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الموضوع: Shari'ah Penal Code Law Zamfara State Of Nigeria January, 2000

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    تاريخ التسجيل
    Jan 2006
    المشاركات
    7,816

    فكرة Shari'ah Penal Code Law Zamfara State Of Nigeria January, 2000




    Shari'ah Penal Code Law Zamfara State Of Nigeria January, 2000
    INTRODUCTION
    Citation and commencement
    A. This law may be cited as the Shari'ah Penal Code Law, 2000 and it shall come into operation on 27th day of January, 2000.
    Establishment of Shari'ah Penal Code
    B. The Provisions contained in the schedule to this Law shall be the law of the State with respect to the several matters therein dealt with and the said schedule may be cited as, and is hereby called, the Shari'ah Penal Code.
    Punishment of Offences Committed in the State
    C. Every person who professes the Islamic faith and/or every other person who voluntarily consents to the exercise of the jurisdiction of any of Shari'ah Courts established under the Shari'ah courts (Administration of Justice and certain consequential changes) Law, 1999, shall be liable to punishment under the Shari'ah Penal Code for every act or omission contrary to the provisions thereof of which he shall be guilty within the State.
    Offence against Laws of the State
    D. (i) Whereby the provisions of this law the doing of any act or the making of any omission is made an offence, those provisions shall apply to every person subject to the provisions of this Law who is in the State at the time of his doing the act or making the omission.
    (ii) Where any such offence comprises several elements and any acts, omissions or events occur which, if they all occurred in the State, would constitute an offence, and any of such acts, omissions or events, which if they occurred in the State would be elements of the offence, occur elsewhere than in the State then:-
    (a) If the act of omission, which in the case of an offence committed wholly in the State would be the initial element of the offences, occurs in the State, the person who does that act or makes that omission is guilty of an offence of the same kind and is liable to the same punishment as if all the subsequent elements of the offence occurred in the State; and
    (b) If that act or omission occurs elsewhere than in the State and the person who does that act or makes that omission afterwards enters the State, he is by such entry guilty of an offence of the same kind, and is liable to the same- punishment, as if that act or omission had occurred in the State and he had been in the State when it occurred.
    Civil Remedies
    E .(i) When by the Shari'ah Penal Code, any act is declared to be lawful no action shall be brought in respect thereof.
    (ii) Except as aforesaid, the provisions of this Law shall not affect any right of action which any person would have had against another, if this Law had not been passed: nor shall the omission from the Shari'ah Penal Code of any penal provision in respect of any act or omission which before the time of the coming into operation of the Penal Code constituted any actionable wrong affect any right of action in respect thereof.
    F. Nothing in this Law shall affect the authority of courts subject to the jurisdiction of the Law to punish a person summarily for the offence commonly known as contempt of court.
    G No act or omission committed by a person shall be an offence under the provisions of this Law unless such act or omission was committed on or after the commencement date of this law; that is 27th day of January, 2000.


    CHAPTER 1
    GENERAL EXPLANATIONS AND DEFINITIONS

    1. Sense of expression once explained
    Every expressions which is explained in any part of this Shari'ah Penal Code, is used in every part of this Shari'ah Penal Code in conformity with the explanation, unless the subject or sense of the context otherwise requires.
    2. Gender
    The pronoun "he" and its derivatives are used of any person whether male or female.
    3. Number
    Unless the contrary appears from the context, words importing the singular number include the plural number and words importing the plural number include singular number.
    4. Man, Woman
    The word "man" denotes a male human being of any age and the word "woman" denotes a female human being of any age.
    5. Person
    (1) The word "person" includes any company or association or body of persons, whether incorporated or not.
    (2) A child becomes a person when it has been born alive whether the umbilical cord is severed or not.
    6. Public
    The word "the public" include any class or section of the public.
    7. Court of justice
    "Court of justice" includes every civil or criminal court established by any Act or Law or deemed to be so established and every person or body of persons exercising judicial functions in the State by virtue of any Act or Law in force in the State.
    8. Judicial Proceedings
    "Judicial proceedings" denote a proceeding in the course of which it is lawful to take evidence whether on oath or not.
    9. Public servant
    The words "public servant" denote a person falling under any of the descriptions hereinafter following, without prejudice to the provision of section 5(ii)(a) and (b) of the Shari"ah Courts (Administration of justice and certain consequential changes) Law, 1999 that is to say:-
    (a) every person appointed by the Govemment or the Govemment of the Federation or of a State while serving in the state or by any Local Government Council and every person serving in the state appointed by a servant or agent of any such Government or council for the performance of a specific public duty while performing that duty;
    (b) every person not coming within the description set forth in paragraph (a) who is in the service of the Government or of any local government council in a judicial or quasi-judicial, executive, administrative or clerical capacity;
    (c) every commissioned officer of the Nigerian Armed Forces;
    (d) every assessor or other person assisting a court of justice or a public servant exercising judicial or quasi-judicial functions; while acting in that capacity;
    (e) 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, while acting in that capacity;
    (f) every officer or other person not being a member who is appointed to perform any duty in connection with the discharge of its functions by anybody forming part of the Legislature of the State;
    (g) every person who is in the service of any public corporation established by any Act or Law;
    (h) every person within the employment of the Federal, State and Local Governments, and their parastatals, departments and agencies.
    10. Armed Forces
    The term 'armed forces" includes army, naval and air forces and defenses.
    11. Moveable Property
    The words "moveable property" include corporate property of every description except land and things attached to the earth or permanently fastened to anything which is attached to the earth.
    12. Wrongful gain
    "Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.
    13. Wrongful loss
    "Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.
    14. Gaining wrongfully, losing wrongfully
    A person is said to gain wrongfully when such person retains wrongfully as well as when such person acquires wrongfully, and 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.
    15. Dishonestly
    A person is said to do a thing "dishonestly" who does that thing with the intention of causing a wrongful gain to himself or another or of causing wrongful loss to any other person.
    16. Fraudulently
    A person is said to do a thing "fraudulently" or "with intent to defraud" who does that thing with intent to deceive and by means of such deceit to obtain some advantage for himself or another or to cause loss to any other person.
    17. 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.
    18. Likely, probable
    (1) An act is said to be 'likely" to have a certain consequence or to cause a certain effect if the occurrence of that consequence or effect would cause no surprise to a reasonable man.
    (2) An effect is said to be a probable consequence of an act if the occurrence of that consequence would be considered by a reasonable man to be the natural and normal effect of the act.
    19. Property in possession of wife, clerk or servant
    When property is in the possession of a person's wife, clerk or servant on account of that person, it is in that person's possession within the meaning of this Shari'ah Penal Code.
    20. 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 practised.
    21. Writing document
    The word "writing" denotes any marks made upon paper or other substance to express words or ideas, and includes marks made by printing, lithography, photography, engraving or any other process; and the word "document" signifies any writing intended to be used or which may be used as evidence of the matter expressed thereby.
    22. Document of title
    The words "document of title" denote a document which is or purports to be a document whereby a legal right is created, extended, transferred, restricted, extinguished or released, or whereby the existence or the extinction of a legal right is acknowledged or established.
    23. Words referring to acts include illegal omissions
    In every part of this Shari'ah Penal Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
    24. Act, omission
    The word "acts" denotes a series of acts as well as a single act and the word "omission" denotes a series of omissions as well as a single omission.
    25. Effect caused partly by act and partly by omission
    Wherever the causing of a certain effect or an attempt to cause that effect by an act or by an omission is an offence, it is to be understood that the causing of that effect or the attempt to cause that effect partly by an act and partly by an omission is the same offence.
    26. Voluntarily
    A person is said to cause an effect "voluntarily" when he causes it by means of whereby he intended to cause it or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
    27. Offence
    Except where otherwise appears from the context, the word "offence" includes an offence under any law for the time being in force.
    28. Illegal
    Everything which is prohibited by law and which is an offence or which furnishes ground for a civil action is said to be "illegal".
    29. Legally bound to do
    A person is said to be "legally bound to do" not only whatever he is bound by law to do but also everything the omission to do which by him is an offence or furnishes ground for a civil action.
    30. Injury
    The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation, modesty, or property.
    31. Life, death
    The words "life" and "death" denote the life or death of human being unless it otherwise appears from the context.
    32. Animal
    The word "animal" does not include a human being.
    33. Vessel
    The word "vessel" denotes anything made for the conveyance by water of human beings or of property.
    34. 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 according to the Islamic calendar and its Gregorian equivalent.
    35. Oath
    The word 'oath" includes swearing-in by the name of Almighty Allah (S.W.T.) or any of His attributes.
    36. Good faith
    Nothing is said to be done or believed in good faith which is done or believed without due care and attention.
    37. Compensation
    Any person who is convicted of an offence under this Shari'ah Penal Code may be adjudged to make compensation to any person injured by his offence and such compensation may be either in addition to or in substitution for any other punishment.
    38. Invalid consent
    A consent is not such a consent as is intended by any section of this Shari'ah Penal Code, if the consent is given:-
    (a) by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or
    (b) by a person who, from unsoundness of mind or involuntary intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
    (c) by a person who is under eighteen years of age ox has not attained puberty.
    39. Harbour
    A person is said to "harbour" another person who has committed or intends to commit an offence or who is seeking to evade arrest when he supplies that other with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or assists that other in any way to evade arrest.
    40. Genital
    Includes the vagina and the rectum.
    41. Zina
    Includes adultery and fornication.
    42. Married
    Under the meaning of the punishment of adultery it means being married or ever consummating a valid marriage.
    43. Sadaq al mithli
    The dowry due to brides within the same social, educational and family background.
    44. Rajm
    The penalty of stoning or pelting to death of a Muslim convicted for the offence of zina.
    45. Hirz
    Any location or place that is customarily understood to represent a place for safe keeping or custody or protection.
    46. Nisab
    Minimum amount of property, liable to payment of Zakah, or which if stolen, the thief shall be liable to hadd punishment.
    47. Taklif
    Taklif is the age of attaining legal and religious responsibilities.
    48. Mukallaf
    A person possessed of full legal and religious capacity.
    49. Wuliyy al-damm
    Male agnatic heirs, including three classes of females:- full sister whether alone, consanguine sister and daughter, who are agnatised by their brothers.
    50. Qatl al-gheelah
    The act of luring a person to a secluded place and killing him to take away his property.
    51. Al-'aqila
    Agnatic relatives of the killer who are responsible jointly for the payment of diyyah each according to his capacity.
    52. Wa'az
    Reminding the person who committed a transgression that he has done an unlawful act.
    53. Tash-heer
    Public disclosure usually consists of the taking of the offender by some of the court officials to every part of the city and telling the people what he had committed for which he had received a ta'zir punishment.
    54. Hajar
    Boycotfing the offender by the public.
    55. Al-Musadarah
    Confiscation of property owned by the offender.
    56. Ghoffah
    Compensation which is equivalent to l/20 of diyyah paid in respect of causing miscarriage of fetus.
    57. Ta'zir
    A discretionary punishment for offence whose punishment is not specified.
    58. Tawbikh
    A severe rebuke or reprimand for misdemeanours.
    59. Diyyah
    A fixed amount of money paid to a victim of bodily hurt or to the deceased's agnatic heirs in murder cases, the quantum of which is one thousand dinar, or twelve thousand dirham or 100 camels.
    60. Hukumah
    Is the amount of compensation falling short of diyyah paid to a victim of bodily injuries of unspecified quantum, ****d on the discretion of the judge.
    61. Government
    The word "Government" means the Government of Zamfara State or the Federal Government or Local Government.
    62. Foreign government
    The word "foreign government" means any government other than any government within the Federation of Nigeria.

