Pakistan Penal Code-II Notes by Muhammad Rashid
GENERAL EXCEPTIONS
Section 76: Act done by a person bound, or by mistake of fact believing himself
bound, by law
An action is not a crime if done by someone who genuinely believes due to a factual
misunderstanding that they are legally required to do it.
Section 77: Act of Judge when acting judicially
A judge cannot be held criminally responsible for actions taken in good faith while
officially performing their duties.
Section 78: Act done pursuant to the judgment or order of Court
Anything done while accurately following and carrying out a legal court order is not
considered a crime.
Section 79: Act done by a person justified, or by mistake of fact believing himself
justified, by law
It is not an offence if a person does something they honestly believe they are legally
allowed to do because of a misunderstanding of facts.
Section 80: Accident in doing a lawful act
Unintentionally causing harm while safely and carefully doing a completely legal
activity is not a crime.
Section 81: Act likely to cause harm, but done without criminal intent, and to
prevent other harm
Causing minor harm to prevent a much larger disaster or injury to others is excused
if done without any bad intentions.
Section 82: Act of a child under ten years of age
No action is considered a crime if it is committed by a child who is under ten years
old.
Section 83: Act of a child above ten and under fourteen of immature understanding
An action by a child between ten and fourteen years old is not a crime if they do not
yet have the maturity to understand right from wrong.
Section 84: Act of a person of unsound mind
A person cannot be found guilty if a mental illness or insanity prevents them from
understanding that their action is wrong or illegal.
Section 85: Act of a person incapable of judgment by reason of intoxication caused
against his will
Actions done while drunk or drugged are not crimes if the intoxicating substance was
forced upon the person or given without their knowledge.
Section 86: Offence requiring a particular intent or knowledge committed by one
who is intoxicated
If a person gets drunk willingly and commits a crime, the law treats them as if they
had the same knowledge of their actions as a sober person.
Section 87: Act not intended and not known to be likely to cause death or grievous
hurt, done by consent
Accidental harm caused during a mutually agreed activity, like a friendly sports
match, is not an offence as long as there was no intent to cause severe injury.
Section 88: Act not intended to cause death, done by consent in good faith for
person's benefit
A risky procedure done for someone's benefit with their permission, such as an
emergency surgery, is not a crime even if it accidentally causes harm.
Section 89: Act done in good faith for benefit of child or insane person, by or by
consent of guardian
Guardians can allow actions meant to safely help a child or mentally ill person, and
any unintentional harm caused during this help is not a crime.
Section 90: Consent known to be given under fear or misconception
Consent is completely invalid if the person agreed only out of fear of injury,
misunderstanding of facts, or because they are mentally unfit.
Section 91: Exclusion of acts which are offences independently of harm caused
Giving consent does not excuse an action if that action is already a separate,
independent crime against the law.
Section 92: Act done in good faith for benefit of a person without consent
Helping someone in a sudden emergency when they cannot physically give
permission, like performing CPR on an unconscious person, is not a crime if
accidental harm happens.
Section 93: Communication made in good faith
Delivering true but bad news with good intentions is not a crime, even if the
shocking news causes physical or mental harm to the listener.
Section 94: Act to which a person is compelled by threats
Committing a crime is generally excused if the person was forced to do it under an
immediate, unavoidable threat of death, except for the crimes of murder or treason.
Section 95: Act causing slight harm
The law ignores very minor or trivial everyday harms that a normal, reasonable
person would not even bother to complain about.
THE RIGHT OF PRIVATE DEFENCE
Section 96: Things done in private defence
An action is not considered a crime if it is done legally to protect yourself or your
property from harm.
Section 97: Right of private defence of the body and of property
Every person has the legal right to defend their own or someone else's physical body
and property against criminal acts.
Section 98: Right of private defence against the act of a person of unsound mind,
etc.
You are fully allowed to defend yourself against an attacker even if that attacker is
legally insane, a child, or intoxicated.
Section 99: Acts against which there is no right of private defence
You cannot claim self-defence against public officials doing their lawful duty, if you
have time to call the police, or if you cause much more harm than is necessary to
protect yourself.
Section 100: When the right of private defence of the body extends to causing
death
You can legally use deadly force if an attacker makes you genuinely fear they will kill
you, cause severe physical injury, or commit extreme crimes like kidnapping or rape.
Section 101: When such right extends to causing any harm other than death
If a physical attack is not life-threatening or extremely severe, you can use force to
defend yourself but you cannot intentionally kill the attacker.
