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LAW GAT DEFINITIONS

THE CODE OF CIVIL PROCEDURE, 1908


Section
Term Definition
Subsection
Section 2 "Code" includes rules.
Code
(1)
"Decree" means the formal expression of an
adjudication that conclusively determines the rights of
the parties regarding all or any matters in controversy in
Section 2 the suit. It may be preliminary or final, including the
Decree
(2) rejection of a plaint and certain orders under Order XXI.
It excludes adjudications appealable as orders or orders
of dismissal for default. An explanation is provided
distinguishing preliminary and final decrees.
"Decreeholder" means any person in whose favor a
Section 2
Decreeholder decree has been passed or an order capable of
(3)
execution has been made.
"District" means the local limits of the jurisdiction of a
Section 2 principal Civil Court (District Court), including the local
District
(4) limits of the ordinary original civil jurisdiction of a High
Court.
"Foreign Court" means a Court situated beyond the
Section 2 limits of Pakistan, having no authority in Pakistan and
Foreign Court
(5) not established or continued by the Federal
Government.
Foreign Section 2 "Foreign judgment" means the judgment of a foreign
Judgment (6) Court.
"Government Pleader" includes any officer appointed by
Government Section 2 the Provincial Government to perform functions
Pleader (7) imposed by this Code, and any pleader acting under the
directions of the Government Pleader.
Section 2 "Judge" means the presiding officer of a Civil Court.
Judge
(8)
Section 2 "Judgment" means the statement given by the Judge of
Judgment
(9) the grounds of a decree or order.
"Judgment debtor" means any person against whom a
Judgment Section 2
decree has been passed or an order capable of
Debtor (10)
execution has been made.
"Legal representative" means a person who in law
Legal Section 2
represents the estate of a deceased person. It includes
Representative (11)
any person who intermeddles with the estate of the
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deceased, and in a representative lawsuit, the person on


whom the estate devolves on the death of the party.
"Mesne profits" of property means the profits received
or capable of being received by the person in wrongful
Section 2
Mesne Profits possession of the property, along with interest. It
(12)
excludes profits due to improvements made by the
person in wrongful possession.
Moveable Section 2 "Moveable property" includes growing crops.
Property (13)
Section 2 "Order" means the formal expression of any decision of
Order
(14) a Civil Court that is not a decree.
"Pleader" means any person entitled to appear and
Section 2
Pleader plead for another in Court. It includes an advocate, a
(15)
vakil, and an attorney of a High Court.
Section 2 "Prescribed" means prescribed by rules.
Prescribed
(16)
"Public officer" means a person falling under various
descriptions including every Judge, every person in the
service of Pakistan, every commissioned or gazetted
Section 2
Public Officer officer in the military forces of Pakistan, every officer of
(17)
a Court of Justice, every person empowered to place or
keep anyone in confinement, and other designated
officers.
Section 2 "Rules" means rules and forms contained in the First
Rules
(18) Schedule or made under section 122 or section 125.
Share in a Section 2 "Share in a corporation" shall be deemed to include
Corporation (19) stock, debenture stock, debentures, or bonds.
Section 2 "Signed," save in the case of a judgment or decree,
Signed
(20) includes stamped.
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CONSTITUTION OF PAKISTAN FUNDAMENTAL


RIGHTS

Article
Word/Phrase Definition
Number
Any law, custom, or usage inconsistent with the rights
Laws inconsistent conferred by this Chapter is void to the extent of the
8 with Fundamental inconsistency. The State cannot make laws taking away
Rights or abridging these rights. Exceptions apply to laws
related to Armed Forces and certain specified laws.
No person shall be deprived of life or liberty except in
9 Security of person
accordance with the law.
Every arrested person must be informed of grounds,
Safeguards as to
allowed legal representation, and produced before a
10 arrest and
magistrate within 24 hours. Exceptions apply to
detention
preventive detention laws.
Every person is entitled to a fair trial and due process in
10A Right to fair trial
civil and criminal matters.
Slavery, forced Slavery is forbidden; forced labor and human trafficking
11 labor, etc., are prohibited. No child below 14 shall be engaged in
prohibited hazardous employment.
Protection against No punishment for acts not punishable at the time or
12 retrospective greater than prescribed. Exceptions for acts of
punishment abrogation or subversion of the Constitution.
Protection against
13 double No double prosecution or self-incrimination allowed.
punishment
Inviolability of
Dignity of man and privacy of home are inviolable. No
14 dignity of man,
torture for extracting evidence.
etc.
Citizens have the right to move freely throughout
Freedom of
15 Pakistan, subject to reasonable restrictions in the public
movement, etc.
interest.
Every citizen has the right to assemble peacefully and
Freedom of
16 without arms, subject to reasonable restrictions in the
assembly
interest of public order.
Every citizen has the right to form associations or unions,
Freedom of subject to reasonable restrictions in the interest of
17
association sovereignty or integrity. Political party membership is
allowed with restrictions.
Citizens have the right to enter lawful professions or
Freedom of trade,
occupations, subject to prescribed qualifications and
18 business or
regulations. Certain governmental activities are
profession
exempted.
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Every citizen has the right to freedom of speech and


