Pakistan Penal Code

Pakistan Penal Code
Created 1947
Author(s) Lord Macaulay

The Pakistan Penal Code usually called PPC (Urdu: مجموعہ تعزیرات پاکستان, Majmū'ah-yi ta'zīrāt-i Pākistān) is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as the Indian Penal Code. After the independence in 1947, Pakistan inherited the same code and subsequently after several amendments by different governments, in it Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Senate of Pakistan.[1]

History

The draft of the (British) Indian Penal Code was prepared by the First Law Commission and it was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and puisne Judges of the Calcutta Supreme Court who were members of the Legislative Council, and was passed into law in 1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law.

Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example, even cyber crimes can be punished under the code.

Jurisdiction

Section 1. Title and extent of operation of the Code. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan.

The provisions of this Code apply also to any offence committed by:-

Explanation: In this section the word "offence" includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code. Extension of Code to extraterritorial offences.

Punishments

The punishments to which offenders are liable under the provisions of this Code are:

  1. Rigorous (i.e., with hard labour);
  2. Simple;

First five punishments are added by amendments and are considered Islamic Punishments, and very few are sentenced to these punishments so far. Anyone who is sentenced to first five punishments can appeal to Federal Shariat court.

Important sections which are commonly used in daily prosecution

See also

External links

  1. http://www.senate.gov.pk/Legis%20Br/bill/Private%20Bills/penal.pdf
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