Section: Islamic Hudood Laws 1979

Question About: Theft liable to Tazir and its punishment

When theft liable to Tazir? What punishment is provided for this offence?

Answer

Theft liable to Tazir:

Whoever commits theft which is not liable to ‘Hadd’ or for which proof in either of the forms mentioned in S. 7 is not available, or for which ‘Hadd’ may not be imposed or enforced under this Ordinance, shall be liable to ‘Tazir.’

Explanation:

Tazir punishment Retracted confession. Where the ‘1ion had been on one the hand found inadmissible and on the other hand not voluntary and truthful to coincide with the facts of the case, Court considered it safe to rule out the retracted confession from consideration for Tazir punishment and necessarily it could not be used as circumstantial evidence as against the co-accused.
Evidence produced by the prosecution has to be reliable.
Lapses of memory due to passage of long time before evidence is to be legitimately treated as explanation for theft liable to tazir.

Punishment for theft liable to Tazir:

Whoever commits theft liable to tazir’ shall be awarded the punishment provided for the offence of theft in the Pakistan Penal Code (Act XLV of 1860).

Punishment according to P.P.C.

Section 379: 3 years or fine or both.
Section 380: Seven years and fine.
Section 381: Same as Section 380.
Section 361-A: Same as above Section 380, Section 381.
Section 382: 10 years and fine. v>
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