CRIMINAL LAWS

Question No. 1. What do you know about parole and

probation also distinguished them.

Answer: Introduction: Probation and Parole,Both

the terms are used in the sense of releasing the offender
on justified grounds. Probation is granted at the trail
stage by the judge and itmay be in lieu of jail time, The
judge will specify restrictions on the offender’s activities
during the probationary period and will appoint
probation officer whereas parole is a conditional early
release of prisoner from prison before fulfill the sentence
awarded.

MEANING OF PROBATION AND PAROLE.

Probation: means before imposing criminal sentence
that, subject to state conditions, releases a
convictedperson into the community instead of sending
the criminal to jail at the trial stage. It allows the
convicted person to live in the community for the
specified period of time under the supervision of
probation officer depending on the circumstances and
seriousness of the crime, the judge can specify
restrictions on the offender’s activities during the
probation period, if an offender violates the conditions
he/she may be sent back to jail.

Considerable points on release on probation:

1-Age of the offender, as well as not have been involved
in any hardened offence.
2-kind of sentence to be awarded ( not such offence in
which punishment is life imprisonment or death
sentence.)
3-Be a first offender(neather a history sheet nor record
holder.)
4-women.
5- Offender not involved in sexual offences, and house
breaking or offences of death sentences.
6-Attitude of the offender during trail
7-Such a crime against men’s rea is not involved.
8-Crime against property
9-Whether a deprived person or not.
10-Belongs to a very respectable family back ground, like
religious or political.
11-Not to involve in any ethical crime like dacoits,
robbery, or its members etc.

Object of probation:
1- Convict must recover his attitude by liberty as
extraordinary concession to him.
2- Ultimate reestablishment of the offender in the
community.
3- Promoting obligation of law or supremacy of law.
4- To stop the conversion of youthful offenders into
stubborn criminals.
1- Probation is only once granted in a whole life.

Parole:The release of prisoner from imprisonment

before the full sentence has been served. Parole is the
early release of a prisoner who has served part of
sentence. Prisoner is allowed to return conditionally in
the supervision of a parole agent.
Points considered by Parole board before
granting parole. Following points are considered by
parole Board before releasing as offender on parole.
1-Whether the convict had profited by his stay in the
institution.
2-Whether he was so reformed that he was unlikely to
commit another offence.
3-What his behavior was in the prison.
4-Whether any suitable employment awaits him on
release.
5-Whether he had a home or other place to go and
whether he told the truth when he was questioned by
the parole board.
6-How serious his crime was and in what circumstances it
was committed and his appearance when interviewed by
the board.

Object of parole.
1-Release of convict on proper time from prison
according to the law.
2-Parole should be given more and more.
3-Released convicts must not commit new crime and
repeat the same.
4-Convict should not be involved in violence cases. And
the parole board decision should be appreciated.

Difference between probation and parole.

1-Probation is granted at the time of trial, whereas
Parole is granted to a prisoner during the imprisonment.
2-Here the offender is not imprisonment, whereas in
parole, during imprisonment the prisoner applies for
parole.
3-Probation is supervised by probation officer whereas
parole is supervised by the parole officer.
4-The Judge of the court has the authority to grant
probation during trail, whereas the decision to grant a
person parole is made be a parole board.
5-Probation is always granted to first time offender,
whereas here is considered only good behavior of the
offender.
6-Probation may be granted for a specific period whereas
in parole there is no specific duration, it may last (end)
with the original date of imprisonments.
7-Probation is a conditional release of an under-trail
accused by the court, whereas parole is a conditional
release of a convicted person into society by parole
board.

Question: 2 Define juvenile Delinquency? Discuss

the different causes of Juvenile delinquency in
Pakistan ?
Ans: Introduction: Juvenile delinquency refers to
criminal acts performed by Juveniles. Most legal systems
prescribe specific procedures for dealing with juveniles,
such as juvenile detention center, etc. Famous nations
believe that “ Save youth of today from becoming the
criminals of tomorrow”
Meanings:
(a) Juvenile. A person who has not reached the age at
which one should be treated as an adult by the
criminal justice system.
(b) Juvenile Delinquency. Antisocial behavior by a
minor-i-e especially behavior of familiesare not
provided with proper facilitation because of which
they think inferior and becomes delinquent. Like
Poverty, Unemployment, Les resource and Black
marketing, etc.
(c) Legal definition: Only those juveniles who after
arrest by police, after due process of law are
officially labeled by the courts as delinquents having
been convicted of an offence are known as juvenile
delinquents which creating juvenile delinquency.

