the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, ratified by Pakistan on the second June, 1951.] Of Rape 3[2[375. Rape.__ A person A is said to commit “rape” if A__ (a) penetrates his penis, to any extend, into the vagina , mouth, urethra or anus of another person B or makes B to do so with A or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of B or makes B to do so with A or any other person; or (c) manipulates any part of the body of B so as to cause penetration into the vagina, urethra, anus or any part of body of B or makes B to do so with A or any other person; or (d) applies his mouth to the vagina, anus, urethra or penis of B or makes B to do so with A or any other person, under the circumstances falling under any of the following seven descriptions,— firstly, against B’s will; secondly, without B’s consent; thirdly, with B’s consent, which has been obtained by putting B or any person in whom B is interested, in fear of death or of hurt; fourthly, with B’s consent, when A knows that A is not


any person in whom B is interested, in fear of death or of hurt; fourthly, with B’s consent, when A knows that A is not B’s husband and that B’s consent is given because B believes that A is another man to whom B is or believes herself to be lawfully married; fifthly, with B' s consent when at the time of giving such consent, by reason of un-soundness of mind or intoxication or the administration by A personally or through another of any stupefying or un -wholesome substance, B is unable to understand the nature and consequences of that to which B gives consent; sixthly, with or without B's consent, when B is under sixteen years of age; or seventhly, when B is unable to communicate consent. 1Subsection (2) added by the Pakistan Penal Code (Amdt.) Act, 1958 (36 of 1958), s. 2. 2Subs. by Act LVI of 2021, s.2. 3Ins. by Act VI of 2006, s.5. Page 134 of 179 Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora. Explanation 2 .— Consent means an un -equivocal voluntary agreement when B by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that if B who does not physically resists to the act of penetration, it shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Explanation 3.— In this Chapter,— “person” means male, female or transgender,


the reason only of that fact, be regarded as consenting to the sexual activity. Explanation 3.— In this Chapter,— “person” means male, female or transgender, and “rape” includes “gang rape”. Explanation 4.— A bonafide medical procedure or intervention shall not constitute rape. 1[375A. Gang rape.— Where a person is raped by one or more persons constituting a group or acting in furtherance of a common intention. each of those persons shall be guilty of the offence of gang rape and shall be punished with death or for imprisonment for the remainder period of natural life or imprisonment for life and fine.] 376. Punishment for rape. __ (1) Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten years or more than twentyfive years 1[or for imprisonment for the remainder period of his natural life] and shall also be liable to fine. 3[(1A) Whoever commits an offence punishable under subsection (1) or subsection (2) or section 377 or section 377B and in the course of such commission causes any hurt punishable as an offence under section 333, section 335, clauses (iv), (v) and (vi) of subsection (3) of section 337, section 337C, clauses (v) and (vi) of section 337F shall be punished with death or imprisonment for life and fine.] (2) 2[* * * * * * *]] 3[(3) Whoever commits rape of a minor or a person with mental or physical disability shall be punished with death


* * * * *]] 3[(3) Whoever commits rape of a minor or a person with mental or physical disability shall be punished with death or imprisonment for life and fine. (4) Whoever being a public servant including a police officer, medical officer or jailor, taking advantage of his official position, commits rape shall be punished with death or imprisonment for life and fine.] 3[376A. Disclosure of identity of victim of rape, etc.__ (1) Whoever prints or publishes name or any matter which may make known identity of victim, against whom an offence under sections 354A, 376, 376A, 377 and 377B is alleged or found to have been committted, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. 1Ins. by Act LVI of 2021,ss.3 & 4. 2Omitted. by Act LVI of 2021, s.4. 3Ins. by Act XLIV of 2016, ss.5 and 6. Page 135 of 179 (2) Nothing is subsection (1) extends to any printing or publication if it is__ (a) by or under order in writing of officerincharge of the police station or police officer making investigation into such offence acting in good faith for the purposes of such investigation; or (b) by or under order of Court; or (c) by or with authorization in writing of the victim; or (d) by or with the authorization in writing of natural or legal guardian of the victim where the victim is dead or a minor


or (d) by or with the authorization in writing of natural or legal guardian of the victim where the victim is dead or a minor or of unsound mind. Explanation.__ Printing or publication of judgment of any High Court, the Federal Shariat Court or the Supreme Court in law journals does not amount to an offence within the meaning of this section.] Of Unnatural Offences 377. Unnatural offences.__ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life,] or with imprisonment of either description for a term which 2[shall not be less than two years nor more than] ten years, and shall also be liable to fine. Explanation.__ Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. 3[377A. Sexual abuse. __ Whoever employs, uses, forces, persuades , induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct either independently or in conjunction with other acts, with or without consent where age of person is less than eighteen years, is said to commit the offence of sexual abuse. 377B. Punishment.__ Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term which 4[shall not be less than fourteen years and may extend up to twenty years and with fine which


of either description for a term which 4[shall not be less than fourteen years and may extend up to twenty years and with fine which shall not be less than one million rupees.] CHAPTER XVII OF OFFENCES AGAINST PROPERTY Of Theft 378. Theft. Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. 2Subs. by the Criminal Laws (Amdt.) Ord.1980 (3 of 1980),s.6, for “may extend to”. 3Ins. by Act X of 2016, s. 7. 4Subs. by Act XXVII of 2018,s..3. Page 136 of 179 Explanation 1.__ A thing so long as it is attached to the earth, not being moveable prope rty, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2.__ A moving effected by the same act which effects the severance may be a theft. Explanation 3. __ A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation 4.__ A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the


person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Explanation 5.__ The consent mentioned in the definition may be expressed or implied, and may be given either by the person in possession, or by any person havin g for that purpose authority either express or implied. Illustrations (a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z's consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A's intention be dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z


without Z’s consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries th e plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he may co mmit criminal misappropriation of property. (h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. Page 137 of 179 (i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might


Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly. (j) If A owns money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z's consent, not having paid what he borrowed on the watch, be commits theft, though the watch is his own property inasmuch as he takes it dishonestly. (l) A takes an article belonging to Z out of Z’s possession with out Z’s consent, with the intention of keeping it until he obtain s money from Z as a reward for its restoration. Here A takes dishonestly ; A has therefore committed theft. (m) A, being on friendly terms with Z, goes in to Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose mere


friendly terms with Z, goes in to Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose mere ly of reading it, and with the intention of returning it. Here, it is probable than A may have conceived that he had Z’s implied consent to use Z’s book. If this was A's impression, A has not committed theft. (n) A asks charity from Z’s wife. She gives A m oney, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorized to give away alms. If this was A’s impression, A has not committed theft. (o) A is the paramour of Z’s wife. She gives A v aluable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft. 379. Punishment for theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both. 380. Theft in dwelling house. etc. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a


both. 380. Theft in dwelling house. etc. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property shall be punished with imprisonment o f either description for a term which may extend to seven years, and shall also be liable to fine. 381. Theft by clerk or servant of property in possession of master. Whoever being a clerk or servant, or being employed in the capacity of a clerk or servant , commits theft in respect of any property in the possession of his master or employer shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Page 138 of 179 1[381A. Theft of a car or other motor vehicles.__ Whoever commits theft of a car or any other motor vehicle, including motorcycle, scooter and Tractor shall be punished with imprisonment of either description for a term which may extend to seven years and with fine not exceeding the value of the stolen car or motor vehicle.] 2[Explanation.__ Theft of an electric motor of a tube well or transformer shall be within the meaning of this section.] 382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint,


the theft. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A commits theft on property in Z’s possession ; and, while committing this theft, he has a loaded pistol under his garment having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z’s pocket, having posted several of his companions near him in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. 383. Extortion. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”. Illustrations (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus


converted into a valuable security, commits “extortion”. Illustrations (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z’s child in wrongful confinement unless Z will sign and deliver to A a promissory note binding Z to pay certain money to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send clubmen to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion. 1Ins. by Act I of 1996, s.2. 2Added by Act XVI of 1996, s.2. Page 139 of 179 384. Punishment for extortion. Whoever, commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 385. Putting person in fear of injury in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear or


Putting person in fear of injury in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 386. Extortion by putting a person in fear of death or grievous hurt. Whoever, commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 387. Putting person in fear of death or of grievous hurt, in order to commit extortion. Whoever, in order to the committing of extortion puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 388. Extortion by threat of accusation of an offence punishable with death or 1[imprisonment for life] etc. Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 2[imprisonment for life], or with imprisonment for a term which may extend to ten


or attempted to commit any offence punishable with death, or with 2[imprisonment for life], or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with 2[imprisonment for life]. 389. Putting person in fear of accusation of offence, in order to commit extortion. Whoever, in order to the committing of extortion, puts or attempts to put any pers on in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punishable with death or with 2[imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished w ith imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with 2[imprisonment for life.] Of Robbery and Dacoity 390. Robbery. In all robbery there is either theft or extortion. When theft is robbery. Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for


of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. When extortion is robbery. Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that lSubs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation”. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. Page 140 of 179 person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person, or to some other person, and, by so putting in fear, induces the person so p ut in fear then and there to deliver up the thing extorted. Explanation.__ The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations (a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b)


has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the highroad, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z’s child on the highroad. A takes the child, and threatens to fling it down a precipice, unless Z deliver his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying__“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees .” This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child. 391. Dacoity. When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more every person so committing, attempting or aiding, is said


a robbery, and persons present and aiding such commission or attempt, amount to five or more every person so committing, attempting or aiding, is said to commit “dacoity”. 392. Punishment for robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which 1[shall not be less than three years nor more than] ten years, an d shall also be liable to fine ; and, if the robbery be committed on the highway 2[* * *] the imprisonment may be extended to fourteen years. 393. Attempt to commit robbery. Whoever attempts to commit robbery shall be punished with rigorous imprisonment fo r a term which may extend to seven years, and shall also be liable to fine. 394. Voluntarily causing hurt in committing robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly 1Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), ss.7&10, for “may extend to”. 2Omitted by Act VII of 1993, s.2. Page 141 of 179 concerned in committing or attempting to commit such robbery, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten years, and shall also be liable to fine. 395. Punishment for dacoity. Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten


be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten years, and shall also be liable to fine. 396. Dacoity with murder. If anyone of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those person shall be punished with death, or 1[imprisonment for life], or rigorous imprisonment for a term which 2[shall not be less than four years nor more than] ten years, and shall also be liable to fine. 397. Robbery or dacoity with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with wh ich such offender shall be punished shall not be less than seven years. 398. Attempt to commit robbery or dacoity when armed with deadly weapon. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. 399. Making preparation to commit dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 400. Punishment for belonging to gang of dacoits. Whoever, at any


