False Evidence AND Offences Against Public Justice - Second Lacture
False Evidence AND Offences Against Public Justice - Second Lacture
False Evidence AND Offences Against Public Justice - Second Lacture
PUBLIC JUSTICE
Sections 212 to 129
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
1. Sec-212. Harbouring offender.
2. Sec-213. Taking gift, etc., to screen an offender from punishment.
3. Sec-214. Offering gift or restoration of property in consideration of screening offender.
4. Sec-216. Harbouring offender who has escaped from custody or whose apprehension has
been ordered.
5. Sec-217. Public servant disobeying direction of law with intent to save persons from
punishment or property from forfeiture
6. Sec-218. Public servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture.
7. Sec-219. Public servant in judicial proceeding corruptly making report, etc., contrary to law.
8. Sec-220. Commitment for trial or confinement by person having authority who knows that he
is acting contrary to law.
9. Sec-221. Intentional omission to apprehend on the part of public servant bound to
apprehend.
10. Sec-221. Intentional omission to apprehend on the part of public servant bound to
apprehend.
11. Sec-222. Intentional omission to apprehend on the part of public servant bound to apprehend
person under sentence or lawfully committed.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
12. Sec-223. Escape from confinement or custody negligently suffered by public servant.
13. Sec-224. Resistance or obstruction by a person to his lawful apprehension.
14. Sec-225. Resistance or obstruction to lawful apprehension of another person.
15. Sec-225-A. Omission to apprehend, or sufferance of escape, on part of public servant, in
cases not otherwise provided for.
16. Sec-225-B. Resistance or obstruction to lawful apprehension, or escape or rescue in
cases not otherwise provided for.
17. Sec-227. Violation of condition of remission of punishment.
18. Sec-228. Intentional insult or interruption to public servant sitting in judicial proceeding.
19. Sec-229. Personation of a Juror or assessor.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-212. Harbouring offender:- Whenever an offence has been committed, whoever
harbours or conceals a person whom he knows or has reason to believe to be the offender,
with the intention of screening him from legal punishment,
If a capital offence:- shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to five years, and shall also be
liable to fine,
If punishable with imprisonment for life, or with imprisonment:- and if the offence is
punishable with imprisonment for life or with imprisonment which may extend to ten years,
shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine, and if the offence is punishable with imprisonment which
may extend to one year, and not to ten years, shall be punished with imprisonment of the
description provided for the offence for a term which may extend to one-fourth part of the
longest term of imprisonment provided for the offence, or with fine, or with both.
"Offence" in this section includes, any act committed at any place out of Pakistan, which, if
committed in Pakistan, would be punishable under any of the following sections, namely 302,
304, 382, 392, 393, 394, 395, 396, 397, 398, 399. 402, 435, 436, 449, 450, 457, 458, 459, and
460 and every such act shall, for the purposes of this section, be deemed to be punishable as
if the accused person had been guilty of it in Pakistan.
Exception: This provision shall not extend to any case in which the harbour or concealment is
by the husband or wife of the offender.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
“A” knowing that “B” has committed dacoity, knowingly conceals “B” in order to screen him legal
punishment. Here, as “B” is liable to imprisonment for life, “A” is liable to imprisonment of either description
for a term not exceeding three years, and is liable to fine.
Requirements under this Section are:-
a) An offence was committed;
b) The accused harboured or concealed some person;
c) The person so harboured or concealed had committed the offence;
d) The accused then knew, or had reason to believe that the person harboured or concealed was the
offender;
e) In harbouring or concealing him, the accused intended to screen him from legal punishment;
f) As an aggravated circumstances, the accused knew that the offence committed by the person so
harboured or concealed was punishable with-(a) death; or (b) imprisonment for life, or imprisonment
which may extend to ten years.
The word ‘harbour’ includes supplying a person with shelter, food, drink, money, clothes, arms,
ammunition or means of conveyance or assisting a person in any way to evade apprehension.
