has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child. 90. Consent known to be given under fear or misconception. A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or Consent of insane person. if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child. unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. 91. Exclusion of acts which are offences independently of harm caused. The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good fai th for


cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good fai th for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”, and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 92. Act done in good faith for benefit of a person without consent. Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obt ain consent in time for the thing to be done with benefit: Proviso. Provided— First.__ That this exception shall not extend to the intentional causing of death, or the attempting to cause death; Secondly.__ That this exception shall not extend to the doing of anything which the person doing Page 48 of 179 it knows to be likely to cause death, for any purp ose other than the preventing of death or grievous hurt, or the curing of any


knows to be likely to cause death, for any purp ose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; Thirdly.__ That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt ; Fourthly.__ That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. Illustrations (a) Z is thrown from his horse, and is insensible. A, a surgeon, finds th at Z requires to be trepanned. A not intending Z’s death but in good faith for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives Z a mortal wound. A has committed no offence. (c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unle ss an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation inspite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence. (d) A is in a house whi ch is on


of the child, intending, in good faith, the child's benefit. A has committed no offence. (d) A is in a house whi ch is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here even if the child is killed by the fall, A has committed no offence. Explanation.__ Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92. 93. Communication made in good faith. No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has comm itted no offence, though he knew it to be likely that the communication might cause the patient’s death. 94. Act to which a person is compelled by threats. Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the


the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.__ A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Page 49 of 179 Explanation 2.__ A person seized by a gang of dacoits, and forced by threat of instant death, to do a thing which is an offence by law ; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. 95. Act causing s light harm. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of the Right of Private Defence 96. Things done in private defence. Nothing is an offence which is done


temper would complain of such harm. Of the Right of Private Defence 96. Things done in private defence. Nothing is an offence which is done in the exercise of the right of private defence. 97. Right of private defence of the body and of property. Every person has a right, subject to the restrictions contained in section 99, to defend__ First.__ His own body, and the body of any other person, against any offence affecting the human body ; Secondly.__ The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 98. Right of private defence against the act of a person of unsound mind, etc. When an act, which would otherwise be a certain offence is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations (a) Z, under the influence of madness, attempts to kill A ; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters


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 housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. Bu t A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. 99. Acts against which there is no right of private defence. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence again st an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. Page 50 of 179 Extent to which the right may be exercised. The right of private defence in no case extends to the


public authorities. Page 50 of 179 Extent to which the right may be exercised. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.__ A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason t o believe, that the person doing the act is such public servant. Explanation 2.__ A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded. 100. When the right of private defence o f the body extends to causing death. The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:__ First.— Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault ; Secondly.— Such an


namely:__ First.— Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault ; Secondly.— Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault ; Thirdly.— An assault with the intention of committing rape ; Fourthly.— An assault with the intention of gratifying unnatural lust ; Fifthly.__ An assault with the intention of kidnapping or abducting ; Sixthly.__ An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. 101. When such right extends to causing any harm other than death. If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99 to the v oluntary causing to the assailant of any harm other than death. 102. Commencement and continuance of the right of private defence of the body. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed ; and it continues as long as such, apprehension of danger to the body continues. 103.


offence though the offence may not have been committed ; and it continues as long as such, apprehension of danger to the body continues. 103. When the right of private defence of property extends to causing deat h. The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occas ions the exercise of the right, be an offence of any of the des criptions hereinafter enumerated, namely :— Page 51 of 179 First.— Robbery ; Secondly.— Housebreaking by night ; Thirdly.— Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for the custody of property ; Fourthly.— Theft, mischief or housetrespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. 104. When such right extends to causing any harm other than death. If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to


preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrongdoer of any harm other than death. 105. Commencement and continuance of the right of private defence of p roperty. The right of private defence of property commences when a reasonable apprehension of danger to the property commences. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of properly against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. The right of private defence of property against housebreaking by night continues as long as the housetrespass which has been begun by such housebreaking continues. 106. Right of private defence against deadly assault wh en 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


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. Illustration A is attached by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cann ot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. Page 52 of 179 CHAPTER V OF ABETMENT 107. Abetment of a thing. A person abets the doing of a thing, who— First.— Instigates any person to do that thing ; or, Secondly.__ Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing ; or Thirdly.__ Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.__ A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or pro cures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by


cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2. __ Whoever, either prior to or at the time of the commission of an act, does anything in order to faci litate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 108. Abettor. A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an o ffence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1. __ The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2. To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations (a) A instigates B to mur der C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A