Section 102: Commencement and continuance of the right of private defence of
the body
The right to physically defend yourself begins the very moment a danger is clear and
it ends as soon as that danger is gone.
Section 103: When the right of private defence of property extends to causing
death
You are permitted to use lethal force to protect property only during severe crimes
like armed robbery, nighttime house-breaking, or arson.
Section 104: When such right extends to causing any harm other than death
For less serious crimes against your property like simple theft or trespassing, you can
forcefully stop the criminal but you are not allowed to kill them.
Section 105: Commencement and continuance of the right of private defence of
property
Your right to forcefully defend your property lasts only until the criminal escapes, the
authorities arrive to help, or you get your property back safely.
Section 106: Right of private defence against deadly assault when there is risk of
harm to innocent person
If you are under a deadly attack, you are allowed to take action to save your own life
even if your self-defence carries a risk of accidentally hurting an innocent bystander.
OFFENSES AFFECTING THE HUMAN BODY (SECTION 300-350)
Section 300: Qatl-i-Amd
This section defines intentional murder where a person causes death with the
specific intention of killing or causing bodily injury.
Punishment: Death, imprisonment for life, or imprisonment up to 25 years as Tazir.
Section 301: Causing death of person other than the person whose death
was intended
If a person intends to kill one person but accidentally kills another, it is still treated as
intentional murder.
Punishment: Same as Qatl-i-Amd (Death or life imprisonment).
Section 302: Punishment of Qatl-i-Amd
This section prescribes the actual penalties for intentional murder based on the
evidence and circumstances.
Punishment: Death as Qisas, death as Tazir, or life imprisonment.
Section 303: Qatl committed under Ikrah-i-Tamm or Ikrah-i-Naqis
This deals with murders committed under duress or threats to the life or safety of
the person forced to kill.
Punishment: The person who forces another to kill is punished with death or life
imprisonment, while the killer may face up to 25 years in prison.
Section 304: Proof of Qatl-i-Amd liable to Qisas
This section sets the high standard of evidence required to apply the death penalty
as Retribution (Qisas).
Punishment: If evidence meets the Islamic standard (Tazkiyah-al-Shuhood), Qisas is
applied; otherwise, Tazir applies.
Section 305: Wali
This identifies the legal heirs of the victim who have the right to claim Qisas or
forgive the offender. The Government shall be wali, if there is no legal heir.
Section 306: Qatl-i-Amd not liable to Qisas
This lists situations where the death penalty as Retribution cannot be carried out,
such as when the killer is a minor or a direct ancestor of the victim.
Punishment: The offender is not executed under Qisas but faces Tazir punishments.
Section 307: Cases in which Qisas for Qatl-i-Amd shall not be enforced
This explains when the death penalty cannot be executed, such as if the killer dies or
a legal heir forgives them.
Punishment: The offender may still be punished with Tazir (imprisonment).Section
308: Punishment in Qatl-i-Amd not liable to Qisas
This section provides the penalty for intentional murder when Qisas (retribution)
cannot be legally applied.
Punishment: Payment of Diyat (blood money) and potential imprisonment up to 25
years.
Section 309: Waiver-Afw of Qisas in Qatl-i-Amd
An adult, sane legal heir (Wali) has the right to forgive the murderer in the name of
Allah without taking money.
Punishment: If waived, Qisas is not executed, but the court may still give Tazir
imprisonment.
Section 310: Compounding of Qisas (Sulh)
The legal heirs may agree to settle the case by accepting money (Diyat) or other
property (movable or immovable) as compensation. A female shall not be given in
marriage or otherwise in Sulh.
Section 310A: Punishment for giving a female in marriage or otherwise in
Badla-i-Sulh
This prohibits the illegal custom of giving a woman in marriage as a way to settle a
murder dispute (Vani/Swara).
Punishment: Imprisonment for 3 to 10 years and a fine of 500,000 rupees.
Section 311: Ta'zir after waiver or compounding of right of qisas in qatl-i-
amd
If the family forgives a murderer but the crime was very brutal or committed in the
name of honor, the state can still punish the offender.
Punishment: Imprisonment for 14 years, or life imprisonment if it was an honor
killing.
Section 312: Qatl-i-Amd after waiver or compounding of qisas
This section applies when a victim's heir kills the original murderer after the case was
already legally forgiven or settled for money. Punishment: The heir faces death as
Qisas if they knew about the settlement, or must pay Diyat if they were unaware of
the settlement.
