PPC Notes - 240508 - 042634

Section 339 of the Pakistan Penal Code (PPC) 1860, which
deals with “Wrongful Restraint”.
Essentials:
@ The act must be done voluntarily.
@ The act involves obstructing a person.
e@ The obstruction prevents the person from proceeding in

a direction they have a right to proceed.
@ The person doing the act does not have a lawful right to
obstruct the other person.
Illustration: Let's say Person A is walking down a public

sidewalk. Person B stands in front of Person A, blocking their
path and not allowing them to pass. In this case, Person B is
wrongfully restraining Person A because they are voluntarily
obstructing Person A‘s path on a public sidewalk, a direction
Person A has a right to proceed.
Exception: If a person obstructs a private way over land or

water and they believe in good faith that they have a lawful
right to do so, it is not considered an offence under this
section. For example, if Person B blocks a private path on
their own property, believing they have the right to do so, and
this prevents Person A from passing, it would not be
considered wrongful restraint under this section.
deals with “Wrongful Confinement’.
Essentials:
@ The act must involve wrongful restraint of a person.
@ The restraint is done in such a manner as to prevent the

person from proceeding beyond certain circumscribing
limits.
Illustration: Let’s say Person A is in a room and Person B

locks the door from the outside, preventing Person A from
leaving the room. In this case, Person B is wrongfully
confining Person A because they are preventing Person A
from proceeding beyond the limits of the room.
In essence, wrongful confinement is a more severe form of

wrongful restraint, where the person is not just obstructed
from moving in a particular direction, but is prevented from
moving beyond a certain area.

deals with “Criminal Trespass”.
Essentials:
@ The person enters into or upon property in the

possession of another.
@ The entry is done with the intent to commit an
offence or to intimidate, insult or annoy any person in
possession of such property.
e Alternatively, having lawfully entered into or upon such

property, the person unlawfully remains there with the
same intents.
Illustration: Let’s say Person A enters into Person B’s

property with the intent to commit theft. In this case, Person
A is committing criminal trespass because they are entering
another person's property with the intent to commit an
offence.
Or, if Person A, after being invited into Person B's property,

decides to stay there without Person B's permission with the
intent to annoy Person B, then Person A is also committing
criminal trespass.
Section 442 - House-trespass Essentials:
@ The person commits criminal trespass.
e@ The trespass involves entering into or remaining in any

building, tent, or vessel used as a human dwelling, a
place for worship, or a place for the custody of property.
Illustration: If Person A enters into Person B’s house without

permission, Person A is committing house-trespass.
Section 443 - Lurking house-trespass Essentials:
@ The person commits house-trespass.
e@ The trespass is committed with precautions taken to

conceal the trespass from someone who has the right
to exclude or eject the trespasser.
Illustration: If Person A enters Person B's house secretly and

hides there, Person A is committing lurking house-trespass.
Section 444 - Lurking house-trespass by night Essentials:
@ The person commits lurking house-trespass.
e@ The trespass is committed after sunset and before

sunrise.
Illustration: If Person A enters Person B’s house secretly and

hides there during the night, Person A is committing lurking
house-trespass by night.
Section 445 - House-breaking Essentials:
e@ The trespass involves entering or exiting the house in

any of six specific ways described in the section.
@ Entering or quitting through a passage made by himself,
or by any abettor of the house-trespass, in order to
commit the house-trespass.
Entering or quitting through any passage not intended

by any person, other than himself or an abettor of the
offence, for human entrance; or through any passage to
which he has obtained access by scaling or climbing
over any wall or building.
Entering or quitting through any passage which he or

any abettor of the house-trespass has opened, in order
to commit the house-trespass by any means by which
that passage was not intended by the occupier of the
house to be opened.
Entering or quitting by opening any lock in order to

commit the house-trespass, or in order to quit the house
after a house-trespass.
Effecting his entrance or departure by using criminal

force or committing an assault, or by threatening any
person with assault.
Entering or quitting any passage which he knows to

have been fastened against such entrance or departure,
and to have been fastened by himself or by an abettor
of the house-trespass.
Illustration: If Person A enters Person B’s house by breaking
a window, Person A is committing house-breaking.
Section 446 - House-breaking by night Essentials:
@ The person commits house-breaking.
@ The actis committed after sunset and before sunrise.
Illustration: If Person A breaks into Person B’s house during

the night, Person A is committing house-breaking by night.
Section 447 - Punishment for criminal trespass
@ Whoever commits criminal trespass shall be punished

with imprisonment of either description for a term
which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.
Section 448 - Punishment for house-trespass
@ Whoever commits house-trespass shall be punished

with imprisonment of either description for a term
which may extend to one year, or with fine which may
extend to one thousand rupees, or with both.
Section 449 - House-trespass in order to commit offence

punishable with death Essentials:
e@e The trespass is committed in order to commit any

offence punishable with death.
Punishment:
@ The person shall be punished with imprisonment for life,

or with rigorous imprisonment for a term not exceeding
ten years, and shall also be liable to fine.

