Offences-Against-Property-Ordinance-1979-MCQs judiciary
81 questions
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Question 1 of 81
The Offences Against Property (Enforcement of Hudood) Ordinance, 1979 is which Ordinance of 1979?
ExplanationThe Offences Against Property Ordinance is VI of 1979, the earliest-numbered of the four Hudood Ordinances of that year, followed by Zina (VII), Qazf (VIII) and the Whipping Ordinance (IX).
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Question 2 of 81
Under section 8, hadd is imposed on all who entered the hirz:
ExplanationSection 8 makes entry into the hirz, not physical movement of the property, the relevant act for group hadd liability, once the per-person share test is satisfied.
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Question 3 of 81
Under the second proviso to section 7(b), whose statement must be recorded before the statements of the eye-witnesses?
ExplanationThe second proviso to section 7(b) fixes the order of recording, mirroring the equivalent proviso in section 6(1) of the Qazf Ordinance.
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Question 4 of 81
Under section 17(6), the provisions of which sub-sections of section 9 apply to the execution of amputation under section 17?
ExplanationSection 17(6) imports the theft provisions requiring amputation to be carried out by an authorised medical officer and postponed where it may cause death.
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Question 5 of 81
Under section 9(3), the punishment for theft liable to hadd committed for the THIRD time, or any time subsequent, is:
ExplanationSection 9(3) caps the escalation at life imprisonment rather than a further amputation or death.
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Question 6 of 81
Under section 10(c), hadd is not imposed where a servant or employee commits theft from the hirz of his master or employer:
ExplanationSection 10(c) is confined to hirz the servant or employee has authorised access to, distinguishing it from hirz he has broken into without authority.
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Question 7 of 81
Under section 15, is it necessary for haraabah that the offenders be armed?
ExplanationSection 15 expressly covers unarmed as well as armed offenders, so long as a show of force is made.
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Question 8 of 81
Under section 21(2), the punishment for rassagiri or patharidari is:
ExplanationSection 21(2) is unusually severe among the tazir-type provisions, combining a long prison term or heavy whipping with mandatory confiscation of ALL the offender's immovable property, plus fine.
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Question 9 of 81
Under Explanation 1 to section 5, 'stolen property' for the purposes of hadd liability does NOT include property which has been:
ExplanationExplanation 1 excludes misappropriated or breach-of-trust property from the concept of 'stolen property' referred to in section 5, so that stealing already-misappropriated property can still attract hadd.
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Question 10 of 81
Under section 18, the punishment of amputation or death for haraabah shall not be imposed or enforced in cases in which hadd may not be imposed for theft liable to hadd, and:
ExplanationSection 18 imports BOTH the bars-to-imposition (section 10) and the bars-to-enforcement (section 11) rules wholesale into the haraabah scheme.
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Question 11 of 81
Under the second proviso to section 24(1), an appeal lies to the Federal Shariat Court from an order under section 9 or section 17, and also from an order under any other provision of the Ordinance which imposes a sentence of imprisonment exceeding:
ExplanationThis is a distinctive feature of this Ordinance: the appeal-to-FSC route is not confined to the hadd sections but extends to any sentence of more than two years' imprisonment under any provision.
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Question 12 of 81
Under Explanation 2 to section 5, 'day time' for the purposes of surreption means the period:
ExplanationThis precise definition of day time governs how long surreption must be maintained for the offence to qualify for hadd.
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Question 13 of 81
Under section 23(2), a person guilty of the abetment of an offence liable to hadd under the Ordinance is liable to:
ExplanationSection 23(2) follows the same pattern as the abetment provisions in the Zina and Qazf Ordinances: abetment of a hadd offence is punished as tazir, not as hadd.
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Question 14 of 81
Under the proviso to section 17(1), the sentence of imprisonment for that category of haraabah shall in no case be less than:
ExplanationThe three-year floor applies even though the term is otherwise open-ended pending the Court's satisfaction of penitence.
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Question 15 of 81
Under section 17(1), where haraabah involves neither murder nor the taking away of property, the punishment is:
ExplanationSection 17(1) links release to sincere penitence, the same standard used in section 9(5) for a third theft conviction, with a floor set by the proviso.
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Question 16 of 81
Under section 15, haraabah is committed when one or more persons, whether equipped with arms or not, make a show of force for the purpose of taking away the property of another and:
ExplanationSection 15's definition does not require the property actually to be taken; a show of force plus attack, restraint or inducing fear of death or hurt suffices - actual taking is relevant only for the level of punishment under section 17.
