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“I am very thankful to my almighty ALLAH for giving me such a courage, success and honor. I am also
very thankful to all the students who appreciated my work and received them warmly. In these
notes the law has been elaborated with the help of landmark judgments which is delivered by the
Hon’ble Courts and has been written for the examination point of view and i hope that these notes
will also be received warmly by the students and may led to the success in the examination as well
as in their profession.
The below-given notes prepared for the students of the LLB. The subject is very technical, and i have
taken every step to ensure that these notes may fulfill the need of the students, but there may be
some shortcomings or flaws in it, so every suggestion for the improvement of these notes will be
warmly welcome.”
2 DEFINITION OF PUNISHMENT:
According to Black’s Law dictionary “Any fine, penalty or confinement inflicted upon a
person by the authority of the law and the judgment and sentence of a court, for some
crime or offence committed by him or for his omission of a duty enjoined by law .”
3 APPLICABLE PROVISIONS:
Following are the relevant provisions of P.P.C regarding concerned topic. Section 53 of P.P.C.
Philosophy Of Punishment
What are the 5 philosophies of punishment?
Deterrence. ...
Retribution. ...
Rehabilitation. ...
Incapacitation.
PHILOSOPHIES OF PUNISHMENT
Punishment serves numerous social-control functions, but it is usually justified on the principles of
retribution, incapacitation, deterrence, rehabilitation, and/or restoration. The specific principles that
underlie these dominant philosophies for punishment are summarized below.
Governments have several theories to support the use of punishment to maintain order in
society.
Utilitarian.
The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future
wrongdoing.
Retributive
The retributive theory seeks to punish offenders because they deserve to be punished.
Under the utilitarian philosophy, laws should be used to maximize the happiness of society. Because
crime and punishment are inconsistent with happiness, they should be kept to a minimum.
Utilitarians understand that a crime-free society does not exist, but they endeavor to inflict only as
much punishment as is required to prevent future crimes
Reference:
1. Qisas
2. Diyat
3. Arsh
4. Daman
5. Tazir
6. Death
Simple
9. Forfeiture of Property
10. Fine
I) QISAS
Qisas means to follow the path followed by the other. Literary Meaning the term Qiasa is
literally derived form Al Qasas which means to follow in someone footsteps.
According to justice Qurban ali Shah Qisas means punishment by causing similar hurt at the
same part of the body of the convict as he has caused to the victim or by causing his death if
he has committed Qatl-I Amd in exercise of his right of the victim or a wali.
According to section 299 (K) of PPC: “Qisas means punishment by causing similar hurt at the
same part of the body of the convict as he has caused to the victim or by causing his death,
if he has committed qatll-i-amd in exercise of the right of the victim or a wali.
A. EXCEPTION OF QISAR:
There are four cases in which qisas is not applicable on the offender.
DEATH OF OFFENDER:
Where the offender dies before the enforcement of qisas.
WAIVER BY WALI:
Where right of qisas is waived by any Wali.
(II) DIYAT:
Diyat means the compensation granted to the heirs of the victim by the offender only in cases of
Qatl and not in cases of hurt. It is payable only in cases where an offender guilty of qatle-I-amd is not
liable to qisas or where qisas is not enforceable.
ACCORDING TO SECTION 299 (E)
: “Diyat means the compensation specified in section 323 payable to the heirs of the victim.”
Value OF DIYAT U/SEC 323:
The court shall subject to the injunctions of Islam, as laid down in the Holy Quran
and sunnah, and keeping in view the financial position of the convict and the heirs of
the victim, fix the value of diyat which shall not be less than the value of thirty
thousand six hundred and thirty grams of silver.
(III) ARSH:
Arsh is the kind of compensation payable at the causing of hurt.
MODE OF PAYMENT:
The Arsh will be payable in lumpsum (at once) or in installments spreading over three years from the
date of final judgment.
FAILURE TO PAY ARSH:
In case of default, the offender may be kept in jail to serve the simple imprisonment until
Arsh is
(IV)-DAMAN:
The word Daman is actually Dhman. It means compensation which is determined by the court.
(V) TAZIR:
According to section 299 (l):
“Tazir means punishment other than Qisas, Diyat, arsh or Daman.”
PUNISHMENT OF TAZIR:
Tazir may be inflicted by imposition of Fine, imprisonment etc. It is the punishment which is left to
the discretion of the judge or court.
(VI) DEATH:
Death is the capital punishment that may be awarded for certain offences under P.P.C. Such as:
i IMPRISONMENT:
Imprisonment means confinement of convict within certain prescribed limits. The maximum period
Fourteen years under section 55 P.P.C and the shortest term provided for an offence is twenty four
hours under section 510 P.P.C. There are two Kinds of Imprisonment:
Rigorous
In the case of rigorous imprisonment, the offender is put to hard labour such as digging earth,
drawing water etc.
Simple
In the case of simple imprisonment, the offender is confined to jail and is not put to any kind of
work.
Preclude Remarks
I can say, that it is the basic purpose of criminal justice that wrong doer (culprit) should be Punished.
To fulfill this purpose section 53 of P.P.C. provided different types of Punishments based on different
theories viz deterrent, Retributive, reformative compensatory, preventive etc Apart these
Punishments the punishment, of whipping, added by whipping Act may also be awarded and
juvenile offenders, sentenced to and detained in a reformatory school for a period of 3 to 7 years.
Q. 2: COMMON INTENTION AND COMMON
OBJECT
1 Preface Theory
In Common intention any offence committed by several persons which is designed pre-planned.
Section 34 of the PPC deals the common intention. Common intention is intention to commit crime
and each accused can be convicted for the crime who participated in that crime, in furtherance of
the common intention. 2013 PCrLJ (Lah). 603
Common intention generally involves element of common motive, pre-plan preparation and actual
pursuant to such plan. Sometimes common intention is developed at the spur of the moment or
during Commission of offence. PLD 2007 SC 87
To have common intention independently of each other is not to have common intention. Common
intention requires a pre-arranged plan. There must be a prior meeting of mind. Several person can
simultaneously attack a man and may have the same intention namely the intention to kill and each
can individually inflict a separate fatal blow and yet none would have the common intention as there
is no prior meeting of mind to form a pre-arrange plan. PLD 2010 SC 47
Section 34 applicable to sharing of knowledge as well as intention PLD 2001 Lah.113 and PLJ 2008 SC
197
2 APPLICABILITY OF LAW
Section 34 is applicable to share and knowledge as well as intention
3 PROOF
Except in a pre-meditated occurrence, it is difficult to procure direct evidence to prove intention of a
person for committing crime rather intention is to be inferred from his act and conduct common
intention within the meaning of section 34 PPC can be proved through direct or circumstantial
evidence or may also depend upon the nature of an act done or motive possessed and a joint action
of more than one person itself, is an evidence of common intention. PLD 2007 SC 87
4 INGREDIENTS
Ingredients of Section 34 PPC were that a criminal act mush be done by several persons; that
criminal acts must be done to further the common intention of all; and that there must be
participation of all persons in furthering the common intention.
I. Criminal Act
II. Several persons
III. Act muct be done
IV. Common intention
V. Participation of all persons
7 COMMON OBJECT
Crucial question for determination was whether the assembly consisted of five or more person and
whether the said persons entertained on or more of the common objects specified by section 141 of
the Penal Code.
While determining said question, it was relevant to consider whether the assembly consisted of
some person who were merely passive witnesses and had joined the assembly as a matter of idle
curiosity without intending to entertain the common object of the assembly.