(d)Basic Causes of juvenile Delinquency in

Pakistan.(i) Customary Causes:
First of all the causes which attracts the juveniles to
commit crimes are the customary or traditional
causes. By custom or tradition we mean those
causes which are customary or traditional causes.
By custom or tradition we mean those causes which
are customarily or traditionally inherent in our
society.
i-e” Zun, Zur, and Zameen” or we can say money
grab, property, etc.
(ii) Sociological Causes: The social structure of our
society also provides grounds for the juveniles to
commit crimes or lures (enticed) them to such life
where they act offensively.
(iii) Mental Causes: Mental causes are also a big
reason of juvenile’s crime. Here through many
mediums they get the encouragement to commit
crime or they are motivated by such sources to
commit crime as brain is the main focal organ in
human body. i-e Neurotic,Durg addict, Tv, cable,
Internet, and pornography, etc.
(IV) Economic Causes: The most important cause of
juvenile delinquency is economic causes. It is
because the poverty and hunger compels a human
being to commit crime, particularly in Pakistan.
Because our country has a weak economy which is
the basic cause of poverty in the country, also the
difference between rich and poor isso huge and that
rich people are getting more rich day by day and
poor are getting worse. In this situation juveniles
are ignored by their families and are not provided
with proper facilitation because of it they think
inferior and become delinquent.
(v)Family causes. Like other causes the family causes
are too of much importance because if the family of
juvenile is happy and settle he will never commit a crime
but if there is something wrong with his family or family
structure it will lead him to involve himself in unlawful
activities. For example; broken families, step mother/
father brothers/sisters Divorced/widow irritant parents
and deprivation, etc.
(Vi) Moral Neglect: Now a days the moral neglect is also
a reason of juvenile crimes, because juvenile hasn’t had
the proper education of moral values which they should
have, results in crimes and wrong use of their potential.
(vii)Neglect of Religion: As the religion is the source of
revolution in the human life and society. The juveniles of
today seems to be unaware of their religion which paves
their way tobad life.
(e)Ways for Prevention of Juveniles
Delinquency.Delinquency Prevention is the broad term
for all efforts aimed at preventing youth from becoming
involved in criminal or other antisocial activities,
Prevention services include the followings.
(a) Family Counseling:Society should place a high priority
on the needs and well-being of the family and of all its
members. Since the family is the central unit responsible
for the primary socialization of children, governmental
and social efforts to preserve the integrity of the family,
including the extended family should be pursued. The
society has a responsibility to assist the family in
providing care a d protection and in ensuring the physical
and mental well-being of children.
(b)Basic Educational Programs for Parents & juveniles.
The Government is under an obligation to make public
education accessible to all young persons. The education
programs must inform parents on how to raise healthy
children and also teach children about the effects of
drugs, gangs, sex, and weapons. The basic education
programs must provide youths with the awareness that
their actions have consequences. This is particularly
important in an era (specified period or time )where
youth are barraged (barear or stopage) with sexual and
violent images.
(c)Community Based Services: Community based
services and program which respond to the special
needs, problems, interests and concerns of young
persons and which offer appropriate counseling and
guidance to young person and their families should be
developed or strengthened where they exist.
(d)Mass Media. The mass media should be encouraged
to ensure that young persons have access to information
and material from a diversity (different)of national and
international sources. The mass media generally and the
television and film media in particular, should be
encouraged to minimize the level of pornography, drugs
and violence portrayed and to display violence and
exploitation disfavor able, as well as to avoid demeaning
and degrading presentations especially of children
women and interpersonal relations and to promote
egalitarian(equality) principles and roles.
(e)Community Involvement: Girl scouts, boy scouts,
religious youth groups, and volunteer groups all involve
youth within a community, Involvement in community
groups provide youth with an opportunity to interact in a
safe social environment and which also will be helpful in
reducing juvenile delinquency.
(f)Youth Mentoring (guide):
The youth mentoring must be promoted in the society.
As many juvenile lack mentors(without guidance) in their
daily life, because of which they involve themselves in a
situation which leads them towards an unlawful act. If
the youth mentoring is properly carried out by the parent
teachers or guardians it will help in avoiding many
possible crimes which juveniles commit due to lack of
information and experienced.
(g)Educational Support: Many young people engage
themselves in crime due to non-availability of
educational facility. This is because their parents are not
in positionto support them. Here the Government or
local bodies must launch educational programs which
support such juveniles, which will keep them away from
becoming the offenders of tomorrow.
(h)Youth Sheltering: Youth sheltering is used in two
meanings one is that to provide protection to those
children who are homeless having no parents alive and
relative denies to accept them. Secondlyto provide
shelter to those children who run away from their home
due to any social reason as the case may be. If these
young people or juveniles are protected by Government
and they are provided shelter with food and basic
education, plus arrangements of return to their homes. It
will certainly help in prevention of crimes as homeless
children will be kept away from the Hands of bad people
or environment.
(i)Parent child interaction Training program: Now a days
parent-child interaction programs are launched in west
which helps in developing strong relation between
parents and child. This program takes parents and
children approximately 12 weeks to complete. It is
designed to teach parenting skills to parents of children
age’s the program places parents and children in
interactive situations. A therapist guides the
parents,educating them on how best to respond to their
child’sbehavior, whether positive or negative. The
program has been shown to reduce
hyperactivity(tezraftari)attention
deficit(deficiency) aggression&anxious(worried)
behavior in children. Such program should be introduced
in Pakistan too to avoid juvenile crimes.
(j) Juvenile Delinquents Treatment in Pakistan: in
Pakistan the prisons Act,1894 authorize the local
government to frame “Prison Rules” (reshaped as
PPR1978) to deal with preliminary matters, classes of
inmates, age wise classification in confinement, general
treatment dietary, health, daily routines, prison labour,
physical wellbeing of the prisoners and matters relating
to staff. Juvenile delinquents are treated the same way
as their counterpart’s adults under these urles. Any child
convicted for three months or less or who was not”FIT”
for Borstal institution or reformatory school is kept in
regular jail with adults.
(k) Juvenile justice system Ordinance,2000: A court is
established under section 4 of juvenile justice system
ordinance 2000, J courts have exclusive jurisdiction to try
cases in which a child is accused of commission of an
offence, Juvenile offenders have always received a
different type of treatment from criminal law system.
This difference is because of the abvious reason that
persons of young age do not possess the sufficient
maturity t understand the nature and consequences of
their acts. So it will be unjust to deal with them in the
same manner, divided young people into three
categories
(i) Infant,
(ii) Pre-Pubescent (pre adult)
(iii)Adolescent(minor)
Established increased penalties in that order.
(L) Disposal of Cases:
(a) Neglected Juveniles, Neglected Juveniles may be
sent to care or welfare homes such as Edhi Centers or
other institutions by local authority.
(b) Delinquent Juveniles: Delinquent juveniles may be
dealt in a slightest manner to advice them and extreme
action may be an order of custody in Borstal school or to
release on probation.
Question: Distinguish between blue and white collar
crime. Is there any system or control of these crimes in
Pakistan.
Ans: White collar crimes. White collar crimes typically
refer to a type of crime committed by business men,
entrepreneurs(NAZIM, MUNTAZIM ) public officials, and
professionals through deception, as opposed to street
crimes which tend to involve force and violence e.g
embezzlement (misappropriation) bribery, extortion,
fraud, price fixing and computer fraud etc. White collar
crime means “ Nonviolent crime usually involving
cheating or dishonesty in commercial matters”.
Definition of white collar crimes:A crime
committed by a person of responsibility enjoying
respectability and high social status in the course of
his/her occupation. OR
An illegal act or series of illegal acts committed by non-
physical means and by concealment or guilt to obtain
money or property to avoid the payment or loss of
money or to obtain personal or business advantages.
Growth of white collar crime. White collar crimes
initially got growth from;
(i) Industrial Revolution.
(ii) Advancement of science and technology.
 (iii) Two world wars.
Types of white collar crimes:
(a)Bribery (Corruption) When money, goods, services,
information or anything else of value is offered with
intent to influence the actions, opinions, or decisions of
the taker. The person may be charged with bribery
whether that person offers the bribe or accept it. It
includes voluntary gifts or with a corrupt intent to
influence the action of a public official or any person
involved with the administration of public office.
(b)Blackmail. A demand for money or other
consideration under threat to do bodily harm, to injure
property, to accuse of a crime, or to expose secrets are
included in definition of blackmail which is a type of
white collar crime.
(c)Extortion. Extortion occurs when one person illegally
obtains property from another by actual or threatened
force, fear, or violence or under cover of official right.
Extortion is also demand for an illegal gifts or fee in
return for influencing official action. It is the unlawful
taking of money by public officialas well as private
person through the use of force.
(d) Forgery. When a person passes a false or worthless
instrument such as a check or counterfeit valuable
security with the intent to defraud or injure the recipient
is forgery and it falls within the ambit of white collar
crime.
(e) Conspiracy. Conspiracy is an agreement between two
or more persons to commit a criminal act or to use illegal
means to commit a legal act. It may involve a crime of
kidnapping and abduction etc.
(f) Computer fraud or Cyber Crimes. Where computer
hackers steal information sources contained on
computers such as bank information, credit cards, and
proprietary information are known as computer fraud or
cyber crimes involving white collar criminals.
(g) Counterfeiting. Counterfeiting occurs when someone
copies or makes imitates an item without having been
authorized to do so and passes the copy off as genuine or
original item, with intent to deceive its consumer or user
pretending it as genuine or original for grabbing
consideration/money or undue fever.
(h)Money Laundering. Investment or transfer of money
from racketeering, drug transactions or other
embezzlement schemes so that it appears that its original
source either cannot be traced or is legitimate, Here the
criminal tends to convert their black money into legal
money through laundering.
(i) Environmental Schemes.The over billing and
fraudulent practices exercised by corporations which
purport to clean up the environment are also a type of
white collar crime.
(j) Health care fraud. Where an unlicensed health care
provider provides exercised by corporations which
purport to clean up the environment are also a type of
white collar crime.
(k) Investment Schemes. Where an unsuspecting victim
is contacted by the actor who promises to provide a large
return on a small investment which they usually does not
do or often they traps victim is clearly one of the kind of
white collar crimes.
(L) Larceny/Theft. When a person wrongfully takes
another person’s money or property with the intent to
misappropriate, convert or steal it is larceny and falls
within white collar crime.
(m) Tax Evasion.When a person commits fraud in filing
returns or paying taxes he commits tax evasion which is a
(n) Telemarketing Fraud. Actors/accused operate out of
boiler rooms and place telephone calls to residences and
corporations where the actor requests a donation to an
alleged charitable organization or where the actor
requests money up front or a credit card number up
front, and does not use the donation for the stated
purpose.
White Collar crimes in Pakistan.
(i) Business, trade, commerce and industry crime.
(ii) Food and Drug, adulteration, (Milawat).
(iii) Violation of Taxation Laws.
(iv) Corruption in Government and Politics.
(v) Crime in Medical profession.
(vi) Crime committed by Lawyers.
The Causes of White Collar Crime.
(a) Living Beyond Means. Misappropriation oftenly
has been observed that white collar crimes occurs
 due to living beyond means by the commiter, as
they try to grab more resources against less efforts
(b) Economic Survival Plea. Low paid officials,
functionaries working under administrative
authorities or decision making agencies convicted
of white collar crimes typically work in lower
echelon(level) Position and their acts seem
motivated more out of economic survival they
take plea to commit white collar crime to fulfill
their desires.
(c) Justification and Rationalization. Offenders feel
free to engage in such an unseen crime because
they can easily rationalize its effects and justify its
continuance. Like some corruption mafia fell
justified in committing white collar crimes.
(d) Becoming Rich in no time. In many peoples mind
a dream exists through which they want to
become rich as night passed, for this they commit
all sorts of illegal acts which will pave their way
and fall in crime of white collar.
(e) Excessive Demands. According to corporate
culture theory, some business enterprises cause
crime by placing excessive demands on employees
 while at the same time maintaining a business
climate tolerant of employee deviance(deviating
from what is normal)
(f) Quick Benefit. Motives that produce white collar
are the same as those that produce any other
criminal behavior. “The desire for relatively quick,
relatively certain benefit with minimal effort” is
one of the causes of white collar crime.
(g) Uneven Deals. Generally the man in the street
and specially the businessman may find
themselves in a situation where their organization
stated goals cannot be achieved through
conventional business practices. Here they use
uneven deals which includes the bribes offers or
when inside trading increase profits, the
investment banker leaps(Jump) at the chance to
engage in it.

