Legal Question in Criminal Law in Pakistan

Two accused committed murder during robbary (snatching of Motorcycle), FIR hasbeen registered under section 17-4 offence against property (Enforcement of Hudood) ordinance 1979, so my question is, in case of not applicability of section 17-4 H.O which section of Tazeer means PPC would apply? awiatting for reply.

Thanks beforehand.


Asked on 1/07/14, 1:06 pm

1 Answer from Attorneys
Gulbaz Mushtaq

Section 17(4) The Offences Against Property (Enforcement of Hudood) Ordinance provides Punishment of 'Haraabah', when murder is also committed during the course of commission of this offence. There is no confusion; �Haraabah� generally is referred to as �road robbery (when committed with arms)�.

Section 15 of this Ordinance defines �Haraabah� as �When any one or more persons, whether equipped with arms or not, make show of force for the purpose of taking away the property of another and attack him or cause wrongful restraint or put him in fear of death or hurt such person or persons, are said to commit 'haraabah�. Therefore, the FIR has been rightly registered under Section 17(4) of this Ordinance.

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Answered on 1/08/14, 6:22 am


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