Section 313: Right of Qisas in Qatl-i-Amd
This clarifies that the right to seek retribution belongs to the adult and sane legal
heirs of the victim. The Government shall be wali, if there is no legal [Link]
314: Execution of Qisas in Qatl-i-Amd
Qisas (the death penalty) must be carried out by a government official in the
presence of the victim's heirs. If a woman is sentenced to death as Qisas (retribution)
for murder and is found to be pregnant, the execution must be delayed until after
the birth of the child and the completion of the weaning period (2 years after child
birth).
Section 315: Qatl Shibh-i-Amd
This is when a person intends to cause harm or hurt but accidentally causes death
using a method or weapon not likely to kill.
Punishment: Payment of Diyat (blood money) and imprisonment up to 25 years.
Section 316: Punishment for Qatl Shibh-i-Amd
This specific section sets the penalty for the act of Shibh-i-Amd defined above.
Punishment: Diyat and imprisonment for up to 25 years.
Section 317: Person committing Qatl-i-Amd etc. excluded from
inheritance
Any person who kills another is legally barred from inheriting any property or assets
from the person they killed.
Punishment: Loss of inheritance rights.
Section 318: Qatl-i-Khata
This is accidental killing where there was no intention to kill or even harm the person
(e.g., a hunting accident).
Punishment: Payment of Diyat.
Section 319: Punishment for Qatl-i-Khata
This outlines the penalties for the accidental killing defined in Section 318.
Punishment: Diyat, and if the act was very negligent, up to 5 years in prison.
Section 320: Punishment for Qatl-i-Khata by rash or negligent driving
This covers deaths caused by speeding or careless driving without the intent to kill.
Punishment: Diyat and imprisonment for up to 10 years.
Section 321: Qatl-bis-Sabab
This is death caused by an illegal act that indirectly results in someone's death (e.g.,
digging an illegal hole that someone falls into).
Punishment: Payment of [Link] 322: Punishment for Qatl-bis-Sabab
This section confirms the penalty for the indirect causing of death mentioned above.
Punishment: Diyat (blood money).
Section 323: Value of Diyat
The government sets the minimum value of Diyat every year based on the price of
30,630 grams of silver.
Section 324: Attempt to commit Qatl-i-Amd
This applies when someone tries to kill another person but the victim survives the
attack.
Punishment: Imprisonment for 10 to 25 years and a fine.
Section 325: Attempt to commit suicide
This section deals with the act of trying to take one's own life.
Punishment: Imprisonment for up to 1 year or a fine, or both.
Section 326: Thug
A Thug is defined as someone who habitually joins others to commit robbery or
child-stealing along with murder.
Punishment: Imprisonment for life and a fine.
Section 327: Punishment
This section specifies the penalty for anyone found to be a "Thug" as defined in the
previous section.
Punishment: Life imprisonment.
Section 328: Exposure and abandonment of child under twelve years
This is for parents or guardians who leave a child under 12 in a dangerous place with
the intent to abandon them.
Punishment: Imprisonment for up to 7 years or a fine, or both.
Section 328A: Cruelty to a child
This section protects children from being physically or mentally mistreated,
neglected, or abandoned by those responsible for them.
Punishment: Imprisonment for 1 to 3 years and a fine of 25,000 to 50,000 rupees.
Section 329: Concealment of birth by secret disposal of dead body
This section applies to anyone who secretly buries or disposes of a dead child's body
to hide the fact that the child was born. Punishment: Imprisonment for up to 2 years
or a fine, or both.
Section 330: Disbursement of diyat
This section explains that the blood money (Diyat) must be distributed among the
victim's legal heirs according to their shares in inheritance. Punishment: This is a
procedural rule; however, if an heir forgives their share, that specific amount is not
collected from the offender.
Section 331: Payment of diyat
This section states that Diyat can be paid all at once or in installments over a period
of five years from the date of the final judgment. Punishment: If the offender fails to
pay, they are kept in jail (simple imprisonment) until the full amount is paid or until
they provide a guarantee (surety).
Section 332: Hurt
This section provides the general definition of hurt as causing pain,
harm, disease, or injury to any person without causing death.
Section 333: Itlaf-i-udw
This is defined as the act of cutting off, removing, or separating any limb or organ
from a person's body.
Section 334: Punishment for Itlaf-i-udw
This section outlines the specific penalties for the act of removing or cutting a body
part as defined in Section 333.