term which may extend to ten years, and shall also be liable to fine. 400. Punishment for belonging to gang of dacoits. Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 401. Punishment for belonging to gang of thieves. Whoever, at any time after the passing of this Act, shal l belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. 402. Assembling for purpose of committing dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous impri sonment for a term which may extend to seven years, and shall also be liable to fine. 3[OF HIJACKING 402A. Hijacking. Whoever unlawfully, by the use or show of force or by threats of any kind, seizes, or exercises control of, an aircraft is said to commit hijacking. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. 2Subs. by


is said to commit hijacking. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. 2Subs. by the Criminal Laws (Amdt.) Ordinance, 1980 (3 of 1980), ss.7&10, for “may extend to”. 3Ins. by the Pakistan Penal Code (Second Amendment) Ordinance, 1981 (30 of 1981), s. 2. Page 142 of 179 402B. Punishment for hijacking. Whoever commits, or conspires or attempts to commit, or abets the commission of, hijacking shall be punished with death or imprisonment for life, and shall also be liable to forfeiture of property and fine. 402C. Punishment for harbouring hijacker, etc. Whoever knowingly harbours any person whom he knows or has reason to believe to be a person who is about to commit or has committed or abetted an offence of hijacking, or knowingly p ermits any such persons to meet or assemble in any place or premises in his possession or under his control, shall be punished with 1[**] imprisonment for life, and shall also be liable to fine.] Of Criminal Misappropriation of Property 403. Dishonest misa ppropriation of property. Whoever dishonestly misappropriates or converts to his own use any moveable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. Illustrations (a) A takes property belonging to Z out of Z’s possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty


out of Z’s possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes away a book without Z’s express consent. Here, if A was under the impression, that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B, being joint owners of a horse, A takes the horse out of B’s poss ession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1. __ A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. Illustration A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a ba nker as a security for a loan, intending at a future time to restore it to Z. A


to Z, pledges it with a ba nker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2.__ A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence ; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of di scovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. 1 Omitted by Criminal Laws (Amendment) Act, 2025 (Act No. XXVII of 2025), s.3 Page 143 of 179 What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it, it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believes that the real owner cannot be found. Illustrations (a) A finds a rupee on the highroad, not knowing to whom the rupee belongs.


faith believes that the real owner cannot be found. Illustrations (a) A finds a rupee on the highroad, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person on whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. (d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e) A finds a pu rse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediat ely without attempting to


an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediat ely without attempting to discover the owner. A is guilty of an offence under this section. 404. Dishonest misappropriation of property possessed by deceased person at the time of his death. Whoever dishonestly misappropriates or converts to his own use pr operty, knowing that such property was in the possession of a deceased person at the time of that person's decease and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration Z dies in pos session of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. Of Criminal Breach of Trust 405. Criminal breach of trust. Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any directi on of law prescribing the mode in which such trust is to be discharged, or


or disposes of that property in violation of any directi on of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made Page 144 of 179 touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”. Illustrations (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. (b) A is a warehousekeeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouseroom. A dishonestly sells the goods. A has committed criminal breach of trust. (c) A, residing in 1[Dacca], is agent for Z, residing at 2[Lahore]. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z, remits a lakh of rupees to A, with directions to A to invest t he same in Company’s paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares


But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e) A, a revenueofficer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Governmen t, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrused by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. 406. Punishment for criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to 3[seven] years, or with fine, or with both. 407. Criminal breach of trust by carrier, etc. Whoever, being entrusted with property as a carrier, wharfinger or warehousekeeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment or either description for a term which may extend to seven years, and shall also


in respect of such property, shall be punished with imprisonment or either description for a term which may extend to seven years, and shall also be liable to fine. 408. Criminal breach of trust by clerk or servant. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be 1Subs. by the Federal Laws Revision and Declaration Act, 1951 (26 of 1951), s. 4 and III Sch., for “Calcutta”. 2Subs. ibid., for “Delhi”. 3Subs. by Criminal Law (Amendment) Ordinance, 1981 (33 of 1981), s.2, for “three”. Page 145 of 179 punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 409. Criminal breach of trust by public servant, or by banker, merchant or agent. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 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. Of the Receiving of Stolen Property 410. Stolen property. Property, the possession whereof has been transferred by


years, and shall also be liable to fine. Of the Receiving of Stolen Property 410. Stolen property. Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 2* * * criminal breach of trust has been committed, is designated as “stolen property”, 3[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 4[Pakistan]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. 411. Dishonestly receiving stolen property. Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 412. Dishonestly receiving property stolen in the commission of a decoity. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of decoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits , property which he knows or has reason to believe to have been stolen, shall be punished with 5[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and


to have been stolen, shall be punished with 5[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 413. Habitually dealing in st olen property. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with 5[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. 414. Assisting in concealment of stolen property. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Of Cheating 415. Cheating. Whoever, by deceiving any person, fraudulently or dishonest1y induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. 2The word “the” before the words “offence of” was rep. by the Amending Act, 1891 (12 of 1891), and the words “offence of” were rep. by s. 9 of the Indian Penal Code Amdt. Act, 1882 (8 of 1882). 3Ins. by Act 8 of 1882, s. 9. 4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of


