Legal Question in Criminal Law in Pakistan

Re: Criminal law

Q. 1.What are the powers of a police officers under the Pakistan criminal law?

A. 1. To arrest, investigate, and to ensure peace in Pakistan within the fore-corners of laws.

Q. 2.What are the most highlighted sections of Pakistan Penal Code?

A. 2. 380/411, 395, 324/34, 420/468/471, 379, 212, 399/402, 354/452, 457/380, 506, 342/452/365, 364, 392, 354/353, 324/427, 399/401, 514, 337-f/2, 148/149/364, 412, 337/34, 506/452, 342, 337/504, 324/459, 324/453, 394/324.

Q. 3. Does Limitation Act apply on criminal cases, if yes on what cases?

A. 3. No, Limitation is not applied on criminal case but it is applied on civil cases only.

Q. 4. What are the compoundable offences and non-compoundable offences?

A. 4. Following are compoundable offence:---

CRPC – 345. Compounding offence: (1) The offences punishable under the sections of the Pakistan Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:-

Offence Sections of the Pakistan Penal Code applicable Persons by whom offence may be compounded.

Uttering words, etc., with deliberate intent to wound the religious feelings of any person 296. The person whose religious feelings are intended to be wounded.

Wrongfully restraining or confining any person. 241, 342 The person restrained or confined.

Assault or use Of criminal force.

352, 355, 358 The person assaulted or to whom criminal force is used.

Unlawful compulsory labour. 374 The person compelled to labour.

Mischief when the only loss or damage caused is loss or damage to a private person.

426, 427 The person to whom the loss or damage is caused.

Criminal trespass 447

House-trespass 448

The person in possession of the property trespassed upon.

Dishonestly issuing a cheque for repayment of loan or fulfillment of an obligation.

489-F The person in whose favour cheque issued.

Criminal breach of contract of service.

490, 491, 492 The person with whom the offender has contracted.

Adultery 497 The husband of the woman.

Enticing or taking away or detaining with criminal intent

498

a married woman

Defamation 500

Printing or engraving matter knowing it to be defamatory.

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Re: Criminal law

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501

The person defamed.

Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.

502

Insult intended to provoke a breach of the peace.

504 The person insulted.

Criminal intimidation except when the offence is punishable with Imprisonment for seven years.

506 The person intimidated.

Act caused by making a person believe that he wilt be an object of divine displeasure.

508 The person against whom the offence was committed.

(2) The offences punishable under the sections of the Pakistan Penal Code specified in

the first two columns of the table next following may, with the permission of the Court

before which any prosecution for such offence is pending, be compounded by the persons

mentioned in the third column of that table:

Offence Sections of the Pakistan Penal Code applicable Persons by whom offence may be compounded.

Qatl-i-amd 302 By the heirs of the victim.

Qatt under ikram-i-tam 303 Ditto

Qatl-i-amd not liable to qisas

308 Ditto

Qatt-i-Shibh-i-amd 316 By the heirs of the victim.

Qatt-i-khata 319 Ditto

Qatl-i-khata by rash or negligent driving.

320 Ditto

Qatl-bis-sabab 322 Ditto

Attempt to commit Qati-i-amd 324 The person against whom the offence was committed,

Itlaf-i-udw 334 The person to whom is caused,

Itlaf-i-Satahiyyat-i-udw 336 Ditto

Shajjah of any kinds 337-A Ditto

Jaifah 337-D Ditto

Ghayr-jaifah of any kind 337-F Ditto

Hurt by rash or negligent driving 337-G Ditto

Hurt by rash or negligent act 337-H Ditto

Hurt by mistake 337-I Ditto

Hurt by means of a poison. 337-J Ditto

Hurt to extort confession or to compel restoration of property

337-k Ditto

Other hurts 337-L Ditto

Hurt not liable to qisas 337-M Ditto

Cases in which qisas for hurt cannot be enforced

337-N Ditto

Isqat-i-haml 338-A The Victim or the heirs of the victim, as the case may be.

Isqat-janin 338-C The Victim or the heirs of the victim, as the case may be.

Wrongfully confining a person for three days or more

343 The person confined

Wrongfully confining a person in secret-

346 Ditto

Assault or criminal force in attempting wrongfully to confine a person

357 The person assaulted or to whom the force was used.

Dishonest misappropriation of property

403 The owner of the property misappropriated:

Cheating 417 The person cheated.

Cheating a person whose interest the offender was bound, by law or by legal contract, to protect.

418 Ditto

Cheating by personation 419 Ditto

Re: Criminal law

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Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security.

420 Ditto

Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person.

430 The person to whom the loss or damage is caused.

House-trespass to commit an offence (other than theft) punishable with imprisonment.

451 The person in possession of the house trespassed upon.

Using a false trade or property mark.

482 The person to whom loss or injury is caused by such use.

Counterfeiting a trade or property mark used by another.

483 The person whose trade or property mark is counterfeited.

Knowingly selling or exposing or possessing for sale or for trade or manufacturing purpose, goods marked with counterfeit trade or property mark.

486 Ditto

Marrying again during the lifetime of a husband or wife.

Q. 5.Can we file a criminal case against a Govt. servant or a Govt. Organization, if yes who can file and what is the procedure of filing such criminal case?

A. 5. Yes, one can file case against Government Officer in normal way as against common people.

Q. 6. What are the powers of an advocate in Pakistan?

A. 6. Education and professional skill of power of Advocates in Pakistan. No privilege is vested to Advocates except they may represent others and no one compel them to disclosed information for which they are not bound to disclose, they may have contact with criminal client for obtaining information and without any duty to disclose where he is.

Q. 7. Under what sections or law an Advocate has a supremacy over a police officer or any other person in Pakistan?

A. 7. No one has supremacy over each other. All are bound of law. No one is above law.

Q. 8. Can a bail be granted in murder case? If yes on what grounds?

A. 8. Can be granted on following reasons:---

1. Case is false.

2. Prima facie discrepancies in FIR.

3. Prima facie discrepancies in prosecution investigation.

4. Case is of further inquiry.

5. Section of death penalty (302) is not attracted in view of FIR and investigation.

6. Plea of alibi.

7. Previous enmity, etc.

Q. 9. What are cognizable offences? Give examples.

A. 9. Cognizable offences are those in which police is authorized to take direct action without seeking the orders from Court, such as murder, dacoity, theft, etc. Schedule at the end of CRPC prescribes about the offences, cognizable and non-cognizable separately, against each section of PPC.

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http://nnbutt2000.0catch.com/laws/crpc.htm

http://nnbutt2000.0catch.com/laws/ppc.htm