Pakistan Penal Code (Sec.121 to 171)

THE PAKISTAN PENAL CODE

(ACT NO. XLV OF 1860)

CHAPTER VI

OF OFFENCES AGAINST THE STATE

121. Waging or attempt to wage war or abetting waging of war against Pakistan. Whoever
wages war against Pakistan, or attempts to wage such war, or abets the waging of such war,
shall be punished with death, or imprisonment for life shall also be liable to fine.

Illustration
A joins an insurrection against Pakistan. A has committed the offence defined in this section.

121-A. Conspiracy to commit offences punishable by Section 121. Whoever within or without
Pakistan conspires to commit any of the offences punishable by Section 121, or to deprive
Pakistan of the sovereignty of her territories or of any part thereof, or conspires to overawe, by
means of criminal force or the show of criminal force, the Central Government or any Provincial
Government, shall be punished with imprisonment for life or any shorter term, or with
imprisonment of either description which may extend to ten years, and shall also be liable to
fine.
Explanation: To constitute a conspiracy under this section, it is not necessary that any act or
illegal omission shall take place in pursuance thereof.
COMMENTARY
To overthrow lawful Government. Activities of. Conviction for. Challenge to. Special Judge has
formed a wrong view that a letter embodying sanction may itself be treated as a complaint.
Complaint has been defined in section 4 (1) of Cr.P.C. Omission to file complaint in terms of
Section 196, Cr.P.C. is not an irregularity curable under Section 537 of Cr.P.C., but an illegality.
In letter treated as complaint by trial Court, there is no mention of any sanction of offence
punishable under Section 121-A of PPC. Held: Trial of appellant has not been held under
Section 121-A of PPC in accordance with law and trial Court had no jurisdiction to proceed with
trial. Appeal accepted.8

 122. Collecting arms, etc., with intention of waging war against Pakistan. Whoever collects
men, arms or ammunition or otherwise prepares to wage war with intention of either waging or
being prepared to wage war against Pakistan, shall be punished with imprisonment for life or
imprisonment of either description for a term not exceeding ten years, and shall also be liable
to fine.

123. Concealing with intent to facilitate design to wage war. Whoever, by any act, or by any
illegal omission, conceals the existence of a design to wage war against Pakistan, intending by
such concealment to facilitate or knowing it to be likely that such concealment will facilitate the
waging of such war, shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.

123-A. Condemnation of the creation of the State and advocacy of abolition of its sovereignty

.
(1) Whoever, within or without Pakistan, with intent to  influence or knowing it to be likely that
he will influence, any person or the whole or any section of the public, in a manner likely to be
prejudicial to the safety 9[or ideology] of Pakistan, or to endanger the sovereignty of Pakistan
in respect of all or any of the territories lying within its borders, shall by words spoken or
written, or by signs or visible representation, 9[abuse Pakistan or] condemn the creation of
Pakistan by virtue of the partition of India which was effected on the fifteenth day of August,
1947, or advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or
any of the territories lying within its borders, whether by amalgamation with the territories of
neighbouring States or otherwise, shall be punished with rigorous imprisonment which may
extend to ten years and shall also be liable to fine.

(2) Notwithstanding anything contained in any other law for the time being in force, when any
person is proceeded against under this section, it shall be lawful for any Court before which he
may be produced in the course of the investigation or trial, to make such order as it may think
fit in respect of his movements of his association or communication with other persons, and of
his activities in regard to dissemination of news, propagation of opinions, until such time as the
case is finally decided.

(3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in sub-
section (2) may also make an order under that sub-section.
10[123-B. Defining or unauthorisedly removing the National Flag of Pakistan from Government
Building etc. Whoever deliberately defiles [or puts on fire] the National Flag of Pakistan, or
unauthorisedly removes it from any building, premises, vehicle or other property of
Government, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.]
 

COMMENTARY
Conspiracy. Evidence as to conspiracy by chance witness and Leaves-droppers was not relied
upon.

124. Assaulting President, Governor, etc., with intention to compel or restrain the exercise of
any lawful power. Whoever, with the intention of inducing or compelling the President of
 Pakistan, or the Governor of any Province, to exercise or refrain from exercising in any manner
any of the lawful powers of the President, or Governor,
assaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of
criminal force or the show of criminal force, or attempts so to overawe, the President, or
Governor,
shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.