Amdt. Act, 1882 (8 of 1882). 3Ins. by Act 8 of 1882, s. 9. 4Subs. 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”. 5Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. Page 146 of 179 property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person 1[or any other person] in body, mind, reputation or property, is said to “cheat”. Explanation.__ A dishonest concealment of facts is a deception within the meaning of this section. Illustrations (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induce s Z to let him have on credit goods for which he does not mean, to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing


buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pleading as diamonds articles, which he knows are not diamonds intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A, intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does no t intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats ; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver i t, he does not cheat, but is liable only to a civil action for breach of contract.


breaks his contract and does not deliver i t, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats. 1Ins. by the Pakistan Penal Code (Amdt.) Ordinance, 1980 (41 of 1980), s.2. Page 147 of 179 416. Cheating by personation. A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by know ingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.__ The offence is committed whether the individual personated is a real or imaginary person. Illustrations (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. 417. Punishment for cheating. Whoever cheats shall be punished with imprisonment of either description for a


a person who is deceased. A cheats by personation. 417. Punishment for cheating. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 419. Punishment for cheating by personation. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to l[seven] years, or with fine, or with both. 420. Cheating and dishonestly inducing delivery of property. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Of Fraudulent Deeds and Dispositions of Property 421. Dishonest or fraudulent removal or concealment of property to prevent


and shall also be liable to fine. Of Fraudulent Deeds and Dispositions of Property 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 422. Dishonestly or fraudulently preventing debt being available for creditors. Whoever dishonestly or fraudulently preven ts any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1Subs. by the Criminal Law (Amdt.) Ord. 1981 (33 of 1981), s. 2, for “three”. Page 148 of 179 423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating


deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 424. Dishonest or fraudulent removal or concealment of property. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Of Mischief 425. Mischief. Whoever, with intent to cause, or, knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. Explanation 1.__ It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause,


to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damag e to any person by injuring any property, whether it belongs to that person or not. Explanation 2 .__ Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water into an icehouse belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A having insured a ship, voluntarily causes the same to be cast away, wi th the intention of causing damage to the underwriters. A has committed mischief. (f) A, causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship.


(f) A, causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. Page 149 of 179 (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has c ommitted mischief. 426. Punishment for mischief. Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. 427. Mischief causing damage to the amount of fifty rupees. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 428. Mischief by killing or maiming animal of the value of ten rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a t erm which may extend to two years, or with fine, or with both. 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. Whoever


fine, or with both. 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 430. Mischief by injury to works of irrigation or by wrongfully diverting water. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purp oses, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 431. Mischief by injury to public road, bridge, river, or channel. Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 432. Mischief by causing


punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 432. Mischief by causing inundation or obstruction to public dra inage attended with damage. Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 433. Mischief by destroying, moving or rendering less useful a lighthouse or seamark. Whoever commits mischief by destroying or moving any lighthouse or other light used as a seamark, or any seamark or buoy or other thing placed as a guide for navigators, or by any act which renders any such lighthouse, seamark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Page 150 of 179 434. Mischief by destroying or moving etc., a landmark fixed by public authority. Whoever commits mischief by destroying or moving any landmark fixed by the authority of a public servant, or by any act which renders such landmark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 435.


such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards 1[or (where the property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description for a term which 2[shall not be less than two years nor more than] seven years and shall also be liable to fine. 436. Mischief by fire or explosive substance with intent to destroy house, etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 3[imprisonment for life], or with imprisonment of either description for a term which 4[shal1 not be less than three years nor more than] ten years, and shall also be liable to fine. 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden. Whoever commits mischief to any


to fine. 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden. Whoever commits mischief to any decked vessel or a ny vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 438. Punishment for the mischief described in section 437 committed by fire or explosive substance. Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 3[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. 439. Punishment for intentionally running vessel agrou nd or ashor with intent to commit theft, etc. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappr opriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 440. Mischief committed after preparation made causing death or hurt. Whoever commits mischief, having made preparation for causing to any person


be liable to fine. 440. Mischief committed after preparation made causing death or hurt. Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 1Ins. by the Penal Code (Amdt.) Act, 1882 (8 of 1882), s.10. 2Subs. by the Criminal Laws (Amdt.) Ord. 1980 (3 of 1980), ss. 11 and 12, for “may extend to”. 3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. 4Subs. by Ord. 3 of 1980, s. 12, for "may extend to". Page 151 of 179 Of Criminal Trespass 441. Criminal trespass. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimida te, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”. 442. Housetrespass. Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “housetrespass”. Explanation.__ The


or any building used as a place for worship, or as a place for the custody of property, is said to commit “housetrespass”. Explanation.__ The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute housetrespass. 443. Lurking housetrespass. Whoever commits housetrespass having taken precautions to conceal such housetrespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house trespass”. 444. Lurking housetrespass by night. Whoever commits lurking housetrespass after sunset and before sunrise, is said to commit “lurking housetrespass by night”. 445. Housebreaking. A person is said to commit “housebreaking” who commits housetrespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:__ Firstly.__ If he enters or quits t hrough a passage made by himself, or by any abettor of the housetrespass, in order to the committing of the housetrespass. Secondly.__ If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance ; or through any passage to which he has obtained access by


