vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
(d) every assessor or other person assisting a court of justice or a public servant
exercising judicial or quasi-judicial functions while acting in that capacity; 36
(e) every arbitrator or other person to whom any cause or matter has been referred for
decision or report by any court of justice or by any other competent public authority,
while acting in that capacity; 37
(f) every officer or other person not being a member who is appointed to perform any
duty in connection with the discharge of its functions by anybody forming part of the
Legislature of the State; 38
(g) every person who is in the service of any public corporation established by any Act
or Law; 39
(h) every person within the employment of the Federal, State and Local Governments,
and their parastatals, departments and agencies. 40
10. The term "armed forces" includes army, naval and air forces and defences. 41
11. The words "movable property" include corporeal property 42 of every description except
land and things attached to the earth or permanently fastened to anything which is attached
to the earth.
12. "Wrongful gain" is gain by unlawful means of property to which the person gaining is
not legally entitled.
13. "Wrongful loss" is the loss by unlawful means of property to which the person losing it
is legally entitled.
14. A person is said to gain wrongfully when such person retains wrongfully as well as when
such person acquires wrongfully, and a person is said to lose wrongfully when such person is
wrongfully kept out of any property as well as when such person is wrongfully deprived of
property. 43
15. A person is said to do a thing "dishonestly" who does that thing with the intention of
causing a wrongful gain to himself or another or of causing wrongful loss to any other
person.
16. A person is said to do a thing "fraudulently" or "with intent to defraud" who does that
thing with intent to deceive and by means of such deceit to obtain some advantage for
himself or another or to cause loss to any other person.
17. A person is said to have “reason to believe” a thing if he has sufficient cause to believe
that thing but not otherwise.
36 Bauchi combines this with the previous subsection. Katsina omits this subsection.
37 Katsina omits this subjection.
38 Katsina omits this subsection.
39 Katsina omits this subsection.
40 PC, Gombe, and Katsina omit this subsection. PC adds two explanations following this series of
subsections, omitted here and in all SPCs.
41 PC: “The term ‘military forces’ includes naval and air forces and the term ‘military affairs’ includes
affairs relating to naval and air forces and defences.” Bauchi, Jigawa as here except omits “and
defences”. Sokoto omits this section.
42 Gombe, Kano: “corporal property”. Jigawa: “corporate property”.
43 Sokoto omits this section.
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