1
Define criminal conspiracy discuss its
kinds and distinguish it from abetment
CONCEPT OF CRIMINAL CONSPIRACY
Criminal conspiracy is a substantive
offence i.e it is recognized and
punishable offence in its self. it is
different from other offence an intention
to do a criminal act is not a crime in itself
in other offences until something is done
amounting to it whereas conspiracy is an
offence simply on the basis of the
agreement or meeting of minds thus
mere mens res is enough to establish
liability in criminal conspiracy thus
liability can be imposed as soon as an
agreement amounting to criminal
conspiracy is reached.
A conspiracy consists not merely in the
intention of two or more but in an
agreement of two or more than two to do
an unlawful act or to do a lawful act by
unlawful means.
CRIMINAL CONSPIRACY
Most important ingredient of the offence
of conspiracy was the agreement
between two or more persons to do an
illegal act. Conspiracy consisted not
merely in the intention of two or more but
in agreement of two or more to do an
unlawful or to do a lawful act by unlawful
means. 2011 PCrLJ 232
To constitute Criminal conspiracy there
must be an agreement of two or more
persons to do an act which is illegal or
which is to be done by illegal means. 1998
PCrLJ 1486
I. Conspiracy between husband and wife.
Does not warrant prosecution. PLD 1957
PC 92
II. Mode of proof. Evidence should not be
considered in isolation . PLD 1979 SC 53
Relevant Provision
Sec120-A, 120-B , 121-A PPC
Lexical Meaning Of Criminal Conspiracy
When tow when to or more person to do
or cause to do be done
i. an illegal act , or
ii. an act which is not illegal by illegal
means such an agreement is designated
a criminal conspiracy.
ESSENTIAL OF CRIMINAL CONSPIRACY
According to section 120-A following are
the essentials of criminal conspiracy
according to section 120-A of PPC two or
more person in order to establish the
offence of criminal conspiracy it is
necessary that these should be at least
two or more than two persons to such
agreement it is also necessary since an
individual cannot conspire with himself
alone.
I. Two or person
II. Agreement between person
III. Not himself alone
IV. To do illegal act
V. Act will be done
VI. Unlawful act
COMPLETION OF CRIMINAL
CONSPIRACY
The offence of criminal conspiracy is
complete as soon as there is an
agreement between different person to
commit an unlawful act or a lawful act by
illegal means and the person who
entered into such an agreement can be
tried for criminal conspiracy irrespective
of the fact whether any substantive
offence has been committed in
pursuance of the conspiracy or not.
PROOF OF CRIMINAL CONSPIRACY
Conspiracy may be established by direct
or indirect evidence such circumstantial
evidence need to be considered together
and a cumulative effect to be weighed
and given effect according to Article 23
of Qanun-e-Shahadat order 1984 the act
 2
done by one is admissible against the co-
conspirators.
DIFFERENCE BETWEEN CRIMINAL
CONSPIRACY AND ABETMENT
Following are the difference between
criminal conspiracy and abetment
The offence of abetment requires that an
act or illegal omission must take palace in
pursuance of the conspiracy.
The object of the offence of criminal
conspiracy is a bare agreement to
commit an offence.
Object
Form
Abetment is a total complete offence.
Conspiracy is one of the forms of
abetment.
SCOPE
Abetment by conspiracy is narrow in
scope.
Criminal conspiracy is wider in scope.
What are unlawful assembly as well as
define punishments for members of
unlawful assembly.
Definition of unlawful assembly
An assembly of five or more persons who
have mutual intention to commit a crime
or
commit to breach of peace by use of
force and common objects of the group is
to attain something unlawfully from
others
Punishments for Members
Following are the punishments for those
people who are the members of unlawful
assembly
1) Imprisonment which can extend to six
months
2) Fine
3) Both
Punishment for weaponed members
Following are the punishments for those
members who joined the assembly with
deadly weapons
1) Imprisonment which can be extend up
to two years
2) Fine
3) Both
Vicarious liability
Under the Pakistan penal code, if one
person commits a crime in order to
achieve the
common object of his unlawful assembly,
in this case, all of the persons who are the
members of this assembly will be
considered as criminal and vicarious
liability will be imposed upon all of them
Q # 03: Define abetment? Discuss the
criminal liability of an
abettor in different circumstances?
1) Definition of abetment
Abetment is an urging to a person, to do
an act in a certain way or help out
someone in
commission of an act which in an offence
2) Definition of abettor
Abettor is a person who, urges to other
person to commit a crime is called
abettor
3) Kinds of abetment
Following are the kinds of abetment
under the Pakistan Penal Code, Details
are as under
1. Instigation (Uksana)
If a person abetting to another person by
instigating, for commission of an illegal
act or omission which is an offence, it is
called abetment by instigation and
abettor also will be liable for this offence.
So in this type of abetment, instigation
can be directly or indirectly, words,
advices or gesture which are being used
for instigation
 3
2. Conspiracy (Sazish)
If a person abetting to another person by
conspiracy, for commission of an illegal
act or omission which is an offence, it is
called abetment by conspiracy and
abettor also will be liable for this offence.
So in this type of abetment, there must be
a conspiracy and two or more persons
are required
3. Intentional aiding
Aid means help, if a person abetting to
another person by intentional aid, for
commission of an illegal act or omission
which is an offence, it is called abetment
by aiding and abettor also will be liable
for this offence. There can be two or
more person who will be helping the
offender for commission the crime
4) Punishments for abetment
Following is the detail of punishments for
the act abetted by other and acts are
offensive in their
nature. Details are given under Section
109 to 120 of P.P.C
1. Unspecified punishment
If any punishment has not been specified
in the P.P.C for abetment, in this case the
abettor will be punished for the offence
which has been committed in the result of
his abetment to offender
2. Commission of different act
If person abetted who committed a
different act for which he has not been
abetted but in addition to act abetted, in
this case the abettor will be punished for
each of the offence
3. Commission by different way
If person abetted who committed an
offence with a different way, in this case
the abettor will be punished according to
the nature of offence committed
4. Commission of same act
If person abetted who committed the
same act for which he has been abetted
but its result is different, in this case the
abettor will be punished according to the
result of offence committed
5. Presence of abettor on place of
occurrence
If abettor is present at the time of
occurrence of the offence even act is
commited by the person abetted; in this
case the abettor will be punished
according to the nature of the offence
committed
6. Abetment causes death
If person abetted committed an act for
which he has been abetted and if such
abetment causes death to any person, in
this case the abettor will be punished
with imprisonment which can be
consisted on 14 years as well as also will
be liable to fine or both
7. Abettor is public servant
If the person abetted or the abettor is a
public servant, in this case the person
abetted
and abettor will be punished with
imprisonment according to the nature of
offence committed as well as they also
will be fined or both
8. Abettors are more than 10
If the person abetted committed an act
for which he has been abetted by the
persons more than 10 in number, they all
will be punished with imprisonment
which can be up to three years or they
will be fine or both
9. Abettor designing the schedule
If abettor is designing the schedule for
commission of an offence or omission
from not to do which is legal, by fully
knowing the bad results of its designed
schedule, in this case abettor will be
punished with imprisonment which can
be up to seven year in case of
commission of an offence, but if offence
 4
is not committed , in this case abettor will
be kept imprisoned up to three years
10. Abettor designing the schedule is
public servant
If abettor who public servant is designing
the schedule for commission of an
offence or
omission from not to do which is legal, by
fully knowing the bad results of its
designed schedule, in this case abettor
will be punished with imprisonment
which can be up to ten year in case of
commission of an offence, but if offence
is not committed, in this case abettor will
be kept imprisoned up to 205 years or
fine
11. Under section 118 P.P.C
With all conditions of section 118 of P.P.C
under, if abettor is designing the
schedule for commission of an offence or
omission from not to do which is legal, by
fully knowing the bad results of its
designed schedule, in this case abettor
will be punished with imprisonment or
fine or both
7) Objectives of Punishment
Following are the objectives of the
punishment
1) The major objective of the punishment
is the protection of the life from abettor
2) Second objective of the punishment is
the protection of the property of the
people
3) Another objective of the punishment is
the protection of the state and country
4) Theory of punishment aim is the
maintenance of the peace and equality
5) Protection of the culture and morality.
Most important objective is protection of
rights
Q # 07: What is hurt and its different
kinds? Discuss in details.
