[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Pakistan (Punjab) Legislation |
[Database Search] [Name Search] [Noteup] [Help]
THE WHIPPING
ACT, 1909
(Act IV of 1909)
C O N T E N T
S
Sections
1. Short
title and extent.
2. Whipping
added to punishments described in Act XLV, 1860.
3. Offences
punishable with whipping in lieu of other punishment.
3A. [Repealed]
4. Offence punishable with whipping in
lieu of or in addition to other punishment.
4-A. Compulsory
whipping in certain offences.
5. Juvenile
offenders when punishable with whipping.
6. Special
provision as to punishment with whipping in frontier districts.
7. [Repealed]
8. [Repealed]
THE SCHEDULE
[Repealed]
[1]THE WHIPPING ACT, 1909
(Act IV of
1909)
[
An Act to consolidate and
amend the law
relating to the punishment of whipping
Whereas
it is expedient to consolidate and amend the law relating to the punishment of
whipping;
It is hereby enacted as follows:-
1. Short title and extent.— (1) This Act may be called the Whipping Act, 1909;
and
[2][(2) It extends to the whole
of
2. Whipping added to punishments described in
Act XLV, 1860.— In addition to the punishments described in
section 53 of the Pakistan Penal Code[3],
offenders are also liable to the punishment of whipping.
3. Offences punishable with whipping in lieu of
other punishment.— Whoever commits any of the following offences,
namely:-
(a) theft, as defined in section 378 of the
Pakistan Penal Code[4] other than theft by a clerk
or servant of property in possession of his master,
(b) theft in a building, tent or vessel, as
defined in section 380 of the said Code;
(c) theft after preparation for causing death or
hurt, as defined in section 382 of the said code;
(d) lurking house-trespass, or house-breaking, as
defined in sections 443 and 445 of the said Code, in order to the committing of
any
offence punishable with whipping under this section;
(e) lurking house-trespass by night, or
house-breaking by night, as defined in sections 444 and 446 of the said Code,
in order to the
committing of any offence punishable with whipping under this
section;
[5][may, subject to the
provisions of sections 4 and 4-A, be punished], with whipping in lieu of any
punishment to which he may for such
offence be liable under the said code.
3-A. [6][* * * * * * * * * * * *].
[7][4. Offence punishable with
whipping in lieu of or in addition to other punishment.— Whoever—
(a) abets, commits or attempts to commit, an
offence of assault on, or use of criminal force to, any woman, punishable under
section 354
of the Pakistan Penal Code;
(b) voluntarily causes hurt as defined in section
319 of the Pakistan Penal Code, or grievous hurt as defined in section 320 of
the said
Code, by throwing, attempting to throw or abetting the throwing of,
any substance on the face of any person;
(c) voluntarily causes grievous hurt punishable
under section 325 or section 326 of the Pakistan Penal Code, by cutting,
attempting to
cut or abetting the cutting of the nose of or otherwise
disfiguring a male;
(d) abets, commits or attempts to commit, rape as
defined in section 375 of the Pakistan Penal Code;
(e) compels or induces any person, by fear of
bodily injury, to submit to an unnatural offence as defined in section 377 of
the Pakistan
Penal Code;
(f) voluntarily
causes hurt in committing or attempting to commit robbery, as defined in
section 390 of the Pakistan Penal Code;
(g) commits dacoity as defined in section 391 of
the Pakistan Penal Code;
(h) abets, commits or attempts to commit, an
offence of insult to the modesty of a woman punishable under section 509 of the
Pakistan
Penal Code;
may, subject to the provisions of section 4-A, be
punished with whipping in lieu of or in addition to any other punishment to
which
he may for such offence, abetment or attempt be liable under the said
Code].
[8][4-A. Compulsory
whipping in certain offences.— (1) Whoever—
(a) commits,
attempts to commit or abets the commission of an offence punishable under any
of the sections 363 to 376 (both inclusive)
of the Pakistan Penal Code in
respect of a male under ten years of age or a female; or
(b) commits, attempts to commit or abets the commission of an offence
punishable under section 325 or section 326 of the said Code causing
disfiguration of a woman in face or body, or maiming a child under the age of
fourteen years;
[9][(c) abets, commits or attempts to commit, in respect of, or involving,
cattle, an offence of—
(i) taking gift for recovering stolen property
punishable under section 215 of the Pakistan Penal Code;
(ii) theft
punishable under section 379, 380, 381 or 382 of the said Code;
(iii) dishonestly
receiving or retaining stolen property punishable under section 411 of said
Code; or
(iv) lurking house-trespass or house-breaking
punishable under section 453, 457, 458, 459 or 460 of the said Code];
shall be punished with whipping in addition to any other
punishment to which he may for such offence, abetment or attempt be liable
under the said Code.