Punishment: Qisas, or if Qisas is not possible, Arsh and imprisonment for up to 10
years.
Section 335: Itlaf-i-salahiyyat-i-udw
This refers to destroying or permanently damaging the function or capacity of a body
organ without removing it.
Section 336: Punishment for Itlaf-i-salahiyyat-i-udw
This provides the specific penalties for permanently damaging the function of an
organ or causing permanent disfigurement.
Punishment: Qisas, or if Qisas is not possible, Arsh and imprisonment for up to 10
years.
Section 336A: Hurt caused by corrosive substance
This section defines the crime of intentionally causing hurt using acid, chemicals, or
any substance that burns or destroys the skin.
Punishment: This defines the act; the punishment is listed in the next section (336B).
Section 336B: Punishment for hurt by corrosive substance
This provides the specific and severe penalty for acid attacks or using corrosive
chemicals to harm a [Link]: Imprisonment for life or at least 14 years,
and a minimum fine of one million rupees.
Section 337: Shajjah
This section defines Shajjah as any hurt caused specifically to the head or face of a
person.
Section 337A: Punishment of Shajjah
This section lists the penalties for the six types of head/face injuries:
Shajjah-i-Khafifah (i): Hurt where no bone is exposed. Punishment: Daman and up
to 2 years prison.
Shajjah-i-Mudihah (ii): Bone is exposed but not fractured. Punishment: Qisas or
Arsh (5% Diyat) and up to 5 years prison.
Shajjah-i-Hashimah (iii): Bone is fractured but not dislocated. Punishment: Arsh
(10% Diyat) and up to 10 years prison.
Shajjah-i-Munaqqilah (iv): Bone is fractured and dislocated. Punishment: Arsh (15%
Diyat) and up to 10 years prison.
Shajjah-i-Ammah (v): Fracture touches the brain membrane. Punishment: Arsh (1/3
Diyat) and up to 10 years prison.
Shajjah-i-Damighah (vi): Fracture ruptures the brain membrane. Punishment: Arsh
(1/2 Diyat) and up to 14 years prison.
Section 337B: Jurh
This defines Jurh as any hurt caused to any part of the body other than the head or
face.
Section 337C: Jaifah
This is a wound that enters a body cavity like the chest, abdomen, or trunk.
Section 337D: Punishment for Jaifah
This specifies the penalty for the deep body cavity wounds defined above.
Punishment: Arsh (1/3 Diyat) and imprisonment up to 10 years.
Section 337E: Ghayr-Jaifah
This covers wounds to the body that do not enter a body cavity.
Section 337F: Punishment for Ghayr-Jaifah
Damiyah: Skin ruptured and bleeding. Punishment: Daman and up to 1 year prison.
Badiyah: Flesh cut but bone not exposed. Punishment: Daman and up to 3 years
[Link]: Deep laceration of the flesh. Punishment: Daman and up to 3
years
prison.
Mudihah: Flesh cut so bone is exposed. Punishment: Daman and up to 5 years
prison.
Hashimah: Bone fractured but not dislocated. Punishment: Daman and up to 7 years
prison.
Munaqqilah: Bone fractured and dislocated. Punishment: Daman and up to 7 years
prison.
Section 337G: Punishment for hurt by rash or negligent driving
Covers injuries caused by careless driving without the intent to cause harm.
Punishment: Arsh or Daman, and up to 5 years prison.
Section 337H: Punishment for hurt by rash or negligent act
Covers injuries caused by any careless act (other than driving) that endangers safety.
Punishment: Daman and up to 3 years prison (if grievous) or 1 year (if simple).
Section 337I: Punishment for hurt by mistake (Khata)
Covers injuries caused accidentally where there was no intent to harm.
Punishment: Arsh or Daman.
Section 337J: Punishment for hurt by poison
Covers hurt caused by giving someone poison or drugs to commit a crime.
Punishment: Arsh or Daman, and up to 10 years prison.
Section 337K: Punishment for hurt to extort confession
Covers hurting a person to force a confession or information out of them.
Punishment: Qisas or Arsh/Daman, and up to 10 years prison.
Section 337L: Punishment for other hurt
Covers any other hurt that does not fit the specific categories but causes pain for 20+
days.
Punishment: Daman and up to 7 years prison.
Section 337M: When Qisas for hurt shall not be enforced
Lists situations where the "eye for an eye" penalty cannot be done, such as if the
offender is a child or the victim dies.