person, other than himself or an abettor of the offence, for human entrance ; or through any passage to which he has obtained access by scaling or climbing over any wall or building. Thirdly.__ If he enters or quits through any passage which he or any abettor of the housetrespass has opened, in order to the com mitting of the housetrespass by any means by which that passage was not intended by the occupier of the house to be opened. Fourthly.__ If he enters or quits by opening any lock in order to the committing of the house trespass, or in order to the quitting of the house after a housetrespass. Fifthly.__ If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault. Sixthly.__ If he enters or quits by any passage which he knows to have be en fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house - trespass. Page 152 of 179 Explanation.__ Any outhouse or building occupied with a house, and between which and such house there is an immediate internal c ommunication, is part of the house within the meaning of this section. Illustrations (a) A commits housetrespass by making a hole through the wall of Z’s house, and putting his hand through the apperture. This is housebreaking. (b) A commits housetrespass by creeping into a ship at a porthole between decks. This is


putting his hand through the apperture. This is housebreaking. (b) A commits housetrespass by creeping into a ship at a porthole between decks. This is housebreaking. (c) A commits housetrespass by entering Z’s house, through a window. This is house breaking. (d) A commits housetrespass by entering Z’s house through the door, having opened a door which was fastened. This is housebreaking. (e) A commits housetrespass by entering Z’s house through the door having lifted a latch by putting a wire through a hole in the door. This is housebreaking. (f) A finds the key of Z’s house door, which Z had lost, and commits housetrespass by entering Z’s house, having opened the door with that key. This is housebreaking. (g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house trespass by entering the house. This is housebreaking. (h) Z, the doorkeeper of Y, is standing in Y’s doorway. A commits housetrespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house breaking. 446. Housebreaking by night. Whoever commits housebreaking after sunset and before sunrise, is said to commit “housebreaking by night”. 447. Punishment for criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend t o three months, or with fine which may extend to 1[one thousand five hundred rupees], or with both. 448. Punishment for housetrespass. Whoever commits housetrespass shall be punished


or with fine which may extend to 1[one thousand five hundred rupees], or with both. 448. Punishment for housetrespass. Whoever commits housetrespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to 1[three thousand rupees], or with both. 449. House-trespass in order to commit offence punishable with death. Whoever commits housetrespass in order to the committing of any offence punishable with death, shall b e punished with 2[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. 1Subs. by Ord. 86 of 2002 , s. 2 and Sch., I, for “five hundred rupees and one thousand rupees”. 2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. Page 153 of 179 450. Housetrespass in order to commit offence punishable with imprisonment for life. Whoever commits housetrespass in order to the committing of any offence punishabl e with 1[imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 451. Housetrespass in order to commit offence punishable with imprisonment. Whoever commits ho usetrespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to


of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be com mitted is theft, the term of the imprisonment may be extended to seven years. 452. Housetrespass after preparation for hurt, assault or wrongful restraint. Whoever commits housetrespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 453. Punishment for lurking housetrespass or house -breaking. Whoever commits lurking housetrespass or housebreaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. 454. Lurking housetrespass or house-breaking in order to commit offence punishable with imprisonment. Whoever commits lurking housetrespass or housebreaking, in order to the committing of any offence punishable with imprisonment, s hall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine ; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years. 455. Lurking housetrespass or housebreaking after preparation for hurt, assault or wrongful restraint. Whoever commits lurking housetrespass, or housebreaking, having made


extended to ten years. 455. Lurking housetrespass or housebreaking after preparation for hurt, assault or wrongful restraint. Whoever commits lurking housetrespass, or housebreaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongf ully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 456. Punishment for lurking housetrespass or house -breaking by night. Whoever commits lurking housetrespass by night, or housebreaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 457. Lurking house -trespass or housebreaking by night in order to commit offence punishable with imprisonment. Whoever commits lurking housetrespass by night, or house breaking by night, in order to the committing of any offence punisha ble with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine ; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation for life”. Page 154 of 179 458. Lurking housetrespass or house -breaking by night after preparation for hurt, assault or wrongful


and Sch., for “transportation for life”. Page 154 of 179 458. Lurking housetrespass or house -breaking by night after preparation for hurt, assault or wrongful restraint. Whoever commits lurking housetrespass by night or housebreaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. 1[459. Hurt caused whilst committing lurking housetrespass or housebreaking. __ Whoever, whilst committing lurking housetrespass or housebreaking, causes hurt to any person or attempts to commit qatl of, or hurt to, any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to the same punishment for committing qatl or causing hurt or attempting to cause Qatl or hurt as is specified in Chapter XVI of this Code.] 1[460. Persons jointly concerned in lurking housetrespass or housebreaking by night punishable for qatl or hurt caused by one of them. __ If, at the time of the committing of lurking housetrespass by night or housebreaking by night any person guilty of such offence shall voluntarily cause or attempt to commit qatl of, or hurt to, any person, every person jointly concerned in committing such lurking housetrespass by night,


shall voluntarily cause or attempt to commit qatl of, or hurt to, any person, every person jointly concerned in committing such lurking housetrespass by night, or housebreaking by night, shall be punished with imprisonment for life or, with imprisonment of either description for a term which may extend to ten years and shall also be liable to the same punishment for committing qatl or causing hurt to attempting to cause qatl or hurt as is specified in Chapter XVI of this Code.] 461. Dishonestly breaking open receptacle containing property. __ Whoever dishonestly or with intent to commit mischief breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 462. Punishment for same offence when committed by person entrusted with custody.__ Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 2[CHAPTER XVII A OF OFFENCES RELATING TO OIL AND GAS ETC 462A. D efinition.— In this chapter, unless there is anything repugnant in the subject or context: (a) "distribution" means the activity of transporting petroleum through pipelines and associated facilities. In case