Mere presence or association with other member of unlawful assembly alone was nor per se
sufficient to hold every one of them criminally liable for the offences committed by the other unless
there was sufficient evidence on record to show that each intended to or knew the likelihood of
commission of such an offending act. 2012 SCMR 1156
Essential Ingredients
Mention below some are essentially requirement who must be fulfill otherwise in case of common
object otherwise the allegation of criminal act like common object is not admissible .
I- Offence is committed
II- Unlawful assembly
III- Part of unlawful assembly
IV- Object must be common
V- Fully knowledge of offence
9 CONSTRUCTION
Section 149 is divided into two parts.
if under the
second part of the section it is clear that he was aware that such a lesser offence was likely to be
committed in prosecution of the common object although some member of the assembly may have
travelled beyond that a object and committed a graver offence.
PLD 1968 SC 372 ; 1969 SCMR 419; PLD 1971 Kar. 68; 1971 PCrLJ 297.
i SCOPE
Scope of section 149 P.P.C while awarding the sentence, a distinction had to be made in respect of
accused, who were armed with deadly weapons or otherwise. PLD 2014 Qta. 120
2. Section 149 can apply only to cases in which culprits are five or more.
2 MEETING OF MIND:
1. Section 34 requires a pre-concert or meeting of mind.
2. Section 149 will apply even if there was no prior meeting of mind.
3 PARTICIPATION:
1. Element of participation in action is necessary to constitute common intention.
2. In Section 149 only membership of unlawful assembly at the time of occurrence of offence is
sufficient.
4 PRESENCE OF ACCUSED:
1. In Section 34, all the accused must be present on the spot.
1.2. In section 149, it is not necessary that the accused must be present at the time of the
commission of the offence.
10 Preclude Remarks:
To conclude that ………………………………………
Q 3: Define criminal conspiracy discuss its kinds
and distinguish it from abetment
A conspiracy consists not merely in the intention of two or more but in an agreement of two
or more than two to do an unlawful act or to do a lawful act by unlawful means.
CRIMINAL CONSPIRACY
Most important ingredient of the offence of conspiracy was the agreement between two or
more persons to do an illegal act. Conspiracy consisted not merely in the intention of two or
more but in agreement of two or more to do an unlawful or to do a lawful act by unlawful
means. 2011 PCrLJ 232
I. Conspiracy between husband and wife. Does not warrant prosecution. PLD 1957 PC 92
II. Mode of proof. Evidence should not be considered in isolation . PLD 1979 SC 53
Relevant Provision
Sec120-A, 120-B , 121-A PPC
i. an illegal act , or
ii. an act which is not illegal by illegal means such an agreement is designated a criminal
conspiracy.
ESSENTIAL OF CRIMINAL CONSPIRACY
According to section 120-A following are the essentials of criminal conspiracy according to
section 120-A of PPC two or more person in order to establish the offence of criminal
conspiracy it is necessary that these should be at least two or more than two persons to
such agreement it is also necessary since an individual cannot conspire with himself alone.
I. Two or person
The offence of abetment requires that an act or illegal omission must take palace in
pursuance of the conspiracy.
The object of the offence of criminal conspiracy is a bare agreement to commit an
offence.
Object
Form
Abetment is a total complete offence.
Conspiracy is one of the forms of abetment.
SCOPE
Abetment by conspiracy is narrow in scope.
Criminal conspiracy is wider in scope.
Preclude Statement
Thus I conclude this topic to saying that the offence of criminal conspiracy consists in the
every agreement between two or more person to commit a criminal offence irrespective of
the further consideration. Whether or not these offence have actually been committed the
fact of conspiracy constitute in offence it is immaterial whether anything has been done by
pursuance of unlawful agreement.
Q # 04: What are essentials of unlawful assembly as well
as define punishments for members of unlawful assembly.
1) Preface Fact
Article 16 of the constitution of the Islamic Republic of Pakistan 1973, provides “Freedom of
Assembly” as a fundamental rights to each and every citizen of the Pakistan. But where
people make assembly to commit unlawful act, then it would become unlawful assembly in
the eye of the law, if the strength of this assembly is five or more persons, it would become
unlawful assembly which is an offense. Unlawful assembly is a group of such people who
have mutual intention and they start certain acts to attain property of others illegally or
consents of others with illegal manner
1. Number of persons
According to section 141 of the Pakistan Penal Code, In order to call an assembly an
unlawful assembly it is necessary that there must be at least 5 or more persons who have
common intention as it has been mentioned in section 141 of the Pakistan Penal Code.
But in this case, it is the responsibility of the injured person that he should prove that
there was an unlawful assembly consisting of at least five persons
2. Common object
It is necessary that the object should be common of the persons who have assembled
this unlawful group. If the object will be common at the time of occurrence of the crime
then it will be called an unlawful assembly. Even if common object is not proved there
can be no objection upon all of them by the court of law
3. Common object must be unlawful
Section 141 of the Pakistan Penal Code will apply only if the common object of an
assembly will prove unlawful. If an assembly who is performing a lawful act, Even if
common object is not proved unlawful there can be no objection upon all of them by the
court of law
3. Commission of offense
According to section 141 of the Pakistan Penal code, When the group of persons will
commit something wrong or omit someone to do something that he is entitled to do, in
this case such kind of commission or omission will be considered as crime and all of those
person will be considered as member of an unlawful assembly and will be punished by
the court of law
9) Vicarious liability
Under the Pakistan penal code, if one person commits a crime in order to achieve the
common object of his unlawful assembly, in this case, all of the persons who are the
members of this assembly will be considered as criminal and vicarious liability will be
imposed upon all of them
2) Meaning of Rioting
The word riot has been derived from the French word which means “to take part in public
disturbance”
3) Definition of rioting
Rioting is such criminal offence where three or more persons who have mutual intention to
commit a crime by use of force and common objects of the group is to attain something
unlawfully from others
4) Meaning of Affray
The word Affray has been derived from the French word “effrayer” which means “to
affright”
5) Definition of affray
Affray is such criminal offence when two or more persons are fighting in a public place with
their mutual consent in order to threat ordinary people
6) Essentials of rioting
Following are the essential elements of rioting. Details are as under
1. Force
Under Pakistan Penal code, the use of force is an essential element in rioting, by using
force criminal obtains properties or others things from people and violates their rights
which has been legally recognized
2. Unlawful assembly
In order to call an assembly an unlawful assembly it is necessary that there must be at
least 3 or more persons who have common intention
But in this case, it is the responsibility of the injured person that he should prove that
there was an unlawful assembly consisting of at least three persons
3. Common object
It is necessary that the object should be common of the persons who have assembled this
unlawful group. If the object will be common at the time of occurrence of the crime then
it will be called an unlawful assembly. Even if common object is not proved there can be
no objection upon all of them by the court of law
4. Vicarious liability
Under the Pakistan penal code, if one person commits a crime in order to achieve the
common object of his unlawful assembly, in this case, all of the persons who are the
members of this assembly will be considered as criminal and vicarious liability will be
imposed upon all of them
7) Essential of affray
Following are the essential elements of rioting. Details are as under
1. Number of person
Under Pakistan Penal Code, in order to call an offence an affray, there should be shown
two or more person who were involved in fighting and in disturbance to public peace
2. As to place
Rioting is the type of fight and parties commits riot at a private place
Affray is the type of fight and parties commits affray at public place
3. As to assembly
Riot can only be committed when 3 persons involved
Affray can only be committed when 2 person involved
4. As to violence
Riot is violence, which violence of rights of people
Affray is not violence; its purpose is to terror to the people
5. As to liability
In riot, strict liability can be imposed upon all members
In affray, only fighters will be considered as criminal
6. As to object
In riot, there is common object of the members to attain something by force
In affray, there is no common object of the members
7. As to punishment
In riot, punishment for accused can be up to 3 years, fine or both
In affray, punishment for accused can be up to one month, fine or both
8. As to nature
Riot is real and has an object
An affray is dramatic in nature, and has no specific object
3) General Defenses
Following are the general defenses in criminal law. Details are being given as under
1. Minority
Under Pakistan Penal code, such act which is offence but it has been performed by a
child who is under seven years of age; because the child under seven years of age cannot
differentiate between right and wrong that’s why he is incapable to perform an offense.