Freedom of expression, with certain reasonable restrictions in the
19
speech, etc. interest of various considerations. Freedom of the press
is also acknowledged.
Every citizen has the right to access information in
Right to
19A matters of public importance, subject to regulation and
information
reasonable restrictions imposed by law.
Freedom to
Every citizen has the right to profess, practice, and
profess religion
propagate their religion, subject to law, public order, and
20 and to manage
morality. Religious institutions have the right to
religious
establish, maintain, and manage their affairs.
institutions
Safeguard against
No person shall be compelled to pay a special tax for the
taxation for
21 propagation or maintenance of any religion other than
purposes of any
their own.
particular religion
No one attending an educational institution shall be
Safeguards as to compelled to receive religious instruction or take part in
22 educational religious ceremonies of a religion other than their own.
institutions No discrimination in granting tax exemptions to religious
institutions.
Every citizen has the right to acquire, hold, and dispose
Provision as to
23 of property, subject to the Constitution and reasonable
property
restrictions imposed by law in the public interest.
No person shall be deprived of property except in
Protection of accordance with the law. Compulsory acquisition for
24
property rights public purposes is allowed with compensation.
Exceptions for various situations are outlined.
All citizens are equal before the law and entitled to equal
25A Equality of citizens protection. No discrimination based on sex. Special
provisions for women and children are allowed.
The state shall provide free and compulsory education to
25 Right to education all children aged five to sixteen years, as determined by
law.
Non-discrimination No discrimination on the ground of race, religion, caste,
in respect of sex, residence, or place of birth in access to places of
26
access to public public entertainment or resort. Certain provisions for
places women and children are allowed.
No citizen qualified for a post shall be discriminated
Safeguard against
against based on race, religion, caste, sex, residence, or
27 discrimination in
place of birth. Temporary reservations for certain classes
services
or areas are allowed.
Preservation of Citizens with a distinct language, script, or culture have
28 language, script, the right to preserve and promote it. They can establish
and culture institutions for this purpose, subject to law.
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PAKISTAN PENAL CODE

Section Word Definition


Every expression which is explained in any part of this
Sense of expression
7 Code is used in every part of this Code in conformity with
once explained
the explanation.
The pronoun “he” and its derivatives are used of any
8 Gender
person, whether male or female.
Unless the contrary appears from the context, words
importing the singular number include the plural number,
9 Number
and words importing the plural number include the
singular number.
The word “man” denotes a male human being of any age:
10 “Man” “Woman” the word “woman” denotes a female human being of any
age.
The word “person” includes any Company or Association,
11 “Person”
or body of persons, whether incorporated or not.
The word “public” includes any class of the public or any
12 “Public”
community.
The words “servant of the State” denote all officers or
“Servant of the servants continued, appointed or employed in Pakistan,
14
State” by or under the authority of the Federal Government or
any Provincial Government.
The word “Government” denotes the person or persons
17 “Government” authorized by law to administer executive Government in
Pakistan, or in any part thereof.
The word “Judge” denotes not only every person who is
officially designated as a Judge but also every person who
is empowered by law to give, in any legal proceeding, civil
or criminal, a definitive judgment, or a judgment which, if
19 “Judge”
not appealed against, would be definitive, or a judgment
which, if confirmed by some other authority, would be
definitive, or who is one of a body of persons, which body
of persons is empowered by law to give such a judgment.
The words “Court of Justice” denote a Judge who is
empowered by law to act judicially alone, or a body of
20 “Court of Justice” Judges which is empowered by law to act judicially as a
body, when such Judge or body of Judges is acting
judicially.
The words “public servant” denote a person falling under
21 “Public servant”
any of the descriptions hereinafter following, namely:
“Moveable The words “Moveable property” are intended to include
22
property” corporeal property of every description, except land and
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things attached to the earth or permanently fastened to


