vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
possession of his employer or has been received by him for or on behalf of his employer, or
wilfully and with intent to defraud makes or abets the making of any false entry in or omits
or alters or abets the omission or alteration of any material particular from or in any such
book, paper, writing, document of title or account, 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 with fine. 365
Property and Other Marks
261. A mark used for denoting that movable property belongs to a particular person is
called a property mark.
262. Whoever marks any movable property or goods or uses any case, package or other
receptacle containing movable property or goods or uses any case, package or other
receptacle having any mark thereon in a manner reasonably calculated to cause it to be
believed that the property or goods so marked or any property or goods contained in any
such receptacle so marked belong to a person to whom they do not belong, is said to use a
false property mark.
263. Whoever uses any false property mark shall, unless he proves that he acted without
intent to defraud, be punished with imprisonment for a term which may extend to six
months and may also be liable to caning which may extend to twenty-five lashes with fine. 366
264. Whoever counterfeits any property mark shall be punished with imprisonment for a
term which may extend to six months and may also be liable to caning which may extend to
twenty-five lashes with fine. 367
265. Whoever counterfeits any property mark used by a public servant or any mark used by
a public servant to denote that any property has been manufactured by a particular person or
at a particular time or place that the property is of a particular quality or has passed through a
particular office or that it is entitled to any exemption or uses as genuine any such mark
knowing the same to be counterfeit, 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. 368
266. Whoever makes or has in his possession any die, plate or other instrument for the
purpose of counterfeiting a property mark or has in his possession a property mark for the
purpose of denoting that any goods belong to a person to whom they do not belong, 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 thirty lashes with fine. 369
267. Whoever makes any false mark upon any case, package or other receptacle containing
goods in a manner reasonably calculated to cause any public servant or any other person to
365 PC: 7 years or fine or both. Bauchi: 5 years/20 lashes. Gombe, Jigawa, Kebbi, Sokoto, Yobe,
Zamfara: 5 years or fine or both. Kano, Katsina: 5 years or N50,000 or both. Kaduna: ta’azir.
366 PC, Bauchi, Gombe, Kano, Katsina, Kebbi, Sokoto, Yobe, Zamfara: 1 year or fine or both. Gombe:
2 years or fine or both. Kaduna: ta’azir. Jigawa omits this section entirely: its caption, “Punishment for
using a false property mark”, is attached in the Jigawa SPC to the section on “Counterfeiting a
property mark used by another”, here §264.
367 PC, Gombe, Jigawa, Kebbi, Sokoto, Zamfara : 2 years or fine or both. Bauchi: 2 years/10 lashes.
Kano, Katsina: 2 years or N20,000 or both. Yobe: 1 year or 50 lashes or both. Kaduna: ta’azir.
368 PC, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 3 years/fine. Bauchi: 3 years/10 lashes. Kano,
Katsina: 3 years/N30,000. Kaduna: ta’azir.
369 PC, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 3 years or fine or both. Bauchi: 3 years/15
lashes. Kano, Katsina: 3 years or N30,000 or both. Kaduna: ta’azir.
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