Measures for Prevention of white collar Crime.

(a) Check and Balance.For the better control it is
necessary that there may be a healthy system of
check and balance in every department whether
Government or civil department. As it would help
in monitoring the activities of an individual and
will confine him to his limits. Whenever the
individual will exceeds his limits the system of
check and balance will identify his breach.
(b) Strong Internal Controls. Strong internal controls
reviewed by competent and independent external
auditors should be adopted. Strong internal
controls and barriers to crime for criminals.
Internal controls help businesses operate more
efficiently and effectively too.
(c) Deterrent Punishment. The criminals must be
punished deterrent with view to make them a
symbol of threat for others like minded persons.
Because these are about greed and self-
aggrandizement and while those things may be
deeply compelling.
(d) Prosecution. Aggressive prosecution must be
made. Such criminals must know that they will be
prosecuted for their actions. As the prosecution
 will be aggressive it will help in solving the crime
as quickly as possible.
(e) Audits. Through audit it is possible to prevent
many forms of white collar crime. If the auditing
system is sloppy or is favouring the cheaters it will
give raise to this crime. Because through audit it is
possible to measure out the person or department
efficiency throughout the year or in a period
prescribed.
(f) Abstinence of Blind Trust. In most cases it is due
to the blind trust on a person which constitutes a
white collar crime. It is necessary that proper
investigation should be made while dealing with
other in businesses or when assigning a task to a
person that should not be blindly trusted.
(g) Terminate Corrupt Employees. The employer
must terminate those employees on whom he
suspects any sort of corruption or he founds them
guilty.
(h) Research Sellers before Buying. To prevent any
unseen white collar incident it is the duty of the
buyer to hold a research or to verify the seller
before buying something. As many white collar
 crimes like telemarketing fraud, computer crimes
and weight and measurement fraud took place
where the buyer is unaware of seller or he deals
with him without considering the principle of
caveat emptor(mushtary hoshiar bash).

(i) Promotion of professionalism. To reduce the ratio

of white collar crime it is necessary that
professionalism should be promoted in every field.
As the non-professionalism tends to commit
breach, whereas the professionals always beliefs
in hard work and obedience.

(j) Social Awareness. Government should launch

such programs which highlights the phenomenon
(mazhar) of white collar crimes. These programs
must contain the awareness that general public
should know, through which they can easily avoid
and reduce the virus of white collar crime.

System of Prevention in Pakistan. To curb (prevent)

white collar crimes Pakistani nation tried its best but
unfortunately these efforts could not produce any
fruitful results. Therefore following laws were made in
Pakistan to prevent this crime.
a. Elective Bodies Disqualification order, 1959.
b. Federal Investigation Agency Act, 1974.
c. National accountability ordinance, 1999.
d. Police Order, 2002. & P.P.C.
e. Prevention of Corruption act 1947.
f. Electronic Transaction Ordinance 2002.
g. Anti-Money laundering Act 2010.

