vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
379. Whoever is convicted as being an incorrigible vagabond shall be punished with
imprisonment for a term which may extend to two years and shall be liable to caning which
may extend to fifty lashes. 581
** [Prohibition of praise singing, drumming, begging, playing cards, etc.] 582
380. For the purposes of this chapter in proving the intent to commit an offence it shall
not be necessary to show that the person suspected was guilty of any particular act tending to
show this purpose or intent and 583 he may be convicted if from the circumstances of the case
and from his known character as proved to the court before which he is brought it appears
to the court that his intent was to commit such offence. 584
Illustration: 585
A man who has been convicted of theft is found by night crouching in the shadow of a locked shop and
seeing a policeman at once runs away. He is arrested in possession of a large bundle of keys. It need not
be shown that he was trying the keys or attempting to enter the shop.
Mischief
381. Whoever, with intent to cause or knowing that he is likely to cause wrongful loss or
damage to the public or to any person causes the destruction of any property or any such
change in any property or in the situation thereof as destroys or diminishes its value or utility
or affects it injuriously, commits mischief. 586
382. Whoever commits mischief shall be punished with imprisonment for a term which
may extend to one year or with fine or with caning which may extend to thirty lashes or with
any two of the above. 587
581 PC: 2 years or fine or both. Bauchi: 2 years/40 lashes. Kano: 1 year/50 lashes. Kaduna: ta’azir.
582 Bauchi inserts at this point the following provision (§376 of the Bauchi Sharia Penal Code):
“Prohibition of praise singing, drumming, begging, playing cards, etc. Any person who in any street or
place of public resort or within sight or hearing of any person or in any social, public or private
ceremony, engages in praise singing (roko), begging (bara), playing cards (karta), wasan maciji, wasa da
kura, wasan wuta, wasan wuka, wasan bori, etc. is guilty of an offence and liable on conviction to
imprisonment for a term which may extend to one year and a fine of not less than N5,000.00 and shall
also be liable to canning of twenty lashes.”
583 All SPCs have “or he may be convicted” instead of “and”.
584 Kano and Katsina omit this section entirely.
585 No SPC has this illustration.
586 PC, Kano, Katsina, Sokoto have two explanations following this section, as follows: (1) “It is not
essential to the offence of mischief that the offender should intend to cause loss or damage to the
owner of the property injured or destroyed. It is sufficient if he intends to cause or knows that he is
likely to cause wrongful loss or damage to any person by injuring any property whether it belongs to
that person or not.” (2) “Mischief may be committed by an act affecting property belonging to the
person who commits the act or to that person and other jointly.” PC adds 5 illustrations, of which
Sokoto has two: “(a) A voluntarily burns a document of title belonging to Z intending to cause
wrongful loss to Z. A has committed mischief. (b) A causes cattle to enter upon a field belonging to Z
intending to cause or knowing that he is likely to cause damage to Z’s crop. A has committed
mischief.”
587 PC: 2 years/fine/both. Katsina, Sokoto as above, but omit “or with any two of the above”. Kaduna:
ta’azir.
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