Definition of hurt
Hurt is one of the criminal act which
causes harm to human body other than
death
Essentials of hurt
The hurt is harm caused to human body
other than death. Following are the
essentials of hurt
1) Causing pain, Harm or injury
2) Causing Disease
3) Causing disabling of any organ without
death
4) Causing dismembering of any organ
without death
Kinds of hurt
Following are the five kinds of hurt under
Pakistan Penal Code. Details are as
under
1.Itlaf-e-Udw
When someone dismembers any organ of
the body of any other person without
causing his death is called itlaf-e-udw
Punishment: in this case, the offender will
be punished with Qisas but where Qisas
is not
executable, the offender will be punished
with imprisonment which can be up to ten
years as tazir
2. Itlaf-i-Salahiyat-i-Udw
When someone destroys the power of
any organ of the body of any other person
without causing his death is called iflaf-e-
Salahiyat-Udw
Punishment: in this case, the offender will
be punished with Qisas but where Qisas
is not
executable, the offender will be punished
with imprisonment which can be up to ten
years as tazir
3. Shajjah
When someone causes harm on the head
or face of the any other person without
causing his death, which does not
amount to itlaf-e-udw and itlaf-e-
salahiyat-e-udw, is called
 5
Shajjah
Following are the kinds of shajjah which
is six provided in Pakistan Penal Code,
these are different types of injuries on
head and face
1. Shajjah-e-Khafifa
When someone causes harm by weapon
on the face or head of any other person
without exposing the bone of victim
2. Shajjah-e-Mudihah
When someone causes harm by weapon
on the face or head of any other person,
but bone of the victim is exposed
3. Shajjah-e-Hashima
When someone causes harm by weapon
on the face or head of any other person,
resulting in fracture of bone of the victim
without dislocating it
4. Shjjah-e- Munaqillah
When someone causes harm by weapon
on the face or head of any other person,
resulting in fracture of bone of the victim
with dislocating it
5. Shajjah-e-Aima
When someone causes harm by weapon
on the face or head of any other person,
resulting in fracture of the skull of the
victim, where wound touches the
membrane of the brain
6. Shajjah-e-Damiyah
When someone causes harm by weapon
on the face or head of any other person,
resulting in fracture of the skull of the
victim, where wound
breaks the membrane of the brain
4. Jurh
When someone causes harm on the body
of any other person other than head or
face, which leaves a temporary or
permanent mark of the wound on the
body, is called Jurh
Following are the kinds of Jurh
Jaifah
When someone causes injury on the body
cavity of trunk of any other person, is
called Jaifa
2) Ghair Jaifah
When someone causes injury which does
not comes under the category of jaifa, is
called Ghair Jaifah
Ghair Jaifah has more six kinds. Details
are as under
a) Damiyah
In which the skin of the injured person is
ruptured and bleeding occurs, is called
Damiyah
b) Badiah
In which the skin of the injured person is
cut without exposing the bone of the
victim is called Badiah
c) Mutlahima
In which the skin of the injured person is
scratched is called Mutlahima
d) Mudihah
In which the bone of the injured person is
exposed is called Mudihah
e) Hashima
In which the bone of the injured person is
fractured without dislocating, is called
Hashima
f) Munaqillah
In which the bone of the injured person is
fractured as well as get dislocate, is
called Hashima
5. All other kinds of Hurt
Following are the other kinds of hurt
under Pakistan Penal Code, details are as
under
1. Hurt by Negligent driving
When someone causes harm to any other
person by negligent driving, in this case
the accused will be punished according
to the nature of harm under PPC by Tazir
2. Hurt by Negligent act other than
driving
When someone causes harm to any other
person by negligent act other than
 6
driving, in this case the accused will be
punished according to the nature of the
harm under PPC by Tazir which can be
imprisonment, fine or both
3. Hurt caused by mistake
When someone causes harm to any other
person by mistake, in this case accused
will be punished according to the nature
of the harm under PPC
4. Hurt by means of poison
When someone causes harm to any other
person by using poison, in this case the
accused will punished with imprisonment
which is up to ten years
Q # 08: Define and differentiate between
Qatl-e-Amd and Qatl-e-
Shiba-e-Amd, along with their respective
punishments.
3) Definition of Qatl
Unlawful killing of one human being by
another human being by an unlawful act
4) Kinds of unlawful Qatls
Following are four major types of
unlawful qatls provided and defined in
the Qisas and diyat ordinance.
1. Qatl-e-Amd
When someone intentionally causing
death of other person by using deadly
weapons, after knowing that his act is
very dangerous and it can cause death, it
is called Qatl-e-
Amd
Punishment for Qatl-e-Amd
Following are the punishments for whom,
who commits Qatl-e-Amd. Details are
as under:
1) Punished with Death as Qisas
2) Punished with Death as Tazir
3) Imprisonment for life as Tazir, the term
of imprisonment can be 25 five
years but not less than 10 years
4) No clause will apply if offence of Qatl-
e-Amd is committed on the name of
honour
Example
A shoots Z, with the intention of killing Z,
and if Z dies, A will be liable for Qatl-e-
Amd
2. Qatl-e-Shiba-Amd
When someone have intention to cause
bodily injury to other by doing an act but
injured person died without mens reus, it
is called Qatl-e-Shibe-Amd
Punishment for Qatl-e-Shiba-e-Amd
Following are the punishments for whom,
who commits Qatl-e-shiba-e-Amd.
Details are as under:
1) He will be punished as Diyat
2) Punished with imprisonment, the term
of imprisonment can be 25 years
Example
An attacks B, with a stick which cannot
become cause of death of B. if B dies as a
result
of such attack. A will be liable for Qatl-e-
Shiba-e-Amd
3. Qatl-e-Khata
When someone caused death of a person
either by mistake of act or by mistake of
fact, and have no intention to cause the
death or cause harm of a person, is called
Qatl-e-
Khata
Punishment for Qatl-e-Khata
Following are the punishments for whom,
who commits Qatl-e-Khata. Details are
as under:
1) Where the death of a person is caused
by negligent act, accused will be
punished with imprisonment with the
term of 5 years as tazir
2) Where the death of a person is caused
by negligent driving, accused will be
punished with imprisonment with the
term of 10 years as Tazir
Example
 7
If A shoots a deer to hunt, but mistakenly
bullet hits a person standing nearby deer
and person dies. A will be liable for Qatl-
e-Khata
4. Qatl-e-Bis-Sabab
When someone caused death of a person
without any intention to cause death or
harm to other, but accused does unlawful
act which becomes a cause of death of
other person, it is called Qatl-e-bis-Sabad
Punishment for Qatl-e-Bis-Sabab
are as under: following are the
punishments for whom, who commits
Qatl-e-Bis-Sabab. Details
1) One who commits qatl-e-Bis-Sabab
shall be liable to Diyat only
Example
If a person A unlawfully digs a pit in the
way without any intention to death or
harm to other, and any person B falls in it
and dies, A will be liable for Qatl-e-Bis-
Sabad
5) Essentials elements of Qatl
Following are essential elements of Qatl.
Details are being given as under
1) There must be death of human being
2) Weapon may be used under some
circumstance
3) Such death must be caused by doing
an act
4) Act should be unlawful or dangerous
5) There must be intention to death under
some circumstances
6) There should be mistake of fact or
mistake of act
7) Knowledge about act that, it is likely
can cause death
: Define theft and extortion? What are
the distinguishing
features between these two?
1) Definition of extortion
The practice of obtaining something
specially money or other property from
people by use of force or threat is called
extortion
2) Definition of theft
A criminal act in which property of
another is stolen without the consent of
the owner
3) Explanation of extortion
If A get pressurizes to B, to sign on a
blank paper by putting him in fear of
death or grievous hurt, B signs and
delivers the paper to A. And A converts
the signed paper into valuable security. A
has committed extortion
4) Essential elements of extortion
Following are the essential elements of
extortion. Details are being given below.
1. Intention
Intention is an essential element of
extortion. As we already are aware that if
a person is not guilty of any offence until
his mind is also guilty. It means that to
establish the offence of extortion, guilty
mind of accused has to be proved
2. Threat of injury
Threat of injury is an essential element of
extortion. The threat of injury must be
present to deliver any property to
accused and such injury can be in body,
mind, reputation or property.
3. Delivery of property or valuable
security
Delivery of property is an essential
element of extortion. The property or
valuable security should be delivered by
the person who is in fear of injury to
accused
4. Inducement (Amada Krna)
Inducement is an essential element of
extortion. If a person is induced to deliver
his property to accused by fear of an
injury, it is an offence of extortion, if
possession was
obtained peacefully there is no extortion
5) Punishment for extortion
 8
Under Pakistan Penal Code, following is
the punishment for whom who commits
extortion against other person by use of
unfair means such as use of force, threat
or violence etc.
