Criminal Law

INTRODUCTION A crime is an act committed or omitted in violation of public law forbidding or commanding it. In Pakistan, where the whole criminal law is enacted and codified, crime means an act punishable by the Pakistan Penal Code or other penal statutes.   DEFINING THE TERM CRIME In a Literal Sense, Crime means: Activities … Read more

INTRODUCTION Theories of punishment have been propounded by various jurists at different ages of time. An authentic theory in this regard has been a subject of debate for many centuries. With time, various theories have been proposed with special reference to contemporary legal systems. Each theory has its own particular merits and demerits.   DEFINITION … Read more

INTRODUCTION Liability is the bond of legal necessity that exists between the wrong-doer and the remedy of the wrong. It has its source in the supreme will of the state.   A. VICARIOUS LIABILITY According to Fleming: Vicarious liability is a principle where the law holds one person responsible for the misconduct of another. BASIS … Read more

INTRODUCTION Crime is such a phenomenon that has affected all societies throughout history. Crime takes many forms, including assault, fraud, and drug trafficking. Criminologists always try to understand the root causes of crime, including the social, economic, and psychological factors that contribute to criminal behavior. Despite efforts to reduce crime, it remained a significant challenge … Read more

INTRODUCTION Common intention and common object are legal terms used to determine the liability of individuals involved in a criminal act. Common intention refers to a mutual understanding between two or more individuals to commit a crime together. Common object refers to the shared objective or purpose behind the criminal act. RELEVANT PROVISIONS Sections 34, … Read more

INTRODUCTION Freedom of Assembly is a fundamental right which is available to every citizen of Pakistan and secured by Article 16 of the Constitution of the Islamic Republic of Pakistan, 1973. But where persons assemble to commit any breach of law, the same would become unlawful, and where the strength of such assembly is five … Read more

INTRODUCTION General defences are those defences that are available to a person to protect himself in a situation of danger. These may be of body or property. There are several general defences available to individuals who are accused of committing a crime.   RELEVANT PROVISIONS Sections 82, 83, 84, 85, 86, 76 & 79, 81, … Read more

INTRODUCTION The right of private defence is provided to preserve one’s life or security and to prevent crime. The law does not want that a law-abiding person should live a cowardly life so the right of self-defence is provided in Pakistan Penal Code.   RELEVANT PROVISIONS Sections 96, 97, 99, 100, 101, 102, 103, 104, … Read more

INTRODUCTION Abetment is a separate and distinct offence provided the thing abetted is an offence. It is an independent crime, i.e. to say that abetment does not in itself involve the actual commission of the crime abetted. It is a crime apart.   RELEVANT PROVISIONS Sections 107 to 120 of P.P.C. 1860 deal with abetment. … Read more

INTRODUCTION Criminal conspiracy means banding together for an evil purpose. No physical activity needs to be proven to have been done in pursuance of the conspiracy for holding a person liable under it. However, the mere manifestation of the criminal intent through criminal conspiracy is enough.   RELEVANT PROVISIONS Sections 120A, 120B(1) and 120B(2) of … Read more

INTRODUCTION Qatl means causing the death of a person. It is the killing of human beings by human beings. Fundamentally، qatl may be divided into two broad categories; lawful or unlawful.   RELEVANT PROVISIONS Sections 300, 301 302, 303A 303B, 304, 305, 306, 307, 308. 313, 314, 315, 316, 317, 318 319, 320, 321, 322 … Read more

INTRODUCTION Defamation refers to the act of making false statements that harm the reputation of an individual or entity. It involves spreading falsehoods through spoken or written communication, such as slander (spoken defamation) or libel (written defamation). Defamation can result in serious legal consequences, as it infringes upon a person’s right to a good name … Read more

INTRODUCTION Theft, liable to Hadd is included in The Offences Against Property (Enforcement of Hudood) Ordinance, 1979. It is the modification of the existing laws against property in order to bring the commission of certain offences within the injunctions of Islam. It is also known as Sarka.   RELEVANT PROVISIONS Sections 4 to 14 of … Read more

INTRODUCTION Qazf is accusing falsely a virtuous man or woman of adultery. The right of reputation is a sacred right and is well preserved by the Quran which casts a duty on the person against whom a false case of adultery or commission of Zina has been brought to bring to the direct action of … Read more

INTRODUCTION The offences regarding drinking are covered in Prohibition (Enforcement of Hadd) Order, 1979. Drinking is the taking of any kind of intoxicant. Normally, drinking results in unconsciousness so it is prohibited in Islam.   RELEVANT PROVISIONS Articles 6 to 13 of the Prohibition (Enforcement of Hadd) order, 1979 Cross Reference. Article 203C of the … Read more