the expenses properly incurred in such 
redemption as is attributable to their share in the property.

96. Mortgage by deposit of title-deeds.  The provisions 
hereinbefore contained which apply to a simple mortgage shall, so far as 
may be, apply to a mortgage by deposit of title-deeds. 
 
97. Application of proceeds.  [Repealed by the Code of Civil 
Procedure, 1908 (Act V of 1908), S. 156 and Sch V]. 
 
Anomalous Mortgages 
 
            98. Rights and liabilities of pa rties to anomalous mortgages.  In 
the case of ^an anomalous mortgage],  the rights and liabilities of the 
parties shall be determined by th eir contract as evidenced in the 
mortgage-deed, and so far as such contract does not extend, by local 
usage. 
 
99. Attachment of mortgaged property.  Rep. by the Code of 
Civil Procedure 1908 (Act V of 1908), S. 156 and Sch. V. 
 
Charges 
 
100.  Charges.  Where immovable property of one person by act 
of parties or operation of law made security for the payment of money to 
another, and the transaction does not amount to a mortgage, the latter

another, and the transaction does not amount to a mortgage, the latter 
person is said to have a charge on the property; and all the provisions 
hereinbefore contained [which apply to a simple mortgage shall, so far as 
may be, apply to such charge].  
Nothing in this section applies to the charge of a trustee on the 
trust-property for expenses properly incurred in the execution of his trust 
[and, save as otherwise expressly provided by any law for the time being 
in force, no charge shall be enforced against any property in the hands of a 
person to whom such property has b een transferred for consideration and 
without notice of the charge].  
 
 101. No merger in case of subsequent encumbrance.  Any 
mortgagee of, or person having a charge upon, immovable property, or 
any transferee from such mortgagee or charge-holder, may purchase or 
otherwise acquire the rights in the property of the mortgagor or owner, as

otherwise acquire the rights in the property of the mortgagor or owner, as 
the case may be, without thereby causing the mortgage or charge to be

merged as between himself and any su bsequent mortgagee of, or person 
having charge upon, the same property; and no such subsequent 
mortgagee or charge-holder shall be entitled to foreclose or sell such 
property without redeeming the prior mortgage or charge, or otherwise 
than subject thereto. 
 
Notice and Tender 
 
102.  Service or tender on or to agent.  Where the person on or to 
w h o m  a n y  n o t i c e  o r  t e n d e r  i s  t o  b e  s e r v e d  o r  m a d e  u n d e r  t h i s  C h a p t e r  does not reside in the district in which the mortgaged property of some 
part thereof is situate, service or tend er on or to an agent holding a general 
power-of-attorney from such person or otherwise duly authorised to 
accept such service or tender shall be deemed sufficient. 
Where no person or agent on whom such notice should be served 
can be found or is known] to the. person required to serve the notice, the 
later person may apply to any Court in which a suit might be brought for

later person may apply to any Court in which a suit might be brought for 
redemption of the mortgaged property, and such Court shall direct in 
what manner such notice shall be served, and any notice served in 
compliance with such direction shall be deemed sufficient: 
Provided that, in the case of a notice required by Section 83, in the 
case of a deposit, the application shall be made to the Court in which the deposit has been made]. 
Where no person or agent to whom  such tender should be made 
can be found or is known] to the pers on desiring to make the tender, the 
later person may deposit '[in any Court in which a suit might be brought 
for redemption of the mortgaged property] the amount sought to be 
tendered, and such deposit shall have the effect of a tender of such 
amount.  
 
103. Notice, etc., to or by pers on incompetent to contract.  
Where, under the provisions of this Chap ter, a notice is to be served [on or

amount.  
 
