The Pakistan Penal Code 1860 usually called PPC (Urdu: مجموعہ تعزیرات پاکستان, Majmu’ah-yi ta’zirat-i Pakistan) is a penal code for all offences charged in Pakistan. It was originally prepared by world most famous Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as the Indian Penal Code. After the independence of Republic of Pakistan in 1947, Pakistan inherited the same code and subsequently after lot of amendments by different governments, in Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Senate of Pakistan.
History of PPC 1860
If we look at the History of Pakistan Penal Code, than this is draft of the (British) Indian Penal Code was prepared by the First Law Commission and it was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone’s Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and Judges of the Calcutta Supreme Court who were members of the Legislative Council, and was passed into law in 1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law.
Jurisdiction of PPC 1860
According to the Section 1 of PPC, Title and extent of operation of the Code. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan.
Section 4
The provisions of this Code apply also to any offence committed by:-
(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan;
(4) any person on any ship or aircraft registered in Pakistan wherever it may be.
Explanation: In this section the word “offence” includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code. Extension of Code to extraterritorial offences.
Major Punishments in Pakistan Penal Code
Section 53.
The punishments to which offenders are liable under the provisions of this Code are:
First, Qisas (“retribution”);
Second, Diyat;
Third, Arsh− (Pre-specified Compensation);
Fourth, Daman (Compensation determined by court to be paid by the offender to the victim for causing hurt not liable to Arsh);
Fifth, Ta’zir (punishment, usually corporal, that can be administered at the discretion of a judge)
Sixth, Death;
Seventh, Imprisonment for Life;
Eighth, Imprisonment which is of two descriptions, namely:–
Rigorous (i.e., with hard labour);
Simple;
Ninth, Forfeiture of Property;
Tenth, Fine
The above Five Punishments are added by amendments and are considered Islamic Punishments, and very few are sentenced to these punishments so far. Anyone who is sentenced to first five punishments can appeal to Federal Shariat Court.