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Question 17 of 81
Under section 17(2), where haraabah involves no taking of property but hurt has been caused, the offender is punished under section 17(1) AND:
ExplanationSection 17(2) adds liability under the general law of hurt (the Pakistan Penal Code) on top of the base haraabah punishment.
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Question 18 of 81
Under Explanation 1 to section 2(d), property placed in a house is said to be in hirz:
ExplanationExplanation 1 extends hirz to property in a house, an almirah, a box or other container, or in the custody of a person paid or unpaid, regardless of whether the door is closed.
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Question 19 of 81
Under section 3, the Offences Against Property Ordinance:
ExplanationSection 3 gives the Ordinance overriding effect. Unlike the equivalent section 3 of the Zina Ordinance, this overriding clause was NOT omitted by the Protection of Women Act, 2006, which left the Offences Against Property Ordinance untouched.
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Question 20 of 81
Under section 9(5), a person sentenced to imprisonment for life under section 9(3) may be set at liberty by the Appellate Court if satisfied that:
ExplanationSincere penitence, assessed by the Appellate Court, is the statutory basis for release under section 9(5) - the same concept of penitence that governs the minimum-sentence proviso for haraabah under section 17(1).
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Question 21 of 81
Under section 21(2), the maximum number of stripes for rassagiri or patharidari is:
ExplanationSeventy stripes for rassagiri/patharidari is notably higher than the thirty-stripe ceilings seen elsewhere in the Ordinance, such as section 17(1) and section 22.
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Question 22 of 81
Under section 10(d), hadd is not imposed for theft of:
ExplanationSection 10(d) lists specific categories traditionally excluded under classical doctrine because no ownership-preservation regime exists for them.
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Question 23 of 81
Under section 25, the Presiding Officer of the Court trying a case or hearing an appeal under this Ordinance shall be a Muslim:
ExplanationSection 25 mirrors section 21 of the Zina Ordinance, and differs from section 18 of the Qazf Ordinance, which has no such proviso.
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Question 24 of 81
Under the Explanation to section 6, where theft is committed from the same hirz in more than one transaction, and the value in each transaction is less than the nisab:
ExplanationThe Explanation to section 6 bars aggregation across separate transactions or separate hirz, even where the combined value would otherwise cross the nisab threshold.
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Question 25 of 81
Under section 26, the Ordinance does not apply to:
ExplanationSection 26 is the standard saving clause found across all the Hudood Ordinances of 1979.
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Question 26 of 81
Under section 20, haraabah not liable to the punishment in section 17, or for which proof under section 7 is unavailable, or for which amputation or death may not be imposed or enforced, is punished:
ExplanationSection 20 is the haraabah tazir provision, borrowing punishments for dacoity, robbery or extortion from the Penal Code according to the facts of the case, paralleling section 14's approach for theft.
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Question 27 of 81
Under section 7(b), how many witnesses are required to prove theft liable to hadd by testimony?
ExplanationTwo witnesses, matching the qazf standard rather than the four required for zina, and the victim is expressly excluded from the count.
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Question 28 of 81
Under section 19, the return of property taken away during haraabah is governed by section 12, applied mutatis mutandis, except that:
ExplanationSection 19 adapts section 12(2)'s no-compensation rule to the haraabah context by substituting the relevant punishment terminology.
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Question 29 of 81
Under section 24(4), the provisions of Chapter XXIX of the Code of Criminal Procedure do not apply to punishments awarded under:
ExplanationSection 24(4) confines the Chapter XXIX exclusion to the theft and haraabah hadd punishments, not to tazir punishments under sections 14, 20 or 21.
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Question 30 of 81
Under section 9(2), the punishment for theft liable to hadd committed for the SECOND time is:
ExplanationThe escalating scheme runs: right hand (first), left foot (second), life imprisonment (third or later).
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Question 31 of 81
Under section 10(b), hadd is not imposed where a guest has committed theft:
ExplanationSection 10(b) is confined to theft from the host's own house.
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Question 32 of 81
Under section 21(1), a person who extends patronage, protection or assistance to, or harbours, persons engaged in cattle theft, on the understanding that he will receive one or more of the cattle or a share of the proceeds, is said to commit:
ExplanationSection 21(1) creates this distinct offence targeting facilitators and receivers connected with organised cattle theft.