Punishment: The offender is punished with Arsh or Tazir (prison) [Link]
337N: Cases in which Qisas for hurt shall not be executed
Explains when the death penalty or physical retribution is stopped, like if the victim
forgives the attacker.
Punishment: Court may still give Tazir (prison) even if forgiven.
Section 337O: Wali in case of hurt
Identifies the victim or their heirs as the ones who have the right to seek Qisas or
Arsh.
Section 337P: Execution of Qisas for hurt
States that physical retribution must be done in the presence of a doctor to ensure
equality.
Section 337Q: Arsh for single organs
Specifies that losing a single organ (like a nose or tongue) requires full Diyat payment.
Punishment: Arsh equal to full Diyat.
Section 337R: Arsh for organs in pairs
Specifies that losing one of a pair (like one eye or one ear) costs half Diyat, while
both cost full.
Punishment: 1/2 Diyat for one, full Diyat for both.
Section 337S: Arsh for organs in quadruplicate
Covers organs that come in fours (like eyelashes).
Punishment: 1/4 Diyat for each, full Diyat for all four.
Section 337T: Arsh for fingers or toes
Specifies the compensation for losing digits on the hands or feet.
Punishment: 1/10 Diyat for each finger or toe.
Section 337U: Arsh for teeth
Specifies the compensation for losing or breaking teeth.
Punishment: 1/20 Diyat for each tooth.
Section 337V: Arsh for hair
Covers compensation for the permanent loss of hair on the head or beard.
Punishment: Arsh equal to full Diyat.
Section 337W: Merging of Arsh
Explains that if one act causes multiple injuries, the largest Arsh usually covers the
others unless they are distinct.
Section 337X: Payment of Arsh
States that Arsh is paid to the victim or their heirs and can be paid in installments
over 5 years.
Punishment: Failure to pay leads to prison until the amount is cleared.
Section 337Y: Value of Daman
Daman is compensation determined by the court to cover medical costs and pain
when Arsh is not fixed.
Punishment: Amount decided by the court.
Section 337Z: Payment of Daman
Daman must be paid within the time frame set by the court.
Punishment: Offender stays in prison until Daman is paid.
Section 338: Isqat-i-Haml
This defines causing a woman with child to miscarry, when the child's organs have
not yet been formed, provided it is not done in good faith to save the mother's life.
Punishment: Imprisonment for 3 to 10 years depending on whether the woman's
consent was taken.
Section 338A: Punishment for Isqat-i-Haml
This specifies the penalty for the act of causing a miscarriage before the limbs or
organs of the fetus are formed.
Punishment: Up to 3 years prison if the woman consented, and up to 10 years if she
did not.
Section 338B: Isqat-i-Janin
This refers to causing a woman to miscarry when the child's limbs or organs have
already been formed in the womb.
Section 338C: Punishment for Isqat-i-Janin
This section sets the penalties for terminating a pregnancy where the fetus is already
partially developed.
Punishment: If the child is born dead, the offender pays 1/20th of Diyat; if the child
is born alive and then dies, full Diyat; and up to 7 years prison.
Section 338-D: Confirmation of sentence of death
This section states that any death sentence passed by a lower court for murder
(Qatl-i-Amd) must be confirmed by the High Court before it can be carried out.
Punishment: The execution is stayed (paused) until the High Court reviews and
agrees with the trial court's decision.
Section 338-E: Waiver or compounding of offences
This law allows for all crimes involving "Hurt" (injuries) to be forgiven (Waiver) or
settled for money (Compounding) by the victim or their heirs. Punishment: If the
victim forgives the attacker, the legal punishment (Qisas/Arsh) is dropped, though
the court may still give a prison sentence as Tazir.
Section 338-F: Interpretation
This section directs the courts to look at the Injunctions of Islam (Quran and Sunnah)
for guidance whenever there is a confusion or lack of clarity in these specific laws.
RAPE
Section 375: Rape
Rape includes following actions:
(a): Penetration of any part of the body The law states that a man commits rape if
he penetrates any part of the body of a woman with his penis, regardless of how slight
the penetration is.
(b): Insertion of objects or other body parts It is considered rape if a man inserts
any object or any part of his own body (other than the penis) into the vagina, urethra,
or anus of a woman.
(c): Manipulation of body parts Rape is committed if a man manipulates any part of
a woman's body to cause penetration into the vagina, urethra, or anus of that woman
or any other person.