Where, under the provisions of this Chap ter, a notice is to be served [on or 
by], or a tender or deposit made or accepted or taken out of Court by, any 
person incompetent to contract, such no tice may be served on or by], or 
tender or deposit made, accepted, or taken by the legal curator of the property of such person; but where there is no such curator, and it is

requisite or desirable in the interests of  such person that a notice should be 
served or a tender or deposit made under the provisions of this Chapter, 
application may be made to any Court in which a suit might be brought 
for the redemption of the mortgage to appoint a guardian ad litem for the 
purpose of serving or receiving service of such notice, or making or 
accepting such tender, or making or taking out of Court such deposit, and 
for the performance of all consequential acts which could or ought to be 
done by such person if he were comp etent to contract; and the provisions 
of [Order XXXII in the First Schedule to the Code of Civil Procedure, 1908 (V of 1908)] shall, so far as may be, apply to such application and to the 
parties thereto and to the guardian appointed thereunder. 
 
104.  Power to make rules.  The High Court may, from time to 
time, make rules consistent with this Act for carrying out, in itself and in 
the Courts of Civil Judicature subject to its superintendence, the

the Courts of Civil Judicature subject to its superintendence, the 
provisions contained in this Chapter.

CHAPTER V 
OF LEASES OF IMMOVABLE PROPERTY 
 
105.  Lease defined. A lease of immovable property is a transfer 
of a right to enjoy such property, made for a certain time, express or 
implied, or in perpetuity, in consideration of a price paid or promised, or 
of money, a share of crops, service or any other thing of value, to be 
rendered, periodically or on specifie d occasions to the transferor by the 
transferee, who accepts the transfer on such terms. 
Lessor, lessee, premium and rent defined . The transferor is called 
the lessor, the transferee is called the lessee, the price is called the 
premium, and the money, service or other thing to be so rendered is called 
the rent. 
 
106. Duration of certain leases in absence of written contract or 
local usage.  In the absence of a contract or local law or usage to the 
contrary, a lease of immovable property for agricultural or manufacturing 
purposes shall be deemed to be a le ase from year to year, terminable, on

purposes shall be deemed to be a le ase from year to year, terminable, on 
the part of either lessor or lessee, by  six months' notice expiring with the 
end of a year of the tenancy; and a lease of immovable property for any 
other purpose shall be deemed to be a lease from month to month, 
terminable, on the part of either lesso r or lessee, by fifteen days' notice 
expiring with the end of a month of tenancy. 
Every notice under this section must  be in writing signed by or on 
behalf of the person giving it, and [either be sent by post to the party who 
is intended to be bound by it or be tendered or delivered personally to 
such party, or to one of his family or servants at his residence, or (if such 
tender or delivery is not practicable) affixed to a conspicuous part of the 
property. 
 
107.  Leases how made.  A lease of immovable property from 
year to year, or for any term exceed ing one year, or reserving a yearly

property. 
 
year to year, or for any term exceed ing one year, or reserving a yearly 
rent, can be made only by a registered instrument.

All other leases of immovable property may be made either by a 
registered instrument or by oral agreement accompanied by delivery of 
possession. 
Where a lease of immovable property is made by a registered 
instrument, such instrument or, wher e there are more instruments than 
one, each such instrume nt shall be executed by  both the lessor and the 
lessee: 
Provided that the [Provincial Government] may, from time to time, 
by notification in the [official Gazette ], direct that leases of immovable 
property, other than leases from year to year, or for any term exceeding 
one year, or reserving a yearly rent, or any class of such leases, may be 
made by unregistered instrument or  by oral agreement without delivery 
of possession.  
 
108.  Rights and liabilities of lessor and lessee.  In the absence of 
a contract or local usage to the co ntrary, the lessor and the lessee of 
immovable property, as against one another, respectively, possess the

immovable property, as against one another, respectively, possess the 
rights and are subject to the liab ilities mentioned in the rules next 
following, or such of them as are applicable to the property leased:- 
(A) Rights and Liabilities of the Lessor 
(a)  the lessor is bound to discl ose to the lessee any material 
defect in the property, with re ference to its intended, use of 
which the former is and the later is not aware, and which the later could not with ordinary care discover; 
(b) the lessor is bound, on the lessee's request, to put him in 
possession of the property; 
(c)  the lessor shall be deemed to  contract with the lessee that, if 
the later pays the rent reserved by the lease and performs 
the contracts binding on the lessee, he may hold the property 
during the time limited by the lease without interruption. 
The benefit of such contract shall be annexed to and go with the

