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Law and Justice Commission of Pakistan |
Enhancement
of Punishments of Fine
under the Pakistan Penal Code
Report No. 39
Enhancement of Punishments of Fine
under
the Pakistan Penal Code
The Pakistan Penal Code (hereinafter referred to as Penal Code) enacted in 1860, defines offences and specifies punishments thereof. The Code extends to the offences committed with in Pakistan, however, it also extends to offences committed beyond Pakistan, if any law for the time being provides that such offences shall be dealt in the same manner as committed within Pakistan. The principal object of punishment is to prevent repetition of commission of such offence. The measure of punishments may, therefore, be revised from time to time according to the nature or form of a particular crime and other circumstances relating thereto. There are various capital and small punishments provided for offences under the Penal Code and fine is one of such punishments which is awarded to the offender either separately or combined with other punishment. For some offences, no limit is specified to which a punishment of fine may extend and in such cases the trial court exercises its discretion while awarding fine prescribed without limit. However, there are 52 offences for which a specified amount of fine has been provided in the Penal Code, to be imposed on the offender by the court. Most of this specified amount of fines was fixed keeping in view the value of currency when the Penal Code was enacted in 1860 which have not been revised and with the passage of time and constant devaluation of currency, the element of deterrence disappeared from the punishment of fines specified for various offences. At the time of enactment of the Penal Code these penalties were presumed harsh to curb the crime but today, they do not commensurate with the gravity of the offence under the given circumstances and as such require to be revised by increase in the prescribed amount of fines.
In order to rationalized the quantum of fines a proposal for revision of fines specified in the Penal Code was laid before the Law Commission by the Secretariat.
Commission’s Deliberation
The Commission in its meeting held on 30th March 2002, considered the proposal of enhancing the quantum of maximum punishment of fines prescribed for various offences under the Pakistan Penal Code1860. The members were of the view that fines were fixed long time ago and due to devaluation of currency with the passage of time, have become inadequate. They emphasized that laws need to be reviewed periodically to ensure that they remain updated and maintain their effect for which they are enacted, and realizing their objectives. The Commission, therefore, approved the proposal of rationalizing the amount of fines prescribed under various Sections of the Penal Code under a uniform formula of two-fold enhancement of the amount of fine of 52 offences of the Penal Code to restore their deterrent effect. The Commission also approved consequential amendment in the Second Schedule to the Code of Criminal Procedure 1898 and recommended to the Government to give it legislative effect.
The Comparative Statement of provisions of the Pakistan Penal Code showing the existing amount of fines and the proposed enhancement as well as enhancement in Schedule-II of the Code of Criminal Procedure is at appendix-I. The draft Amending Ordinance is at Appendix-II
Sections of the
Description
of offences
Existing punishments
Proposed punishments
Pakistan Penal
Code
| 137 | Deserter concealed on board merchant vessel through negligence of master. | Not exceeding five hundred rupees. | one thousand five hundred rupees. |
| 140 | Wearing garb or carrying token used by soldier, sailor or airman. |
(i) three
months.
(ii) five hundred rupees
|
(i) No
change (ii) one thousand five hundred rupees
|
| 154 | Owner or
occupier off and on which one thousand rupees an unlawful assembly is
held.
|
One thousand rupees. | three thousand rupees. |
| 160 | Punishment for committing affray |
i) one
month. |
(i) No
change |
| 171 | Wearing garb or carrying token used by public servant with fraudulent intent. |
(i) three
months.
|
(i)
No change
|
| 171H | Illegal payments in connection with an election | five hundred rupees | one thousand
five hundred rupees
|
| 172 |
(i) Absconding to avoid service of (ii) summons or other proceeding. (iii)Avoid
to attend in person or |
(i) one
month. (ii) five hundred rupees. (iii) six
months. |
(i)
No. change (ii)
one thousand five hundred rupees (iii)No
change (iv) three thousand rupees
|
| 173 |
(i)Preventing
service of summons or (ii)
other proceeding or prevent publication thereof. (iii)
Avoid to attend in person or to |
(i) one
month (ii) five
hundred rupees. (iii) six
months. |
(i)
No change (ii) one
thousand five hundred rupees (iii)
No change
|
| 174 | (i)
Non-attendance in obedience to (ii) an order from public servant.
(iii)
Avoid to attend in person or to |
(i) one
month
(iii) six
months.
|
(i)
No change (iii)
No change
|
| 175 |
(i) Omission to produce document (ii) to
public servant by person
legally bound to produce.
(iii) if
omit to produce document.
|
i) one
month. (ii) five
hundred rupees.
iii) six
months.
|
(i) No
change (ii)
one thousand five hundred rupees (iii)
No change |
| 176 |
(i)
Omission to give notice or (ii)
information to public servant by
person legally bound to give it. (iii) if
the notice or information (iv)
required respects the
commission of an offence, etc. (v) if
the notice or information is
required by the order passed (vi)
under Sub-section (1) of Section
|
(i) one
month. (ii) five
hundred rupees. (iii) six
months. (iv) one
thousand rupees. (v) six
months.
|
(i) No
change (ii)
one thousand five hundred rupees. (iii)
No change (iv)
three thousand rupees.
