vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES restore, or to cause the restoration of any property or document of title, 353 shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to fifty lashes. 354 Forgery 251. A person is said to make a false document: (a) who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document or makes any mark denoting the execution of a document with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed [by or by the authority of a person by whom or by whose authority he knows that it was not made, signed sealed or executed] 355 or at a time at which he knows that it was not made, signed, sealed or executed; or (b) who without lawful 356 authority dishonestly or fraudulently by cancellation or otherwise alters a document in any material part thereof after it has been made or executed either by himself or by any other person whether such person be living or dead at the time of such alteration; or (c) who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document knowing that such person by reason of unsoundness of mind or intoxication cannot or that by reason of deception practised upon him he does not know the contents of the document or the nature of the alteration. 252. Whoever makes any false document or part of a document, with intent to cause damage or injury to the public or to any person or to support any claim or title or to cause any person to part with property or to enter into any express or implied contract or with intent to commit fraud or that fraud may be committed, commits forgery; and a false document made wholly or in part by forgery is called a forged document. 357 253. Whoever commits forgery shall be punished with imprisonment for a term which may extend to five years or with fine or with both. 358 254. Whoever forges: (a) a thing which purports to be the public seal of Nigeria or of any State of Nigeria or the great or privy seal of any country or the seal of the President or a Governor of a State or a Chairman of a Local Government Council; 359 or 353 PC inserts here: “or to satisfy any claim or demand or to give information which may lead to the restoration of any property or document of title”. 354 PC: 2 years/fine. Bauchi: 2 years/40 lashes. Kebbi: 2 years or fine or both and up to 20 lashes. Kaduna: ta’azir. 355 Sokoto omits the bracketed language. 356 Katsina omits “lawful”. 357 PC adds here two explanations and sixteen illustrations. 358 PC: 14 years/fine/both. Kano, Katsina: 5 years/N50,000/both. Kaduna: ta’azir. 359 PC makes extensive reference here to seals of the UK. Gombe, Jigawa, Kebbi, Sokoto, Yobe: “privy seal of any country of the Commonwealth”. Gombe, Jigawa, Kaduna, Kebbi, Sokoto, Yobe, Zamfara omit “or a Chairman of a Local Government Council”. Yobe puts instead: “or any Government or Organisation”. 96
CILS HARMONISED SHARIA PENAL CODE ANNOTATED (b) a document having on it or affixed to it any such seal signet or sign manual, or anything which purports to be or is intended by the person to be understood to be, any such seal, signet or sign manual, shall be punished with imprisonment for a term of five years and shall also be liable to fine. 360 255. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document. 256. Whoever makes or counterfeits any seal, plate or other instrument for making an impression intending that the same shall be used for the purpose of committing forgery or with such intent has in his possession any such seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 361 257. Whoever has in his possession any forged document knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 362 258. Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material or who with such intent has in his possession any material upon or in the substance of which any device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 363 259. Whoever fraudulently or dishonestly or with intent to cause damage or injury to the public or to any person cancels, destroys or defaces or attempts to cancel, destroy or deface or secretes or commits theft in respect of any document which is or purports to be a document of title or a will or commits mischief in respect to any such document, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to fifty lashes with fine. 364 260. Whoever, being a clerk, officer or servant or employed or acting in the capacity of a clerk, officer or servant, wilfully and with intent to defraud destroys, alters, mutilates or falsifies any book, paper, writing, document of title or account, which belongs to or is in the 360 PC: up to life/fine. Bauchi: 15 years/fine. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 14 years/fine. Kano, Katsina: 14 years/N140,000. Kebbi: 14 years or fine or both. Kaduna: ta’azir. 361 PC: 14 years/fine. Bauchi: 15 years/40 lashes. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 5 years/fine. Kano, Katsina: 5 years/N50,000/both. Kebbi: 5 years/fine or up to 40 lashes. Kaduna: ta’azir. 362 PC: 14 years/fine. Bauchi: 15 years/40 lashes. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 5 years/fine. Kano, Katsina: 5 years/N50,000/both. Kebbi: 5 years/fine or both. Kaduna: ta’azir. 363 PC: 14 years/fine. Bauchi: 15 years/15 lashes. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 5 years/fine. Kano, Katsina: 5 years/N50,000. Kebbi: 5 years and may be liable to fine or both. Kaduna: ta’azir. 364 PC: 14 years/fine. All SPCs except Kaduna: “shall be punished: (a) with amputation, where the value of the title amounts to nisab; or (b) in other cases, with . . .”: Bauchi: 15 years/40 lashes. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 5 years/fine. 5 years/N50,000. Kebbi: 5 years or fine or both. Kaduna punishes all offences under this section with ta’azir. 97
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