The benefit of such contract shall be annexed to and go with the 
lessee's interest as such and may be enforced by every person in whom 
that interest is for the whole or any p art thereof from time to time vested. 
(d)  if during the continuance of  the lease any accession is made 
to the property such accession (s ubject to the law relating to

alluvion for the time being in force) shall be deemed to be 
comprised in the lease ; 
(e)  if by fire, tempest or flood, or violence of an army or of a 
mob or other irresistible force, any material part of the 
property be wholly destroyed or rendered substantially and 
permanently unfit for the purposes for which it was let, the 
lease shall, at the option of the lessee, be void: 
Provided that, if the injury be occasioned by the wrongful act or 
default of the lessee, he shall not be en titled to avail himself of the benefit 
of this provision: 
(f)  if the. lessor neglects to make, within a reasonable time after 
notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct 
the expense of such repairs with  interest from the rent or 
otherwise recover it from the lessor ; 
(g)  if the lessor neglects to make any payment which he Is 
bound to make, and which, if not made by him, is 
recoverable from the lessee or against the property, the

recoverable from the lessee or against the property, the 
lessee may make such payment himself, and deduct it with 
interest from the rent, or otherwise recover it from the lessor 
; 
(h)  the lessee may ^even after the determination of the lease] 
remove, at any time [whilst he is in possession of the 
property leased but not afterwards] all things which he has 
attached to the earth: provided he leaves the property in the 
state in which he received it; 
(i)  when a lease of uncertain duration determines by any 
means except the fault of the lessee, he or his legal 
representative is entitled to all the crops planted or sown by 
the lessee and growing upon the property when the lease 
determines, and to free ingress and egress to gather and 
carry them ; 
(j)  the lessee may transfer absolutely or by way of mortgage or 
sub-lease the whole or any p art of his interest in the

sub-lease the whole or any p art of his interest in the 
property, and any transferee of such interest or part may

again transfer it. The lessee shall not, by reason only of such 
transfer, cease to be subject to any of the liabilities attaching 
to the lease; 
noting in this clause shall be d eemed to authorize a tenant having 
an untransferable right of occupancy, the farmer of an estate in respect of 
which default has been made in paying revenue, or the lessee of an estate 
under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee: ' 
(k)  the lessee is bound to disclose to the lessor any fact as to the 
nature or extent of the intere st which the lessee is about to 
take of which the lessee is, and the lessor is not aware, and 
which materially increases the value of such interest; 
(l)  the lessee is bound to pay or  tender, at the proper time and 
place, the premium or rent to the lessor or his agent in this 
behalf; 
(m)  the lessee is bound to keep, and on the termination of the 
lease to restore, the property in as good condition as it was

behalf; 
lease to restore, the property in as good condition as it was 
in at the time when he was put in possession subject only to 
the changes caused by reasonable wear and tear or 
irresistible force, and to allow the lessor and his agents, at all 
reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of 
any defect, in such condition, and when such defect has been 
caused by any act or default on the part of the lessee, his servants or agents, he is bound,  to make it good within three 
months after such notice has been given or left; 
(n)  if the lessee becomes aware of any proceeding to recover the 
property or any part thereof, or of any encroachment made 
upon, or any interference with, the lessor's rights concerning 
such property, he is bound to give, with reasonable

such property, he is bound to give, with reasonable 
diligence, notice thereof to the lessor; 
(o)  the lessee may use the property and its products (if any) as a 
person of ordinary prudence would use them if they were 
his own; but he-must not use, or permit another to use, the 
property for a purpose other than that for which it was 
leased, or fell '[or sell] ti mber, pull down or damage

buildings ^belonging to the lessor, or] work mines or 
quarries not open when the lease was granted, or commit 
any other act which is destruct ive or permanently injurious 
thereto; 
(p)  he must not, without the lessor's consent, erect on the 
property any permanent structure, except for agricultural purposes; and 
(q) on the determination of the lease, the lessee is bound to 
put the lessor into possession of the property. 
 