1) Imprisonment with the term of three
years
2) Fine can be imposed
3) Both, imprisonment and fine
6) Punishment for putting a person in fear
of injury
Under Pakistan Penal Code, following is
the punishment for whom who commits
extortion against other person by
keeping them in fear of injury
1) Imprisonment with the term of two
years
2) Fine can be imposed
3) Both, imprisonment and fine
7) Punishment for putting a person in fear
of Death
Under Pakistan Penal Code, following is
the punishment for whom who commits
extortion against other person by
keeping them in fear of death
4) Imprisonment with the term of ten
years
5) Fine can be imposed
6) Both, imprisonment and fine
8) Punishment for putting a person in fear
of Grievous hurt
Under Pakistan Penal Code, following is
the punishment for whom who commits
extortion against other person by
keeping them in fear of grievous hurt
7) Imprisonment with the term of seven
years
8) Fine can be imposed
9) Both, imprisonment and fine
9) Punishment for putting a person in fear
of accusation of
offence
Under Pakistan Penal Code, following is
the punishment for whom who commits
extortion against other person by
keeping them in fear of accusation of an
offence
10) Imprisonment with the term of ten
years
11) Fine can be imposed
12) Both, imprisonment and fine
10) Punishment for putting a person in
fear of accusation of
offence punishable with death or life
imprisonment
Under Pakistan Penal Code, following is
the punishment for whom who commits
extortion against other person by
keeping them in fear of accusation of an
offence punishable with death or life
imprisonment
13) Imprisonment with the term of ten
years
14) Fine can be imposed
15) Both, imprisonment and fine
11) Types of crimes in Pakistan
Following are the types of crime in
Pakistan which are punishable under the
Pakistan penal code
1) Murder
2) Rape
3) Robbery
4) Theft
5) Undue influence
6) Corruption
7) Cyber crime
8) Human trafficking
12) Objectives of Punishment
Following are the objectives of the
punishment
1) The major objective of the punishment
is the protection of the life from offender
2) Second objective of the punishment is
the protection of the property of the
people
3) Another objective of the punishment is
the protection of the state and country
 9
4) Theory of punishment aim is the
maintenance of the peace and equality
5) Most important objective is protection
of rights and liberties of the people
6) The biggest aim of punishment is to
disgrace the crimes and criminal
activities
7) To prevent the other members of the
community from repeating of crimes
What is meant by Hadd and Tazir? How
many hadd
offences are there in Islam? Differentiate
between two.
1) Definition of Hadd
Legally Hadd means those punishments
whose limit has been defined in the Holy
Quran and
Hadith
2) Definition of Tazir
Legally Tazir means those Punishments
“where Judge is authorized to fix the
nature of
punishment which may be fine, death,
imprisonment, compensation etc against
violation of
individual rights.
3) List of Hadd offences
Some jurists have presented its seven
kinds which are as under,
1. Unlawful sexual intercourse
zina in Islamic is unlawful sexual relations
between Muslims who are not
married to one another through a nikah
(Islamic marriage) Proof of Zina Offence
should be proved by testimony of four
eligible witnesses who present evidence
of actual penetration (Dakhool)
Or accused (Mulzim) must confess four
times Punishment of Zina
A. In case of Married
In case of married the punishment for
zina is death by stoning
B. In case of Un-married
In case of non-married, the punishment is
100 lashes
2. Defamation
Any Person who is competent and adult
whether male or female, slave or free,
falsely charges unlawful sexual
intercourse without eyewitness is liable
for Qadf. Proof of Defamation Offence
should be proved by confession Or
testimony of two adult male free Muslims
Punishment of Defamation Punishment
for Qadf is 80 stripes for free person And
40 stripes for slave
3. Drinking of Wine
Muslims are not allowed to drink wine
because it will be considered a sin to
have a beer whatever the quantity and
this is punishable act Proof of drinking
vine Crime should be proved by two adult
male eligible Muslims
4. Theft This is the action or crime of
stealing. If offender takes something
from custody of safe place
By stealing property with the value of ¼
dinar according to majority. He should be
punished for theft by Hadd Punishment
Cutting of right hand from joint of wrist if
theft is committed first time
5. Robbery
The taking of money or goods from the
possession of another by force
It may be robbery from travellers who are
far away from home
It may be armed entrance into a private
home
Punishment
Death by beheading (Sar Qalam Krna)
Cutting off hands or foot
Life Imprisonment
6. Apostasy
Act of converting to another religion, by a
person who was born in
a Muslim family or who had previously
accepted Islam after awareness of
 10

penalty which is death for men and 5. Pardon of Sentence

physical punishment for women Pardon can’t be granted in Hadood cases
7. Rebellion Pardon may be granted in Tazir cases
Rebellion is an act of armed resistance 6. Operation of Mistake
against state and it also comes into the Doubt or mistake can effect the penalty of
Hadd , Hadood cases
its punishment is death or life Doubt or mistake can’t effect the penalty
imprisonment of Tazir cases
4) Difference between Hadd and Tazir 7. Rule of testimony
Being Muslims, it is obligatory(lazmi) for The evidence of women is not acceptable
us to accept wholeheartedly all the in Hadood Cases
tenets of Islam. Hadd crimes are crimes The evidence of women is acceptable in
against ALLAH’s Law. Tazir crimes are Tazir cases, but the nisab of one man and
crimes against society. two women will have to keep in view
Islam has defined two kinds of 8. Standard of evidence
punishment namely Hadd ,Tazir. In hadood ,the standard of evidence is so
Punishments for Hadood are integral part high as to number, qualification and
of Islam which can’t be reduced by conditions of witness because any doubt
Judge. In Tazir crimes, judges are can prevent the implementation of hadd
authorized to fix the nature of punishment punishment
on their own discretion (Sawabaydeed) In Tazir,Standard of evidence is not so
Following are the some point of high
distinction between hadd and tazir 9. Mention of Offences
1. As to Object Some jurists listed seven hadd offences.
The object is hadd is prevention of a 1. Murder
crime by following the principles laid 2. Apostasy from Islam
down in the Quran and limits prescribed 3. Robbery
by ALLAH The object of Tazir is 4. Theft
reformation and correction of the 5. Adultery
offender 6. Defamation
2. As to procedure 7. Rebellion
The procedure of trial in Hadd is 8. Alcohol drinking
complicated The procedure of trial in Tazir offences has not been mentioned
Tazir is Simple, according to some because they are innumerable (Angint)
jurists, Judge can judgment on 10. As to discretion
basis of his own knowledge In Hadood crimes ,judge can’t exercise
3. As to Right his discretion(Raye/Sawabaydeed)
Violation of rights of ALLAH gives raise to In Tazir crimes, Judge can exercise his
Hadood Punishments Violation of rights discretion
of Individual gives raise to Tazir 11. Replacement
Punishments Hadd punishment can be dealt with under
4. Change of Sentence Tazir
The penalty of Hadd can’t be commuted In Tazir the punishment of Hadood can’t
The penalty of Tazir can be commuted be enforced
 11
Q # 11: What is Qazf? When it is liable to
Hadd and when to tazir
and how it is proved?
1) Definition of Qazf
When someone falsely makes an
allegation of zina to other person either
by words or written sswith the intention
to harm the reputation of such person is
called Qazf
2) Essential elements of Qazf
Following are the essential elements of
Qazf. Details of these elements are being
given below.