Illustrations (a) A instigates B to mur der C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3.__ It is not neces sary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. Page 53 of 179 Illustrations (a) A, with a guilty inten tion, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby, causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates


been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates B to set fire to a dwellinghouse. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence , but A is guilty of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence. (d) A intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liab1e to the same punishment as if B had committed theft. Explanation 4 .__ The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration A instigates B to instigate C to mu rder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for


murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder ; and, as A instigated B to commit the offence, A is also liable to the same punishment. Explanation 5.__ It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. Illustration A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison ; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. Page 54 of 179 1[108A. Abetment in Pakistan of offences outside it. A person abets an offence within the meaning of this Code who, in 2[Pakistan], abets the commission of any act without and beyond 2[Pakistan] which would constitute an offence committed in


the meaning of this Code who, in 2[Pakistan], abets the commission of any act without and beyond 2[Pakistan] which would constitute an offence committed in 2[Pakistan]. Illustration A, in 2[Pakistan], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.] 109. Punishment of 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 in consequence of the abetme nt, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence 3[:] 4[Provided that, except in case of IkrahiTam (اکراہ تام), the abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta’zir specified for such offence including death.]. Explanation.__ An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same


give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z’s dea th. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. 110. Punishment of abetment if person abetted does act with different intention from that of abettor. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. 111. Liability of abettor when one act abetted and different act done. When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: 1This Section was added by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 3. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21


was added by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 3. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960),s. 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”. 3Subs. by the criminal law (Amdt.), Act, 1997 (II of 1997), s. 6 for “fullstop”. 4Proviso added ibid. Page 55 of 179 Proviso. Provided the act done was a prob able consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here if the child was acting under the influence of A's instigation, and the act done was under th e circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of


house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft ; for the theft was a distinct act, and not a probable consequence of the burning. (c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 112. Abettor when liable to cumulative punishment for act abetted and for act done. If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. Illustration A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences ; and, if A new that B was likely voluntarily to cause grievous hurt in resisting the distress A


to punishment for both these offences ; and, if A new that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences. 113. Liability of abettor for an effect caused by the act abetted different from tha t intended by the abettor. When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the 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 had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death. A is liable to be punished with the punishment provided for murder. Page 56 of 179 114. Abettor present when offence is committed. Whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or


or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 115. Abetment of offence punishable with death or imprisonment for life if offence not committed; Whoever abets the commission of an offence punishable with death or 1[imprisonment for life], shall, if that offence be not committed in consequence of the abetment, and no express pro vision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine ; if act causing harm be done in consequence. and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death 1[or imprisonment for lif e.] Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine ; and, if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 116.


Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 116. Abetment of offence punishable with imprisonment__ if offence be not committed; Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for th e punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to onefourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both ; if abettor or person abetted be a public servant whose duty it is to prevent offence. and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to onehalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A


the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. Page 57 of 179 (c) A, a policeofficer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to onehalf of the longest term of imprisonment provided for that offence, and also to fine. (d) B abets the commission of a robbery by A, a policeofficer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable to onehalf of the longest term of imprisonment provided for the offence of robbery, and also to fine. 117. Abetting commission of offence by the public or by more than ten persons . Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustration A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse act, while engaged in a procession. A


to meet at a certain time and place, for the purpose of attacking the members of an adverse act, while engaged in a procession. A has committed the offence defined in this section. 118. Concealing design to commit offence punishable with death or imprisonment for life. Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or l[imprisonment for life], if offence be committed; voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, if offence be not committed. shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description for a term which may extend to three years ; and in either case shall also be liable to fine. Illustration A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby mislead s the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 119. Public servant concealing design to commit offence which it is his duty to prevent. Whoever, being a public servant


is punishable under this section. 119. Public servant concealing design to commit offence which it is his duty to prevent. Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, t he existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. Page 58 of 179 If offence be committed; shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both ; if offence be punishable with death, etc.; or if the offence be punishable with death or 1[imprisonment for life], with imprisonment of either description for a term which may extend to ten years ; if offence be not committed. or, if the offence be no t committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to onefourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration A, an officer of police,


the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section. 120. Concealing design to commit offence punishable with imprisonment. Whoever, intending to facil itate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, if offence be committed ; if offence be not committed. shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to onefour th, and, if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. 2[CHAPTER VA CRIMINAL CONSPIRACY 120A. Definition of criminal conspiracy. When two or more persons agree to do, or cause to be done,__ (1) an illegal act, or (2) an act which is