109. Rights of lessor's transferee.  If the lessor transfers the 
property leased, or any part thereof, or any part of his interest therein, the 
transferee, in the absence of a contrac t to the contrary, shall possess all the 
rights, and, if the lessee so elects, be  subject to all the liabilities of the 
lessor as to the property or part transfe rred so long as he is the owner of it;  
but the lessor shall not, by reason on ly of such transfer, cease to be 
subject to any of the liabilities imposed upon him by the lease, unless the

subject to any of the liabilities imposed upon him by the lease, unless the 
lessee elects to treat the transferee as the person liable to him: 
Provided that the transferee is not entitled to arrears or rent due 
before the transfer, and that, if the less ee, not having reason to believe that 
such transfer has been made, pays rent to the lessor, the lessee shall not be 
liable to pay such rent over again to the transferee. 
The lessor, the transferee and th e lessee may determine what 
proportion of the premium or rent re served by the lease is payable in 
respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain 
a suit for the possession of the property leased. 
 
110.  Exclusion of day on which term commences.  Where the

110.  Exclusion of day on which term commences.  Where the 
time limited by a lease of immovable property is expressed commencing from a particular day in computing that  time such day shall be excluded. 
Where no day of commencement is na med, the time so limited begins 
from the making of the lease. 
Duration of lease for year . Where the time so limited is a year or a 
number of years, in the absence of an express agreement to the contrary,

the lease shall last during the whol e anniversary of the day from which 
such time commences. 
Option to determine lease. Where the time so limited is expressed 
to be terminable before its expiration, and the lease omits to mention at 
whose option it is so terminable, th e lessee, and not the lessor, shall have 
such option.  
 
111. Determination of lease.  A lease of immovable property 
determines:- 
(a) by efflux of the time limited thereby; 
(b) where such time is limited conditionally on the happening of 
some event-by the happening of such event; 
(c)  where the interest of the lessor in the property terminates 
on, or his power to dispose of the same extends only to, the 
happening of any event-by th e happening of such event; 
(d)  in case the interests of th e lessee and the le ssor in the whole 
of the property become vested at the same time in one 
person in the same right; 
(e)  by express surrender; that is to say, in case the lessee yields

(e)  by express surrender; that is to say, in case the lessee yields 
up his interest under the leas e, to the lessor by mutual 
agreement between them; 
(f) by implied surrender; 
(g) by forfeiture; that is to say,  (1) in case the lessee breaks an 
express condition which provides that on breach thereof the lessor may re-enter;  or (2) in  case the lessee renounces his 
character as such by setting up a title in a third person or by 
claiming title in himself; [or (3) the lessee is adjudicated an 
insolvent and the lease provides  that the lessor may re-enter 
on the happening of such event]; and in [any of these cases] 
the lessor or his transferee [giv es notice in writing to the 
lessee of] his intention to determine the lease; and  
(h) on the expiration of a notice to determine the. lease, or to 
quit, or of intention to quit, the property leased, duly given 
by one party to the other.

A lessee accepts from his lessor a new lease of the property leased, 
to take effect during the continuance of the existing lease. This is an 
implied surrender of the former lease, and such lease determines 
thereupon. 
 
112. Waiver of forfeiture.  A forfeiture under section 111, clause 
(g), is waived by acceptance of rent which has become due since the 
forfeiture, or by distress for such rent, or by any other act on -the part of 
the lessor showing an intention to treat the lease as subsisting: Provided that the lessor is aware th at the forfeiture has been incurred: 
Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture, such acceptance is not a 
waiver.  
113. Waiver of notice to quit.  A notice given under section 111, 
clause (h), is waived, with the express or implied consent of the person to 
whom it is given, by any act on the part of the person giving it showing an 
intention to treat the lease as subsisting. 

