The Handout Notes for BA-LLB student.

Friday, August 16, 2013

Saturday, August 10, 2013

Important Features of Pakistan Penal Code

Jurisdiction Section 1. Title and extent of operation of the Code. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan. Section 4 The provisions of this Code apply also to any offence committed by any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan any person on any ship or aircraft registered in Pakistan...

Term of imprisonment solitary confinement

TERM OF IMPRISONMENT SOLITARY CONFINEMENT Not exceeding six months  a time not exceeding one month exceeding 6 months but not exceeding one month time not exceeding two months Exceeding one year ime not exceeding three months It is clear from the above that a sentence inflicting solitary confinement for the whole term of imprisonment is illegal. It must bear only a portion of the term...

Solitary confinement in PAkistan Penal Code

Solitary confinement Solitary confinement is a punishment or special form of imprisonment in which a prisoner is denied contact with any other persons, excluding members of prison staff. It is considered by some as a form of psychological torture. It is usually cited as an additional measure of protection (of society) from the criminal. It is also used as a form of protective custody. Solitary...

Attempt to escape from custody

ATTEMPT TO ESCAPE FROM CUSTODY The provisions relating to an attempt to escape from custody are contained in sections 224,225, and 225-B of the pakistan penal code. They provide punishment  (a). for a person resisting or obstructing the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, orescaping or attempting to escape from...

Criminal conspricay

CRIMINAL CONSPIRACY Conspiracy differs from oter offences in this respect that in other offences the intention to do a criminal act is not a crime of itself untill something is done amounting to the doing or attempting to do some act to carry out the intention, conspiracy on the other hand consisit simply in the agreement or confederacy to some act, no matter whether it is done or not.  When...

Difference Between Sections 34 and 149 of PPC

To a certain extent both sections are overlapping and both can be invoked against the accused when there is no difference between the object or intention with which the offence is committed. But it was pointed out in a case by Privy Council that there is such difference in the scope and applicability of section 34 and 149 inspite of their similarity. Section  149 is wider in its sweep and...

Common intension and common object

COMMON INTENTION Section 34 of the pakistan penal code deals with constructive criminality i.e., liability of all for acts done by one or   more. This section was introduced in order to meet the cases in which it may be difficult to apportion the liability of each member according to his participation in the commission of the crime. Since it is difficult to distinguish precisely...

Offences against the state

The offences against the state may be classified as under. 1. Waging or attempting or conspiring to wage or collecting men and ammunition to wage war against the government of pakistan (sections 121, 121-A, 122 and 123 of pakistan penaal code.)  2. Assaulting president, or governor of any province with intent to compel or restrain the exercise of any lawful power.( section 124...

Extradition

Extardition means the surrender of fugitive offender by one state to another in which the offender is liable to be punished or has been convicted. The law of extradition is founded upon the broad principle that it is to the interest of Civilized communities that crimes, acknowledged to be such, should not go unpunished, and it is part of the comity of the nations that one state should afford...

Right of Private Defence and Right of private defence of body.

RIGHT OF PRIVATE DEFENCE  Subject to, certain limitations the law gives a right to every person to defend his body or property, or the body or property of another person against unlawful aggression. He may protect his right by his own force or prevent it from being violated. It is a right inherent in a man. But the kind and amount of force is minutely regulated by law. This use of force to...

What is an act excusable on the ground of its being done by accident or misfortune ? Cite illustrations.

ACCIDENT IN DOING A LAWFUL ACT : Section 80 provides that nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. A is at work with a hatchet; the head files off and kills a man who is standing by. Here, if there was no want of proper caution...

Plea of compulsion or necessity

The excuse of necessity or compulsion as a defence for an act cannot be pleaded except as provided in Section 94 of  the Pakistan Penal Code. That section lays down that except murder and offences against the State punishable with  death, nothing is an offence which is done by a person who is compelled to do it by threats which, at the time of doing it,  reasonably...

Offences Relating to Religion

OFFENCES RELATING TO RELIGION  They are provided in section 295 to 298 of pakistan penal code , which are as follow:  1. Injuring or defiling a place of worship, or any object held sacred by any class of persons, with intent to insult the religion of any class of persons. section 295 punishment upto two years with or without fine)  2. Deliberate and malicious acts intended...

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