vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES term which may extend to one year or with caning which may extend to forty lashes or with fine. 437 312. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause or knowing it to be likely that he will thereby cause such public servant: (a) to do or to omit anything which such public servant ought not to do or omit if the true state of facts respecting such information is given were known by him; or (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with a term of imprisonment which may extend to one year, or with caning which may extend to thirty lashes or with fine. 438 ** [Refusing oath or affirmation when duly required by public servant to make it.] 439 313. Whoever being legally bound 440 to answer questions put to him on any subject by any public servant in the exercise of the lawful powers of such public servant, refuses to answer any such question, shall be punished with imprisonment for a term which may extend to six months or with caning which may extend to twenty lashes or with fine. 441 314. Whoever refuses to sign any statement made by him when required to sign that statement by a public servant legally competent to require that he shall sign that statement, 437 PC: up to 2 years or fine or both. Bauchi: up to 2 years and up to 40 lashes. Gombe, Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: up to 1 year and up to 40 lashes. Kebbi: up to 1 year or fine or both and up to 40 lashes. 438 PC: up to 1 year or up to £20 fine or both. Bauchi: up to 1 year and up to 40 lashes. Gombe, Jigawa, Kano, Sokoto, Yobe, Zamfara: up to 1 year and up to 30 lashes. Kebbi: up to 1 year or fine or both and up to 30 lashes. Kaduna: ta’azir. Katsina appears to have omitted some words from the published version of its statute, saying: “such person shall also be liable to caning which may extend to thirty lashes.” PC has 3 illustrations following this section, of which Sokoto includes the second: “A falsely informs a public servant that Z has contraband goods in a secret place knowing such information to be false and knowing that it is likely that the consequence of the information will be a search of Z’s premises attended with annoyance to Z. A has committed an offence under this section.” 439 PC has here a section, omitted in all SPCs, that reads as follows: “(1) Whoever refuses to bind himself by an oath or affirmation to state the truth when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty pounds or with both. (2) The provisions of this section shall not apply to a witness in a judicial proceeding who, having been called upon to take an oath or make a solemn affirmation that he will speak the truth under subsection (1) of section 229 of the Schedule to the Criminal Procedure Code Law, refuses to take such oath or make such affirmation under the provisions of section 230 of the Schedule to the Criminal Procedure Code Law.” 440 Kano, Katsina: “Whoever is legally bound . . .”. 441 PC: up to 6 months or up to £20 fine or both. Bauchi: up to 3 months and up to 10 lashes. Gombe, Jigawa, Katsina, Sokoto, Yobe, Zamfara: up to 6 months and up to 20 lashes. Kebbi: up to 6 months or fine or both and up to 20 lashes. Kaduna: ta’azir. Kano: up to 6 months and up to 30 lashes; and Kano adds a second subsection as follows: “(b) If the information which he is legally bound to give [is] in respect of the commission of an offence or is required for the purpose of preventing the commission of an offence or in order to arrest an offender 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.” 110
CILS HARMONISED SHARIA PENAL CODE ANNOTATED shall be punished with imprisonment for a term which may extend to three months or with caning which may extend to twenty lashes or with fine. 442 315. Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment for a term which may extend to six months or with caning which may extend to thirty lashes or with fine. 443 316. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant as such shall be punished with imprisonment for a term which may extend to one month or with caning which may extend to twenty lashes or with fine. 444 317. Whoever, when any property has been attached or taken by the lawful authority of any public servant, knowingly and with intent to hinder or defeat the attachment or process receives, removes, retains, conceals, or disposes of such property, shall be punished with imprisonment for a term which may extend to two years or with caning which may extend to fifty lashes or with fine. 445 318. Whoever at any sale of property held by the lawful authority of a public servant as such purchases or bids for any property on account of any person whether himself or any other, whom he knows to be under legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment for a term which may extend to six months, or with caning which may extend to thirty lashes or with fine. 446 319. Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment for a term which may extend to two years or with caning which may extend to forty lashes or with fine. 447 320. Whoever voluntarily obstructs any public servant in the discharge of his public functions under any written law or voluntarily obstructs any person engaged in the discharge of any duty imposed on him by any written law shall be punished with imprisonment for a 442 PC: up to 3 months or up to £10 fine or both. Bauchi: up to 3 months and up to 10 lashes. Gombe, Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: up to 3 months and up to 20 lashes. Kebbi: up to 3 months or fine or both and up to 20 lashes. Kaduna: ta’azir. 443 PC: up to 6 months or up to £20 fine or both. Bauchi: up to 6 months and up to 20 lashes. Gombe, Jigawa, Kano, Katsina, Yobe, Zamfara: up to 6 months and up to 30 lashes. Kebbi: up to 6 months or fine or both and up to 30 lashes. Sokoto: up to 6 months or up to 30 lashes. Kaduna: ta’azir. 444 PC: up to 1 month or up to £10 fine or both. Bauchi: up to 2 months and up to 10 lashes. Gombe, Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: up to 1 month and up to 20 lashes. Kebbi: up to 1 month or fine or both and up to 20 lashes. Kaduna: ta’azir. 445 PC: up to 3 years or fine or both. Bauchi: up to 1 year and up to 20 lashes. Gombe, Jigawa, Kano, Katsina, Yobe, Sokoto, Zamfara: up to 2 years and up to 50 lashes. Kebbi: up to 2 years or fine or both and up to 50 lashes. Kaduna: ta’azir. 446 PC: up to 1 month or up to £10 fine or both. Bauchi: up to 6 months and up to 20 lashes. Gombe, Kano, Katsina, Sokoto, Yobe, Zamfara: up to 6 months and up to 30 lashes. Jigawa: up to 1 month and up to 30 lashes. Kebbi: up to 6 months or fine or both and up to 30 lashes. Kaduna: ta’azir. 447 PC: up to 3 months or up to £20 fine or both. Bauchi, Sokoto: up 1 year and up to 40 lashes. Gombe, Jigawa, Kano, Katsina, Yobe, Zamfara: up to 2 years and up to 40 lashes. Kebbi: up to 2 years or fine or both and up to 40 lashes. Kaduna: ta’azir. 111
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Chapter 4 Part III The Centre for I
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