(2) Notwithstanding anything contained in section
393 of the Code of Criminal Procedure, 1898[10] a male
sentenced to imprisonment for more than five years (not being a sentence of
death or transportation) or any male whom the
Court considers to be more than
forty-five year of age, shall be liable to the punishment of whipping under
sub-section (1)].
5. Juvenile offenders when punishable with whipping.— Any juvenile offender who
abets, commits or attempts to commit—
(a) any offence punishable under the Pakistan
Penal Code[11], except offences specified
in Chapter VI and in sections 153A and 505 of that Code and offences punishable
with death, or
(b) any offence
punishable under any other law with imprisonment which the
[12][Provincial
Government] may, by notification in the
[13][Official
Gazette], specify in this behalf,
may
be punished with whipping in lieu of any other punishment to which he may for
such offence, abetment or attempt be liable.
Explanation— In this section the
expression “juvenile offender” means an offender whom the Court,
after making such enquiry (if any) as may be deemed necessary, shall find to be
under sixteen years
of age, the finding of the Court in all cases being final
and conclusive.
6. Special provision as to punishment with whipping in frontier
districts.—
When any [14][Provincial Government] has
by notification in the [15][Official Gazette], declared
the provisions of this section to be in force in any frontier district or any
wild tract of country within
the jurisdiction of such [16][Provincial Government], any
person who in such district or tract of country after such notification as
aforesaid commits any offence
punishable under the Pakistan Penal Code[17] with imprisonment for three
years or upwards, may be punished with whipping in lieu of any other punishment
to which he may be liable
under the said Code.
7. [Amendment of section 392,
Act V, 1898]. Repealed by the
Repealing Act, 1938 (I of 1938), section 2 and Schedule.
8. [Repeals.] Repealed by
the Second Repealing and Amending Act, 1914[18], section 3 and Second
Schedule.
THE SCHEDULE— [Enactments repealed]. Repealed
by the Second Repealing and Amending Act, 1914 (XVII of 1914), section 3 and
Second
Schedule.
[1]For statement of objects and
reasons, see Gazette of India, 1908, Pt V, p.222 for report of Select
Committee, see ibid., 1909, Pt. V, p.
47; and for Proceedings in Council, see ibid.;
1908, Pt. VI, p.19, and ibid.; 1909,
Pt. VI, pp, 14, 18 and 31.
This act had been applied to Phulera in the Excluded Area of Upper
Tanawal to the extent the Act is applicable in the N.W.F.P., and
extended to
the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect
from such date and subject to such modifications
as may be notified, see, N.W.F.P.
(Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It had also been extended to the Leased Areas of Baluchistan, see
the G.G.O. III of 1950, and applied in the Federated Areas of Baluchistan,
see
Gaz. of India, 1937, Pt. I, p. 1499.
[2]Substituted by the Central
Laws (Status Reform) Ordinance, 1960 (XXI of 1960) section 3 and 2nd Sch. (with
effect from the 14th October,
1955), for sub-section (2) as amended by
Adaptation Order, 1949, and the Federal Laws (Revision and Declaration) Act,
1951 (XXVI
of 1951), section 8.
[3]XLV of 1860.
[4]Ibid.
[5]Substituted, for the words
“may be punished”, by the Whipping (West Pakistan Amendment) Ordinance, 1969
(VI of 1969).
[6]Section 3-A was inserted by
the Whipping (West Pakistan Amendment) Ordinance, 1963 (XLII of 1963) and del.
by the Whipping (West Pakistan
Amendment) Ordinance, 1969 (VI of 1969).
[7]Section 4, substituted ibid.
[8]Section 4-A, inserted by the
Whipping (West Pakistan Amendment) Ordinance, 1963 (XLII of 1963).
[9]Inserted by the Whipping
(West Pakistan Amendment) Ordinance, 1963 (XLII of 1963) and del. by the
Whipping (West Pakistan Amendment)
Ordinance, 1969 (VI of 1969).
[10]Act V of 1898.
[11]XLV of 1860.
[12]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Governor
General in Council”.
[13]Substituted ibid., for “Gazette of India”.
[14]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Governor
General in Council”.
[15]Substituted ibid., for “Gazette of India”.
[16]Substituted ibid., for “Governor General in
Council”.
[17]XLV of 1860.
[18]XVII of 1914.
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/pk/legis/pj/consol_act/wa1909115