And this is a very valid defense in criminal law
2. Insanity
Under Pakistan Penal Code, Such act which is offence but it has been performed by a
person who is insane or unsound mind, because the person who is insane cannot
differentiate between right and wrong that’s why he is incapable to perform an offense
and he does not know the reaction of his act. And this is a very valid defense in criminal
law
Insanity by drunkenness
If the insanity is brought by drunkenness, because it is due to voluntarily
intoxication, so that it is not a valid defense to criminal liability
Medical insanity
If a person is medically insane and cannot differentiate between right and wrong. It
is a valid defense to criminal liability
3. Intoxication
Under Pakistan Penal Code, such act which is offense but it has been performed by a
person who had drunk, because the person who had drunk cannot differentiate between
right and wrong that’s why it is a very valid defense against criminal offense.
Voluntary intoxication
An accused who had drunk voluntarily, , it is not a defense in criminal liability to a
crime
Involuntary intoxication
An accused who had drunk involuntarily, it is a very good defense in criminal liability
to a crime because he has been drunk by a fraud
4. Mistake of fact
In mistake, accused will have to prove that the wrong done was performed mistakenly.
This is not a very valid defense because it is very hard to prove that a wrong done which
has been committed by accused was purely based on mistaken. It will be considered as
mistake when genuinely accused does not know the reaction of his action and such act
become the reason of injury to other person
5. Consent
In very limited situations an accused can claim that the victim consented to the accused’s
act
For example, you are a viewer of a cricket match , the batsman hits a six, and the ball
lands on your head, but you cannot claim for compensation either from the stadium
authorities or the batsman because when you took a seat in the stadium, you accepted
the risks while sitting in the stadium. Because wrong doer can prove that the injured
person voluntarily put himself in that situation.
6. Private defense
Under Pakistan Penal code, private defense is a valid defense. Because every individual
has the right to protect his life and his property from accused and during this protection
he can use certain amount of force if necessary. The criminal law recognizes this right
and any injury which is caused by the personal protection will not give rise to legal
remedy
7. Inevitable accident
When an injury is caused to a person by an accident which can’t be avoided even with
reasonable care
For example, if a person accidently injured and happening of that accident can’t be
avoided even with reasonable care. After all, how can an injured person blame for
someone else for this accident
4) Preclude Remarks
An action which has been performed under lawful provision, it has not been sued by
victim in any court of law. The criminal law has defined those circumstances where
criminal act is justifiable and excusable. As well as the criminal law does not give
permission to anyone to perform unreasonable acts under the statutory provision or in
accordance with general defense because such kind of act will be considered as criminal
offence
Q # 07: What is private defense of property and person and
when does it extend to causing death of the assailant
(Attacker)
1) Preface Fact
Pakistan Penal code gives a right to every person to defend his body or property from
unlawful offence by using limited force. Such kind of usage of force in order to protect
himself or protection of his property will be called private defense. Law does not want
that a person should live coward life so the right of private defense has been vested in
person in Pakistan Penal Code and nothing is an offence which is done in the exercise of
right of private defense
3) Force to be used
Each and every citizen has been given the right of private defense but law allows only
reasonable force to be used to protect himself self from offender. If offender will use
extreme force which was not necessary for his protection or may cause the death of
assailant in this case defender will be liable to criminal proceedings
1. Fear of Death
Right of private defense of body can become cause of the death of assailant when
defender feels that the assailant attack can become cause of his death
4. Intention of Kidnapping
Right of private defense of body can become cause of the death of assailant when
defender feels that the assailant’s intention is kidnapping
1. Commission of robbery
Right of private defense of property can become cause of the death of assailant when
defender feels that the assailant’s intention is to commit robbery
3. Mischief by fire
Right of private defense of property can become cause of the death of assailant when
defender feels that the assailant’s intention is to mischief by fire to the building or tent
or other property which can become cause of innocent casualties
4. Theft
Right of private defense of property can become cause of the death of assailant when
defender feels that the assailant’s intention is to commit theft, which can become cause
of grievous hurt to defender
1. Theft
The right of private defense of property against the thief continues till the thief will
remain at the location and if thief has left the place along with stolen property and is
completely out of reach of owner, in this case such right of private defense will be
discontinued
2. Trespass
The right of private defense of property continues only as long as the trespasser remain
on that property and if the trespasser has left the property , in this case such right of
private defense will be discontinued
3. Robbery
The right of private defense of property against robbery continues as long as the
offender can cause of death or other grievous hurt or till the fear of the same remains
continues
4. Apprehension of death
The right of private defense of body continues till, the fear of apprehension of death is
not abolish
5. Intention to rape
The right of private defense of body continues till, the fear of rape by offender does not
abolish
6. Intention to kidnapping
The right of private defense of body continues till, the fear of kidnapping by offender
does not abolish
8) Preclude Remarks
To Conclude, it can be stated that it is necessary to exercise right of private defense that
use of force should have become necessary against assailant and use of force should be
reasonable. When a person uses such necessary and reasonable force through private
defense, he will not be answerable in law for his deeds.
Q # 08: Section 53 of The Pakistan Penal Code provided
various
kinds of punishments.
1) Preface Fact
Under the section 53 of Pakistan Penal Code, there different kinds of punishments have
been suggested against the nature of criminal offence. The purpose of the Codified PPC is to
punish the criminal who is punished by the court of law. Purpose of punishment is to make
men better or protection of the society. With the passage of time, various kinds of
punishments have been given to offenders in order to decrease the ratio of crime from
society by court of laws or other authorities
2) Meaning of Punishment
Imposition of the penalty against violation of law is punishment
3) Definition of Punishment
Punishment is a method of protecting the society from offender for reducing the occurrence
of criminal acts
4) Kinds of punishment
Details of kinds of punishments authorized by law are as under.
