Updated: Thursday October 17, 2013/AlKhamis
Thoul Hijjah 13, 1434/Bruhaspathivara
Asvina 25, 1935, at 04:44:51 PM
The Whipping Act, 1909
(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. Short title and extent:-- (1) This Act may be called the Whipping Act, 1909;
and
(2) It extends to the whole of Pakistan.
2. Whipping added to punishments described
in Act XLV, 1860: -- In addition to
the punishments described in section 53 of the Pakistan Penal Code, offenders
are also liable to the punishment of whipping.
3. Offences punishable with
whipping in lieu of other punishment:--
Whoever commits any of the following offences, namely:---
(a) 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,
(b) theft
in a building, tent or vessel, as defined in section 380 of the said Code;
(c) theft
after preparation for causing death or hurt, as defined in section 382 of the
said code;
(d) 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;
(e) 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;
may, subject to the
provisions 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.
4. Offence punishable
with whipping in lieu of or in addition to other punishment:-- Whoever:---
(a) abets, commits or attempts to commit, an offence of assault on,
or use of criminal force to, any woman, punishable under section 354 of the
Pakistan Penal Code;
(b) 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;
(c) 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;
(d) abets, commits or
attempts to commit, rape as defined in section 375 of the Pakistan Penal Code;
(e) 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;
(f) voluntarily causes hurt in committing or attempting to
commit robbery, as defined in section 390 of the Pakistan Penal 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.
4-A. Compulsory
whipping in certain offences:-- (1)
Whoever:---
(a) commits, attempts to commit or abets the commission of an
offence punishable under any of the sections 363 to 376 (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 325 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;
(c) abets, commits or attempts to commit, in respect of, or
involving, cattle, an offence of:---
(i) taking gift for recovering stolen property punishable under
section 215 of the Pakistan Penal Code;
(ii) theft punishable under section 379, 380, 381 or 382 of the
said Code;
(iii)
dishonestly receiving or retaining stolen property punishable under section 411
of said Code; or
(iv) lurking house-trespass or house-breaking punishable under
section 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 Code.
(2)
Notwithstanding anything contained in section 393 of the Code of Criminal
Procedure, 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 year of age, shall be liable to the
punishment of whipping under sub-section (1).
5. Juvenile offenders when
punishable with whipping:-- Any
juvenile offender who abets, commits or attempts to commit:---
(a) any
offence punishable under the Pakistan Penal Code, except offences specified in
Chapter VI and in sections 153A and 505 of that Code and offences punishable
with death, or
(b) any
offence punishable under any other law with imprisonment which the Provincial
Government may, by notification in the Official Gazette, specify in this
behalf,
may be punished with whipping in lieu of any other
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.
6. Special provision as to
punishment with whipping in frontier districts:-- When any Provincial Government has by notification
in the Official 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 Provincial Government, any person who in such district or 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.
7. Amendment of section
392, Act V, 1898. Repealed by the
Repealing Act, 1938 (I of 1938), section 2 and Schedule.
8. Repeals. Repealed by the
Second Repealing and Amending Act, 1914,
section 3 and Second Schedule.
THE SCHEDULE
Enactments
repealed. Repealed by the Second Repealing and Amending Act, 1914 (XVII of
1914), section 3 and Second Schedule.
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