criminal conspiracy. When two or more persons agree to do, or cause to be done,__ (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. 2Ch. VA ins. by the Indian Criminal Law Amdt. Act, 1913 (8 of 1913), s. 3. Page 59 of 179 Explanation.__ It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. 120B. Punishment of criminal conspiracy. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 1[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.] CHAPTER VI OF OFFENCES AGAINST THE STATE 121. Waging or attempting


description for a term not exceeding six months, or with fine or with both.] CHAPTER VI OF OFFENCES AGAINST THE STATE 121. Waging or attempting to wage war or abetting waging of war against Pakistan. Whoever wages war against 2[Pakistan], or attempts to wage such war, or abets the w aging of such war, shall be punished with death, or 1[imprisonment for life], 3[and shall also be liable to fine]. 4[Illustration] 5[*] A joins an insurrection against 2[Pakistan]. A has committed the offence defined in this section. (b) 6[* * * * * * *] 7[121A. Conspiracy to commit offences punishable by section 121. Whoever within or without 8[Pakistan] conspires to commit any of the offences punishable by section 121, or to deprive 9[Pakistan of the sovereignty of her territories] 10[* * *] or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, 11[the 12[Federal Government] or any Provincial Government 13[* * *], shall be punished with 1[imprisonment for life], or with imprisonment of either description which may extend to ten years, 14[and shall also be liable to fine]. Explanation.__ To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. 2Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956). 3Subs. by the Indian Penal


for “transportation for life”. 2Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956). 3Subs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for “and shall forfeit all his property”. 4Subs. by A. O., 1961, Art. 2 and Sch., for “Illustrations” (w.e.f. 23rd March, 1956). 5The brackets and letter “(a)” omitted ibid. (w.e.f. the 23rd March, 1956). 6Illustration (b) as amended by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., omitted by A. O., 1961, Art. 2 and Sch. (w.e.f. the 23rd March, 1956). 7S.121A, ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s.4. 8Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), section 3 and 2nd Sch., (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. 9The original words “the Queen of the sovereignty of British India” have successively been amended by A.O., 1949, Arts. 3(2) and 4, Ord. 21 of 1960, s. 3 and 2nd Sch., (w.e.f. 14th October, 1955), and A.O., 1961, Art. 2 and Sch., (w.e.f. 23rd March, 1956), to read as above. 10The words “of British Burma” omitted by A.O., 1949, Sch. 11Subs. by A. O., 1937, for “the G. of I. or any L.G.”. 12Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and


A. O., 1937, for “the G. of I. or any L.G.”. 12Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for "Central Government". 13The words “or the Govt. of Burma” omitted by A. O., 1949, Sch. 14These words were ins. by Act 16 of 1921, s. 3. Page 60 of 179 122. Collecting arms, etc., with intention of waging war against Pakistan. Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against 1[Pakistan], shall be punished with 2[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 3[and shall also be liable to fine]. 123. Concealing with intent to facilities design to wage war. Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against 1[Pakistan], intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 4[123A. Condemnation of the creation of the State, and advocacy of abolition of its sovereignty.__ (1) Whoever, within or witho ut Pakistan, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial


to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety 5[or ideology] of Pakistan, or to endanger the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation, 5[abuse Pakistan or] condemn the creation of Pakistan by virtue of the partition of India which was e ffected on the fifteenth day of August, 1947, or advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighboring States o r otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine. (2) Notwithstanding anything contained in any other law for the time being in force, when any person is proceeded against under this s ection, it shall be lawful for any Court before which he may be produced in the course of the investigation or trial, to make such order as it may think fit in respect of his movements, of his association or communication with other persons, and of his activities in regard to dissemination of news, propagation of opinions, until such time as the case is finally decided. (3) Any Court which is a Court of appeal or of revision in relation to the