124-A. Sedition. Whoever by words, either spoken or written, or by signs, or by visible
representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or
attempts to excite disaffection towards, the Central or Provincial Government established by law
shall be punished with imprisonment for life or shorter terms to which fine may be added, or
with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1: The expression  disaffection  includes disloyally and all feelings of enmity.

Explanation 2: Comments expressing disapprobation of the measures of the Government with a
view to obtain their alteration by lawful means, without exciting or attempting to excite hatred,
contempt or disaffection, do not constitute an offence under this section.

Explanation 3: Comments expressing disapprobation of the administrative or other action of the
Government without exciting or attempting to excite hatred, contempt or disaffection, do not
constitute an offence under this section.

COMMENTARY
Sedition. In case of sedition, the test is whether words used had tenancy to arouse contempt or
hatred. Truth or falsity of matters is immaterial and may be an aggravating factor. The evidence
relating to truth or falsity is not only inadmissible but also is not to be taken into consideration
in not determining quantum of evidence.

125. Waging war against any [x x x] Power in alliance with Pakistan. Whoever wages war
against the Government of any [xxx] Power in alliance or at peace with Pakistan or attempts to
wage such war, or abets the waging of such war, shall be punished with imprisonment of either
description for a term which may extend to seven years, to which fine may be added, or with
fine.

126. Committing depredation on territories of Power at peace with Pakistan. Whoever commits
depreciation, or makes preparations to commit depreciation, on the territories of any Power in
alliance or at a peace with Pakistan, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of
any property used or intended to be used in committing such depreciation, or acquired by such
depredation.

127. Receiving property taken by war or depreciation mentioned in Sections 125 and 126.
Whoever receives any property knowing the same to have been taken in the commission of any
 of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine
and forfeiture of the property so received.

128. Public servant voluntarily allowing prisoner of State or war to escape. Whoever, being a
public servant and having the custody of any State prisoner or prisoner of war, voluntarily
allows such prisoner to escape from any place in which such prisoner is confined, shall be
punished with imprisonment for life or imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

129. Public servant negligently suffering such prisoner to escape. Whoever, being a public
servant and having the custody of any State prisoner or prisoner of war, negligently suffers
such prisoner to escape from any place of confinement in which such prisoner is confined, shall
be punished with simple imprisonment for a term which may extend to three years, and shall
also be liable to fine.

130. Aiding escape of, rescuing or harbouring such prisoner. Whoever, knowingly aids or assists
any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to
rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from
lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner
shall be punished with imprisonment for life, or with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
Explanation: A State prisoner or prisoner of war, who is permitted to be at large on his parole
within certain limits in Pakistan, is said to escape from lawful custody if he goes beyond the
limits within which he is allowed to be at large.

___________

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
Whoever abets the committing of mutiny by an officer, solider, sailor or airman, in the Army,
Naval or Air Force of Pakistan, or attempts to seduce any such officer, solider, sailor, or airman
from his allegiance or his duty, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine.

Explanation: 3[In this section, the words  officer ,  solider ,  sailor  or  airman  include any
person subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Navy
Ordinance, 1961 (XXXV of 1961), or the Pakistan Air Force Act, 1953 (VI of 1953), as the case
may be.]

132. Abetment of mutiny, if mutiny is committed in consequence thereof. Whoever, abets the
committing of mutiny by an officer, solider, sailor or airman, in the Army, Navy or Air Force of
Pakistan, shall, if mutiny be committed in consequence of that abetment, be punished with
 death or with imprisonment for life or imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution
of his office. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy
or Air Force of Pakistan, on any superior officer being in the execution of his office, shall be
punished with imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.

134. Abetment of such assault, if the assault is committed. Whoever abets an assault by an
office, solider, sailor or airman, in the Army, Navy or Air Force of Pakistan, on any superior
officer being in the execution of his office, shall, if such assault be committed in consequence of
that abetment be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

135. Abetment of desertion of soldier, sailor or airman. Whoever abets the desertion of any
officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan, shall be punished
with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.