(a) A, the lessor, gives B, the lessee, notice to quit the property 
leased. The notice expires. B tenders, and A accepts, rent 
which has become due in respect of the property since the 
expiration of the notice. The notice is waived. 
(b) A, the lessor, gives B, the lessee, notice to quit the property 
leased. The notice expires and B remains in possession. A 
gives to B as lessee a second noti ce to quit. The first notice is 
waived. 
 
114. Relief against forfeiture for non-payment of rent.  Where a 
lease of immovable property has determined by forfeiture for non-
payment of rent, and the lessor sues to eject the lessee, if, at the hearing of 
the suit, the lessee pays or tenders th e lessor the rent in arrear, together 
with interest thereon his full costs of the suit, or gives such security as the

with interest thereon his full costs of the suit, or gives such security as the 
Court thinks sufficient for making su ch payment within fifteen days, the 
Court may, in lieu of making a decree for ejectment pass an order 
relieving the lessee against the forfei ture; and thereupon the lessee shall 
hold the property leased as if the forfeiture had not occurred.

114-A. Relief against forfeiture in certain other cases.  Where a 
lease of immovable property has determined by forfeiture for a breach of 
an express condition which provides th at on breach thereof the lessor may 
re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing:- 
(a) specifying the particular breach complained of; and 
(b) if the breach is capable of remedy, requiring the lessee to 
remedy the breach; 
and (he lessee fails, within a reasonable time from the date of the 
service of the notice, to remedy the breach, if it is capable of remedy. 
Nothing in this section shall apply to an express condition against the 
assigning, 
underletting, parting with the possession, or disposing, of the 
property leased, or to an express conditio n relating to forfeiture in case of 
non-payment of rent.  
 
115. Effect of surrender and forfeiture on under-leases.  The 
surrender, express or implied, of a lease of immovable property does not

surrender, express or implied, of a lease of immovable property does not 
prejudice an under lease of the prop erty or any part thereof previously 
granted by the lessee, on terms and conditions substantially the same 
(except as regards the amount of rent) as those of the original lease; but 
unless the surrender is made for the pu rpose of obtaining a new lease, the 
rent payable by, and the contracts bi nding on, the under-lessee shall be 
respectively payable to and enforceable by the lessor. 
The forfeiture of such a lease annu ls all such under-leases except 
where such forfeiture has been procur ed by the lessor in fraud of the 
under-lessees, or relief against the fo rfeiture is granted under section 114. 
 
116 Effect of holding over.  If a lessee or under-lessee of 
property remains in possession thereof after the determination of the lease

property remains in possession thereof after the determination of the lease 
granted to the lessee, and the lessor or his legal representative accepts rent 
from the lessee or under-lessee, or ot herwise assents to his continuing in 
possession, the lease is, in the absence of an agreement to the contrary, 
renewed from year to year, or from month to month, according to the 
purpose for which the property is le ased, as specified in section 106. 

(a) A lets a house to B for five years. B underlets the house to C 
at a monthly rent of Rs. 100. The five  years expire, but C continues in 
possession of the house and pays the rent to A. Cs lease is renewed from 
month to month. 
(b) A lets a farm to B for the life of C. C dies, but B continue in 
possession with A's assent. B's lease is renewed from year to year. 
 
117. Exemption of leases for agricultural purposes.  None of the 
provisions of this Chapter apply to le ases for agricultural purposes, except 
in so far as the [Provincial Government ] may, by Notification published in 
the [official Gazette], declare all or any of such provisions to be so 
applicable [in the case of all or any of such leases], together with or subject 
to, those of the local law, if any, for the time being in force; Such notification shall not take effect  until the expiry of six months from 
the date of its publication. .

CHAPTER VI 
OF EXCHANGES 
 
118. Exchange defined.  When two persons mutually transfer the 
ownership of one thing for the ownershi p of another, neither thing or both 
things being money only, the transaction is called an 'exchange'.. 
A transfer of property in completion of an exchange can be made only in 
manner provided for the transfer of such property by sale. 
 