until such time as the case is finally decided. (3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in subsection (2) may also make an order under that subsection.] 6[123B. Defiling or unauthorisedly removing the National Flag of Pakistan from Government building, etc. __ Whoever deliberately defiles 5[or puts on fire] the National Flag of Pakistan, or unauthorisedly removes it from any building, p remises, vehicle or other property of Government, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.] 124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. Whoever, with the intention of inducing or compelling the 7[President] of 1 Subs. by A. O., 1961, Art. 2 and Sch., for the “the Queen” (w.e.f. 23rd March 1956). 2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch. for "transportation for life". 3 Subs. by the Indian Penal Code (Amdt.) Act, 1921 (16 of 1921), s. 2, for “and shall forfeit all his property”. 4 S. 123A ins. by the Pakistan Penal Code (Amdt.) Act, 1950 (71 of 1950), section 2. 5 Ins. by Act II of 1992,ss. 2 & 3. 6 Ins. by Ord. XLIII of 1984, s. 2. 7 Subs. by A. O., 1961, Art. 2, for “GovernorGeneral” (w.e.f. 23rd March, 1956). Page 61 of 179 1[Pakistan], or the Governor of any 2[Province], 3[*


Subs. by A. O., 1961, Art. 2, for “GovernorGeneral” (w.e.f. 23rd March, 1956). Page 61 of 179 1[Pakistan], or the Governor of any 2[Province], 3[* * *] 4[* *] 5[* * *], to exercise or refrain from exercising in any manner any of the lawful powers of 6[the President], 7[or Governor], assaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, 6[the President], 7[or Governor]. shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 8[124A. Sedition. Whoever by words, either spoken or written, or by signs, or by visibl e representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 9[the 10[Federal] or Provincial Government established by law] shall be punished with 11[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1.__ The expression “disaffection” includes disloyalty and all feelings of enmity. Explanation 2.__ Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.__ Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting


not constitute an offence under this section. Explanation 3.__ Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.] 125. Waging war against any 12[*] Power in alliance with Pakistan. Whoever wages war against the Government of any 12[*] Power in alliance or at peace with 13[Pakistan] or attempts to wage such war, or abets the waging of such war, shall be punished with 11[imprisonment for life], to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine. 126. Committing depredation on territories of Power at peace with Pakistan. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with 13[Pakistan], shall be punished with imprisonment of either description for a 1 Subs. by A. O., 1949, Sch., for “India”. 2 Subs. by A. O., 1937, for “Presidency”. 3 The words “or a LieutenantGovernor” rep., ibid. 4 The words “or a Member of the Council of the GovernorGeneral of India” omitted by A. O., 1949, Sch. 5 The words “or of the Council of any Presidency” rep. by A. O.,1937. 6 Subs. by A. O., 1961, Art. 2 and Sch., for “such GovernorGeneral” (w.e.f. 23rd March, 1956). 7 The original words “Governor, LieutenantGovernor or Member of Council” have successively been amended


Art. 2 and Sch., for “such GovernorGeneral” (w.e.f. 23rd March, 1956). 7 The original words “Governor, LieutenantGovernor or Member of Council” have successively been amended by A. O., 1937, and A. O., 1949, Sch., to read as above. 8 Subs. by the Indian Penal Code Amdt. Act, 1898 (4 of 1898), s. 4, for the original section 124A, which was ins. by the Indian Penal Code Amdt. Act, 1870 (27 of 1870), s. 5. 9 The original words “Her Majesty or the Government established by law in British India, shall” have successively been amended by A. O., 1937 A. O., 1949, Sch., the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (w.e.f. the 14th October, 1955) and A. O., 1961, Art. 2 and Sch., (w.e.f 23rd March, 1956), to read as above. 10 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), Art. 2 and Table for “Central”. 11 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. 12Omitted by Act No. II of 1988, s. 2. 13Subs. by A.O., 1961, Art. 2 and Sch., for “the Queen” (w.e.f. 23rd March, 1956). Page 62 of 179 term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation. 127. Receiving property taken by war or depredation mentioned in


used or intended to be used in committing such depredation, or acquired by such depredation. 127. Receiving property taken by war or depredation mentioned in sections 125 and 126. Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonmen t of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received. 128. Public servant voluntarily allowing prisoner of State or war to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 1[imprisonment for life], or imprisonment of either description for a ter m which may extend to ten years, and shall also be liable to fine. 129. Public servant negligently suffering such prisoner to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine. 130. Aiding escape of, rescuing or harbouring such prisoner. Whoever knowingly aids or assists any State prisoner or prison of war in escaping from lawful