punishable with imprisonment for life Essentials:
@ The trespass is committed in order to commit any

offence punishable with imprisonment for life.
Punishment:
@ The person shall be punished with imprisonment of

either description for a term not exceeding ten years,
and shall also be liable to fine.

punishable with imprisonment Essentials:
@ The trespass is committed in order to commit any

offence punishable with imprisonment.
Punishment:

either description for a term which may extend to two
years, and shall also be liable to fine.
e If the offence intended to be committed is theft, the

term of the imprisonment may be extended to seven
years.
Section 452 - House-trespass after preparation for hurt,

assault or wrongful restraint Essentials:
@ The trespass is committed having made preparation for

causing hurt to any person, or for assaulting any person,
or for wrongfully restraining any person, or for putting
any person in fear of hurt, or of assault, or of wrongful
restraint.
Punishment:

either description for a term which may extend to seven
Section 453: Punishment for lurking house-trespass or house-
breaking
e Essentials:
@ The act of committing lurking house-trespass or house-

breaking.
@ The act is punishable with imprisonment of either

description for a term which may extend to two years,
e Illustration: If Person A breaks into a house without the

owner's permission with the intention of hiding there,
Person A would be guilty under this section.
Section 454: Lurking house-trespass or house-breaking in

order to commit offence punishable with imprisonment
e Essentials:
@ The act of committing lurking house-trespass or house-

breaking, in order to commit any offence punishable
with imprisonment.

term of the imprisonment may be extended to ten years.

description for a term which may extend to three years,
e illustration: If Person A breaks into a house with the

intention of committing theft, Person A would be guilty
under this section.
Section 455: Lurking house-trespass or house-breaking after
preparation for hurt, assault or wrongful restraint
e Essentials:
@ The act of committing lurking house-trespass, or house-

breaking, having made preparation for causing hurt to
any person, or for assaulting any person, or for
wrongfully restraining any person, or for putting any
person in fear of hurt or of assault or of wrongful
restraint.

description for a term which may extend to ten years,
e illustration: If Person A breaks into a house with the

intention of causing harm to Person B, who is inside the
house, Person A would be guilty under this section.
Section 456: Punishment for lurking house-trespass or house-

breaking by night
e Essentials:
e@ The act of committing lurking house-trespass by night
or house-breaking by night.

description for a term which may extend to three years,
e illustration: If Person A breaks into a house without the

owner's permission during the night, Person A would be
guilty under this section.
Sure, let’s break down these sections of the Pakistan Penal

Code (PPC) 1860.
Section 456 - Lurking house-trespass or house-breaking by

night after preparation for hurt, assault or wrongful restraint
Essentials:
@ The person commits lurking house-trespass by night or

house-breaking by night.
@ The act is committed having made preparation for

causing hurt to any person, or for assaulting any person,
or for wrongfully restraining any person, or for putting
any person in fear of hurt, or of assault, or of wrongful
restraint.
Punishment:

either description for a term which may extend to
fourteen years, and shall also be liable to fine.

night in order to commit offence punishable with
imprisonment Essentials:
@ The person commits lurking house-trespass by night, or

house-breaking by night.
@ The act is committed in order to commit any offence

punishable with imprisonment.
Punishment:

either description for a term which may extend to five

term of the imprisonment may be extended to fourteen
years.

night after preparation for hurt, assault or wrongful restraint
This section is identical to Section 456.
Section 459 - Hurt caused whilst committing lurking house
trespass or house-breaking Essentials:
@ The person, whilst committing lurking house-trespass or

house-breaking, causes hurt to any person or attempts
to commit hurt to any person.
Punishment:
@ The person shall be punished with imprisonment for life,

or imprisonment of either description for a term which
may extend to ten years, and shall also be liable to the
same punishment for committing hurt as is specified in
Chapter XVI of this Code.
Section 460 - Persons jointly concerned in lurking house-

trespass or house-breaking by night punishable for hurt
caused by one of them Essentials:
e@ Atthe time of the committing of lurking house-trespass

by night or house-breaking by night, any person guilty of
such offence voluntarily causes or attempts to cause
hurt to any person.
@ Every person jointly concerned in committing such

lurking house-trespass by night or house-breaking by
night.
Punishment:
The person shall be punished with imprisonment for life
or with imprisonment of either description for a term
which may extend to ten years and shall also be liable to
the same punishment for causing hurt as is specified in
Chapter XVI of this Code.
359. Kidnapping
Essentials:
Kidnapping is of two kinds: Kidnapping from Pakistan

and kidnapping from lawful guardianship.
360. Kidnapping from Pakistan
Essentials:
The act of conveying any person beyond the limits of