136. Harbouring deserter. Whoever, except as hereinafter excepted, knowing or having reason
to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Pakistan,
has deserted, harbours such officer, soldier, sailor or airman, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both.

Exception: This provision does not extend to the case in which the harbour is given by a wife to
her husband.

137. Deserter concealed on board merchant vessel through negligence of master. The master
or person incharge of a merchant vessel, on board of which any deserter from the Army, Navy
or Air Force of Pakistan is concealed, shall, though ignorant of such concealment, be liable to a
penalty not exceeding five hundred rupees, if he might have known of such concealment but for
some neglect of his duty as such master or person in charge, or but for some want of discipline
on board of the vessel.

138. Abetment of act of insubordination by soldier, sailor or airman. Whoever abets what he
knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy
or Air force of Pakistan, shall, if such act of insubordination be committed in consequence of
that abetment, be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.

138-A. Application of foregoing sections to the Indian Marine Service. [Rep. by the Amending
Act, 1934 (XXXV of 1934), Section 2 and Sch.]

139. Persons subject to certain Acts. No person subject to the Pakistan Army Act, 1952
(XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI of 1953), or the Pakistan Navy Ordinance,
1961 (XXXV of 1961), is subject to punishment under this Code for any of the offences defined
in this Chapter.]

 [Note. Provisions of section 140 of Chapter VII apply to offences under Offences Against
Property (Enforcement of Hadd) Ordinance (VI of 1979)].

140. Wearing garb or carrying token used by soldier, sailor or airman. Whoever, not being a
soldier, sailor or airman in the Military, Naval or Air Service of Pakistan, wears any garb or
carries any token any token resembling any garb or token used by such a soldier, sailor or
airman with the intention that it may be believed that he is such a soldier, sailor or airman with
the intention that it may be believed that he is such a soldier, sailor or airman, shall be
punished with imprisonment of either description for a term which may extend to three months,
or with fine which may extend to five hundred rupees, or with both.
_______________

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILITY

141. Unlawful assembly. An assembly of five or more persons is designated an  unlawful
assembly,  if the common object of the persons composing that assembly is:
 

First: To overawe by criminal force, or show of criminal force, the Central or any Provincial
Government or Legislature, or any public servant in the exercise of the lawful power of such
public servant; or

Second: To resist the execution of any law, or of any legal process; or

Third: To commit any mischief or criminal trespass, or other offence; or

Fourth: By means of criminal force, or show of criminal force, to any person to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of a way, or of
the use of water or other incorporeal right of which he is in possession or enjoyment, or to
enforce any right or supposed right; or

Fifth: By means of criminal force, or show of criminal force, to compel any person to do what he
is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation: An assembly which was not unlawful when it assembled, may subsequently
become an unlawful assembly.

COMMENTARY
Assembly. An assembly may become unlawful after the time of assembly but it must be proved
there was a circumstance applicable to all the persons assembled which unfluenced them all in
one direction.

142. Being member of unlawful assembly. Whoever being aware of facts which render any
assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to
be a member of an unlawful assembly.

 143. Punishment. Whoever is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or
with both.

144. Joining unlawful assembly armed with deadly weapon. Whoever, being armed with any
deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death,
is a member of an unlawful assembly, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

145. Joining or continuing in unlawful assembly, knowing that it has been commanded to
disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful
assembly has been commanded in the manner prescribed by law to disperse, shall be punished
with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.

146. Rioting. Whenever force or violence is used by an unlawful assembly, or by any member
thereof, in prosecution of the common object of such assembly, every member of such
assembly is guilty of the offense of rioting.

147. Punishment for rioting. Whoever is guilty of rioting, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.

COMMENTARY
Principal offenders. A large number of accused were charged with offences under Secs. 147,
302/34, 326/149, 35 and 48. The principal offenders were convicted under Secs. 302/34.
Whether conviction of other accused for offence different from that found committed by
principal offenders was illegal.

148. Rioting, armed with deadly weapon. Whoever is guilty of rioting, being armed with a
deadly weapon or with anything, which, used as a weapon of offence, is likely to cause death,
shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.