Mere knowledge of the whereabouts of the offender does not amount to harbouring him,
unless the alleged harbourer is guilty of providing the person with food, shelter, etc. No
prosecution can be launched under Section 212 until the main offender is convicted of the
offence he has alleged to have been committed.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-213. Taking gift, etc., to screen an offender from punishment:- Whoever accepts or
attempts to obtain, or agrees to accept, any gratification for himself or any other person, or
any restitution of property to himself or any other person, in consideration of his concealing an
offence or of his screening any person from legal punishment for any offence, or of his not
proceeding against any person for the purpose of bringing him to legal punishment;
If a capital offence:- shall, if the offence is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven years, and shall also
be liable to fine;
If punishable with imprisonment for life, or with imprisonment:- and if the offence is
punishable with imprisonment for life, or with imprisonment which may extend to ten years,
shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine; and if the offence is punishable with imprisonment
not extending to fen years, shall be punished with imprisonment of the description provided
for the offence for a term which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.
There must be an actual concealment of an offence, or screening of a person from legal punishment, or of
his not proceeding against a person for the purpose of bringing him to legal punishment,
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-215. Taking gift to help to recover property, etc.:- Whoever takes or agrees or
consents to take any gratification under pretence or on account of helping any person to
recover any movable property of which he shall have been deprived by any offence
punishable under this Code, shall, unless he uses all means in his power to cause the
offender to be apprehended and convicted of the offence, be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
This section punishes taking etc. of gratification on the pretext of helping a person to
get back his property of which he was deprived previously, without apprehending the criminal
who was responsible for the deprivation. There are professional truckers who are in league
with criminals who specialize in depriving others of movable properties by committing theft
and other offences. They then charge money on the understanding that the property would be
restored.
1) Taking,
2) or agreement to take,
3) or consenting to take,
any gratification have been treated at par under this section and the prosecution must prove at least one
of these three. Such must be done under pretense or on account of getting back one’s movable property
of which he was deprived by another through an offence under the Code. However, if the accused under
this section proves that he used all means in his power to cause the offender to be apprehended and
convicted of the offence by which he had deprived him of movable property, his guilt under this section is
negated.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-216. Harbouring offender who has escaped from custody or whose apprehension has
been ordered:- Whenever any person convicted of, or charged with an offence, being in lawful
custody for that offence, escapes from such custody, or whenever a public servant, in the exercise
of the lawful powers of such public servant, orders a certain person to be apprehended for an
offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that
person with the intention of preventing him from being apprehended, shall be punished in the
manner following, that is to say;
If a capital offence:- if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine;
If punishable with imprisonment for life, or with imprisonment:- if the offence is punishable
with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of
either description for a term which may extend to three years, with or without fine; and if the
offence is punishable with imprisonment which may extend to one year and not to ten years, he
shall be punished with imprisonment of the description provided for the offence for a term which
may extend to one fourth part of the longest term of the imprisonment provided for such offence or
with fine, or with both.
"Offence" in this section includes also any act or omission of which a person is alleged to have
been guilty out of Pakistan which, if he had been guilty of it in Pakistan would have been
punishable as an offence, and for which he is under any law relating to extradition, or otherwise,
liable to be apprehended or detained in custody in Pakistan, and every such act or omission shall,
for the purposes of this section, be deemed to be punishable as if the accused person had been
guilty of it in Pakistan.
Exception: This provision does not extend to the case in which the harbour or concealment is by
the husband or wife of the person to be apprehended.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
This section penalizes harbouring or concealing of an offender who has escaped from
custody or whose apprehension has been ordered, and in a way it is an aggravated form of
the offence dealt with under section 212 of the Code.
The section requires that:-
1) there must be an escape from lawful custody for that offence of which any person has been
a) convicted or
b) with which he has been charged, or
c) a public servant must have ordered under his lawful powers the apprehension of someone for an offence.
2) The prosecution also must prove that the accused under this section knew
i. about such escape or
ii. order of apprehension,
and even then harboured or concealed him.
The intention for so doing must be to prevent him from being apprehended.