119. Right of party deprived of thing received in exchange.  If 
any party to an exchange or any pers on claiming through or under such 
party is by reason of any defect in th e title of the other party deprived of 
the thing or any part of the thing received by him in exchange, them, unless a contrary intention appears from  the terms of the exchange, such 
other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the 
return of the thing transferred, if st ill in the possession of such other party

return of the thing transferred, if st ill in the possession of such other party 
or his legal representative or a transferee from him without consideration. 
 
120. Rights and liabilities of parties.  Save as otherwise provided 
in this Chapter, each party has the righ ts and is subject to the liabilities of 
a seller as to that which he gives, an d has the rights and is subject to the 
liabilities of a buyer as to that which he takes. 
 
121. Exchange of money.  On an exchange of money, each party 
thereby warrants the genuineness of the money given by, him.  
 
122.  'Gift' defined.  'Gift' is the transfer of certain existing 
movable or immovable property made voluntarily and without 
consideration, by one person, called the donor, to another, called the 
donee, and accepted by or on behalf of the donee. 
Acceptance when to be made . Such acceptance must be made 
during the lifetime of the donor and while he s still capable of giving. 
If the donee dies before acceptance, the gift is void.

123.  Transfer how effected.  For the purpose of making a gift of 
immovable property, the transfer mu st be effected by a registered 
i n s t r u m e n t  s i g n e d  b y  o r  o n  b e h a l f  o f  the donor, and attested by at least 
two witnesses. 
For the purpose of making a gift of movable property, the transfer 
may be effected either by a registered instrument signed as aforesaid or by 
delivery. 
Such delivery may be made in the same way as goods sold may be 
delivered. 
 
124.  Gift of existing and future property.  A gift comprising both 
existing and future property is void as to the latter. 
 
125.  Gift to several of wh om one does not accept.  A gift of a 
thing to two or more donees, of whom one does not accept it, is void as to 
the interest which he would have taken had he accepted. 
 
126.  When gift may be suspended or revoked.  The donor and 
donee may agree that on the happenin g of any specified event which does

donee may agree that on the happenin g of any specified event which does 
not depend on the will of the donor a gift shall be suspended or revoked;  
but a gift which the parties agree shall be revocable wholly or in 
part, at the mere will of the donor, is void wholly or in part, as the case 
may be. 
A gift may also be revoked in any of the cases (save want or failure 
of consideration) in which, if it were a contract, it might be rescinded. 
Save as aforesaid a gift cannot be revoked. 
Nothing contained in this section shall be deemed to affect the rights of 
transferees for consideration without notice. 
(a)  A gives a field to B, reservin g to himself, with B's assent, the 
right to take back the field incase B and his descendants dies before A. B dies without desce ndants in A's lifetime. A may 
take back the field.

take back the field. 
(b)  A gives a lakh of rupees to B, reserving to himself, with B's 
assent, the right to take back at pleasure Rs. 10,000 out of the

lakh. The gift holds good as to  Rs. 90, 000, but is void as to 
Rs. 10,000, which continue to belong to A. 
 
127.  Onerous gift. Where a gift is in the form of a single transfer 
to the same person of several things of which one is, and the others are 
not, burden by an obligation, die donee can take nothing by the gift unless 
he accepts it fully. 
Where a gift is in the form of two or more separate and 
independent transfers to the same person of several things, the donee is at 
liberty to accept one of them and re fuse the others, although the former 
may be beneficial and the latter onerous. 
Onerous gift to disqualified person. A donee not competent to 
contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being 
aware of the obligation, he retains the property given, he becomes so 
bound. 
(a)  A has shares in, X, a properous joint stock company, and

bound. 
(a)  A has shares in, X, a properous joint stock company, and 
also shares in Y A joint stock co mpany, in difficulties. Heavy 
calls are expected in respect of the shares in Y. A gives B all 
his shares in joint stock companies. B refuses to accept the 
shares in Y. He cannot take the shares in X. 
(b)  A having a lease for term of years of a house at a rent which 
he and his representatives are bound to pay during the term, 
and which is more than the house can be let for, gives to B 
the lease, and also, as a separate and independent 
transaction a sum of money. B refuses to accept the lease. He 
does not by this refusal forfeit the money. 
128. Universal donee.  Subject to the provisions of section 127, 
where a gift consists of the dono r's whole property, the donee is 
personally liable for all the debts due by [and liabilities of] the donor at

personally liable for all the debts due by [and liabilities of] the donor at 
the time of the gift to the extent of the property comprised therein. 
 
