vol_4_4_chapter_4_part_III

More documents

Recommendations

Info

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 90
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 224. Whoever assaults or uses criminal force to any person or criminal force otherwise than on grave and sudden provocation given by that person, 309 shall be punished with imprisonment for a term which may extend to one month or with fine or with both. 310 ** [punishment for assault or criminal force with provocation] 311 225. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant or with intent to prevent or deter that person from discharging his duty as such public servant or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant shall be punished with imprisonment for a term which may extend to two years or with fine or with both. 312 226. Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to forty lashes. 313 227. Whoever assaults or uses criminal force to any person in attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to forty lashes. 314 228. Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person, shall be punished with imprisonment for a term which may extend to two months or with a fine or with both. 315 his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A beings to untie the lead of a ferocious dog intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dot to attack Z. A has committed an assault upon Z.” PC adds one further illustration. 309 Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Zamfara: omit the phrase “otherwise than on grave and sudden provocation given by that person”. 310 PC and all SPCs vary the punishment depending on whether hurt is caused. (a): no hurt: PC, Bauchi: 1 year/fine/both. Gombe, Jigawa, Kano, Katsina, Kebbi, Sokoto, Yobe, Zamfara: 1 month/fine/both. Kaduna: ta’azir. (b) if grievous hurt (or, in Bauchi, hurt) is caused: PC, Bauchi: 3 years/fine/both. All other SPCs except Kaduna: qisas. Kaduna: as under §219 above, see notes thereto. Kebbi adds a subsection (c): “If qisas is not applicable, with the payment of diyah.” Note: PC adds a section following this one on “punishment for assault or criminal force with provocation” (3 months/fine up to £20/both), omitted here and in all SPCs. 311 PC inserts a section here as follows: “Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to twenty pounds or with both.” 312 PC: 3 years/fine/both. Kano, Katsina: 2 years/N20,000 fine/both. Bauchi adds: “and if hurt is done to any person by such assault or criminal force, under qisas.” 313 PC: 3 years/fine/both. Bauchi: 3 years/40 lashes. Kaduna: ta’azir. 314 PC: 3 years/fine/both. Kano, Katsina, Sokoto, Yobe, Zamfara: 1 year/20 lashes. Kebbi: 1 year/fine/both and up to 20 lashes. Kaduna: omits this section. 315 PC: 2 years/fine/both. Bauchi: 1 year/fine/both. Kano, Katsina: 2 years/N20,000 fine/both. Kaduna: ta’azir. 91
Page 1 and 2:
Chapter 4 Part III The Centre for I
Page 3 and 4:
CILS HARMONISED SHARIA PENAL CODE A
Page 5 and 6:
CILS HARMONISED SHARIA PENAL CODE A
Page 7 and 8: CILS HARMONISED SHARIA PENAL CODE A
Page 55 and 56: 205. Whoever abets: CILS HARMONISED
Page 57: CILS HARMONISED SHARIA PENAL CODE A
Page 107: CILS HARMONISED SHARIA PENAL CODE A
show all

vol_4_4_chapter_4_part_III

Create successful ePaper yourself

Delete template?

Save as template?