vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES bound to do or to omit to do any act which that person is legally entitled to do as the means of avoiding the execution of such threat, commits criminal intimidation. 241. Whoever commits the offence of criminal intimidation shall be punished: 336 (a) with imprisonment for a term which may extend to two years or with fine or with both; 337 and (b) if the threat be to cause death or grievous hurt or to cause the destruction of any property by fire or to cause an offence punishable with death or with imprisonment for a term which may extend to seven years or to impute unchastity to a woman, with imprisonment for a term which may extend to four years and shall also be liable to caning which may extend to forty lashes. 338 242. (1) Whoever commits the offence of criminal intimidation by an anonymous communication or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to two years in addition to the punishment provided for the offence by section 241. 339 (2) Whoever intending to insult 340 the modesty of any woman utters any word, makes any sound or gesture or exhibits any object, intending that such word or sound shall be heard or that such gesture or object shall be seen by such woman or intrudes upon the privacy of such woman, 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. 341 Wrongful Restraint and Wrongful Confinement 243. (1) Whoever <strong>vol</strong>untarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said to restrain that person wrongfully. (2) The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not within the meaning of this section. 342 244. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said to confine that person wrongfully. 343 245. Whoever wrongfully restrains any person, shall be punished with imprisonment for a term which may extend to six months or with fine or with both. 344 336 Kaduna does not divide the punishments into two subsections, punishing all criminal intimidations with ta’azir. 337 Bauchi: 1 year/fine/both. Kano, Katsina: 2 years/N50,000 fine/both. Kaduna: ta’azir. 338 PC, Gombe, Jigawa, Sokoto, Yobe, Zamfara: 7 years/fine/both. Bauchi: 1 year/fine/both. Kano, Katsina: 7 years/N70,000 fine/both. 339 Bauchi: 1 year in addition . . . Kebbi: 2 years or fine or both. Kaduna: ta’azir. 340 Kano, Katsina: “Whoever insults”. 341 PC puts this provision in a separate section, and punishes with 1 year/fine/both. Kebbi: 2 years or fine and up to 40 lashes. Kaduna: ta’azir. 342 PC has an illustration following here. 343 PC has two illustrations following here. 94
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 246. Whoever wrongfully confines any person, shall be punished: 345 (a) with imprisonment for a term which may extend to one year or with fine or with both; 346 (b) if the wrongful confinement continues for more than a day, 347 with imprisonment for a term which may extend to one year or with fine or with both; 348 (c) without prejudice to the punishments prescribed in (a) and (b) above, the offender shall be liable to pay compensation to the confined person which shall be determined by the court. 349 247. Whoever keeps any person in wrongful confinement knowing that a warrant or order or writ for the production or liberation of that person has been duly issued shall be punished with imprisonment for a term which may extend to six months in addition to any term of imprisonment to which he may be liable under any other section of this law. 350 248. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined or to any public servant or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned shall be punished with imprisonment for a term which may extend to one year in addition to any other punishment to which he may be liable for such wrongful confinement. 351 249. Whoever wrongfully confines any person for the purpose of extorting from the person confined or from any person interested in the person confined any property or document of title or of constraining the person confined or any person interested in such person to do any thing illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to twenty lashes. 352 250. Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct or for the purpose of constraining the person confined or any person interested in the person confined to 344 PC: 1 month/£30 fine/both. Kano, Katsina: 6 months/N5,000 fine/both. Sokoto, Yobe, Zamfara: 6 months/N1,000 fine/both. Kaduna: ta’azir. 345 Kaduna does not divide the punishments into three subsections, punishing all wrongful confinements with ta’azir “and shall be liable to pay compensation to the confined person which shall be determined by the court.” 346 PC: 1 year/£50 fine/both. Jigawa, Yobe, Zamfara: 1 year/N1,000/both. Kano, Katsina: 1 year/N10,000/both. Sokoto: 6 months/N1,000/both. 347 PC: “three days or more”. 348 PC: 3 years/fine/both. Kano, Katsina: 2 years/N20,000/both. 349 Omitted in PC. 350 PC: 2 years in addition. Bauchi, Gombe, Jigawa: 1 year in addition. Kebbi: flat 6 months/fine/both. Kaduna: ta’azir. 351 PC: 2 years in addition. Bauchi: 3 years in addition. Kano, Katsina: 2 years in addition and fine of up to N20,000. Kebbi: 18 months or fine or both. Kaduna: ta’azir. 352 PC: 3 years/fine. Bauchi: 5 years/20 lashes. Kebbi: 2 years or fine or both and up to 20 lashes. Kaduna: ta’azir. 95
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