vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
out the duties of a police officer, with imprisonment for a term which may extend to
five years and shall also be liable to caning which may extend to fifty lashes. 393
Explanation 1:
If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is a
about to be in office and that he will serve them, he may be guilty of cheating but he is not guilty of an
offence under this section.
Explanation 2:
A public servant who receives a gratification as a motive for doing what he does not intend to do or as a
reward for doing what he has not done, is guilty of an offence under this section.. 394
290. Whoever accepts or obtains or agrees to accept or attempts to obtain from any person
for himself or for any other person any gratification whatever whether pecuniary or
otherwise or as a motive or reward for inducing by corrupt or illegal means any public
servant:
(a) to do or forbear to do any official act; or
(b) in the exercise of the official functions of such public servant to show favour or
disfavour to any person; or
(c) to render or attempt to render any service or disservice to any person with any
department of the public service or with any public servant as such,
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 twenty lashes. 395
291. Whoever being a public servant, in respect of whom an offence under section 290 is
committed, abets the offence, shall be punished with imprisonment for a term which may
extend to two years and shall on conviction, be liable to the punishment provided for such
offence. 396
292. Whoever offers or gives or agrees to give any gratification whatever whether pecuniary
or otherwise in the circumstances and for any of the purposes mentioned in sections 289 and
290 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 thirty lashes and in either case shall also be
liable to fine. 397
393 PC: 14 years or fine or both. Bauchi: 15 years/40 lashes. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 7
years/50 lashes. Kano, Katsina: 14 years/70 lashes. Kebbi: 7 years or fine or both and 50 lashes.
Kaduna: ta’azir. Gombe uniquely adds: “and shall be liable to disciplinary action as regards his
conduct.”
394 Gombe omits both explanations. PC adds 3 illustrations omitted in all SPCs.
395 PC: 3 years or fine or both. Bauchi: 3 years/40 lashes. Kebbi: 2 years or fine or both and 20 lashes.
Kaduna: ta’azir. Gombe uniquely adds: “and shall be liable to disciplinary action as regards his
conduct.”
396 PC: 3 years or fine or both. Bauchi: 3 years/20 lashes. Gombe: 2 years/30 lashes “and shall be liable
to disciplinary action as regards his conduct.” Jigawa, Sokoto, Yobe, Zamfara: 2 years/20 lashes. Kano,
Katsina: “shall on conviction, be liable to the punishment provided for such offence.” Kebbi: 2 years
or fine or both. Kaduna: ta’azir.
397 PC: 3 years or fine or both. Bauchi: 3 years/40 lashes “and in either case shall also be liable to fine.”
Kano, Katsina: 7 years. Kebbi: 2 years or fine or both “and may be liable to 30 lashes.” Kaduna: ta’azir.
Gombe: as here and adds “and shall be liable to disciplinary action as regards his conduct.”
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