130. Aiding escape of, rescuing or harbouring such prisoner. Whoever knowingly aids or assists any State prisoner or prison of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with 1[ imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.__ A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2[Pakistan], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. CHAPTER VII OF OFFENCES RELATING TO THE ARMY, 3[NAVY AND AIR FORCE] 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. Whoever abets the committing of mutiny by an officer, soldier, 4[sailor or airman], in the Army, 5[Navy or Air Force] of 6[Pakistan], or attempts to seduce any such officer, soldier, 4[sailor or airman] from his allegiance or his duty, shall be punished with 1[imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 7[Explanation. In this section, the words “officer”, “soldier”, “sailor” or “airman” include any person subject to the Pakistan


and shall also be liable to fine. 7[Explanation. In this section, the words “officer”, “soldier”, “sailor” or “airman” include any person subject to the Pakistan Army Act, 1952 (XXXIX of 1952) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961) or the Pakistan Air Force Act, 1953 (VI of 1953), as the case may be.] 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for “transportation for life”. 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960(21 of 1960), section 3 and 2nd Sch. (w.e.f. 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. 3Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch.I, for “and Navy”. 4Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch.I, for “or sailor”. 5Subs. ibid, for “or Navy”. 6Subs. by A. O., 1961, Art. 2 and Sch., for "the Queen" (w.e.f. 23rd March, 1956). 7Explanation originally inserted by the Indian Penal Code Amdt. Act, 1870 (27 of 1870) and subsequently amended by Act 10 of 1927, 35 of 1934, and Ord. 21 of 1960, have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. Page 63 of 179 132. Abetment of mutiny, if mutiny is committed in consequence thereof. Whoever abets the committing of mutiny by an


as above. Page 63 of 179 132. Abetment of mutiny, if mutiny is committed in consequence thereof. Whoever abets the committing of mutiny by an officer, soldier, 1[sailor or airman], in the Army 2[Navy or Air Force] of 3[Pakistan], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 134. Abetment of such assault, if the assault is committed. Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 135. Abetment of desertion of soldier, sailor or airman. Whoever abets the desertion of any officer, soldier, 1[sailor or airman], in the


liable to fine. 135. Abetment of desertion of soldier, sailor or airman. Whoever abets the desertion of any officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], shall be punished with imprisonment of either description for a term whic h may extend to two years, or with fine, or with both. 136. Harbouring deserter. Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], has deserted, harbours such officer, soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Exception.__ This provision does not extend to the case in which the harbour is given by a wife to her husband. 137. Deserter concealed on board merchant vessel through negligence of master. The master or person incharge of a merchant vessel, on board of which any deserter from the Army, 2[Navy or Air Force] of 3[Pakistan] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding 5[one thousand five hundred rupees], if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel. 138. Abetment of act of insubordination by soldier, sailor or airman. Whoever abets what he knows to be an act of insubordination


of the vessel. 138. Abetment of act of insubordination by soldier, sailor or airman. Whoever abets what he knows to be an act of insubordination by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of 3[Pakistan], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 1Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I, for “or sailor”. 2Subs. ibid, for “or Navy”. 3Subs. by A. O., 1961, Art. 2 and Sch., for "the Queen" (w.e.f. 23rd March, 1956). 4Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and sch., for “Transportation for life”. 5Subs by Ord. LXXXVI of 2002, Sch.I, for “five hundred rupees”. Page 64 of 179 138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act, 1934 (XXXV of 1934), s. 2 and Sch. 1[139. Persons subject to ce rtain Acts. No person subject to the Pakistan Army Act, 1952, (XXXIX of 1952) of the Pakistan Air Force Act, 1953, (VI of 1953) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961) is subject to punishment under this Code for any of the offences defined in this Chapter.] 140. Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not being a soldier, 2[sailor or airman] in the Military, 3[Naval


Chapter.] 140. Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not being a soldier, 2[sailor or airman] in the Military, 3[Naval or Air] service of 4[Pakistan], wears any garb or carries any token resembling any garb or token used by such a soldier 2[sailor or airman] with the intention that it may be believed that he is such a soldier, 2[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three months, or with fine whic h may extend to 5[one thousand five hundred rupees], or with both. CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 141. Unlawful assembly. An assembly of five or more persons is designated an “unlawful assembly,” if the common object of the persons composing that assembly is__ First.__ To overawe by criminal force, or show of criminal force, 6[the 7[Federal] or any Provincial Government or Legislature], or any public servant in the exercise of the lawful power of such public servant ; or Second.__ To resist the execution of any law, or of any legal process ; or Third.__ To commit any mischief or criminal trespass, or other offence ; or Fourth.__ By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or


of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right ; or Fifth.__ By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.__ An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. 142. Being member of unlawful assembly. Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. 1Section 139 as amended by Act 10 of 1927, 35 of 1934, 39 of 1952, 14 of 1932, 6 of 1953 and Ordinance 21 of 1960 have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., to read as above. 2Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch., I. for “or sailor”. 3Subs. ibid., for “or Navy”. 4Subs. by A. O., 1961, Art. 2 and Sch., for “the Queen” ( w.e.f. 23rd March, 1956). 5Subs. by ord. 86 of 2002, s. 2 and Sch. I, for “five hundred rupees”. 6Subs. by A. O., 1937, for “the Legislative or Executive G. of I, or the Government of any Presidency,