    CHAPTER II
    CRIMINAL RESPONSIBILITY

    63. Basic criminal responsibility
    (i) There shall be no criminal responsibility except upon a mukallaf.
    (ii) There shall be no criminal responsibility unless an unlawful act or omission is done intentionally or negligently.
    64. Common knowledge
    A person is presumed, unless the contrary is proved, to have knowledge of any material fact if such fact is a matter of common knowledge.
    65. Presumption of knowledge of an intoxicated person
    A person who does an act in a state of voluntary intoxication is presumed to have the same knowledge as he would have had if he had not been intoxicated.
    66. Act done by person 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.
    Illustrations:
    (a) 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.
    (b) A sees Z commit what appears to A to be culpable homicide. A in the exercise to the best of his judgment exerted in goodfaith of the power which the law gives to all persons of arresting murderers seizes Z in order to bring him before the proper authorities. A has committed no offence, though it may turn out that Z was acting in selfdefence.
    67. Act of court of justice
    Nothing is an offence which is done by a person when acting judicially as a court of justice or as a member of a court of justice in the exercise of any power which is or which in good faith he believes to be given to him by jaw.
    68. Act done pursuant to the judgment or order of court
    Nothing which is done in pursuance of or which is warranted by the judgement or order of a court of justice, if done whilst such judgement or order remains in force, is an offence, notwithstanding that the court may have had no jurisdiction to pass such judgement or order, provided the person doing the act in good faith believes that the court had such jurisdiction.
    69. Accident in doing a lawful act
    Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the course of doing a lawful act in a lawful manner by lawful means and with proper care and caution.
    70. Act likely to cause injury but done without criminal intent and to prevent other injury or to benefit person
    (1) Nothing is an offence by reason of an injury which it may cause or be intended by the doer to cause or be known by the doer to be likely to cause, if it be done without any criminal intention to cause injury and in good faith for the purpose of preventing or avoiding other injury to person or property or of benefiting the person to whom injury is or may be caused:
    Provided:-
    (a) that, having regard to all the circumstances of the case, the doing of the thing was reasonable; and
    (b) that where the circumstances so require the the thing is done with reasonable care and skill.
    (2) This section shall not apply to the intentional causing of death or to the attempting to cause death in order to prevent or avoid injury to property only except as is provided for in section 90.
    (3) The death of a person shall under no circumstances be deemed to be for the benefit of that person.
    (4) Mere pecuniary benefit is not benefit within the meaning of this section.
    71. Act of a child
    No act is an offence which is done:-
    (a) by a child under seven years; or
    (b) in cases of hudud, by a child below the age of taklif.
    72. Act of a person of unsound mind or person asleep
    Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, or sleep, is incapable of knowing the nature or the consequences of the act or he is doing what is either wrong or contrary to law.
    73. Involuntary intoxication
    Nothing is an offence which is done by a person who, at the time of doing it, is by reason of intoxication caused by something administered to him without his knowledge or against his will, incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
    74. Act not intended to cause death or grievous hurt done by consent
    (1) No act is an offence by reason of the injury it has caused to the person or property of any person who being above the age of taklif has voluntarily and with understanding given his consent expressed or implied to that act.
    (2)This section shall not apply to acts which are likely to cause death or grievous hurt, nor to acts which constitute offences independently of any injury which they are capable of causing to the person who has given his consent or to his property.
    75. Act not intended to cause death done by consent for a 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 likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether expressed or implied, to suffer that harm, or to take the risk of that harm.
    76. Correction of child, pupil, servant or wife
    (1) Nothing is an offence which does not amount to the infliction of grievous hurt upon any person and which is done:-
    (a) by a parent or guardian for the purpose of correcting his child or ward such child or ward being under eighteen years of age, or
    (b) by a school master for the purpose of correcting a child under eighteen years of age entrusted to his charge; or
    (c) by a master for the purpose of correcting his servant or apprentice such servant or apprentice being under eighteen years of age; or
    (d) by a husband for the purpose of correcting his wife.
    (2) No correction is justifiable which is unreasonable in kind or in degree, regard being to the age and physical and mental condition of the person on whom it is inflicted; and no correction is justifiable in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.
    77. 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, if it is made for the benefit of that person.
    78. Act to which a person is compelled by threats
    Except culpable homicide, grievous hurt and offences against the State punishable with death, no act is an offence which ia done by a person who is compelled to do it by coercion or by threat of death or imminent grievous hurt to his person or family or serious injury to his property, which at the time of doing it reasonably caused the apprehension that instant death to that person will otherwise be the consequence:
    Provided that the person doing the act did not, of his own accord or from apprehension of harm to himself short of instant death, placed himself in the situation by which he became subject to such compulsion.
    79. Non-voluntary Act
    No act is an offence which is done by a person involuntarily and without the ability of controlling his act by reason of "Act of God" or sudden illness which makes him incapable of avoiding that act.
    80. Act of necessity
    It shall not be an offence if an act is done by a person who is compelled by necessity to protect his person, property or honour or person, property or honour of another from imminent grave danger which he has not wilfully caused or wilfully exposed himself or other persons to and which he or that other person is not capable of avoiding.
    81. Act causing slight harm
    Nothing is an offence by reason that it causes or is intended to cause or that it is likely to cause any injury, if that injury is so slight that no person of ordinary sense and temper would complain of such injury .
    82. Presumption of the right of diyyah; damages etc
    Nothing contained in the provisions of sections 66-99 shall prejudice the right of diyyah or damages in appropriate cases.
    The Right of Private Defence
    83. Things done in private defence
    Nothing is an offence which is done in the lawful exercise of the right to private defence.
    84. Right of private defence
    Every person has a right, subject to the restrictions hereinafter contained to defend:-
    (a) his own body and the body of any other person against any offence affecting the human body;
    (b) 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 (sariqah), robbery (hirabah), mischief (fasad) or criminal trespass (ta'ddi) or which is an attempt to commit theft (sariqah), robbery (hirabah), mischief (fasad) or criminal trespass (ta'addi).
    85. Right of private defence against 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.
    Illustrations:
    (a) Z under the influence of madness attempts to kilI 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 faith 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.
    86. General limit to right of private defence
    The right of private defence in no case extends to the inflicting of more harm than is necessary to inflict for the purpose of defence.
    87. No right of private defence when protection of public authorities available
    There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
    88. Limitation of right of private defence against act of public servant
    There is no right of private defence against an act which does not reasonably cause apprehension of death or of grievous hurt, if done or attempted to be done:-
    (a) by a public servant doing an act justifiable in law and in good faith; or
    (b) by any person acting under the direction of a public servant acting lawfully and in good faith.
    89. When 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 sections 86 and 87, to the voluntary causing of death only when the act to be repelled is of any of the following descriptions, namely:-
    (a) an attack which causes reasonable apprehension of death or grievous hurt; or
    (b) rape or an assault with the intention of gratifying unnatural lust; or
    (c) abduction or kidnapping.
    90. When right of private defence of property extends to causing death
    The right of private defence of property extends, under the restrictions mentioned in sections 63, and 64, to the voluntary causing of death only when the act to be repelled is of any of the following descriptions, namely:-
    (a) robbery (hirabah); or
    (b) housebreaking by night; or
    (c) 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; or
    (d) theft, mischief, or house-trespass in such circumstances as may reasonably cause apprehension that, if such right of private defence is not exercised death or grievous hurt will be the consequence.
    91. 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 without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
    92. General offences and punishments
    Any act or omission which is not specifically mentioned in this Shari'ah Penal Code but is otherwise declared to be an offence under the Qur'an, Sunnah and Ijtihad of the Maliki School of Islamic thought shall be an offence under this code and such act or omission shall be punishable:
    (a) With imprisonment for a term which may extend to 5 years, or
    (b) With caning which may extend to 50 lashes, or
    (c) With fine which may extend to N5,000.00 or with any two of the above punishments.

  2. #2
    تاريخ التسجيل
    Jan 2006
    المشاركات
    7,816

    فكرة



    CHAPTER III
    PUNISHMENTS AND COMPENSATION
    93. Punishments
    (1) The punishments to which offenders are liable under the provisions of this Shari'ah Penal Code are:-
    (a) death(qatl);
    (b) forfeiture and destruction of property (al-musadarah wal ibadah);
    (c) imprisonment (sijn);
    (d) detention in a reformatory (harbs fie islahiyyat);
    (e) fine (gharamah);
    (f) caning (jald);
    (g) amputation (qat');
    (h) retaliation (qisas)
    (i) blood-wit (diyyah);
    (j) restitution (radd);
    (k) reprimand (tawbikh);
    (l) public disclosure (tash-heer);
    (m) boycott (hajar);
    (n) exhortation (wa'az);
    (o) compensation (arshlhukumah);
    (p) closure of premises;
    (q) warning
    (2) Nothing in this section shall prevent a court dealing with an offender in accordance with the Probation of Offender Law.

    94. Limitation on punishments
    No sentence of imprisonment shall be passed on any person who in the opinion of the Court is under fifteen years of age.
    95. Special provision for juvenile offenders
    When an accused person who has completed his seventeenth but not completed his eighteenth year of age is convicted by a court of any offence, the court may instead of passing the sentence prescribed under this code, subject the accused to:-
    (a) confinement in a reformatory home for a period not exceeding one year; or
    (b) twenty strokes of cane, or with fine or with both.
    96. Amount of fine
    (1) 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 exceed the jurisdiction of the court imposing it and shall not be excessive.
    (2) ThecourtshaRassessfinewithreferencetothenatureofth eoffenceconunifted, the amount of wrongful gain obtained thereby, the degree of the offender's participation and his financial status.
    97. Sentence of imprisonment for non-payment of fine
    Whenever an offender is sentenced to a fine whether with or without imprisonment under this Shari'ah Penal Code the court which sentences the offender may direct by the sentence that, in default of payment of the fine, the offender shall be committed to prison for a certain term which term shall be in excess of any other term of imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
    98. Imprisonment in default of payment of fine
    If an offence is punishable with fine or with imprisonment and fine the court may direct that in default of payment the offender be imprisoned for any term not exceeding the maximum fixed in the following scale, that is to say:-
    The period of impnsorunent shall not exceed the following, where the fine-
    a. does not exceed two hundred naira - seven days.
    b. exceeds two hundred naira and does not exceed four hundred naira - fourtheen days.
    c. exceeds four hundred naira and does not exceed one thousand five hundred naira - one month.
    d. exceeds one thousand five hundred naira and does not exceed two thousand naira - two months.
    e. exceeds two thousand naira and does not exceed three thousand naira - four months.
    f exceeds three thousand naira and does not exceed five thousand naira - six months.
    g. exceeds five thousand naira and does not exceed eight thousand naira - eight months.
    h. exceeds eight thousand naira and does not exceed ten thousand naira - one year.

    99. Fine not discharged by death or service of sentence in default of payment
    Where a fine or any part thereof remains unpaid the offender or estate, if he is dead, is not discharged from liability to pay the fine or the unpaid part thereof notwithstanding that he has served a term of imprisonment in default of payment of the fine.
    100. Limit of punishment when act within definition of more than one offence or when offence made up of several offences
    When the same act falls within the definition of more than one offence or when an offence consists of a series of acts each of which or any one or more of which constitutes the offence the same or some other offence, the offender shall not, unless it be otherwise expressly provided, be punished with a more severe punishment than the court which tries him could award for anv one of such offences.
    101. Caning or whipping
    A sentence of caning may be passed by any court whether trying a case summarily or otherwise on any offender as the punishment for that offence or in lieu of or in addition to any other punishment to which he might be sentenced for any offence not punishable with death.
    102. Punishment for misdemeanours
    A sentence of reprimand (tawbikh), or warning (tahdid), exhortation (wa'az) or boycott (hajar) may be passed by any court whether trying the case summarily or otherwise on any offender in lieu of, or in addition to any other punishment to which he might be sentenced for any offence not punishable with death, or offences falling under hudud and qisas.
    103. Restitution or compensation
    Any person who is convicted of an offence under this Shari'ah Penal Code shall, in addition to the punishment for the offence, be ordered to make complete restitution of any benefits, moneys, funds or properties obtained by the crime or other illegal means to the person(s), authorities, bodies or corporations concerned, and the court may, upon application by the victim or his relatives, order compensation for any injury that had resulted from the offence, in accordance with provisions of the relevant Act or Law.
    104. Closure of premises
    The court may order the closure of any premises used in conducting in any way any business in contravention of the provisions of this law for a period of not less one month and not exceeding one year.

    CHAPTER IV
    JOINTACTS

    105. 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 of such persons is liable for that act in the same manner as if it were done by him alone.
    106. When such act is criminal by reason of its being done with a criminal knowledge or intention
    Whenever an act, which is criminal only by reason of its being done 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 liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
    107. Cooperation by doing one of several acts constituting an offence
    When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
    108. 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 each person may be guilty of a different offence or offences by means of that act.

    CHAPTER V
    ABETMENT

    109. Abebnent defined
    A person abets the doing of a thing, who:-
    (a) instigates any person to do that thing; or
    (b) engages with one or more person or persons in any conspiracy for the doing of that thing; or
    (c) intentionally aids or facilitates by any act or illegal omission the doing of that thing.
    110. Abetment of offence defined
    A person abets an offence who abets either the commission of an offence or the commission of an act which would be an offence, if committed with the same intention or knowledge as that of the abettor by a person capable by law of committing an offence.
    111. Abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
    Whoever abets any offence shall, if the act abetted is committed inconsequence of the abetment and no express provision is made by this Shari'ah Penal Code or by any other law for the time being in force for the punishment of such abetment, be punished with the punishment provided for the offence.
    112. 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 been done with the intention or knowledge of the abettor and with no other.
    113. Liability of abettor when one act abetted and different act done
    When an act if abetted and a different act is done and the act done was a probable consequence of the abetment and was committed under the influence of the instigation or in pursuance of the conspiracy or with the aid which constitutes the abetment, the abettor is liable for the act done in the same manner and to the same extent as if he had directly abetted it.
    114. Abettor when liable to cumulative punishment for act abetted and for act done
    If the act for which the abettor is liable under section 87 is committed in addition to the act abetted and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
    115. Liability of abettor for an effect caused by act abetted different from that intended by 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 abettor 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 abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.
    116. Abettor present when offence committed liable as principal
    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.
    117. Abetment of offence punishable with death or imprisonment for life if offence not committed
    (1) Whoever abets the commission of an offence punishable with death or imprisonment for life shall, if that offence is not committed in consequence of the abetment and no express provision is made by this Shari'ah Penal Code or by any other Act or Law for the time being in force for the punishment of such abetment, be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
    (2) If the abettor is a public servant whose duty it is to prevent the commission of such offence, he shall be liable to imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
    118. Abetment of offence punishable with imprisonment if offence is not committed
    (1) Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment and no express provision is made by this Shari'ah Penal Code or by any other Act or Law for the time being in force for the punishment of such abetment, be punished with imprisonment 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.
    (2) If the abettor is a public servant whose duty it is to prevent the commission of such offence, he shall be liable to imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifty lashes.
    119. 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 member or class of persons exceeding ten, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    120. Administering unlawful oath
    Whoever administers, or takes, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind that person who takes it to commit any offence shall be punished:-
    a. with imprisonment for a term which may extend to two years or with fine or with both; and
    b. if the offence is an offence punishable with death, with imprisonment for a term which may extend to five years, or with fine or with both.
    CHAPTER VI
    ATTEMPTS TO COMMIT OFFENCES

    121. Attempting to commit offences punishable with imprisonment
    Whoever attempts to commit an offence punishable with imprisonment or to cause such an offence to be committed and in such attempts does any act towards the commission of the offence shall, where no express provision is made by this Shari'ah Penal Code or by any other Act or Law for the time being in force for the punishment of such attempt, be punished with imprisonment for a term which 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.


    CHAPTER VII
    CRIMINAL CONSPIRACY

    122. Criminal conspiracy defined
    (1) When two or more persons agree to do or cause to be done:-
    (a) an illegal act; or
    (b) an act which is not illegal by illegal means, such an agreement is called a criminal conspiracy.
    (2) Notwithstanding the provisions of subsection (1), no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some actbesides the agreement is done by one or more parties to such agreement in pursuance thereof.
    EXPLANATION 1: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
    EXPLANATION 2: This section shall not apply to an agreement of two or more persons to do or cause to be done any act in contemplation or furtherance of a trade dispute if such act committed by one person would not be punishable as an offence.
    123. Punishment for criminal conspiracy
    (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death or with imprisonment shall where no express provision is made in this Shari'ah Penal 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 for a term not exceeding six months or with fine or with both.
    124. Unlawful society defined
    Any society which by its composition, nature, or conduct is antisocial, counter productive or opposed to the general belief and culture of the people of the State, or is dangerous and obstructive to the good governance of the State or any part thereof, is said to be an unlawful society.
    125. Management or membership of unlawful society
    Whoever manages or is a member of an unlawful society shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to sixty lashes.



