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INTRODUCTION

CONTENTS

CHAPTER 1

CHAPTER 2

CHAPTER 3

CHAPTER 4

CHAPTER 5

CHAPTER 6

CHAPTER 7

CHAPTER 8

CHAPTER 9

CHAPTER 10

SCHEDULE



ZAMFARA STATE OF NIGERIA
SHARI'AH PENAL CODE LAW
JANUARY, 2000



CONTENTS

CHAPTER I

SECTION

1. Sense of expression once explained

2. Gender

3. Number

4. Man, Woman

5. Person

6. Public

7. Court of Justice

8. Judicial proceedings

9. Public servant

10. Armed forces

11. Movable property

12. Wrongful gain

13. Wrongful loss

14. Gaining wrongfully, losing wrongfully

15. Dishonestly

16. Fraudulently

17. Reason to believe

18. Likely, probable

19. Property in possession of wife, clerk or servant

20. Counterfeit

21. Writing, document

22. Document of title

23. Words referring to acts include illegal omissions

24. Act, omission

25. Effect caused partly by act and partly by omission

26. Voluntarily

27. Offence

28. Illegal

29. Legally bound to do

30. Injury

31. Life, death

32. Animal

33. Vessel

34. Year, month

35. Oath

36. Good faith

37. Compensation

38. Invalid consent

39. Harbour

40. Genital

41. Zina

42. Married

43. Sadaq al-mithli

44. Rajm

45. Hirz

46. Nisab

47. Taklif

48. Mukallaf

49. Waliyy al-damm

50. Qatl al-gheelah

51. Al-aqilah

52. Wa'az

53. Tash-heer

54. Hajar

55. Al-musadarah

56. Ghorrah

57. Ta'azir

58. Tawbikh

59. Diyyah

60. Hukumah

61. Government

62. Foreign government

CHAPTER II

CRIMINAL RESPONSIBILITY

63. Basic criminal responsibility

64. Common knowledge

65. Presumption of knowledge of an intoxicated person

66. Act done by person justified by law

67. Act of court of justice

68. Act done pursuant to the judgment or order of court

69. Accident in doing a lawful act

70. Act likely to cause injury but done without criminal intent and to prevent other injury or to benefit person injured

71. Act of child

72. Act of person of unsound mind or person asleep

73. Involuntary intoxication

74. Act not intended to cause death or grievous hurt done by consent

75. Act not intended to cause death done by consent for a person's benefit

76. Correction of child, pupil, servant or wife

77. Communication made in good faith

78. Act to which a person is compelled by threats

79. Non-voluntary act

80. Act of necessity

81. Act causing slight harm

82. Presumption of right of diyyah, damage, etc

83. Things done in private defence

84. Right of private defence

85. Right of private defence against act of a person of unsound mind

86. General limit of right of private defence

87. No right of private defence when protection of public authorities available

88. Limitation of right of private defence against act of public servant

89. When right of private defence of the body extends to causing death

90. When right of private defence of property extends to causing death

91. Right of private defence against deadly assault when there is risk of harm to innocent person.

92. General offences and punishment

CHAPTER III

PUNISHMENTS AND COMPENSATION

93. Punishments

94. Limitation on punishments

95. Special provision for juvenile offenders

96. Amount of fine

97. Sentence of Imprisonment for non-payment of fine

98. Imprisonment in default of payment of fine

99. Fine not discharged by death or service of sentence in default of payment

100. Limit of punishment when act within definition of more than one offence made up of several offences