Difference Between White Collar Crime and Blue Collar

Crime.
(a) White collar crime which is associated with crime
committed by individuals of a higher social class
e.g professionals who works in an office, Lawyer,
bankers, High level officers. Whereas Blue collar
crime is any crime committed by an individual
from a lower social class e.g Working class like
Mechanics, laborers, factory workers etc, who get
 very low income because of lake of education and
abilities.
(b) White collar crime does not seem to be punished
as harshly as the people involve in it are of more
social and high class they are usually fined, Where
as in blue collar depends on crime but are
punished harshly.
(c) White collar crime will tend to be more technical
in nature, like manipulation of accountancy, or
inventory records. Whereas blue collar crime will
more often use physical force.
(d) White collar crimes attract the police less than
blue. As the crimes are committed with more care
and vigilance. Whereas in blue collar crime the
criminal lacks the technique ad proper education.
(e) Often seen that white collar crimes are reported
less, because it is due to nature ofcrime that it is
hard to size victim or identify the victim of the
crime whereas blue collar crime are more and
frequently reported by victims as the use of force
and violence clearly indicates its victim.
(f) White collar crimes, such as embezzlement,
extortion, corruption, bribery and computer
 crimes cause a deep dent into nation’s economic
activities whereas blue collar crime effect on
nation is not huge or dent full as compare to the
white collar crime. As these crimes are committed
by lower class people so their goals and
achievements are low as their level.
(g) White collar crime can be difficult to successfully
prosecute because as in many cases the identity of
offender is mystery or doubtful. Whereas in blue
collar crime it is relevantly easy as the offender is
nominated and clear in picture.
(h) Often it has been seen that white collar crimes
does not involves a direct harm to the victim.
Whereas Blue collar crimes are reverse in nature
these are those crimes which inflict direct harm on
the person or property of others.
(i) In white collar crime planning or long planning is
the essence of crime. A person has to do a lot of
scheming and planning when it comes to
committing. Whereas Planning in blue collar
crime is not necessary usually these crime are
without long term planning and are immediate in
nature.
Question. Define Crime? What are its Essential
Elements? And also explain its Historical background,
nature, characteristics, causes and functions.
Introduction: Crime is inevitable (unavoidable) in any
human society. It is an integral (compulsory) part of
any human society and it is a primary concern of all of
us, you can say that it is as old as the society itself.
Crime arose out from the social contacts of individuals
where rules of conduct got broken and in its serious
violations, termed to crime resultantly the society
undertook to punish the offender since it is the duty of
the society to protect the society. As know the criminal
law is the body of law which relates to crime. It
regulates social conduct of individuals and whatever its
need.
Historical Backgrounds: As you know in the early ages,
when men started living in groups and then in tribes,
the rules were framed to regulate the conduct of its
members. The same groups and tribes with the
passage of time became nations or big societies, hence
the rules which were implemented previously through
the head of tribes, now came to be implemented
through the Government and state thus life and liberty
was to be protected by the state. The people have
their certain rights being the members of society and
these rights were to be protected so that they may live
peacefully together.
Definition of crime: It has been widely accepted that it
is impossible to chalk out a comprehensive definition
of crime. However, several legal philosophers have
tried to define in many ways the shortest definition of
crime is “ Crime is an act or omission forbidden and
punishable at law since it is harmful to society and
special procedure is provided in law to punish the
offender.” Crime is an act of aggression (violence)
against not only an individual but also against society
as whole. Since it is an offence against the state, so
the state is responsible for the punishment to the
offender and this is all important for the purposes of
maintaining peace and order in the society. The object
is the protection of public from crime.
Essential Elements of Crime: There are four essential
elements of crime which are as under, missing any one
of them there is no crime.
(i)Human Being: (ii)Men’s rea:
(iii)Actus rea:(iv)Injury:
HUMAN BEING:The first essential element of crime
requires that the act must be committed by a human
being. In ancient (old) times, punishments were
inflicted on animals also for injury done by them.
However no such practice is followed in Pakistan and
with the development of the notion(thought) of men’s
rea such trials and punishment are completely
abandoned so the first essential element of crime is
HUMAN BEING. Who must be under legal obligations
toact in particular manner and should also befit subject
for award of appropriate punishment.
MEN’S REA: A person cannot be criminally responsible
and so liable to punishment unless he is morally
blameworthy.“No guilty mind no punishment” e-g A
person cannot be convicted and punished for Murder if
he forsees that he is likely to shoots an animal but in
fact shoots a human. The intent and act must both
concur to constitute a crime. However there are two
phrases namely “Actus reus and men’s reus “ can be
used as pegs upon which to hang the basic principles
 of criminal Law. “A man will not be as a general rule,
held by criminally responsible unless it can be shown
that,
(a) He was acting voluntarily.
(b) He must know that he was doing and
(c) He could forsee the consequence of his act.
It is a universal principle that when a man is charged with
doing an act, of which the probable consequences may
be highly injurious. The intention is an inference of law
resulting from doing the act. In this connection, the
intention to kill is not to be inferred (conclude) unless
death follows as a natural or probable consequence of an
act. For Example, Death cannot be ordinarily caused by a
push or blow unless actor know about the disease of the
victim in which case, a blow is enough to cause death so
some good evidence is to be produced in order to follow
the real intent or knowledge in such a case.
Exception to Men’s Rea :
(a) Wrong of strict liability is the case where no Men’s
Rea is required to be proved.
(b) Public nuisance is also an exception to the rule of
Men’s Rea.
ACTUS REA: Actus rea means “ Such a result of human
conduct as the law seeks to prevent. “ in fact the word
“Actus” connotes a “deeds” a physical result of human
conduct, Where the society considers such a deeds as
sufficiently harmful.The deeds may consist of harm and
destruction of property and even of life, but it is not a
crime unless the circumstances are such that it is legally
prohibited and this should be punished by imposing a
penalty, in order to be guilty, the accused must have
either,(i) done an act involving some kind of bodily
movement.
(ii) Omitted to do that kind of conduct which is the
central feature of the crime. Therefor result of the illegal
act or omission is important and if no result follows no
offence is committed.
Whereas under the banner of strict liability exception to
Men’s Rea the prosecution must proves three things
regarding the Actus Rea.
(a) Commission of the Actor Rea is an unlawful act.
(b) The Men’s Rea / Strict liability of that unlawful act.
(c) Unlawful act must be likely to cause bodily harm.
However a person can be liable for the death of another
it he omitted intentionally to discharge his duties.
Completion of Actus Rea:
The actus rea of an offence is complete in the following
(a)Direct Participation:Where an Actor/accused himself
commits the act and bring about the results himself e.g
Where” A” shoots at” B” and brings about B’s Death.
(b) Indirect Participation: Actus reus is fully attributable
even to a man who takes no active part in the actual
commission of crime. E.g. Where he has effected his
criminal act. Through an innocent agent/ by Third person
such as a little child or a lunatic or any women, So where
the participation is indirect.
(iv) Injury:The fourth essential requirement in crime is
injury to another person or to society at large. The injury
should be illegally caused to any person in body, mind,
reputation or property . The word injury denotes any
harm whatever illegally caused to any person. The word
injury is of wide connotation (consequence) and includes
all injuries caused by tortuous (full of winding ”extremely
painful act”.)