anything which is attached to the earth.
“Wrongful gain”, "Wrongful gain" is gain by unlawful means of property to
“Wrongful loss”, which the person gaining is not legally entitled.
23 “Gaining
wrongfully”, “Losing "Wrongful loss" is the loss by unlawful means of property
wrongfully” to which the person losing it is legally entitled.
Whoever does anything with the intention of causing
24 “Dishonestly” wrongful gain to one person or wrongful loss to another
person is said to do that thing "dishonestly".
A person is said to do a thing fraudulently if he does that
25 “Fraudulently”
thing with intent to defraud but not otherwise.
A person is said to have “reason to believe” a thing if he
26 “Reason to believe” has sufficient cause to believe that thing but not
otherwise.
Property in When property is in the possession of a person's wife,
27 possession of wife, clerk or servant, on account of that person, it is in that
clerk, or servant person's possession within the meaning of this Code.
A person is said to “counterfeit” who causes one thing to
resemble another thing, intending by means of that
28 “Counterfeit”
resemblance to practice deception, or knowing it to be
likely that deception will thereby be practiced.
The word “document” denotes any matter expressed or
described upon any substance by means of letters,
29 “Document” figures, or marks, or by more than one of those means,
intended to be used, or which may be used, as evidence
of that matter.
The words “valuable security” denote a document which
is, or purports to be, a document whereby any legal right
is created, extended, transferred, restricted,
30 “Valuable security”
extinguished, or released, or whereby any person
acknowledges that he lies under legal liability, or has not
a certain legal right.
31 “A will” The words “a will” denote any testamentary document.
Words referring to In every part of this Code, except where a contrary
32 acts include illegal intention appears from the context, words which refer to
omissions acts done extend also to illegal omissions.
The word “act” denotes as well a series of acts as a single
33 “Act” “Omission” act: the word “omission” denotes as well a series of
omissions as a single omission.
Acts done by several When a criminal act is done by several persons, in
persons in furtherance of the common intention of all, each of such
34
furtherance of persons is liable for that act in the same manner as if it
common intention were done by him alone.
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When such an act


Whenever an act, which is criminal only by reason of its
is criminal by
being done with a criminal knowledge or intention, is done
reason of its being
by several persons, each of such persons who joins in the
35 done with a
act with such knowledge or intention is liable for the act in
criminal
the same manner as if the act were done by him alone with
knowledge or
that knowledge or intention.
intention
Wherever the causing of a certain effect, or an attempt to
Effect caused
cause that effect, by an act or by an omission, is an offence,
36 partly by act and
it is to be understood that the causing of that effect partly
partly by omission
by an act and partly by an omission is the same offence.
Cooperation by
When an offence is committed by means of several acts,
doing one of
whoever intentionally cooperates in the commission of that
37 several acts
offence by doing any one of those acts, either singly or
constituting an
jointly with any other person, commits that offence.
offence
Persons
concerned in Where several persons are engaged or concerned in the
38 criminal act may commission of a criminal act, they may be guilty of different
be guilty of offences by means of that act.
different offences
A person is said to cause an effect “voluntarily” when he
causes it by means whereby he intended to cause it, or by
39 “Voluntarily”
means which, at the time of employing those means, he
knew or had reason to believe to be likely to cause it.
“Offence.” Except
in the chapters
and sections The word "offence" denotes a thing made punishable by
40
mentioned in this Code.
clauses 2 and 3 of
this section
41 “Special law” A “special law” is a law applicable to a particular subject.
A “local law” is a law applicable only to a particular part of
42 “Local Law”
the territories comprised in Pakistan.
The word “illegal” is applicable to everything which is an
“Illegal.” “Legally offence or which is prohibited by law, or which furnishes
43
bound, to do.” ground for a civil action: and a person is said to be “legally
bound to do” whatever it is illegal in him to omit.
The word “injury” denotes any harm whatever illegally
44 “Injury” caused to any person, in body, mind, reputation, or
property.
The word “life” denotes the life of a human being, unless
45 “Life.”
the contrary appears from the context.
The word “death” denotes the death of a human being,
46 “Death.”
unless the contrary appears from the context.
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The word “animal” denotes any living creature, other than a