(d): Oral penetration The law includes the act of a man applying his mouth to the
vagina, anus, or urethra of a woman, or making the woman do the same to him or
another person.
A man is said to commit rape if he has sexual intercourse with a woman under any of
the following five circumstances:
Against her will
Without her consent
With consent obtained through fear
With consent based on deception
With or without consent (Age factor): When the woman is under sixteen years of
age, her consent is legally irrelevant.
Explanation: The law clarifies that "penetration" is sufficient to
constitute the sexual intercourse necessary for the offense of rape.
Section 375A: Gang Rape
This section addresses cases where a woman is raped by one or more persons in a
group, or where a group acts together to facilitate the crime.
Punishment: Death or imprisonment for life.
Section 376: Punishment of Rape
This section outlines the penalties for the crime of rape, which vary depending on
the severity and circumstances.
Punishment: Death or imprisonment for a term between 10 to 25 years and a fine.
If the rape is committed by two or more persons acting in furtherance of a
common intention (Gang Rape), the punishment is death or life imprisonment.
In cases of "Zina-bil-Jabr" (rape) where the offender is a public servant (like a
police officer or jailer) taking advantage of their position, the punishment is
more severe.
Section 376A: Disclosure of identity of victim of rape
To protect the dignity and privacy of the survivor, this section makes it a crime to
reveal the victim's name or any information that could lead to their identification
except by the order of court or consent of victim or guardian.
Punishment: Imprisonment for up to 3 years and a fine.
UNNATURAL OFFENCES
Section 377: Unnatural Offences
This section criminalizes carnal intercourse against the order of nature with any man,
woman, or animal. Punishment: Imprisonment for life, or imprisonment for a term
between 2 to 10 years, and a fine.
Note: Penetration is sufficient to constitute the offense as per the
legal explanation.
Section 377A: Sexual Abuse
This section defines sexual abuse specifically, often focusing on the protection of
children or those in a position of dependency, covering acts of a sexual nature that
do not necessarily fall under the definition of rape or unnatural offences but are still
abusive.
Section 377B: Punishment for Sexual Abuse
Imprisonment for a term between 14 to 20 years and a fine of up to one million
rupees.
CRIMINAL TRESPASS
Section 441: Criminal trespass
Entering someone else's property illegally with the intention to commit a crime, or to
intimidate, insult, or annoy the person living there.
Section 442: House-trespass
Committing criminal trespass by entering or staying inside a building, tent, or vessel
used as a human dwelling, a place of worship, or for storing property.
Section 443: Lurking house-trespass
Committing house-trespass while actively hiding your presence from someone who
has the legal right to remove you from the property.
Section 444: Lurking house-trespass by night
Committing the crime of secretly hiding your presence during a house-trespass
specifically between sunset and sunrise.
Section 445: House-breaking
Entering or leaving a house forcefully through unauthorized, created, or secured
passages like breaking locks, scaling walls, or using criminal force.
Section 446: House-breaking by night
Committing the forceful act of house-breaking specifically after sunset and before
sunrise.
Section 447: Punishment for criminal trespass
Anyone found guilty of basic criminal trespass will be punished with a short prison
sentence of up to three months, a fine, or both.
Section 448: Punishment for house-trespass
Anyone who commits house-trespass will face a prison sentence extending up to one
year, a fine, or both.
Section 449: House-trespass in order to commit offence punishable with death
Trespassing into a house with the clear intention to commit a highly severe crime
that carries the death penalty is punished with life imprisonment or up to ten years
in jail.
Section 450: House-trespass in order to commit offence punishable with
imprisonment for life
Trespassing into a house to commit a serious crime that carries a life sentence is
punishable by up to ten years in prison and a fine.
Section 451: House-trespass in order to commit offence punishable with
imprisonment
Trespassing into a house to commit any general jail-punishable crime carries up to
two years in prison, which increases to seven years if the intended crime is theft.
Section 452: House-trespass after preparation for hurt, assault or wrongful
restraint
Trespassing into a house after coming fully prepared to physically harm, assault, or
illegally trap someone is punished with up to seven years in prison.
Section 453: Punishment for lurking house-trespass or house-breaking
Anyone guilty of secretly trespassing or forcibly breaking into a house faces up to
two years in prison along with a fine.
Section 454: Lurking house-trespass or house-breaking in order to commit offence
punishable with imprisonment
Secretly trespassing or breaking into a house to commit a crime carries up to three
years in prison, which extends to ten years if the intention is theft.