101. Caning or whipping

102. Punishment for misdemeanours

103. Restitution or compensation

104. Closure of premises

CHAPTER IV

JOINT ACTS

105. Acts done by several persons in furtherance of common intention

106. When such act is criminal by reason of its being done with a criminal knowledge or intention.

107. Co-operation by doing one of several acts constituting an offence

108. Persons concerned in criminal act may be guilty of different offences

CHAPTER V

ABETMENT

109. Abetment defined

110. Abetment of offence defined

111. Abetment if the act abetted is committed in consequence and where no express

provision is made for its punishment

112. Abetment if person abetted does act with different intention from that of abettor

113. Liability of abettor when one act abetted and different act done

114. Abettor when liable to cumulative punishment for act abetted and for act done

115. Liability of abettor for an effect caused by the act abetted different from that intended by abettor

116. Abettor present when offence committed liable as principal

117. Abetment of offence punishable with death or imprisonment for life if offence not committed.

118. Abetment of offence punishable with imprisonment if offence is not committed

119. Abetting commission of offence by the public or by more than ten persons

120. Administering unlawful oath

CHAPTER VI

ATREMPTS TO COMMIT OFFENCES

121. Attempting to commit offences punishable with imprisonment

CHAPTER VII

CRIMINAL CONSPIRACY

122. Criminal conspiracy defined

123. Punishment for criminal conspiracy

124. Unlawful society defined

125. Management or membership of unlawful society

CHAPTER VIII

HUDUD AND HUDUD REIATED OFFENCES

126. Zina defined

127. Punishment for zina

128. Rape defined

129. Punishment for rape

130. Sodomy defined

131. Punishment for sodomy

132. Incest defined

133. Punishment for incest

134. Lesbianism defined

135. Punishment for lesbianism

136. Bestiality defined

137. Punishment for bestiality

138. Acts of gross indecency

139. Qadhf defined

140. Punishment for qadhf

141. Remittance of the offence of qadhf

142.(1) Defamation defined

142.(2)(i) Imputation of truth which public good requires to be published

(ii) Public conduct of public service.

(iii) Conduct of any person touching any public question.

(iv) Publication of reports of proceedings of courts.

(v) Merits of case decided in courts or conduct of witnesses and others concerned.

(vi) Merits of public performance

(vii) Censure passed in good faith by person having lawful authority over another

(viii) Accusation preferred in good faith of authorised person

(ix) Imputation made in good faith by person for protection of his others' interest

(x) Caution intended for good of person to whom conveyed or for public good

143. Punishment for defamation

144. Theft defined

145. Punishment for theft

146. Theft not punishable with hadd defined

147. Remittance of the hadd for theft

148. Punishment for theft not punishable with hadd

149. Punishment for drinking alcoholic drink

150. Punishment for dealing in alcoholic drinks

151. Punishment for drunkenness in a public or private place

152. Hirabah defined

153. Punishment for hirabah

154. Making preparation to commit hirabah

155. Belonging to gang of persons associated for the purpose of committing hiraba

 