Sec-52-A. "Harbour":-
Except in Section 157, and in Section 130 in the case in which the harbour is given by the wife or
husband of a person harboured, the word "harbour" includes the supplying a person with shelter, food,
drink, money, clothes, arms; ammunition or means of conveyance, or assisting a person by any means,
whether of the same kind as, those enumerated in this section or not, to evade apprehension.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Section 217 deals with the offence on the part of a public servant who disobeys
direction of law with intent to save a person from punishment or property from forfeiture. The
disobedience on the part of the public servant must be
1) with knowledge of any direction of the law as to the way in which he has to conduct himself.
2) The intention on his part must be to save any person from legal punishment, or any property from
forfeiture or any charge to which it is liable by law.
3) If there is no such intention, then there must be knowledge on the part of the public servant that he is
likely to save any person from legal punishment, or any property from forfeiture or tiny charge to
which it is liable by law.
The public servant charged under this section will still be liable although the intention on his
part to save a person was founded on a mistaken belief as to that person’s liability to
punishment.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-218. Public servant framing incorrect record or writing with intent to save person
from punishment or property from forfeiture:- Whoever, being a public servant, and being
as such public servant, charged with the preparation of any record or other writing, frames
that record 'or writing-in a manner which he knows to be incorrect, with intent to cause, or
knowing it to be likely that he will thereby cause, loss or injury to the public or to any person,
or with intent thereby to save, or knowing it to be likely that he will thereby save any person
from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any
property from forfeiture or other charge to which it is liable by law, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine or
with both.
This section punishes a public servant framing an incorrect record or writing with
intent to save a person from punishment or property from forfeiture or other charges to which
it is liable. The section requires that:-
1) The public servant must frame the record or writing in his capacity as a public servant.
2) There must be intention on his part to cause or knowledge that he is likely thereby to cause loss or
injury to the public or to any person.
3) If such is not the case then there must be an intention to save, or knowledge that it is likely that he
will thereby save any person from legal punishment.
4) If such may also not be the case then there has to be an intention to save or knowledge that he is
likely thereby to save, any property from forfeiture or other charge to which it is liable by law.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-219. Public servant in judicial proceeding corruptly making report, etc., contrary to
law:- Whoever being a public servant, corruptly or maliciously makes or pronounces in any
stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be
contrary to law, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.
This section penalises corrupt or malicious making or pronouncement by a public
servant of report etc. contrary to law in a judicial proceeding. The section requires that:-
1) The making or pronouncement on the part of the public servant must be corruptly or maliciously done
2) It has to be in any stage of a judicial proceeding.
‘Corruptly’ means that the act has been done with the intention of gaining some unfair
advantage which is inconsistent with the rights of others or one’s own official duty.
‘Maliciously’ means an act done with ill will or spite without any just cause or excuse to the
detriment of another.
The making or pronouncement may be in the form of any report, order, verdict or decision in
any stage of Judicial Proceedings. The prosecution must also establish that the accused
under this section had knowledge that the report, etc. on his part was contrary to law.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-220. Commitment for trial or confinement by person having authority who knows
that he is acting contrary to law:- Whoever, being in any office which gives him legal
authority to commit persons for trial or to confinement, or to keep persons in confinement,
corruptly or maliciously commits any person for trial or confinement, or keeps any person in
confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to
law, shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
This section punishes one who has authority to commit persons for trial or to
confinement and knows that he is acting contrary to law. The prosecution must prove that:-
1) The accused was holding such an office which gave him authority under law to commit person for
trial or to confinement, or to keep persons in confinement.
2) This must be done corruptly or maliciously, and
3) He must also have known that he was acting contrary to law.