    CHAPTER VIII
    HUDUD AND HUDUD RELATED OFFENCES
    Zina (Adultery or Fornication)

    126. Zina defined
    Whoever, being a man or a woman fully responsible, has ***ual intercourse through the genital of a person over whom he has no ***ual rights and in circumstances in which no doubt exists as to the illegality of the act, is guilty of the offence of zina.
    127. Punishment for Zina
    Whoever commits the offence of zina shall be punished:-
    (a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for a term of one year; or
    (b) if married, with stoning to death (rajm).
    EXPLANATION: Mere penetration is sufficient to constitute the ***ual intercourse necessary to the offence of zina.
    Rape
    128. Rape defined
    (1) A man is said to commit rape who, save in the case referred in subsection (b), has ***ual intercourse with a woman in any of the following, circumstances:-
    (i) against her will;
    (ii) without her consent,
    (iii) with her consent, when her 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 her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married;
    (v) with or without her consent, when she is under fifteen years of age or of unsound mind.
    (2) ***ual intercourse by a man with his own wife is not rape.
    EXPLANATION: Mere penetration is sufficient to constitute the ***ual intercourse necessary to the offence of rape.
    129. Punishment for Rape
    Whoever commits rape, shall be punished:
    (a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for a term of one year; or
    (b). if married with stoning to death (rajm)
    (c) in addition to either (a) or (b) above shall also pay the dowry of her equals (sadaq al-mithli).
    Sodomy (Liwat)
    130. Sodomy defined
    Whoever has carnal intercourse against the order of nature with any man or woman is said to commit the offence of sodomy:
    Provided that whoever is compelled by the use of force or threats or without his consent to commit the act of sodomy upon the person of another or be the subject of the act of sodomy, shall not be deemed to have committed the offence.
    131. Punishment for Sodomy
    Whoever commits the offence of sodomy shall be punished:-
    (a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for the term of one year; or
    (b) if married with stoning to death (rajm).
    EXPLANATION: Mere penetration is sufficient to constitute carnal intercourse necessary to the offence of sodomy.
    Incest
    132. Incest defined
    (1) Whoever, being a man, has ***ual intercourse with a woman who is and whom he knows or has reason to believe to be his daughter, his granddaughter, his mother or any other of his female ascendant or descendants, his sister or the daughter of his sister or brother or his paternal or maternal aunt has committed the offence of incest.
    (2) Whoever, being a woman, voluntarily permits a man who is and whom she knows or has reason to believe to be her son, her grandson her father or any other of her male ascendants or descendants, her brother or the son of her brother or sister or her paternal or maternal uncle to have ***ual intercourse with her, has committed the offence of incest.
    133. Punishment for Incest
    Whoever commits incest shall be punished:
    (a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for a term of one year; or
    (b) if married with stoning to death (rajm).
    Lesbianism (Sihaq)
    134. Lesbianism defined
    Whoever being a woman engages another woman in carnal intercourse through her ***ual organ or by means of stimulation or ***ual excitement of one another has committed the offence of Lesbianism.
    135. Punishment for Lesbianism
    Whoever commits the offence of lesbianism shall be punished with caning which may extend to fifty lashes and in addition be sentenced to a term of imprisonment which may extend to six months.
    EXPLANATION: The offence is committed by the unnatural fusion of the female ***ual organs and or by the use of natural or artificial means to stimulate or attain ***ual satisfaction or excitement.
    Bestiality (Watal-Bahimah)
    136. Bestiality defined
    Whoever being a man or woman has carnal intercourse with any animal is said to commit the offence of bestiality.
    137. Punishment for Besiality.
    Whoever commits the offence of bestiality shall be punished with caning of fifty lashes and in addition shall be sentenced to a term of imprisonment of six months.
    EXPLANATION: Mere penetration is sufficient to constitute the carnal intercourse necessary to the offence of bestiality.
    Gross Indecency
    138. Acts of Gross Indecency
    Whoever commits an act of gross indecency upon the person of another without his consent or by the use of force or threats compels a person to join with him in the commission of such act shall be punished with caning of forty lashes and shall also be liable to imprisonment for a term of one year and may also be liable to fine:
    Provided that a consent given by a person below the age of fifteen years to such an act when done by his teacher, guardian or any person entrusted with his care or education shall not be deemed to be a consent within the meaning of this section.
    False Accusation of Zina (Qadhf)
    139. Qadhf defined
    Whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any false imputation of zina or sodomy concerning a chaste person (muhsin), or contests the paternity of such person even where such person is dead, is said to commit the offence of qadhf.
    Provided that a person is deemed to be chaste (muhsin) who has not been convicted of the offence of zina or sodomy.
    140. Punishment for Qadhf
    Whoever commits the offence of qadhf shall be punished with eighty lashes of the cane; and his testimony shall not be accepted thereafter unless he repents before the court.
    141. Remittance for the offence of Qadhf
    The offence of qadhf shall be remitted in any of the following cases:-
    (a) where the complainant (maqzuf) pardons the accuser (qazif)
    (b) where a husband accuses his wife of zina and undertakes the process of mutual imprecation (lian).
    (c) where the complainant (maqzuf) is a descendant of the accuser (qazif).
    Defamation
    142. Defamation defined
    (1) Whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any imputation concerning a person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, save in the cases hereinafter excepted, to defame that person.
    142 (2). Imputation of truth which public good requires to be published
    (2) It is not defamation:-
    (i) to impute any thing which is true concerning any person if it be for the public good that the imputation should be made or pubhshed; whether or not it is for the public good is a question of fact;
    Public conduct of public service
    (ii) to express in good faith any opinion whatever respecting the conduct of a public savant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further;
    Conduct of any person touching any public question
    (iii) 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;
    Publication of reports of proceedings of Courts
    (iv) to publish a substantially true report of proceedings of a Court of Justice or of the result of any such proceedings;
    Merits of case decided in courts or conduct of witnesses and others concerned
    (v) to express in good faith any opinion whatever respecting the 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 that conduct and no further;
    Merits of public performance
    (vi) 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;
    Censure passed in good faith by person having lawful authority over another
    (vii) 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 conductor that other in matters to which lawful authority relates;
    Accusation preferred in good faith to authorised person
    (viii) 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 the accusation;
    Imputation made in good faith by person for protection of his or others' interests
    (ix) To make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person making it or of any other person or for the public good;
    Caution intended for good of person to whom conveyed or for public good
    (x) 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.
    143. Punishment for defamation
    Whoever defames another shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to forty lashes.
    T'heft (Sariqah)
    144. Theft defined
    The offence of Theft shall be deemed to have been committed by a person who covertly, dishonestly and without consent, takes any lawful and movable property belonging to another, out of its place of custody (hirz) and valued not less than the minimum stipulated value (nisab) without any justification.
    145. Punishment for theft
    Whoever commits the offence of theft punishable with hadd shall be punished with amputation of the right hand from the joint of the wrist; and where the offender is convicted for the second theft shall be punished with the amputation of the left foot; and where the offender is convicted for the third theft shall be punished with the amputation of the left hand from the joint of the wrist, and where the offender is convicted for the fourth theft shall be punished with the amputation of the right foot; and where the offender is convicted for the fifth or subsequent thefts, he shall be imprisoned for a term not exceeding one year.
    146. Theft not punishable with Hadd defined
    Whoever commits the offence of theft that does not meet the requirement of hirz or nisab as provided under section 144 is said to commit the offence of theft not punishable with hadd.
    147. Remittance of the Hadd for theft
    The penalty of hadd for theft shall be remitted in any of the following cases:-
    (a) Where the offence was committed by ascendant against descendant;
    (b) Where the offence was committed between spouses within their matrimonial home; provided the stolen property was not under the victim's lock and key;
    (c) Where the offence was committed under circumstances of necessity and the offender did not take more than he ordinarily requires to satisfy his need or the need of his dependents;
    (d) Where the offender believes in good faith that he has a share (or a right or interest) in the said stolen property and the said stolen property does not exceed the share (or the right or interest to the equivalent of the minimum value of the property (nisab);
    (e) Where the offender retracts his confession before execution of the penalty in cases where proof of guilt was ****d only on the confession of the offender;
    (f) Where the offender returns or restitutes the stolen property to the victim of the offence and repents before he was brought to trial, he being a first time offender;
    (g) Where the offender was permitted access to the place of custody (hirz) of the stolen property;
    (h) Where the victim of the offence is indebted to the offender and is unwilling to pay, and the debt was due to be discharged prior to the offence, and the value of the property stolen is equal to, or does not exceed the debt due to the offender to the extent of the nisab.
    148. Punishment for theft not punishable by Hadd
    Whoever commits the offence of theft under section l46 or where the punishment of theft was remitted under section l47 shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to fifty lashes.
    Shurbul-khamar (Drinking alcoholic drink)
    149. Punishment for drinkiing alcoholic drink
    Whoever drinks alcohol or any intoxicant voluntarily, shall be punished with caning of eighty lashes.
    150. Punishment for dealing in alcoholic drinks
    Whoever prepares alcohol by either manufacturing, pressing, extracting or tapping whether for himself or for another; or transports, carries or loads alcohol whether for himself or for another; or trades in alcohol by buying or selling or supplying premises by either storing or leasing out premises for the storing or preserving or consumption or otherwise dealing or handling in any way alchoholic drinks shall be punished with caning which may extend to forty lashes or with iinprisonment for a term which may extend to six months or with both.
    151. Punishment for drunkenness in a public or private place
    Whoever is found drunk or drinking in a Public or private place; and conducts himself in a disorderly manner, to the annoyance of any person incapable of taking care of himself, shall in addition to the punishments specified in section 149 above, be punished with imprisonment for a term which may extend to six months or with a fine which may extend to two thousand naira or with both.
    Hirabah (Robbery)
    152. Hirabah defined
    Whoever acting alone or in conjunction with others in order to seize property or to commit an offence, or for any other reasons voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt, or of instant wrongful restraint in circumstances that renders such person helpless or incapable of defending himself, is said to commit the offence of hirabah.
    153. Punishment for Hirabah
    Whoever commits hirabah shall be punished:-
    (a) With imprisonment for life where the offence was committed without seizure of property or causing death.
    (b) With amputation of the right hand from the wrist and the left foot from the ankle where property was seized, but death was not caused.
    (c) With death sentence where death was caused, but property was not seized.
    (d) With crucifixion, where murder was committed and property was seized.
    154. Making preparation to commit Hirabah
    Whoever makes any preparation for committing the offence of hirabah, shall be punished with imprisonment for a term not exceeding one year and shall also be liable to caning which may extend to fifty lashes.
    155. Belonging to gang of persons associated for the purpose of committing Hirabah
    Whoever belongs to a gang of persons associated for the purpose of committing hirabah, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to fifty lashes.
    Offences against Property
    156. Extortion defined
    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 document of title or any thing signed or sealed which may be converted into valuable security, commits extortion.
    157. Punishment for Extortion
    Whoever commits extortion shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifty lashes.
    158. Putting person in fear of injury in order to commit extortion
    Whoever in order to commit extortion puts any person in fear or attempts to put any person in fear of any injury to that person or to any other, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to fifteen lashes.
    159. Extortion by putting a person in fear of death or grievous hurt
    Whoever in order to commit extortion puts any person in fear or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to caning which may extend to fifty lashes.
    160. Extortion by threat of accusation of an offence punishable with death
    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 a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to caning which may extend to fifty lashes.
    Criminal Misappropriation
    161. Criminal misappropriation defined
    Whoever dishonestly misappropriates or converts to his own use any movable property, commits criminal misappropriation.
    162. Punishment for criminal misappropriation
    Whoever commits criminal misappropriation shall be punished with imprisonment for a term which may extend to one year or with caning which may extend to fifteen lashes or with both.
    163. Criminal misappropriation of property possessed by deceased person at the time of his death
    Whoever commits criminal misappropriation or property knowing that the property so misappropriated was in the possession of a deceased person at the time of that person's death and has not since been in the possession of any person legally entitled to such possession shall be punished:-
    (a) With imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifteen lashes; or
    (b) If the offender at the time of such person's death was employed by him as a clerk or servant, with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to twenty lashes.
    Criminal Breach of Trust
    164. Criminal breach of trust defined
    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 disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract expressed 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.
    165. Punishment for Criminal breach of trust
    Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to ten years or with fine or with both.
    166. 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 for a term which may extend to fourteen years and shall also be liable to fine.
    167. Criminal breach of trust by a 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 respect of that property, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.
    168. Criminal breach of trust by public servant or by banker, merchant or agent
    Whoever, being in any manner entrusted with property or with any dominion over property in his capacity as a public servant or in the way of his business as a banker, factor, broker, legal practitioner or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to fifteen years and shall also be liable to fine.
    Receiving Stolen Property
    169. Stolen property defined
    Property, the possession whereof has been transferred by theft or by extortion or by hirabah, and property, which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is stolen property, whether the transfer has been made or the misappropriation or breach of trust has been committed within the State or elsewhere; but ff such property subsequently comes into possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
    170. 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 imprisonment for a term which may extend to seven years and shall also be liable to caning of fifty lashes.
    171. 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 for a term which may extend to five years and shall also be liable to caning of thirty lashes.
    172. Having possession of thing reasonably suspected of being stolen
    Whoever knowingly has in his possession or under his control anything which is reasonably suspected of having been stolen or unlawfully obtained and who does not give an account to the satisfaction of a court of justice as to how he came by the same shall be punished with imprisonment for a term which may extend to two years or with fine or both.
    Cheating
    173. Cheating defined
    Whoever by deceiving any person:-
    (a) 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
    (b) Intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind or reputation or property, is said to cheat.
    174. Cheating by personification defined
    A person is said to cheat by personification 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 person other than he or such other person really is.
    175. Punishment for cheating
    Whoever cheats shall be punished with imprisonment for a term which may extend to two years or with fine and in either case shall also be liable to caning which may extend to twenty lashes.
    176. Cheating person whose interest offender is bound to 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 a legal contract to protect, shall be punished with imprisonment for a term which may extend to three years or with fine and in either case shall also be liable to caning which may extend to forty lashes.
    177. Punishment for cheating by personification
    Whoever cheats by personification shall be punished with imprisonment for a term which may extend to two years or with fine and in either case shall also be liable to caning which may extend to forty lashes.
    178. Cheating and dishonestly inducing delivery of property
    Whoever cheats and thereby fraudulently or 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 document of title or anything which is signed or sealed and which is capable of being converted into a document of title, shall be punished with imprisonment which may extend to three years and shall also be liable to caning which may extend to forty lashes.
    Criminal Trespass
    179. Criminal trespass defined
    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, unlawfully remains there with intent thereby to intimidate, insult or annoy or with intent to commit an offence, is said to commit criminal trespass.
    180. House trespass defined
    (1) 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 or any railway carriage, motor vehicle or aircraft used for the conveyance of passengers or goods, is said to commit house trespass.
    (2) For the purpose of this section "building" means a structure of any kind whether permanent or temporary and includes a hut, store, granary, pound and a compound completely enclosed by a wall or other structure.
    181. Lurking house trespass defined
    (1) Whoever commits house trespass, having taken precaution to conceal such house trespass from some person who has a right to exclude or eject the trespasser from the building, tent, vessel, railway carriage, motor vehicle or aircraft which is the subject of the trespass, is said to commit lurking house trespass.
    (2) For the purpose of this section 'building" means a structure of any kind whether permanent or temporary and includes a hut, tent, store, granary, pound and a compound completely enclosed by a wall or other structure.
    182. Lurking house trespass by night defined
    Whoever commits lurking house trespass between sunset and sunrise, is said to commit lurking house trespass by night.
    183. House breaking defined
    A person is said to commit house breaking who commits house trespass, 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 offence 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:-
    (a) if he enters or quits through a passage made by himself or by any abettor of the house trespass in order to commit the house trespass;
    (b) 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;
    (c) if he enters or quits through any passage which he or any abettor of the house trespass has opened in order to commit the house trespass by any means by which that passage was not intended by the occupier of the house to be opened;
    (d) if he enters or quits by opening any lock in order to commit the house trespass or in order to quit the house after a house trespass;
    (e) if he effects his entrance or departure by using criminal force or committing an assault or by threatening any person with assault;
    (f) if he enters or quits by any passage which he knows to have been fastened against such entrance or departure and to have been unfastened by himself or by an abettor of the house trespass.
    184. Housebreaking by night defined
    Whoever commits housebreaking between sunset and sunrise; is said to commit housebreaking by night.
    185. Punishment for criminal trespass
    Whoever commits trespass shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to thirty lashes.
    186. Punishment for house trespass
    Whoever commits house trespass shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to thirty lashes.
    187. House trespass to commit offence punishable with death
    Whoever commits house trespass in order to commit any offence punishable with death shall be punished with imprisonment for a term not exceeding seven years and shall also be liable to caning which may extend to fifty lashes.
    188. House trespass to commit offence, punishab1e with fourteen years imprisonment
    Whoever commits house trespass in order to commit any offence punishable with fourteen years imprisonment shall be punished with imprisonment for a term not exceeding five years and shall also be liable to caning which may extend to forty lashes.
    189. House trespass to commit offence punishable with imprisonment
    Whoever commits house trespass in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.
    190. Punishment for lurking house trespass or house breaking
    Whoever commits lurking house trespass or house breaking, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.
    191. Punishment for lurking house trespass or house breaking in order to commit offence punishable with imprisonment
    Whoever commits lurking house trespass or house breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    192. 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 for a term which may extend to five years and shall also be liable to caning which may extend to forty lashes.
    193. Lurking house trespass or house breaking by night to commit offence punish- able with imprisonment
    Whoever commits lurking house trespass by night or house breaking by night in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to fifty lashes.
    194. Joint liability for lurk- ing house trespass or house breaking where death or grievous hurt caused
    If at the time of the committing of lurking house trespass or house breaking any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house trespass or house breaking shall be punished:-
    (a) with retaliation (qisas) under section 200 if death is caused; or
    (b) with retaliation (qisas) under section 220 if grievous hurt is caused; or
    (c) with imprisonment for life or for any less term, and shall also be liable to fine.
    195. Breaking open receptacle containing property
    Whoever dishonestly or with intent to commit mischief breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to twenty lashes.
    196. Breaking open receptacle by person entrusted with custody
    Whoever, being entrusted with any closed 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 for a term which may extend to two years and shall be liable to caning which may extend to thirty lashes.
    197. Lurking with house breaking implements
    Whoever is discovered between sunset and sunrise carrying false keys or other instruments suitable for house breaking and seeks to conceal himself or is otherwise shown to have a criminal intention, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.
    198. Fabrication of false key or instrument
    Whoever imitates or alters any key or fabricates any instrument intending that such false key or instrument shall be used for a criminal purpose, shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to thirty lashes.

