Kinds of Theft u/art, 4 Hadood ordinance

There are two kinds of theft under it which are given below

1. Theft liable to Hadd u/art 5

2. Theft liable to Tazir u/s 378 PPC.

Theft Liable to Hadd U/S 5

Section 5 “whoever being an adult, surreptitiously commits, from any hirz, theft of property of

the value of nisab or more not being stolen, knowing that it is or is likely to be of the value of

the nisab or more, is subject to the provisions of this ordinance, said to commit theft liable to

Hadd”

Explanation NO1: in this section, stolen property doesn’t include property which has been

criminally misappropriated or in respect of which criminal breach of trust has been committed.

Explanation No 2: Surreptitiously means that the person committing the theft, commits such

theft believing that the victim of theft does not know of this action. For surreptitious removal of

property, it is necessary that, if it is day-time, which include one hour before sunrise and two
hours after sunset, surreptitious should continue till the completion of the offence, and if it is

night, surreptitious need not continue after commencement of the offence.

Essential Ingredient of the Offence

There are five ingredient of this offence which are:

1. An adult

2. Surreptitiously commits theft

3. From any hirz

4. Property valued equal or more than Nisab

5. Knowingly
Proof of theft liable to Hadd U/S sec. 7

The proof of theft liable to Hadd shall be in one of the following forms

1. By confession of accused, that he pleads guilty of the commission of theft liable to Hadd

2. By at least two Muslim adult male witnesses, about whom the court is satisfied.

Conditions

1) The witnesses of the offence of theft liable to Hadd, must be Muslim. But if the accused

is a non-Muslim, the eye witnesses may be non-Muslim.

2) At least two adult eye-witnesses to prove the theft liable to Hadd.

3) If the accused retracts from his confession, then Hadd shall not be applicable.

4) The requirement of Taizkiya-al-Shahood are that they must be truthful persons and

abstain from major sins.

Commission of theft liable to Hadd by more than one person. U/S.9

If the stolen property is divided equally amongst the accused persons and each of them gets a

share which amounts to or exceeds the nisab. Only then every one of them who entered the hirz,

would be liable to Hadd.

Punishment for theft liable to Hadd U/S.9

Whoever, commits theft liable to Hadd for the:

1st time: - amputation of his right hand from the joint of his wrist

2nd time: - Amputation of his left foot up to the ankle

3rd time: - He shall be punished with imprisonment for life.

Conditions

The hands and feet of the convict are not amputated unless Appellant Court confirms his crime.

He will undergo simple imprisonment until Hadd punishment is not confirmed.

1) A convict undergoing life imprisonment ender sub-section 3 can be released by Appellant

Court, if he sincerely repents of his crime.

2) Amputation of hands and feet shall be executed in the presence of authorized medical

officer.

3) If in the opinion of authorized medical officer, the sentence of amputation may cause the

death of convict, then the execution of Hadd shall be postponed.

Cases in which Hadd shall not be imposed. U/S. 10

Hadd sentence shall not be awarded in the following situations:

1) Relatives

2) Guests

3) Servant

4) Wild-grass

5) Share

6) Creditor

7) Severe-hunger

8) Surrender

Cases in which Hadd shall not be enforced. U/S. 11

Hadd shall not be enforced in the following cases:

1) Retracted confession

2) Resile of testimony by any witnesses

3) Withdrawal of allegation by victim

4) When left hand or thumb is either missing

THEFT LIABLE TO TAZIRR. U/S. 13

“Whoever commits theft which is not liable to Hadd, or for which proof as mentioned in the sec 17 is not
available, or for which Hadd may not be imposed, or enforced under the

ordinance, shall be liable to Tazir”

Punishment for theft liable to Tazir. U/S 14

Whoever commits theft liable to Tazir, shall be liable to punishment under the following provisions of
PPC:
U/S 379 Common punishment of theft out of dwelling house, 3 years, with fine, or with both U/S 380
Theft in any building, tent, vessel or dwelling house, 7years or, with fine.

Closing Remarks

Hence, as a final description or closing remarks, the crime of theft is the most serious crime against the
society. When theft is committed U/S 5 and is proved U/S 7, such theft shall be liable to Hadd and be
punished U/S 9 of Hadood ordinance. Where the conditions mentioned U/S 7 are not proved, theft shall
be liable to Tazir U/S 13, 14.