2. There should be an accusation of zina
In order to establish Qazf, if the
accusation of zina by one person against
another person is proved, slanderer will
be liable for punishment against his
criminal act. If an accusation is not
available in this case punishment will not
be given
3. An accusation should be false
In order to establish Qazf, if an
accusation of zina is proved false, in this
case slanderer will be liable for
punishment against his criminal act, if the
allegation of zina is proved to be true and
made for public good, in this case
punishment will not be given
4. An accusation should be clear by
words
In order to establish Qazf, if an allegation
of zina is clear by words either spoken or
written, in this case slanderer will be
liable for punishment against his criminal
act, if
the words are not clear, in this case
punishment will not be given
3. And accusation should harm the
reputation
In order to establish Qazf, if the
statement of an allegation of zina has
been given in order to harm the
reputation of other person, in this case
slanderer will be liable for punishment
against his criminal act
4) Kinds of Qazf
Following are the two kinds of Qazf
1) Qazf liable to Hadd
2) Qazf liable to Tazir
1. Qazf liable to Hadd
When an adult intentionally and clearly
commits Qazf of Zina against a person
who never having sexual intercourse
except his lawfully wedded spouse, such
kind of qazf
is liable to Hadd
5)Proof of Qazf liable to Hadd
Following are the proof which is
necessary to establish the Hadd
punishments
1) When slanderer confesses his guilt
before the court of law
2) When the slanderer makes an
imputation before the court of law
3) When at least two Muslims give
testimony before the court of law after
process of Tazkiya Tu Shahood against
slanderer that slanderer is falsely
accusing of zina
6)Punishment of Qazf liable to Hadd
Following are the punishments for
slanderer who commits Qazf liable to
hadd and his statement proved false
1) If the allegation of zina is proved false
by the court of law, the person who is
liable to Qazf will be punished eighty
strips against his Qazf Conditions in
which hadd shall not be imposed
Following are the conditions in which the
punishment for Qazf will not be imposed
upon slanderer. Details are as under
1) When slanderer commits qazf against
any of his relative
2) When either slanderer or person
slandered died during the judicial
proceedings
 12
3) When allegation is proved true
4) When person slandered withdraws the
case
5) When number of witnesses are less
than two
7)Who can file case against Qazf
No proceedings under this Ordinance
shall be initiated unless the report is
lodged before the court
1) If the person slandered is alive, he
himself or other person on behalf of him
can file the case against slanderer in the
court for punishment
2) If the person slandered is dead, in this
case any of the ascendants or
descendants of deceased person can file
the case against slanderer in the court
for punishment
2. Qazf liable to Tazir
Qazf of liable to tazir is established when
it is not liable to hadd, and there is no
evidence or testimony is available
against his false accusation fo zina
against a person,
in this case the punishment of Tazir will
be imposed upon him Punishment of Qazf
liable to Tazir
Following are the punishments for
slanderer who commits Qazf liable to
Tazir
1) Imprisonment with the term of two
years, imprisonment can be
rigorous or simple
2) Will be punished 40 strips
3) Fine
8) Objectives of Punishment
Following are the objectives of the
punishment
1) The major objective of the punishment
is the protection of the life from offender
2) Second objective of the punishment is
the protection of the property of the
people
3) Another objective of the punishment is
the protection of the state and country
4) Theory of punishment aim is the
maintenance of the peace and equality
5) Protection of the culture and morality
6) Most important objective is protection
of rights and liberties of the people
7) The biggest aim of punishment is to
disgrace the crimes and criminal
activities
8) To prevent the other members of the
community from repeating of crimes
Discuss actus reus and mens rea as
components in commission of crime?
1) Definition of actus reus
Actus reus is the Latin term which is used
to describe a physical activity that harms
another. In order to establish liability, the
lawyers will have to prove that the
criminal was responsible
for the act
2) Definition of mens rea
Mens rea is the Latin term which is used
to describe a mental intension of the
criminal for the commission of unlawful
act. In order to establish liability, the
lawyers will have to prove the mental
intention of the criminal behind the
unlawful act
3) Forms of mens rea
Following are the forms of mens rea.
Details are as under. Following of the all
forms make liable
offender punishable under the Pakistan
Penal code.
1. Intention
Intention is an essential element to
commit an offence. Because offender
knows that due
to his commission of a certain act a
specific result will occur. That’s why,
severe
 13
punishments have been attached with
the crimes which is committed
intentionally
because offender knows that a specific
result will occur
2. Recklessness (Ghaflat)
Recklessness is an essential element
to commit an offence. Because offender
knows the
subsequent risks which will be occurred
after the commission of a certain act but
offender
knowingly ignores them and takes the
risks. That’s why severe punishments
have been
attached with the crimes
3. Negligence
Negligence is an essential element to
commit an offence. Negligence means
when
someone fails to give enough care for
doing something that he was responsible
for, is
called negligence, if the offender was
aware the risk and decided to take it, he
was
reckless if he was unaware of the risk but
he must be aware of it, he was negligent,
under
the Pakistan penal code reckless man
will liable and the negligent will not be
liable.
4. Strict liability
Strict liability is an essential element to
make offender liable. Strict liability is the
case
where mens rea is not required. Offender
will be held responsible for the criminal
offence
at the same time when he committed that
illegal act. They are not severe offence
and
have not severe punishments
4) Forms of actus reus
Following are the forms of actus reus.
The actus reus in criminal law consists of
all elements of a
crime other than the state of mind of the
offender
1. Conduct
The conduct is major element of any
actus reus. Such conduct can be
consists of some
acts. If the Conduct is voluntary act, in
this case severe punishments have been
attached
with the crimes which has been
committed voluntary because offender
knows that a
specific result will occur
If an offender conducting an act under a
strong pressure or involuntary for
example he is
being threaten that he will be killed if he
does not commit a certain act, so in this
case, he
will not be liable for crime
2. Omission
The omission is also an element of any
actus reus. Omission is basically a failure
to do
something; according to this a person
can be liable for a crime when he does
not perform
his duty positively as decided.
For example, a person who has been
hired on beach for saving the life of
people and he is
under duty but if before him a four foot tall
child drown in five food deep pool, and he
is
not saving him from drowning , he is
committing the crime by omission, and
under the law
he will be considered criminal
3. Result
 14
The result is also an element of any actus
reus because it is relate to the result of
the act
or omission of the offender. It is possible
that the conduct may not be criminal but
the
result of the conduct can be criminal,
For example, it is not a crime to throw a
stone, but if it hits a person or breaks a
window in
this situation it would be considered as
criminal act and offender will be liable for
punishment under the law
5) Coincidence of actus reus and mens
rea
Generally, in order to make a person
liable for his wrongful act, following two
things must
be proved.
Actus reus + Mens rea = Criminal liability
It means that criminal liability only can
be imposed upon a person where there is
combination of actus reus and mens rea
is exist, no liability can be imposed if any
of them
is missed at the time of occurrence. They
must be in combination at the time of
occurrence
6) Exceptions to General rule
Generally, it is true that criminal liability
can only be imposed upon a person for
his
wrongful act with the presence of actus
reus and mens rea. But in some cases a
person
can be held liable for his wrongful act in
the presence of either of the element
1. Without actus reus
In case of conspiracy (Sazish) against
state, there is no actus reus but only
mens rea, in
this case the person would be held liable
for criminal act. There is no need to prove
actus reus in this case
2. Without mens rea
There is no mens rea but only actus reus,
in this case the person would be held
liable for
criminal act such as violation of traffic
rules etc.
Define crime and tort, and difference
between tort
and crime. Also
explain the essentials and types of crime.
1) Definition of crime
Crime is an act which violates the public
rights which have been legally
recognized by the
state and are punishable under the law
2) Definition of Tort
A tort is an act which injures someone in
some way and after getting injury the
injured
person can take legal action against
wrong doer for recovery of damages
3) Difference between tort and crime
Following are the differences between
law of tort and criminal law. Details are as
under
1. As to parties
In law of tort, parties are known as
plaintiff and defendant
In criminal law, parties are knows as
state and accused
2. As to punishment
In tort, tortfeasor has to pay damages
In criminal law, criminal are sent to
prison
3. As to procedure
In tort, proceedings are regulated by civil
procedure In criminal law, proceedings
are regulated by criminal procedure
4. As to intention
Intention is not relevant in tortious act
Intention is the crux of the case in
criminal act
5. As to defense
Necessity is a defense in tortious act
 15
Necessity is not a defense in criminal act
6. As to compromise
In tort, compromise is permissible
In criminal law, compromise is not
permissible
7. As to prosecution
In law of tort, legal action is taken by
injured person
In criminal act, legal action is taken by
state
8. As to codification
Law of tort is not codified
Criminal law is codified in Pakistan penal
code
9. As to position of minor
In tort, minor is liable for tortious act
In criminal act, minor is not liable for
criminal act who is under seven year
10. As to wrong doer
Wrongdoer is called tort feasor
Wrongdoer is called accused
11. Nature of right violated
Tort is violation of rights of individuals
Crime is violation of rights of whole public
12. As to role of state
In tort state only provides a machinery of
justice
In crime, state has to play a significant
role
4) Essentials of crime
Following are the essentials of crime.
Details are given as under.
1. Human being
The first and most important essential of
a crime is that the act must be committed
by a
human being who:
Is being capable to commit a crime
Has attained the age of majority
Is not lunatic
Section 11 of PPC provide that the word
person includes a company or
association or a
body of a person whether corporated or
not
2. Mens rea
The second important essential of a
crime is mens rea or mental intention.
There is no
liability of a crime upon accused until he
has no mental intention to commit a
crime.