Unlawful confinement with a view to commit extortion, with a view to pressurize the person
confined to come to terms with another person in whom the accused is interested. have been
held to be punishable under this section as such acts are done ‘corruptly’ or ‘maliciously’.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-221. Intentional omission to apprehend on the part of public servant bound to
apprehend:- Whoever, being a public servant, legally bound as such public servant to
apprehend or to keep in confinement any person charged with or liable to be apprehended
for an offence, intentionally omits to apprehend such person, or intentionally suffers such
person to. escape, or intentionally aids such person in escaping or attempting to escape from
such confinement, shall be punished as follows, that is to say--
with imprisonment of either description for a term which may extend to seven years, with or
without fine, if the person in confinement, or who ought to have been apprehended, was
charged with or liable to be apprehended for, an offence punishable with death; or
with imprisonment of either description for a term which may extend to three years, with or
without fine, if the person in confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for an offence punishable with imprisonment for life
or imprisonment for a term which may extend to ten years; or
with imprisonment of either description for a term which may extend to two years, with or
without fine, if the person in confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for, an offence punishable with imprisonment for a
term less than ten years.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
This section penalises a public servant who intentionally omits to apprehend or keep
in confinement any person even though he is legally bound to do so. The section requires
that:-
1) The public servant in that capacity must be legally bound to apprehend or to keep in confinement
any such person,
2) The omission to apprehend, or suffering to escape, or aiding or attempting to escape has to be
intentional.
Where a judicial magistrate remanded a suspect in a criminal case to police custody but the court
‘moharrir’, who was duty bound to execute the order, instead directed the police escort to release him, is
guilty under this section.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
This section penalizes a public servant who is bound to apprehend a person under a
sentence or who has been lawfully committed but intentionally omits to do the same. The
section requires that:-
1) Public servant must be legally bound as such to apprehend or to keep in confinement a person.
2) Such person must be under sentence of a court of justice for an offence, or
3) He must be lawfully committed to custody by the court of justice.
4) The omission to arrest or suffering to escape, or aiding in escaping or attempting to escape of such
person has to be intentional.
Sec-223. Escape from confinement or custody negligently suffered by public servant:-
Whoever, being a public servant legally bound as such public servant to keep in confinement
any person charged with or convicted of any offence or lawfully committed to custody,
negligently suffers such persons to escape from confinement, shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both.
This section punishes a public servant who negligently suffers a person to escape
from confinement or custody. The prosecution mist establish that the public servant was
legally bound to keep in confinement such a person and there must be negligence on his part
while suffering such person to escape. There must naturally be a casual relation between
“negligence” and the “escape”
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-224. Resistance or obstruction by a person to his lawful apprehension:- Whoever
intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself
for any offence with which he is charged or of which he has been convicted; or escapes or
attempts to escape from any custody in which he is lawfully detained for any such offence,
shall be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Explanation: The punishment in this section is in addition to the punishment for which the
person to be apprehended or detained in custody was liable for the offence with which he
was charged, or of which he was convicted.
Intentional offer of resistance or illegal obstruction to the lawful apprehension of
oneself has been made punishable under this section. This section requires that the
resistance offered or illegal obstruction to the lawful apprehension must be intentional. In
such a case, he may have been convicted of an offence or charged with an offence. the
prosecution must establish that he has either escaped or attempted to escape from any
custody in which he was lawfully detained.
A lawfully arrested accused escaping after causing knife injury to the head constable is guilty under this
section and his friends who pelted stones on the police party with a view to rescue him committed an
offence under section 225 of the Code. But a suspect escaping from the police outpost where he had
been brought for interrogation could not be held guilty under this section even though he was put under
the control of two policemen at that time because he could not be said to be under lawful custody.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Sec-225. Resistance or obstruction to lawful apprehension of another person:- Whoever
intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other
person for an offence, or rescue or attempts to rescue any other person from any custody in which
that person is lawfully detained for an offence, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both;
or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged
with or liable to be apprehended for an offence punishable with imprisonment for life, or
imprisonment for a term which may extend to ten years, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine;
or, if the person to be apprehended or, rescued, or attempted to be rescued, is charged with or
liable to be apprehended for an offence punishable with death, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine;
or, if the person to be apprehended or rescued or attempted to be rescued, is liable under the
sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment
for life or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of
death, 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.
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE