The Pakistan Penal Code, 1860

[1](XLV OF 1860)

[6th October, 1860]

337-A. Punishment of shajjah. Whoever, by doing any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, causes:-

(i)         Shajjah-i-khafifah ﴿شجہ خفیفہ﴾ to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to two years as ta’zir;

(ii)        shajjah-i-mudihah ﴿شجہ موضعہ﴾ to any person, shall, in consultation with the authorised medical officer, be punished with qisas, and if the qisas is not executable keeping in view the principles of equality in accordance     with the Injunctions of Islam, the convict shall be liable to arsh which shall be five per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to five years as ta’zir;

(iii)       shajjah-i-hashimah ﴿شجہ ہاشمیہ﴾ to any person, shall be liable to arsh which shall be ten per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta’zir;

(iv)       shajjah-i-munaqqilah ﴿شجہ منعقلہ﴾ to any person, shall be liable to arsh which shall be fifteen per cent of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta’zir;

(v)        shajjah-i-ammah ﴿شجہ آمہ﴾ to any person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to [2][ten] years as ta’zir; and

(vi)       shajjah-i-damighah ﴿شجہ دامیہ﴾ to any person shall be liable to arsh which shall be one-half of diyat and may also be punished with imprisonment of either description for a term which may extend to fourteen years as ta’zir.

 


[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].       It may be noted that sentence of this offence as shown in the schedule of Act, II of 1997 in fourteen years.