1. Death Punishment
Under Pakistan Penal Code, the death is capital punishment for offender which is given
for certain offences under PPC such as:
1) Murder
2) Waging War Against Pakistan
3) Hijacking
2. Imprisonment
Under Pakistan Penal Code, life imprisonment is a type of punishment for offender
according to it, offender is sent to jail for whole life but the duration of this sentence is
consisted upon 14 years
Kinds of imprisonment
a. Rigorous imprisonment
In this type of punishment, offender remains in the jail but he has to do
hard labour
b. Simple Imprisonment
In this type of punishment, offender remains in the jail but he does not
hard labour
Period of Imprisonment
a. Maximum period of imprisonment for offender is 14 years
b. Minimum period of imprisonment for offender is 24 hours or unlimited
3. Fine
Fine is also a punishment under Pakistan Penal Code, it has been prescribed that
according to it, offender will pay fine against violation of rights of others, sometime
offender pays fine along with imprisonment for a certain period, if offender will not pay
the fine in this case period of his imprisonment will be exceeded
4. Solitary confinement
Under Pakistan Penal Code, solitary confinement is also a type of punishment, according to this,
an offender is kept in jail separate from other prisoners as punishment for a specified period or
with full period of imprisonment
5. Hadd punishment
Under Pakistan Penal Code, Hadd punishment has been prescribed that according to
them, No judge can change or reduce the punishment for these serious crimes because
these have been set by ALLAH in Quran. The Hadd crimes are:
Murder Apostasy from Islam
Robbery Theft
Rebellion Defamation
Alcohol Drinking
6. Tazir Punishments
Under Pakistan Penal Code, Tazir punishment has been prescribed that according to
them, Judge can change or reduce the punishment for these crimes on his own
discretion because these have been codified in Criminal law and punishment for it can
be fine, imprisonment etc
7. Forfeiture of property
Under Pakistan Penal Code, Forfeiture of property was also a punishment, it was a
punishment imposed on high political offenders and it was also imposed on offenders
who were punishable with death but it has been abolished now under Pakistan Penal
Code
8. Whipping
Under Pakistan Penal Code, whipping is a type of punishment, according to this,
offender is beaten against violation of certain rights or it is imposed on offender for high
criminal activity by the order of law
9. Qisas
The word Qisas has been derived from Arabic word “Qasas” which means to “to follow
someone in footsteps”
Under Pakistan Penal Code, it has been prescribed that offender will receive same hurt
as he gave to the victim, if offender committed Qatal-e-Amd, he also will be killed
10. Diyat
Diyat is also a type of punishment, which has been prescribed in Pakistan penal code,
according to this punishment, the offender, is liable to pay compensation to the heirs of
the victim.
It is payable only in case where offender is guilty of Qatal-e-Amd and where qisas in not
enforceable
5) Objectives of Punishment
Following are the objectives of the punishment
1) The major objective of the punishment is the protection of the life from offender
2) Second objective of the punishment is the protection of the property of the people
3) Another objective of the punishment is the protection of the state and country
4) Theory of punishment aim is the maintenance of the peace and equality
5) Protection of the culture and morality
6) Most important objective is protection of rights and liberties of the people
7) The biggest aim of punishment is to disgrace the crimes and criminal activities
8) To prevent the other members of the community from repeating of crimes
7) Preclude Remarks
The measure of punishment varies from time to time according to the nature of crime
committed by the offender. There are different kinds of crimes and different punishments
are available against all kind of offences. Pakistan Penal code, always follows the Holy Quran
& Sunnah in order to give punishment for Hadd crimes and there is no discretion of the
judge on Hadd punishment because these have been prescribed in Islam
Q # 09: Define abetment? Discuss the criminal liability of
an abettor in different circumstances?
1) Preface Fact
If a person who commits an act which is criminal act in its nature as a result of abetment, if
instigation, conspiracy or intentional aid will be proved behind the act committed, then it
will be called abetment otherwise there is no abetment. That’s why mere the presence at
the time of occurrence of an offence will not be sufficient to make out a case of abetment.
Abetment is a provocation to person for commission of criminal act or a person who is being
helped for commission of an offence, such provocation will be called abetment, and the
person who is helping the criminal will be called abettor
2) Meaning of abetment
Abetment is a legal term which means, to encourage or to provide help usually in
wrongdoing
3) Definition of abetment
Abetment is an urging to a person, to do an act in a certain way or help out someone in
commission of an act which in an offence
4) Definition of abettor
Abettor is a person who, urges to other person to commit a crime is called abettor
5) Kinds of abetment
Following are the kinds of abetment under the Pakistan Penal Code, Details are as under
1. Instigation (Uksana)
If a person abetting to another person by instigating, for commission of an illegal act or
omission which is an offence, it is called abetment by instigation and abettor also will be
liable for this offence. So in this type of abetment, instigation can be directly or indirectly,
words, advices or gesture which are being used for instigation
2. Conspiracy (Sazish)
If a person abetting to another person by conspiracy, for commission of an illegal act or
omission which is an offence, it is called abetment by conspiracy and abettor also will be
liable for this offence. So in this type of abetment, there must be a conspiracy and two or
more persons are required
3. Intentional aiding
Aid means help, if a person abetting to another person by intentional aid, for commission
of an illegal act or omission which is an offence, it is called abetment by aiding and
abettor also will be liable for this offence. There can be two or more person who will be
helping the offender for commission the crime
1. Unspecified punishment
If any punishment has not been specified in the P.P.C for abetment, in this case the
abettor will be punished for the offence which has been committed in the result of his
abetment to offender
7) Objectives of Punishment
Following are the objectives of the punishment
1) The major objective of the punishment is the protection of the life from abettor
2) Second objective of the punishment is the protection of the property of the people
3) Another objective of the punishment is the protection of the state and country
4) Theory of punishment aim is the maintenance of the peace and equality
5) Protection of the culture and morality. Most important objective is protection of rights
and liberties of the people
6) The biggest aim of punishment is to disgrace the crimes and criminal activities
8) Preclude Remarks
In this question there are two personalities should be exist, one who is known as person
abetted and 2nd who is known as abettor. Under Pakistan penal Code act, person abetted
and abettor both will be held responsible for an offence which may be committed by
person abetted or by both. And they will be given same punishment for offence
according the nature of their offence. Abettor is a person who urges other or helps other
to commit a crime and person abetted is the person who commits the crime directly by
his hands
Q # 10: What is hurt and its different kinds? Discuss in
details.
1) Preface Fact
Under Pakistan Penal Code, there are a lot of criminal acts as well as methods of
commission of such acts are different. When someone causes an injury to any person or
dismembers any organ of the body of any person, without causing his death, is called hurt.
