vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
Kidnapping, Abduction and Forced Labour
229. Whoever takes or entices any person, under fifteen years of age 316 or any person of
unsound mind out of the keeping of the lawful guardian of such person without the consent
of such guardian or conveys any such person beyond the limits of someone legally authorised
to consent to such removal, 317 is said to kidnap such a person. 318
230. Whoever by force compels or by any deceitful means induces any person to go from
any place, is said to abduct such person.
231. (1) Whoever kidnaps any person under the age of seven shall be punished under
section 144 for the offence of theft punishable with hadd. 319
(2) Where the person kidnapped is above the age of seven, shall be punished with
imprisonment for a term which may extend to three years and shall also be liable to
caning which may extend to forty lashes. 320
232. Whoever abducts any person shall be punished with imprisonment for a term which
may extend to three years and shall also be liable to caning which may extend to forty
lashes. 321
233. Whoever kidnaps or abducts any person in order that such person may be killed or
may be so disposed of as to be put in danger of being killed, shall be punished with
imprisonment for a term which may extend to ten years and shall also be liable to caning of
fifty lashes. 322
234. Whoever, by any means whatsoever, induces any girl or woman 323 to go from any
place or to do any act with intent that such girl or woman may be, or knowing that it is likely
that she will be, forced or seduced to illicit intercourse with himself or with another
person 324 shall be punished with imprisonment for a term which may extend to two years
and shall also be liable to caning which may extend to fifty lashes. 325
316 Bauchi: “under the age of maturity”. Kano, Katsina: “puberty”. PC and all other SPCs except
Kaduna (which is as here) distinguish the ages for males (14) and females (16).
317 PC, Bauchi, Gombe, Jigawa, Kaduna, Kebbi, Sokoto, Yobe, Zamfara: “beyond the limits of
[Northern Nigeria] [the State] without the consent of someone legally authorised . . .” Kano: “beyond
the limits of the under limit of hirz”.
318 PC and Sokoto add: “Explanation. The words ‘lawful guardian’ in this section include any person
lawfully entrusted with the care or custody of such person and authorised to consent to the taking.”
319 PC punishes kidnapping and abduction together under the same section: 10 years and fine, without
regard to the age of the person kidnapped. Bauchi punishes all kidnappings under the section on theft
punishable with hadd.
320 Bauchi omits this subsection. Kano, Katsina: also punish these kidnappings under the section on
theft punishable with hadd. Gombe, Jigawa, Kebbi, Yobe, Zamfara: 7 years/40 lashes. Sokoto: 5
years/40 lashes. Kaduna: ta’azir. Kano and Katsina add a subsection (c): “Where the person kidnapped
is yet to be taken out of the limits of hirz”, 1 year/100 lashes.
321 PC omits this section, see note to §231(1). Bauchi: 10 years/40 lashes. Gombe: 10 years/50 lashes.
Jigawa, Yobe, Zamfara: 7 years/40 lashes. Kano, Katsina: 7 years/100 lashes. Kebbi: 7 years or fine
and up to 40 lashes. Sokoto: 5 years/40 lashes. Kaduna: ta’azir.
322 PC: 14 years/fine. Bauchi: life. Kaduna: ta’azir. Kano, Katsina: 10 years/100 lashes.
323 PC: “any girl under the age of eighteen years”.
324 PC: “intercourse with another person”.
325 PC: 2 years/fine. Bauchi: 5 years/40 lashes. Kaduna: ta’azir.
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