COMMENTARY
Accused committing offence of rioting when armed with deadly weapons. Held: They would be
guilty u/s. 148.4c
Each accused would be liable for act committed by him during occurrence when occurrence was
not result of pre-meditation or pre-planning but was result of sudden flare-up. Accused persons
cannot be held vicariously responsible for murder of deceased from fatal injury by their co-
accused. Accused who had not caused any injury either to deceased or to injured PW would be
entitled to acquittal by having benefit of doubt when their participation in such occurrence lacks
reliable corroboration.5
Uncorroborated evidence of interested eye-witnesses would not be safe for recording
conviction/sentence against accused. Held: Prosecution did not inspire confidence and
 appellants were entitled to acquittal after setting aside their conviction/sentence u/ss.
148/436/325/149.

149. Every member of unlawful assembly guilty of offence committed in prosecution of common
object. If an offence is committed by any member of an unlawful assembly in prosecution of the
common object of that assembly or such as the members of that assembly knew to be likely to
be committed in prosecution of that object, every person who, at the time of the committing of
that offence, is a member of the same assembly, is guilty of that offence.

COMMENTARY
Provision of S. 149 would not be attracted when occurrence was not result of pre-concert and
pre-meditation but had occurred on account of sudden flare up. In such case, each accused
would be liable for his individual act and conviction/sentence u/ss. 302/149 would not be
sustainable.

Application of S. 149, Penal Code. Unlawful assembly. Common object. Prosecution must prove
presence and participation of each of the accused in unlawful assembly for conviction under S.
149, Penal Code.

Question arising whether all persons who even did not participate in any manner to facilitate
murder of deceased could be saddled to have common object with real culprits in committing
murder. Held: In circumstances of case, Judge in High Court was rightly influenced by relevant
considerations and rightly upheld convictions of those accused who physically and practically
participated in facilitation and in murder of deceased.

Where a number of persons laid trap and attacked the deceased, all of them were equally liable
for murder. Those not giving actual blows cannot be discharged of liability.

High Court acquitted two of five accused. The conviction of remaining accused under Sec. 148
was not maintainable. Thus constrictive liability cannot be placed.6e
In the absence of evidence of any special intention or knowledge, two of the members of
assembly could not be convicted under Secs. 302/34, PPC. Unless there by intention or
knowledge of one of the kinds specified in Sec. 299, no conviction for culpable homicide can be
had. 

150. Hiring, or conniving at hiring, of persons to join unlawful assembly. Whoever hires or
engages, or employs or promotes or connives at the hiring, engagement or emplo yment of any
person to join or become a member of any unlawful assembly, shall be punishable as a member
of such unlawful assembly, and for any offence which may be committed by any such person as
a member of such unlawful assembly in pursuance of such hiring, engagement or employment,
in the same manner as if he had been a member of such unlawful assembly, or himself had
committed such offence

.
151. Knowingly joining or continuing in assembly of five or more persons after it has been
commanded to disperse. Whoever knowingly joins or continues in any assembly of five or more
persons likely to cause a disturbance of the public peace, after such assembly has been lawfully
 commanded to disperse, shall be punished with imprisonment of either description for a term
which may extend to  six months, or with fine, or with both.
Explanation: If the assembly is an unlawful assembly within the meaning of Section 141, the
offender will be punishable under Section 145.

152. Assaulting or obstructing public servant when suppressing riot, etc. Whoever assaults or
threatens to assault, or obstructs or attempts to obstruct a public servant in the discharge of his
duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a
riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant,
shall be punished with imprisonment of either description for a term which may extend to three
years or with fine or with both.

153. Wantonly giving provocation with intent to cause riot— if rioting be committed; if not
committed. Whoever malignantly, or wantonly, by doing any thing which is illegal, gives
provocation to any person intending or knowing it to be likely that such provocation will cause
the offence of rioting to be committed, shall, if the offence of rioting be committed in
consequence of such provocation, be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both; and if the offence of rioting be
not committed, with imprisonment of either description for a term which may extend to six
months, or with fine, or with both.

