THE WHIPPING ACT, 1909
1(Act IV of 1909)
[22nd March, 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(Act IV of 1909)
[22nd March, 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:
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1. (1) This Act may be called the Whipping Act, 1909: and -[(2) It extends to the whole of Pakistan]. |
Short title and
extent.
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2. In addition to the
punishments described in section 53 of the Pakistan Penal Code, offenders are
also liable to the punishment of whipping.
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Whipping added to
punishment described in Act XLV, 1860.
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3.
Whoever commits any of the following offences, namely :—
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Offences punishable
with whipping in lien of other punishment.
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1.
theft, as defined in
section 378 of the Pakistan Penal Code other than theft by a clerk or servant
of property in possession of his master:
2.
theft in a building,
tent or vessel, as defined in section 380 of the said Code;
3.
theft after preparation
for causing death or hurt, as defined in section 382 of the said Code;
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 has 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 has also been extended to the Leased Areas of Baluchistan, seethe G. G. O. Ill of 1950, and applied in the Federated Areas of Baluchistan, see Gazette, of India., 1937, Pt. I, p. 1499.
2. Subs, by the Central Laws (statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for sub-section (2) as amended by A.O., 1949, and the Federal Laws (Revision and Declaration Act. 1951 (XXVI of 1951), s.8.
It has also been extended to the Leased Areas of Baluchistan, seethe G. G. O. Ill of 1950, and applied in the Federated Areas of Baluchistan, see Gazette, of India., 1937, Pt. I, p. 1499.
2. Subs, by the Central Laws (statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for sub-section (2) as amended by A.O., 1949, and the Federal Laws (Revision and Declaration Act. 1951 (XXVI of 1951), s.8.
1909 : Act
IV Whipping
1.
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 ;
2.
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;
1[may, subject to the
provisioris 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. 2[ * * * * * ].
3-A. 2[ * * * * * ].
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Offence punishable with whipping in lieu of or in addition to other punishment. |
3[4.
Whoever
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1.
abets, commits of
attempts to commit, and offence of assault on, or use of criminal force to, any
woman, punishable under section 354 of the Pakistan Penal Code-
2.
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;
3.
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;
4.
abets, commits or
attempts to commit, rape as defined in section 375 of the Pakistan Penal Code;
5.
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;
6.
voluntarily causes hurt
in committing or attempting to commit robbery, as defined in section 390 of the
Pakistan Penal Code;
1.
Subs, for the words "may be punished", by W.P. Ord. VI of 1969.
2.
Section 3-A was inserted by W.P. Ord. XLII of 1963 and del. by W.P. Ord. VI of
1969.
3. Section 4. subs, by W.P. Ord. Vi of 1969.
3. Section 4. subs, by W.P. Ord. Vi of 1969.
[1909 :
Act
IV Whipping
(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.]
(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.]
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1[4-A. (1) Whoever— |
Compulsory whipping in
certain offences.
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(a)
commits, attempts to commit or abets the commission of an offence punishable
under any of the sections 363 to 373 (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 3 25 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;
2[(c) abtes, commits or attempts to commit, in respect of, or involving, cattle, un offence of—
(i) taking gift for recovering stolen properly punishable under section 215 of the Pakistan Penal Code;
(ii) theft, punishable under sections 3 79. 380, 38! or 382 of the said Code;
(iii) dishonestly receiving or retaining stolen properly punishable under section 411 of said Code; or
(iv) lurking house-trespass or house-breaking punishable under sections 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 Cede.
(b) commits, attempts to commit or abets the commission of an offence punishable under section 3 25 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;
2[(c) abtes, commits or attempts to commit, in respect of, or involving, cattle, un offence of—
(i) taking gift for recovering stolen properly punishable under section 215 of the Pakistan Penal Code;
(ii) theft, punishable under sections 3 79. 380, 38! or 382 of the said Code;
(iii) dishonestly receiving or retaining stolen properly punishable under section 411 of said Code; or
(iv) lurking house-trespass or house-breaking punishable under sections 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 Cede.
1.
Section 4-A, ins, by W.P. Ord. XLII of 1963.
2. Ins, by W.P. Ord. VI of 1969.
2. Ins, by W.P. Ord. VI of 1969.
Whipping
1909 : Act IV
(2) Notwithstanding anything contained in section 393 of the Code of Criminal Procedure, 1898 (Act V of 1898) 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 years of age, shall be liable to the punishment of whipping under sub-section (1).]
(2) Notwithstanding anything contained in section 393 of the Code of Criminal Procedure, 1898 (Act V of 1898) 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 years of age, shall be liable to the punishment of whipping under sub-section (1).]
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Juvenile offenders when punishable with whipping. |
5. Any juvenile
offender who abets, commits or attempts to commit -
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(a)
any offence punishable under the Pakistan Penal Code, except offences specified
in Chapter VI and in sections 153 A and 505 of that Code and offences
punishable with death, or
(b) any offence punishable under any other law with imprisonment which the l[Provincial Government] may, by notification in the 2[offcial Gazette], specify in this behalf,
may be punished with whipping in lieu of any oilier 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.
(b) any offence punishable under any other law with imprisonment which the l[Provincial Government] may, by notification in the 2[offcial Gazette], specify in this behalf,
may be punished with whipping in lieu of any oilier 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.
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Special provision as to punishment with whipping in frontier districts. |
6.
When any 1[Provincial Government] has by notification in the 2[Offciai
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 1[Provincial Government], any person who in such district of tract of
country after such Notification as aforesaid commits any offence punishable
under the Pakistan Penal Code 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.
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7.
[Amendment of section 392, Act V, 1898]. Rep by the Repealing Act,
1938 (1 of 1938) s. 2 and Schedule.
8. [Repeals.] Rep. by the Second Repealing and Amending Act, 914 (XVII of 1914), s. 3and Second Schedule.
THE SCHEDULE—[Enactments repealed]. Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914), s. 3 and Second Schedule.
8. [Repeals.] Rep. by the Second Repealing and Amending Act, 914 (XVII of 1914), s. 3and Second Schedule.
THE SCHEDULE—[Enactments repealed]. Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914), s. 3 and Second Schedule.
1.
Subs, by A.O., 1937, for “Governor General in Council”.
2.
Subs, ibid, for “Gazette of India”
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