vol_4_4_chapter_4_part_III

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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. 98
CILS HARMONISED SHARIA PENAL CODE ANNOTATED believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain or that the goods contained in such receptacle are of a nature of quality different from the real nature of quality thereof, shall, unless he proves that he acted without intent to defraud, 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. 370 268. Whoever makes use of any such false mark in any manner prohibited by section 267 shall unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section. 269. Whoever removes, destroys, defaces or adds to any property mark intending or knowing it to be likely that he may thereby cause injury to any person, 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 fifty lashes. 371 Criminal Breach of Contract of Service 270. Whoever, being bound by a lawful contract to render his personal service in conveying or conducting any person or any property from one place to another place or to act as servant to any person during a voyage or journey or to guard any person or property during the voyage or journey, voluntarily omits so to do, except in the case of illness or ill-treatment, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. 372 271. Whoever, being bound by a lawful contract to attend on or to supply the wants of any person, who by reason of youth or of unsoundness of mind or of disease or bodily weakness is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. 373 Breach of Official Trust 272. Whoever, by reason or by means of his employment as a public servant acquires any information in respect of which he is under an obligation of secrecy express or implied and at any time communicates or attempts to communicate such information to any person to whom the same ought not in the public interest to be communicated at that time, 374 is said to commit a breach of official trust. 273. Whoever commits a breach of official trust shall: 370 All SPCs except Kaduna and Yobe confuse the caption of this section with that of the previous section. As to punishments: PC: 3 years or fine or both. Bauchi: 3 years/15 lashes. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 2 years or fine or both. Kano, Katsina: 2 years or N20,000 or both. Kaduna: ta’azir. 371 PC, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 1 year or fine or both. Bauchi: 1 year/10 lashes. Kano, Katsina: 1 year or N10,000 or both. Kaduna: ta’azir. 372 PC: 1 month or £5 or both. Bauchi: 6 months/5 lashes. Kano, Katsina: 1 year or N10,000 or both. Kaduna: ta’azir. PC also has 3 illustrations and one explanation, omitted in all SPCs. 373 PC: 3 months or £10 or both. Bauchi: “shall (a) pay compensation in a case of negligence and diyah where applicable, and (b) shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning of ten lashes.” Kano, Katsina: 1 year or N10,000 or both. Kaduna: ta’azir. 374 Kano, Katsina: “to whom he is not authorised to make the communication”. 99
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