vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
vol_4_4_chapter_4_part_III
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CHAPTER 4: THE SHARIA PENAL CODES<br />
293. Whoever being a public servant accepts or obtains or agrees to accept or attempts to<br />
obtain for himself or for any other person any valuable thing without consideration or for a<br />
consideration which he knows to be inadequate:<br />
(a) from any person whom he knows to have been or to be or to be likely to be<br />
concerned in any proceeding or business transacted or about to be transacted by such<br />
public servant or having any connection with the official functions of himself or of<br />
any public servant to whom he is subordinate; or<br />
(b) from any person whom he knows to be interested in or related to the person so<br />
concerned,<br />
shall be punished with imprisonment for a term which may extend to three years and shall<br />
also be liable to caning which may extend to thirty lashes. 398<br />
294. Whoever in any of the circumstances mentioned in section 293 offers or gives or<br />
agrees to give to any public servant or to any person, in whom a public servant is interested<br />
or to whom he is related, any valuable thing without consideration or for a consideration<br />
which he knows to be inadequate, shall be punished with imprisonment for a term which<br />
may extend to three years and shall also be liable to caning which may extend to thirty<br />
lashes. 399<br />
295. Whoever knowingly profits by any gratification or benefit obtained in any of the<br />
circumstances mentioned in sections 289, 290 or 293 but does not take any active <strong>part</strong> in<br />
obtaining such gratification or benefit, shall be punished with imprisonment for a term which<br />
may extend to one year and shall also be liable to caning which may extend to twenty<br />
lashes. 400<br />
296. Whoever being a public servant in his capacity as such dishonestly receives from any<br />
person any money or other property which he is not authorised to receive or which is in<br />
excess of the amount which he is authorised to receive shall be punished with imprisonment<br />
for a term which may extend to two years and shall be liable to caning which may extend to<br />
twenty lashes. 401<br />
297. Whoever being a public servant knowingly disobeys any direction of the law as to the<br />
way in which he is to conduct himself as such public servant intending thereby or knowing<br />
himself to be likely thereby:<br />
(a) to cause injury to any person or to the public; or<br />
(b) to save any person from legal punishment or to subject him to a less punishment<br />
than that to which he is liable or to delay the imposition on any person of any legal<br />
punishment; or<br />
398 PC: 5 years or fine or both. Bauchi: 5 years/30 lashes. Kano, Katsina: 3 year or 30 lashes or both.<br />
Kebbi: 3 years or fine or both and up to 30 lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall<br />
be liable to disciplinary action as regards his conduct.”<br />
399 PC: 2 years or fine or both. Bauchi: 3 years/40 lashes. Kebbi: 3 years or fine or both and up to 30<br />
lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall be liable to disciplinary action as regards<br />
his conduct.”<br />
400 PC: 1 year or fine or both. Bauchi: 6 months/20 lashes. Jigawa: 1 year/30 lashes. Kebbi: 1 year or<br />
fine or both and up to 20 lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall be liable to<br />
disciplinary action as regards his conduct.”<br />
401 PC: 5 years of fine or both. Bauchi: 2 years/40 lashes. Kebbi: 2 years or fine or both and up to 20<br />
lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall be liable to disciplinary action as regards<br />
his conduct.”<br />
104