vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES 339. Whoever accepts or attempts to obtain or agrees to accept any gratification for himself or any other person or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence or of his not proceeding against any person for the purpose of bringing him to legal punishment, 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. 472 340. Whoever gives or causes or offers or agrees to give or cause any gratification to any other person or to restore or cause the restoration of any property to any other person, in consideration of that other person's concealing an offence or of his screening any person from legal punishment for any offence or of his not proceeding against any person for the purpose of bringing him to legal punishment, 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. 473 Explanation: In sections 338 to 340 the word "offence" includes any act done outside the State which if done in the State would be an offence and the punishment for the offence shall be deemed to be the same as the punishment would be if the act were done in the State. 474 ** [Punishment for intermediary on gratification] 475 341. Whoever, knowing or having reason to believe that any person or persons are about to commit or have recently committed the offence of hirabah, 476 harbours them or any of them with the intention of facilitating the commission of such offence of hirabah or of screening them or any of them from punishment, shall be punished with the punishment provided for the offence of hirabah. 477 471 PC and Kaduna both omit this second subsection. Bauchi increases the punishment to 3 years. PC and all SPCs add the following explanation: “In this section the word ‘offence’ includes any act done outside [the state] which if done in [the state] would be an offence and the punishment for the offence shall be deemed to be the same as the punishment would be if the act were done in [the state].” PC and Sokoto also add the following illustration: “A, knowing that B has murdered [Sokoto: killed] Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment for five years and also to fine [Sokoto: caning].” 472 PC: 5 years/fine. Bauchi: 5 years/40 lashes. Jigawa, Kano: 3 years/30 lashes. Gombe, Katsina, Yobe, Zamfara: 7 years/50 lashes. Kebbi: up to 7 years or fine or both and up to 50 lashes. Kaduna: ta’azir. PC adds a subsection (2): “ This section shall not extend to any case in which the offence may be lawfully compounded”. PC and all SPCs also add the same explanation as the one to §338(b) above. 473 PC: 7 years/fine. Bauchi: 5 years/40 lashes. Gombe, Jigawa, Katsina, Yobe, Zamfara: 7 years/50 lashes. Kano: 7 years/20 lashes. Kebbi: up to 7 years or fine or both and up to 50 lashes. Kaduna: ta’azir. PC adds a subsection (2): “ This section shall not extend to any case in which the offence may be lawfully compounded”. 474 As noted, this explanation is distributed to the various individual sections in PC and all SPCs. 475 Kano and Katsina add a section here as follows: “The agent who facilitates offering gratification between the receiver and the giver shall be imprisoned for [Kano: 2 years; Katsina: 7 years] and shall also be liable to caning which shall extend to fifty lashes.” 476 PC has “robbery or brigandage” in place of “the offence of hirabah” in this section. 477 PC: up to 7 years and fine. Bauchi: up to 7 years and up to 40 lashes. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: up to 7 years and up to 50 lashes. Kano, Katsina: up to 15 years and up to 70 lashes. Kaduna: as here, except refers to section on punishment for hirabah. 116
CILS HARMONISED SHARIA PENAL CODE ANNOTATED Explanation: For the purpose of this section it is immaterial whether the hirabah is intended to be committed or has been committed within the State or elsewhere. Resistance to Arrest, and Escape 342. Whoever intentionally offers any resistance or illegal obstruction to the lawful arrest of any other person or rescues or attempts to rescue any other person from any confinement or custody in which that person is lawfully detained, shall be punished: 478 (a) with imprisonment for a term which may extend to two years or with caning which may extend to fifty lashes, or with fine; 479 and (b) if such other person is under sentence of death, 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 twenty lashes. 480 343. Whoever intentionally offers any resistance or illegal obstruction to the lawful arrest of himself for any offence with which he is charged or of which he has been convicted or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to thirty lashes. 481 344. Whoever in any case not provided for in section 343 above intentionally offers any resistance or illegal obstruction to the lawful arrest of himself or escapes or attempts to escape from any custody in which he is lawfully detained, shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to twenty lashes. 482 Fraudulent Dealings with Property 345. Whoever, with intent to prevent any property of himself or any other person or any interest therein: (a) from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced or which he knows to be likely to be pronounced by a court of justice or other competent authority; or (b) from being taken in execution of a decree or order, which has been made or which he knows to be likely to be made by a court of justice; or (c) from being distributed according to law amongst the creditors of himself or such other person; or 478 Kaduna does not divide the punishments into two sections, punishing all these offences with ta’azir. 479 PC: up to 7 years or fine or both. Bauchi: up to 7 years and up to 40 lashes. Gombe, Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: up to 5 years and up to 50 lashes. Kebbi: 5 years or fine or both and up to 50 lashes. 480 PC: up to life and fine. Bauchi: 14 years/40 lashes. Gombe, Jigawa, Yobe, Zamfara: 14 years/20 lashes. Kano: 14 years/60 lashes. Katsina: 14 years/30 lashes. Sokoto: 10 years/20 lashes. Kebbi: 7 years or fine or both and up to 20 lashes. 481 PC: up to 7 years or fine or both. Bauchi: 7 years/30 lashes. Katsina: 2 years/20 lashes. Kebbi: 2 years or fine or both and up to 30 lashes. Kaduna: ta’azir. 482 PC: up to 2 years or fine or both. Bauchi: 2 years/20 lashes. Gombe, Jigawa, Kano: 2 years/30 lashes. Kebbi: 1 year or fine or both and up to 20 lashes. Kaduna: ta’azir. Katsina omits this section entirely. 117
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