(v) No
change (vi) three thousand rupees.
|
| 177 | Furnishing false information |
(i) six
months |
(i) No
change
|
| 178 | Refusing oath or affirmation when duly required by public servant to make it. |
(i) six
months.
|
(i) No
change (ii)
three thousand rupees.
|
| 179 | Refusing to answer public servant authorised to question. |
(i) six
months.
|
(i) No
change
|
| 180 | Refusing to sign statement |
(i)
three months
|
(i) No
change (ii)
one thousand five hundred rupees. |
| 182 | False information with intent to cause public servant to use his lawful power to the injury of another person |
i) six
months.
|
(i) No
change
|
| 183 | Resistance to the taking or property by the lawful authority of a public servant |
(i) six
months.
|
(i) No
change
|
| 184 | Obstructing sale of Property offered for sale by authority of Public servant. |
(i) one
month
|
(i) No
change (ii)
three hundred rupees
|
| 186 | Obstructing public servant to discharge of public functions |
(i) three months. (ii) five hundred rupees
|
(i) No change
|
| 187 |
(i)
Omission to assist public servant (ii)
when bound by law to give assistance. (iii)
Omission to assist public servant.
|
(i) one month.
(ii) two hundred rupees.
(iii) six
months,
|
(i) No
change (ii)
six hundred rupees. (iii)
No change (iv)
one thousand five hundred
rupees.
|
| 188 |
(i)
Disobedience to order duly. (ii)
promulgated by public servant. (iii)
Disobedience causes danger. |
(i) one
month. (ii) two
hundred rupees. (iii) six
months.
|
(i) No
change (ii)
six hundred rupees. (iii)
No change (iv)
three thousand rupees.
|
| 288 | Intentional insult or interruption to public servant sitting in judicial proceeding |
(i) six
months.
|
(i) No
change
|
| 263-A | Fictitious Stamps | Two hundred rupees | Six hundred rupees |
| 272 | Adulteration of food or drink intended for sale |
(i) six
months.
|
(i) No
change
|
| 273 | Sale of noxious food or Drink |
(i) six
months.
|
(i)
No change
|
| 274 | Adulteration of drugs |
(i) six
months.
|
(i) No
change
|
| 275 | Sale of adulterated drugs |
(i) six
months.
|
(i) No
change |
| 276 | Sale of drug as a different drug or preparation |
(i) six
months.
|
(i) No
change
|
| 277 | Fouling water of public spring or reservoir |
(i) three
months.
|
(i) No
change
|
| 278 | Making atmosphere noxious to health | (i) five hundred rupees | (i) one thousand five hundred rupees .
|
| 279 | Rash driving or riding on a public way. | (i) one thousand rupees | (i) three
thousand rupees
|
| 280 | Rash navigation of vessel | one thousand rupees | three thousand rupees
|
| 282 | Conveying person by water for hire in unsafe or overloaded vessel. | one thousand rupees | three thousand rupees
|
| 283 | Danger or obstruction in public way or line of navigation | two hundred rupees | six hundred
rupees.
|
| 284 | Negligent conduct with respect to poisonous substance. |
(i) six
months.
|
(i) No
change
|
| 285 | Negligent conduct with respect to fire or combustible matter. |
(i) six
months.
|
(i) No
change (ii)
three thousand rupees.
|
| 286 | Negligent conduct with respect to explosive substance |
(i) six
months.
|
(i) No
change (ii)
three thousand rupees.
|
| 287 | Negligent conduct with respect to machinery. |
(i) six
months.
|
(i) No
change (ii)
three thousand rupees.
|
| 288 | Negligent conduct with respect to pulling down or repairing buildings. |
(i) six
months.
|
(i) No
change (ii)
three thousand rupees
|
| 289 | Negligent conduct with respect to animal | one thousand rupees | three
thousand rupees. |
| 290 | Punishment for public nuisance in cases not otherwise provided for. | two hundred rupees | six
hundred rupees. |
| 294-A | Keeping Lottery office. | one thousand rupees | three thousand rupees |
| 341 | Punishment for wrongful restraint. |
(i)
one month.
|
(i)
No change
|
| 342 |
Punishment
for wrongful
|
(i) one year. (ii) one thousand rupees.
|
(i)
No change (ii)
three thousand rupees.
|
| 352 | Punishment for assault or criminal force otherwise than on grave provocation |
(i)
three months.
|
(i)
No change.
|
| 357 | Assault of criminal force in attempt wrongfully to confine a person. |
(i) one
year
|
i) No
change
|
| 358 | Assault of criminal force on grave provocation |
(i) one
month.
|
(i) No
change
|
| 447 | Punishment for criminal trespass. |
(i) Three
months.
|
(i)
No change
|
| 448 | Punishment for house trespass. |
(i)
One year. |
(i)
No change (ii)
three thousand rupees. |
| 491 | Breach of contract to attend on and supply wants of helpless person. |
(i) three
months. |
(i) No
change (ii)
six hundred rupees.
|
| 510 | Misconduct in public by a drunken person. |
(i)
twenty four hours. |
(i) No
change
|
IN THE SECOND SCHEDULE
TO
THE CODE OF CRIMINAL PROCEDURE
|
Section
of Pakistan
Offence
Existing
provisions
Proposed provisions Penal Code
|
|||
|
1 |
2 |
3 |
4 |
|
|
SCHEDULE II |
|
|
|
137.
|
Deserter
concealed on board merchant-vessel through negligence of master or person
in charge thereof. |
Fine of
500 rupees |
Fine of 1,500
rupees |
|
140. |
Wearing
the dress or carrying any token used by a soldier, sailor or airman with
intent that it may be believed that he is such a soldier, sailor, or
airman. |
Imprisonment
of either description for 3 months, or fine of 500 rupees, or both |
Imprisonment
of either description for 3 months or fine of 1,500 rupees. |