1

Define criminal conspiracy discuss its Lexical Meaning Of Criminal Conspiracy

kinds and distinguish it from abetment When tow when to or more person to do
or cause to do be done
CONCEPT OF CRIMINAL CONSPIRACY i. an illegal act , or
Criminal conspiracy is a substantive ii. an act which is not illegal by illegal
offence i.e it is recognized and means such an agreement is designated
punishable offence in its self. it is a criminal conspiracy.
different from other offence an intention
to do a criminal act is not a crime in itself ESSENTIAL OF CRIMINAL CONSPIRACY
in other offences until something is done According to section 120-A following are
amounting to it whereas conspiracy is an the essentials of criminal conspiracy
offence simply on the basis of the according to section 120-A of PPC two or
agreement or meeting of minds thus more person in order to establish the
mere mens res is enough to establish offence of criminal conspiracy it is
liability in criminal conspiracy thus necessary that these should be at least
liability can be imposed as soon as an two or more than two persons to such
agreement amounting to criminal agreement it is also necessary since an
conspiracy is reached. individual cannot conspire with himself
A conspiracy consists not merely in the alone.
intention of two or more but in an I. Two or person
agreement of two or more than two to do II. Agreement between person
an unlawful act or to do a lawful act by III. Not himself alone
unlawful means. IV. To do illegal act
CRIMINAL CONSPIRACY V. Act will be done
Most important ingredient of the offence VI. Unlawful act
of conspiracy was the agreement COMPLETION OF CRIMINAL
between two or more persons to do an CONSPIRACY
illegal act. Conspiracy consisted not The offence of criminal conspiracy is
merely in the intention of two or more but complete as soon as there is an
in agreement of two or more to do an agreement between different person to
unlawful or to do a lawful act by unlawful commit an unlawful act or a lawful act by
means. 2011 PCrLJ 232 illegal means and the person who
To constitute Criminal conspiracy there entered into such an agreement can be
must be an agreement of two or more tried for criminal conspiracy irrespective
persons to do an act which is illegal or of the fact whether any substantive
which is to be done by illegal means. 1998 offence has been committed in
PCrLJ 1486 pursuance of the conspiracy or not.
I. Conspiracy between husband and wife. PROOF OF CRIMINAL CONSPIRACY
Does not warrant prosecution. PLD 1957 Conspiracy may be established by direct
PC 92 or indirect evidence such circumstantial
II. Mode of proof. Evidence should not be evidence need to be considered together
considered in isolation . PLD 1979 SC 53 and a cumulative effect to be weighed
Relevant Provision and given effect according to Article 23
Sec120-A, 120-B , 121-A PPC of Qanun-e-Shahadat order 1984 the act
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done by one is admissible against the co- Punishment for weaponed members
conspirators. Following are the punishments for those
members who joined the assembly with
DIFFERENCE BETWEEN CRIMINAL deadly weapons
CONSPIRACY AND ABETMENT 1) Imprisonment which can be extend up
Following are the difference between to two years
criminal conspiracy and abetment 2) Fine
The offence of abetment requires that an 3) Both
act or illegal omission must take palace in Vicarious liability
pursuance of the conspiracy. Under the Pakistan penal code, if one
The object of the offence of criminal person commits a crime in order to
conspiracy is a bare agreement to achieve the
commit an offence. common object of his unlawful assembly,
Object in this case, all of the persons who are the
members of this assembly will be
Form
considered as criminal and vicarious
Abetment is a total complete offence. liability will be imposed upon all of them
Conspiracy is one of the forms of
abetment. Q # 03: Define abetment? Discuss the
criminal liability of an
SCOPE abettor in different circumstances?
Abetment by conspiracy is narrow in 1) Definition of abetment
scope. Abetment is an urging to a person, to do
Criminal conspiracy is wider in scope. an act in a certain way or help out
someone in
What are unlawful assembly as well as commission of an act which in an offence
define punishments for members of 2) Definition of abettor
unlawful assembly. Abettor is a person who, urges to other
Definition of unlawful assembly person to commit a crime is called
An assembly of five or more persons who abettor
have mutual intention to commit a crime 3) Kinds of abetment
or Following are the kinds of abetment
commit to breach of peace by use of under the Pakistan Penal Code, Details
force and common objects of the group is are as under
to attain something unlawfully from 1. Instigation (Uksana)
others If a person abetting to another person by
Punishments for Members instigating, for commission of an illegal
Following are the punishments for those act or omission which is an offence, it is
people who are the members of unlawful called abetment by instigation and
assembly abettor also will be liable for this offence.
1) Imprisonment which can extend to six So in this type of abetment, instigation
months can be directly or indirectly, words,
2) Fine advices or gesture which are being used
3) Both for instigation
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2. Conspiracy (Sazish) but its result is different, in this case the