Offences against property

156. Extortion defined

157. Punishment for extortion

158. Putting person in fear of in ury in order to commit extortion

159. Extortion by putting a person in fear of death or grievous hurt

160. Extortion by threat of accusation of an offence punishable with death

Criminal misappropriation

161. Criminal misappropriation defined

162. Punishment for criminal misappropriation

163. Criminal misappropriation of property possessed by deceased person at the time of his death

Criminal breach of trust

164. Criminal breach of trust defined

165. Punishment for criminal breach of trust

166. Criminal breach of trust by carrier, etc

167. Criminal breach of trust by clerk or servant

168. Criminal breach of trust by public servant or by banker, merchant or agent

Receiving Stolen Property

169. Stolen property defined

170. Dishonestly receiving stolen property

171. Assisting in concealment of stolen property

172. Having possession of thing reasonably suspected of being stolen

Cheating

173. Cheating defined

174. Cheating by personification defined

175. Punishment for cheating

176. Cheating person whose interest offender is bound to protect

177. Punishment for cheating by personification

178. Cheating and dishonestly inducing delivery of property

Criminal Trespass

179. Criminal trespass defined

180. House trespass defined

181. Lurking house trespass defined

182. Lurking house trespass by night defined

183. Housebreaking defined

184. Housebreaking by night defined

185. Punishment for criminal trespass

186. Punishment for house trespass

187. House trespass to commit offence punishable with death

188. House trespass to commit offence punishable with fourteen years imprisonment

189. House trespass to commit offence punishable with imprisonment

190. Punishment for lurking house trespass or housebreaking

191. Punishment for lurking house trespass or housebreaking in order to commit offence punishable with imprisonment

192. Lurking house trespass or housebreaking by night

193. Lurking house trespass or housebreaking by night to commit offence punishable with imprisonment

194. Joint liability for lurking house trespass or housebreaking where death or grievous hurt caused

195. Breaking open receptacle containing property

196. Breaking open receptacle by person entrusted with custody

197. Lurking with house breaking instruments

198. Fabrication of false key or instrument

CHAPTER IX

QISAS AND QISAS RELATED OFFENCES


199. Intentional homicide defined

200. Punishment for intentional homicide

201. Unintentional homicide defined

202. Punishment for unintentional homicide

203. Waliyy al-damm causing death of suspect

204. When intentional homicide is not punishable with death

205. Attempts to commit intentional homicide

206. Abetment in cases of homicide

Causing Miscarriage, Injuries to Unborn Children, Exposure of Infants,

Cruelty to Children and concealment of birth

207. Causing miscarriage

208. Causing miscarriage intentionally

209. Death caused by act done with intent to cause miscarriage

210. Act done with intent to prevent child being born alive or to cause it to die after birth

211. Causing death of quick unborn child by act amounting to culpable homicide

212. Abandonment of child under fifteen years

213. Cruelty to children

214. Concealment of births

Hurt

215. Hurt defined

216. Grievous hurt defined

217. Voluntarily causing hurt defined

218. Voluntarily causing grievous hurt defined

219. Punishment for causing hurt

220. Punishment for causing grievous hurt

Criminal Force and Assault

221. Force defined

222. Criminal force defined

223. Assault defined

224. Punishment for assault or criminal force

225. Assault or criminal force to deter public servant from discharge of his duty

226. Assault or criminal force to woman with intent to outrage modesty

227. Assault or criminal force in attempt to commit theft of property carried by a person

228. Assault or criminal force in attempt wrongfully to confine a person

