vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
CILS HARMONISED SHARIA PENAL CODE ANNOTATED<br />
191. Whoever commits lurking house trespass by night or house breaking by night, shall be<br />
punished with imprisonment for a term which may extend to four years and shall also be<br />
liable to caning which may extend to forty lashes. 251<br />
192. Whoever commits lurking house trespass by night or house breaking by night in order<br />
to commit any offence punishable with imprisonment, shall be punished with imprisonment<br />
for a term which may extend to seven years and shall also be liable to caning which may<br />
extend to fifty lashes. 252<br />
193. If at the time of the committing of lurking house trespass or house breaking any<br />
person guilty of such offence <strong>vol</strong>untarily causes or attempts to cause death or grievous hurt<br />
to any person, every person jointly concerned in committing such lurking house trespass or<br />
house breaking shall be punished: 253<br />
(a) with qisas (retaliation) under section 199 if death is caused; or<br />
(b) with qisas (retaliation) under section 219 if grievous hurt is caused; 254 or<br />
(c) with imprisonment for life or for any less term, and shall also be liable to fine. 255<br />
194. Whoever dishonestly or with intent to commit mischief breaks open or unfastens any<br />
closed receptacle which contains or which he believes to contain property, shall be punished<br />
with imprisonment for a term which may extend to one year and shall also be liable to caning<br />
which may extend to twenty lashes. 256<br />
195. Whoever, being entrusted with any closed receptacle which contains or which he<br />
believes to contain property, without having authority to open the same dishonestly or with<br />
intent to commit mischief breaks open or unfastens that receptacle, shall be punished with<br />
imprisonment for a term which may extend to two years and shall be liable to caning which<br />
may extend to thirty lashes. 257<br />
196. Whoever is discovered 258 carrying false keys or other instruments suitable for house<br />
breaking and seeks to conceal himself or is otherwise shown to have a criminal intention,<br />
shall be punished with imprisonment for a term which may extend to two years and shall also<br />
be liable to caning which may extend to thirty lashes. 259<br />
punishment is ta’azir. Punishments in other codes: PC: 14 years/fine. Kano and Katsina: 7 years/50<br />
lashes. Kebbi: 3 years or fine and 30 lashes. Others as here.<br />
251 Kano and Katsina omit this section. PC: 3 years/fine. Kebbi: 5 years or fine and 40 lashes. All<br />
other SPCs: 5 years/40 lashes.<br />
252 Bauchi, Kaduna, Kano and Katsina omit this section. PC: up to life/fine. Kebbi: 7 years or fine and<br />
50 lashes.<br />
253 PC limits this offence to “lurking house trespass by night or house breaking by night”. Bauchi omits<br />
“or attempts to cause” in the definition of the offence.<br />
254 Bauchi omits the word “grievous”.<br />
255 This is the only punishment prescribed in PC. Gombe: 14 years/fine. Kano and Katsina: 5<br />
years/fine. Kaduna: ta’azir.<br />
256 PC: 2 years or fine or both. Bauchi: 2 years/40 lashes. Kebbi: 1 year or fine and 20 lashes. Kaduna:<br />
ta’azir.<br />
257 PC: 3 years or fine or both. Bauchi: 1 year/40 lashes. Kebbi: 2 years or fine and 30 lashes. Kaduna:<br />
ta’azir.<br />
258 All codes except Kaduna, Kano and Katsina insert here: “between sunset and sunrise”.<br />
259 PC: 3 years/fine. Bauchi: 3 years/20 lashes. Jigawa: 1 year/20 lashes. Kebbi: 2 years or fine and 20<br />
lashes. Kaduna: ta’azir. All others: 2 years/20 lashes.<br />
83
Change language