129.  Saving of donations mortis casua and Muslim law.  
Nothing in this Chapter relates to gifts of movable property made in

contemplation of death, or shall be de emed to affect any rule of [Muslim] 
law.

CHAPTER VIII 
OF TRANSFERS OF ACTIONABLE CLAIMS 
 
130. Transfer of actionable claim.  (1) The transfer of an 
actionable claim  whether with or wi thout consideration shall be effected 
only by the execution of an instrument in writing signed by the transferor 
or his duly authorized agent, shall be complete and effectual upon the 
execution of such instrument, and th ereupon all the rights and remedies 
of the transferor, whether by way of damages or otherwise, shall vest in 
the transferee, whether such notice of the transfer as is hereinafter 
provided be given or not: 
Provided that every dealing with the debt or other actionable claim 
by the debtor or other person from or against whom the transferor would, 
but for such instrument of transfer as  aforesaid, have been entitled to 
recover or enforce such debt or othe r actionable claim, shall save where 
the debtor or other, person is a party to the transfer or has received 
express notice thereof as hereinafter provided be valid as against such

express notice thereof as hereinafter provided be valid as against such 
transfer. 
(2) The transferee of an actionable claim may, upon the 
execution of such instrument of tran sfer as aforesaid, sue or institute 
proceedings for the same in his own name without obtaining the 
transferor's consent to such suit or  proceedings and without making him a 
party thereto. 
Exception. IV of 1938. Nothing in this se ction applies to the transfer 
of a marine or fire policy of insurance [or affects the provisions of section 
38 of the Insurance Act, 1938]. 
(i)  A owes money to B, who t ransfers the debt to C. B then 
demands the debt from A, who, not having received notice 
of the transfer, as prescribed  in section 131, pays B. The 
payment is valid, and C cannot sue A for the debt.

(ii)  A effects a policy on his own life with an Insurance 
Company and assigns it to a Ba nk for securing the payment 
of an existing or future debt. If A dies, the Bank is entitled to 
receive the amount of the policy and to sue on it without the 
concurrence of A's executor, su bject to the proviso in sub-
section (1) of section 130 and to the provisions of section 132. 
130A. Transfer of policy of marine insurance. (1) A policy of 
marine insurance may be transferred by assignment unless it contains 
terms expressly prohibiting assignment, and may be assigned either 
before or after loss. 
(2)  A policy of marine insurance may be assigned by 
endorsement thereon or in any other customary manner. 
(3)  Where the issued person has p arted with or lost his interest 
in the subject-matter insured, and has n o t ,  b e f o r e  o r  a t  t h e  t i m e  o f  s o  
doing, expressly or impliedly agreed to assign the policy and subsequent assignment of the policy is inoperative.

doing, expressly or impliedly agreed to assign the policy and subsequent assignment of the policy is inoperative. 
Provided that nothing in this sub-section affects the assignment of 
the policy after loss. 
(4)  Nothing in clause (e) of section 6 shall affect the provisions 
of this section. 
 
131. Notice to be in writing, signed.  Every notice of transfer of 
an actionable claim shall be 'i writing,  signed by the tran sferor or his agent 
duly authorized in this behalf, or in case the transferor refuses to sign, by 
the transferee or his agent, and sha ll state the name, and address of the 
transferee. 
 
