Criminal Law
Criminal law is the system of law that defines crime, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.
Criminal Law is an extreme field of practice covering all those aspects that entail crime as its factor. Every act or omission that violates a command, derives its force from legislature or from authority – either political or religious – that has absolute power over the matters of state is considered to be a crime. This is the reason that state standsas a prosecutor against the alleged culprit.
Criminal law history in Pakistan
Most of the criminal law that has been prevailing in Pakistan was introduced by the British Empire when subcontinent was a colony and Pakistan was part of it. Even then care was taken to understand the social conditions and criminal law was tried to be conditioned according to the cultural circumstances of the colony. This is the reason that it was willfully accepted by India and Pakistan both after partition from British Empire. Code of Criminal Procedure (V of 1898) that was implemented in colonial times is still largely the prescribed criminal procedure followed by the courts in Pakistan. Similarly, the Penal Code (XLV of 1860) that was introduced in colony is still largely followed in shape of the Pakistan Penal Code.
Criminal Law In Pakistan
Pakistan has a very detailed criminal law that is though outdated to some extent but it tends to cover all aspects that do constitute a crime. To understand the criminal law in Pakistan one needs to understand the socialcultural, economic, and political, factors of this country also.
In Pakistan, the major statutes relating to criminal law are the Pakistan Penal Code 1860 and the Criminal Procedure Code, 1898. Out of these two the former deals with defining all the offenses and mentioning their punishments along, the former is specifically a code of procedure. The criminal procedure code is essentially a procedural law, which provides machinery for the punishment of offenders against the substantive criminal law example the Pakistan Penal Code. In fact the two laws are to be read together. Apart from these two statutes, which specifically deal in the criminal branch of law, there are certain other general laws which attract criminal liability like, Negotiable Instruments Act which attracts criminal liability in case of dishonoring cheque, although new provision of section 489-F has also been added in Pakistan Penal Code, regarding dishonestly issuing a cheque. Information Technology Law is also going to be drafted very soon which will deal with the wrongs relating to the Computer and Information Technology etc. The firm possessing an expertise in this branch has, through its most experienced and efficient attorney’s has successfully handled such cases involving penal prosecution. The experience of the lawyers at work in this pitch has provided us a distinct position from the rest.
Criminal Procedure Code.
The Criminal Procedure Code prescribes the Constitution of the Criminal Courts and offices and speaks of the powers of the courts. It contains various general provisions pertaining to the information to the Magistrates and Police and gives the procedure of arrest, escapes, and relating to the process to compel appearance through summons, warrant of arrest, proclamation and attachment, and other rules regarding processes. It also prescribed the processes to compel the production of documents and other movable property and for the discovery of persons wrongfully confined through a summons to produce and search warrants. The Criminal Procedure also helps for prevention of offences through security for keeping the peace and good behavior and to prevent the unlawful assemblies, public nuisances or apprehended danger, disputes as to immoveable property, preventive action of the police and their powers to investigate. The Cr.P.C also deals with the proceedings in prosecution and gives the jurisdiction to Criminal Courts according to place of inquiry or trial, complaints to the Magistrates, commencements of proceedings before Magistrates and inquiry into cases triable by the Courts of Sessions or High Courts. It also prescribes the nature and form of charges and joinders of charges and gives the procedure of trial by Magistrates including summary trial and trial before High Court and Court of Sessions and gives the mode of taking recording evidence in inquiries and trial and finally judgment.
The Criminal Procedure Code further defines the steps of submission of sentences for confirmation, execution, suspensions, remissions and computations of sentences, previous acquittals and convictions. This also dictates the steps of Appeals, References and Revisions. It further has special provisions relating to cases in which European and Pakistan British subjects are concerned and lunatics. It also defines the strategy of proceedings in case of certain offences affecting the administration of justice, of the maintenance of wives and children. It also ordains the actions regarding directions of the nature of a Habeas Corpus and have the supplementary provisions regarding public prosecutor, bail, commissions for the examination of witness, special rules or evidence. Provisions as to bonds, the disposal of property, transfer of criminal cases, and supplementary provisions relating to European and Pakistan British subjects and others. It also specifies the conduct of irregular proceedings and miscellaneous matters.
Pakistan Penal Code.
Pakistan Penal Code, 1860 specifies the extent of punishments against different crimes and offenses committed within Pakistan and beyond Pakistan but which by law may be tried within Pakistan and extraterritorialoffenses. The PPC further assigns the policy of general exceptions, right of private defense, abetment, and criminal conspiracy. It further requires actions against offenses against the state, relating to the Army, Navy and Air Force and against public tranquility.
It also dictates the policy against offences by or relating to public servant, offences relating to offences and contempt of the lawful authority of public servants. It further stipulates the system against the false evidence and offences against public justice and relating to coins and Government Stamps and pertaining to weights and measures. The PPC also assigns the policy relating to offences affecting the public health, safety, convenience, decency and morals. It also assigns a scheme regarding offences relating to religion, affecting the human body, wrongful restraint and wrongful confinement, of rape and of unnatural offences. This also ordains the steps against offences against property through theft, extortion, robbery and dacoity, hijacking, criminal misappropriation of property, criminal breach of trust, receiving of stolen property, of cheating, fraudulent deeds and disposition of property, mischief and criminal trespass.
The PPC also defines the punishment against offences relating to documents and to Trade or Property marks through forgery or false documents, counterfeiting currency and bank notes and criminal breach of contracts of service. It also dictates the punishment against offences relating to marriage, defamation, criminal intimidation, insult and annoyance and the attempts to commit offences.
Apart from Code of Criminal Procedure and Pakistan Penal Code there are So many Criminal Major Special laws those are moving on parallel side or independently with these two laws, some of them are as below
- Prevention of Corruption act 1947
- Explosive Act 1884
- Explosive substance 1908
- Limitation act 1908
- The Illegal Dispossession Act 2005
- Pakistan Arms Ordinance 1965
- Federal Investigation act 1974
- Federal Investigation Rules 1975
- Federal Investigation Agency Rules 2002
- The Passport Act 1974
- Protection against Harasment of women at workplace act 2010
- The Contempt of court Ordinance 2003
- The Drug Act 1976
- The Cyber Crime Act 2016
- The Emigration ordinance 1979
- Anti Narcotics Force Act 1997
- Control of Narcotics Substance Act 1997
- Anti Terrorism Act 1997
- Juvenile Justice System Act 2018
- Qanuna I Shahadat Order 1984
- Police Order 2002
- Transfer of offender Ordinance 2002
- Prevention and Control of Human Trafficking Ordinance 2002
- Prevention and Control of Human Trafficking Rules 2004
- Anti money laundering Act 2010
- The Witness Protection Security and Benefit Act 2017
- The Punjab Witness Protection Act 2018
- Prevention of Electronic Crime Act 2016
- Control of Narcotics Substance Rules 2001