  3. #3
    تاريخ التسجيل
    Jan 2006
    المشاركات
    7,816

    فكرة


    CHAPTER IX
    QISAS AND QISAS RELATED OFFENCES
    199. Intentional homicide defined
    Except in the circumstances mentioned in section 204, whoever being a mukallaf in a state of anger causes the death of a human being;
    (a) with the intention of causing death in such bodily injury as is probable or likely to cause death with an object either sharp or heavy; or
    (b) with a light stick or whip or any other thing of that nature which is not intrinsically likely or probable to cause death, commits the offence of intentional homicide (qatl al-amd).
    200. Punishment for intentional homicide
    Whoever commits the offence of intentional homicide shall be punished:-
    (a) with death; or
    (b) where the relatives of the victim remit the punishment in (a) above, with the payment of diyyah; or
    (c) where the relatives of the victim remit the punishment in (a) and (b) above, with caning of one hundred lashes and with imprisonment for a term of one year: Provided that in cases of intentional homicide by way of gheelah or hirabah, the punishment shall be with death only.
    201. Unintentional homicide defined
    Whoever being a mukallaf causes the death of any other person by mistake or accident, is said to commit unintentional homicide.
    202. Punishment for unintentional homicide
    Whoever commits the offence of unintentional homicide shall be punished with the payment, of diyyah.
    203. Waliyy al-damm causing death of suspect
    Whoever being a waliyy al-damm of a deceased person causes the death of the suspect alleged to have killed the deceased shall be punished:-
    (a) with imprisorunent for a term of six months and shall also be liable to caning which may extend to fifty lashes, if it was proved that the person killed was the one who caused the death of the deceased; or
    (b) where it was not proved that the suspect was the one who caused the death of the deceased, or it was proved that the death of the deceased was caused by the suspect but with legal justification the waliyy al-damm shall be deemed to have committed intentional homicide punishable under section 200.
    204. When intentional homicide is not punishable with death
    Except in the circumstances mentioned in section 200, intentional homicide is punishable with the payment of diyyah and not with death in any of the following circumstances:-
    (a) where the offender is an ascendant of the victim or where the intention of the ascendant is clearly shown to be the correction or discipline of the victim; or
    (b) where the offender, being a public servant acting for the advancement of public justice or being a person aiding a public servant so acting exceeds the powers given to him by law and necessary for the due discharge of his duty as such public servant or for assisting such public servant in the due discharge of such duty and without ill will towards the person whose death is caused; or
    (c) where the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.
    205. Attempts to commit intentional homicide
    Whoever does any act not resulting in death with such intention or knowledge and in such circumstances that if he by that act caused death, he would be guilty of intentional homicide, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning of one hundred lashes.
    206. Abetment in cases of homicide
    Whoever abets:-
    (a) any person under fifteen years of age or any insane person or any delirious person or any idiot or any person in a state of intoxication to commit suicide; or
    (b) any person to commit intentional homicide or unintentional homicide; shall be punished under section 200 of this Shari'ah Penal Code if:-
    (i) the abettor knew of the probable or likely consequence or result or effect of the act of the persons mentioned in (a) and (b) above; and
    (ii) theexecution/carrying out of the act of the persons mentioned in (a) and (b) above would not have been possible without the abetment of the abettor.
    CAUSING MISCARRIAGE " INJURIES TO UNBORN CHILDREN, EXPOSURE OF INFANT CRUELTY TO CHILDREN AND
    CONCEALMENT OF BIRTHS
    207. Causing miscarriage
    Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with the payment of ghorrah, and shall also be liable to caning which any extend to ten lashes.
    EXPLANATION: A woman, who causes herself to miscarry, is within the meaning of this section.
    208. Causing miscarriage unintentionally
    Whoever uses force to any woman and thereby causes her to unintentionally miscarry, shall be punished with the payment of the ghorrah.
    209. Death caused by act done with intent to cause miscarriage
    Whoever with intent to cause miscarriage of a woman whether with child or not does any act which causes the death of such woman, shall be punished:-
    (a) with the payment of diyyah; or
    (b) if the act is done without the consent of the woman, with qisas.
    210. Act done with intent to prevent child being born alive or to cause it to die after birth
    Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth and does by such act prevent that child from being born alive or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished:-
    (a) with qisas; and
    (b) if without intention with payment of diyyah.
    211. Causing death of quick unborn child by act amounting to culpable homicide
    Whoever does any act in such circumstances that, if he thereby caused death he would be guilty of intentional homicide and does by such act caused the death of a quick unborn child, shall be punished with the payment of ghorrah, in addition to the punishment for the offence of attempt to cause the death of the woman.
    212. Abandonment of child under fifteen years
    Whoever being the father or mother or having the care of a child under the age of fifteen years exposes or leaves such child in any place with the intention of wholly or partly abandoning such child, shall be punished with imprisonment for a term which may extend to three years and shall be liable to caning which may extend to forty lashes.
    213. Cruelty to children
    Whoever having the charge or care of a child under the age of fifteen years or being in a position of authority over him wilfully ill-treats or neglects him in such a way as to cause him unnecessary suffering, shall be punished:
    (a) with imprisonment for a term which may extend to one year or with fine or with both; and
    (b) if the ill-treatment or neglect results in serious injury to the health of such child, the offender shall be punished with imprisonment for a term-which may extend to five years.
    214. Concealment of births
    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 of such child, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    215. Hurt defined
    Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
    216. Grievous hurt defined
    The following kinds of hurt only are designated as grievous:-
    (a) Emasculation;
    (b) Permanent deprivation of the sight of an eye, of the hearing, of an ear, of the power of speech, taste, smell or sound mind;
    (c) Deprivation of any member or joint;
    (d) Destruction or permanent impairing of the powers of any member or joint;
    (e) Permanent disfiguration of the head or face;
    (f) Fracture or dislocation of a bone or tooth;
    (g) any hurt which endangers life or which causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits.
    217. Voluntarily causing hurt defined
    Whoever does 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 and does thereby cause hurt to any person, is said voluntarily to cause hurt.
    218. Voluntarily causing grievous hurt defined
    Whoever voluntarily causes hurt, if the hurt which he intends to cause or know himself to be likely to cause is grievous hurt and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.
    219. Punishment for causing hurt
    Whoever voluntarily causes hurt to any person shall be punished with imprisonment for a term which may extend to six months or with caning which may extend to twenty lashes and shall also be liable to pay damages.
    220. Punishment for causing grievous hurt
    Whoever voluntarily causes grievous hurt to any person shall be punished:
    (a) with retaliation (qisas); or
    (b) where the qisas is not applicable or the act was done by mistake, with the payment of diyyah as provided under the schedule to this Shari'ah Penal Code and shall also be liable to imprisonment for a term which may extend to six months; or with caning which may extend to twenty lashes or with both.
    Criminal Force and Assault
    221. Force defined
    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 any substance to come into contact with anv part 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 where the person causing any effect above-mentioned, causes it:
    (a) by his own body power; or
    (b) by disposing any substance in such a manner that the effect takes place without any further voluntary act on his part or on the part of any other person; or
    (c) by means of any animal.
    222. Criminal force defined
    Whoever intentionally uses force to any person without that person's consent:-
    (a) while preparing to commit any offence; or
    (b) in the course of committing any offence; or
    (c) intending by the use of such force to cause or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
    223. Assault defined
    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 is about to use criminal force to that person, is said to commit an assault.

    224. Punishment for assault or criminal force
    Whoever assaults or uses criminal force to any person shall be punished:-
    (a) with imprisonment for a term which may extend to one month or with fine or with both;
    (b) if grievous hurt is caused to any person by such assault or criminal force, under qisas.
    225. 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 prevent 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 for a term which may extend to two years or with fine or with both.
    226. Assault or criminal force to women with intent to outrage 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 for a term which may extend to one year and shall be liable to caning which may extend to forty lashes.
    227. 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 or any property which that person is then wearing or carrying, shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to twenty lashes.

    228. Assault or criminal force in at- tempt wrongfully to confine a person
    Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person shall be punished with imprisonment for a term which may extend to two months or with a fine or with both.
    Kidnapping, Abduction and Force Labour
    229. Kidnapping defined
    Whoever takes or entices any person 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 person without the consent of such guardian or conveys any such person beyond the limits of the state without the consent of someone legally authorised to consent to such removal, is said to kidnap such a person.
    230. Abduction defined
    Whoever by force compels or by any deceitful means induces any person to go from any place, is said to abduct such person.
    231. Punishment for kidnapping
    (1) Whoever kidnaps any person under the age of seven shall be punished under section 145 (for the offence of theft punishable with hadd).
    (2) Where the person kidnapped is above the age of seven shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to forty lashes.

    232. Punishment for abduction
    Whoever abducts any person shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to forty lashes.
    233. Kidnapping or abducting m order to cause death
    Whoever kidnaps or abducts any person in order that such person may be killed or may be so disposed of as to be put in danger of being killed, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to caning of fifty lashes.
    234. Procuration of minor girl or woman
    Whoever, by means of whatsoever, induces any girl or woman to go from any place or to do any act with intent that such girl or woman may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with himself or another person shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
    235. Importation of girl or woman from any place outside the State
    Whoever imports into the State from any place outside the State any girl or woman with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with himself or with another person shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
    236. 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 a person, shall be punished in the same manner as if he had kidnapped or abducted such person.
    237. Buying or selling minor or unsound minded person for immoral purpose
    Whoever buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person under the age of fifteen years or any person of unsound mind, with intent that such person shall be employed or used for the purpose of prostitution or for any unlawful or immoral purpose or knowing it to be likely such minor or unsound minded person will be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine.
    238. Unlawful compulsory labour
    (1) Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    (2) Without prejudice to subsection (1) above, the person so compelled to labour against his will shall be entitled to compensation to be determined by the court.
    239. Traffic in women
    Whoever, in order to gratify the passions of another person, procures, entices or leads away, even with her consent, any woman or girl for immoral purpose shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.