Nature of Crime: Crime originated according to classical

theory, in torts or wrongs to individuals previously all
wrongs were treated as individual wrong and later on,
they were regarded as injuries to the group or society.
Some wrong were regarded as wrong to the society or
groups as being dangerous to state.
The second theory is that the criminal law originated in
the rational process of a unified society. When wrong
occurred, the society took action and mad regulations to
prevent the repetition of such wrong. Something occurs
which upsets group or society so laws are passed to
relive emotions this theory is also inadequate.
The third theory is that the criminal law originated in and
is a crystallization of the mores (forbiddens), customs
developed with little more change to some extent due to
reactions of society and became rules of criminal law
with penal sanctions.
The fourth theory is that criminal law originated in
conflict of interests of different groups. When an interest
of groups secures the enactment of a law, it secures the
assistance of the state in a conflict with a rival interest
groups, opposition of the rival groups thus becomes
criminal.
However, no positive theory can be applied to all kinds of
criminal laws we have today.
Functions of Criminal law: The functions of criminal law
is to preserve public order preserve public order and
decency to protect citizens from what is injurious to
them and to provide sufficient safeguards against
corruptions of others. For example young week or poor
are to be protected again, the object is to protect public
morality. However, the content of criminal law may vary
not only from age to age and country to country it may
also vary within the same country at the same period in
history. E.g in Nigeria there are two systems of criminal
law , adultery and drinking alcohol.
Characteristics of crime: Ideally a human behavior
cannot be called as a crime unless seven characteristics
are present which are as under.
 i) Harm should have been caused , mere intention is
not crime.
ii) The harm must be legally forbidden,anti social
behavior is no crime unless prohibited by law.
iii) There must be conduct which brings harmful
result.
iv) Men’s Rea or criminal intent must be present in
Actus reus or out word conduct.
v) There must be fusion (blending) or concurrence of
Men’s Rea and Actus rea. e.g if a police man
enters into a house without search warrant to
make an arrest of accused and commits himself
theft over there, he cannot be guilty of trespass
though he must be guilty of theft.
vi) The harm caused must be a natural consequence
of the voluntary act, if one shoots at a person and
the victim dies due to suffocation in the hospital,
while substantially recovering from wound, there
is no murder.
vii) There must be legally prescribed punishment for
the conduct in question.
Causes of Crime: (i) Poverty.(environment)
(ii) Dirty surrounding (slum areas)
(iii)Losse administrative machinery.
(iv)Juvenile delinquency. (broken family)
(v)Lake of education and training.
(vi)Mental abnormality.
(vii)Internal conflicts within society.
(viii)Goals of economic gains by illegal means.
(ix)Social injustice and social pressures like influence of
family, friends, neighbours fellow workers, influenced
criminal behavior.
(x)Lack of social control(social disorganization).
@@@@@@@@@@@@@@@@@@@@@@@@@@
Question : What is Criminal Justice. What are Different
Theories of Punishments?
Ans: Criminal Justice: Criminal Justice is penal or
retributive, as it punishes the wrong doer and is provided
through criminal law of the country.
“Criminal justice means a justice through which a wrong
doer is punished by state to provide relief to the victim
or his family”.
Purpose of Criminal Justice. The purpose of criminal
justice is to punish the wrong doer. He is punished by the
state. The question arises, what is the end of criminal
justice, from very ancient times, a number of theories
have been given concerning the purpose of punishment
that may be divided in to two classes.
a) The view one class of theories is that end of criminal
justice is to protect and to add to the welfare of the
state and his society.
b) The view of the other class of theories is that the
purpose of punishment is retribution. The offender
must be mode to suffer for the wrong committed by
him.
Theories of Punishment:
i) Theory of Deterrent punishment.
ii) Theory of Preventive punishment.
iii) Theory of Reformative punishment.
iv) Theory of Retributive punishment and
v) Theory of Compensation.
(j) Theory of deterrent punishment: The primary
object of criminal justice is in awarding
punishment is to deter people from committing
crime. Person likeminded with the person
punished naturally feel deterred.
The deterrent theory emphasizes the necessity of
protecting society, by so treating the prisoners that
other will be deterred from breaking laws.
Objections: Criticiseres have raised some objections on
deterrent theory of punishment, first is that deterrent
punishment often defeat its own object”. It is argued
that since the fear of unknown is mush effectiveand as
long as a criminal has not been punished. That may
follow may hold some terror for him but when once he
is punished, the punishment loses its terror. Solmand
says by commenting on the objection. It may indeed
hold true in some cases bet certainly it does not hold
good in all cases.Further, the punishment is meant to
deter not merely the offender but also other like
minded people.
(ii) Theory of Preventive punishment. This has also been
called “Theory of disablement “As it aims at preventing
the crime by disabling the criminal. In order to prevent
the repetition of the crime, the offenders are punished
with death imprisonment for life e.g a murder is
committed by “A” and he is punished here the
punishment is not for the”A” only, it is also in order to
prevent the further murder.
Objection: This aspect has also been objected on the
ground that it has the undesirable effect of hardening
first offender by throwing him into constant association
with habitual offenders.
Solmondwrites by answering the said objection. “This
objection can also be met on the same ground as the
previous one. The juvenile offenders however in view of
this objection, may be kept in reformatory school’s of
thought and should be separated from hardened
criminals.”
(iv) Theory of Reformative punishment. The
reformative theory of punishment is based on
identifying crime with disease and consequently
in consists of application of such curative and
 medicalforms of punishment as well cure the
criminal of his diseased mind. According to this
theory hanging is not a fit penalty for murder,
for in this way we lose the criminal instead of
curing him.
Flogging (Strips) and corporeal (bodily) punishments
are similarly characterized as relics of barbarism
(symble of ignorance). This theory adovcates
imprisonment in order to that the criminal may be
transformed into a good citizen by physical, intellectual
and moral training. Their prisons must be turned into
dwelling house where the criminals may have such
opportunities to improve as they never have before.
Objection: Some jurists said by objectioning on
reformative theory of punishment that by this method
offender consider the jail reformative institution or
school etc. When such comfort will provide to him in
this type of jail, he would feel that it is the easiest
place to live in. In this way, some offenders donot
agree to improve themselves in this type of institutions
and nor they feel any repent on their behavior. So by
this reason salmond said that. “It should not be
forgotten that liberal application of this theory may
prove an incentive to the commission of crime.”
The view of the salmond, is“A perfect system of the
criminal justice is based neither on the reformative
theory,nor on thedeterrent principle alone but on the
perfect combinations between the two and in this
compromise the detterent principle should possess the
predominantinfluence.
(v) Theory of Retributive punishment.This theory
Is based on the principle of any eye for eye and tooth
for tooth, the offender should be punished according
to the nature, of injury caused by him to the victim. In
other words punishment should be in proportion to
the injury caused by the offender. This theory does not
look into the motive but to the intention is committing
crime. Solmond says that,”Retributive punishments
serves to satisfy the sense of retribution which is
naturally stirred up when a person is wrong.”
Theory of Expiation:Retributive aspect of punishment
based on the theory of expiation (penalty) the idea
tooth for tooth and eye for eye in course of time, took
the shape of expiation this theory underlying expiation
is that the crime is done away with, cancelled or
blotted by the suffering of its appointed penaltyor in
the other words, commission of crime is a debt and
this debt in paid up when offender suffered with
punishment.“Guilt + Punishment = Innocence.”
(vi) Theory of Compensation: According to this
theory, the object of punishment must not be
merely to prevent further crime but also to
compensate the victim of the crime, to keep
peace and order in society.

Objection: Critics of this theory point out that it tends

to over simplify the motives of the crime. The motive
of crime is not always economical, compensatory That
may also against the state, society, social justice,
religion, marriage ect.There may also be other motives
involved in this case. Therefore in these cases the
theory of compensation may neither be workablenor
effective. Even in the case of offence actuated by such
person that the economic position of the poor may be
such that compensation may not be available. On the
other hand, If the offender is a rich person, the
 payment of any amount may be no punishment for
him.

Question Distinguish between Crime and Tort.

Ans: The administration of justice in the society is the

primary concern of the state. There are two parallel
systems of the court to ensure the proper
administration of Justice. That are civil courts and
criminal courts. The basic purpose of the
administration of civil justice is the enforcement of civil
rights. Whereas by criminal administration of justice.
Controle the violation of public rights, affecting the
whole society.

It is important to make a distinction between crime and

tort. In the early ages there was no clear distinction
between criminal and civil offences, so thee does not
seem to be an inherent difference between crime and
tort. The difference between the two is one of degree
only. However some illegal acts are crime as well as torts
and the proceedings can simultaneously be started in
criminal and civil courts. The examples of such illegal acts
are the cases of assault, defamation, injury to human
body even the cases of homicide etc. however, the
following degree of difference in provided i.e

