vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
(2) Whoever intentionally gives or fabricates false evidence in any other case, 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 forty lashes. 461
** [false evidence causing another to lose property] 462
330. (1) Whoever gives or fabricates false evidence intending thereby to cause or knowing
it to be likely that he will thereby cause any person to be convicted of an offence
which is punishable with death shall be punished with imprisonment for a term which
may extend to five years and shall also be liable to caning of sixty lashes. 463
(2) If an innocent person is convicted and executed in consequence of such false
evidence, the person who gave or fabricated such false evidence shall be punished
with qisas. 464
(3) If an innocent person is convicted and is caused to suffer the punishment of
amputation in consequence of such false evidence, the person who gave or fabricated
such false evidence shall be punished with qisas. 465
331. Whoever gives or fabricates false evidence intending thereby to cause or knowing it to
be likely that he will thereby cause any person to be convicted of an offence which is not
punishable with death but is punishable with any term of imprisonment or caning 466 shall be
punished as a person convicted of that offence would be liable to be punished.
332. Whoever uses or attempts to use as true or genuine evidence any evidence which he
knows to be false or fabricated, shall be punished in the same manner as if he gave or
fabricated false evidence.
333. Whoever issues or signs any certificate required by law to be given or signed or
relating to any fact of which such certificate is legally admissible in evidence knowing or
believing that such certificate is false in any material point, shall be punished in the same
manner as if he gave false evidence.
334. Whoever uses or attempts to use any certificate 467 as a true certificate knowing the
same to be false in any material point, shall be punished in the same manner as if he gave
false evidence.
335. (1) Whoever in any declaration made or subscribed by him, which declaration any
court of justice or any public servant or other person is bound or authorised by law to
receive as evidence of any fact, makes any statement which is false and which he
461 PC: 7 years/fine. Bauchi, Gombe, Jigawa, Kano, Yobe, Zamfara: 5 years/40 lashes. Katsina: 10
years/60 lashes. Sokoto: 2 years/20 lashes. Kebbi: 2 years or fine or both and up to 40 lashes. Kaduna
omits this subsection altogether. Gombe, no doubt in error, puts it as a separate section.
462 Kebbi adds a third subsection here, as follows: “(3) Whoever intentionally gives or fabricates false
evidence and cause another person to lose his property shall pay an amount equal to the lost property.”
PC adds an illustration omitted here and in all SPCs.
463 PC: life/fine. Bauchi: 15 years/40 lashes. Jigawa, Kano, Kebbi, Sokoto, Yobe, Zamfara: 10 years/60
lashes. Katsina: 6 months/60 lashes. Kaduna: ta’azir. Gombe, no doubt in error, has what is subsection
(2) of the previous section here and in all other codes, as the first unnumbered section of this one.
464 PC: death.
465 PC omits this subsection.
466 PC: “punishable with any term of imprisonment for a term of seven years or upwards”.
467 PC and all SPCs except Kano and Katsina: “any certificate mentioned in [the previous section]”.
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