Even in strict or absolute liability some
mental elements are required. That’s why
mens
rea is a basic principle to held liable
under the Pakistan penal code
Mens rea is the Latin term which is used
to describe a mental intension of the
criminal
for the commission of unlawful act. In
order to establish liability the lawyers will
have to
prove the mental intention of the criminal
behind the unlawful act. Qatal-e- Amd is a
situation of mens rea in his nature
3. Actus reus
The third important essential of a crime is
actus reus. Unlawful commission or
omission
is actus reus which is a physical practice
of the accused. It is said that actus reus
has its
roots in mens rea mean once an accused
decides to commit or omit something
wrong
which is his mental intention , while the
actus reus is the reaction of his mental
intention.
Actus reus is the Latin term which is used
to describe a physical activity that harms
another. In order to establish liability the
lawyers will have to prove that the
criminal
was responsible for the act
4. Injury
 16
The basis essential of a crime is an injury
which show that there has been a crime
committed against which injury made,
there are several types of injury such as
mental
torture, loss of safety, reputation hurting
or property loss as well as violation of
private
and public rights also are caused by
tortious act. Injury includes all loses
which produces
after the commission or omission of a
criminal act.
5) Objectives of criminal law
Following are the objectives of the
criminal la
The purpose or objectives of criminal law
is the protection of the rights of persons,
right of
property and right of reputation are
included in this law.
The primary objective of the criminal law
is to punish the accused against the
violation of
public and private rights legally
recognized
The third objective of criminal law is to
stop those who intentionally or
negligently violates
the right of others
6) Types of crimes in Pakistan
Following are the types of crime in
Pakistan which are punishable under the
Pakistan penal code
1) Murder
2) Rape
3) Robbery
4) Theft
5) Undue influence
6) Corruption
7) Cyber crime
8) Human trafficking
9) Attempt to suicide
PUNISHMENT:
DEFINITION OF PUNISHMENT:
According to Black’s Law dictionary “Any
fine, penalty or confinement inflicted
upon a person by the authority of the law
and the judgment and sentence of a
court, for some crime or offence
committed by him or for his omission of a
duty enjoined by law.”
KINDS OF PUNISHMENT UNDER
SECTION 53:
The punishments to which offenders
are liable under the provisions of P.P.C
are as under.
1. Qisas
2. Diyat
3. Arsh
4. Daman
5. Tazir
6. Death
7. Imprisonment for life
8. Imprisonment which namely
Rigorous i-e. with hard labour
Simple
9. Forfeiture of Property
10. Fine
I) QISAS
Qisas means to follow the path
followed by the other. Literary
Meaning the term Qiasa is literally
derived form Al Qasas which means to
follow in someone footsteps.
According to justice Qurban ali Shah
Qisas means punishment by causing
similar hurt at the same part of the
body of the convict as he has caused
to the victim or by causing his death if
he has committed Qatl-I Amd in
exercise of his right of the victim or a
wali.
According to section 299 (K) of PPC:
“Qisas means punishment by causing
similar hurt at the same part of the
body of the convict as he has caused
17
to the victim or by causing his death, if
he has committed qatll-i-amd in
exercise of the right of the victim or a
wali.
A. EXCEPTION OF QISAR:
There are four cases in which qisas is
not applicable on the offender.
DEATH OF OFFENDER:
Where the offender dies before the
enforcement of qisas.
WAIVER BY WALI:
Where right of qisas is waived by any
Wali.
RIGHT OF QISAS DEVOLVES ON
OFFENDER:
When the right of qisas devolves on
the offender as result of the death of
the Wali of the victim.
WALI HAS NO RIGHT OF QISAS:
Where right of Qisas devolves on the
person who has no right of qisas
against the offender e.g. the son
cannot enforce qisas against his
father.
(II) DIYAT:
Diyat means the compensation
granted to the heirs of the victim by the
offender only in cases of Qatl and not
in cases of hurt. It is payable only in
cases where an offender guilty of
qatle-I-amd is not liable to qisas or
where qisas is not enforceable.
ACCORDING TO SECTION 299 (E)
: “Diyat means the compensation
specified in section 323 payable to the
heirs of the victim.”
Value OF DIYAT U/SEC 323:
The court shall subject to the
injunctions of Islam, as laid down in the
Holy Quran and sunnah, and keeping
in view the financial position of the
convict and the heirs of the victim, fix
the value of diyat which shall not be
less than the value of thirty thousand
six hundred and thirty grams of silver.
(III) ARSH:
Arsh is the kind of compensation
payable at the causing of hurt.
ACCORDING TO SECTION 299 (B)
Arsh means the compensation
specified in P.P.C to be paid to the
victim or his heir.”
VALUE OF ARSH:
The value of Arsh will be assessed at
certain percentage indicated various
provisos of the value of diyat u/sec 323
P.P.C.
MODE OF PAYMENT:
The Arsh will be payable in lumpsum
(at once) or in installments spreading
over three years from the date of final
judgment.
FAILURE TO PAY ARSH:
In case of default, the offender may be
kept in jail to serve the simple
imprisonment until Arsh is
paid in full. It may be awarded in the
following sections.
◆Section 334 P.P.C.
◆Section 337 P.P.C.
(IV)-DAMAN:
The word Daman is actually Dhman. It
means compensation which is
determined by the court.
ACCORDING TO SECTION 299 (D):
“Daman means the compensation
determined by the court to be paid by
the offender to the victim for causing
hurt not liable to arsh.”
VALUE OF DAMAN:
The value of daman will be determined
by the court, keeping in view:
1. The expenses incurred on the
treatment of the victim.
2. Loss or disability caused in the
functioning or power of any or organ.
The anguish suffered by the victim.
18
(V) TAZIR:
According to section 299 (l):
“Tazir means punishment other than
Qisas, Diyat, arsh or Daman.”
PUNISHMENT OF TAZIR:
Tazir may be inflicted by imposition of
Fine, imprisonment etc. It is the
punishment which is left to the
discretion of the judge or court.
(VI) DEATH:
Death is the capital punishment that
may be awarded for certain offences
under P.P.C. Such as:
Waging war against Pakistan u/sec
121 P.P.C.
Murder u/sec 302· . P.C
Hijacking u/sec 40-B, P.P.C etc.
(VII) IMPRISONMENT FOR LIFE:
Life imprisonment (also known as a life
sentence, lifelong confinement) is any
sentence of imprisonment for a crime
under which convicted persons are to
remain in prison for the rest of their
lives. Sentence of imprisonment for
life means, for remaining span of
natural of the convict, which is
accepted as being of 25 years
duration.
Following are some of the offences,
where it may be inflicted, as
punishment.
Sedition u/sec 124-A P.P.C,
Counterfeiting Pakistan coin u/sec 232
P.P.C.
Punishment for murder under section
302 P.P.C.
(VIII) IMPRISONMENT:
Imprisonment means confinement of
convict within certain prescribed
limits. The maximum period Fourteen
years under section 55 P.P.C and the
shortest term provided for an offence
is twenty four hours under section 510
P.P.C. There are two Kinds of
Imprisonment:
Rigorous
In the case of rigorous imprisonment,
the offender is put to hard labour such
as digging earth, drawing water etc.
Simple
In the case of simple imprisonment,
the offender is confined to jail and is
not put to any kind of work.
(IX) FORFEITURE OF PROPERTY:
Forfeiture of specific property may be
awarded as punishment in the
following sections,
Section 126, P, P.C
Section 127, P.P.C
Section 169, P.P.C
(X) FINE:
Fine is the punishment which may be
awarded in some offences alongwith
the imprisonment. Fine is the only
punishment provided for in sections.
◆137,154.156,156,171-G, 171-H, 171-
I, ,278.283., 290 and 294A, P.P.C
DIFFERENCE BETWEEN SECTION
Common Intention 34 AND Common
Object 149 OF PPC
1 NUMBER OF PERSONS:
1. Section 34 may apply to all case
where the culprits are more than one.
2. Section 149 can apply only to cases
in which culprits are five or more.
2 MEETING OF MIND:
1. Section 34 requires a pre-concert or
meeting of mind.
2. Section 149 will apply even if there
was no prior meeting of mind.
3 PARTICIPATION:
1. Element of participation in action is
necessary to constitute common
intention.
2. In Section 149 only membership of
unlawful assembly at the time of
occurrence of offence is sufficient.
19
4 PRESENCE OF ACCUSED:
1. In Section 34, all the accused must
be present on the spot.
1.2. In section 149, it is not necessary
that the accused must be present at
the time of the commission of the
offence.
WRONGFUL RESTRAINT MEANING
AND DEFINITION
The expression "wrongful restrairit"
implies keeping a man out of a place
where he wishes a right to be.
Scope and applicability of section 339
Section 339 relates to voluntary
obstruction by a person and not to
obstructions which are not voluntarily
continued by persons accused of
obstruction throughout the time it
lasts. Before a person can be
convicted of an offence of wrongful
restraint, the prosecution must prove
that the complainant had a right as
distinguished from a license to
proceed in a particular direction or
that he had a right of way.