Pakistan.
The act is done without the consent of that person or

someone legally authorized to consent on their behalf.
Illustration: If Person A takes Person B from Lahore and

leaves them in Delhi without their consent or the
consent of a person legally authorized to give consent
on behalf of Person B, then Person A has kidnapped
Person B from Pakistan.
361. Kidnapping from lawful guardianship
Essentials:
The act of taking or enticing a minor under fourteen

years of age if a male, or under sixteen years of age if a
female, or any person of unsound mind.
The act is done out of the keeping of the lawful

guardian of such minor or person of unsound mind,
without the consent of such guardian.
Illustration: If Person A lures a 13-year-old boy away

from his parents (the lawful guardians) without the
parents’ consent, then Person A has kidnapped the boy
from lawful guardianship.
362. Abduction
Essentials:
The act of compelling by force or inducing by any

deceitful means, any person to go from any place.
Illustration: If Person A tricks Person B into leaving their

home and going to a remote location, then Person A has
abducted Person B.
363. Punishment for kidnapping

e Essentials:
@ The act of kidnapping any person from Pakistan or from

lawful guardianship is punishable with imprisonment of
364. Kidnapping or abducting in order to murder
e Essentials:
e@ The act of kidnapping or abducting 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.
@ The act is punishable with imprisonment for life or

rigorous imprisonment for a term which may extend to
ten years and shall also be liable to fine.
Sure, here are the essentials and illustrations for each

section:
364-A. Kidnapping or abducting a person under the age of

fourteen
e Essentials:
@ The act of kidnapping or abducting any person under

the age of fourteen.
The act is done in order that such person may be

murdered, subjected to grievous hurt, slavery, or to the
lust of any person.
The act is punishable with death, imprisonment for life,

or rigorous imprisonment for a term which may extend
to fourteen years and shall not be less than seven years.
Illustration: If Person A takes a 13-year-old child from

their home without the consent of the child or the child's
legal guardian, with the intention of subjecting the child
to grievous hurt, Person A would be guilty under this
section.
365. Kidnapping or abducting with intent secretly and

wrongfully to confine person
Essentials:
The act of kidnapping or abducting any person with

intent to cause that person to be secretly and wrongfully
confined.
The act is punishable with imprisonment of either

description for a term which may extend to seven years,
Illustration: If Person A kidnaps Person B with the intent

to keep Person B secretly confined in a hidden location,
365-A. Kidnapping or abducting for extorting property,

valuable security, etc.
e Essentials:
e@ The act of kidnapping or abducting 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.
The act is punishable with death or imprisonment for

life and shall also be liable to forfeiture of property.
Illustration: If Person A kidnaps Person B and demands

a ransom from Person B's family for Person B's release,
365B. Kidnapping, abducting or inducing woman to compel

for marriage etc.
e Essentials:
@ The act of kidnapping or abducting any woman with
intent that she may be compelled, or knowing it to be
likely that she will be compelled, to marry any person
against her will, or in order that she may be forced, or
seduced to illicit intercourse.
The act is punishable with imprisonment for life, and

shall also be liable to fine.
Illustration: If Person A abducts Woman B with the

intent of forcing her to marry Person C against her will,
366-A. Procuration of minor girl
Essentials:
The act of inducing any minor girl under the age of

eighteen years to go from any place or to do any act
with intent that such girl may be, or knowing that it is
likely that she will be, forced or seduced to illicit
intercourse with another person.
The act is punishable with imprisonment which may

extend to ten years and shall also be liable to fine.
Illustration: If Person A convinces a 17-year-old girl to

leave her home with the intent of forcing her into illicit
intercourse, Person A would be guilty under this section.
366-B. Importation of girl from foreign country
e Essentials:
e@ The act of importing into Pakistan from any country

outside Pakistan any girl under the age of twenty-one
years with intent that she may be, or knowing it to be
likely that she will be, forced or seduced to illicit
intercourse with another person.
@ The act is punishable with imprisonment which may

extend to ten years and shall also be liable to fine.
e Illustration: If Person A brings a 20-year-old girl from a

foreign country into Pakistan with the intent of forcing
her into illicit intercourse, Person A would be guilty
under this section.
367. Kidnapping or abducting in order to subject person to

grievous hurt, slavery, etc.
e Essentials:
@ The act of kidnapping or abducting any person in order

that such person may be subjected, or may be so
disposed of as to be put in danger of being subjected to
grievous hurt, or slavery.

description for a term which may extend to ten years,
e |llustration: If Person A kidnaps Person B with the intent

of subjecting Person B to grievous hurt or slavery,
367-A. Kidnapping or abducting in order to subject person to

unnatural lust
e Essentials:
@ The act of kidnapping, or abducting any person in order

that such person may be subjected, or may be so
disposed of as to be put in danger of being subjected, to
the unnatural lust of any person.
@ The act is punishable with death or rigorous

imprisonment for a term which may extend to twenty-
five years, and shall also be liable to fine.
e illustration: If Person A kidnaps Person B with the intent

of subjecting Person B to the unnatural lust of Person C,
368. Wrongfully concealing or keeping in confinement,

kidnapped or abducted person
e Essentials:
@ The act of wrongfully concealing or confining a person

knowing that such person has been kidnapped or has
been abducted.
The act is punishable in the same manner as if the

person had kidnapped or abducted such person with the
same intention or knowledge, or for the same purposes
as that with or for which he conceals or detains such
person in confinement.
Illustration: If Person A knows that Person B has been

kidnapped and wrongfully confines Person B in a hidden
location, Person A would be guilty under this section.
369. Kidnapping or abducting child under ten years with

intent to steal from its person
Essentials:
The act of kidnapping or abducting any child under the

age of ten years.
The act is done with the intention of taking dishonestly

any movable property from the person of such child.

Illustration: If Person A kidnaps a 9-year-old child with
the intention of stealing the child's necklace, Person A
would be guilty under this section.
370. Buying or disposing of any person as a slave
Essentials:
The act of importing, exporting, removing, buying,

selling or disposing of any person as a slave, or
accepting, receiving or detaining against his will any
person as a Slave.

Illustration: If Person A buys Person B with the intention

of keeping Person B as a slave, Person A would be
guilty under this section.
371. Habitual dealing in slaves
Essentials:
The act of habitually importing, exporting, removing,

buying, selling, trafficking or dealing in slaves.
The act is punishable with imprisonment for life, or with

imprisonment of either description for a term not
exceeding ten years, shall also be liable to fine.
e Illustration: If Person A regularly buys and sells people

as Slaves, Person A would be guilty under this section.
371A. Selling person for purposes of prostitution, etc.
e Essentials:
@ The act of selling, letting to hire, or otherwise disposing

of any person with intent that such a person shall at any
time be employed or used for the purpose of
prostitution or illicit intercourse with any person or for
any unlawful and immoral purpose.

extend to twenty-five years, and shall also be liable to
fine.
e |llustration: If Person A sells Person B to a brothel with

the intention that Person B will be used for prostitution,
371B. Buying person for purposes of prostitution, etc
e Essentials:
e@ The act of buying, hiring or otherwise obtaining

possession of any person with intent that such person
shall at any time be employed or used for the purpose
of prostitution or illicit intercourse with any person or
for any unlawful and immoral purpose.
The act is punishable with imprisonment which may

extend to twenty-five years, and shall also be liable to
fine.
Illustration: If Person A buys Person B from a trafficker

with the intention of forcing Person B into prostitution,
A498B. Prohibition of forced marriage
Essentials:
The act of coercing or in any manner whatsoever

compelling a woman to enter into marriage.

description for a term, which may extend to seven years
or for aterm which shall not be less than three years
and shall also be liable to fine of five hundred thousand
rupees.
Illustration: If Person A threatens Woman B and forces

her to marry Person C against her will, Person A would
be guilty under this section.
498C. Prohibition of marriage with the Holy Quran
e Essentials:
@ The act of compelling, arranging, or facilitating the

marriage of a woman with the Holy Quran.

description which may extend to seven years which
shall not be less than three years and shall be liable to
fine of five hundred thousand rupees.
e llustration: If Person A forces Woman B to take an oath

on the Holy Quran to remain unmarried for the rest of
her life or not to claim her share of inheritance, Person A
would be guilty under this section. This act is
considered as marrying the woman to the Holy Quran.
ATA 1997:
2. Definitions
n) “kidnapping for ransom” mean the action of conveying any
person from
any place, without his consent, or by force compelling or by
any deceitful
means inducing him, to go from any place, and unlawfully
detaining him
any demanding or attempting to demand, money, pecuniary
or other
benefit from him or from another person, as a condition of
his release;
Section 6: Terrorism
e Essentials:
@ The act involves the use or threat of action that can

cause death, grievous harm to a person or property, or
involves kidnapping for ransom, hostage-taking, or
hijacking.
@ It includes acts that incite hatred, cause panic, disrupt

public life, involve extortion, or serious coercion of a
public servant.
e@ The use or threat is designed to coerce or intimidate the