In case of qatal, the victim gets expire but in case of hurt, victim remains from death. In case
of hurt, various organs and parts of human body have been defined separately. All injuries
have different punishments according to the nature of hurt
2) Meaning of Hurt
The term hurt is a legal term which means “to cause physical pain to somebody”
3) Definition of hurt
Hurt is one of the criminal act which causes harm to human body other than death
4) Essentials of hurt
The hurt is harm caused to human body other than death. Following are the essentials of hurt
1) Causing pain, Harm or injury
2) Causing Disease
3) Causing disabling of any organ without death
4) Causing dismembering of any organ without death
5) Kinds of hurt
Following are the five kinds of hurt under Pakistan Penal Code. Details are as under
1. Itlaf-e-Udw
When someone dismembers any organ of the body of any other person without causing
his death is called itlaf-e-udw
Punishment: in this case, the offender will be punished with Qisas but where Qisas is not
executable, the offender will be punished with imprisonment which can be up to ten
years as tazir
2. Itlaf-i-Salahiyat-i-Udw
When someone destroys the power of any organ of the body of any other person
without causing his death is called iflaf-e-Salahiyat-Udw
Punishment: in this case, the offender will be punished with Qisas but where Qisas is not
executable, the offender will be punished with imprisonment which can be up to ten
years as tazir
3. Shajjah
When someone causes harm on the head or face of the any other person without causing
his death, which does not amount to itlaf-e-udw and itlaf-e-salahiyat-e-udw, is called
Shajjah
Following are the kinds of shajjah which is six provided in Pakistan Penal Code,
these are different types of injuries on head and face
1. Shajjah-e-Khafifa
When someone causes harm by weapon on the face or head of any other
person without exposing the bone of victim
2. Shajjah-e-Mudihah
When someone causes harm by weapon on the face or head of any other
person, but bone of the victim is exposed
3. Shajjah-e-Hashima
When someone causes harm by weapon on the face or head of any other
person, resulting in fracture of bone of the victim without dislocating it
4. Shjjah-e- Munaqillah
When someone causes harm by weapon on the face or head of any other
person, resulting in fracture of bone of the victim with dislocating it
5. Shajjah-e-Aima
When someone causes harm by weapon on the face or head of any other
person, resulting in fracture of the skull of the victim, where wound
touches the membrane of the brain
6. Shajjah-e-Damiyah
When someone causes harm by weapon on the face or head of any other
person, resulting in fracture of the skull of the victim, where wound
breaks the membrane of the brain
4. Jurh
When someone causes harm on the body of any other person other than head or face,
which leaves a temporary or permanent mark of the wound on the body, is called Jurh
Following are the kinds of Jurh
1) Jaifah
When someone causes injury on the body cavity of trunk of any other
person, is called Jaifa
2) Ghair Jaifah
When someone causes injury which does not comes under the category
of jaifa, is called Ghair Jaifah
Ghair Jaifah has more six kinds. Details are as under
a) Damiyah
In which the skin of the injured person is ruptured and bleeding occurs, is
called Damiyah
b) Badiah
In which the skin of the injured person is cut without exposing the bone
of the victim is called Badiah
c) Mutlahima
In which the skin of the injured person is scratched is called Mutlahima
d) Mudihah
In which the bone of the injured person is exposed is called Mudihah
e) Hashima
In which the bone of the injured person is fractured without dislocating,
is called Hashima
f) Munaqillah
In which the bone of the injured person is fractured as well as get
dislocate, is called Hashima
6) Preclude Remarks
Under Pakistan Penal Code, there are two major types of injuries, one of them is on
head or face and 2nd is injury on the body of the other person, There are under
P.P.C different punishments has been defined according to the nature of harm,
punishment under P.P.C can be imprisonment, fine or both. Accused can be
punished with Qisas as well as Under P.P.C as Tazir against his harm committed
against any other person
Q # 11: Define and differentiate between Qatl-e-Amd and
Qatl-e-
Shiba-e-Amd, along with their respective punishments.
1) Preface Fact
The major object of law is to protect the life of citizens of society from offenders. Qatl
means causing death of a person. It is the killing of human being by a human being. When
someone intentionally causing death of other person by using deadly weapons, after
knowing that his act is very dangerous and it can cause death, it is called Qatl-e-Amd. When
someone have intention to cause bodily injury to other by doing an act but injured person
died without mens reus, it is called Qatl-e-Shibe-Amd. Qatl can be lawful or unlawful, Lawful
Qatl have been divided into three categories. Accidental, justifiable and Excusable.
2) Meaning of Qatl
The word Qatl is an Arabic word which means “to Kill , to put death”
3) Definition of Qatl
Unlawful killing of one human being by another human being by an unlawful act
1. Qatl-e-Amd
When someone intentionally causing death of other person by using deadly weapons,
after knowing that his act is very dangerous and it can cause death, it is called Qatl-e-
Amd
2. Qatl-e-Shiba-Amd
When someone have intention to cause bodily injury to other by doing an act but
injured person died without mens reus, it is called Qatl-e-Shibe-Amd
Example
A attacks B, with a stick which cannot become cause of death of B. if B dies as a result
of such attack. A will be liable for Qatl-e-Shiba-e-Amd
3. Qatl-e-Khata
When someone caused death of a person either by mistake of act or by mistake of fact,
and have no intention to cause the death or cause harm of a person, is called Qatl-e-
Khata
Example
If A shoots a deer to hunt, but mistakenly bullet hits a person standing nearby deer
and person dies. A will be liable for Qatl-e-Khata
4. Qatl-e-Bis-Sabab
When someone caused death of a person without any intention to cause death or harm
to other, but accused does unlawful act which becomes a cause of death of other
person, it is called Qatl-e-bis-Sabad
1. As to intention
Qatl-e-Amd, accused intentionally caused the death of person
Qatl-e-Shiba-Amd, accused unintentionally caused the death of person
Qatl-e-Khata, accused unintentionally caused the death of person
Qatl-e-Bis-Sabab, accused unintentionally caused the death of person
2. As to Mens Rea
Qatl-e-Amd, Mens rea is an essential element in qatl-e-am which needs to be proved
by prosecutor
Qatl-e-Shiba-Amd, Mens rea is an essential element in qatl-e-shiba-amd which
needs to be proved by prosecutor
Qatl-e-Khata, No mens rea is required to be proved
Qatl-e-Bis-Sabab, No mens rea is required to be proved
3. As to Punishment of Qisas
Qatl-e-Amd, the punishment of Qisas is available for Qatl-e-amd
Qatl-e-Shiba-Amd, the punishment of Qisas is not available for for Qatl-e-Shiba-eamd
Qatl-e-Khata the punishment of Qisas is not available for Qatl-e-Khata
Qatl-e-Bis-Sabab, the punishment of Qisas is not available for Qatl-e-Bis-Sabab
4. As to Punishment of Diyat
Qatl-e-Amd, the punishment of Diyat is not available for Qatl-e-amd
Qatl-e-Shiba-Amd, the punishment of Diyat is available for Qatl-e-Shiba-e-amd
Qatl-e-Khata, the punishment of Diyat is available for Qatl-e-Khata
Qatl-e-Bis-Sabab, the punishment of Diyat is available for Qatl-e-Bis-Sabab
7) Preclude Remarks
Under Pakistan Penal Code, different kinds of punishments have been defined for different
kinds of Qatls by doing an unlawful act by offender. Law determines whether the act has
been committed intentionally or unintentionally, lawful or not, and committed by mistake
of fact or by mistake of act, after all determination, court decides the punishment for
accused in order to prevent the society from offender and commission of such act in future
Q # 12: Define theft and extortion? What are the
distinguishing
features between these two?
1) Preface Fact
Under Pakistan Penal Code, it has been defined that when a person obtains money,
property or other valuables thing from others by use of force, threat or violence, is called
extortion and it is a criminal act in the eye of law. Extortion is such crime which can take
place by telephone, via voice mail, text email or other computer or wireless communication.
If any method for extortion is used for unlawfully obtaining money or property, it can be a
federal crime. Extortion involves the consent of the victim but that consent is taken by
undue influence or by use of unfair means
2) Meaning of extortion
The word extortion is a Latin word which means” to get something by force or threats”
3) Definition of extortion
The practice of obtaining something specially money or other property from people by use
of force or threat is called extortion
4) Definition of theft
A criminal act in which property of another is stolen without the consent of the owner
5) Explanation of extortion
If A get pressurizes to B, to sign on a blank paper by putting him in fear of death or grievous
hurt, B signs and delivers the paper to A. And A converts the signed paper into valuable
security. A has committed extortion
1. Intention
Intention is an essential element of extortion. As we already are aware that if a person is
not guilty of any offence until his mind is also guilty. It means that to establish the offence
of extortion, guilty mind of accused has to be proved
2. Threat of injury
Threat of injury is an essential element of extortion. The threat of injury must be present
to deliver any property to accused and such injury can be in body, mind, reputation or
property.