FIR section 154 Cr.P.C. Pakistan –
First Information Report
First information is construed as the
earliest communication or intimation
of crime to the state agency, to set it in
motion to under take investigation.
Such information irrespective of its
brevity or length has to convey the
relevant information pertaining to the
nature and place of occurrence
including description of victim of
violence.
The object of section 154 of Cr.P.C. is
two fold; from the point of view of
information its objection is to set the
criminal law in motion, from point of
view of investigation it’s to collect
evidence for tracing and bringing the
culprits to justice.
Essential ingredients of FIR
Commission of cognizable of fence
shall be reduced to writing signed by
person giving this information
substance shall be entered in book.
Prior to registration of FIR, a report in
daily diary of police station is
recorded. Number, time and date of
such report are specially mentioned in
column 1 of FIR. Another report is
entered after FIR is recorded and is
allocated an independent number in
the register.
Who can lodge an FIR?
Machinery of law can be set in motion
by any person who need not
necessary be a resident of locality
where an offense takes place.
Evidentiary value of FIR
FIR is not a sacrosanct or substantive
piece of evidence and is only
information to put machinery of law
into motion However, at the same time
it certainly furnishes a clue to possible
truth of the allegation against the
accused, as it is the earliest version of
the prosecution case. In case of false
FIR section 182 of Cr.P.C. deals with
punishment.
Supplementary statement (also known
as Tatima Biyan ) is recorded u/s 161
Cr.P.C. is not signed or thumb marked.
20
Supplementary statement cannot be
considered as part or read as part of
FIR. No provision exists in the criminal
procedure code about the
supplementary statement which is
always recorded in order to fill the
lacuna in prosecution case.
Delay becomes a secondary factor if
eye-witness account coupled with
medical evidence inspires confidence.
When explanation for delay in giving
the FIR is satisfactory the delay is not
a material significance.
Second FIR is not barred in
appropriate cases disclosing
cognizable offense, partially the cases
of counter version. Registration of
second FIR embodying the counter
version of case is neither legally
barred nor can such an FIR be refused
to be registered.
Instances where FIR can be quashed:
 Lawful marriage between adults.
 Matter of civil nature.
 Evidence not sufficient
Following are remedies against FIR,
section 169, 551, 63,190,249-A and
265-K Cr.P.C.
First information report is very
important in criminal trial. In final
decision of criminal case first
information report play important role.
Right of Private Defence | Private
Defense Laws in Pakistan
Right of Private Defence
According to section 96 of Pakistan
Penal Code, “nothing is an offence
which is done in the exercise of right of
private defence”. Every person ahs
right to defend (under subject to some
restriction hereinafter contain);
 His body or body of any other
person against an offence
effecting human body
 The property weather moveable
or immovable of himself or any
other person against theft,
extortion, mischief and criminal
trespass
 Right of private defence against
the act of person of unsound
mind
Exception to the right of private
defence/ Acts against which there is
no right of private defence
According to section 99 of PPC there
are following exceptions to the right of
private defence;
 There is no right of private
defence against an act which
doest not reasonably cause the
apprehension of death of
grievous hurt done by public
servant in good faith.
 Directing by public servant in
good faith
 When person has time to have
recourse to the public
authorities
 It cannot extend to inflicting
more harm than is necessary to
inflict
When Right of Private sof body extend
to cause Death
According to section 100 PPC, the
right of body extends, under the
restriction mentioned in section 99, to
21
voluntary causing death or any other
harm to assailant if;
 There is apprehension of death
from assault
 Apprehension of grievous hurt
 Intention of committing rape
 Intention of committing un-
natural lust
 Intention of kidnapping or
abducting
 Intention of wrongfully confining
a person, when he apprehend
that he be unable to recourse to
public authorities for his release.
When Right of Private Defence of
property extend to causing Death
The right of private defence extends
under restriction mentioned in section
99, to voluntary causing death or any
other harm if;
 There is apprehension of
robbery
 Apprehension of house-breaking
by night
 Mischief by fire committed on
any dwelling place
 Theft, mischief or house
trespass and danger of death or
grievous hurt
Kidnapping & Abduction in PPC |
Punishments & Definitions
Kidnapping & Abduction
Kidnapping
 Kidnapping from Pakistan
 Beyond the limits of Pakistan
 Without consent of person
 Kidnapping from lawful
guardianship – 361
 Takes or entices away any minor
 Male under age of 14, female
under age of 16
 Person of unsound mind
 Out of lawful guardian without
consent of such guardian
Abduction – 362
 Compel any person by force
 Induces by deceitful means
Punishments of Kidnapping &
Abduction
 Punishment of kidnapping; up to
7 year – 363
 Kidnapping or abduction in
order to commit murder; up to 10
year
 Kidnapping or abduction a
person under age of 14;
punishment death, IOL, 14 year –
364.A
 Kidnaping or abduction with
intent secretly and wrongfully
confine person; 7 year – 365
 Kidnapping or abduction for
extorting property or valuable
security; Death, IOL – 365.A
 Kidnapping or abduction or
inducing woman to compel for
marriage etc. ; IOL – 365.B
 Kidnapping or abduction in
order to subject person to
unnatural lust; Death, 25 year –
367.A
Right of Private Defence in Pakistan
Penal Code
Robbery & Decoity
In all robbery there is either theft or
extortion;
22
When theft is robbery;
 During committing theft
 Cause or attempting to cause
death, hurt, restrain or fear
When extortion is robbery;
 During committing extortion
 Putting person in fear of instant
death, hurt and restraint
 Punishment for robbery; 3 year
to 10 year – 392
 Punishment for attempt to
commit robbery; 7 year – 393
 Punishment for causing hurt
while committing robbery; 4 to
10 year – 394
Decoity – 391
 Five or more persons conjointly
commit
 Person present or aiding such
offence also includes
 Punishment of decoity; 4 to 10
year – 395
 Punishment of decoity with
murder; Death, IOL, 4 to 10 Year
– 396
 Punishment of robbery or
decoity with attempt to cause
death or grievous hurt; 7 year
minimum – 397
 Attempt to commit decoity or
robbery armed with deadly
weapon; 7 year minimum – 398
 Making preparation for decoity;
IOL, up to 10 year – 399
Defamation
Followings are ingredients of
defamation u/s 499 PPC
1. by words, signs or visible
representation
2. marks or publish any imputation
3. intended to harm the reputation
of any person
Explanations
 imputation about deceased
person which hurt the feelings of
his family
 imputation concerning company
 imputation made ironically or
alternative
 imputation must lower the
morale, credit or respect of
person
Exceptions of Defamation
Followings are the 10 exceptions of
defamation
 imputation of truth in public good
 public conduct of public servant
 conduct of person touching
public question
 merits of public performance
 publishing the reports or
proceedings of court of law
 merits of case in court of law
 censure of person having
authority over another (master
and servant)
 accusation to authorized person
i.e. person having authority
(accusation to master of servant)
 imputation for protecting the
interest of other
 to caution other person against
some loss
Punishment of defamation u/s 500 PPC
23
 may extend to 2 year or fine or
both
 originator of defamatory
imputation may extend to 5 year
or fine minimum 100,000/- or
both
Offence is bailable, non-cognizable
and compoundable
Trial of offences by court of Sessions
and must decide within period of 90
days – 502A
Printing or engraving matter known to
be defamatory; Punishment up to 2
year or fine or both – 501
Sale of printed or engraved substance
containing defamatory material;
Punishment up to 2 year
Difference between Wrongful
Restraint and wrongful obstruction
a. Nature of obstruction
In wrongful restraint, the curtailment
of restraint is partial while in wrongful
confinement curtailment of liberty is
total.
b. Area of obstruction
Wrongful restraint keeps a man out of
place where he wishes to be. Wrongful
confinement keeps the man struck
within certain circumscribed limits.
c. Restriction on movement
In wrongful restraint, the person is
restrained to proceed in a particular
direction. In wrongful confinement he
is restrained from proceeding in any
direction.
d. Intensity of offence
Lastly, wrongful confinement is a more
serious offence inasmuch as it
prescribes punishment with
imprisonment, simple or rigorous
extending to one year, or fine up to Rs
1,000 or both while wrongful restraint
is punishment with simple
imprisonment up to one month or with
fine up to Rs 500 or both.
15. Analysis
In last to conclude i can say that
wrongful restraint means keeping a
man out of a place where he wishes
and a right to be and wrongful
confinement means to illegally limit or
constraint a person into boundaries
and walls.