Government, the public, a section of the public, or a
community, or to create a sense of fear or insecurity in
society.
@ The use or threat is made for the purpose of advancing

a religious, sectarian, or ethnic cause.
@ Any action that involves the use of firearms, explosives,

or any other weapon is considered terrorism, regardless
of whether it satisfies subsection 1 ©.
@ Inthis Act, terrorism includes any act done for the

benefit of a prescribed organization.
Section 7: Punishment for acts of terrorism
e Essentials:
@ Whoever commits an act of terrorism shall be punished

with death or imprisonment for a term not less than ten
years or more than twenty-five years and shall also be
liable to fine.
@ When terrorism is committed by two or more persons in

furtherance of common intention, each person shall be
punished with death or imprisonment for life.
These sections are designed to cover a wide range of acts

that can be considered as terrorism, and they provide severe
punishments for those acts. The aim is to deter potential
terrorists and protect the safety and security of the public. |
hope this expanded explanation helps! If you have any other
sections youd like me to break down, feel free to ask. Good
luck with your exam!
Sure, here are the essentials and illustrations for each

section:
375. Rape
e Essentials:
e Amanis said to commit rape who has sexual

intercourse with a woman under any of the five
following descriptions:
@ Against her will.
@ Without her consent.
@ With her consent, when the consent has been obtained

by putting her in fear of death or of hurt.
@ With her consent, when the man knows that he is not

married to her and that the consent is given because
she believes that the man is another person to whom
she is or believes herself to be married.
@ With or without her consent when she is under sixteen

years of age.
@ Penetration is sufficient to constitute the sexual

intercourse necessary to the offence of rape.
e illustration: If Person A has sexual intercourse with

Woman B against her will, Person A would be guilty of
rape under this section.
376. Punishment for rape
Essentials:
Whoever commits rape shall be punished with death or

imprisonment of either description for a term which
shall not be less than ten years or more than twenty-five
years and shall also be liable to fine.
When rape is committed by two or more persons in

furtherance of common intention of all, each of such
persons shall be punished with death or imprisonment
for life.
377. Unnatural offences
Essentials:
Whoever voluntarily has carnal intercourse against the

order of nature with any man, woman or animal, shall be
punished with imprisonment for life, or with
shall not be less than two years nor more than ten
Penetration is sufficient to constitute the carnal

intercourse necessary to the offence described in this
section.
Illustration: If Person A voluntarily has carnal
intercourse against the order of nature with Person B,
Section 496: Marriage ceremony fraudulently gone through

without lawful marriage
Essentials:
The act of going through the ceremony of being

married, done dishonestly or with a fraudulent intention.
The person knows that they are not lawfully married by

going through the ceremony.

Illustration: If Person A, already married, goes through a

marriage ceremony with Person B, knowing that this
marriage is not lawful, Person A would be guilty under
this section. This could happen in cases where Person
A is already married to another individual and the law
does not permit polygamy, or where the necessary legal
formalities for a lawful marriage have not been fulfilled.
Section 509: Insulting modesty or causing sexual harassment
e Essentials:
@ The act involves intending to insult the modesty of any

woman by uttering any word, making any sound or
gesture, or exhibiting any object, intending that such
word or sound shall be heard, or that such gesture or
object shall be seen, by such woman, or intruding upon
the privacy of such woman.
@ The act involves conducting sexual advances, or

demanding sexual favours or using verbal or non-verbal
communication or physical conduct of a sexual nature
which intends to annoy, insult, intimidate or threaten the
other person or commits such acts at the premises of
the workplace.
@ The act involves making submission to such conduct

either explicitly or implicitly a term or condition of an
individual's employment, or making submission to or
rejection of such conduct by an individual a basis for
employment decision affecting such individual, or
retaliating because of rejection of such behaviour, or
conducting such behaviour with the intention of
unreasonably interfering with an individual's work
performance or creating an intimidating, hostile, or
offensive working environment.

