Theft
Whoever, intending to take dishonestly any movable
property out of the possession of any person
without that person's consent, moves that property in
order to such taking, is said to commit theft.
Punishment for theft
Whoever commits theft shall be punished with
imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Extortion
Whoever intentionally puts any person in fear of any
injury to that person, or to any other, and
thereby dishonestly induces the person so put in fear
to deliver to any person any property or
valuable security or anything signed or sealed which
may be converted into a valuable security,
commits "extortion".
Punishment for extortion
Whoever, commits extortion shall be punished with
imprisonment of either description for a term
which may extend to three years, or with fine, or with
both.
Robbery
In all robbery there is either theft or extortion.
When theft: Theft is "robbery" if, in order to the
committing of the theft, or in committing the
theft, or in carrying away or attempting to carry away
property obtained by the
theft, the offence, for that end, voluntarily causes or
attempts to cause to any
person death or hurt, or wrongful restraint, or fear of
instant death or of instant
hurt or of instant wrongful restraint.
Punishment for robbery:
Whoever commits robbery shall be punished with
rigorous imprisonment for a term which 155[shall
not be less than three years nor more than] 155 ten
years, and shall also be liable to fine; and, if the
robbery be committed on the highway 156[] 156 the
imprisonment may be extended to fourteen
years.
Extortion:
Extortion is "robbery" if the offender, at the time of
committing the extortion, is in
the presence of the person put in fear, and commits
the extortion by putting that
person in fear of instant death, of instant hurt, or of
instant wrongful restraint to
that person, or to some other person, and by so putting
in fear, induces the person so put in fear then and there
to deliver up the thing extorted.
Dacoity
When five or more persons conjointly commit or
attempt to commit a robbery, or where the whole
number of persons conjointly committing or attempting
to commit a robbery and persons present
and aiding such commission or attempt, amount to five
or more, every person so committing,
attempting or aiding is said to commit "dacoity".
hurt
Whoever causes pain, harm, disease, infinity or injury
to any person or impairs, disables or
dismembers any organ of the body or part thereof of
any person without causing his death, is
said to cause hurt.
The following are the kinds of hurt:
(a) Itlaf-i-udw
(b) Itlaf-i-salahiyyat-i-udw
(c) shajjah
(d) jurh and
(e) all kinds of other hurts.
Itlaf-i-udw:
Whoever dismembers, amputates, severs any limb or
organ of the body of another person is said
to cause Itlaf-i-udw.
Punishment for Itlaf-udw:
Whoever by doing 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 causes Itlaf-i-udw of any person,
shall, in consultation with the authorised medical
officer, be punished with qisas, and if the qisas is
not executable keeping in view the principles of
equality in accordance with the Injunctions of
Islam, the offender shall be liable to arsh and may also
be punished with imprisonment of either
description for a term which may extend to ten years as
ta'zir.
Itlaf-i-salahiyyat-i-udw:
Whoever destroys or permanently impairs the
functioning, power or capacity of an organ of the
body of another person, or causes permanent
disfigurement is said to cause itlaf-i-salahiyyat-i-
udw.
Punishment for itlaf-i-salahiyyat-i-udw:
Whoever, by doing any act with the intention of
causing hurt to any person, or with the knowledge
that he is likely to cause hurt to any person, causes
itlaf-i-salahiyyat-i-udw of any person, shall, in
consultation with the authorised medical officer, be
punished with qisas and if the qisas is not
executable, keeping in view the principles of equality in
accordance with the Injunctions of Islam,
the offender shall be liable to arsh and may also be
punished with imprisonment of either
description for a term which may extend to ten years as
taz’ir.
Shajjah
Whoever causes, on the head or face of any person,
any hurt which does not amount to itlaf-i-
udw or itlaf-i-salahiyyat-i-udw, is said to cause shajjah.
The following are the kinds of shajjah namely:-
(a) Shajjah-i-Khafifah
(b) Shajjah-i-mudihah
(c) Shajjah-i-hashimah
(d) Shajjah-i-munaqqilah
(e) Shaijah-i-ammah and
(f) Shajjah-i-damighah
Whoever causes shajjah:-
1. without exposing bone of the victim, is said to
cause shajjah-i-khafifah;
2. by exposing any bone of the victim without causing
fracture, is said to cause shajjah-imudihah;
3. by fracturing the bone of the victim, without
dislocating it, is said to cause shajjah-ihashimah;
4. by causing fracture of the bone of the victim and
thereby the bone is dislocated, is said tocause
shajfah-i-munaqqilah;
5. by causing fracture of the skull of the victim so that
the wound touches the membrane of the brain, is
said to cause shajjah-i-ammah;
6. by causing fracture of the skull of the victim and
the wound ruptures the membrane of the brain is
said to cause shajjah-i-damighah.
Punishment of shajjah:
Whoever, by doing 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, causes-
Jurh
Whoever causes on any part of the body of a person,
other than the head or face, a hurt
which leaves a mark of the wound, whether temporary
or permanent, is said to cause jurh.
Jurh is of two kinds, namely
Jaifah
Ghayr-jaifah.
Jaifah
Whoever causes jurh in which the injury extends to the
body cavity of the trunk, is said to cause
jaifah.
Punishment for jaifah:
Whoever by doing any act with the intention of causing
hurt to a person or with the knowledge
that he is likely to cause hurt to such person, causes
jaifah to such person, shall be liable to arsh
which shall be one-third of the diyat and may also be
punished with imprisonment of either
description for a term which may extend to ten years as
ta'zir.
Ghayr-jaifah
Whoever causes jurh which does not amount to jaifah,
is said to cause ghayr-jaifah.
The following are the kinds of ghayr-faifah, namely
1. damihah
2. badi'ah
3. mutalahimah
4. mudihah
5. hashimah; and
6. munaqqilah
Whoever causes ghayr-jaifah
in which the skin is ruptured and bleeding occurs,
is said to cause damiyah;
by cutting or incising the flesh without exposing
the bone, is said to cause badi'ah;
by lacerating the flesh, is said to cause
mutalahimah;
by exposing the bone, is said to cause mudihah;
by causing fracture of a bone without dislocating
it, is said to cause hashimah; and
by fracturing and dislocating the bone, is said to
cause munaqqilah.
Punishment of ghayr-jaifah:
Whoever by doing any act with the intention of causing
hurt to any person, or with the knowledge
that he is likely to cause hurt to any person, causes:-
1. damihah to any person, shall be liable to daman
and may also be punished with imprisonment of
either description for a term which may extend to
one year as ta'zir;
2. badi'ah to any person, shall be liable to daman and
may also be punished with imprisonment of either
description for a term which may extend to three
years as ta'zir;
3. mutafahimah to any person, shall be liable to
daman and may also be punished with
imprisonment of either description for a term
which may extend to three years as ta'zir;
4. mudihah to any person, shall be liable to daman
and may also be punished with imprisonment of
either description for a term which may extend to
five years as ta'zir;
5. hashimah to any person, shall be liable to daman
and may also be punished with imprisonment of
either description for a term which may extend to
five years as ta'zir, and
6. munaqqilah to any person, shall be liable to daman
and may also be punished with imprisonment of
either description for a term which may extend to
seven years as ta'zir.