Confession Law in Pakistan –
Procedure & Types of Confession
Confession
Confession means an admission of
certain facts which constitutes an
offence. Statement of accused
becomes confession only when
recorded in compliance of the
provisions of S. 164 and 364 of Cr.P.C.
after observing necessary
precautions and formalities.
Procedure which magistrate must
adopt while recording confession
 As soon as person is produced
before a magistrate for getting
his confession recorded
followings are things which
magistrate must observe;
24
 His handcuffs should be
removed
 All the police officers shall be
turned out of court room
 He should be informed that he
was before a magistrate and that
whether he made any statement
or not, he will not be handed
back to the police but will be sent
to the judicial lockup.
 He should be given sufficient
time to ponder over the matter
 He should be warned that he was
not bound to make any statement
and if he did so it may be used as
evidence against him.
Questions to be asked by Magistrate
Following question must be put to
person by magistrate;
 For how long have you been with
the police?
 Has any pressure been brought
to bear upon you to make a
confession?
 Have you been threatened to
make a confession?
 Has any inducement been given
to you?
 Have you been told that you will
be made an approver?
 Why are you making this
confession?
Important Characteristics of
Confession in light of Case Laws
Confessional statement of accused
must be supported and corroborated
through some independent and
reliable evidence to reply upon same
for his conviction (2008 P.Cr.L.J. 507)
Confessional statement of an accused
when is to be believed has to be
considered in its entirety and the
portion of the statement favoring the
accused is not to be ruled out of
consideration. (PLD 2001 Quetta 33)
Confession of one accused would not
be sufficient to prove innocence and
non-involvement of other accused in
commission of murder when it
appears that confessing accusing
made confession to save lives of other
co-accused who happens to be his
sons. (2001 P.Cr.L.J. 301)
Confessional statement cannot be
used against an accused if the same is
not put to him while recording his
statement u/s 342 Cr.P.C. (2007
P.Cr.L.J. 276)
All questions put to the accused and
his answers thereto must be recorded
in writing. (PLD 1994 Pesh. 102)
Confessional statement of accused
must be supported and corroborated
through some independent and
reliable evidence to rely upon same for
his conviction. (2008 P.Cr.L.J. 507)
Exculpatory confessional statement
cannot be used against co-accused
for the purpose of conviction. (2008
P.Cr.L.J.)
Confessional statement of one
accused can be used as a
corroborative piece of evidence
against other accused. (NLR 2003 A.C.
1)
Confession recorded on Oath
25
Confession recorded on oath is
inadmissible. (PLD 2005 Pesh. 46)
Retraced Confession
Confessional statement although
retracted would be sufficient piece of
evidence for conviction if it is found
true, voluntary and having not been
obtained by coercion, inducement of
torture. (PLD 2005 S.C. 168)
Confession before Police Officer
If confession is made by the accused
before police officer then it becomes
his duty to get his confessional
statement recorded before the
competent magistrate otherwise such
confession is not admissible in
evidence. (2008 MLD 43
Drinking liable to Hadd
Introduction of Drinking
Islam has presented its own concept
of halal (Lawful) and Haram (unlawful)
food. In fact, Islam has forbidden its
followers from taking some specific
foods and drinks. Islam has declared
taking of intoxicants haram
(unlawful). Therefore, drinking is
forbidden in Islam.
Relevant Provisions
Following are the relevant provisions
regarding the concerned topic.
Sections 6 to 11 of the prohibition
(Enforcement of Hadd) order of 1979.
Essential Ingredients of Drinking
Under Article 6 of the Prohibition
(Enforcement of Hadd) order 1979;
following are essential ingredient of
Drinking.
(a) Intention
A person may be guilty of drinking
only, if he takes an intoxicant
intentionally.
(a) Without Ikrah and Iztirar
Intoxication must be without any ikrah
or iztirar
i) Meaning of Ikrah
According to explanation of sec.6,
Ikrah means putting any person in
fear of injury to the person, property
or honor of tat or any other person.
ii) Meaning of Iztirar
Iztirar means a situation in which a
person is in apprehension of death
due to extreme hunger or thirsty or
serious illness.
Kinds of Drinking
Following are two kinds of drinking
(i) Drinking Liable to Hadd
When an adult Muslim takes
intoxication liquor by mouth, he/she is
guilty of drinking liable to hadd.
Punishment for such offence is to
whip a convict with eighty stripes.
(ii) Drinking Liable to Tazir
Drinking become liable to Tazir in
either of following situations;
a) A Muslim Citizen of Pakistan
Drinking by a Muslim citizen of
Pakistan becomes liable to tazir when
such drinking is not liable to hadd or
26
when proof against such drinking is
not available through confession of
accused or through tazkiyah al-
shuhood, and court is satisfied that
the offence stands proved by
evidence on record.
b) A Non-Muslim Citizen of Pakistan
Drinking by a non-Muslim citizen of
Pakistan becomes liable to tazir when
such drinking is not a part a
ceremony, which is prescribed by
his/her religion.
c) A Non-Muslim, Who is not a Citizen
of Pakistan
Drinking by a non-Muslim, who is not
a citizen of Pakistan, becomes liable
to tazir when such drinking is done at
a public place.
Proof of Drinking Liable to Hadd
Punishment of hadd can be awarded
against drinking when proof is
available in either of following forms;
(i) Confession of Accused
When an accused makes a confession
of commission of drinking before a
court of competent jurisdiction,
punishment of hadd can be awarded
against drinking.
(ii) Two Muslim Witness
When at least two Muslim witnesses
give evidence about commission of
drinking and court is satisfied about
requirement of tazkiyah al-shuhood to
such extent that such witnesses are
truthful persons and abstain from
major sins, punishment of hadd can
be awarded against drinking.
Punishment For Drinking liable to
Hadd
When Article 8 informs that what is
drinking liable to Hadd, it also lays
down the punishment for the offence.
It says that whoever commits drinking
liable to hadd shall be punished with
whipping numbering eighty strips. It
is further said that punishment shall
not be enforced until and unless such
punishment is confirmed by the court
to which an appeal from the order of
conviction lies.
Cases in which Hadd shall not be
Enforced
In either of following three situations,
persons, who are charged of
drinking, are exempted from
operation of Prohibition (Enforcement
of Hadd) Order as far as enforcement
of hadd is concerned;
i) Retracting Confession
When drinking is proved only by
confession of convict, but he/she
retracts his/her confession before
execution of hadd, he/she is
exempted from operation of
Prohibition (Enforcement of Hadd)
Order as far as enforcement of hadd
is concerned.
ii) Resilience of a Witness
When drinking is proved by testimony,
but any witness resiles from his
testimony before execution of hadd
and, consequently, number of witness
becomes less than two, accused is
exempted from operation of
Prohibition (Enforcement of Hadd)
27
Ordinance as far as enforcement of
hadd is concerned.
5. Distinction between theft, extortion
and robbery:
(i) Consent: In theft, offender takes
without the owner’s consent. In
extortion, offender takes by the
wrongful obtaining consent. Robbery
is an aggravated form of theft or
extortion. Offender takes without
consent.
(ii) Property: Theft can he committed
in respect of movable property only.
Extortion can be committed in respect
of any property movable as well as
immovable. In robbery, immovable
property is involved only if it is a form
of extortion, not otherwise.
(iii) Force: In theft, no force is
involved. In extortion, the property is
obtained by putting intentionally that
person or any other in fear of injury, in
robbery, force may or may not be
used according to as robbery is a
form of theft or extortion.
Good Faith: (S. 52 of P.P.C.)
Nothing is said to be in good faith,
which is done or believed without due
care and attention or an act which is
done with due care and caution will
be said to be done in good faith.
Illustrations
1. A doctor operates upon a patient
by taking all precautionary measures.
Patient dies. Held the doctor has
acted upon in good faith. Here
absence of good faith means simply
carelessness or negligence. In
criminal cases, good faith plays an
important role because its presence
affords a good defence. But mistake
of law is no defence even if committed
in good faith.
Definition of Insanity Insanity means:
“Any mental disorder severe enough
that it prevents a person from having
legal capacity and excuses the
person from criminal or civil
responsibility”
The Concept of Insanity in Islam
The concept of insanity is not a new
phenomenon under the Islamic law.
Under Islamic law mental illness is
recognized as a defense. Those
people who are mentally impaired
cannot be punished for such acts
which were committed by them while
they were suffering from mental
illness. A special legal procedure is
provided in Islamic law to
compensate those victims who suffer
due to the acts of the mentally
impaired person. A person who is
mentally impaired, Islam declares him
or her free from any obligation and
liability of performing the basic pillars
of the faith. Insanity in Islamic law is
not considered as a separate or
distinct category in the legal
textbooks. It is discussed as a cause
of legal disability or interdiction (ḥajr)
and as a particular disability within
such broad areas as taxation,
marriage, divorce, inheritance,
contracts, and religious obligations.