1) Preface Fact
In Islamic law there are two kinds of punishments are given by Islamic law which is Hadd and
Tazir. Tazir refers to punishment for offences at the discretion of the judge. Hadd refers to
punishment for offenses as mentioned in Holy Quran and judge can’t change them. In Islamic
Law ,aim or objective of such kind of punishments is to reformation of criminal and disgracing
them
2) meaning of Hadd
Literal meaning of the Word HADD is limit
3) Definition of Hadd
Legally Hadd means those punishments whose limit has been defined in the Holy Quran and
Hadith
4) Meaning of Tazir
Literal meaing of the word Tazir is “ To Punish”
5) Definition of Tazir
Legally Tazir means those Punishments “where Judge is authorized to fix the nature of
punishment which may be fine, death, imprisonment, compensation etc against violation of
individual rights.
Proof of Zina
Offence should be proved by testimony of four eligible witnesses who
present evidence of actual penetration (Dakhool)
Or accused (Mulzim) must confess four times
Punishment of Zina
A. In case of Married
In case of married the punishment for zina is death by stoning
B. In case of Un-married
In case of non-married, the punishment is 100 lashes
2. Defamation
Any Person who is competent and adult whether male or female, slave or free,
falsely charges unlawful sexual intercourse without eyewitness is liable for Qadf.
Proof of Defamation
Offence should be proved by confession
Or testimony of two adult male free Muslims
Punishment of Defamation
Punishment for Qadf is 80 stripes for free person
And 40 stripes for slave
3. Drinking of Wine
Muslims are not allowed to drink wine because it will be considered a sin to
have a beer whatever the quantity and this is punishable act
4. Theft
This is the action or crime of stealing.
If offender takes something from custody of safe place
By stealing property with the value of ¼ dinar according to majority.
He should be punished for theft by Hadd
Punishment
Cutting of right hand from joint of wrist if theft is committed first time
5. Robbery
The taking of money or goods from the possession of another by force
It may be robbery from travellers who are far away from home
It may be armed entrance into a private home
Punishment
Death by beheading (Sar Qalam Krna)
Cutting off hands or foot
Life Imprisonment
6. Apostasy
Act of converting to another religion, by a person who was born in
a Muslim family or who had previously accepted Islam after awareness of
penalty which is death for men and physical punishment for women
7. Rebellion
Rebellion is an act of armed resistance against state and it also comes into the
Hadd ,
its punishment is death or life imprisonment
1. As to Object
The object is hadd is prevention of a crime by following the principles laid down in the
Quran and limits prescribed by ALLAH
The object of Tazir is reformation and correction of the offender
2. As to procedure
The procedure of trial in Hadd is complicated
The procedure of trial in Tazir is Simple, according to some jurists, Judge can judgment on
basis of his own knowledge
3. As to Right
Violation of rights of ALLAH gives raise to Hadood Punishments
Violation of rights of Individual gives raise to Tazir Punishments
4. Change of Sentence
The penalty of Hadd can’t be commuted
The penalty of Tazir can be commuted
5. Pardon of Sentence
Pardon can’t be granted in Hadood cases
Pardon may be granted in Tazir cases
6. Operation of Mistake
Doubt or mistake can effect the penalty of Hadood cases
Doubt or mistake can’t effect the penalty of Tazir cases
7. Rule of testimony
The evidence of women is not acceptable in Hadood Cases
The evidence of women is acceptable in Tazir cases, but the nisab of one man and two
women will have to keep in view
8. Standard of evidence
In hadood ,the standard of evidence is so high as to number, qualification and conditions
of witness because any doubt can prevent the implementation of hadd punishment
In Tazir,Standard of evidence is not so high
9. Mention of Offences
Some jurists listed seven hadd offences.
1. Murder
2. Apostasy from Islam
3. Robbery
4. Theft
5. Adultery
6. Defamation
7. Rebellion
8. Alcohol drinking
Tazir offences has not been mentioned because they are innumerable (Angint)
10. As to discretion
In Hadood crimes ,judge can’t exercise his discretion(Raye/Sawabaydeed)
In Tazir crimes, Judge can exercise his discretion
11. Replacement
Hadd punishment can be dealt with under Tazir
In Tazir the punishment of Hadood can’t be enforced
8) Preclude Remarks
Punishment for Hadd and Tazir is part of Islamic law. Hadd was implemented in Arabic before
promulgation (Ishaat) of Islam as Tazir in Pakistan. Islamic law does have separate courts for
Muslims for RELIGIOUS CRIMES. Non-religious courts for other criminal and civil matter.
Objective of Islamic law and courts to secure the people of society from offenders
Q # 14: What is Qazf? When it is liable to Hadd and when to
tazir
and how it is proved?
1) Preface Fact
1. Qazf is a criminal violation of rights of others. It is an intentional false accusation of unlawful
sexual intercourse. The Holy Quran has preserved the reputation of each and every person
and if accusation proved false, in this case there is a severe punishment for offender. If a
person has been falsely accused for Zina by other person, he will sue him and will receive
damages from him through the court of law and such person will be punished under Hadd
or Tazir offence ordinance. Qazf directly effects the persons’ reputation in the eye of the
society. One saying related to it” When wealth is lost, nothing is lost; when health is lost,
something is lost; when character is lost, all is lost”
2) Meaning of Qazf
The literal meaning of qazf is “throwing out”
3) Definition of Qazf
When someone falsely makes an allegation of zina to other person either by words or written
with the intention to harm the reputation of such person is called Qazf
5) Kinds of Qazf
Following are the two kinds of Qazf
1) Qazf liable to Hadd
2) Qazf liable to Tazir
6) Objectives of Punishment
Following are the objectives of the punishment
1) The major objective of the punishment is the protection of the life from offender
2) Second objective of the punishment is the protection of the property of the people
3) Another objective of the punishment is the protection of the state and country
4) Theory of punishment aim is the maintenance of the peace and equality
5) Protection of the culture and morality
6) Most important objective is protection of rights and liberties of the people
7) The biggest aim of punishment is to disgrace the crimes and criminal activities
8) To prevent the other members of the community from repeating of crimes
7) Preclude Remarks
Qazf is a false allegation of Zina against a person who never having sexual intercourse except his
lawfully wedded spouse, after proving the statement false, according to Islamic injunctions,
slanderer will be punished under an ordinance of Hudood case 1979. Qazf basically is attack on
reputation of person and such attach decreases the person’s reputation in the eye of society, it
is severe criminal act against which different injunction have been given in Quran and Sunnah
for the protection of innocent people from such slanderers
Q # 15: Discuss Diyat & Qisas? Explain its kinds and
punishment
under PPC.
1) Preface Fact
Under hudood law, there are certain kind of punishments which has been described in
Islamic injunctions. Diyat is basically a financial pressure which is imposed on offender
against his offence in which offender has to pay an amount to victim or his heir against his
loss. Qisas is such punishment in which offender is given the same injury as he has caused to
victim or offender is given death punishment if offender has committed qatl-e-Amd by his
heirs. There is a very little difference between diyat and qisas, as Diyat is a compensatory
punishment which is in shape of money, and Qisas is a corporeal punishment which is based
on revenge such as “an eye for eye, finger for finger, and life for life etc
2) Definition of Diyat
DIyat is financial compensation which is paid to victim or heir of victim in the cases of
murder, bodily harm, or property damage.