Kidnapping, Abduction and Forced Labour

229. Kidnapping defined

230. Abduction defined

231. Punishment for Kidnapping

232. Punishment for abduction

233. Kidnapping or abducting in order to cause death

234. Procuration of minor girl or woman

235. Importation of girl or woman from any place outside the State

236. Concealing or keeping in confinement Kidnapped or abducted person

237. Buying or selling minor or unsound minded person for immoral purpose

238. Unlawful compulsory labour

239. Traffic in women

CHAPTER X

CRIMINAL INTIMIDATION

240. Criminal intimidation defined

241. Punishment for criminal intimidation

242. Criminal intimidation by anonymous communication

Wrongful Restraint and Wrongful Confinement

243. Wrongful restraint defined

244. Wrongful confinement defined

245. Punishment for wrongful restraint

246. Punishment for wrongful confinement

247. Wrongful confinement after warrant or order or writ issued for production or liberation

248. Wrongful confinement in secret

249. Wrongful confinement to extort property or constrain to illegal act

250. Wrongful confinement to extort confession or compel restoration of property

Forgery

251. Making a false document defined

252. Forgery and forged document defined

253. Punishment for forgery

254. Forgery of public seals, etc

255. Using as genuine a forged document

256. Making or possessing counterfeit seal with intent to commit forgery

257. Possession of forged record

258. Counterfeiting device or mark used for authenticating document

259. Fraudulent cancellation or destruction of document of title

260. Falsification of accounts

Property and Other Marks

261. Property mark defined

262. Using a false property mark defined

262A. Punishment for using a false property mark

263. Punishment for counterfeiting a property mark used by another

264. Counterfeiting a mark used by a public servant

265. Making or possession of any instrument for counterfeiting a property mark

266 Punishment for making or possession of any instrument for counterfeiting a property mark.

267. Making use of any such false mark

268. Tampering with property mark

Criminal Breach of Contracts of Service

269. Breach of contract of service during voyage or journey

270. Breach of contract to attend on and supply wants of helpless person

Breach of Official Trust

271. Breach of official trust defined

272. Punishment for breach of official trust

Offence against the public peace

273. Unlawful assembly defined

274. Membership of unlawful assembly defined

275. Punishment for membership of unlawful assembly

276. Joining unlawful assembly armed with deadly weapon

277. Joining or continuing in unlawful assembly knowing it has been commanded to disperse

278. Rioting defined

279. Punishment for rioting

280. Rioting armed with deadly weapon

281. Every member of unlawful assembly guilty of offence committed in prosecution of common object

282. Promoter of unlawful assembly liable as a member

283. Joining or continuing in assembly of five or more persons knowing that it has been commanded to disperse

284. Wearing or carrying of emblem, flag, etc

285. Assaulting or obstructing public servant when suppressing riot, etc

286. Disturbance of public peace

287. Inciting disturbance

Offences by or Relating to Public Servants

288. Public servants taking gratification in respect of official act

289. Taking gratification in order influence public servant

296. Abetment by public servant of offence mentioned in section 289

291. Offering or giving gratification to public servant

292. Public servant obtaining valuable thing without consideration from person concerned in proceeding or business transacted by such public servant

293. Offering or giving valuable thing without consideration

294. Third person profiting by gratification

295. Public servants dishonestly receiving money or property not due

296. Public servant disobeying direction of law with intent to cause injury or to save person from punishment or property from forfeiture