Section 455: Lurking house-trespass or house-breaking after preparation for hurt,
assault or wrongful restraint
Breaking into or secretly trespassing in a house while armed or prepared to assault
someone carries a heavy punishment of up to ten years in prison.
Section 456: Punishment for lurking house-trespass or house-breaking by night
Committing secret house-trespass or house-breaking during the nighttime is
punishable by up to three years in prison and a fine.
Section 457: Lurking house-trespass or house-breaking by night in order to commit
offence punishable with imprisonment
Night time secret trespassing or breaking in to commit a crime carries up to five
years in prison, which increases to fourteen years if the intended crime is theft.
Section 458: Lurking house-trespass or house-breaking by night after preparation
for hurt, assault, or wrongful restraint
Breaking in or secretly trespassing at night while fully prepared to hurt or assault
anyone is punished strictly with up to fourteen years in prison.
Section 459: Grievous hurt caused whilst committing lurking house trespass or
house-breaking
If anyone causes severe physical injury or attempts to cause death while secretly
trespassing or breaking into a house, they face up to life in prison.
Section 460: All persons jointly concerned in lurking house-trespass or house-
breaking by night punishable where death or grievous hurt caused by one of them
If a group breaks into a house at night and one member causes death or severe
injury, every person in that group can be punished with up to life in prison.
Section 461: Dishonestly breaking open receptacle containing property
Illegally and intentionally breaking open any closed container, safe, or box to access
the property inside is punishable by up to two years in prison.
Section 462: Punishment for same offence when committed by person entrusted
with custody
If someone who was officially trusted with the safe custody of a closed container
illegally breaks it open, they face a stricter penalty of up to three years in prison.
OFFENCES RELATING TO MARRIAGE
Section 493A: Cohabitation caused by a man deceitfully inducing a belief of lawful
marriage
It is a crime for a man to trick a woman into a physical relationship by falsely making
her believe they are legally married, which is punishable by rigorous imprisonment
for up to twenty-five years and a fine.
Section 494: Marrying again during life-time of husband or wife
It is illegal for a person to marry someone new while their current spouse is still alive,
and doing so is punishable by imprisonment for up to seven years and a fine.
Section 495: Same offence with concealment of former marriage from person with
whom subsequent marriage is contracted
The crime of marrying again carries a harsher penalty if the person intentionally
hides their existing marriage from their new partner, resulting in imprisonment for
up to ten years and a fine.
Section 496: Marriage ceremony fraudulently gone through without lawful
marriage
It is an offence to dishonestly perform or participate in a fake marriage ceremony
knowing it does not create a real legal marriage, which carries a punishment of up to
seven years in prison and a fine.
Section 496A: Enticing or taking away or detaining with criminal intent a woman
Kidnapping, luring away, or holding a woman captive to force her into illegal physical
relations or an unwanted marriage is a severe crime punishable by up to seven years
in prison and a fine.
Section 496B: Fornication (Only complaint not FIR)
It is a criminal offence for a man and a woman who are not married to each other to
willfully engage in a physical sexual relationship, which is punishable by up to five
years in prison and a fine of up to ten thousand rupees.
Section 496C: Punishment for false accusation of fornication
Intentionally making a fake or baseless accusation of fornication against someone
else is a strict crime punishable by imprisonment for up to five years and a fine.
Section 498A: Prohibition of depriving woman from inheriting property
It is a criminal offence, punishable by five to ten years in prison or a fine of one
million rupees or both, to use deceit or illegal means to prevent a woman from
receiving her lawful share of inherited property.
Section 498B: Prohibition of forced marriage
It is a punishable crime, carrying a prison sentence of three to ten years and a fine of
five hundred thousand rupees, to coerce or physically force a woman into a marriage
against her own free will.
Section 498C: Prohibition of marriage with the Holy Quran
It is strictly illegal, punishable by three to seven years in prison and a fine of five
hundred thousand rupees, to compel or arrange for a woman to be symbolically
married to the Holy Quran.
DEFAMATION
Section 499: Defamation
A person commits the crime of defamation if he makes or publishes any imputation
about another person using spoken words, written words, signs, or visible
representations, with the clear intention, knowledge, or reasonable belief that the
statement will harm that person's reputation.
Explanations to the Definition:
Explanation 1: It is considered defamation to make harmful claims about a deceased
person if those claims would have damaged their reputation while alive and are
intentionally meant to hurt the feelings of their family or close relatives.