3) Meaning of Qisas
Qisas is an Arabic term which means “to act like the act of another”
4) Definition of Qisas
Qisas is punishment by causing similar hurt at same part of the body of the offender as he
has caused to the victim or by causing his death if the has committed qatl-i-amd in exercise
of the right of heir of the victim.
5) Value of Diyat
The court will fix the value of diyat, keeping in view the injunctions of the Holy Quran and
sunnah as well as keeping in view the financial position of offender and victim, which will
not be less than the value of thirty thousand six hundred and thirty grams silver. And
amount shall be revised by the federal government on the 1st july of fiscal year.
2) General principle
This principle based on the fact that alone actus reus and mens rea cannot create liability
because actus rea is “guilty act” and mens rea is “guilty mind”, so there should be existence
of both actus reus and mens rea to make offender liable
For example
, A since two months is carrying mens rea for killing B. One day A was driving
car fast. The car of A hits a person. But A does not know at that time it was B because his
back was towards A.Here this is actus reus but not mens rea. Though A has been carrying
mens rea for B since two months but when A car hits B such as at the time of occurrence
there was no mens rea but only actus reus, so A will not be liable for murder but will be
liable for killing recklessness
1. Intention
Intention is an essential element to commit an offence. Because offender knows that due
to his commission of a certain act a specific result will occur. That’s why, severe
punishments have been attached with the crimes which is committed intentionally
because offender knows that a specific result will occur
2. Recklessness (Ghaflat)
Recklessness is an essential element to commit an offence. Because offender knows the
subsequent risks which will be occurred after the commission of a certain act but offender
knowingly ignores them and takes the risks. That’s why severe punishments have been
attached with the crimes
3. Negligence
Negligence is an essential element to commit an offence. Negligence means when
someone fails to give enough care for doing something that he was responsible for, is
called negligence, if the offender was aware the risk and decided to take it, he was
reckless if he was unaware of the risk but he must be aware of it, he was negligent, under
the Pakistan penal code reckless man will liable and the negligent will not be liable.
4. Strict liability
Strict liability is an essential element to make offender liable. Strict liability is the case
where mens rea is not required. Offender will be held responsible for the criminal offence
at the same time when he committed that illegal act. They are not severe offence and
have not severe punishments
1. Conduct
The conduct is major element of any actus reus. Such conduct can be consists of some
acts. If the Conduct is voluntary act, in this case severe punishments have been attached
with the crimes which has been committed voluntary because offender knows that a
specific result will occur
If an offender conducting an act under a strong pressure or involuntary for example he is
being threaten that he will be killed if he does not commit a certain act, so in this case, he
will not be liable for crime
2. Omission
The omission is also an element of any actus reus. Omission is basically a failure to do
something; according to this a person can be liable for a crime when he does not perform
his duty positively as decided.
For example, a person who has been hired on beach for saving the life of people and he is
under duty but if before him a four foot tall child drown in five food deep pool, and he is
not saving him from drowning , he is committing the crime by omission, and under the law
he will be considered criminal
3. Result
The result is also an element of any actus reus because it is relate to the result of the act
or omission of the offender. It is possible that the conduct may not be criminal but the
result of the conduct can be criminal,
For example, it is not a crime to throw a stone, but if it hits a person or breaks a window in
this situation it would be considered as criminal act and offender will be liable for
punishment under the law
2) Meaning of Crime
Crime means ,every offence which is punishable by law
3) Definition of crime
Crime is an act which violates the public rights which have been legally recognized by the
state and are punishable under the law
4) Meaning of tort
The word tort has been derived from Latin word “Tortum” which means “to conduct”
5) Definition of Tort
A tort is an act which injures someone in some way and after getting injury the injured
person can take legal action against wrong doer for recovery of damages
1. As to parties
In law of tort, parties are known as plaintiff and defendant
In criminal law, parties are knows as state and accused
2. As to punishment
In tort, tortfeasor has to pay damages
In criminal law, criminal are sent to prison
3. As to procedure
In tort, proceedings are regulated by civil procedure
In criminal law, proceedings are regulated by criminal procedure
4. As to intention
Intention is not relevant in tortious act
Intention is the crux of the case in criminal act
5. As to defense
Necessity is a defense in tortious act
Necessity is not a defense in criminal act
6. As to compromise
In tort, compromise is permissible
In criminal law, compromise is not permissible
7. As to prosecution
In law of tort, legal action is taken by injured person
In criminal act, legal action is taken by state
8. As to codification
Law of tort is not codified
Criminal law is codified in Pakistan penal code
9. As to position of minor
In tort, minor is liable for tortious act
In criminal act, minor is not liable for criminal act who is under seven year
1. Human being
The first and most important essential of a crime is that the act must be committed by a
human being who:
Is being capable to commit a crime
Has attained the age of majority
Is not lunatic
Section 11 of PPC provide that the word person includes a company or association or a
body of a person whether corporated or not
2. Mens rea
The second important essential of a crime is mens rea or mental intention. There is no
liability of a crime upon accused until he has no mental intention to commit a crime.
Even in strict or absolute liability some mental elements are required. That’s why mens
rea is a basic principle to held liable under the Pakistan penal code
Mens rea is the Latin term which is used to describe a mental intension of the criminal
for the commission of unlawful act. In order to establish liability the lawyers will have to
prove the mental intention of the criminal behind the unlawful act. Qatal-e- Amd is a
situation of mens rea in his nature
3. Actus reus
The third important essential of a crime is actus reus. Unlawful commission or omission
is actus reus which is a physical practice of the accused. It is said that actus reus has its
roots in mens rea mean once an accused decides to commit or omit something wrong
which is his mental intention , while the actus reus is the reaction of his mental
intention.
Actus reus is the Latin term which is used to describe a physical activity that harms
another. In order to establish liability the lawyers will have to prove that the criminal
was responsible for the act
4. Injury
The basis essential of a crime is an injury which show that there has been a crime
committed against which injury made, there are several types of injury such as mental
torture, loss of safety, reputation hurting or property loss as well as violation of private
and public rights also are caused by tortious act. Injury includes all loses which produces
after the commission or omission of a criminal act.
1) Preface Fact
The most common functions of a state are two, war and administration of justice and
administration of justice classified into two parts ,civil justice and criminal justice. The
purpose of the criminal justice is to punish the wrong doer who is punished by the state.
Purpose of punishment is to make men better or protection of the society. With the passage
of time, various theories for punishments have been given by different jurists
2) Definition of punishment
Punishment is a method of protecting the society from criminal by reducing the occurrence
of criminal acts
3) Definition of crime
Crime is an act which violates the public rights which have been legally recognized by the
state and are punishable under the law
5) Theories of punishment
There are certain theories behind the concept of punishment
Criticism
There is a lot of criticism on the deterrent theory of punishment in modern time
A) To harsh punishment creates the sympathy in the hearts of people for
offender
B) To harsh punishment makes the offender more cruel instead of accept the
fear of law
C) Harsh punishments lose its fear once the criminal is punished
2. Preventive theory
According to this theory of punishment, purpose of this theory is prevention of the
people from crimes which is only possible by disabling the offender by imposition of
different kinds of punishment such as imprisonment, death, deportee, disables the
physical power of offender to commit the offence again
According to this theory all criminals should be imprisoned and kept far away from the
normal society without any connection to it. By using this method, the society will be
protected from the criminals.
