vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
(b) where the qisas is remitted or not applicable, 304 with the payment of diyah as
provided under Schedule B of this law and shall also be liable to imprisonment for a
term which may extend to six months; or with caning which may extend to twenty
lashes or with both. 305
220. Whoever unintentionally causes grievous hurt to any person shall be punished with the
payment of diyah under schedule B of this law. 306
Criminal Force and Assault
221. A person is said to use force to another if he causes motion, change of motion or
cessation of motion to that other or if he causes any substance to come into contact with any
part of that other's body or with anything which that other is wearing or carrying or with
anything so situated that such contact affects that other's sense of feeling where the person
causing any effect above mentioned, causes it:
(a) by his own body power; or
(b) by disposing any substance in such a manner that the effect takes place without
any further voluntary act on his part or on the part of any other person; or
(c) by means of any animal. 307
222. Whoever intentionally uses force to any person without that person's consent:
(a) while preparing to commit any offence; or
(b) in the course of committing any offence; or
(c) 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.
223. 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. 308
304 Only Kaduna has “remitted or”. All SPCs except Kebbi add here: “or the act was done by mistake”.
But Kebbi adds a subsection (c) after this subsection which says: “(c) where the act was done by
mistake with the payment of diyah”; and see §220.
305 Bauchi omits any punishment additional to diyah. Kano, Katsina: 6 months and 20 lashes. Kaduna:
diyah and ta’azir. PC again varies the punishments for voluntarily causing grievous hurt depending on
whether it is done “on grave and sudden provocation” (4 years/fine of £50/both) or without
provocation (7 years and fine); and see note to §218.
306 No SPC has this section, but see note to §219 on mistake. PC: “(1) Whoever causes hurt to any
person by doing any act so rashly or negligently as to endanger human life or the personal safety of
others, shall be punished with imprisonment for a term which may extend to one year or with fine or
with both. (2) Whoever in like manner causes grievous hurt to any person, shall be punished with
imprisonment for a term which may extend to two years or with fine or with both.”
307 PC includes eight illustrations, omitted here and in all SPCs.
308 PC and Sokoto include the following explanation and illustrations: “Explanation. Mere words do
not amount to assault, but the words which a person uses may give to his gestures or preparations such
a meaning as may make those gestures or preparations amount to an assault. Illustrations. (a) A shakes
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