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Question 33 of 81
Under section 12(1), if stolen property is found in original or identifiable form, it shall be returned to the victim:
ExplanationSection 12(1) is a broad restitution provision independent of who currently holds the property.
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Question 34 of 81
Under section 17(3), where haraabah involves no murder but property of the value of the nisab or more has been taken away, the punishment is:
ExplanationSection 17(3) prescribes the DOUBLE amputation - right hand and left foot together - unlike theft, where the two amputations are staged across a first and second offence.
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Question 35 of 81
Under Explanation 2 to section 2(d), where two or more families live in one house in severalty, hirz is constituted by:
ExplanationExplanation 2 distinguishes single-family occupation, where the whole house is one hirz, from multi-family occupation in severalty, where each family's portion is a separate hirz - a distinction that matters for section 6's Explanation and the illustrations to section 6.
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Question 36 of 81
Under section 8, where theft liable to hadd is committed by more than one person, hadd is imposed on all who entered the hirz provided that:
ExplanationSection 8 requires the PER-PERSON share, calculated by equal division among those who entered the hirz, to reach the nisab - hadd is not imposed on any of them merely because the aggregate does.
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Question 37 of 81
In illustration (a) to section 6, A removes property from various rooms of a house occupied by a SINGLE family, the aggregate value reaching the nisab though no single room's property does. The theft is:
ExplanationIllustration (a) applies Explanation 2 to section 2(d): a single-family house is one hirz, so removals from different rooms are treated as removal from the same hirz and their values aggregate.
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Question 38 of 81
Under section 2(g), 'tazir' means:
ExplanationSection 2(g) defines tazir residually, as the counterpart to hadd defined in section 2(c). Unlike the Zina Ordinance, the concept of tazir is retained in full in this Ordinance and was never removed by the Protection of Women Act, 2006, which touched only the Zina and Qazf Ordinances.
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Question 39 of 81
Under section 11(1)(d), hadd for theft shall not be enforced where the offender's:
ExplanationClause (d) protects against a physically impossible or excessively harsh sequence of amputations, given that the scheme runs right hand then left foot.
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Question 40 of 81
Under the second proviso to section 17(3), where the offender's left hand or right foot is missing or unserviceable, amputation of the other hand or foot:
ExplanationThe second proviso substitutes a fourteen-year imprisonment-plus-whipping alternative where the missing-limb situation makes double amputation impossible.
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Question 41 of 81
Under section 2(d), 'hirz' means:
ExplanationSection 2(d) defines hirz functionally, by reference to a custodial arrangement, and Explanations 1 and 2 elaborate on what counts as hirz.
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Question 42 of 81
In illustration (b) to section 6, A enters a house several times, removing property below the nisab each time, ultimately totalling more than the nisab. The theft is:
ExplanationIllustration (b) applies the same no-aggregation rule to repeated entries into the same hirz over time.
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Question 43 of 81
Which of the following statements correctly distinguishes this Ordinance from the Zina Ordinance as regards the Protection of Women Act, 2006?
ExplanationThe 2006 Act's preamble names only the Zina and Qazf Ordinances (alongside the Penal Code, the Code of Criminal Procedure and the Dissolution of Muslim Marriages Act) - this Ordinance remains as originally amended only by the 1980 Ordinance.
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Question 44 of 81
Under section 5, theft liable to hadd requires that the accused be an adult who surreptitiously commits, from any hirz, theft of property:
ExplanationSection 5 requires every element: adulthood, surreptitiousness, removal from hirz, the nisab threshold, that the property not itself be stolen property, and guilty knowledge as to value.
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Question 45 of 81
Under the first proviso to section 17(3), where haraabah is committed conjointly by more than one person, amputation is imposed only if:
ExplanationThis mirrors the section 8 group-theft rule: a per-person nisab test applies to group haraabah as well.
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Question 46 of 81
Under the Explanation to section 10(g), 'iztirar' means a situation in which a person is in apprehension of death due to:
ExplanationIztirar is confined to the specific case of apprehended death from extreme hunger or thirst - the necessity defence classically associated with theft of food.
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Question 47 of 81
Under section 2(e), 'imprisonment for life' means:
ExplanationSection 2(e) departs from the ordinary Pakistan Penal Code convention and defines life imprisonment literally as imprisonment until death.
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Question 48 of 81
Under section 14, the punishment for theft liable to tazir is:
ExplanationSection 14 simply imports the Penal Code's theft punishment for tazir cases, rather than fixing an independent tazir punishment.
