vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
(c) to save any property from forfeiture or from any seizure or charge to which it is
liable by law or to delay the forfeiture or seizure of any property or the imposition or
enforcement of any charge upon any property,
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. 402
298. Whoever, being a public servant, and being as such public servant charged with the
preparation or translation of any document, frames or translates that document in a manner
which he knows and believes to be incorrect, intending thereby to cause 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 three years and shall also be liable to caning which may
extend to thirty lashes. 403
299. Whoever, being a public servant knowing that he is likely to cause injury to any person
or intending unlawfully to give any person an advantage makes or pronounces in any stage of
a judicial proceeding any report, order, judgment or decision which he knows to be contrary
to law, shall be punished with imprisonment for a term which may extend to three years and
shall also be liable to caning which may extend to thirty lashes. 404
300. Whoever, being a public servant authorised by law to commit persons for trial or to
confinement or to keep persons in confinement, commits any person for trial or to
confinement or keeps any person in confinement:
(a) knowing that he is acting contrary to law; and
(b) knowing that he is likely to cause injury to any person or intending unlawfully to
give any person an advantage,
shall be punished with imprisonment for a term which may extend to three years and shall be
liable to caning which may extend to thirty lashes. 405
301. Whoever, being a public servant whose duty it is as such public servant to arrest any
person or to keep any person in confinement or custody, intentionally omits to arrest such
person or intentionally suffers such person to escape or intentionally aids such person in
escaping or attempting to escape from such confinement or custody, shall be punished as
follows: 406
402 PC: 2 years or fine or both. Kano, Katsina: 2 years/20 lashes and “restitution of the property
illegally acquired by such person.” Kebbi: 2 years or fine or both and up to 20 lashes. Kaduna: ta’azir.
Gombe: as here and adds “and shall be liable to disciplinary action as regards his conduct.”
403 PC: 3 years or fine or both. Kano, Katsina: 3 years/20 lashes. Kebbi: 3 years or fine or both and up
to 30 lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall be liable to disciplinary action as
regards his conduct.”
404 PC: 7 years or fine or both. 7 years/40 lashes. Gombe, Jigawa, Kano, Katsina, Sokoto, Yobe,
Zamfara: 5 years/30 lashes. Kebbi: 5 years or fine or both and up to 30 lashes. Kaduna: ta’azir.
Gombe: adds “and shall be liable to disciplinary action as regards his conduct.”
405 PC: 7 years or fine or both. Bauchi: 7 years/30 lashes. Gombe, Jigawa, Kano, Katsina, Sokoto,
Yobe, Zamfara: 5 years/30 lashes. Kebbi: 5 years or fine or both and up to 30 lashes. Kaduna: ta’azir.
406 There is much variation in the breakdown of the punishments here. PC: (a) if the person is under
sentence of death: up to 14 years with or without fine. (b) if the person is under sentence of
imprisonment for 10 years or more or is charged with or liable to arrest for an offence punishable with
death: up to 7 years with or without fine. (c) if the person is under sentence of imprisonment for less
than 10 years or is charged with or liable to arrest for an offence punishable with imprisonment for up
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