Explanation 2: Defamation can be committed against a company, an association, or
a collective group of people, not just individuals.
Explanation 3: A statement can still be considered defamatory even if it is expressed
indirectly, such as through irony or by suggesting it as an alternative possibility.
Explanation 4: A claim is only legally considered to harm a reputation if it directly or
indirectly lowers the person's moral or intellectual character, diminishes his standing,
profession or social caste, damages his credit, or causes others to believe their body
is in a loathsome or disgraceful state.
Ten Exceptions (Situations where a statement is legally not defamation):
1. Sharing a completely true statement that is necessary for the public good.
2. Expressing a good-faith opinion about a public servant's official conduct.
3. Giving a good-faith opinion on someone's behavior regarding a matter of public
interest.
4. Publishing an accurate and true report of court proceedings.
5. Offering a good-faith opinion on a decided court case or the behavior of its
witnesses.
6. Providing a good-faith critique of a public performance or published work.
7. Issuing a good-faith reprimand by someone who has lawful authority over the
person.
8. Making a good-faith complaint or accusation to a lawful authority figure.
9. Making a good-faith statement necessary to protect your own or others'
interests.
10. Giving a good-faith warning to a person for their own benefit or the public good.
Section 500: Punishment for defamation
The offender shall be punished with simple imprisonment for a term which may
extend to two years, or with a fine, or with both.
The primary originator or initiator of the defamatory statement may face
imprisonment extending up to five years, or a fine of not less than one hundred
thousand rupees, or both.
Section 501: Printing or engraving matter known to be defamatory
It is a criminal offense to physically print or engrave any material while knowing, or
having a valid reason to believe, that the content is defamatory to someone.
Punishment: Anyone found guilty under this section shall be punished with simple
imprisonment for a term which may extend to two years, or with a fine, or with both.
Section 502: Sale of printed or engraved substance containing defamatory matter
It makes it a punishable crime to sell or offer for sale any printed or engraved
material while fully knowing that it contains defamatory content.
Punishment: The punishment for selling such material is simple imprisonment for a
term which may extend to two years, or with a fine, or with both.
Section 502A: Trial of offences
Any criminal offense related to defamation under this chapter must be tried
exclusively by a Court of Session rather than a lower magistrate.
THE CRIMINAL INTIMADATION, INSULT AND ANNOYANCE
Section 503: Criminal intimidation
It is a crime to threaten someone with injury to their person, reputation, or property
in order to cause them alarm or to force them to do something against their will.
Section 504: Intentional insult with intent to provoke breach of the peace
It is an offence punishable by up to two years in prison, a fine, or both, to
intentionally insult someone in order to provoke them into breaking the public peace
or committing a crime.
Section 505: Statements conducing to public mischief
Making, publishing, or spreading statements, rumors, or reports meant to cause
military mutiny, public panic, or violence between different groups is punishable by
up to seven years in prison and a fine.
Section 506: Punishment for criminal intimidation
The standard punishment for criminal intimidation is up to two years in prison, a fine,
or both, but if the threat involves death, severe injury, or arson, the penalty severely
increases to up to seven years in prison.
Section 507: Criminal intimidation by an anonymous communication
Sending a criminal threat while purposely hiding your true identity is a separate
offence that adds up to two additional years of imprisonment on top of the base
penalty for the intimidation itself.
Section 508: Act caused by inducing person to believe that he will be rendered an
object of the Divine displeasure
Forcing or tricking someone into doing something by falsely threatening them with
religious curses or divine punishment is a crime punishable by up to one year in
prison, a fine, or both.
Section 509: Word, gesture or act intended to insult the modesty of a woman
Saying words, making sounds, or using gestures meant to be heard or seen by a
woman in order to insult her modesty or invade her privacy is punishable by up to
three years in prison, a fine up to five hundred thousand rupees, or both.
Section 510: Misconduct in public by a drunken person
Appearing intoxicated in a public place and causing annoyance or a nuisance to
others is a minor offence punishable by a very short simple jail term of up to twenty-
four hours, a small fine, or both.
Section 511: Punishment for attempting to commit offences punishable with
imprisonment for life or for a shorter term
If a person tries to commit a punishable crime but fails or is stopped, and there is no
other specific law dictating the penalty for that attempt, he shall be punished with
up to half of the maximum imprisonment for that offence and , the fine, or both.