47 “Animal.”
human being.
The word “vessel” denotes anything made for the
48 “Vessel.”
conveyance by water of human beings or of property.
Wherever the word “year” or the word “month” is used, it
49 “Year.” “Month.” is to be understood that the year or the month is to be
reckoned according to the British calendar.
The word “section” denotes one of those portions of a
50 “Section.” chapter of this Code which are distinguished by prefixed
numeral figures.
The word “oath” includes a solemn affirmation substituted
by law for an oath, and any declaration required or
51 “Oath.” authorized by law to be made before a public servant or to
be used for the purpose of proof, whether in a Court of
Justice or not.
Nothing is said to be done or believed in “good faith” which
52 “Good faith.”
is done or believed without due care and attention.
“Harbour.” Except
in section 157,
and in section 130 The word “harbour” includes the supplying a person with
in the case in shelter, food, drink, money, clothes, arms, ammunition, or
52A which the harbour means of conveyance, or the assisting a person by any
is given by the means, whether of the same kind as those enumerated in
wife or husband this section or not, to evade apprehension.
of the person
harboured
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THE CODE OF CRIMINAL PROCEDURE , 1898

Section
Word/Phrase Definition
Number
"Advocate General" includes a Government Advocate
or, where there is no Advocate General or
4(1)(a) "Advocate General" Government Advocate, such officer as the Provincial
Government may, from time to time, appoint in this
behalf.
"Bailable offence" means an offence shown as
"Bailable Offence."
bailable in the second schedule, or which is made
4(1)(b) "Nonbailable
bailable by any other law for the time being in force;
Offence."
"nonbailable offence" means any other offence.
"Charge" includes any head of charge when the
4(1)(c) "Charge"
charge contains more heads than one.
"Cognizable offence" means an offence for which a
"Cognizable police-officer may, in accordance with the second
4(1)(f) offence." schedule or under any law for the time being in force,
"Cognizable case." arrest without warrant; "Cognizable case" means a
case in which such arrest is possible.
"Complaint" means the allegation made orally or in
writing to a Magistrate, with a view to his taking
4(1)(h) "Complaint" action under this Code, that some person whether
known or unknown, has committed an offence, but it
does not include the report of a police-officer.
"High Court" means the highest Court of criminal
4(1)(j) "High Court." appeal or revision for a province, and the Islamabad
Capital Territory.
"Inquiry" includes every inquiry other than a trial
4(1)(k) "Inquiry."
conducted under this Code by a Magistrate or Court.
"Investigation" includes all the proceedings under this
Code for the collection of evidence conducted by a
4(1)(l) "Investigation." police-officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this
behalf.
"Judicial proceeding" includes any proceeding in the
"Judicial
4(1)(m) course of which evidence is or may be legally taken
Proceeding."
on oath.
"Magistrate" means a Judicial Magistrate and includes
4(1)(ma) "Magistrate" a Special Judicial Magistrate appointed under sections
12 and 14.
"Noncognizable "Noncognizable offence" means an offence for, and
4(1)(n) offence." "Non- "noncognizable case" means a case in, which a police-
cognizable case." officer may not arrest with out warrant.
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"Offence" means any act or omission made


punishable by any law for the time being in force; it
4(1)(o) "Offence." also includes any act in respect of which a complaint
may be made under Section 20 of the Cattletrespass
Act, 1871 (I of 1871).
"Officer incharge of a policestation" includes, when
the officer incharge of the policestation is absent
from the stationhouse or unable from illness or other
"Officer incharge of cause to perform his duties, the policeofficer present
4(1)(p)
a policestation." at the stationhouse who is next in rank to such officer
and is above the rank of constable or, when the
Provincial Government so directs, any other police-
officer so present.
"Place" includes also a house, building, tent, and
4(1)(q) "Place."
vessel.
"Pleader," used with reference to any proceeding in
any Court, means a pleader or a mukhtar authorized
under any law for the time being in force to practise
4(1)(r) "Pleader." in such Court, and includes (1) an advocate, a vakil
and an attorney of a High Court so authorised, and (2)
any other person appointed with the permission of
the court to act in such proceeding.
"Policestation" means any post or place declared,
generally or specially, by the Provincial Government
4(1)(s) "Policestation."
to be a policestation, and includes any local area
specified by the Provincial Government in this behalf.
"Public Prosecutor" means any person appointed
under section 492, and includes any person acting
under the directions of a Public Prosecutor and any
4(1)(t) “Public Prosecutor.”
person conducting a prosecution on behalf of the
State in any High Court in the exercise of its original
criminal jurisdiction.
4(1)(u) “Subdivision.” "Subdivision" means a subdivision of a district.

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