unless there is anything repugnant in the subject or context: (a) "distribution" means the activity of transporting petroleum through pipelines and associated facilities. In case of natural gas, distribution means the activity of transporting natural gas through pipelines and associated facility at a pressure which would not ordinarily be expected to exceed three hundred per square inch gauge (psig) or such pressure as the relevant Regulatory Authority may prescribe from time to time; 1Subs. by Act II of 1997, ss. 8 & 9. 2Ins. by Act XX of 2011, s. 2. Page 155 of 179 (b) "facility" includes Liquefied Petroleum Gas (LPG) processing facility or compression facility, natural gas or LPG testing facility, natural gas storage facility, Liquefied Na tural Gas (LNG) processing facility or crude oil and refined oil products storage facility, repeater station or compression station other than compression system installed at Compressed Natural Gas (CNG) Station; (c) "gas meter" means an instrument which measures gas delivered to consumer for consumption; (d) "gas regulator" means a regulator to control the pressure of gas; (e) "installation" means all facilities used in loading, unloading, reloading, transmission and distribution of petroleum, including eq uipment, terminals, storage tanks, pipelines and port facilities; (f) "meter index" means a "counter in" in a gas meter for recording the volume of gas passed through the gas meter at line condition; (g) "person" includes any individual or any company, fir m or corporation whether incorporated or not, or a public servant or an employee of any


(g) "person" includes any individual or any company, fir m or corporation whether incorporated or not, or a public servant or an employee of any oil and gas company; (h) "petroleum" means oil, crude oil, refined oil products, natural gas, LPG, Air Mix LPG, LNG and CNG; (i) "pipeline" means any pipe or any system or arrangement of pipes wholly within Pakistan including offshore area which transports petroleum and includes all equipment of any kind used for the purpose of, or in connection with, or incidental to, the operation of a pipeline in transporting or handl ing of petroleum; (j) "tampering" includes interfering or creating hindrance in flow or metering of petroleum by unauthorized entry into metering system or transmission and distribution lines either by breaking the seals or damaging or destructing the same or in any manner interfering with the meter or interfering with its original condition; (k) "transmission" means the activity of transporting natural gas through pipelines and other facilities at a pressure of not less than three hundred psig or such pressure as the relevant regulatory Authority may prescribe from time to time; and (l) "transportation" means an activity of transporting oil through pipelines and associated facilities where the pipelines are an integral part of a refinery, facility or gathering pipelines. 462B. Tampering with petroleum pipelines, etc. __ (1) Any person who willfully does tampering or attempts to do tampering or abets in tampering with a facility, installation or main pipeline for transmission or transportation, as the


willfully does tampering or attempts to do tampering or abets in tampering with a facility, installation or main pipeline for transmission or transportation, as the case may be, of petroleum, is said to commit tampering with petroleum pipelines. Page 156 of 179 (2) Any person who commits or abets in tampering with petroleum pipelines for the purpose of,__ (a) theft of petroleum; or (b) disrupting supply of petroleum, shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which may extend to ten million rupees. 462C. Tampering with auxiliary or distribution pipelines of petroleum.— (1) Any person who wilfully does tampering or attempts to do tampering or abets in tampering with any auxiliary or distribution pipeline of petroleum not being a main transmission and transportation pipeline but includes a distribution system, distribution pipeline or any other related system and equipment, as the case may be, of petroleum is said to commit tampering with auxiliary or distribution pipelines of petroleum. (2) Any person who commits or abets in tampering with auxiliary or distribution pipeline or petroleum for the purpose of,__ (a) theft of petroleum; or (b) disrupting supply of petroleum, shall be punished with rigorous imprisonment which may extend to ten years but shall not be less than five years and with fine which may extend to three million rupees. 462D. Tampering with gas meter by domestic consumer, etc.__ Any person or individual being the domestic consumer who


which may extend to three million rupees. 462D. Tampering with gas meter by domestic consumer, etc.__ Any person or individual being the domestic consumer who does tampering or abets in tampering with any gas meter regulator, meter index or gas connection or any other related system and equipments, whether to commit theft of gas or for the purpose of unauthorized distribution or supply of gas shall be punished with imprisonment for a term which may extend to six months or fine which may extend to one hundred thousand rupees or both. 462E. Tampering with gas meter by Industrial or commercial consumer, etc.__ Any person or individual being industrial or commercial consumer who does tampering or abets in tampering with any gas meter, regulator, meter index or gas connection or any other related system and equipments, whether to commit theft of gas or for the purpose of unauthorized distribution or supply of gas shall be punished with imprisonment which may extend to ten years but shall not be less than five years or fine which may extend to five million rupees or both. 462F. Damaging or destructing the transmission or transportation lines, etc.__ Any person who damages or destructs any transmission or transportation lines by an act of subversion by explosive material or in any other manner so as to disrupt the supply of petroleum shall be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which shall not