i) Crime is a wrong against the whole society,

Whereas the tort is a wrong only against an
individual.
ii) In crime the proceedings are initiated in the
criminal courts while in tort, the proceedings start
in a civil court.
iii) In tort, damages are payable to the person against
whom wrong has been committed, while in crime,
prescribed punishment is meted out in the form of
hanging or imprisonment etc. And the state is
responsible to bring to book a person who has
committed crime. Whereas it is up to the
individual to ring action in the civil courts in case
of tort.
iv) The rules of civil procedural law in Pakistan, civil
procedural law in Pakistan, “CPC” are applied in
cases of torts while rules of criminal procedural
Law “CrPC” are applied in cases of crime.
v) In crime, the state prosecutes regardless of the
person who has been wronged, whereas in tort it
 is not so, State has to play a significant role in
cases of crime while in tort, sate only provides a
machinery of justice.
vi) The rules of evidence in crime are different from
those in civil cases. Crimes involve men’s rea but
in civil cases, emphasis in a compensation.In
criminal cases prosecution has to prove the guilt of
the accused beyond reasonable doubt while in
tort, the evidence is weighed on balance of
probability.
vii) In case of tort, an individual can compromise in
litigation with his opponent but in crime, it is only
possible in cases of compoundable offences.
@@@@@@@@@@@@@@@@@@@@@@@
Question: Define crime and explain the different
stages in commission of crime. And also explain the
principle of Parpetrators and accomplices?
Ans: For the definition of crime please see last
Question, therefor following are the stages in
commission of crime.
i) Malice: A previous thinking that may be
expressed or implied, if there is intention to kill, it
is express or direct and if there is intention to
cause grievous bodily harm, it is implied or indirect
malice.
The phrase “malice” a forethought also includes
foresight on the part of the accused that his act is
likely to cause death. Such of mind is direct or
oblique intention(foresight) which means that
particular consequence is intended obliquely “
foresight of probability” which can happen in two
ways.
A) When it is foreseen by the accused as substantially
certain to result.
B) Where a person foresees that a consequence will
probably result from his act, although he does not
desire/aim to produce it.
In any case the foresight of consequence as
certain to result or probable, provides a
sufficient men’s rea.
ii) Motive: Generally speaking, the word motive
means that which moves or induces a person to
act in a certain way, a desire, a fear or other type
Of emotions or a consideration of reason which
influence or tend to influence a person’s volition
(exercise of will) it is something operating upon the
mind so as to induce or tend towards inducing a
particular act or a course of conduct. In other words
motive moves a man to do a particular act and
whether he believe which produces that state of mind
is true or false, the motive remains the same and the
truth or falsity of the belief is not real in question. As it
is not possible to look into the mind of another, the
motive can be deduced from the words, the looks and
the conduct of the person in whom the motive is to be
looked for. It can only be estimated by means of
knowledge of the existence, and operations of motives
in an average man.
iii) Intention and knowledge: The proof in respect of
intention and knowledge depends upon the fact
that what person himself intended or thought at
 the time of doing the act and now what he ought
to have intended or thought as a reasonable man.
A person cannot be criminally responsible and so
liable to punishment unless he is morally
blameworthy no guilty intention or guilty
knowledge about the commission of
crime/offence no liable to punishment.
Intention and knowledge are internal and visible acts
of the mind and their actual existence cannot be
demonstrated except by their external and visible
manifestation. Experience and observation enable
person to judge the connection between men’s
conduct and their intentions and this has led the courts
to formulate the rule that every sane person of the age
of discreation is presumed to intent the natural and
probable consequence of his own act.This was
originally a rule of evidence intended to help the court
in connecting the act with the accused mentality. It is
not direct evidence, even as such. It isbased upon
certain generalizations which are manifestly
inapplicable to all cases because the working of a
human mind is not uniform in all cases because a
savage man thinks in a different way from a civilized
man. The habits and customs of people mould their
thoughts and intention.
iv) Perpetration: Perpetration to commit an offence
is not punishable under the general principles of
criminal jurisprudence, and an offence supposed
to be constituted when the proceeds beyond the
stage of perpetration and reaches to attempt. But
it is an offence under PPc to make perpetsration
for committing the offence of “Dacoity” the
prosecution must prove that there were persons
who had conceived the design of committing the
offence of dacoity once the existence of such a
taken with the intent. Mere assembling without
further preparation is not a preparation within the
meaning of this phrase, unless guilty of assembling
with deadly weapons.
v) Attempt: With intent to commit an offence, a
person does an act which is more than
preparation to commission of an offence, he is
guilty of attempt to commit the offence, the
offence of attempt does not apply to the following
 a) Conspiracy:
b) By aiding, abetting, instigation or procuring the
commission of offence.
There are number of other offences which, are
by their very nature, cannot be attempted e.g
Offences which can only be committed by an
omission to act, or offences based on
recklessness or negligence.
Perpetrators: Perpetrator is the one who with relevant
men’s rea commits the crime in question. There could be
more than one for example where two or more persons
jointly use violence to kill another, in furtherance of
common intention of all, each with the relevant men’s
rea does different acts which together constitute a
sufficient act for the purposes of an actus rea of an
offence, e.g D and B would be joint perpetrators of that
another’s property while B used force to enable this
misappropriation, the both are the perpetrator.
Accomplices: A person who aids, abets, instigate or
procures the commission of an offence is liable to be
tried and punished for that offence as principle offender,
so that an accused may know whether he is accused of
Being a perpetrator or an accomplice five points may be
noted.
i) A person can be convicted as an accomplice of an
incomplete offence i.e “Attempt.”
ii) A number of participants may also be guilty of
conspiracy.
iii) Accomplices are described as “Principle” in
offences other than felonies.
iv) In case of persons who counsel (Instigate) an
offence committed in England. They may be
convicted in an English court as accomplices to the
principle offender.
v) It may be proved that the accused is accomplice
three things are to be proved by the prosecution,
i.e accused aided, abetted, instigated or procured
the commission of the principle offender.
Question: What is Negligence? What are its different
Theories ?
Ans: A person is negligent if his conduct in relation to a
risk falls below the standard which would be expected
of a reasonable person in the light of that risk. An
accused is negligent as to a consequence of an act on
his part if the risk had been foreseen be a reasonable
person and the accused either falls to foresee the risk
or having foreseen it, fails to take steps to avoid it.
Negligence as to a consequence very rarelySuffices
(offten fall) for criminal liability. i.e in statutory
offences where the definition says that the accused
had reasonable cause to believe or reason to believe,
reason to suspect, that the circumstance existed for
example it is an offence to receive stolen property
knowingly reason to suspect that it may be stolen.
However, in a very limited number of offences i.e
careless driving and dangerous driving, are the most
obvious examples, negligence is the very essence of
the offence, whether the accused intended frlly to
commit actus rea of the offence or not. Negligence is
distinguishable from intention, subjective recklessness
and the knowledge of the first or second degree since
it does not require foresight or awareness of the risk in
question. Where the offence has been committed
negligently, it is simply means that the prosecution
does not need to prove any intention on the part of
the accused, but recklessness.
KINDS OF NEGLIGENCE:
i) Advertent Negligence:Advertent negligence is
commonly called subjective recklessness in this
kind of negligence, the haram done for foreseen as
possible or probable but it is not willed. When a
person carries out an act, he actually foresees that
there is a risk. But he chooses to disregard the risk
the degree of risk foreseen is very high, it may be
inferred that the accused intended the
consequence in question, for example the accused
knows that, it is an offence to receive stolen
property knowingly, or have reason to suspect
that its stolen but he overlooked these facts and
purchase.
ii) Inadvertent Negligence: It can be called simple
negligence. In this kind of negligence, the harm is
neither foreseen nor willed. This is objective or
Caldwell-type recklessness. As with Caldwell type
recklessness the risk must have been unjustified or
unreasonable. e.g D who had been fighting with
persons in the street threw a stone at them which
missed but went through the window of a nearby
public house.
Theories of Negligence.
There are two rival (opposite)theories of
negligence, namely (i) subjective Recklessness,
(ii)Objective Recklessness.
i) Subjective Recklessness Theory:
Subjective recklessness is a wrongful disregard of
foreseen risk. It refers to the knowledge of the
likelihood the existence of the circumstances with
reference to which the agent is said to have acted
recklessly but it falls short of belief in the certainty
of these matters. A person may foresee the
probable consequences,but if he still continue on
his own course he is knowingly to run the risk of
causing the undesired result, In other words, he is
reckless it means the conscious taking part of an
unjustified risk. When a person carries out an act,
he actually foresees that there is a risk. He
chooses to disregard the risk not caring about the
consequences, If the degree of risk foreseen in
very high, it may be inferred (conclude) that the
accused intended the consequence in question,
and this is the subjective theory of negligence/
recklessness.
ii) Objective theory “Caldwell-type.”
The other theory is that negligence is not a
subjective but it may an objective fact also. It may
not a particular state of mind or men’s rea at all,
but a particular kind of conduct, it is breach of
duty of taking care, and to take care means to take
precautions against the harmful results ones
action and refrain from unreasonably dangerous
kind of conduct e.g D who had been fighting with
persons in the street and threw stones at them
which missed but went through the window of a
nearby public house. His conviction for maliciously
damaging the window, was quashed because, he
had acted with intent to injure person and with
intent to injure property. Therefore the conviction
would have been withheld by the court, because
the recklessness was sufficient for the offence in
question.
 According to the objective theory of negligence it
is an external fact and not the state of mind, it is a
conduct resulting in the breach of duty to take
care.
As with Caldwell type “objective recklessness” the
risk must have been unjustified or unreasonable
short of believe.
The failure to take precautions is not always due
to negligence. It may be due to accident from
purely objective point of view it is not possible to
decide whether an act was intentional, negligent
or accidental. We have to take into
consideration,the state of mind as well a rash or
negligent act done precipitately (force into hasty
action). Whereas rash act means over-hasty act
want of proper caution and care.
Reconciliation of both theories: Neither the
objective nor the subjective theory is correct.
Negligence is both subjective as well as objective,
are wrong, these emphasized different aspects of
negligence as contrasted with inevitable accident.
 Question:Write note on the followings.
(i)Assault (ii) Battery (iii) Homicide

