Admittedly, the punishment provided for the offence under Section 489-F PPC is imprisonment for three years or fine or both.

 The word „or‟ is normally disjunctive and „and‟ is normally conjunctive but at times they are read as vice versa to give effect to the manifest intention of the Legislature as disclosed from the context. The aforesaid three types of punishments provided under Section 489-F PPC are in alternative to each other as the expression „or‟ has been used therein. The insertion of word „or‟ by the legislature in Section 489-F PPC, reflects its intention that a sentence of imprisonment is not mandatory, and it has been left to the discretion of the court, as only a sentence of fine can also be imposed. The use of word „or‟ clearly reflects that a disjunctive punishment of fine has also been provided in the Section ibid. The use of word „or‟ signifies a disjunctive sense and it cannot be read as „and‟, unless of course, the context provides so. The word “Or” in PPC, while detailing punishments, should be taken as „disjunctive‟ corresponding to the word “either” and legally cannot be taken as interchangeable to word “and”. The use of word “OR” legally speaks about choosing one out of two or more options which (act of choosing) shall be “legal”.

The maximum punishment of offence provided under Section 489-F PPC is not more than imprisonment for three years or fine or both, as such, the same is not covered by the prohibition contained in sub-section (1) of Section 497 Cr.P.C.

Crl. Misc.41311/22
Rao Ghulam Mustafa Vs The State etc.
Mr. Justice Ali Zia Bajwa 14-09-2022
2022 LHC 6497