Example
An example of the preventive punishment is the cancellation of the driving license
of a driver
Criticism
There is a lot of criticism on the preventive theory of punishment in modern time
A) When offender puts in jail, it breeds (Nasal) more crimes
B) For a long time keeping him in a jail with habitual offenders, it makes him
more cruel
3. Reformative theory
According to this theory of punishment, the purpose of punishment is reformation
of the offender, even if offender commits a crime ,
He must be educated and taught some industrial arts during the period of
imprisonment so that he may be able to start his life after his release from jail
Criticism
There is a lot of criticism on the deterrent theory of punishment in modern time
If a criminal to be sent in jail for transformation into a good citizens, in this case, the
will become a comfortable place for criminal. This kind of behavior with the
criminals will be helping the criminal to commit more crimes in future because they
know that in prison they will not be punished
Criticism
There is a lot of criticism on the deterrent theory of punishment in modern time
Critics points out that the retributive punishment is not a judicial remedy for the
crimes committed by the offender but retributive punishment in itself abolishes the
value of judicial proceedings and people start believe on revenge which leaves a bad
influence on the minds of people
5. Compensatory theory
According to this theory of punishment, the purpose of punishment is to
compensate the victim which creates a financial pressure upon an offender who
violates the rights of the people of the society
If a victim may lose his property by the offender in this case, according to this theory
the offender will be liable to return the property to his real owner
Criticism
There is a lot of criticism on compensatory theory of punishment.
A) If offence is performed by a poor offender it is not possible that
compensation may be taken
B) If an offender is a rich person so the payment for compensation may be not
punishment for him
7. Utilitarian theory
The utilitarian theory does not support any particular theory
But it is purely based on Penal measures and followers of this theory believe that
punishment is a method for reducing crimes ,no matter which kind of punishment is
give
Followers of this theory say that the aim of punishment is to achieve good concerns
for this each and every kind of punishment should be given
6) Types of crimes in Pakistan
Following are the types of crime in Pakistan which are punishable under the Pakistan penal code
1) Murder
2) Rape
3) Robbery
4) Theft
5) Undue influence
6) Corruption
7) Cyber crime
8) Human trafficking
9) Attempt to suicide
7) Objectives of Punishment
Following are the objectives of the punishment
1) The major objective of the punishment is the protection of the life from offender
2) Second objective of the punishment is the protection of the property of the people
3) Another objective of the punishment is the protection of the state and country
4) Theory of punishment aim is the maintenance of the peace and equality
5) Protection of the culture and morality
6) Most important objective is protection of rights and liberties of the people
7) The biggest aim of punishment is to disgrace the crimes and criminal activities
8) To prevent the other members of the community from repeating of crimes
8) Preclude Remarks
The perfect system of criminal justice cannot be based upon any one theory of punishment
because each and every theory has its own merits and all efforts are being put in order to
gain good results against criminals. The deterrent aspect of punishment must not be ignored
as well as reformative theory must be given its due place. The purpose of the criminal
justice is prevent society from repetition of crimes by offender and there are a lot of
methods to keep offender away from committing crimes again
Q # 04: Strict and vicarious liabilities are two different
criminal liabilities.
How they differ with each other?
1) Preface Fact
As a matter of justice, one who commits wrong is a wrong doer and he will be held
responsible for that wrong. Strict Liability is absolute legal responsibility for an injury that
can be imposed upon a wrongdoer without his mental intention towards his tortious or
criminal act and makes him liable to pay compensation for damage. There are some
circumstances where one is held responsible for the wrongs done by the others. And this
rule is called vicarious liability (indirect) liability. There are a lot of factor, a court will
determine whether or not the act was dangerous in which wrong doer was involved
2) Meaning of liability
An action for which someone is legally responsible is called liability
1. As to intention
In strict liability, mens rea is not required
In vicarious liability, mens rea is required
2. As to liability
In strict liability, person who commits wrong is considered liable for his commit
In vicarious liability, person is considered as criminal who directly not commit the
wrong
3. As to proof
In strict liability, it is difficult to proof intention of the wrong doer
In vicarious liability, it is not difficult to proof the intention of the wrong doer
4. As to defense
In strict liability, there are a lot of defenses
In vicarious liability, there are no defenses
5. As to origin
Strict liability has been imposed firstly in 19th century
Vicarious liability is being imposed long ago
6. As to wrong doer
In strict liability, wrong doer may be responsible
In vicarious liability, wrong doer may not be held responsible
1. Ratification (Approval)
Under the law of tort a person will be held responsible for the wrongs committed by other.
Following are the three ways which may allow the court to hold responsible to a person who
directly did not commit the wrong
1) When a person gives approval to do particular act with the full knowledge
that it is tortious
2) When a person gives approval to do particular act even knowing that by
doing particular act, responsibility surely will arise against that person
3) When a person to do particular act on the behalf of his employer
In the ratification, the relationship is a necessary element between the two or more persons
3. Relationship
There should be relationship between the wrong doer and the person who gave the order.
Relationship is the bigger and essential element to hold vicarious liability. Relationship may
be of Master-Servant, Principle-Agent etc.
Following are the kinds of relations between the persos. Details are as under
i. Animal
A person who is possessor of an animal and the possessor will be held responsible if animal
harms the people and if animal destroys the fields of the farmers because all of
responsibilities go to his possessor that keep the animal away from others
1. Preface
2. RELEVANT PROVISIONS
3. CROSS REFERNCE
a) If an unlawful assembly or
Force, or
Violence
c) In prosecution of the common object of such assembly
It is called rioting.
5. EXPLANATION
6. ILLUSTRATIONS
Violence created by riots in Hazara against protest for change in name of province
Fine, or
Both
a) Cognizable
b) Bailable
d) Triable by magistrate
8. RIOTING ARMED WITH DEADLY WEAPONS U/S 148
Fine, or
Both
11. EXPLANATION
12. ILLUSTRATIONS
A & B are fighting at road and disturbing public peace.
Both
a) Non Cognizable
b) Bailable
c) Non compoundable
d) Triable by magistrate
In Rioting there must be unlawful assembly. Whereas in affray there is no such requirement.
2. DEPENDENCE OF OFFENCE
3. VOILENCE
Rioting involves creation of violence whereas affray does not involves violence.
4. NUMBER OF PERSONS
Rioting must be committed by 5 or more persons. In affray two persons are sufficient to
commit offence.
5. COMMON OBJECT
In rioting object should be common whereas in affray common object not required
6. GATHERING OF PEOPLE
In rioting there must be a gathering of people. Whereas in affray gathering for some specific
purpose not required.
7. SPECIFICATION OF PURPOSE
In rioting use of force must be for a specific purpose as mentioned in Sec. 141 whereas in
affray no such purpose is restricted.
8. ELEMENT OF FIGHT
9. PUBLIC PLACE
Rioting can be committed anywhere whereas affray must be committed at public place.
11. PUNISHMENT
Rioting is punishable with imprisonment upto 2 years or fine or both. Whereas in affray
punishment is imprisonment of 1 month or fine or both.
In rioting amount of fine is not mentioned whereas in affray amount of fine is Rs, 300/-
13. DEADLY WEAPON
If rioting committed with deadly weapon it is punished with imprisonment upto 3 years. No
such provision is available for affray.
14. COGNIZANCE
15. COMPOUNDABLE
لیکچرار :مــبشراقبال
ایڈووکیٹ ھائی کورٹ
LL.B, LL.M, MSC, Dipl Communication Skills