153-A. Promoting enmity between different groups, etc. Whoever:---
(a) by words, either spoken or written, or by signs, or by visible representations or otherwise,
promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of
birth, residence, language, caste or community or any other grounds whatsoever, disharmony
or feelings of enmity, hatred or ill-will between different religious, racial, language or regional
groups or castes or communities; or

(b) commits, or incites any other person to commit, any act which is prejudicial to the
maintenance of harmony between different religious, racial, language or regional groups or
castes or communities or any groups of persons identifiable as such on any ground whatsoever
and which disturbs or is likely to disturb public tranquility; or

(c) organizes, or incites any other person to organize, any exercise, movement, drill or other
similar activity intending that the participants in any such activity shall use or be trained to use
criminal force or violence knowing it to be likely that the participants in nay such activity will
use or be trained to use criminal force or violence or participates, or incites any other person to
participate, in any such activity intending to use or be trained to use criminal force or violence
or knowing it to be likely that the participants in any such activity will use or be trained to use
criminal force or violence, against any religious, racial, language or regional group or caste or
community or any group or person identifiable as such on any ground whatsoever and any such
activity for any reason whatsoever cause or is likely to cause fear or alarm or a feeling of
insecurity amongst members of such religious, racial, language or regional group or caste or
community,
shall be punished with imprisonment for a term which may extend to five years and with fine.
 Explanation I: It does not amount to an offence within the meaning of this section to point out,
without malicious intention and with an honest view to their removal, matters which are
producing, or having or have a tendency to produce, feelings of enmity or hatred between
different religious, racial, language or regional groups or castes or communities.

153-B. Inducing students, etc., to take part on political activity. Whoever by words, either
spoken or written, or by signs or by visible representations or otherwise, induces or attempts to
induce any student, or any class of students or any institution interested in or connected with
students, to take part in any political activity 9[which disturbs or undermines, or is likely to
disturb or undermine, the public order shall be punished with imprisonment which may extend
to two years or with fine or with both.

154. Owner or occupier of land on which an unlawful assembly is held. Whenever any unlawful
assembly or riot takes place, the owner or occupier of the land upon which such unlawful
assembly is held, or such riot is committed, and any person having or claiming an interest in
such land, shall be punishable with fine not exceeding on thousand rupees, if he or his agent or
manager, knowing that such offence is being or has been committed, or having reason to
believe it is likely to be committed, do not give the earliest notice thereof in his or their power
to the principal officer at the nearest police station, and do not, in the case of his or their
having reason to believe that it was about to be committed, use all lawful means in his or their
power to prevent it and, in the event of its taking place, do not use all lawful means in his or
their power to disperse or suppress the riot or unlawful assembly.

155. Liability of person for whose benefit riot is committed. Whenever a riot is committed for
the benefit or on behalf of any person who is the owner or occupier of any land respecting
which such riot taken place or who claims any interest in such land, or in the subject of any
dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such
person shall be punishable with fine, if he or his agent or manager, having reason to believe
that such riot was likely to be committed or that the unlawful assembly by which such riot was
committed was likely to be held, shall not respectively use all lawful means in his or their power
to prevent such assembly or riot from taking place, and for suppressing and dispersing the
same.

156. Liability of agent of owner or occupier for whose benefit riot is committed. Whenever a riot
committed for the benefit or on behalf of any person who is the owner or occupier of any land
respecting which such riot takes place, or who claims any interest in such land, or in the subject
of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom,
the agent or manager of such person shall be punishable with fine, if such agent or manager,
having reason to believe that such riot was likely to be committed, or that the unlawful
assembly by which such riot was committed was likely to be held, shall not use all lawful means
in his power to prevent such riot or assembly from taking place and for suppressing and
dispersing the same.

157. Harbouring persons hired for an unlawful assembly. Whoever harbours, receives or
assembles, in any house or premises in his occupation or charge, or under his control any
persons, knowing that such persons have been hired, engaged or employed, or are about to  be
 hired, engaged or employed, to join or become members of an unlawful assembly, shall be
punished with imprisonment of either description for a term which may extend to six months or
with fine, or with both.

158. Being hired to take part in an unlawful assembly or riot; or to go armed. Whoever is
engaged or hired, or offers or attempts to be hired or engaged, to do o assist in doing any of
the acts specified in Section 141, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both,
and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go
armed, with any deadly weapon or with anything which used as a weapon of offence is likely to
cause death, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

159. Affray. When two or more persons, by fighting in a public place, disturb the public peace,
they are said to  commit an affray .

