OFFENCES AFFECTING THE HUMAN BODY

Offences Affecting Life

300. Qatl-e-Amd: Whoever, with the intention of causing death or with the
intention of causing bodily injury to a person, by doing an act which in the
ordinary course of nature is likely to cause death, or with-the knowledge that his
act is so imminently dangerous that it must in all probability cause death, causes
the death of such person, is said to commit qatl-e-amd.

301. Causing death of person other than the person whose death was
intended:
Where a person, by doing anything which he intends or knows to be likely to
cause death, causes death of any person whose death he neither intends nor
knows himself to be likely to cause, such an act committed by the offender shall
be liable for qatl-i-amd.

302. Punishment of qatl-i-amd: Whoever commits qatl-e-amd shall, subject to

the provisions of this Chapter be:
(a) Punished with death as qisas;
(b) punished with death for imprisonment for life as ta'zir having regard to the
facts and circumstances of the case, if the proof in either of the forms specified in
Section 304 is not available; or
(c) Punished with imprisonment of either description for a term which may extend
to twenty-five years, where according to the Injunctions of Islam the punishment
of qisas is tot applicable.

Criminal Force and Assault

350. Criminal force: Whoever intentionally uses force to any person, without
that person's consent, in order to the committing of any offence, or intending by
the use of such force to cause or knowing it to be likely that by the use of such
force he will cause injury, fear or annoyance to the person to whom the force is
used, is said to use criminal force to that other.

351. Assault: Whoever makes any gesture, or any preparation intending or

knowing it to be likely that such gesture or preparation will-cause any person

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present to apprehend that he who makes that gesture or preparation it about to
use .of criminal force to that person, is said to commit an assault.

355. Assault or criminal force with intent to dishonor person, otherwise

than on grave provocation: Whoever assaults or uses criminal force to any
person, intending thereby to dishonor that person, otherwise than on grave and
sudden provocation given by that person, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with
both.

356. Assault or criminal force in attempt to commit theft of property carried

by a person: Whoever assaults or uses criminal force to any person in
attempting to commit theft on any property which that person is then wearing or
carrying shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

Kidnapping, Abduction

359. Kidnapping: Kidnapping is of two kinds: Kidnapping from Pakistan and

Kidnapping from lawful guardianship.
360. Kidnapping from Pakistan, etc.: Whoever conveys any person beyond the
limits of Pakistan without the consent of that person, or of some person legally
authorised to consent on behalf of that person is said to kidnap that person from
Pakistan.

362. Abduction: Whoever by force compels, or by any deceitful means induces,

any person to go from any place, is said to abduct that person.
363. Punishment for kidnapping: Whoever kidnaps any person from Pakistan
or from lawful guardianship shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable
to fine.
364. Kidnapping or abducting in order to murder: Whoever kidnaps or
abducts any person in order that such person may be murdered or may be so
disposed of as to be put in danger of being murdered, shall be punished with
imprisonment for life or rigorous imprisonment for a term which may extend to ten
years and shall also be liable to fine.

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364-A. Kidnapping or abducting a person under the age of fourteen:
Whoever kidnaps or abducts any person under the i[age of fourteen] in order that
such person may be murdered or subjected to grievous hurt, or slavery, or to the
lust of any person or may be so disposed of as to be put in danger of being
murdered or subjected to grievous hurt, or slavery, or to the lust of any person
shall be punished with death or with imprisonment for life or with rigorous
imprisonment for a term which may extend to fourteen years and shall not be
less than seven years.
365. Kidnapping or abducting with intent secretly and wrongfully to confine
person:
Whoever kidnaps or abducts any person with intent to cause that person to be
secretly and wrongfully confined, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable
to fine.
365-A. Kidnapping or abducting for extorting property, valuable security,
etc.:
Whoever kidnaps or abducts any person for the purpose of extorting from the
person kidnapped or abducted, or from any person interested in the person
kidnapped or abducted any property, whether movable or immovable, or valuable
security, or to compel any person to comply with any other demand, whether in
cash or otherwise, for obtaining release of the person kidnapped or abducted,
shall be punished with death or imprisonment for life and shall also be liable to
forfeiture of property.

OFFENCES AGAINST PROPERTY

Theft

378. Theft: Whoever, intending to take dishonestly any movable 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.
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 human dwelling, or used for
the custody of property shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine,

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381. Theft by clerk or servant or 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.
381-A. Theft of a car or other motor vehicles: Whoever commits theft of a car
or any other motor vehicle, including motor-cycle, 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.
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, 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.

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 offence, 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 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 put in fear then and there to deliver
up the thing extorted.

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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.
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 to commit "dacoity".
392. Punishment for robbery: Whoever commits robbery shall be punished with
rigorous imprisonment for a term which shall not be less than three years nor
more than ten years, and shall also be liable to fine ; and, if the robbery be
committed on the highway the imprisonment may be extended to fourteen years.
395. Punishment for dacoity: Whoever commits dacoity shall be punished with
Imprisonment for life or with rigorous imprisonment for a term which shall not be
less than four years nor more than ten years and shall also be liable to fine.
396. Dacoity with murder: If any one of five or more persons, who are conjointly
committing dacoity, commits murder in so committing dacoity, every one of those
persons shall be punished with death, or 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.