ASSAULT:
The word assault means a “Sudden attack” this
word is derived from a latin word Adsaltus where
as means upon saltus means leap and adsaltus
means to leap upon.
An assault can be defined as an act which
intentionally or possibly recklessly causes another
person to fear immediate and unlawful hurt or
violence.
In other words it can also be defined as an act of
the accused which causes to the complainant
reasonable apprehension of the infliction of a
battery or use of force on him.
The PPC section 351 defines an assault as
“Whoever makes any gesture, or any preparation
intending or knowing it to be likely that such
gesture of preparation will cause any person
present to apprehend that he who makes that
 gesture of preparation is about to use criminal
force to the person, is said to commit an assault.
Mere words do not amount to an assault, but the
words which a person uses may give to his
gestures or preparation such a meaning as may
make those gestures or preparations amount to an
assault.”

Essential Element of Assault:

(1)Some preparation:
The first essential requirement of assault is that here
should be some preparation or gesture constituting a
threat of force. e.g When A loads a pistol in the presence
of B and also show his intention by words, of using it
against B, then it is an assault.
Reasonable Apprehension of the use of force:
The second important element of assault is that there
should be reasonable apprehension of the infliction of
force. There is no assault when fear of the use of force is
absent. E.g When A points an unloaded pistol at B and if
B knows that pistol is unloaded, then there is no assault
because he could not be put in fear, But if B believes that
the pistol is or may be loaded, then it is an assault
because in this case B is in fear of being hurt by pistol.
Ability or capability:
According to the third essential element of an assault the
complainant must have a reasonable belief that the
accused has ability or capability to carry out his threat
provided that, a reasonable apprehension for the
infliction of force or injury must also be present. E.g If A
points a pistol at B and B believes that it is loaded and
can be used by A to cause him injurythis is an assault
because both the elements, fear and belief as well ability
or capability of carrying the threat into effect by using
the force are present.

Points of Distinction:
(a) Use of force not necessary:
In assault use of physical force or actual contact is
not necessary, so to throw water at a person is an
assault but if any drop falls upon him then it will
 not be an assault, because only the threat to use
of force with intention is considered as an assault.
(b) Reasonable Apprehension:
In assault reasonable apprehension of the use of
force is an essential requirement and in absence of
apprehension of fear there is no assault.
(c) Reasonable Belief:
Along with the reasonable apprehension of use of
force, the complainant must also have reasonable
belief that the accused has the capacity to carry
out his threat.
(d) Nature of an Assault:
An assault is treated both as tort and crime.
(e) Apprehension of immediate personal violence:
In assault an apprehension of immediate personal
violence is essential, so when there is a threat to
inflict harm at some time in future, it cannot be
considered as an assault.
(f) Oral threat is not an assault:
An oral threat made by A to murder B and if even
it is made in the presence of B still will not be
considered as an assault because mere words do
 not cause an assault as the use of immediate force
is absent.

BATTERY:
Battery can be defined as battery is the intentional use of
force to another person without legal justification.
In other words, battery can also be defined as the actual
application of unlawful force to another person whether
directly or indirectly.
So battery means any unlawful touching of another
without justification or excuse.
ESSENTIAL ELEMENTS OF BATTERY:

1. Use of Force:
The first essential requirement of a battery is the use
of force. In battery the amount of force used is
immaterial, so the least touching of another in anger is
considered as a battery. E.g A battery issaid to be
constituted when a person hits another with an
instrument or fist with intention.
2. Use of Force Should be intentional:

The second important element of a battery is that

the use of force must be intentional. So any
involuntary act cannot be considered as battery. E.g
If A hits B with an instrument intentionally to hurt B,
then it is considered as battery, But if B has been hit
accidently by an instrument then it will not be the
case of a battery.
(3) Without Lawful Justification:
Another essential element of a battery is that force
should be used without any lawful justification. So if
force is used as permitted or authorized under law,
then it will not be considered as a battery.
e.g When a person is arrested by a policemen under
lawful authority, either by touching him or by using
force, it will not constitute battery because reason
behind this arrest is lawful. In other case if this
person is arrested without any legal justification,
then it is said to be a battery.
 POINTS OF DISTINCTION:
(a) Force: In battery use of force is must. Without
use of force a battery can never be constituted.
(b) Intention: Along with the use of force, intention
should also be present, in other words, we can
say that use of force must be intentional, e.g
when A hits B with his fist intentionally to hurt B
then it is a battery, but in case this incident
happened accidentally then it will not be a
battery.
(c) Amount of force: In battery it is regardless that
how much has to be used in order to constitute
battery, so even the least touching without
consent of another is considered as a battery.
(d) Unlawful Justification: In case of battery
intentional application use of force must be
without lawful justification. So if the force is
used under the authority of law, then it will not
constitute a battery.
(e) Nature of a battery: A battery is both a tort as
well a crime.
 (f) Direct and Indirect Application of force: In a
battery the application of unlawful force can
either be direct or indirect. So when a slap is
applied intentionally, it is a battery while, on the
other hand, if a person digs a pit for another to
fall into, is also the case of a battery, moreover,
to set a dog on another is also an example of
indirect unlawful application of force and it is a
battery.
(g) Words do not constitute a battery: Mere words
(advance dialogue) or singing cannot constitute
battery because battery requires application of
unlawful force with intention. Thus, the only
words do not amount to a battery.
(h) No need of reasonable apprehension: In
battery reasonable apprehension of the use of
force is not an essential requirement, so in case
of batter even a blow from behind can
constitute abattery.

HOMICIDEHomicide can be defined as the” killing of

human being by the act, procurement or omission of
another.”
In other words homicide can be defined as “Homicide is
the killing of a human being by a human being.”

TYPES OF HOMICIDE:
i) Lawful Homicide:
A Homicide is lawful if it is committed.
(a) In the execution or advancement of justice.
(b) In reasonable self-Defence of person or property
or in order to prevent the commission of an
atrocious (bad) crime.
(c) By misadventure. (Badluck, accident). A homicide
will also be lawful if it is committed in suppressing
a statutory riot.
ii) Unlawful Homicide:
If a homicide is unlawful then it may be:
(a) Murder,
(b) Manslaughter,
(c) Suicide,
(d) Infanticide,
(e) By means of Caldwell type recklessness.

MURDER:
Murder is unlawful homicide (murder has intention
beforehand while manslaughter has no intention) with
“malice aforethought” Malice aforethought consists of
an intention on the part of the accused. In other words,
murder can be defined as the unlawful killing of a human
being by another with malice aforethought, either
express or implied.
Degrees of Murder. Murder is a serious crime for which
the punishment fixed by law is normally imprisonment
for life. In most States in America, murder is divided in to
two categories for the purpose of imposing a more
severe penalty, these categories are.
(1) Murder of the First Degree. Murder of the first
degree are those murder which are committed,
By means of poison, by any kind of willful,
deliberate and premeditated killing or murder
which are committed to commit crime, arson,
rape, robbery, burglary.
(2) Murder of the second degree. All murders other
than the murders of the first degree are termed as
the murders of the second degree.
MANSLAUGHTER: Manslaughter is the unjustifiable,
inexcusable and intentional killing of a human being
with deliberation, premeditation and malice,
manslaughter is traditionally classified into two types.
(a) Voluntary Manslaughter. Voluntary manslaughter
is that manslaughter which is committed in a
sudden quarrel between two persons in which one
of them kills the other.It is the unlawful taking of
human life without malice and motive, but with
willful premeditated or deliberate intention.
(b) Involuntary Manslaughter. Involuntary
manslaughter is that unlawful homicide which is
said to be involuntary when committed under
such circumstances when a person kills another.
While committing an unlawful act not grave or
serious.
While committing a lawful act without proper
caution.
While committing reckless/negligent act.
While committing an act under the influence of
extreme mental disturbance (provocation) for
which there is a reasonable excuse.
SUICIDE:
It is another form of unlawful homicide. Suicide means
taking of one’s own life. Suicide is a felony because it
consists of unlawful taking of a human life ad it is
irrelevant that the life which the man took, was his own.
The intention of the man to bring his own existence to an
end which led to suicide is often called self-murder.
Since suicide is a felony, so an attempt to commit is an
attempt to commit a felony. And it is punishable under
section 325.PPC.
INFANTICIDE.
Section 1 of the infanticide act,1938. Provides that when
a woman by any willful act or by omission causes the
death of her child who is under the age of 12 months,
can be held guilty of murder. But in a case when woman
proves that she killed her child at the time when the
balance of her mind was disturbed by reason of her not
having fully recovered from the effects of giving upon the
birth to the child or by reason of the effect of lactation
resulted upon the birth of the child. Thus under such
circumstances she will be held guilty of infanticide. So
this section provides a defence to woman by which she
will not guilty murder but guilty of infanticide. The
offence of infanticide has no application to unborn
children.Whereas under the PPC, there is punishable
under section 338-A. even on an unborn child.

TYPES OF HOMICIDE:
i)Lawful Homicide: ii) Unlawful Homicide
(a) Murder:
(b) Manslaughter:
(c) Suicide:
 (d) Infanticide:
(e) By means of Negligence
Question: Discuss and distinguish between common
intention and common object:

Introduction
Common Intention: Common Object:
(Criminal Act)(Unlawful Assembly)
(By Several Persons) (Member of such assembly)
(In furtherance of com-(Offence committed In furt-
mon Intention of all)herance of common object)
(Knowledge of likelihood of
the offence being committed
DISTINCTION BETWEEN COMMON INTENTION AND
COMMON OBJECT:

CODE OF CRIMINAL PROCEDUR

Question No:1 What are the difference among,
Investigation
Inquiry and Trial ?

Introduction:criminal cases under goes three stages

“investigation”, “inquiry” and “trial”……………………………....

Investigation:
i) Meaning :
ii) Definition:u/s4(i)(L),156,157,160,161,170,172,173
iii) Object of investigation:
iv) Investigation by whom conducted:
v) Steps to be taken during Investigation:

Inquiry:
i) Meaning:
ii) Definition:U/S4(i)(k)157,159,202,242,265-
E,145(4),Inquiry include every inquiry other than
a trailconducted under the Crpc.
iii) Object of Inquiry:
iv) Inquiry by whom conducted:
Trial:
i) Meaning: U/S 177,241 to 250,260,265(a) to265n,
ii) Definition:
iii) Kinds of trial:
iv) Commencement of trial:
v) End of trial:

Question No. 2. What are various classes

of Criminal courts, and what sentence
can be passed by session judge and a
Magistrate?
Introduction:
i) Meaning of Criminal Courts:
ii) Classes of Criminal Courts:
iii) High Courts:
iv) (a)Establishment, (b)Constitution,(c)Appointment
v) Offences Cognizable / Triable by High Court.
vi) Powers of High Court:
vii) Sentence which High Court may Pass.
 viii) Court of Session:
(a) Establishment, (b) Appointment,(c)Seat.
(ix) Cases triable by the Session Court:
(x) Powers of session Court, regarding Sentence:
(xi) Courts of Magistrates, and cases triable by
Magistrate, and Sentences.
(xii) Magistrate Ist Class, 2nd, and 3rd Class. And
Section # 6 Not Exhaustive.
Question No.3. What are the circumstances where a
police officer may arrest a person without obtaining
warrant from the court?
Ans: Relevant provision: U/S 54 to 58 & 151 Crpc.
ATTEST WITHOUT WARRANT:
______________________!______________________
! !
Definition of Arrest Definition ofWarrant
! !
Mode of Arrest. Kinds of warrant.
i) Verbally, i) Arrest Warrant.
ii) Physically; ii) Search Warrant.
iii) Documentary;
iv) Actually touching of Body;
Or confining the Body;
Kinds & Nature of Arrest:
i) Arrest with Warrant;
ii) Arrest without Warrant;
iii) Punitive nature of Arrest;
iv) Preventive nature of Arrest.
Who May Authorize:
a) Police Officer u/s 54;
b) Officer In charge(SHO)u/s 55;
c) Magistrate & High Court.
Objects:
To give protection & security to Public;
Circumstances of Arrest without Warrant:
i) Cognizable Offence u/s.54
ii) Person in possession of implement of House Break
iii) Habitual Robber or P/O u/s 87;
iv) Person in Possession of Stolen Property;
v) Person obstructing Police officer on duty;
vi) Any deserter from Armed Forces;
vii) Commission of offence outside Pakistan;
viii) Any Released Convict u/s 565(3);
ix) Arrest on Requisition;
x) Concealment of Presence u/s.55;
xi) Ostensible means of Subsistence ”Vagabond”;
xii) Person refuses to give his Particulars, u/s 57;
xiii) Designing to commit Offence, u/s 151;
xiv) Cancellation of order of release u/s 401(3);
xv) Arrest without warrant u/special Acts.
Question No.4. What are the mode of production of
the accused before the court.
Ans: Relevant provisions: u/s 68 to 89of Crpc.
MODE OF PRODUCTION OF ACCUSED
___________________!_________________________
! !
i) Summons;___________________________
ii) Warrant; !
iii) Proclamation of an absconder; !
iv) Attachment of his Property; !
____________________________________!
 !
SUMMONS:
i) Meanings;
ii) Requisite of Summons;
iii) By whom served;
iv) How served;______________
!
a) By Personal Service;
b) Service to other body, corp:
c) Service to Government Sec:
d) Substituted Service;
e) Service be Affixture;
f) Service of outside local limits;
ii) WARRANT:
a) Meaning;
b) Form of warrant;
c) Requisites of warrant;
d) Duration of Warrant;
e) Kinds of warrant;
f) Bail able warrant;
g) Contents of Endorsement;
h) By whom issued;
i) To whom Directed;
j) Substance of Warrant;
k) Place of Execution:

Proclamation for Absconder:

i) Meaning of proclamation:
ii) Meaning of Absconder:
iii) Pro: when can be issued:
iv) 30 Days period:
v) Publically read out:
vi) Affixed to some place:
vii) Affixation to some
conspicuous part of court:
viii) Conclusive Evidence of
proclamation :
Attachment of Property U/Sec 88
a) Order to attach any property:
b) Status of order:
c) Procedure in case of movable property:
d) Procedure in case of immovable property;
e) Procedure in case of Perishable property;
f) Objections if Any;
g) Release of property: