The Pakistan Penal Code, 1860

[1](XLV OF 1860)

[6th October, 1860]

[2][CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY

OF OFFENCES AFFECTING LIFE

[3][299.    Definitions. In this Chapter, unless there is anything repugnant in the subject or context,--

(a)        “adult” means a person who has attained the age of eighteen years;

(b)        “arsh” ﴿ارش﴾ means the compensation specified in this Chapter to be paid to the victim or his heirs under this chapter;

(c)        “authorised medical officer” means a medical officer or a Medical Board, howsoever designated, authorised by the Provincial Government;

(d)        “daman” ﴿ضمان﴾ means the compensation determined by the Court to be paid by the offender to the victim for causing hurt not liable to arsh;

(e)        “diyat” ﴿دیت﴾ means the compensation specified in Section 323 payable to the heirs of the victim;

[4][(ee) “fasad-fil-arz” includes the past conduct of the offender or whether he has any previous conviction or the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience or if the offender is considered a potential danger to the community or if the offence has been committed in the name or the pretext of honour;]

(f)        “Government” means the Provincial Government;

(g)        “ikrah-e-tam” ﴿اکراہ تام﴾ means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant death or instant permanent impairing of any organ of the body or instant fear of being subjected to sodomy or zina-bil-jabr;

(h)        “ikrah-e-naqis” ﴿اقراہ ناقص﴾ means any form of duress which does not amount to ikrah-i- tam;

            (i)      “minor” means a person who is not an adult;

            [5][(ii)   “offence committed in the name or on the pretext of honour” means an offence committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices;]

(j)         “qatl” ﴿قتل﴾ means causing death of a person;

(k)        “qisas” ﴿قصاص﴾ means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl-iamd in exercise of the right of the victim or a wali;

(l)         “ta’zir” ﴿تعزیر﴾ means punishment other than qisas ﴿قصاص﴾, diyat ﴿دیت﴾, arsh ﴿ارش﴾ or daman ﴿ضمان﴾; and

(m)      “wali” means a person entitled to claim qisas.

 


[1].       The Pakistan Penal Code has been declared in force in--

          It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext., dated 1-6-1951.

          It has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941 and 26 of 1950.

          It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499.

          It has also been extended by notification under Article 7(1)(a) of the N.W.F.P. (Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of 1952), to the added area described in the First Schedule to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, P. 70.

          It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1963 (W.P. Act 6 of 1963), S. 2 (w.e.f. the 18th April, 1963).

          It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1964 (W.P. Act 32 of 1964), S. 2 (w.e.f. 27-4-1964).

[2].       Sections 299 to 338-H subs. by Cr. Law (Second Amendment) Ordinance, 1990, which is still in force by virtue of Crl. Law (Fifth Amendment) Ordinance, XVII of 1992. [PLD 1993 Cent. 70, Ordinance, XCIX of 1995 etc. Finally Act, II of 1997.

[3].       Subs. by Act II of 1997, following Ordinance XLIX of 1995.

[4].       Inserted by Criminal Law (Amendment) (Offences in the name or on Pretext of Honour) Act, (XLIII of 2016), dated 22.10.2016.

[5].       Inserted by Crl. Law (Amendment) Act, 2004 (Act I of 2005), PLJ 2005 Fed. St. 207.