vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
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CHAPTER 4: THE SHARIA PENAL CODES<br />
bound to do or to omit to do any act which that person is legally entitled to do as the means<br />
of avoiding the execution of such threat, commits criminal intimidation.<br />
241. Whoever commits the offence of criminal intimidation shall be punished: 336<br />
(a) with imprisonment for a term which may extend to two years or with fine or with<br />
both; 337 and<br />
(b) if the threat be to cause death or grievous hurt or to cause the destruction of any<br />
property by fire or to cause an offence punishable with death or with imprisonment<br />
for a term which may extend to seven years or to impute unchastity to a woman, with<br />
imprisonment for a term which may extend to four years and shall also be liable to<br />
caning which may extend to forty lashes. 338<br />
242. (1) Whoever commits the offence of criminal intimidation by an anonymous<br />
communication or having taken precaution to conceal the name or abode of the<br />
person from whom the threat comes, shall be punished with imprisonment for a term<br />
which may extend to two years in addition to the punishment provided for the offence<br />
by section 241. 339<br />
(2) Whoever intending to insult 340 the modesty of any woman utters any word, makes<br />
any sound or gesture or exhibits any object, intending that such word or sound shall<br />
be heard or that such gesture or object shall be seen by such woman or intrudes upon<br />
the privacy of such woman, shall be punished with imprisonment for a term which<br />
may extend to one year and shall also be liable to caning which may extend to forty<br />
lashes. 341<br />
Wrongful Restraint and Wrongful Confinement<br />
243. (1) Whoever <strong>vol</strong>untarily obstructs any person so as to prevent that person from<br />
proceeding in any direction in which that person has a right to proceed, is said to<br />
restrain that person wrongfully.<br />
(2) The obstruction of a private way over land or water which a person in good faith<br />
believes himself to have a lawful right to obstruct, is not within the meaning of this<br />
section. 342<br />
244. Whoever wrongfully restrains any person in such a manner as to prevent that person<br />
from proceeding beyond certain circumscribing limits, is said to confine that person<br />
wrongfully. 343<br />
245. Whoever wrongfully restrains any person, shall be punished with imprisonment for a<br />
term which may extend to six months or with fine or with both. 344<br />
336 Kaduna does not divide the punishments into two subsections, punishing all criminal intimidations<br />
with ta’azir.<br />
337 Bauchi: 1 year/fine/both. Kano, Katsina: 2 years/N50,000 fine/both. Kaduna: ta’azir.<br />
338 PC, Gombe, Jigawa, Sokoto, Yobe, Zamfara: 7 years/fine/both. Bauchi: 1 year/fine/both. Kano,<br />
Katsina: 7 years/N70,000 fine/both.<br />
339 Bauchi: 1 year in addition . . . Kebbi: 2 years or fine or both. Kaduna: ta’azir.<br />
340 Kano, Katsina: “Whoever insults”.<br />
341 PC puts this provision in a separate section, and punishes with 1 year/fine/both. Kebbi: 2 years or<br />
fine and up to 40 lashes. Kaduna: ta’azir.<br />
342 PC has an illustration following here.<br />
343 PC has two illustrations following here.<br />
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