Sch. I, for “five hundred rupees”. 6Subs. by A. O., 1937, for “the Legislative or Executive G. of I, or the Government of any Presidency, or any LieutenantGovernor.” 7Subs. by the Federal Adaptation of Laws Order, 1975 (P.O.No.4 of 1975), Art.2 and Table for "Central". Page 65 of 179 143. Punishment. Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 144. Joining unlawful assembly armed with deadly weapon. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 145. Joining or c ontinuing in unlawful assembly, knowing it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 146. Rioting. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, eve ry member of such assembly is guilty of the offence of rioting. 147. Punishment for rioting. Whoever is guilty


common object of such assembly, eve ry member of such assembly is guilty of the offence of rioting. 147. Punishment for rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 148. Rioting, armed with deadly weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. 150. Hiring, or conniving at hiring, or persons to join unlawful assembly. Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a


assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. 151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months or with fine, or with both. Explanation.__ If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145. 152. Assaulting or obstructing public servant when suppressing riot, etc. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge Page 66 of 179 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 of either description for a term which may extend to three years or with fine, or with both. 153. Want only giving provocation with


imprisonment of either description for a term which may extend to three years or with fine, or with both. 153. Want only giving provocation with intent to cause riot– if rioting be committed; if not committed . Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 1[153A. Promoting enmity between different groups, etc. Whoever,__ (a) by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds o f religion, race, place of birth, residence, language, caste or community or any other ground whatsoever , disharmony or feelings of enmity, hatred or illwill between different r eligious, racial, language or regional groups or castes or communities; or (b) commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes, or communities or any group of persons identifiable as such on


the maintenance of harmony between different religious, racial, language or regional groups or castes, or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquility; or (c) organizes, or incites any other person to organize, any exercise, movement, drill or other similar activity intending that the participants in any such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence, or participates, or incites any other person to participate, in any such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community or any group of persons identifiable as such on any ground whatsoever and any such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment for a term which may extend to five years and with fine. Explanation.__ It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view


Explanation.__ It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different religious, racial, langu age or regional groups or castes or communities]. 1S.153A has successively been amended by the Indian Penal Code Amdt , Act, 1898 (4 of 1898), s. 5, A. O., 1961, Art. 2 and Sch. and the Criminal Law (Amdt.) Act, 1973 (6 of 1973), s. 2. (w.e.f. 28th July, 1973), to read as above. Page 67 of 179 1[153B. Inducing students, etc., to take part in political activity.__ Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, induce or attempts to induce any student, or any class of students, or any institution interested in or connected with students, to take part in any political activity 2[which disturbs or undermines, or is likely to disturb or undermine, the public order] shall be punished with imprisonment which may extend to two years or with fine or with both.] 154. Owner or occupier of land on which an unlawful assembly is held. Whenever any unlawful assembly or riot takes place , the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding


is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding 3[three thousand rupees], if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest policestation, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. 155. Liability of person for whose benefit riot is committed. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not


such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. 156. Liability of agent of owner or occupier for whose benefit riot is co mmitted. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly b y which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. 157. Harbouring persons hired for an unlawful assembly. Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become mem bers


knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become mem bers of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 158. Being hired to take part in an unlawful assembly or riot. Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in 1S. 153B was ins. by the Pakistan Penal Code (Second Amdt.) Ordinance, 1962 (70 of 1962), s. 2. 2 Ins. by the Pakistan Penal Code (Amdt.) Act, 1965, (20 of 1965), s. 2. 3Subs. by Ord. 86 of 2002, s.2 and Sch. I, for “one thousand rupees”. Page 68 of 179 section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, or to go armed. and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go 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 of either description for a term which may extend to two years, or with fine, or with both. 159. Affray. When two or more persons, by fighting in a public place, disturb the public peace, they are said