297. Public servant framing incorrect document with intent to cause injury

298. Public servant in judicial proceeding acting contrary to law

299. Wrongful committal or confinement by public servant

300. Public servant omitting to arrest or aiding escape

301. Public servant negligently omitting to arrest or permitting to escape

302. Abandonment of duty by public servant

303. Public servant unlawfully purchasing property

304. Personating a public servant

Contempts of the Lawful Authority of Public Servants

305. Absconding to avoid or preventing service or publication of summons, notice or order, etc

306. Failure to attend in obedience to an order from public servant

307. Failure to produce document to public servant

308. Failure to give notice or information to public servant

309. Furnishing false information

310. False information with intent to mislead public servant

311. Refusing to answer public servant authorised to question

312. Refusing to sign statement

313. Resistance to taking of property by lawful authority of public servant

314. Obstructing sale of property offered for sale by authority of public servant

315. Removing property under lawful seizure

316. Illegal purchase or bid for property offered for sale by authority of public servant

317. Obstructing public servant in discharge of functions

318. Obstructing public servant in discharge of duty under any written law

319. Falling to assist public servant when bound by law to assist

320. Contravention of residence order

321. Disobedience to order duly promulgated by public servant

322. Threat of injury to public servant

323. Threat of injury to induce person to refrain from applying for protection to public servant.

324. Intentional insult or interruption to public servant sitting in judicial proceeding

False Evidence and Offences Relating to the Administration of Justice

Offences relating to Evidence

325. Giving false evidence defined

326. Fabricating false evidence defined

327. Punishment for false evidence

328. Giving false evidence to procure conviction of capital offence

329. Giving false evidence to procure conviction of offence punishable with imprisonme

330. Using evidence known to be false

331. Issuing or signing false evidence

332. Using as true a certificate known to be false

333. False statement in declaration which is by law receivable as evidence

334. False translation

335. Destruction of document to prevent its production as evidence

Screening of Offenders

336. Causing disappearance of evidence of offence or giving false information to screen offender

337. Taking gratification to screen an offender from punishment

338. Offering gratification in consideration of screening offender

339. Penalty for harbouring offender who commits the offence of hirabah

Resistance to Arrest, and Escape

340. Resistance or obstruction to lawful arrest of another person

341. Resistance or obstruction by a person to his lawful arrest or escape

342. Resistance or obstruction to lawful arrest or escape in cases not provided for by section 341.

Fraudulent Dealng with Property

343. Fraudulent removal of property to prevent lawful seizure or execution

344. Fraudulently suffering decree for sum not due

345. Fraudulently obtaining decree for sum not due

346. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration

Miscellaneous

347. Giving false information respecting an offence

348. False personation

349. False charge of offence made with intent to injure

350. Taking gift to help to recover stolen property

351. Influencing cause of justice

Public Nuisance

352. Public nuisance defined

353. Adulteration of food or drink intended for sale

354. Sale of food or drink not corresponding to description

355. Sale of adulterated food or drink

356. Sale of noxious food or drink

357. Adulteration of drugs

358. Sale of adulteration or expired drugs

359. Sale of drug as a different drug or preparation

360. Fouling water or public well

361. Making atmosphere noxious to health

362. Exhibition of false light, mark or buoy

363. Obstruction in public way or line of navigation

364. Employees engaged on work of public utility ceasing work without notice

365. Negligent conduct causing danger to person or property

366. Negligent conduct with respect to animal

367. Punishment for public nuisance in case not otherwise provided for

368. Continuance of nuisance after Injunction to discontinue

369. Invasion of privacy

370. Obscene or indecent acts

371. Keeping a brothel

372. Sale of obsence books, etc

373. Obscene songs, etc

Vagabonds

374. Definitions

375. Penalty on conviction as idle person

376. Penalty on conviction as vagabond

377. Penalty on conviction as incorrigible vagabond

378. Evidence of intent to commit an offence

Mischief

379. Mischief defined

380. Punishment for mischief

381. Mischief by killing or maiming animal

382. Mischief in relation to water supply

383. Mischief by injury to public road, bridge, river or channel

384. Mischief by inundation or obstruction to public drainage

385. Mischief in relation to electricity, telegraphs and telephones

386. Mischief by destroying or moving a public landmark

387. Mischief by fire or explosive with intent to cause damage

388. Mischief to vessel

389. Mischief by fire to vessel

390. Running vessel aground or ashore with intent to commit theft

392. Mischief committed after preparation made for causing death or hurt

Lotteries and Gaming Houses

393. Definition

394. Keeping gaming house or lottery office

395. Offences relating to lotteries

396. Power to order forfeiture of lottery equipment, proceeds, etc

Cruelty to Animals

397. Ill- treatment of domestic animals

398. Overriding and neglect of animal

399. Power to order temporary custody or destruction of animal

Offences Relating to Religion

400. Insulting or exciting contempts of religious creed

401. Injuring or defiling place of worship

402. Disturbing religious assembly

403. Committing trespass on place of worship or burial

Offences Relating to Ordeal, Witchcraft and Juju

404. Trial by ordeal

405. Prohibition of juju

406. Offences relating to witchcraft and juju

407. Criminal charms

408. Cannibalism

409. Unlawful possession of human corpse or any part thereof

SCHEDULE

PART "A": Cases that Warrant the Penalty Retaliation.

PART "B": Cases that Warrant the Full Amount of Diyyah.

PART "C".

PART "D": Cases that Warrant Half of the Full Diyyah.

PART "E": Cases that Warrant One Third of the Full Diyyah.

PART "F": Cases that Warrant the Payment of One-tenth of the Diyyah .

PART "G": Cases that Warrant the Payment of One-Twentieth of the Full Diyyah.

PART "H": Cases that Warrant the Payment of One-Thirtieth of the Full Diyyah .

PART "I": Cases that Warrant the Payment of Three-Twentieth of the Full Diyyah.

PART "J": Cases that do not Warrant the Payment of Diyyah but are subject to computation of damages only (HUKUMA).

 


























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