132.  Liability of transferee of actionable claim.  The transferee 
of an actionable claim shall take it subject to all the liabilities and equities 
to which the transferor was subject in respect thereof at the date of the 
transfer. 
(i)  A transfers to C a debt due to him by B, A being then 
indebted to B. C sues for the debt by B to -y In such suit B is

transfer. 
indebted to B. C sues for the debt by B to -y In such suit B is 
entitled to set off the debt du e by A to him; although C was 
unaware of it at the date of such transfer.

(ii) A executed a bond in favour of B under circumstances 
entitling the former to have it  delivered up and cancelled. B 
assigns the bond to C for value and without notice of such 
circumstances. C cannot enforce the bond against A. 
133. Warranty of solvency of debtor.  Where the transferor of a debt 
warrants the solvency of the debto r, the warranty, in the absence of a 
contract to the contrary, applies only to his solvency at the time of the transfer, and is limited, where the tran sfer is made for consideration, to 
the amount or value of such consideration. 
 
134.  Mortgaged debt.  Where a debt is transferred for the 
purpose of securing an existing or fut ure debt, the debt so transferred, if 
received by the transferor or recovered by the transferee is applicable, first, in payment of the costs of such recovery: secondly, in or towards 
satisfaction of the amount for the ti me being secured by the transfer; and 
the residue, if any, belongs to the t ransferor or other person entitled to

the residue, if any, belongs to the t ransferor or other person entitled to 
receive the same. 
 
135. Assignment of rights under policy of insurance.  Every 
assignee, by endorsement or other wr iting, of the policy of insurance 
against fire, in whom the property in the subject insured shall be 
absolutely vested at the date of the assignment, shall have transferred and 
vested in him all rights of suit as if  the contract contained in the policy had 
been made with himself. 
 
135-A.  Assignment of rights under policy of marine insurance.  (1) 
Where a policy of marine insurance has been assigned so as to pass the 
beneficial interest therein, the assi gnee of the policy is entitled to sue 
thereon in his own name; and the defendant is entitled to make any defence arising out of contract which he  would have been entitled to make 
if the action had been brought in the na me of the person by or on behalf of

if the action had been brought in the na me of the person by or on behalf of 
whom the policy was effected. 
(2)  Where the insurer pays for a total loss, either  of the whole, 
or in the case of goods, of any a pportionable part, of the subject-matter 
insured, he thereupon becomes entitled to take over the interest of the 
insured person in whatever may remain  of the subject-matter so paid for, 
and he is hereby subrogated to all the rights and remedies of the insured

person in and in respect of that subject-matter as from the time of the 
casualty causing the loss. 
(3)  Where the insurer pays for a pa rtial loss, he acquires no title 
to the subject-matter insured, or such part of it as may remain, but' he is 
thereupon subrogated to all rights and remedies of the insured person as 
from the time of the casualty causing the loss, in so far as the insured 
person, has been indemnified by such payment for the loss. 
(4)  Nothing in clause (e) of sect ion 6 shall affect the provisions 
of this section.  
 
136.  Incapacity of officers co nnected with Courts of Justice.  No 
Judge, legal practitioner or officer connected with any Court of Justice shall buy or traffic in, or stipulate for, or agree to receive any share of, or 
interest in, any actionable claim, and no Court of Justice shall enforce, at 
his instance, or at the instance of any person claiming by or through him, any actionable claim, so dealt with by him as aforesaid.

his instance, or at the instance of any person claiming by or through him, any actionable claim, so dealt with by him as aforesaid. 
 
137.  Saving of negotiable instruments, etc. Nothing in the 
foregoing sections of the Chapter applies to stocks, shares or debentures, 
or to instruments which are for the time being by law or custom, 
negotiable, or to any mercantile  document of title to goods. 
Explanation. The expression 'mercantile document of title of goods 
includes a bill of lading, dock-warrant,  ware-house-keeper's certificate, 
railway-receipt, warrant or order for the delivery of goods, and any other 
document used in the ordinary co urse of business as proof of the 
possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delive ry, the possessor of the document to 
transfer or receive goods thereby represented.