160. Punishment for committing affray. Whoever commits an affray, shall be punished with
imprisonment of either description for a term which may extend to one month, or with fine
which may extend to  one hundred rupees, or with both.
_____________

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Public servant taking gratification other than legal remuneration in respect of an official
act. Whoever, being or expecting to be a public servant, accepts or obtains or agrees to
accepts, or attempts to obtain from any person, for himself or for any other person, any
gratification whatever, other than legal remuneration, as a motive or reward for doing or
forbearing to do any official act or for showing or forbearing to show, in the exercise of his
official functions, favour or disfavour to any person, or for rendering or attempting to render
any service or dis-service to any person, with the Central or any Provincial Government or
Legislature or with any public servant, as such, shall be punished with imprisonment of either
description for a term which may extend to three years or with fine, or with both.
Explanation:  Expecting to be a public servant . If a person not expecting to be in office obtains
a gratification by deceiving others into a belief that he is about to be in office, and that he will
then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this
section.

Gratification . The word  gratification  is not restricted to pecuniary gratifications, or to
gratifications estimable in money.

Legal remuneration . The words  legal remuneration  are not restricted to remuneration which
a public servant can lawfully demand, but include all remuneration which he is permitted by the [authority by which he is employed, to accept.]

 A motive or reward for doing . A person who receives a gratification as a motive for doing
what he does not intend to do, or as reward for doing what he has done, comes within these
words.

Public Servant‘. In this section and in sections 162, 163, 164, 165, 166, 167, 168, 169 and 409,
public servant‘ includes an employee of any corporation or other body or organization set up,
controlled or administered by, or under the authority of, the Federal Government.

Illustrations
(a) A, a munsif, obtains from Z, a banker, a situation in Z‘s bank for A‘s brother, as a reward to
A for deciding a case in favour of Z, has committed the offence defined in this section.

(b) A, holding the office of Counsel at the court of a Foreign Power accepts a lakh of rupees
from the Minister of that Power. It does not appear, that A accepted this sum as a motive or
reward for doing or forbearing to do any particular official act, or for rendering or attempting to
render any particular service to that Power with the Government of Pakistan. But it does appear
that A accepted the sum as a motive or reward for generally showing favour in the exercise of
this official functions to that Power. A has committed the offence defined in this section.

(c) A, a public servant, includes Z erroneously to believe that A‘s influence with the Government
has obtained a title for Z and this induces Z to give A money as a reward for this service. A has
committed the offence defined in this section.

COMMENTARY
Read with Prevention of Corruption Act (II of 1947), S. 5. Taking illegal gratification. Offence of.
Establishment of. Particular Act was not within duties of accused but he erroneously thinks that
an act was within his official duty and accepted illegal gratification by inducing such erroneous
belief in another person. Held: Such public servant was guilty of offence of taking illegal
gratification.

Bribery. Attempt to obtain bribe is as much an offence as actual acceptance of receipt of bribe.
Offence is complete even when public servant refuses to accept insufficient amount offered. No
question of locus poentieniae arises in such cases.

Demand for illegal gratification and its actual receipt are distinct offences.

S. 161. Receiving money and undertaking to destroy telegram before the due date amounts to
commission of offence under Sec. 161.

S. 161. Charging fee by doctor more than permitted under rules does not amount to graining of
pecuniary advantage.

S. 161. Bona fide as well as mala fide acts are included in the expression  official act  used in
Sec. 161

.
S.161. For the application of Sec. 161, it is not necessary that a public servant should in fact
have the power to render service.

 .
 S. 161. The complainant from whom bribe is extorted is to an abetter or an accomplice. His
evidence should be scanned with care.

 
Local Police has no jurisdiction to register case u/s. 161 read with S. 5(2), Prevention of
Corruption Act, 1947 as it is a  scheduled offence  under Punjab Anti-Corruption Establishment
Rules, 1985 and falls within exclusive jurisdiction of Anti-Corruption Establishment constituted
under Punjab Anti-Corruption Establishment Ordinance, 1961.

Conviction/sentence appealed against on defence plea of false implication. No witness
whatsoever produced by appellant at trial stage in support of his defence plea. Evidence on
record establishing beyond all sorts of doubts that appellant had accepted bribe and tainted
currency notes were recovered from his possession. Held: Conviction merited affirmance as
unexceptional but sentence of two months‘ simple imprisonment merited reduction into
sentence already undergone.