with fine, or with both. 159. Affray. When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”. 160. Punishment for committing affray. Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to 1[three hundred rupees], or with both. CHAPTER IX OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 161. Public servant taking gratification other than legal remuneration in respect of an 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, other than legal remuneration, as a motive or reward for doing or for bearing to do any official act or for showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or at tempting to render any service or disservice to any person, 2[with the 3[Federal], or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to t hree years or with fine or with both. Explanation.__ “Expecting to be a public servant.” If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about


a public servant.” If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section. “Gratification.” The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money. “Legal remuneration.” The words “l egal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the 4[authority by which he is employed], to accept. “A motive or reward for doing.” A person who receiv es 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, comes within these words. 1Subs. by Ord. No. 86 of 2002, s. 2 and Sch. I, for “one hundred rupees”. 2Subs. by A. O., 1937, for “with the Legislative or Executive G. of I., or with the Government of any Presidency, or with any LieutenantGovernor”. 3Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”. 4Subs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for “government, which he serves”. Page 69 of 179 1[‘Public servant’. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and 409, ‘public servant’


serves”. Page 69 of 179 1[‘Public servant’. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and 409, ‘public servant’ includes an employee of any corporation or other body or organization set up, controlled or administered by, or under the authority of, the Federal Government.] Illustrations (a) A, a munsif, obtains from Z, a banker, a situation in Z's bank for A’s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section. (b) A, holding the office of 2[Consul] at the Court of a 3[Foreign] Power accepts a lakh of rupees from the Minister of that Power. It does not appear, that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that Power with the 4[Government of Pakistan]. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exerci se of his official functions to that Power. A has committed the offence defined in this section. (c) A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section. 162. Taking gratification, in order, by corrupt or illegal means


as a reward for this service. A has committed the offence defined in this section. 162. Taking gratification, in order, by corrupt or illegal means to influence public servant. Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from an y person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 5[with the 6[Federal] or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 163. Taking gratification, for exercise of personal influence with public servant. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 5[with


public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person 5[with the 6[Federal] or any Provincial Government or Legislature], or with any public servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration An advocate who receives a fee for arguing a case before a Judge ; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist ; a paid agent for a condemned criminal, who lays before the Government statements 1Added by the Prevention of Corruption Laws (Amdt.) Act, 1977 (13 of 1977). s. 2 and Sch. 2Subs. by A. O.,1961 Art. 2 and Sch., for “Resident” ( w.e.f. 23rd March, 1956). 3Subs. ibid., for “subsidiary” (w.e.f. 23rd March, 1956). 4Subs. ibid., for “British Government” (w.e.f. 23rd March, 1956). 5Subs. by A. O., 1937, for “with the Legislative or Executive G. of I., or with the Govt. of any Presidency, or with any LieutenantGovernor”. 6 Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table for “Central”. Page 70 of 179 tending to show that the condemnation was unjus t,__ are not within this section, inasmuch as they do not exercise or profess to exercise personal influence. 164. Punishment for abetment by public servant of offences defined in section


section, inasmuch as they do not exercise or profess to exercise personal influence. 164. Punishment for abetment by public servant of offences defined in section 162 or 163. Whoever, being a public servant, in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustration A is a public serv ant. B, A’s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprison ment for a term which may extend to three years, or with fine, or with both. 165. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant. Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or


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 from any person whom he knows to be interested in or related to the person so concerned, shall be punished with 1[imprisonment of either description for a term which may extend to three years], or with fine, or with both. Illustrations (a) A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty rupees a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred rupees a month. A has obtained a valuable thing from Z without adequate consideration. (b) A, a Judge, buys of Z, who has a case pending in A’s Court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration. (c) Z’s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration. 2[165A. Punishment for abetment of offences defined in sections


The money so obtained by A is a valuable thing obtained by him without adequate consideration. 2[165A. Punishment for abetment of offences defined in sections 161 and 165. Whoever abets any offence punishable under section 161 or section 165 shall, whether the offence abetted is or is not committed in consequence of the abetment, be punished with the punishment provided for the offence.] 1Subs. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2, for “simple imprisonment for a term which may extend to two yea rs.” 2S.165A was ins. by the Criminal Law Amdt. Act, 1953 (37 of 1953), s. 2. Page 71 of 179 1[165B. Certain abettors excepted. A person shall be deemed not to abet an offence punishable under section 161 or section 165 if he is induced, compelled, coerced, or intimidated to offer or give any such gratification as is referred to in section 161 for any of the purposes mentioned therein, or any valuable thing without consideration, or for an inadequate consideration, to any such public servant as is referred to in section 165.] 166. Public servant disobeying law, with intent to cause injury to any person. __ 2[(1)] Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for


cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 2[(2) Whoever being a public servant entrusted with the investigation of a case fails to carry out the investigation properly or diligently or fails to pursue the case in any court of law properly and in breach of his duties shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.] Illustration A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. 167. Public servant framing an incorrect document with intent to cause injury. Whoever, being a public servant, and being, as such public servant, char ged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 168.