    CHAPTER IX
    QISAS AND QISAS RELATED OFFENCES

    199. Intentional homicide defined
    Except in the circumstances mentioned in section 204, whoever being a mukallaf in a state of anger causes the death of a human being;
    (a) with the intention of causing death in such bodily injury as is probable or likely to cause death with an object either sharp or heavy; or
    (b) with a light stick or whip or any other thing of that nature which is not intrinsically likely or probable to cause death, commits the offence of intentional homicide (qatl al-amd).
    200. Punishment for intentional homicide
    Whoever commits the offence of intentional homicide shall be punished:-
    (a) with death; or
    (b) where the relatives of the victim remit the punishment in (a) above, with the payment of diyyah; or
    (c) where the relatives of the victim remit the punishment in (a) and (b) above, with caning of one hundred lashes and with imprisonment for a term of one year: Provided that in cases of intentional homicide by way of gheelah or hirabah, the punishment shall be with death only.
    201. Unintentional homicide defined
    Whoever being a mukallaf causes the death of any other person by mistake or accident, is said to commit unintentional homicide.
    202. Punishment for unintentional homicide
    Whoever commits the offence of unintentional homicide shall be punished with the payment, of diyyah.
    203. Waliyy al-damm causing death of suspect
    Whoever being a waliyy al-damm of a deceased person causes the death of the suspect alleged to have killed the deceased shall be punished:-
    (a) with imprisorunent for a term of six months and shall also be liable to caning which may extend to fifty lashes, if it was proved that the person killed was the one who caused the death of the deceased; or
    (b) where it was not proved that the suspect was the one who caused the death of the deceased, or it was proved that the death of the deceased was caused by the suspect but with legal justification the waliyy al-damm shall be deemed to have committed intentional homicide punishable under section 200.
    204. When intentional homicide is not punishable with death
    Except in the circumstances mentioned in section 200, intentional homicide is punishable with the payment of diyyah and not with death in any of the following circumstances:-
    (a) where the offender is an ascendant of the victim or where the intention of the ascendant is clearly shown to be the correction or discipline of the victim; or
    (b) where the offender, being a public servant acting for the advancement of public justice or being a person aiding a public servant so acting exceeds the powers given to him by law and necessary for the due discharge of his duty as such public servant or for assisting such public servant in the due discharge of such duty and without ill will towards the person whose death is caused; or
    (c) where the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.
    205. Attempts to commit intentional homicide
    Whoever does any act not resulting in death with such intention or knowledge and in such circumstances that if he by that act caused death, he would be guilty of intentional homicide, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning of one hundred lashes.
    206. Abetment in cases of homicide
    Whoever abets:-
    (a) any person under fifteen years of age or any insane person or any delirious person or any idiot or any person in a state of intoxication to commit suicide; or
    (b) any person to commit intentional homicide or unintentional homicide; shall be punished under section 200 of this Shari'ah Penal Code if:-
    (i) the abettor knew of the probable or likely consequence or result or effect of the act of the persons mentioned in (a) and (b) above; and
    (ii) theexecution/carrying out of the act of the persons mentioned in (a) and (b) above would not have been possible without the abetment of the abettor.
    CAUSING MISCARRIAGE " INJURIES TO UNBORN CHILDREN, EXPOSURE OF INFANT CRUELTY TO CHILDREN AND
    CONCEALMENT OF BIRTHS
    207. Causing miscarriage
    Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with the payment of ghorrah, and shall also be liable to caning which any extend to ten lashes.
    EXPLANATION: A woman, who causes herself to miscarry, is within the meaning of this section.
    208. Causing miscarriage unintentionally
    Whoever uses force to any woman and thereby causes her to unintentionally miscarry, shall be punished with the payment of the ghorrah.
    209. Death caused by act done with intent to cause miscarriage
    Whoever with intent to cause miscarriage of a woman whether with child or not does any act which causes the death of such woman, shall be punished:-
    (a) with the payment of diyyah; or
    (b) if the act is done without the consent of the woman, with qisas.
    210. Act done with intent to prevent child being born alive or to cause it to die after birth
    Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth and does by such act prevent that child from being born alive or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished:-
    (a) with qisas; and
    (b) if without intention with payment of diyyah.
    211. Causing death of quick unborn child by act amounting to culpable homicide
    Whoever does any act in such circumstances that, if he thereby caused death he would be guilty of intentional homicide and does by such act caused the death of a quick unborn child, shall be punished with the payment of ghorrah, in addition to the punishment for the offence of attempt to cause the death of the woman.
    212. Abandonment of child under fifteen years
    Whoever being the father or mother or having the care of a child under the age of fifteen years exposes or leaves such child in any place with the intention of wholly or partly abandoning such child, shall be punished with imprisonment for a term which may extend to three years and shall be liable to caning which may extend to forty lashes.
    213. Cruelty to children
    Whoever having the charge or care of a child under the age of fifteen years or being in a position of authority over him wilfully ill-treats or neglects him in such a way as to cause him unnecessary suffering, shall be punished:
    (a) with imprisonment for a term which may extend to one year or with fine or with both; and
    (b) if the ill-treatment or neglect results in serious injury to the health of such child, the offender shall be punished with imprisonment for a term-which may extend to five years.
    214. Concealment of births
    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 of such child, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    215. Hurt defined
    Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
    216. Grievous hurt defined
    The following kinds of hurt only are designated as grievous:-
    (a) Emasculation;
    (b) Permanent deprivation of the sight of an eye, of the hearing, of an ear, of the power of speech, taste, smell or sound mind;
    (c) Deprivation of any member or joint;
    (d) Destruction or permanent impairing of the powers of any member or joint;
    (e) Permanent disfiguration of the head or face;
    (f) Fracture or dislocation of a bone or tooth;
    (g) any hurt which endangers life or which causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits.
    217. Voluntarily causing hurt defined
    Whoever does 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 and does thereby cause hurt to any person, is said voluntarily to cause hurt.
    218. Voluntarily causing grievous hurt defined
    Whoever voluntarily causes hurt, if the hurt which he intends to cause or know himself to be likely to cause is grievous hurt and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.
    219. Punishment for causing hurt
    Whoever voluntarily causes hurt to any person shall be punished with imprisonment for a term which may extend to six months or with caning which may extend to twenty lashes and shall also be liable to pay damages.
    220. Punishment for causing grievous hurt
    Whoever voluntarily causes grievous hurt to any person shall be punished:
    (a) with retaliation (qisas); or
    (b) where the qisas is not applicable or the act was done by mistake, with the payment of diyyah as provided under the schedule to this Shari'ah Penal Code and shall also be liable to imprisonment for a term which may extend to six months; or with caning which may extend to twenty lashes or with both.
    Criminal Force and Assault
    221. Force defined
    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 any substance to come into contact with anv part 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 where the person causing any effect above-mentioned, causes it:
    (a) by his own body power; or
    (b) by disposing any substance in such a manner that the effect takes place without any further voluntary act on his part or on the part of any other person; or
    (c) by means of any animal.
    222. Criminal force defined
    Whoever intentionally uses force to any person without that person's consent:-
    (a) while preparing to commit any offence; or
    (b) in the course of committing any offence; or
    (c) intending by the use of such force to cause or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
    223. Assault defined
    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 is about to use criminal force to that person, is said to commit an assault.

    224. Punishment for assault or criminal force
    Whoever assaults or uses criminal force to any person shall be punished:-
    (a) with imprisonment for a term which may extend to one month or with fine or with both;
    (b) if grievous hurt is caused to any person by such assault or criminal force, under qisas.
    225. 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 prevent 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 for a term which may extend to two years or with fine or with both.
    226. Assault or criminal force to women with intent to outrage 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 for a term which may extend to one year and shall be liable to caning which may extend to forty lashes.
    227. 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 or any property which that person is then wearing or carrying, shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to twenty lashes.

    228. Assault or criminal force in at- tempt wrongfully to confine a person
    Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person shall be punished with imprisonment for a term which may extend to two months or with a fine or with both.
    Kidnapping, Abduction and Force Labour
    229. Kidnapping defined
    Whoever takes or entices any person 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 person without the consent of such guardian or conveys any such person beyond the limits of the state without the consent of someone legally authorised to consent to such removal, is said to kidnap such a person.
    230. Abduction defined
    Whoever by force compels or by any deceitful means induces any person to go from any place, is said to abduct such person.
    231. Punishment for kidnapping
    (1) Whoever kidnaps any person under the age of seven shall be punished under section 145 (for the offence of theft punishable with hadd).
    (2) Where the person kidnapped is above the age of seven shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to forty lashes.

    232. Punishment for abduction
    Whoever abducts any person shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to forty lashes.
    233. Kidnapping or abducting m order to cause death
    Whoever kidnaps or abducts any person in order that such person may be killed or may be so disposed of as to be put in danger of being killed, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to caning of fifty lashes.
    234. Procuration of minor girl or woman
    Whoever, by means of whatsoever, induces any girl or woman to go from any place or to do any act with intent that such girl or woman may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with himself or another person shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
    235. Importation of girl or woman from any place outside the State
    Whoever imports into the State from any place outside the State any girl or woman with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with himself or with another person shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
    236. 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 a person, shall be punished in the same manner as if he had kidnapped or abducted such person.
    237. Buying or selling minor or unsound minded person for immoral purpose
    Whoever buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person under the age of fifteen years or any person of unsound mind, with intent that such person shall be employed or used for the purpose of prostitution or for any unlawful or immoral purpose or knowing it to be likely such minor or unsound minded person will be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine.
    238. Unlawful compulsory labour
    (1) Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    (2) Without prejudice to subsection (1) above, the person so compelled to labour against his will shall be entitled to compensation to be determined by the court.
    239. Traffic in women
    Whoever, in order to gratify the passions of another person, procures, entices or leads away, even with her consent, any woman or girl for immoral purpose shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.

  4. #4
    تاريخ التسجيل
    Jan 2006
    المشاركات
    7,816

    فكرة




    CHAPTER X - TA'AZIR OFFENCES
    Criminal Intimidation, Insult and Annoyance
    240. Criminal intimidation defined
    Whoever threatens another with any injury to his person, reputation or property or to the person, reputation or property of anyone in whom that person is interested, with intent to cause harm to that person or to cause that person to do any act which he is not legally 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.
    241. Punishment for criminal intimidation
    Whoever commits the offence of criminal intimidation shall be punished:-
    (a) with imprisonment for a term which may extend to two years or with fine or with both, and
    (b) if the threat be to cause death or grievous hurt or to cause the destruction of any property by fine or to cause an offence punishable with death or with imprisonment for a term which may extend to seven years or to impute unchastity to a woman, with imprisonment for a term which may extend to seven years or with fine or with both.
    242. Criminal intimidation by an anonymous communication
    (1) 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 for a term which may extend to two years in addition to the punishment provided for the offence by section 241.
    (2) 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 imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to forty lashes.
    Wrongful Restraint and Wrongful Confinement
    243. Wrongful restraint defined
    (1) 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 to restrain that person wrongfully.
    (2) 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 within the meaning of this section.
    244. Wrongful confinement defined
    Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said to confine that person wrongfully.
    245. Punishment for Wrongful restraint
    Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand naira or with both.
    246. Punishment for wrongful confinement
    Whoever wrongfully confines any person, shall be punished:-
    (a) with imprisonment for a term which may extend to one year or with fine which may extend to one thousand naira or with both;
    (b) if the wrongful confinement continues for more than a day with imprisonment for a term which may extend to one year or with fine or with both;
    (c) without prejudice to the punishments prescribed in (a) and (b) above, the offender shall be liable to pay compensation to the confined person which shall be determined by the court.
    247. Wrongful confinement after warrant or order or writ issued for production or liberation
    Whoever keeps any person in wrongful confinement knowing that a warrant or order or writ for the production or liberation of that person has been duly issued shall be punished with imprisonment for a term which may extend to six months, in addition to any term of imprisonment which he may be liable under any other section of this chapter.
    248. 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 not be known to or discovered by any such person or public servant as therein before mentioned shall be punished with imprisonment for a term which may extend to one year in addition to any other punishment to which he may be liable for such wrongful confinement.
    249. 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 document of title or of constraining the person confined or any person interested in such person to do any thing illegal or to give any information which may facilitate the commission of an offence shall be punished with imprisomnent for a term which may extend to two years and shall be liable to caning which may extend to twenty lashes.
    250. 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 which 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 document of title shall be punished with imprisonment for a term which extend to two years and shall be liable to caning which may extend to fifty lashes.
    Forgery
    251. Making a false document defined
    A person is said to make a false document:-
    (a) 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, signed, sealed or executed by or 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, sealed or executed; or
    (b) who without lawful authority dishonestly 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 such alteration; or
    (c) who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document knowing that such person by reason of unsoundness of mind or intoxication cannot or that by reason of deception practiced upon him he does not know the contents of the document or the nature of the alteration.
    252. Forgery and forged document defined
    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 property or to enter into any express or implied contract or with intent to commit fraud or that fraud may be committed, commits forgery; and a false document made wholly or in part by forgery is called a forged document.
    253. Punishment for forgery
    Whoever commits forgery shall be punished with imprisonment for a term which may extend to five years or with fine or with both.
    254. Forgery of public seals, etc
    Whoever forges:-
    (a) a thing which purports to be the public seal of Nigeria or of any State of Nigeria or the great or privy seal of any country of Commonwealth or the seal of the President or a Governor of a State; or
    (b) a document having on it or affixed to it any such seal signet, or sign manual, or anything which purports to be or is intended by the person to be understood to be, any such seal signet or sign manual, shall be punished with imprisonment for a term of fourteen years and shall also be liable to fine.
    255. 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.
    256. Making or possessing counterfeit seal with intent to commit forgery
    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 forgery or with such intent has in his possession any such seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine.
    257. Possession of forged record
    Whoever has in his possession any forged document knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine.
    258. Counterfeiting device or mark used for authenticating document
    Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document intending that such device or mark shall be used for the purpose of given 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 device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine.
    259. Fraudulent cancellation or destruction of document of title
    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 secretes or commits theft in respect of any document which is or purports to be a document of title or a win or commits mischief in respect to any such document, shall be punished:-
    (a) with amputation, where the value of the title amounts to nisab; or
    (b) in other cases, with imprisonment for a term which may extend to five years and shall also be liable to fine.

    260. 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, destroy, alter, mutilate or falsify any book, paper, writing, document of title or account, which belongs to or is in the possession of his employer or has been 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 from or in any such book, paper writing, document of title or account, shall be punished with imprisonment for a term which may extend to five years or with fine or with both.
    Property and Other Marks
    261. Property mark de fined
    A mark used for denoting that movable property belongs to a particular person is called a property mark.
    262. Using false property mark defined
    Whoever marks any movable property or goods or uses 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 that 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.
    262 (A). Punishment for using a false property mark
    Whoever uses any false property mark shall unless he Proves that he Acted without intent to defraud be Punished with imprisonment for a term which may extend to one year or with fine or with both.
    263. Punishment for counterfeiting a property mark used by another
    Whoever counterfeits any property mark shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
    264. 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 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 for a term which may extend to three years and shall also be liable to fine.
    265. Making or possession of any instrument for counterfeiting a property mark
    Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they' do not belong, shall be punished with imprisonment for a term which may extend to three years or with fine or with both.
    266. Punishment for making or possession of any instrument for counterfeiting a property mark
    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 contained or that it does not contain goods which it does contain or that the goods contained in such receptacle are of a nature of quality different from the real nature of quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment for a term which may extend to two years or with fine or with both.
    267. Making use of any such false mark
    Whoever makes use of any such false mark in any manner prohibited by section 266 shall unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.
    2.68. Tampering with property mark
    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 for a term which may extend to one year or with fine or with both.
    Criminal Breach of Contract of Service

    269. Breach of contract of service duringvoy age or journey
    Whoever, being bound by a lawful contract to render his personal service in conveying or conducting any person or any property from one place to another place or to act as servant to any person during a voyage or journey or to guard any person or property during the voyage or journey, voluntarily omits so to do, except in the case of illness or ill-treatment, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    270. Breach of contract to attend on and 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 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, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    Breach of Official Trust
    271. Breach of official trust defined
    Whoever, by reason or by means of his employment as a public servant acquires any information in respect of which he is under an obligation of secrecy express or implied and at any time communicates or attempts to communicate such information to any person to whom the same ought not in the public interest to be communicated at that time, is said to commit a breach of official trust

    272. Punishment for breach of official trust
    Whoever commits a breach of official trust shall:
    (a) if the communication is made or attempted to be made to the agent of a foreign government, be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine or caning which may extend to fifty lashes; or
    (b) in any other case shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to thirty lashes.
    Offences against the Public Peace
    273. Unlawful assembly defined
    An assembly of two or more persons is designated an unlawful assembly if the common object of the persons composing that assembly is:
    (a) to overawe by criminal force or show of criminal force the Government or the Government of the Federation or any Government of Nigeria or any public servant in the exercise of his lawful powers; or
    (b) to resist the execution of any law or of any legal process; or
    (c) to commit any mischief or criminal trespass or other offence of any kind whatsoever; or
    (d) by means of criminal force or show of criminal force to enforce any right or supposed right; or
    (e) 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.