extend to three years or with fine up to five hundred
thousand rupees or with both.
e Illustration: If Person A, in a workplace, makes

unwelcome sexual advances towards Person B, or
demands sexual favours from Person B, and this
conduct interferes with Person B’s work performance or
creates an intimidating, hostile, or offensive working
environment for Person B, then Person A would be guilty
under this section. This could happen in various places
including but not limited to markets, public transport,
streets, parks, workplaces, private gatherings, or homes.
Section 511: Punishment for attempting to commit offences

punishable with imprisonment for life or for a shorter term
e Essentials:
@ The act involves attempting to commit an offence

punishable by this Code with imprisonment for life or
imprisonment, or to cause such an offence to be
committed.
@ Insuch attempt, any act is done towards the

commission of the offence.
@ Where no express provision is made by this Code for the

punishment of such attempt, the act is punishable with
imprisonment of any description provided for the
offence for a term which may extend to one-half of the
longest term of imprisonment provided for that offence
or with such fine as is provided for the offence, or with
both.
e illustration: If Person A attempts to commit a robbery

(an offence punishable with imprisonment) and in doing
so, makes preparations for the robbery but is caught
before he can carry it out, Person A would be guilty
under this section. The punishment would be up to one-
half of the longest term of imprisonment provided for
robbery, or with a fine, or with both.
Section 349 - Force:
e Definition: A person uses force if they cause motion,

change of motion, or cessation of motion to another
person or any substance.
e@ |llustration: If person A pushes a ball towards person B,

causing the ball to hit person B, person A has used
force.
Section 350 - Criminal force:
e@ Definition: Whoever intentionally uses force to any

person, without that person's consent, in order to
commit 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.
e illustration: If person A intentionally pushes person B

into a wall, knowing that it will cause injury to person B,
person A has used criminal force.
Section 351 - Assault:
e Definition: Whoever makes any gesture, or any

preparation intending or knowing it to be likely that such
gesture or preparation will cause any person present to
apprehend that he who makes that gesture or
preparation is about to use criminal force to that person,
is said to commit an assault.
e illustration: If person A raises a fist at person B,

intending to make person B believe that person A is
about to punch them, person A has committed an
assault.
Section 354-A - Assault or use of criminal force to woman

and stripping her of her clothes:
e@ Definition: Whoever assaults or uses criminal force to
any woman and strips her of her clothes and in that
condition, exposes her to the public view.
@ Punishment: The person shall be punished with death or

with imprisonment for life, and shall also be liable to
fine.
e illustration: If person A forcefully removes the clothes of

woman B in public, person A has committed an offence
under Section 354-A.
Section 355 - Assault or criminal force with intent to

dishonour person, otherwise than on grave provocation:
e@ Definition: Whoever assaults or uses criminal force to

any person, intending thereby to dishonour that person,
otherwise than on grave and sudden provocation given
by that person.
e@ Punishment: The person shall be punished with

may extend to two years, or with fine, or with both.
e |llustration: If person A slaps person B in public with the

intention to dishonour person B, and this act was not
provoked by person B, person A has committed an
offence under Section 355.
Section 499 - Defamation:
e@ Definition: Whoever by words either spoken or intended

to be read, or by signs or by visible representations,
makes or publishes any imputation concerning any
person intending to harm, or knowing or having reason
to believe that such imputation will harm, the reputation
of such person, is said, except in the cases hereinafter
excepted, to defame that person.
e illustration: If person A publicly accuses person B of

theft, knowing this accusation to be false and intending
to harm person B's reputation, person A has committed
defamation.
Explanation 1: It may amount to defamation to impute

anything to a deceased person, if the imputation would harm
the reputation of that person if living, and is intended to be
hurtful to the feelings of his family or other near relatives.
e illustration: If person A falsely accuses deceased

person B of acrime, causing distress to B’s family,
person A has committed defamation.
Explanation 2: It may amount to defamation to make an

imputation concerning a company or an association or
collection of persons as such.
e Illustration: If person A falsely claims that a company B

is involved in illegal activities, person A has committed
defamation.
Explanation 3: An imputation in the form of an alternative or

expressed ironically, may amount to defamation.
e illustration: If person A sarcastically states that person

B is a “great” thief, implying that B is a thief, person A
has committed defamation.
Explanation 4: No imputation is said to harm a person's

reputation, unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual
character of that person, or lowers the character of that
person in respect of his caste or of his calling or lowers the
credit of that person, or causes it to be believed that the body
of that person is in a loathsome state, or in a state generally
considered a disgraceful.
e illustration: If person A spreads false rumors about

person B that lower B’s creditworthiness in the eyes of
others, person A has committed defamation.
Section 402-A - Hijacking:
e Essentials:
@e The act is unlawful.
@ The person uses or shows force or threats of any kind.