person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 168. Public servant unlawfully engaging in trade. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. 169. Public servant unlawfully buying or bidding for property. Whoever, being a public servant, and bein g legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both ; and the property, if purchased, shall be confiscated. 170. Personating a public 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, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description, for a term which may extend to two y ears, or with fine, or with both. 1S.165B was ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1962 (59 of 1962), s. 2. 2Renumber and


ears, or with fine, or with both. 1S.165B was ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1962 (59 of 1962), s. 2. 2Renumber and added by Act XLIV of 2016, s. 3. Page 72 of 179 171. Wearing garb or carrying token used by public servant with fraudulent intent. Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be b elieved, that he belongs to that class of public servants, shall be punished with imprisonment of either description, for a term which may extend to three months, or with fine which may extend to 1[six hundred rupees], or with both. 2[CHAPTER IXA OF OFFENCES RELATING TO ELECTIONS 171A. “Candidates” “Electoral right” defined. For the purposes of this Chapter__ (a) “candidate” means a person who has been nominated as a candidate at any election and includes a person who, when an election is in contemplation, holds himself out as a prospective candidate thereat ; provided that he is subsequently nominated as a candidate at such election ; (b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. 171B. Bribery.__ (1) Whoever__ (i) gives a gratification to any person with the


a candidate or to vote or refrain from voting at an election. 171B. Bribery.__ (1) Whoever__ (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right ; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person, to exercise any such right, commits the offence of bribery : Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, Shall be deemed to have accepted the gratification as a reward. 171C. Undue influence at elections. __ (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. 1Subs.by Ord.86 of 2002, s.2 and Sch.I 2Chapter IXA ins. by the Elections Offences and Inquiries Act, 1920 (39


of undue influence at an election. 1Subs.by Ord.86 of 2002, s.2 and Sch.I 2Chapter IXA ins. by the Elections Offences and Inquiries Act, 1920 (39 of 1920), s. 2. Page 73 of 179 (2) Without prejudice to the generality of the provisions of subsection (1), whoever__ (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of subsection (1). (3) A declaration of public policy or a promise of public action, or the mer e exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 171D. Personation at elections. Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election. 171E.


whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election. 171E. Punishment for bribery. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation.__ ‘Treating’ means that form of bribery where the gratification consists in food, drink, entertainment, or provision. 171F. Punishment for undue influence or personati on at an election. Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 171G. False statement in connecti on with an election. Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine. 171H. Illegal payments in connection with an election. Whoever without the general or special authority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or


the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend 1[one thousand five hundred rupees]: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate he shall be deemed to have incurred such expenses with the authority of the candidate. 1Sub.by ord No.86 of 2002,s.2 & sch.I, “five hundred rupees”. Page 74 of 179 171I. Failure to keep election accounts. Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.] 1[171J. Inducing any person not to participate in any election or referendum, etc. __ Whoever by words, either spoken or written, or by visible representation, induces or, directly or indirectly, persuades or instigates, any person not to participate in, or to boycott, any election or referendum, or not to exercise his right of vote thereat, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five lac rupees,


punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five lac rupees, or with both.] CHAPTER X OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. 172. Absconding to avoid service of summons or other proceeding. Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summo ns, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 2[one thousand five hundred rupees], or with both ; or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 2[three thousand rupees], or with both. 173. Preventing service of summons or other proceeding, or preventing publication thereof. Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legal1y competent as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or


any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or intentionally prevents the la wful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 3[one thousand five hundred rupees], or with both ; or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may exte nd to six months, or with fine which may extend to 3[three thousand rupees], or with both. 1Added by ord.LIV of 1984,s.2 2Sub.by ord No.86 of 2002,s.2 & sch.I, “five hundred rupees”. 3Subs. by Ord. 86 of 02, s. 2 & Sch. I. Page 75 of 179 174. Nonattendance in obedienc e to an order from public servant. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him