Amended by:
Criminal Law (Amendment) Act 2012 (XXIII of 2002)
Criminal Law (Third Amendment) Act 2011 (XXVI of 2011)
Criminal Law (Second Amendment) Act 2011 (XXV of 2011)
Criminal Law (Amendment) Act, 2011 (XX of 2011)
Criminal Law (Amendment) Act 2010 (I of 2010)
Protection of Women (Criminal Laws Amendment) Act 2006
Criminal Laws (Amendment) Act 2004 (I of 2005)
Criminal Law (Amendment) Ordinance (LXXXV of 2002)
Criminal Laws (Reforms) Ordinance (LXXXVI of 2002)

It is enacted as:

Chapter 1

Introduction

1. Title and extent of operation of the Code.
This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan.
2. Punishment of offences committed within Pakistan.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan.
3. Punishment of offences committed beyond, but which by law may be tried within Pakistan.
Any person liable, by any Pakistan Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan.
4. Extension of Code to extra-territorial offences.
The provisions of this Code apply also to any offence committed by:-
 (1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan;
(4) any person on any ship or aircraft registered in Pakistan wherever it may be.

Explanation: In this section the word “offence” includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code.

Illustrations
(a) A, a Pakistan subject, commits a murder in Uganda. He can be tried and convicted of murder in any place in Pakistan in which he may be found.
 (c) C, a foreigner who is in the service of Pakistan commits a murder in London. He can be tried and convicted of murder at any place in Pakistan in which he may be found.
(d) D, a British subject living in Junagadh, instigates E to commit a murder in Lahore. D is guilty of abetting murder.
5. Certain laws not to be affected by this Act.
Nothing in this Act is intended to repeal, vary, suspend or affect any of the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the State or of any special or local law.

 

Chapter 2

General Explanations 

6. Definitions in the code to be understood subject to exceptions.
Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled “General Exceptions,” though those exceptions are not repeated in such definition, penal provision or illustration.

Illustrations
(a) The sections in this Code, which contains definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.
(b) A, a police officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and, therefore, the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it.”
7. Sense of expression once explained.
Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.
8. Gender.
The pronoun “he” and its derivatives are used of any person, whether male or female.
9. Number.
Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
10. “Man”, “Woman”.
The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.
11. “Person”.
The word “person” includes any Company or Association, or body of persons, whether incorporated or not.
12. “Public”.
The word “public” includes any class of the public or any community.
14. “Servant of the State”.
The words “servant of the State” denote all officers or servants continued, appointed or employed in Pakistan, by or under the authority of the Federal Government or any Provincial Government.
17. “Government”
The word “Government” denotes the person or persons authorized by law to administer executive Government in Pakistan, or in any part thereof.
19. “Judge”.
The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person–

who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or
who is one of a body of persons, which body of persons is empowered by law to give such Judgment.
Illustrations

 

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge.
20. “Court of Justice”.
The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.
21. “Public servant”.
The words “public servant” denotes a person falling under any of the descriptions herein after following, namely:-  15[] 15

Second: Every Commissioned Officer in the Military, Naval or Air Forces of Pakistan while serving under the Federal Government or any Provincial Government;
Third: Every Judge;
Fourth: Every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court; and every person specially authorized by a Court of Justice to perform any of such duties;
Fifth: Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;
Sixth: Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;
Seventh: Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
Eighth: Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth: Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, or any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government, and every officer in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty;
Tenth: Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
Eleventh: Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an elections.
Illustration

A Municipal Commissioner is a public servant.

Explanation 1: Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2: Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Explanation 3: The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.

 

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