be punished with rigorous imprisonment which may extend to fourteen years but shall not be less than seven years and with fine which shall not be less than one million rupees]. Page 157 of 179 1[CHAPTER XVII B OF OFFENCES RELATING TO ELECTRICITY 462G. Definitions.__ In this Chapter, unless there is anything repugnant in the subject or context,__ (a) "Court" means the court of sessions designated as Electricity Utilities Court empowered to take cognizance of an offence under this Chapter; (b) "consumer" means a person or his successor in interest who purchases or receives electric power for consumption and not for delivery or resale to other, including a person who owns or occupi es a premises where electric power is supplied; (c) "distribution" means the ownership, operation, management or control of distribution facilities for the movement or delivery or sale to consumers of electric power but shall not include the ownership, operation, management and control of distribution facilities located on private property and used solely to move or deliver electric power to the person owning, operating, managing and controlling those facilities or to tenants thereof; (d) "distribution facilities" means electrical facilities operating at the distribution voltage and used for the movement or delivery of electric power; (e) "electric meter" means an instrument which measures electricity delivered to the consumer for consumption including kilow att meter, kilowatt hour meter; kilowatt ampere hour meter, kilowatt ampere reactive hour meter, current transformers, potential transformers, maximum demand indicator or any other measuring apparatus; (f)


kilowatt hour meter; kilowatt ampere hour meter, kilowatt ampere reactive hour meter, current transformers, potential transformers, maximum demand indicator or any other measuring apparatus; (f) "electric supplyline" means a wire, conductor or other means used for conveying, transmitting, or distributing energy together with any casing, coating, covering, tube, pipe or insulator, enclosing, surrounding or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of so conveying, transmitting or distributing such energy; (g) "electric power" means electrical energy or the capacity for the production of electrical power; (h) "electric power services" means the generation, transmission or distribution of electric power and all other services incidental thereto; (i) "energy" means electrical energy when generated, transmitted, distributed, supplied or used for any purpose; (j) "Government" means the Federal Government; 1Ins. by Act No. VI of 2016, s.2. Page 158 of 179 (k) "licence" means a licence issued for generation, transmission or distribution under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (XL of 1997); (l) "licence" means a holder of a licence; (m) "person" includes any individual or any company, firm or cooperation whether incorporated or not, or public servant or an employee of any, company, licensee or electric power utility; (n) "service line" means any electric supplyline through which energy is, or is intended to be, supplied by a licensee,— (i) to a single consumer either from a distributing main or immediately from the licensee's premises; or (ii) from a distributing main


by a licensee,— (i) to a single consumer either from a distributing main or immediately from the licensee's premises; or (ii) from a distributing main to a group of consumers on the same premises of on adjoining premises supplied from the same point of the distributing main; (o) "tampering" or "tamper" includes interfering or creating hindrance in flow or metering of electric power by unauthorized entry of access into metering system or transmission and distribution lines either by breaking the seals o r damaging or destructing the same or in any manner interfering with the electric meter or transmission line or distribution line or interfering with its original condition; (p) "tariff" means the rates, charges terms and condition for generation of electr ic power, transmission, interconnection, distribution services and sales of electric power to consumers by a licensee; (q) "transmission" means the ownership, operation, management or control of transmission facilities; (r) "transmission facilities" means electrical transmission facilities including electrical circuits, transformers and substations operating at or above the minimum transmission voltage; and (s) "works" includes electric supplylines and any buildings, machinery or apparatus required to supply energy. 462H. Abstraction or tampering etc. with transmission.— (1) Any person who,— (a) dishonestly taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or services lines, electric supplyline or transmission facilities of a licensee for transmission of electric power services, or any other related system and equipment, as the case may be, so as to


facilities of a licensee for transmission of electric power services, or any other related system and equipment, as the case may be, so as to abstract, use or consume electricity without passing through the electric meter is said to cause abstraction; or (b) willfully tampers or attempts to tamper with service line, electric supplyline or transmission facilities for transmission of electric power, is said to cause tampering. Page 159 of 179 (2) Any person who causes or abets in causing abstraction or commits or abet in committing tampering with transmission of electric power for the purpose of,— (a) theft of electric power; or (b) disrupting supply of electric power; or (c) illegal transmission of electric power services, shall be punishable with rigorous impr isonment which may extend to three years or with fine which may extend to ten million rupees or with both. 462 I. Abstraction or tampering etc., with distribution or auxiliary. __ (1) Any person who,__ (a) dishonestly taps, makes or causes to be made any co nnection with overhead, underground or under water lines or cables, or service lines, electric supplyline or distribution facilities of a licensee for distribution of electric power services so as to abstract, use or consumer electricity without passing through the electric meter is said to cause abstraction; or (b) willfully tampers or attempts to tamper with service line, electric supplyline or distribution facilities for distribution of electric power services, or any other related system and equipment , as the case may be,


line, electric supplyline or distribution facilities for distribution of electric power services, or any other related system and equipment , as the case may be, for distribution of electric power services is said to cause tampering with auxiliary or distribution of electric power. (2) Any person who causes or abets in causing abstraction or commits or abets in committing tampering with distribution of electric power for the purpose of,— (a) theft of electric power; or (b) disrupting supply of electric power; or (c) illegal distribution of electric power services, shall be punishable with rigorous imprisonment which may extend to three years or with fine which may extend to three million rupees or with both. 462J. Interference, improper use or tampering with electric meter by domestic consumer, etc.__ Any person being the domestic consumer who,__ (a) unauthorizedly connects any electric meter with any electric line through which electricity is supplied by a licensee or disconnects the same from any such electric line without the consent of the licensee; or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected without the consent of the licensee; or Page 160 of 179 (c) tampers with an electric meter, install or uses a tampered electric meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or


meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or (d) uses the energy supplied by a licensee under one method of tariff in a manner for which higher tariff is in force; or (e) uses energy supplied by a licensee in a manner prejudicial to the safety or efficient working of the electric supplyline or deals with it in a manner so as to interfere with efficient supply of energy to other consumers, or persons; or (f) abets in the commission or any of the acts mentioned in clauses (a) to (e), in order to commit theft of electric power, or dishonestly abstract, consume or use electric power or unauthorized distribution or supply of e lectric power shall be punishable with imprisonment for a term which may be extend to two years or with fine which may extend to one million rupees or with both. 462K. Interference, improper use of tampering with electric meter by industrial or commercial, etc.— Any person being industrial or commercial who,__ (a) unauthorizedly connects any electric meter with any electric line through which electricity its supplied by a licensee or disconnects the same from any such electric line without the consent of the licensee; or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of


line without the consent of the licensee; or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected without the consent of the licensee; or (c) tampers with an electric meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or (d) uses the energy supplied by a licensee under one method of tariff in a manner for which higher tariff is in force; or (e) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee without consent; or (f) uses energy supplied by a licensee in a manner prejudicial to the safety or efficient working of the electric supplyline or deals with it in a manner so as to interfere with efficient supply of energy to other consumers, persons; or (g) abets in the commission of any of the acts mentioned in clauses (a) to (f), in order to commit theft of electric power, or dishonestly abstract, cons ume or use electric power or unauthorized distribution or supply of electric power shall be punished with Page 161 of 179 imprisonment which may extend to


or use electric power or unauthorized distribution or supply of electric power shall be punished with Page 161 of 179 imprisonment which may extend to three years or with fine which may extend to six million rupees or with both. 462L. Interference, improper use or tem pering with electric meter by agricultural consumer, etc.__ Any person being agricultural consumer who,__ (a) unauthorizedly connects any electric meter with any electric line through which electricity is supplied by a licensee disconnects the same from any such electric line without the consent of the licensee; or (b) unauthorizedly reconnects any electric meter with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected without the consent of the licensee; or (c) tampers with an electric meter, install or uses a tampered meter, current reversing transformer, loop connection or any other device or method, contrivance or artificial means which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or (d) uses the energy supplied by a licensee under one method of tariff in a manner for which higher tariff is in force; or (e) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee without consent; or (f) uses energy supplied by a licensee in a manner prejudicial


purpose of communicating with any other works belonging to a licensee without consent; or (f) uses energy supplied by a licensee in a manner prejudicial to the safety or efficient working of the electric supplyline or deals with in a manner so as to interfere with efficient supply of energy to other consumers, persons; or (g) abets in the commission of any of the act mentioned in clauses (a) to (f), in order to commit theft of ele ctric power, or dishonestly abstract, consume or use electric power or unauthorized distribution or supply of electric power shall be punished with imprisonment which may extend to two years or with fine which may extend to two and half million rupees or with both. 462M. Damaging or destroying or destructing the transmission lines, distribution lines, electric meter etc. __ Any person who damages, destroys or destruct any transmission lines, distribution lines, electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged, destroyed or destructed by an act of subversion by explosive material or in any other manner so as to disrupt the supply of electric power services or maliciously causes electric power services to be wasted or diverted or cuts off or injures or attempts to cut off or injure any transmission line or distribution line or a service line or electric supply line shall be punished with rigorous imprisonment which may extend to seven years and with fine which shall not be less than


or electric supply line shall be punished with rigorous imprisonment which may extend to seven years and with fine which shall not be less than three million rupees. 462N. Recovery of outstanding amounts from persons involved in section 462H to 462M offences.__ Any person said to commit or to have committed the offence as mentioned in section 462H to 462M shall also be liable to pay an amount equivalent to the financial loss caused to the Government or the distribution companies concerned. Any such outstanding amount of penalties Page 162 of 179 or fines imposed under this Chapter shall be recoverable as arrears of land revenue. 462O. Cognizance.__ (1) The Court shall try an offence punishable under this Chapter. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or any other law for the time being in force, the Court shall not take cognizance of an offence under this Chapter except on a complaint made, with reasons to be recorded in writing along with full particulars of the offences committed under this Chapter, by duly authorized officer (not below Grade 17) of the Government or the distribution company, as the case may be. 462P. Overriding effect. — The provisions of this Chapter shall have effect notwithstanding anything contained in any other law for the time being in force.] CHAPTER XVIII OF OFFEENCES RELATING TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS 463. Forgery. Whoever makes any false document or part of a document, with intent to cause damage


TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS 463. Forgery. Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. 464. Making a false document.__ A person is said to make a false document Firstly.__ Who dishonestly or fraudulently makes, signs, se als or executes a document or part of a document, or makes any mark denoting the execution of a document with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or Secondly.__ Who, without lawful authority, dishonestly or fraudulently, b y cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly.__ Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such


the time of such alteration; or Thirdly.__ Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him he does not know the contents of the document or the nature of the alteration. Illustrations (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds a cipher to the 10,000 and makes the sum 1,00,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z’s authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchasemoney. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery. Page 163 of 179 (d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque


up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery. (e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity . Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z’s will contains these words"I direct that all my remaining property be equally divided between A, B and C." A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order” and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance