The Pakistan Penal Code,
1860
[1](XLV
OF 1860)
[6th October, 1860]
337-E. Ghayr-jaifah. (1) Whoever causes jurh which does not amount to
jaifah, is said to cause ghayr-jaifah.
(2) The following are the kinds of ghayr-jaifah,
namely:--
(a) damihah ﴿دامیہ﴾;
(b) badi’ah ﴿باضعہ﴾;
(c) mutalahimah ﴿متلاحمہ﴾;
(d) mudihah ﴿موضعہ﴾;
(e) hashimah ﴿ہاشمہ﴾; and
(f) munaqqilah ﴿منعقلہ﴾.
(3) Whoever causes ghayr-jaifah--
(i) in which the skin is, ruptured and bleeding occurs, is said
to cause damiyah;
(ii) by cutting or incising the flesh without exposing the bone,
is said to cause badi’ah;
(iii) by lacerating the flesh, is said to cause
mutalahimah;
(iv) by exposing the bone, is said to cause mudihah;
(v) by causing fracture of a bone without dislocating it, is said
to cause hashimah; and
(vi) by fracturing and dislocating the bone, is said to cause munaqqilah.
[1]. The
Pakistan Penal Code has been declared in force in--
It
has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent
the Act is applicable in the N.W.F.P., subject to certain modifications; see
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also
extended to the Excluded Area of Upper Tanawal other than Phulera by the
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to
be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext.,
dated 1-6-1951.
It
has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941
and 26 of 1950.
It
has also been extended to the Leased Areas of Baluchistan by the Leased Areas
(Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of
Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499.
It
has also been extended by notification under Article 7(1)(a) of the N.W.F.P.
(Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of
1952), to the added area described in the First Schedule to that Order, w.e.f.
7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, P. 70.
It
has also been amended in its application to the Province of West Pakistan by
the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1963 (W.P. Act 6 of
1963), S. 2 (w.e.f. the 18th April, 1963).
It
has also been amended in its application to the Province of West Pakistan by
the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1964 (W.P. Act 32 of
1964), S. 2 (w.e.f. 27-4-1964).