vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
197. Whoever imitates or alters any key or fabricates any instrument intending that such
false key or instrument shall be used for a criminal purpose, shall be punished with
imprisonment for a term which may extend to two years and shall be liable to caning which
may extend to thirty lashes. 260
CHAPTER IX – QISAS AND QISAS-RELATED OFFENCES 261
Homicide 262
198. Except in the circumstances mentioned in section 203, 263 whoever being a mukallaf 264
causes the death of a human being by an act 265 :
(a) with the intention of causing death or such bodily injury as is probable or likely 266
to cause death 267 ; or
(b) in a state of fight, combat, strife or aggression, which is not intrinsically likely or
probable to cause death 268 ; or
260 PC: 2 years/fine. Bauchi: 3 years/30 lashes. Jigawa: 1 year/30 lashes. Kebbi: 2 years or fine and 30
lashes. Kaduna: ta’azir.
261 PC puts most of the offences included in this chapter, in a chapter entitled OFFENCES AFFECTING
THE HUMAN BODY. Two groups of PC offences affecting the human body are however not included
under QISAS AND QISAS-RELATED OFFENCES here or in the SPCs: Wrongful Restraint and Confinement,
put in the SPCs under TA’AZIR OFFENCES, and Rape and Unnatural and Indecent Offences Against the Person,
put in the SPCs under HUDUD AND HUDUD-RELATED OFFENCES. Kano and Katsina entitle this
chapter RETALIATORY OFFENCES. Gombe groups qisas offences with hudud.
262 This and all SPCs divide homicide into intentional, punishable with death (unless remitted by the
relatives of the deceased, or unless falling under one of the statutory exceptions, see §203), and
unintentional, punishable only with payment of diyah, see §§198-201. PC proceeds differently, first
defining “culpable homicide”, then dividing it into “punishable with death” and “not punishable with
death”. Culpable homicide: “Whoever causes death: (a) by doing an act with the intention of causing
death or such bodily injury as is likely to cause death; or (b) by doing an act with the knowledge that he
is likely by such act to cause death; or (c) by doing a rash or negligent act, commits the offence of
culpable homicide.” Punishable with death: “Except in the circumstances mentioned in section 222
culpable homicide shall be punished with death: (a) if the act by which the death is caused is done with
the intention of causing death; or (b) if the doer of the act knew or had reason to know that death
would be the probable and not only a likely consequence of the act or of any bodily injury which the
act was intended to cause.” Not punishable with death: see note to §203. Note: PC also includes separate
sections on “causing death of person other than person whose death was intended”, “death caused
when intention is to cause hurt only”, and “death caused in act of committing offence” (felony
murder), all omitted here and in all SPCs.
263 Kano and Katsina omit explicit reference here to the excepted circumstances, but list them in
subsequent sections.
264 Gombe, Kebbi, Sokoto, Yobe and Zamfara add here: “in a state of anger”.
265 Bauchi, Gombe, Jigawa, Kaduna, Kebbi, Sokoto, Yobe, Zamfara omit “by an act”.
266 Kano and Katsina omit “probable or”.
267 All SPCs except Kano and Katsina insert here: “with an object either sharp or heavy”.
268 All SPCs except Bauchi, Kano and Katsina include a subsection (b) on causes “not intrinsically
likely or probable to cause death”, but they disagree in the specification of such causes. Kaduna: “in a
state of anger, with a light stick, a whip or any other thing of that nature which is not intrinsically likely
or probable to cause death.” Gombe, Jigawa, Kebbi, Sokoto, Yobe and Zamfara: same, but omitting
“in a state of anger”.
84