Conviction/sentence would be unsustainable when raid was conducted by officials of Anti-
corruption Establishment and Police without associating any Magistrate. 

Contention that two material witnesses (Complainant and Taxi driver) were declared hostile and
their evidence also suffers from material contradiction and that evidence of three official
witnesses does not inspire confidence. PWs 1 & 2 have fully supported initial incident as well as
lodging of F.I.R. and arrangement regarding passing of tainted money. Although obliging
statements have been made by them in latter part of their examination-in-chief, their consistent
statement is worthy of credit on almost all material points. Three official witnesses have also
fully supported prosecution version on all material points as they witnesses payment of tainted
and its recovery from possession of appellant. Once money is shown to have passed on to
accused through a decoy witness a rebutable presumption arises u/s. 4 of Act II of 1947 that
tainted money was received as illegal gratification. Appellant has failed to rebut that
presumption. Learned Trial Court has taken note of some contradictions in statements of three
official witnesses but has rightly held them to be of trival nature. Alleged false implication of
appellant due to grudge of I.O. is not at all plausible as appellant admitted his presence on spot
at time of raid but why did he intervene when whole operation was being supervised by a
Magistrate. Conviction and sentence awarded by Trial Court is maintained. Appeal dismissed.6
Illegal gratification, obtaining of. Conviction for. Challenge to. Neither challan nor sanction order
bears signature of Trial Judge. Sanction order was not exhibited in Court to form part of record.
Appeal can be decided only on basis of material available on record and not on any document
which is not part of record. Held: Sanction order even if available in file of lower Court, cannot
be looked into as same is not exhibited in evidence to form part of record. Held further; It
cannot be said that Trial Court acquired jurisdiction legally. 

Evidence conclusively showing that accused was holding bribe money in his hand. When raiding
party introduced itself, he threw bribe money on the ground and in his first statement he
denied having received any money. Held: (i) In facts of case, no benefit could be claimed by
convict for not over-hearing conversation. (ii) Case against convict was adequately and
sufficiently proved by witnesses who had no motive to falsely implicate him. (iii) There were no
flaws in prosecution version, benefit of which could be extended to convict. 

 162. Taking gratification, in, order, by corrupt or illegal means, to influence public servant.
Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for
himself or for any other person, gratification whatever, as a motive of reward for inducing, by
corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the
exercise of the official functions of such public servant to show favour or disfavour to any
person, or to render or attempt to render any service or dis-service to any person with the
Central or any Provincial Government or Legislature, or with any public servant, as such, shall
be punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.

COMMENTARY
Conviction/sentence for taking bribery based on uncorroborated testimony of complainant,
would merit setting aside when both recovery witnesses did not support prosecution case and
were declared hostile.

Appreciation of evidence. Neither the payment of money to the accused as alleged by the
complainant was proved beyond reasonable doubt, nor the alleged recovery of the said amount
from the accused was proved. Recovery witnesses did not support the prosecution version and
were declared to be hostile. Even if payment of the said amount to the accused was admitted,
the possibility of the same having been meant to engage a counsel for filling a bail petition of
the complainant‘s brother could not be ruled out. Accused was acquitted in circumstances. 

163. Taking gratification, for exercise of personal influence with public servant. Whoever
accepts or obtains or agrees to accepts or attempts to obtain, from any person, for himself or
for inducing, by the exercise of personal influence, any public servant to do or to forbear to do
any official act, or in the exercise of the official functions of such public servant to show favour
or disfavour to any person, or to render or attempt to render any service or dis-service to any
person with the Central or any Provincial Government or Legislature, or with any public servant,
as such, shall be punished within simple imprisonment for a term which may extend to one
year, or with fine, or with both.

Illustration
An advocate who receives a fee for arguing a case before a Judge: a person who receives pay
for arranging and correcting a memorial addressed to Government, setting forth the services
and claims of the memorialist, a paid agent for a condemned criminal, who lays before the
Government statements tending to show that the condemnation was unjust,– are not within
this section, inasmuch as they do not exercise or profess to exercise personal influence.