    274. Membership of lawful assembly defined
    Whoever being aware of facts which render any assembly an unlawful assembly intentionally joins that assembly or continues in it is said to be a member of an unlawful assembly.
    275. Punishment for membership of unlawful assembly
    Whoever is a member of an unlawful assembly shall be punished with imprisonment for a term which may extend to one year, or with fine or with both.
    276. Joining unlawful assembly armed with deadly weapon
    Whoever being a member of an unlawful assembly is armed with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to fifty lashes.
    277. 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 lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    278. Rioting defined
    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.
    279. Punishment for rioting
    Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to three years or with fine or with both.
    280. 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 for a term which may extend to five years and shall also be liable to caning which may extend to sixty lashes.
    281. 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, every person, who at the time of the committing of that offence is a member of the assembly, is guilty of that offence.
    282. Promoter of an unlawful assembly liable as a member
    Whoever promotes or does any act with intent to assist the promotion of an unlawful assembly shall be punishable as a member of such unlawful assembly and for any offence which may be committed by any member thereof in the same manner as if he had himself been a member of such unlawful assembly.

    283. Joining or continuing in assembly of five or more persons knowing it it has been commanded to dis perse
    Whoever joins or continues in any assembly of five or more persons likely to cause disturbance of the public peace knowing that such assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
    284. Wearing and carrying of emblem, flag, etc
    Whoever wears, carries or displays in public any emblem, flag, article of clothing or other token or device in such manner or on such occasion or in such circumstances as:-
    (a) to constitute an offence under any other section of this Shari'ah Penal Code, or of any other subsisting Act or Law; or
    (b) to cause or be likely to cause annoyance to the public or any section thereof, or a breach of the peace, or disturbance of the public peace, or the commission of an offence, shall be punished with imprisonment for a term which may extend to six months or with fine or with both, and in addition the emblem, flag, article of clothing or other token or device in respect of which an offence under this section has been committed shall be liable to forfeiture.
    285. Assaulting or obstructing public servant when suppressing riot, etc
    Whoever assaults or threatens to assault or obstruct or attempts to obstruct any public servant in the discharge of his duty 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 for a term which may extend to five years and shall also be liable to caning which may extend to fifty lashes.

    286. Disturbance of public peace
    Whoever in a public place disturbs the public peace shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to five thousand naira or with both.
    287. Inciting disturbance
    Whoever does any act with intent to cause or which is likely to cause a breach of the peace or disturb the public peace shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand naira or with both.
    Offences by or Relating to Public Servants
    288. Public servants taking gratification in respect of official act
    Whoever being or expecting to be a public servant accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification whatever whether pecuniary or otherwise, other than lawful remuneration, as a motive or reward--
    (a) for doing or forbearing to do any official act; or
    (b) for showing or forbearing to show in the exercise of his official functions favour or disfavour to any person, or
    (c) for rendering or attempting to render any service or disservice to any person with any department of the public service or with any public servant as such, shall be punished:-
    (i) with imprisonment which may extend to five years and shall also be liable to caning which may extend to thirty lashes;
    (ii) if such public servant is a public servant in the service of the government of the State or of the government of the Federation acting in a judicial capacity or carrying out the duties of a police officer, with imprisonment for a term which extend to seven years and shall also be liable to caning which may extend to fifty lashes.
    EXPLANATION 1:
    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 serve them, he may be guilty of cheating but he is not guilty of an offence under this section.
    EXPLANATION 2:
    A public servant who receives 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, is guilty of an offence under this section.
    289. Taking gratification in order 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 whether pecuniary or otherwise or as a motive or reward for inducing by corrupt or illegal means any public servant:-
    (a) to do or forbear to do any official act, or
    (b) in the exercise of the official functions of such public servant to show favour or disfavour to any person, or
    (c) to render or attempt to render any service or disservice to any person with any department of the public service or with any public servant as such, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.
    290. Abetment by public servant of offence mentioned in section 289
    Whoever being a public servant in respect of whom an offence under section 289 is committed, abets the offence, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.
    291. Offering or giving gratification to public servant
    Whoever offers or gives or agrees to give any gratification whatever whether pecuniary or otherwise in the circumstances and for any of the purposes mentioned in section 288 and 289 shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to thirty lashes and in either case shall also be liable to fine.
    292. 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 or for any other person any valuable thing without consideration or for a consideration which he knows to be inadequate:-
    (a) 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 about 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
    (b) from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    293. Offering or giving valuable thing without consideration
    Whoever in any of the circumstances mentioned in section 292 offers or gives or agrees to give to any public servant or to any person, in whom a public servant is interested or to whom he is related, any valuable thing without consideration or for a consideration which he knows to be inadequate, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    294. Third person profiting by gratification
    Whoever knowingly profits by any gratification or benefit obtained in any of the circumstances mentioned in section 288, 289 or 292 but does not take any active part in obtaining such gratification or benefit, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to twenty lashes.
    295. Public servant dishonestly receiving money or property not due
    Whoever, being a public servant in his capacity as such dishonestly receives from any person any money or other property which he is not authorized to receive or which is in excess of the amount which he is authorized to receive shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to twenty lashes.
    296. Public servant disobeying direction of law with intent to cause injury or to save person from punishment or property from forfeiture
    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 thereby or knowing himself to be likely thereby-
    (a) to cause injury to any person or to the public; or
    (b) to save any person from legal punishment or to subject him to a less punishment than that to which he is liable or to delay the imposition on any person of any legal punishment; or
    (c) to save any property from forfeiture or from any seizure or charge to which it is liable by law or to delay the forfeiture or seizure of any property or the imposition or enforcement of any Charge upon any property, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.
    297. Public servant framing incorrect document with intent to cause injury
    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 and believes to be incorrect intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    298. Public servant in judicial proceeding acting contrary to law
    Whoever, being a public servant knowing that he is likely to cause injury to any person or intending unlawfully to give any person an advantage makes or pronounces many stage of a judicial proceeding any report, order, judgment or decision which he knows to be contrary to law, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to thirty lashes.
    299. Wrongful committal or confinement by public servant
    Whoever, being a public servant authorized by law to commit persons for trial or to confinement or to keep persons in confinement, commits any person for trial or to confinement or keeps any person in confinement:-
    (a) Knowing that he is acting contrary to law; and
    (b) Knowing that he is likely to cause injury to any person or intending unlawfully to give any person an advantage, shall be punished with imprisonment for term which may extend to five years and shall be liable to caning which may extend to thirty lashes.
    300. Public servant omitting to arrest or aiding escape
    Whoever being a public servant whose duty it is as such public servant to arrest any person or to keep any person in confinement or custody, intentionally omits to arrest such person or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, or custody, shall be punished as follows:-
    (a) With the same penalty that the person allowed to escape or attempt to escape from lawful custody is liable to, such public servant being deemed an accomplice;
    (b) Where the person allowed to escape is awaiting death penalty the public servant shall be subject to a term of imprisonment which may extend to life;
    (c) With a term of imprisonment which shall extend to any such time that the person who was allowed to escape from lawful custody is reapprehended;
    (d) Nothing in this section shall prevent the additional punishment of caning which may extend to fifty lashes.
    301. Public servant negligently omitting to arrest or permitting to escape
    Whoever, being a public servant whose duty it is as such public servant to arrest any person or to keep any person in confinement or custody, negligently omits to arrest that person or negligently suffers that person to escape from confinement or custody, shall be punished with a term of imprisonment which may extend to one year and shall be liable to caning which may extend to twenty lashes.
    302. Abandonment of duty by public servant
    Whoever, being a public servant whether acting alone or in prearranged agreement with two or more other such public servants willfully abandons any duty pertaining to his office which he is legally bound to perform shall, if the intention is to cause danger to human life, health or safety, or tends to cause a riot or any injury or damage or grave inconvenience to the community, be punished with a term of imprisonment which shall not be less than one year and shall also be liable to caning which shall extend to fifty lashes.
    303. Public servant unlawfully purchasing 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 in his own name or in the name of another jointly or in shares with others, shall be punished:-
    (a) With imprisonment for a term which may extend to two years; and
    (b) With caning which may extend to forty lashes; and
    (c) With forfeiture of all property unlawfully purchased or bade.
    304. Personating a public servant
    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, or wears any dress or carries any token resembling any dress or token used by that class of pubic servant with the intention that it may be believed that he belongs to that class of public servant, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    Contempt of the Lawful Authority of Public Servants
    305. Absconding to avoid or preventing service or publication of summons, notice or order, etc.
    Whoever in any manner:-
    (a) Absconds from, or intentionally, prevents the serving on himself or on any other person of any summons, notice or order proceeding from any public servant legally competent as such public servant to issue such summons, notice or order; or
    (b) Intentionally prevents the lawful affixing to any place of any such summons, notice or order; or
    (c) Intentionally removes any such summons, notice or order from any place to which it is lawfully affixed;
    (d) 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:-
    (i) With imprisonment for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes; or
    (ii) 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 imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to forty lashes.
    306. Failure to attend in obedience to an order from public servant
    Whoever, having been required by a summons, notice, order or proclamation proceeding from any public servant legally competent as such public servant to issue the same to attend in person or by agent at a certain time and place, intentionaflyandwithoutreasonablecauserefusesoromi tstoattendattheplacci and time or departs from that place before the time at which it is lawful for him to depart, shall be punished with:-
    (a) a term of imprisonment which may extend to one month, and shall also be liable to caning which may extend to twenty lashes; or
    (b) if the summons, notice, order or proclamation is to attend in person or by agent in a court of justice, with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    307. Failure to produce document to public servant
    Whoever, having been required by a summon, notice, order or proclamation proceeding from a public servant legally competent as such public servant to issue document or other thing, intentionally omit so to produce or deliver up the same, shall be punished:-
    (a) with imprisonment for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes;
    (b) if the document is to be produced or delivered up to a court of justice, with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    308. Failure to give notice or information to public servant
    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:-
    (i) with imprisonment for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes; or
    (ii) if the information which he is legally bound to give is in respect of the commission of an offence or is required for the purpose of preventing the commission of an offence or in order to arrest an offender, with imprisonment which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    309. 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:-
    (a) with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    (b) if the information which he is legally bound to give is in respect of the commission of an offence or is required for the purpose of preventing the commission of an offence or in order to arrest an offender, with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to forty lashes.
    310. False information with intent to mislead public servant
    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 likely that he will thereby cause such public servant:-
    (a) to do or to omit anything which such public servant ought not to do or omit if the true state of facts respecting 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, shall be punished with a term of imprisonment which may extend to one year, and shall also be liable to caning which may extend to thirty lashes.
    311. Refusing to answer public servant authorized to question
    Whoever being legally bound to answer questions put to him on any subject by any public servant in the exercise of the lawful powers of such public servant, refuses to answer any such question, shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to twenty lashes.
    312. 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 imprisonment for a term which may extend to three months and shall also be liable to caning which may extend to twenty lashes.
    313. Resistance to taking of property by lawful authority of 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 for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    314. 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 for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes.
    315. Removing property under lawful seizure
    Whoever, when any property has been attached or taken by the lawful authority of any public servant, knowingly and with intend to hinder or defeat the attachment or process receiver, removes, retains, conceals, or disposes of such property, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.
    316. 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 or any other, whom he knows to be under 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 for a term which may extend to six months, and shall also be liable to caning which may extend to thirty lashes.
    317. Obstructing public servant in discharge of functions
    Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to forty lashes.
    318. Obstructing public servant in discharge of duty under any written law
    Whoever voluntarily obstructs any public servant in the discharge of his public functions under any written law or voluntarily obstructs any person engaged in the discharge of any duty imposed on him by any written law shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to forty lashes.
    319. Failing to assist public servant when bound by law to assist
    Whoever, being legally bound 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 imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    320. Contravention of residence order
    Whoever being legally prohibited from residing in any district, or being legally ordered to reside in any district, intentionally disobeys any such prohibition or order shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    321. Disobedience to order duly promulgated by public servant
    Whoever, knowing that by an order promulgated by a public servant legally empowered to promulgate such order he is directed to abstain from a certain act, or to take certain action with respect to certain property in his possession or under his management, disobeys such direction, shall:-
    (a) if such disobedience causes or tends to cause obstruction, annoyance or injury or risk of obstruction, annoyance or injury to any person lawfully employed, be punished with imprisonment for a term which may extend to three months and shall also be liable to caning which may extend to twenty lashes.
    (b) if such disobedience causes or tends to cause danger to human life, health or safety or causes or tends to cause riot or affray, shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.
    322. 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 for a term which may extend to two years and shall also be liable to caning which may extend to forty lashes.
    323. Threat of injury to induce person to refrain from applying 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 applying for protection against an injury to any public servant legally empowered as such to give such protection or to cause such protection to be given, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to forty lashes.
    324. Intentional insult or interruption to public servant sitting in judicial proceeding
    Whoever intentionally offers 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 imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to twenty lashes.
    False Evidence and Offences Relating to the Administration of Justice
    Offences relating to Evidence
    325. Giving false evidence defined
    Whoever makes any statement, verbally or otherwise, which is false in a material does not believe particular and which he either knows or believes to be false or to be true, is said to give false evidence.
    EXPLANATION: A material particular within the meaning of this section means a particular which is material to any question then in issue or intended to be raised in that proceeding.
    326. Fabricating false evidence defined
    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 or be used in a judicial proceeding or in a proceeding taken by law before a public servant as such or before an arbitrator and that such circumstance, false entry or false statement so appearing in evidence or so used may cause any person, who in such proceeding is to form an opinion upon the circumstance, entry or statement to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence.

