vol_4_4_chapter_4_part_III

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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. 128
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 383. Whoever commits mischief by maiming or rendering useless 588 any animal or animals 589 shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to thirty-five lashes. 590 384. Whoever commits mischief by doing any act which renders or which he knows to be likely to render any installation for the supply or distribution of water less efficient for its intended purpose or which causes or which he knows to be likely to cause a diminution of the supply of water for animals which are the subject of ownership or for any domestic, agricultural or commercial purpose shall be punished with imprisonment for a term which may extend to two years or with fine and in either case shall be liable to caning which may extend to fifty lashes. 591 385. Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel natural or artificial or pipeline 592 impassable or less safe for travelling or conveying property, shall be punished with imprisonment for a term which may extend to five years or with fine and caning which may extend to fifty lashes. 593 386. Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage system attended with injury or damage, shall be punished with imprisonment for a term which may extend to five months and shall also be liable to caning which may extend to twenty-five lashes. 594 387. Whoever commits mischief by doing any act, which renders or which he knows to be likely to render any installation for generating, storing, transmitting or distributing electricity or any telegraph or telephone installation less efficient for its intended purpose or which causes or which he knows to be likely to cause a diminution of any supply of electricity, 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 fifty lashes. 595 388. Whoever commits mischief by destroying or moving any level mark 596 fixed by the authority of a public servant or by any act which renders such land mark less useful as such, 588 PC and all SPCs except Kaduna: “by killing, poisoning, maiming or rendering useless”. 589 PC: “any camel, horse, donkey, mule, bull, cow, or ox whatever may be the value thereof”. Bauchi: “any domestic animal or animals”. 590 PC: 5 years or fine or both. Bauchi: 7 years/40 lashes. Kano: 1 year/20 lashes “and the court shall order compensation or restitution of the animal.” Katsina as here, but adds the compensation/restitution provision as Kano. Kaduna: ta’azir. 591 PC: 5 years/fine/both. Bauchi: 10 years/fine/40 lashes. Gombe, Kebbi, Sokoto, Yobe: 5 years/fine/35 lashes. Jigawa: 3 years/35 lashes. Zamfara: “for a term which and in either case shall be liable to caning which may extend to 35 lashes” [sic]. Kano: up to 5 years and up to 45 lashes, “in addition the court shall order compensation.” Katsina as Kano but omits compensation provision. Kaduna: ta’azir. 592 Only Kaduna includes “or pipeline”. 593 PC, Kebbi, Sokoto, Yobe, Zamfara: up to life or fine or both. Bauchi: 10 years/fine/both. Gombe: up to 14 years. Jigawa: 5 years/35 lashes. Kano: exactly 10 years or exactly N100,000 fine or both. Katsina: up to 10 years or exactly N100,000 fine or both. Kaduna: ta’azir. 594 PC: 5 years or fine or both. Bauchi: 5 years/40 lashes. Kano: 1 year/75 lashes. Katsina: 5 years/75 lashes. Sokoto: 5 years/25 lashes. Kaduna: ta’azir. 595 PC: 5 years or fine or both. Bauchi: 21 years/40 lashes. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 5 years/30 lashes. Kaduna: ta’azir. Kano and Katsina omit this section entirely. 596 PC and Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: “land mark”. 129
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