164. Punishment for abetment by public servant of offences defined in Section 162 or 163.
Whoever, being a public servant, in respect of whom either of the offences defined in the last
two preceding sections is committed, abets the offence, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine or with both.

Illustration
 A is a public servant. B, A‘s wife receives a present as a motive for soliciting A to give an office
to a particular person. A abets her doing so. B is punishable with imprisonment for a term not
exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term
which may extend to  three years, or with fine, or with both.

165. Public servant obtaining valuable thing, without consideration from person concerned in
proceeding or business transacted by such public servant. Whoever, being a public servant,
accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other
person, any valuable thing with-out consideration, or for a consideration which he knows to be
inadequate,
from any person whom he knows to have been, or to be, or to be likely to be concerned in any
proceeding or business transacted or about to be transacted by such public servant, or having
any connection with the official functions of himself or of any public servant to whom he is
subordinate,
or from any person whom he knows to be interested in o r related to the person so concerned,
shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.

Illustrations
(a) A, a Collector, hires a house of Z, who has a settlement case pending before him. It is
agreed that A shall pay fifty rupees a month, the house being such that, if the bargain were
made in good faith. A would be required to  pay two hundred rupees a month. A has obtained a
valuable thing from Z without adequate consideration.

(b) A, a Judge, buys of Z, who has a case pending in A‘s Court. Government promissory-notes
at a discount, when they are selling in the market at a premium. A has obtained a valuable
thing from Z without adequate consideration.

(c) Z‘s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells
to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A
for the shares accordingly. The money so obtained by A is a valuable thing obtained by him
without consideration.

165-A. Punishment for abetment of offences defined in Sections 161 and 165. Whoever abets
any offence punishable under section 161 or section 165 shall, whether the offence abetted is
or is not committed in consequence of the abetment, be punished with the punishment
provided for the offence.
Repealed section 165-B is given below:--

165-B. Certain abettor excepted. A person shall be deemed not to abet an offence punishable
under section 161 or 165 if he is induced, compelled, coerced, or intimidated to offer or give
any such gratification as is referred to in section 161 for any of the purposes mentioned therein,
or any valuable thing without consideration, or for an inadequate consideration, to any such
public servant as is referred to in section 165.

 166. Public servant disobeying law with intent to cause injury to cause injury to any person.
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in
which he is to conduct himself as such public servant, intending to cause, or knowing it to be
likely that he will, by such disobedience, cause injury to any person, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or with both.

Illustration
A, being an officer directed by law to take property in execution, in order to satisfy a decree
pronounced in Z‘s favour by a Court of Justice, knowingly disobeys that direction of law, with
the knowledge that he is likely thereby to cause injury to Z. A has committed the offence
defined in this section.

167. Public servant framing an incorrect document with intent to cause injury. Whoever, being
a public servant, and being, as such public servant, charged with the preparation or translation
of any document, frames or translates that document in a manner which he knows or believes
to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause
injury to any person, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.

168. Public servant unlawfully engaging in trade. Whoever, being a public servant, and being
legally bound as such public servant not to engage in trade, engages in trade, shall be punished
with simple imprisonment for a term which may extend to one year, or with fine, or with both.

169. Public servant unlawfully buying or bidding for property. Whoever, being a public servant,
and being legally bound as such public servant, not to purchase or bid for certain property,
purchases or bids for that property, either in his own name or in the name of another, or
jointly, or in shares with others, shall be punished with simple imprisonment for a term which
may extend to two years, or with fine, or with both;  and the property, if purchased, shall be
confiscated.

170. Personating a public servant. Whoever, pretends to hold any particular office as a public
servant, knowing that he does not hold such office or falsely personates any other person
holding such office, and in such assumed character does or attempts to do any act under colour
of such office, shall be punished with imprisonment of either description, for a term which may
extend to two years, or with fine, or with both.

171. Wearing garb or carrying token used by public servant with fraudulent intent. Whoever,
not belonging to a certain class of public servants, wears any grab or carries any token
resembling any garb or token used by that class of public servants, with the intention that it
may be believed, or with the knowledge that it is likely to be believed, that he belongs to that
class of public servants, shall be punished with imprisonment of either description, for a term
which may extend to  three months, or with fine which may extend to two hundred rupees, or
with both.