Except in the circumstances mentioned in section 204, whoever being a mukallaf in a state of anger causes the death of a human being;

(a) with the intention of causing death in such bodily injury as is probable or likely to cause death with an object either sharp or heavy; or

(b) with a light stick or whip or any other thing of that nature which is not intrinsically likely or probable to cause death, commits the offence of intentional homicide (qatl al-amd).

Whoever commits the offence of intentional homicide shall be punished:-

(a) with death; or

(b) where the relatives of the victim remit the punishment in (a) above, with the payment of diyyah; or

(c) where the relatives of the victim remit the punishment in (a) and (b) above, with caning of one hundred lashes and with imprisonment for a term of one year: Provided that in cases of intentional homicide by way of gheelah or hirabah, the punishment shall be with death only.

Whoever being a mukallaf causes the death of any other person by mistake or accident, is said to commit unintentional homicide.

 202. Punishment for unintentional homicide

Whoever commits the offence of unintentional homicide shall be punished with the payment, of diyyah.

Whoever being a waliyy al-damm of a deceased person causes the death of the suspect alleged to have killed the deceased shall be punished:-

(a) with imprisorunent for a term of six months and shall also be liable to caning which may extend to fifty lashes, if it was proved that the person killed was the one who caused the death of the deceased; or

(b) where it was not proved that the suspect was the one who caused the death of the deceased, or it was proved that the death of the deceased was caused by the suspect but with legal justification the waliyy al-damm shall be deemed to have committed intentional homicide punishable under section 200.

Except in the circumstances mentioned in section 200, intentional homicide is punishable with the payment of diyyah and not with death in any of the following circumstances:-

(a) where the offender is an ascendant of the victim or where the intention of the ascendant is clearly shown to be the correction or discipline of the victim; or

(b) where the offender, being a public servant acting for the advancement of public justice or being a person aiding a public servant so acting exceeds the powers given to him by law and necessary for the due discharge of his duty as such public servant or for assisting such public servant in the due discharge of such duty and without ill will towards the person whose death is caused; or

(c) where the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.

Whoever does any act not resulting in death with such intention or knowledge and in such circumstances that if he by that act caused death, he would be guilty of intentional homicide, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning of one hundred lashes.

Whoever abets:-

(a) any person under fifteen years of age or any insane person or any delirious person or any idiot or any person in a state of intoxication to commit suicide; or

(b) any person to commit intentional homicide or unintentional homicide; shall be punished under section 200 of this Shari'ah Penal Code if:-

(i) the abettor knew of the probable or likely consequence or result or effect of the act of the persons mentioned in (a) and (b) above; and

(ii) theexecution/carrying out of the act of the persons mentioned in (a) and (b) above would not have been possible without the abetment of the abettor.

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with the payment of ghorrah, and shall also be liable to caning which any extend to ten lashes.

EXPLANATION: A woman, who causes herself to miscarry, is within the meaning of this section.

Whoever uses force to any woman and thereby causes her to unintentionally miscarry, shall be punished with the payment of the ghorrah.

Whoever with intent to cause miscarriage of a woman whether with child or not does any act which causes the death of such woman, shall be punished:-

(a) with the payment of diyyah; or

(b) if the act is done without the consent of the woman, with qisas.

Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth and does by such act prevent that child from being born alive or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished:-

(a) with qisas; and

(b) if without intention with payment of diyyah.

Whoever does any act in such circumstances that, if he thereby caused death he would be guilty of intentional homicide and does by such act caused the death of a quick unborn child, shall be punished with the payment of ghorrah, in addition to the punishment for the offence of attempt to cause the death of the woman.

Whoever being the father or mother or having the care of a child under the age of fifteen years exposes or leaves such child in any place with the intention of wholly or partly abandoning such child, shall be punished with imprisonment for a term which may extend to three years and shall be liable to caning which may extend to forty lashes.

Whoever having the charge or care of a child under the age of fifteen years or being in a position of authority over him wilfully ill-treats or neglects him in such a way as to cause him unnecessary suffering, shall be punished:

(a) with imprisonment for a term which may extend to one year or with fine or with both; and

(b) if the ill-treatment or neglect results in serious injury to the health of such child, the offender shall be punished with imprisonment for a term-which may extend to five years.

Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, 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 thirty lashes.

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

The following kinds of hurt only are designated as grievous:-

(a) Emasculation;

(b) Permanent deprivation of the sight of an eye, of the hearing, of an ear, of the power of speech, taste, smell or sound mind;

(c) Deprivation of any member or joint;

(d) Destruction or permanent impairing of the powers of any member or joint;

(e) Permanent disfiguration of the head or face;

(f) Fracture or dislocation of a bone or tooth;

(g) any hurt which endangers life or which causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits.

Whoever does any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely thereby to cause hurt to any person and does thereby cause hurt to any person, is said voluntarily to cause hurt.

Whoever voluntarily causes hurt, if the hurt which he intends to cause or know himself to be likely to cause is grievous hurt and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.

Whoever voluntarily causes hurt to any person shall be punished with imprisonment for a term which may extend to six months or with caning which may extend to twenty lashes and shall also be liable to pay damages.

Whoever voluntarily causes grievous hurt to any person shall be punished:

(a) with retaliation (qisas); or

(b) where the qisas is not applicable or the act was done by mistake, with the payment of diyyah as provided under the schedule to this Shari'ah Penal Code and shall also be liable to imprisonment for a term which may extend to six months; or with caning which may extend to twenty lashes or with both.

A person is said to use force to another if he causes motion, change of motion or cessation of motion to that other or if he causes any substance to come into contact with anv part of that other's body or with anything which that other is wearing or carrying or with anything so situated that such contact affects that other's sense of feeling where the person causing any effect above-mentioned, causes it:

(a) by his own body power; or

(b) by disposing any substance in such a manner that the effect takes place without any further voluntary act on his part or on the part of any other person; or

(c) by means of any animal.

Whoever intentionally uses force to any person without that person's consent:-

(a) while preparing to commit any offence; or

(b) in the course of committing any offence; or

(c) intending by the use of such force to cause or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Whoever makes any gesture or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

Whoever assaults or uses criminal force to any person shall be punished:-

(a) with imprisonment for a term which may extend to one month or with fine or with both;

(b) if grievous hurt is caused to any person by such assault or criminal force, under qisas.

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant or with intent to prevent or deter that person from discharging his duty as such public servant or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to forty lashes.

Whoever assaults or uses criminal force to any person in attempting to commit theft or any property which that person is then wearing or carrying, shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to twenty lashes.

Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person shall be punished with imprisonment for a term which may extend to two months or with a fine or with both.

Whoever takes or entices any person under fourteen years of age if a male or under sixteen years of age if a female, or any person of unsound mind out of the keeping of the lawful guardian of such person without the consent of such guardian or conveys any such person beyond the limits of the state without the consent of someone legally authorised to consent to such removal, is said to kidnap such a person.

Whoever by force compels or by any deceitful means induces any person to go from any place, is said to abduct such person.

(1) Whoever kidnaps any person under the age of seven shall be punished under section 145 (for the offence of theft punishable with hadd).

(2) Where the person kidnapped is above the age of seven shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to forty lashes.

Whoever abducts any person shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to forty lashes.

Whoever kidnaps or abducts any person in order that such person may be killed or may be so disposed of as to be put in danger of being killed, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to caning of fifty lashes.

Whoever, by means of whatsoever, induces any girl or woman to go from any place or to do any act with intent that such girl or woman may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with himself or another person shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.

 Whoever imports into the State from any place outside the State any girl or woman with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with himself or with another person shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.

Whoever knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such a person, shall be punished in the same manner as if he had kidnapped or abducted such person.

 Whoever buys, sells, hires, lets to hire or otherwise obtains possession or disposes of any person under the age of fifteen years or any person of unsound mind, with intent that such person shall be employed or used for the purpose of prostitution or for any unlawful or immoral purpose or knowing it to be likely such minor or unsound minded person will be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine.

 (1) Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

(2) Without prejudice to subsection (1) above, the person so compelled to labour against his will shall be entitled to compensation to be determined by the court.

Whoever, in order to gratify the passions of another person, procures, entices or leads away, even with her consent, any woman or girl for immoral purpose shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to fifty lashes.