vol_4_4_chapter_4_part_III

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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. 92
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 235. Whoever imports into the State from any place outside the State any girl or woman 326 with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with himself or with another person 327 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. 328 236. Whoever knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person. 237. Whoever buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person under the age of fifteen years or any person of unsound mind, 329 with intent that such person shall be employed or used for the purpose of prostitution or for any unlawful or immoral purpose or knowing it to be likely that such minor or unsound minded person will be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning of fifty lashes. 330 ** [Buying or disposing of slave.] 331 238. (1) Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. 332 (2) Without prejudice to sub-section (1) above, the person so compelled to labour against his will shall be entitled to compensation to be determined by the court. 333 239. Whoever, in order to gratify the passions of another person, procures, entices or leads away, even with her consent, any woman or girl for immoral purposes 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. 334 CHAPTER X – TA’AZIR OFFENCES Criminal Intimidation, Insult and Annoyance 240. Whoever threatens another with any injury to his person, reputation or property or to the person, reputation or property of anyone in whom that person is interested, with intent to cause harm 335 to that person or to cause that person to do any act which he is not legally 326 PC: “any girl under the age of twenty-one years”. 327 PC: “intercourse with another person”. 328 PC: 10 years/fine. Bauchi: 5 years/40 lashes. Kaduna: ta’azir. 329 PC: “person under the age of eighteen years”. Bauchi: “under the age of maturity or of unsound mind”. Kano, Katsina: “any person or any person of unsound mind”. 330 PC, Bauchi, Gombe, Jigawa, Kebbi, Yobe, Zamfara: 10 years/fine. Kano, Katsina: 10 years/up to N100,000 fine. Sokoto: 10 years/50 lashes. Kaduna: ta’azir. 331 PC has in this place: “Whoever imports, exports, removes, buys, sells, disposes, traffics or deals in any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.” No SPC has this. 332 Kano, Katsina: 1 year/N10,000/both. 333 PC does not have subsection (2). 334 PC: 7 years/fine. Bauchi: 5 years/40 lashes. Kaduna: ta’azir. 335 PC and Sokoto: “alarm” instead of “harm”. PC also has one explanation and one illustration. 93
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