  5. #5
    تاريخ التسجيل
    Jan 2006
    المشاركات
    7,816

    فكرة

    327. Punishment for false evidence
    (l) Whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for the purpose of its being used in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to caning of sixty lashes.
    (2) Whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to forty lashes.
    328. Giving false evidence to procure conviction of capital offence
    (1) 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 of an offence which is punishable with death shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to caning of sixty lashes.
    (2) If an innocent person is convicted and executed in consequence of such false evidence, the person who gave or fabricated such false evidence shall be punished with retaliation (qisas).
    (3) If an innocent person is convicted and is caused to suffer the punishment of amputation in consequence of such false evidence, the person who gave or fabricated such false evidence shall be punished with retaliation (qisas).
    329. Giving false evidence to procure conviction of offence punishable with imprisonment
    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 of an offence which is not punishable with death but is punishable with any term of imprisonment or caning shall be punished as a person convicted of that offence would be liable to be punished.
    330. Using evidence known to be false
    Whoever 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.
    331. Issuing or signing false evidence
    Whoever issues or signs any certificate required by law to be given or signed or relating to any fact of which such certificate is legally 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.
    332. Using as true a certificate known to be false
    Whoever uses or attempts to use any certificate mentioned in above section 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.
    333. False statement in declaration which is by law receivable as evidence
    (1) 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 neither knows nor believes to be false or does 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.
    (2) Whoever 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 this section.
    334. False translation
    Whoever knowingly makes a false translation of the evidence of a witness or of the statement of an accused person or of a party to a civil suit or makes a false translation or copy of any document with the intention that such translation or copy shall be used in any manner in any judicial proceeding or knowing that it is likely to be so used, and whoever knowingly uses such translation or copy in any manner in any judicial proceeding, shall be punished in the same manner is if he gave false evidence.
    335. Destruction of document to prevent its production as evidence
    Whoever secretes or destroys any document which he may be lawfully compelled to produce as 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 produced 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 for a term which may extend to five years and shall also be liable to caning which may extend to fifty lashes.
    Screening of Offenders
    336. 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 the offence to disappear with the intention of screening the offender from legal punishment, or with a like intention of intending to prevent his arrest gives any information respecting the offence which he knows or believes to be false or harbours or conceals a person whom he knows or has reason to believe to be the offender shall be punished:-
    (a) with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to forty lashes.
    (b). in addition where the offender causes evidence to disappear the offender shall be caused to remit the evidence so caused to disappear or be punished with an additional term of imprisonment which may extend to one year.
    EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence and the punishment for the offence shall be deemed to be the same as the punishment would be if the act were done in Zamfara State.
    337. Taking gratification to screen an offender form 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 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, shall be punished with imprisonment for a term which may extend to seven years and shall be liable to caning which may extend to fifty lashes.
    EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence and the punishment for the offence shall deemed to be the same as the punishment would be if the act were done in Zamfara State.
    338. Offering gratification in consideration or screening offender
    Whoever gives or causes or offers or agrees to give or cause any gratification to any other person or to restore or cause the restoration of any property to any other person, in consideration of that other 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, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to fifty lashes.
    EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence and the punishment for the offence shall be deemed to be the same as the punishment would be if the act were done in Zamfara State.
    339. Penalty for harbouring offender who commits the offence of hirabah
    Whoever, knowing or having reason to believe that any person or persons are about to commit or have recently committed the offence of hirabah, harbours them or any of them with the intention of facilitating the commission of such offence of hirabah or of screening them or any of them from punishment, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to fifty lashes.
    EXPLANATION: For the purpose of this section it is immaterial whether the hirabah is intended to be committed or has been committed within Zamfara State or elsewhere.
    Resistance to Arrest, And Escape
    340. Resistance or obstruction in lawful arrest of another person
    Whoever intentionally offers any resistance or illegal obstruction to the lawful arrest of any other person or rescues or attempts to rescue any other person from any confinement or custody in which that person is lawfully detained, shall be punished:-
    (a) with imprisonment which may extend to five years and shall also be liable to caning which may extend to fifty lashes; and
    (b) if such other person is under sentence of death, shall be punished with imprisonment which may extend to fourteen years and shall also be liable to caning which may extend to twenty lashes.
    341. Resistance or obstruction by a person to his lawful arrest or escape
    Whoever intentionally offers any resistance or illegal obstruction to the lawful arrest 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 detained for any such offence, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to thirty lashes.
    342. Resistance or obstruction to lawful arrest or escape, in cases not provided for by section 341
    Whoever in any case not provided for in section 340 above intentionally offers any resistance or illegal obstruction to the lawful arrest of himself or escapes or attempts to escape from any custody in which he is lawfully detained, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to twenty lashes.
    Fraudulent Dealings with Property
    343. Fraudulent removal of property to prevent lawful seizure or execution
    Whoever with intent to prevent any property of himself or any other person or any interest therein:-
    (a) 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 authority; or
    (b) 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; or
    (c) from being distributed according to law amongst the creditors of himself or such other person; or
    (d) from being available according to law for payment of the debts of himself or such other person, dishonestly or fraudulently removes or conceals or assists in removing or concealing such property or dishonestly or fraudulently transfers, delivers or releases such property or any interest therein to any person or practices any deception touching the same or accepts or dishonestly or fraudulently accepts, receives or claims such property or any interest therein, knowing that he has no right or rightful claim thereto, shall be punished with imprisonment which may extend to one year, or with caning which may extend to twenty lashes or with both.
    EXPLANATION: In this section "property" includes right of action and property of every other description whether movable or immovable and whether corporeal or incorporeal.
    344. 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 for a term which may extend to two years or with fine or with both.
    345. Fraudulently obtaining decree for sum not due
    Whoever fraudulently, obtains a decree or order against any person for sum not due or for a larger sum than is due or for any property or interest in property to which he is 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 for a term which may extend to two years or with fine or with both.
    346. 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 any property or any interest therein and which contains any false statement relating to the consideration 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:
    (a) with imprisonment for a term which may extend to one year or with fine or with both; or
    (b) with caning which may extend to twenty lashes.
    Miscellaneous
    347. Giving false information respecting an offence
    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:-
    (a) with imprisonment which may extend to six months or with fine or with both; or
    (b) with caning which may extend to thirty lashes.
    348. False personation
    Whoever falsely personates another, whether that other is an actual or fictitious person, and in such assumed character makes any admission or statement, 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 punished:-
    (a) with imprisonment which may extend to one year; or
    (b) with caning which may extend to thirty lashes or with fine or with both.
    349. 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 an offence knowing that there is not just or lawful ground for such proceeding or charge against that person, shall be punished:-
    (a) with imprisonment for a term which may extend to two years or with fine or with both; and
    (b) where such criminal proceeding is instituted on a false charge of an offence punishable with death or imprisonment for seven years or upwards, with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.
    350. Taking gift to help to recover stolen property
    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, shall, unless he uses all means in his power to cause the offender to be brought to justice, be punished:-
    (a) with imprisonment for a term which may extend to one year or with fine or with both; or
    (b) with caning which may extend to thirty lashes.
    EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence.
    351. Influencing course of justice
    Whoever with intent to influence the course of justice in any civil or criminal proceeding does any act whereby the fair hearing, trial or decision of any matter in that proceeding may be prejudiced shall be punished with imprisonment which may extend to two years or with fine or with caning which may extend to thirty lashes.
    Public Nuisance
    352. Public nuisance defined
    (1) A person is guilty of a public nuisance who does an act or is guilty of an illegal omission which causes any 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.
    (2) Where premises on which a public nuisance has occurred are occupied by two or more persons in common each of such person shall be liable to conviction on account of the nuisance in the absence of sufficient evidence that he has not been guilty of the offence.
    EXPLANATION 1: A public nuisance does not cease to be an offence because it causes some convenience or advantage.
    EXPLANATION 2: Whether an act or omission is a public nuisance is a matter of fact, which may depend on the character of the neighbourhood.
    353. Adulteration of food or drink intended for sale
    Whoever adulterates any article of food or drink or abstracts from any article of food or drink or any part thereof so as to affect injuriously the quality, substance or nature, intending to sell such article as food or drink without notice to the purchaser or knowing that it is likely that the same will be sold as food or drink without notice to the purchaser, shall be punished:-
    (a) With imprisonment for a term which may extend to one year; or
    (b) With caning which may extend to ten lashes, or with fine or with both; or
    (c) With forfeiture of the adulterated food or drink.
    354. Sale of food or drink not corresponds to description
    Whoever sells any article of food or drink which is not of the nature, substance and quality demanded by the purchaser or the article which the seller represents it to be, shall be punishable:-
    (a) With imprisonment for a term which may extend to one year; or
    (b) With caning which may extend to ten lashes or with fine or with both; or
    (c) With forfeiture of the adulterated food or drink.
    355. Sale of adulterated food or drink
    Whoever sells or offers or exposes for sale any article of food or drink, with which any admixture has been fraudulently made to increase the bulk, weight or measure of such article or to conceal the inferior quality thereof, or any article of food or drink, from which any part has been intentionally abstracted so as to affect injuriously its quality, substance or nature, without notice to the purchaser, shall be punished:-
    (a) With imprisonment for a term which may extend to one year; or
    (b) With caning which may extend to ten lashes or with fine or with both; or
    (c) With forfeiture of the adulterated food or drink.
    356. 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 having reason to believe that the same is noxious as or unfit for food or drink, shall be punished-
    (a) With imprisonment for a term which may extend to two years; or
    (b) With caning which may extend to thirty lashes or with fine or with both.
    357. Adulteration of drugs
    Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of 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 would be sold or used for any medicinal purpose as if it had not undergone such adulteration, shall be punished-
    (a) With imprisonment for a term which may extend to three years; or
    (b) With caning which may extend to forty lashes or with fine or with both.
    358. Sale of adulterated or expired drugs
    Whoever, knowing any drug or medical preparation to have been adulterated or to have expired in such a manner as to lessen its efficacy or change its operation or render it noxious, sells the same or offers or exposes it for sale or issue it from any dispensary for medicinal purposes as unadulterated or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished:-
    (a) With imprisonment for a term which may extend to three years; or
    (b) With caning which may extend to forty lashes or with fine or with both.
    359. 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 punished:-
    (a) With imprisonment for a term which may extend to three years; or
    (b) With caning which may extend to forty lashes or with fine or with both.
    360. Fouling water or public well
    Whoever voluntarily corrupts or fouls the water of any public well or reservoir or other public water supply so as to render it less fit for the purpose for which it is ordinarily used, shall be punished--
    (a) With imprisonment for a term which may extend to two years; or
    (b) With caning which may extend to thirty lashes or with fine or with both.
    361. 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 neighbour hood or passing along a public way, shall be punished:-
    (a) With imprisonment for a term which may extend to two years; or
    (b) With caning which may extend to thirty lashes or with fine or with both.
    362. Exhibition of false light, mark or buoy
    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:-
    (a) With imprisonment for a term which may extend to two years; or
    (b) With caning which may extend to thirty lashes or with fine or with both.
    363. Obstruction in public way or line of navigation
    Whoever by doing any act or by omitting to keeping in order any property in his possession or under his charge causes obstruction to any person in any public way or public line of navigation, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    364. Employees engaged on work of public utility ceasing work without notice
    Whoever being an employee engaged in any work connected with the public health or safety or with any service of public utility ceases from such work in prearranged agreement with two or more other such employees without giving to his employer twenty-one days notice of his intention so to do, shall, if the intention or effect of such cessation is to interfere with the performance of any general service connected with public health, safety or utility to an extend which will cause injury or damage or grave inconvenience to the community, be punished with imprisonment which may extend to six months, or with fine, or with caning which may extend to twenty lashes.
    365. Negligent conduct causing damage to person or property
    Whoever does any act in a manner so rash or negligent as to endanger human life to be likely to cause hurt or injury to any person or property, or knowingly or negligently omits to take such order with any property or substance in his possession or under his control or with any operations under his control as is sufficient to guard against probable danger to human life from such property, substance or operations, shall be punished with imprisonment for a term which may extend to one year with fine, or with caning which may extend to thirty lashes.
    366. Negligent conduct with respect to animal
    Whoever knowingly or negligently omits to control any animal in his possession sufficiently to guard against any probable danger to human life or grievous hurt from such animal, shall be punished with imprisonment for a term which may extend to one year or with fine, or with caning which may extend to twenty lashes.
    367. Punishment for public nuisance in cases not otherwise provided for
    Whoever commits a public nuisance in any case not otherwise punishable by this Shari'ah Penal Code, shall be punished:
    (a) With imprisonment for a term which may extend to one year; or
    (b) With caning which may extend to thirty lashes or with fine or with both.
    368. Continuance of nuisance after injunction to discontinue
    Whoever repeats or continues a public nuisance, having been ordered by any public servant who has lawful authority to give such order not to repeat or continue such nuisance, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with caning which may extend to thirty lashes.
    369. Invasion of privacy
    Whoever invades the privacy of any person by prying into his house without lawful justification, to eavesdrop on him, or read his letters or discover his secrets, shall be punished with imprisonment for a term not exceeding one year or with fine or with both.
    370. Obscene or indecent acts
    Whoever to the annoyance of others, does any obscene or indecent act in a private or public place, or acts or conducts himself in an indecent manner or in a manner contrary to morality or wears indecent or immoral clothing or uniform which causes annoyance or resentment to others shall be punished with caning which may extend to forty lashes.
    371. Keeping a brothel
    Whoever keeps or manages a brothel or runs a place for prostitution or rents premises or allows its use knowing or having reason to believe it will be used for prostitution or any activity connected thereto shall be punished with imprisonment which may extend to one year and shall also be liable to caning which may extend to seventy lashes.
    372. Sale of obscene books, etc.
    (1) Whoever sells or distributes, imports or prints or makes for sale or hire or willfully exhibits to public view any obscene book pamphlet paper gramophone record or similar article, drawing, painting, representation, or figure or attempts to or offers so to do or has in possession any such obscene book or other thing for the purpose of sale, distribution or public exhibition, shall be punished with imprisonment for a term which may extend to one year or with fine or with caning which may extend to twenty lashes.
    (2) Whoever deals in materials contrary to public morality or manages an exhibition or theatre or entertainment club or show house or -any other similar place and presents or displays therein materials which are obscene, or contrary to public policy shall be punished with imprisonment for a term not exceeding one year or with caning which may extend to twenty lashes.
    373. Obscene songs, etc.
    Whoever to the annoyance of others sings, recites, utters or reproduces by any mechanical means any obscene song or words in or near any place, shall be punished with imprisonment for a term which may extend to one year or with fine or with caning which may extend to twenty lashes.
    Vagabonds
    374. Definitions
    In this chapter:-
    (1) The term "idle person" shall include-
    (a) any person who being able wholly or in part to maintain himself or his family willfully neglects or refuses to do so;
    (b) any person who wanders abroad or places himself in any street or public place to get or gather arms or causes or encourages children to do so unless from age or infirmity he is unable to earn his living;
    (c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself;
    (d) any common prostitute behaving in a disorderly or indecent manner in a public place or persistently importuning or soliciting person for the purpose of prostitution;
    (e) any person playing at any game of chance for money or money's worth in any public place;
    (f) any person who in any street or place of public resort or within sight or hearing of hearing person therein disturbs the peace by quarreling or attempting to quarrel or by using any insolent scurrilous or abusive term or reproach;
    (g) any person who in any street or place of public resort or within sight or hearing of any person therein with the intention of annoying or irritating any person, signs or otherwise utters any scurrilous or abusive songs or words
    whether any person be particularly addressed therein or not;
    (h) any person who in any street or place of public resort is guilty of any riotous, disorderly or insulting behaviour to the obstruction or annoyance of any person lawfully using such street or place or any place in the neighbourhood thereof; and
    (i) any person who in any private or closed place is guilty of any riotous, disorderly or insulting behaviour to the annoyance of any person lawfully using any place in the neighbourhood thereof;
    (2) The term "vagabond" shall include:-
    (a) any person who after being convicted as an idle person commits any of the offences which would render him liable to be convicted as such again;
    (b) any person who is found in possession of housebreaking implements with intent to commit any of the offences defined in sections 188 to 192 inclusive of this Shari'ah Penal Code;
    (c) any suspected person or reputed thief who by night frequents or loiters about any shop, warehouse, dwelling-house, dock or wharf with intent to commit any offence under Chapters VIII or IX of this Shari'ah Penal Code;
    (d) any male person who knowingly lives wholly or in part on the earning of a prostitute or in any public place solicits or importunes for immoral purposes; (e) any male person who dresses or is attired in the fashion of a woman in a public place or who practices sodomy as a means of livelihood or as a profession.
    (3) An "incorrigible vagabond" shall mean any person who after been convicted as a vagabond commits any of the offences which will render him liable to be Convicted as such again.
    375. Penalty on conviction as idle person
    Whoever is convicted as being an idle person shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to twenty lashes.
    376. Penalty on conviction as vagabond
    Whoever is convicted as being a vagabond shall be punished with imprisonment which may extend to one year and shall be liable to caning which may extend to thirty lashes.
    377. Penalty on conviction as incorrigible vagabond
    Whoever is convicted as being an incorrigible vagabond shall be punished with imprisonment which may extend to two years and shall be liable to caning which may extend to fifty lashes.
    378. Evidence of intent to commit an offence
    For the purposes of this chapter in proving the intent to commit an offence it shall not be necessary to show that the person suspected was guilty of any particular act tending to show this purpose or intent or he may be convicted if from the circumstances of the case and from his known character as proved to the court before which he is brought it appears to the court that his intent was to commit such offence.
    Mischief
    379. Mischief defined
    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 its values or utility or affects it injuriously, commits mischief.
    380. Punishment for mischief
    Whoever commits mischief shall be punished with imprisonment for a term which may extend to one year or with fine or with caning which may extend to thirty lashes or with any two of the above.
    381. Mischief by killing or maiming animal
    Whoever commits by killing, poisoning, maiming, or rendering useless any animal or animals shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to thirty-five lashes.
    382. Mischief in relation to water supply
    Whoever commits mischief by doing any act which renders or which he knows to be likely to render any installation for the supply or distribution of water, less efficient for its intended purpose or which causes or which he knows to be likely to cause a diminution of the supply of water for animals which are the subject of ownership or for any domestic, agricultural or commercial purpose shall be punished with imprisonment for a term which and in either case shall be liable to caning which may extend to thirty-five lashes.