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Question 49 of 81
In illustration (a) to section 6, where the house is occupied by MULTIPLE families in severalty and the value removed from any ONE family's portion is less than the nisab, the theft is:
ExplanationThis is the multi-family variant of illustration (a): because each family's portion is a separate hirz under Explanation 2 to section 2(d), values from different hirz cannot be aggregated.
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Question 50 of 81
How many categories of relationship between offender and victim exempt theft from hadd under section 10(a)?
ExplanationSection 10(a) lists spouses; ascendants (paternal or maternal); descendants (paternal or maternal); brothers or sisters of father or mother; and brothers or sisters or their children.
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Question 51 of 81
Under section 12(2), if the stolen property is lost or consumed while in the offender's possession and hadd is enforced against him:
ExplanationSection 12(2) treats the enforcement of hadd as satisfying the property claim, with no additional compensation liability.
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Question 52 of 81
In illustration (a) to section 22, A breaks open a box intending to steal jewels but finds none inside. Under section 22, A is:
ExplanationThe illustration confirms that impossibility of completing the offence (no jewels present) does not defeat attempt liability.
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Question 53 of 81
Under section 10(g), hadd is not imposed where the offender has committed theft under:
ExplanationSection 10(g) uses the specific classical concepts of ikrah (compulsion) and iztirar (necessity), each separately defined in the Explanation to the clause.
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Question 54 of 81
Under section 17(5), punishment under section 17(3) - except under the second proviso - or under section 17(4), shall not be executed until:
ExplanationConfirmation by the appellate Court is required, in the same manner as for zina, qazf and theft. The exception carved out is the second proviso to section 17(3), which prescribes imprisonment and whipping rather than amputation or death.
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Question 55 of 81
Under the closing words of section 2, terms not defined in the Ordinance take their meaning from:
ExplanationSection 2 points to the Pakistan Penal Code and the Code of Criminal Procedure, 1898 for undefined terms - it does not cross-refer to the Zina Ordinance, unlike section 2(a) of the Qazf Ordinance.
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Question 56 of 81
Under section 7(a), theft liable to hadd may be proved where the accused:
ExplanationSection 7(a) uses a plea of guilty as the confession-equivalent mode of proof, distinct from the more elaborate confession machinery under the Zina Ordinance.
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Question 57 of 81
Under section 2(a), 'adult' for the purposes of this Ordinance means a person who has attained:
ExplanationUnlike the Zina Ordinance, section 2(a) of this Ordinance sets a single threshold of eighteen years (or puberty) without distinguishing male and female.
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Question 58 of 81
Under section 1(3), the Offences Against Property Ordinance came into force on:
ExplanationCommencement is fixed at the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, 10 February 1979 - the Ordinance itself is dated 19 February 1979.
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Question 59 of 81
Under section 24(3), which provisions of the Code of Criminal Procedure do NOT apply to the punishment of whipping awarded under this Ordinance?
ExplanationSection 24(3) disapplies section 391(3) and section 393 - the same pairing seen in the Zina and Qazf Ordinances.
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Question 60 of 81
In the illustration to section 22 concerning pickpocketing, A thrusts his hand into Z's pocket intending to steal but finds it empty. A is:
ExplanationThe pickpocketing illustration reinforces the same principle as illustration (a): factual impossibility does not bar attempt liability.
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Question 61 of 81
Under section 11(3), in the cases mentioned in section 11(1)(b), (c) or (d), the Court may:
ExplanationSection 11(3) is the tazir option, available for witness-resiling, victim withdrawal or false-deposition, and the missing-limb case.
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Question 62 of 81
Under section 4, theft may be either:
ExplanationSection 4 sets up the same hadd/tazir division used for zina, though unlike zina, tazir for theft was never abolished in this Ordinance.
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Question 63 of 81
Under the third proviso to section 24(1), a trial by a Court of Session under this Ordinance shall ordinarily be held at:
ExplanationThe venue rule mirrors the equivalent provisions in the Zina and Qazf Ordinances.
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Question 64 of 81
Under section 17(4), where haraabah involves the commission of murder, the punishment is:
ExplanationSection 17(4) is the most severe tier, and unlike section 17(3) there is no lesser alternative - death imposed as hadd is mandatory.
