vol_4_4_chapter_4_part_III

More documents

Recommendations

Info

CHAPTER 4: THE SHARIA PENAL CODES (d) from being available according to law for payment of the debts of himself or such other person, dishonestly or fraudulently removes or conceals or assists in removing or concealing such property or dishonestly or fraudulently transfers, delivers or releases such property or any interest therein to any person or practices any deception touching the same or accepts or dishonestly or fraudulently accepts, receives or claims such property or any interest therein, knowing that he has no right or rightful claim thereto, shall be punished with imprisonment for a term which may extend to six months, or with fine [sic: caning] which may extend to twenty lashes or with both. 483 Explanation: In this section "property" includes rights of action and property of every other description whether movable or immovable and whether corporeal or incorporeal. 484 346. Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied or for anything in respect of which it has been satisfied, shall be punished with imprisonment for a term which may extend to two years or with fine or with both. 485 347. Whoever fraudulently obtains a decree or order against any person for sum not due or for a larger sum than is due or for any property or interest in property to which he is not entitled or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment for a term which may extend to two years or with fine or with both. 486 348. Whoever dishonestly or fraudulently signs, executes or becomes a <strong>part</strong>y to any deed or instrument, which purports to transfer or subject to any charge any property or any interest therein and which contains any false statement relating to the consideration for such transfer or charge or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished: 487 483 PC, Gombe: 2 years/fine/both. Bauchi, Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: 1 year/20 lashes/both. Kebbi: 1 year or fine or both or up to 20 lashes or both. Kaduna: ta’azir. 484 Gombe, Kano, Katsina omit this explanation. 485 Kano: 2 years/N50,000 fine/both and forfeiture of property acquired fraudulently. Katsina: as Kano, but omits forfeiture provision. Kaduna: ta’azir. Sokoto adds a proviso: “Nothing shall preclude the court from ordering for payment of restitution.” PC and Sokoto add an illustration: “A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.” Gombe omits this section entirely. 486 Kano, Katsina: 2 years/N50,000 fine/both and forfeiture of property acquired fraudulently. Kaduna: ta’azir. Gombe omits this section entirely. 487 PC, Bauchi, Kaduna do not divide the punishments into two subsections, punishing as follows: PC, Bauchi: 2 years or fine or both. Kaduna: ta’azir. 118
CILS HARMONISED SHARIA PENAL CODE ANNOTATED (a) with imprisonment for a term which may extend to one year or with fine or with both; 488 or (b) with caning which may extend to twenty lashes. 489 Miscellaneous 349. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished: 490 (a) with imprisonment for a term which may extend to six months or with fine or with both; 491 or (b) with caning which may extend to thirty lashes. 350. Whoever falsely personates another, whether that other is an actual or fictitious person, and in such assumed character makes any admission or statement, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished: 492 (a) with imprisonment for a term which may extend to one year; 493 or (b) with caning which may extend to thirty lashes or with fine or with both. 494 351. Whoever with intent to cause injury to any person institutes or causes to be instituted any criminal proceeding against that person or falsely charges any person with having committed an offence knowing that there is not just or lawful ground for such proceeding or charge against that person, shall be punished: 495 (a) with imprisonment for a term which may extend to two years or with fine or with both and twenty lashes; 496 and (b) where such criminal proceeding is instituted on a false charge of an offence punishable with death or imprisonment for three years or upwards, 497 with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes. 498 352. Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been 488 Kano, Katsina: 2 years/N20,000 fine/both. 489 Gombe, Kano, Katsina: 30 lashes. 490 PC, Kaduna do not divide the punishments into two subsections, punishing as follows: PC: 2 years or fine or both. Kaduna: ta’azir. 491 Kano, Katsina: 6 months/N5,000 fine/both. 492 PC, Kaduna do not divide the punishments into two subsections, punishing as follows: PC: 3 years or fine or both. Kaduna: ta’azir. 493 Bauchi: 2 years. Kano, Katsina: 2 years/up to N20,000/both. 494 Kano, Katsina: up to 45 lashes. 495 Kaduna does not divide the punishments into subsections, punishing all these offences with ta’azir. 496 PC, Bauchi, Gombe, Jigawa, Sokoto, Yobe, Zamfara: 2 years/fine/both. Kano, Katsina: 2 years/N20,000 fine/both. 497 PC, Gombe, Jigawa, Kano, Kebbi, Sokoto, Yobe, Zamfara: 7 years or upwards. Bauchi: 1 year or upwards. Katsina: any offence punishable with imprisonment. 498 PC: 7 years or fine or both. Kano: 3 years/40 lashes. Katsina: 3 years/20 lashes. 119
Page 1 and 2:
Chapter 4 Part III The Centre for I
Page 3 and 4:
CILS HARMONISED SHARIA PENAL CODE A
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36: CILS HARMONISED SHARIA PENAL CODE A
Page 55 and 56: 205. Whoever abets: CILS HARMONISED
Page 85: CILS HARMONISED SHARIA PENAL CODE A
Page 107: CILS HARMONISED SHARIA PENAL CODE A
show all

vol_4_4_chapter_4_part_III

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?