@ The person seizes or exercises control of an aircraft.
e illustration: If person A, by showing a weapon, forces

the pilot to hand over the control of an aircraft, person A
has committed hijacking.
Section 402-B - Punishment for Hijacking:
e Essentials:
@ The person commits, conspires, attempts to commit, or

abets the commission of hijacking.
@ The punishment for such an act is death or

imprisonment for life.
@ The person is also liable to forfeiture of property and

fine.
e illustration: If person A commits hijacking, or person B

conspires with person A to commit hijacking, or person
C attempts to commit hijacking, or person D abets
person A in committing hijacking, all of them can be
punished with death or imprisonment for life, and they
can also be liable to forfeiture of property and fine.
Section 402-C - Punishment for harbouring hijacking, etc.:
e Essentials:
@ The person knowingly harbours any person who is
about to commit, has committed, or abetted an offence
of hijacking.
@ The person knowingly permits such persons to meet or

assemble in any place or premises in his possession or
under his control.
@ The punishment for such an act is death or

imprisonment for life, and the person is also liable to
fine.
e Illustration: If person A knowingly provides shelter to

person B, who has committed hijacking, or allows
person B to meet or assemble with others in a place
under person A’s control, person A can be punished with
death or imprisonment for life, and can also be liable to
fine.
489-F PPC - Cheque Dishonour in Pakistan:

Detailed Breakdown
Offence: This section of the Pakistan Penal Code (PPC)

deals with the crime of dishonestly issuing a cheque that
bounces upon presentation. In simpler terms, it's illegal to
knowingly write a cheque without enough funds in your
account to cover it.
Elements to be Proven: For a successful case under 489-F

PPC, the following elements need to be established:
@ Issuance of a Cheque: The prosecution must prove a

cheque was issued by the accused. This can be done
through the presentation of the cheque itself.
@ Repayment or Obligation: The cheque needs to be

intended for the repayment of a debt or the fulfilment of
a financial obligation. This could be a loan, a payment
for goods or services rendered, or any other legitimate
financial commitment.
e Dishonouring of the Cheque: The bank must have

dishonoured the cheque upon presentation. This
typically happens due to insufficient funds in the
account, but can also occur for reasons like stopped
cheques or technical errors.
e Dishonesty: This is a crucial element. The prosecution

needs to prove that the accused knew there werent
enough funds in their account to cover the cheque when
they issued it.
Penalty: If convicted under Section 489-F PPC, the accused

can face the following penalties:
@ Imprisonment: Up to three years in jail.
@ Fine: The court can impose a financial penalty.
e@ Both: The court may decide on a combination of

imprisonment and a fine.
Defence: The accused has the opportunity to defend

themselves against the charges. Here's how:
e Proof of Sufficient Funds: The accused can try to prove

they had enough money in their account to cover the
cheque when it was presented. This could involve bank
statements or other financial documentation.
e@ Bank's Fault: If the cheque bounced due to a technical

error or some other fault by the bank, the accused can
argue that they are not responsible.
Burden of Proof: It's important to note that the burden of

proof for the ‘sufficient funds" defence lies with the accused.
They need to present evidence to convince the court that the
dishonouring wasn't due to their lack of funds.
Additional Points:
@ Bailable Offence: Unlike some cheque dishonour

offences, this one is considered bailable. This means
the accused can be released on bail while awaiting trial.
@ Complainant: The person who received the bounced
cheque is typically the complainant in such cases.
e Severity: The severity of the punishment can vary

depending on the specific circumstances of the case,
such as the amount of money involved and whether it's
a first-time offence.
Recommendations:
e Record Keeping: If you issue cheques, it's crucial to

maintain proper records of your bank account balance
to avoid unintentional dishonouring.
e@ Legal Consultation: If you face accusations under 489-F

PPC, consulting with a lawyer experienced in
commercial law is highly recommended. They can guide
you through the legal process and build a strong
defence strategy.
Remember: This information is for general understanding

only and doesnt constitute legal advice.
Sh. Vijay Singh & Ors vs Smt. Manali Malik

& Ors
Facts:
@ The lawsuit stemmed from three cheques that were not

honored by the bank.
@ The person who wrote the cheques (the drawer) had

passed away before the cheques were presented for
encashment.
e@ The lawsuit was filed against the legal representatives

of the deceased drawer (the defendants).
Reason for Decision:
The court concluded that a cheque is no longer a valid

cheque after the death of the drawer (the person who wrote
it). Since a cheque functions as an instruction to the bank to
pay out money, the bank is no longer obligated to pay once
the drawer dies. Consequently, the cheque cannot be used as
a sole basis for a lawsuit under Order 37 of the CPC.
In simpler terms:
@ If someone dies and you have uncashed cheques from

them, those cheques alone might not be sufficient to
sue under this specific rule (Order 37).
Section 415 - Cheating:
e Essentials:
@ The person deceives another person.
@ The person fraudulently or dishonestly induces the