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Question 65 of 81
Under section 11(2), in the case mentioned in section 11(1)(a) - retraction of confession - the Court may:
ExplanationSection 11(2) allows retrial specifically for the confession-retraction case; section 11(3) allows the alternative of tazir for the other three cases in clauses (b), (c) and (d).
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Question 66 of 81
Under section 11(1)(b), hadd shall not be enforced where theft is proved by testimony, but before execution a witness resiles so as to reduce the eye-witnesses to fewer than:
ExplanationThe threshold of two matches the number required to prove theft under section 7(b).
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Question 67 of 81
An early 1980 amendment to this Ordinance substituted a reference to the Federal Shariat Court for an earlier reference to:
ExplanationThe Offences Against Property (Enforcement of Hudood) (Amendment) Ordinance, 1980 substituted 'Federal Shariat Court' for 'High Court' as the appellate forum, aligning this Ordinance with the appeal structure of the Zina and Qazf Ordinances.
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Question 68 of 81
Under section 9(7), if the authorised medical officer is of the opinion that amputation may cause the death of the convict:
ExplanationSection 9(7) is a medical-safety postponement provision, not a commutation - the sentence still stands, only its timing is deferred.
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Question 69 of 81
Under section 22, a person who attempts to commit an offence under the Ordinance is punished, where no express provision is made for the attempt, with imprisonment of either description for a term which may extend to:
ExplanationSection 22 is the general attempt provision, applicable only where the Ordinance does not otherwise expressly punish the specific attempt.
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Question 70 of 81
Under section 16, proof of haraabah is governed by:
ExplanationSection 16 borrows the theft proof standard - a guilty plea, or two Muslim adult male witnesses other than the victim - for haraabah.
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Question 71 of 81
Under section 10(e), hadd is not imposed where the offender has a share in the stolen property, the value of which, after deduction of his share, is:
ExplanationSection 10(e) requires the netted-out value (total minus the offender's own share) to fall below the nisab.
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Question 72 of 81
Under Explanation 2 to section 5, 'surreptitiously' means that the offender commits the theft believing that:
ExplanationExplanation 2 also fixes the temporal requirement for surreption: it must continue till completion of the offence in daytime (defined as one hour before sunrise to two hours after sunset), but need not continue after commencement of the offence at night.
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Question 73 of 81
Under section 13, theft not liable to hadd, or theft for which proof under section 7 is unavailable, or for which hadd may not be imposed or enforced under the Ordinance, is:
ExplanationSection 13 is the residual, catch-all category that keeps every theft prosecutable even when the strict hadd conditions are not met.
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Question 74 of 81
Under the second proviso to section 24(1), an offence punishable under section 9 or section 17 is triable by:
ExplanationThe second proviso to section 24(1) confers exclusive trial jurisdiction on the Court of Session for the hadd offences of theft and haraabah.
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Question 75 of 81
Under section 9(1), the punishment for theft liable to hadd committed for the FIRST time is:
ExplanationSection 9(1) prescribes right-hand amputation for a first offence; section 9(2) prescribes left-foot amputation for a second, and section 9(3) imprisonment for life for a third or subsequent offence.
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Question 76 of 81
Under section 23(1), which provisions of the Pakistan Penal Code apply mutatis mutandis to offences under this Ordinance?
ExplanationSection 23(1) imports a distinctive combination including section 149 (unlawful assembly, common object), which is particularly relevant to group haraabah under section 17.
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Question 77 of 81
Under section 9(6), amputation for theft liable to hadd shall be carried out by:
ExplanationSection 9(6) requires the amputation to be carried out specifically by an authorised medical officer, as defined in section 2(b).
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Question 78 of 81
Under section 10(h), hadd is not imposed where the offender, before his apprehension, has, on account of repentance:
ExplanationSection 10(h) requires BOTH restitution and self-surrender before apprehension for repentance to bar hadd.
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Question 79 of 81
Under section 6, the nisab for theft liable to hadd is:
ExplanationSection 6 fixes the nisab at 4.457 grams of gold or its value equivalent at the time of the theft.
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Question 80 of 81
Under section 11(1)(a), hadd shall not be ENFORCED where theft is proved only by confession, but the convict:
ExplanationSection 11 distinguishes bars to IMPOSING hadd (section 10) from bars to ENFORCING an already-imposed hadd (section 11); retraction before execution falls in the latter category.
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Question 81 of 81
Under the Explanation to section 10(g), 'ikrah' means:
ExplanationIkrah under this Explanation extends beyond the offender's own safety to threats against his property, honour, or those of any other person.
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