vol_4_4_chapter_4_part_III

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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]”. 114
CILS HARMONISED SHARIA PENAL CODE ANNOTATED neither knows nor believes to be false or does not believe to be true, 468 touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence. (2) Whoever uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Explanation: A declaration, which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of this section. 336. Whoever knowingly makes a false translation of the evidence of a witness or of the statement of an accused person or of a <strong>part</strong>y to a civil suit or makes a false translation or copy of any document with the intention that such translation or copy shall be used in any manner in any judicial proceeding or knowing that it is likely to be so used, and whoever knowingly uses such translation or copy in any manner in any judicial proceeding, shall be punished in the same manner is if he gave false evidence. 337. Whoever secretes or destroys any document, which he may be lawfully compelled to produce as evidence in a court of justice or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any <strong>part</strong> of such document with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to fifty lashes. 469 Screening of Offenders 338. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of the offence to disappear with the intention of screening the offender from legal punishment, or with a like intention of intending to prevent his arrest gives any information respecting the offence which he knows or believes to be false or harbours or conceals a person whom he knows or has reason to believe to be the offender shall be punished: (a) with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to forty lashes; 470 and (b) in addition where the offender causes evidence to disappear the offender shall be caused to remit the evidence so caused to disappear or be punished with an additional term of imprisonment which may extend to one year. 471 468 PC: “which is false and which he either knows or believes to be false or does not believe to be true”. But all SPCs except Katsina, Kebbi, Sokoto, and Yobe are as here. Katsina: “which is false or does not believe to be true”. Kebbi, Sokoto, Yobe: “which is false and which he neither knows or believes to be false or does not believe to be true”. 469 PC: 2 years or fine or both. Bauchi: 7 years/40 lashes. Kebbi: up to 5 years or fine or both and up to 50 lashes. Kaduna: ta’azir. Katsina’s code probably intends 5 years/50 lashes but the words “shall also be liable to caning which may extend to fifty lashes” are missing. 470 PC: 5 years/fine. Kano: 2 years/20 lashes. Kebbi: up to 5 years or fine or both and up to 40 lashes. Kaduna with ta’azir. 115
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