deceived person to deliver any property to any person,
or to consent that any person shall retain any property.
e@ The person intentionally induces the deceived person to

do or omit to do anything which they would not do or
omit if they were not so deceived.
e@ The act or omission causes or is likely to cause damage

or harm to the deceived person or any other person in
body, mind, reputation or property.
e@ Explanation: A dishonest concealment of facts is a

deception within the meaning of this section.
e Illustration: If person A deceives person B into believing

that a worthless piece of glass is a valuable diamond,
and person B buys it, person A has committed cheating.
The act of dishonestly concealing the fact that the piece
of glass is not a diamond is a deception within the
meaning of this section.
Section 420 - Cheating and dishonestly Inducing delivery of
property:
e Essentials:
@ The person cheats and thereby dishonestly induces the

deceived person to deliver any property to any person.
@ The person induces the deceived person to make, alter

or destroy the whole or any part of a valuable security,
or anything which is signed or sealed, and which is
capable of being converted into a valuable security.
@ The punishment for such an act is imprisonment of

years, and the person is also liable to fine.
e Illustration: If person A deceives person B into signing a

contract that leads to person B delivering their property
to person A, and person A then converts that contract
into a valuable security, person A has committed an
offence under Section 420.
Section 468 - Forgery for purpose of cheating:
e Essentials:
@ The person commits forgery.

@ The person intends that the forged document shall be
used for the purpose of cheating.
The punishment for such an act is imprisonment of

years, and the person is also liable to fine.
Illustration: If person A forges a bank cheque with the

intention of using it to cheat person B out of money,
person A has committed an offence under Section 468.
Section 471 - Using as genuine a forged document:
Essentials:
The person fraudulently or dishonestly uses as genuine

any document.
The person knows or has reason to believe that the

document is a forged document.
The punishment for such an act is the same as if the

person had forged the document.
Illustration: If person A knowingly uses a forged driving

license as a genuine document, person A has
committed an offence under Section 471.

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Section 339 of the Pakistan Penal Code (PPC) 1860, which

deals with “Wrongful Restraint”.

@ The act must be done voluntarily.

@ The act involves obstructing a person.

e@ The obstruction prevents the person from proceeding in

Illustration: Let's say Person A is walking down a public

Exception: If a person obstructs a private way over land or

@ The act must involve wrongful restraint of a person.

@ The restraint is done in such a manner as to prevent the

Illustration: Let’s say Person A is in a room and Person B

In essence, wrongful confinement is a more severe form of

Section 441 of the Pakistan Penal Code (PPC) 1860, which

@ The person enters into or upon property in the

e Alternatively, having lawfully entered into or upon such

Illustration: Let’s say Person A enters into Person B’s

Or, if Person A, after being invited into Person B's property,

Section 442 - House-trespass Essentials:

@ The person commits criminal trespass.

e@ The trespass involves entering into or remaining in any

Illustration: If Person A enters into Person B’s house without

@ The person commits house-trespass.

e@ The trespass is committed with precautions taken to

Illustration: If Person A enters Person B's house secretly and

Section 444 - Lurking house-trespass by night Essentials:

@ The person commits lurking house-trespass.

e@ The trespass is committed after sunset and before

Illustration: If Person A enters Person B’s house secretly and

Section 445 - House-breaking Essentials:

@ The person commits house-trespass.

e@ The trespass involves entering or exiting the house in

Entering or quitting through any passage not intended

Entering or quitting through any passage which he or

Entering or quitting by opening any lock in order to

Effecting his entrance or departure by using criminal

Entering or quitting any passage which he knows to

Section 446 - House-breaking by night Essentials:

@ The person commits house-breaking.

@ The actis committed after sunset and before sunrise.

Illustration: If Person A breaks into Person B’s house during

Section 447 - Punishment for criminal trespass

@ Whoever commits criminal trespass shall be punished

Section 448 - Punishment for house-trespass

@ Whoever commits house-trespass shall be punished

Section 449 - House-trespass in order to commit offence

e@e The trespass is committed in order to commit any

@ The person shall be punished with imprisonment for life,

Section 450 - House-trespass in order to commit offence

@ The person commits house-trespass.

@ The trespass is committed in order to commit any

@ The person shall be punished with imprisonment of

Section 451 - House-trespass in order to commit offence

@ The trespass is committed in order to commit any

@ The person shall be punished with imprisonment of

e If the offence intended to be committed is theft, the

Section 452 - House-trespass after preparation for hurt,

@ The person commits house-trespass.

@ The trespass is committed having made preparation for

@ The person shall be punished with imprisonment of

@ The act of committing lurking house-trespass or house-