The Holy Quran, Allah states: “And do
28
not give the weak-minded your
property, which Allah has made a
means of sustenance for you, but
provide for them with it and clothe
them and speak to them words of
appropriate kindness11”(4:5). “And
test the orphans [in their abilities]
until they reach marriageable age.
Then if you perceive in them sound
judgment, release their property to
them. And do not consume it
excessively and quickly, [anticipating]
that they will grow up. And whoever,
[when acting as guardian], is self-
sufficient should refrain [from taking
a fee]; and whoever is poor - let him
take according to what is acceptable.
Then when you release their property
to them, bring witnesses upon them.
And sufficient is Allah as
Accountant12” (4:6). Prophet13 says:
“The Pen does not record (evil
actions) against the sleeper until he
awakes, or against the boy until he
reaches puberty, or against the
madman until he recovers his wits14”.
Defense of insanity S. 84
-Act/crime by a person of unsound
mind---Defense of insanity ---Maxim:
actus non facit reum, nisi mens sit
rea---Applicability---Person who is
suffering from a mental disorder
cannot be said to have committed a
crime as he does not know what he is
doing---For committing a crime, the
intention and act both are taken to be
the constituents of the crime: actus
non facit reum, nisi mens sit rea---
Every normal and sane human being
is expected to possess some degree
of reason to be responsible for his/her
conduct and acts unless contrary is
proved but a person of unsound mind
or a person suffering from mental
disorder cannot be said to possess
this basic norm of human Behaviour.
Dying declaration
In the law of evidence, a dying
declaration is testimony that would
normally be barred as hearsay but
may in common law nonetheless be
admitted as evidence in criminal
law trials because it constituted the
last words of a dying person. The
rationale is that someone who is dying
or believes death to be imminent
would have less incentive to fabricate
testimony, and as such, the hearsay
statement carries with it some
reliability.
Duress (/koʊˈɜːrʒən, -ʃən/) is the
practice of forcing another party to
act in an involuntary manner by use
of threats or force.[1] It involves a set
of various types of forceful actions
that violate the free will of an
individual to induce a desired
response, for example: a bully
demanding lunch money from a
student or the student gets beaten.
These actions may
include extortion, blackmail, torture,
threats to induce favors, or
even sexual assault. In law, coercion
is codified as a duress crime. Such
actions are used as leverage, to force
the victim to act in a way contrary to
their own interests. Coercion may
involve the actual infliction of physical
pain/injury or psychological harm in
29
order to enhance the credibility of a
threat. The threat of further harm may
lead to
the cooperation or obedience of the
person being coerced.
Extradition is an act where one
jurisdiction delivers a person accused
or convicted of committing a crime in
another jurisdiction, over to their law
enforcement. It is a cooperative law
enforcement process between the
two jurisdictions and depends on the
arrangements made between them.
Besides the legal aspects of the
process, extradition also involves the
physical transfer of custody of the
person being extradited to the legal
authority of the requesting
jurisdiction.[1]
PAKISTAN OF PERSONS ACCUSED
OF EXTRADITION OFFENCES
A requisition for the surrender to
Pakistan of a person who, being
accused or convicted of an
extradition offence, is or is suspected
to be in a treaty State may be made by
the Federal Government: (a) to the
diplomatic representative in Pakistan
of that State; (b) to the Government of
that State through the diplomatic
representative of Pakistan in that
State; or (c) in such other manner as
may have been settled by
arrangement between the Federal
Government and the Government of
that State.
motive
A motive is the cause that moves
people to induce a certain
action.[1] In criminal law, motive in
itself is not an element of any
given crime; however, the legal
system typically allows motive to be
proven to make plausible the
accused's reasons for committing a
crime, at least when those motives
may be obscure or hard to identify
with. However, a motive is not
required to reach a verdict.[2] Motives
are also used in other aspects of a
specific case, for instance, when
police are initially investigating.
The Concept of Punishment in Islam
Punishment has always played an
integral part in the concept of justice.
We all know or at least expect that if
you do something wrong you are
subject to punishment in some way or
another. This is only fair. Humankind
is charged with the responsibility for
the choices they make. This is
because they are created with the
freedom of choice and granted the
moral sense of right and wrong.
Accordingly, one is not to be
punished for the actions of others, or
for acts done under duress or
because of insanity. All people are
equal and innocent until proven
guilty: only then punishment is
considered.
Islam considers crime an act of
injustice towards society, a sin
against oneself and a transgression
against Allah. Punishment is not
atonement nor does it erase the sin. A
sin is only forgiven through
repentance. However, crime is an act
of inflicting harm upon society that
30
cannot be forgiven by repentance
alone.
The object of all penal systems is to
punish the offender and protect
society from reoccurrence of the
crime. Punishment serves as an
educational purpose, as well as a
form of crime deterrent and
prevention and the system used must
achieve this aim. However, if
societies were to rely only upon their
systems of punishment, they would
fail miserably. An environment of
healthy morality and faith must be the
norm, where to do right is
encouraged by all and to do wrong is
discouraged and found difficult. In
fact, encouraging right and
forbidding wrong is a foremost duty in
Islam.
Most penal systems in today’s
societies are based and dependent on
the current social sentiment. In
Islamic law, punishment is based
upon divine revelation. There is no
leeway for sentiment or possibility of
change. These laws were established
by the Creator who is Infinitely Wise
and Merciful, Who knows the true
affairs of the world better than
humankind. To seek justice without
recourse to divine help would be
tragic, as all other sources of
knowledge and theory are flawed by
human imperfection.
Justice is the ruling spirit of Islamic
law, which is known as theShari`ah.
One of the main reasons for which the
Prophets (peace beupon them all)
were sent were to guide mankind to
justice.
In this connection, Allah, Most High,
says,(We sent our messengers with
clear signs and sent down with them
the Book and the Balance so that men
may conduct themselves with justice.)
(Al-Hadid 57: 25) and[O you who
believe, be upholders of justice,
witnessing for Allah alone. ) (An-
Nisaa‘ 4: 135)
Changes in the world as well as the
changing definition of concepts such
as “civilized”, “equality”, “freedom”,
and “justice” have caused a critical
light to shine upon Islamic laws. Such
critics charge that the Shari`ah, in
view of the changing world, is an
outdated system of laws in need of
amendment, replacement or
abolishment. Views of this sort
express rejection of divine guidance
and even worse, rejection of the
wisdom of our Lord who has put us on
this earth with a purpose in life and a
set of rules to live by and achieve that
purpose. These rules are the ultimate
criterion of justice and mercy and
cannot nor need not be changed or
measured against the changes and
desires of society. To imply such is to
imply imperfection in Allah as Lord
and Master of the Universe.
There are basically three categories
of punishments in Shari`ah:
The first isHadd, which includes
divinely prescribed forms of fixed
punishment based upon the Qur’an
and Sunnah. These are punishments
set to preserve the public interest;
they cannot be lightened nor made
heavier, nor can the offender be
pardoned. They instill a deep feeling
31

of abhorrence in the society towards more reforming and more successful

the crime for which the offender has in preventing recurrent crime than
been punished. Such crimes include the man-made legal systems whose
drinking alcohol, armed robbery, futility is proved and confirmed by
theft, illicit sexual relations, apostasy, daily incessant crimes, with prisons
and slanderous accusations of becoming homes to homosexuality
promiscuity. and schools for harboring criminal
behavior.
The second form is
calledQisas, which is the punishment
for homicide and assault. Whenever a
person causes physical harm or
death to another, the injured or family
of the deceased has the right to
retaliation. A unique aspect
of Qisas, is that the victim’s family has
the option to insist upon the
punishment, accept monetary
recompense, or forgive the offender,
which could even avert capital
punishment. This leaves the door
open to compassion and forgiveness.
Settlements are therefore
encouraged outside of court, as a
judge must exact the punishment.

All other crimes fall into the third

category,Ta`zir, which is a
discretionary punishment decided by
the court.

So, in the light of this, one cannot just

brandish Islamic penal codes as
being too harsh or inhumane while
neglecting the fact that the source of
those penal codes is the Mighty Lord,
the Supreme Lord of the Universe.
Everything with Him has been
measured with absolute perfection.
This perfection is reflected in the
strict procedures laid down before a
person can be convicted and
punished. Actually, all forms of
punishment stipulated byShari`ah are