    383. 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 or navigable river or navigable channel natural or artificial impassable or less safe for travelling or conveying property, shall be punished with imprisonment for life or any less term or with fine or with both.
    384. Mischief by inundation or obstruction to public drainage
    Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage system attending with injury or damage shall be punished with imprisonment for a term which may extend to five months and shall also be liable to caning which may extend to twenty-five lashes.
    385. Mischief in relation to electricity, telegraphs and telephones
    Whoever commits mischief by doing any act which renders or which he knows to be likely to render any installation for generation, storing, transmitting or distributing electricity or any transmitting or distributing electricity or any telegraphortelephoneinstaffationlessefficientforit sintendedpurposeorwhir-h causes or which he knows to be likely to cause a diminution of any supply of electricity, shall be punished with imprisonment for term which may extend to five years and shall also be liable to caning which may extend to thirty lashes.
    386. Mischief by destroying or moving a public landmark
    Whoever commits mischief by destroying or moving any landmark fixed by the authority of public servant or by any act which renders such landmark less useful as such shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
    387. Mischief by fire or explosive with intent to cause damage
    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 shall be punished:
    (a) with imprisonment for a term which may extend to seven years; or
    (b) with caning which may extend to forty lashes; and
    (c) with restitution of the destroyed or damaged property.
    388. Mischief by fire or explosive with intent to destroy house, etc
    Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will 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 of custody of property, shall be punished with imprisonment for life or for any less term and shall be liable to fine.
    389. Mischief to vessel
    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 it to be likely that he will thereby destroy or render unsafe that vessel, shall be punished with imprisom-nent for a term which may extend to fourteen years or with fine or with both.
    390. Mischief by fire to vessel
    Whoever commits or attempts to commit by fire or any explosive substance such mischief as is described in section 389 shall be punished with imprisonment for life or for any less term and shall also be liable to fine.
    391. Running vessel aground or ashore with intent to commit theft
    Whoever intentionally runs any vessel aground or ashore intending to commit theft of any property contained therein or to misappropriate any such property dishonestly or with intent that such theft or misappropriation of property may be committed shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to forty lashes.
    392. 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 for a term which may extend to seven years and shall also be liable to caning which may extend to fifty lashes.
    Lotteries and Gaming Houses
    393. Definitions
    In this chapter:-
    "Lottery" includes any game, method or device (whether in private or public) whereby money or money's worth is distributed or allotted in any manner depending upon or to be determined by chance, or lot;
    'Lottery ticket" includes any paper, ticket, token or other article whatsoever which either expressly or tacitly entitles or purports to entitle any person to receive any money or money's worth on the happening of any event or contingency connected with any lottery.
    394. Keeping gaming house or lottery office
    Whoever keeps any house or place to which persons are admitted for the purpose of betting or gambling or playing any game of chance or keeps any office or place for the purpose of drawing any lottery or assist in the conduct of any such house or place or office shall be punished with imprisonment for a term which may extend to six months or with caning of fifteen lashes or with fine or with any two of the above.
    395. Offences relating to lotteries
    Whoever:-
    (a) gives or sells or offers for sale or delivers any lottery ticket or pays or receives directly or indirectly any money or money's worth for or in respect of any chance or in event or contingence connected with a lottery; or
    (b) draws, throws, declares or exhibits expressly or otherwise the winner or winning number, ticket, lot, figure, design, symbol or other result of any lottery; or
    (c) writes, prints, publishes or causes to be written, printed or published any lottery ticket or any announcement relating to a lottery; or
    (d) advances, furnishes or receives money for the purpose of a lottery, shall be punished with imprisonment for a term which may extend to six months or with caning of fifteen lashes or with fine or with any two of the above.
    396. Power to order forfeiture of lottery equipment proceeds, etc.
    On conviction of an offence under section 394 or section 395 the court may in addition to any other penalty, make an order for the forfeiture of all equipment, instruments, money or money's worth and proceeds obtained and used in furtherance of the offences mentioned in sections 393 to 395 of this Shari'ah Penal Code.
    Cruelty to Animals
    397. Ill-treatment of domestic animals
    Whoever cruelly beats, tortures or otherwise willfully ill-treats any tame or domestic animal or any wild animal which has previously been deprived of its liberty or arranges, promotes or organizes fights between cocks, birds, rams, or other domestic animals shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand Naira or with both.
    398. Overriding and neglect of animal
    Whoever wantonly overrides, overdrives or overloads any animal or wantonly employs any animal which by reason of age, sickness, wounds or infirmity is not in a condition to do work, or neglects any animal in such a manner as to cause it unnecessary suffering shall be punished with imprisonment for a term which may extend to three months orwith fine which may extend to one thousand Naira or with both.
    399. Power to order temporary custody or destruction of animal
    On conviction of an offence under section 397 or section 398 the court may, in addition to or in substitution for any penalty, make an order for the temporary custody by the police or by any person or authority of the animal in respect of which such offence has been committed and may order the person convicted to pay such sum meanwhile as the court thinks fit for the maintenance and treatment of such animal and such sum shall be recoverable in the same manner as a fine inflicted under this Shari'ah Penal Code; or if such animal is suffering from incurable disease or injury as may be certified by a veterinary doctor/expert, order it to be destroyed.
    Offences Relating to Religion
    400. Insulting or exciting contempt of religious creed
    Whoever by any means publicly insults or seeks to incite contempt of any religion in such a manner as to be likely to lead to a breach of the peace, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
    401. Injuring or defiling place of worship
    Whoever destroys, damages or defiles any place of' worship of 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 for a term which may extend to two years or with fine or with both.
    402. Disturbing religious assembly
    Whoever voluntarily causes disturbance to any assembly lawfully engages in the performance of religious worship or religious ceremonies, shall be punished with imprisonment for a term, which may extend to one year or with fine or with both.
    403. Committing trespass on place of worship or burial
    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 in any place of burial or offers any indignity to any human corpse or causes disturbance to any person assembled for the performance of funeral ceremonies, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
    Offences Relating to Ordeal, Witchcraft and Juju
    404. Trial by ordeal
    Whoever presides or is present at any unlawful trial by ordeal shall be punished:-
    (a) with imprisonment for a term which may extend to five years or with caning which may extend to fifty lashes or with both; and
    (b) if such trial result in the death of or any bodily injury to any party to the proceeding shall be punished under qisas.
    405. Prohibition of juju
    The worship or invocation of any juju shall be unlawful.
    EXPLANATION: "Juju" includes the worship or invocation of any subject or being other than Allah (S.W.T.)
    406. Offences relating to witchcraft and juju
    Whoever:-
    (a) by his statement or actions represent himself to be a witch or to have the power of witchcraft; or
    (b) accuses or threatens to accuse any person with being a witch or with having the power of witchcraft; or
    (c) makes or sells or uses or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended lobe used or reported to possess the power to prevent or delay any person from doing an act which such person from doing an act which such person has a legal right to do, or to compel any person has a legal right to refrain from doing or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic; or
    (d) presides at or is present at or takes part in the worship or invocation of any juju which has been declared unlawful under the provisions of section 405; or
    (e) is in possession of or has control over any human remains which are used or are intended to be used in connection with the worship or invocation of any juju; or
    (f) makes or uses or assists in making or using or has in his possession any thing whatsoever the making, use, or possession of which has been declared unlawful under the provisions of section 405 shall be punished with death.
    407. Criminal charms
    Whoever knowingly has in his possession any fetish or charm which is pretended or reputed to possess power to protect a person in the committing of any offence shall be punished with death.
    408. Cannibalism
    Whoever knowingly eats or receives for the purpose of eating any part of human corpse shall be punished with death.
    409. Unlawful possession of human corpse or any part thereof
    Whoever receives or has in his possession human corpse or any part thereof with the intention that such human corpse or any part thereof shall be possessed by any person as a trophy, juju or charm shall be punished with death.
    SCHEDULE
    Part A

    Cases that Warrant the Penalty of Retaliation:-
    The intentional severing or dismembering of joints or limbs such as:
    (a) the arm or any joint thereof even of the phalanges of fingers;
    (b) the leg from the pelvis even of the phalanges of the toes;
    (c) the eye that is possessed of the power of sight;
    (d) the part of the nose formed of cartilage;
    (e) the ear;
    (f) the lip;
    (g) the testicle;
    (h) the labia majora and minora of a female;
    (i) the tongue;
    (j) the tooth;
    (k) the breast of the male or female even if it be the nipple thereof;
    (l) the finger and toe nail if gouged out intentionally;
    (m) defective joints or members that are lame or infirm because of:
    (i) old age; or
    (ii) act of God; or
    (iii) previous injury before the case at hand;
    (n) the penis, be it the shaft or the glands;
    (o) the buttock of the female.
    Part B
    Cases that Warrant the Full Amount of Diyyah:-
    1 . Mistaken impairing of the functions of both members or limbs that are paired, such as both:
    (a) hands,
    (b) legs;
    (c) eyes, or the useful eye in the case of the one-eyed one;
    (d) lips;
    (e) ears;
    (f) breasts;
    (g) testicles.
    2. Mistaken severing or dismembering of joints and limbs enumerated under Part A of the Schedule.
    3. Where the right to exact retaliation (qisas) falls in the cases enumerated under Part A of the Schedule.
    4. Dismembering or destruction of the function of an organ or joint that is single and not paired, such as:
    (a) the nose;
    (b) the tongue whether it be from the ****, or a part thereof if it prevents speech;
    (c) the penis whether it be from the glands.
    5. Destruction of the function of senses without dismembering such limb, or without necessarily disfiguring such limb, or organ, such as:
    (a) sight;
    (b) smell;
    (c) hearing;
    (d) speech,
    (e) taste;
    (f) sensation;
    (g) sound mind.

    Part C
    A victim is entitled to the full diyyah compensation up to three times for one injury if that injury amounts to the loss of three faculties where each of the faculties lost is capable of earning the full diyyah.
    Part D
    Cases that Warrant Half of the Full Diyyah
    1.Where one organ or member out of a pair is severed or dismembered or impaired intentionally and the right of retaliation (qisas) is remitted; or caused to lapse; and
    2. where one organ or member out of a pair is severed or dismembered or impaired by mistake or accident.
    Part E
    Cases that Warrant One-third of the Full Diyyah
    1 . wounds to the head that reach the tissues under the skull (ma'mumah);
    2. wounds that bore deep into the abdomen whether from the front or the rear (ja'ifah);
    3. the lower lip.
    Part F
    Cases that Warrant the Payment of One-tenth of the Diyyah
    1. each finger;
    2. each toe.
    Part G
    Cases that Warrant the Payment of One-twentieth of the Full Diyyah
    1. a phalange of the thumb or big toe;
    2. the tooth
    3. the wound that exposes the bone (mudihah);
    4. causing miscarriage of child in the womb.
    Part H
    The diyyah for a phalange of the finger or toe shall be one thirtieth of the full diyyah.
    Part I
    Cases that Warrant the Payent of Three-twentieths of theFull Diyyah
    1. wounds that fracture a bone of the head or face (hashimah);
    2. wounds that cause a compound fracture to the bone of the head or face (munaqqilah).
    Part J
    Cases that do not Warrant the Payment of Diyyah But are Subject to Computation of Damages only (hukumah)
    1 . plucking out of the hairs of the scalp, beards, eyebrows and eye lashes if they fail to regrow;
    2. cutting off of the shaft of the penis if the victim had already suffered severance of the glands thereof and had received diyyah for that previous offence;
    3. plucking out of the finger or toe nails if the act was done by mistake or accident;
    4. causing the fracture of a rib or thigh bone;
    5. cutting off of the buttock of the male;
    6. causing the dribbling of urine through the vagina of a woman;
    7. destroying the sixth (extra) finger or toe if it is limp or inactive;
    8. wounds that to do not expose the bone if they heal after the offence


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