Law: Pakistan Penal Code, 1860

Section: 99

Penal Code (XLV of 1860)----- ------S. 99-Right of Private defence -Whether available against public servant wanting to execute warrant of arrest f or default in payment of arrears of land revenue-Warrant issued by 1Paib Tehsildar in ignorance of Commissioner's memo. directing that arrears of land revenue of kharif 1949 were not recoverable from refugee tenants-Excess of jurisdiction distinguished from complete absence of jurisdiction by public servant. The protection afforded under section 99 Pakistan Penal Code to public servants is not lost even if they make any mistake in the exercise of their proper functions. In this case the mistake, if any, was not made by the peons but by the Naib Tehsildar whose orders they were bound to obey and the Naib Tehsildar too cannot be said to have had no jurisdic­tion to issue warrants for the arrest of persons who do not pay land revenue. In this case he may have exceeded that jurisdiction in ordering arrest of persons who, without his knowledge, had been exempted from payment of the revenue on account of kharif 1947. Section 99 Pakistan Penal Code applied to cages where there is excess of jurisdiction as distinct from a complete absence of jurisdiction. It applies where an official does wrongly what he might have done rightly; but not to cases where the act could not possibly have been done rightly. A. I. R. 1946 Lah. 851; A. I. R. 1927 Lah. 851; A. I. R. 1927 Lah. 706; 29 Cr. L. J. 69; 9 P. R. 1918; 16 P. R. 1913 ref. JUDGMENT MUHAMMAD JAN, J: Fateh Muhammad, aged 30 years, Yusaf, aged 22 years, Muhammad Amin, aged 20 years, and Sadiq. 12 years, sons of Amir, of Chak No. 3 S. P., Montgomery, were tried on charges under sections 332, 333 and 307 read with section 34 Pakistan Penal Code. Feteh Muhammad and Yusaf were convicted under section 332 and sentences to six month rigorous imprisonment each. Muhammad Amin was convicted under section 333 and 305 Pakistan Penal Code and sentenced to three year's rigours imprisonment on each count. The sentences were ordered to run concurrently. Sadiq was convicted under section 332 Pakistan Penal Code but owing to his youth was ordered to execute a bond in the sum of Rs. 1,000 under…

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