If a person abetting to another person by abettor will be punished according to the
conspiracy, for commission of an illegal result of offence committed
act or omission which is an offence, it is 5. Presence of abettor on place of
called abetment by conspiracy and occurrence
abettor also will be liable for this offence. If abettor is present at the time of
So in this type of abetment, there must be occurrence of the offence even act is
a conspiracy and two or more persons commited by the person abetted; in this
are required case the abettor will be punished
3. Intentional aiding according to the nature of the offence
Aid means help, if a person abetting to committed
another person by intentional aid, for 6. Abetment causes death
commission of an illegal act or omission If person abetted committed an act for
which is an offence, it is called abetment which he has been abetted and if such
by aiding and abettor also will be liable abetment causes death to any person, in
for this offence. There can be two or this case the abettor will be punished
more person who will be helping the with imprisonment which can be
offender for commission the crime consisted on 14 years as well as also will
4) Punishments for abetment be liable to fine or both
Following is the detail of punishments for 7. Abettor is public servant
the act abetted by other and acts are If the person abetted or the abettor is a
offensive in their public servant, in this case the person
nature. Details are given under Section abetted
109 to 120 of P.P.C and abettor will be punished with
1. Unspecified punishment imprisonment according to the nature of
If any punishment has not been specified offence committed as well as they also
in the P.P.C for abetment, in this case the will be fined or both
abettor will be punished for the offence 8. Abettors are more than 10
which has been committed in the result of If the person abetted committed an act
his abetment to offender for which he has been abetted by the
2. Commission of different act persons more than 10 in number, they all
If person abetted who committed a will be punished with imprisonment
different act for which he has not been which can be up to three years or they
abetted but in addition to act abetted, in will be fine or both
this case the abettor will be punished for 9. Abettor designing the schedule
each of the offence If abettor is designing the schedule for
3. Commission by different way commission of an offence or omission
If person abetted who committed an from not to do which is legal, by fully
offence with a different way, in this case knowing the bad results of its designed
the abettor will be punished according to schedule, in this case abettor will be
the nature of offence committed punished with imprisonment which can
4. Commission of same act be up to seven year in case of
If person abetted who committed the commission of an offence, but if offence
same act for which he has been abetted
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is not committed , in this case abettor will Hurt is one of the criminal act which
be kept imprisoned up to three years causes harm to human body other than
10. Abettor designing the schedule is death
public servant Essentials of hurt
If abettor who public servant is designing The hurt is harm caused to human body
the schedule for commission of an other than death. Following are the
offence or essentials of hurt
omission from not to do which is legal, by 1) Causing pain, Harm or injury
fully knowing the bad results of its 2) Causing Disease
designed schedule, in this case abettor 3) Causing disabling of any organ without
will be punished with imprisonment death
which can be up to ten year in case of 4) Causing dismembering of any organ
commission of an offence, but if offence without death
is not committed, in this case abettor will Kinds of hurt
be kept imprisoned up to 205 years or Following are the five kinds of hurt under
fine Pakistan Penal Code. Details are as
11. Under section 118 P.P.C under
With all conditions of section 118 of P.P.C 1.Itlaf-e-Udw
under, if abettor is designing the When someone dismembers any organ of
schedule for commission of an offence or the body of any other person without
omission from not to do which is legal, by causing his death is called itlaf-e-udw
fully knowing the bad results of its Punishment: in this case, the offender will
designed schedule, in this case abettor be punished with Qisas but where Qisas
will be punished with imprisonment or is not
fine or both executable, the offender will be punished
7) Objectives of Punishment with imprisonment which can be up to ten
Following are the objectives of the years as tazir
punishment 2. Itlaf-i-Salahiyat-i-Udw
1) The major objective of the punishment When someone destroys the power of
is the protection of the life from abettor any organ of the body of any other person
2) Second objective of the punishment is without causing his death is called iflaf-e-
the protection of the property of the Salahiyat-Udw
people Punishment: in this case, the offender will
3) Another objective of the punishment is be punished with Qisas but where Qisas
the protection of the state and country is not
4) Theory of punishment aim is the executable, the offender will be punished
maintenance of the peace and equality with imprisonment which can be up to ten
5) Protection of the culture and morality. years as tazir
Most important objective is protection of 3. Shajjah
rights When someone causes harm on the head
Q # 07: What is hurt and its different or face of the any other person without
kinds? Discuss in details. causing his death, which does not
Definition of hurt amount to itlaf-e-udw and itlaf-e-
salahiyat-e-udw, is called
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Shajjah When someone causes injury on the body

Following are the kinds of shajjah which cavity of trunk of any other person, is
is six provided in Pakistan Penal Code, called Jaifa
these are different types of injuries on 2) Ghair Jaifah
head and face When someone causes injury which does
1. Shajjah-e-Khafifa not comes under the category of jaifa, is
When someone causes harm by weapon called Ghair Jaifah
on the face or head of any other person Ghair Jaifah has more six kinds. Details
without exposing the bone of victim are as under
2. Shajjah-e-Mudihah a) Damiyah
When someone causes harm by weapon In which the skin of the injured person is
on the face or head of any other person, ruptured and bleeding occurs, is called
but bone of the victim is exposed Damiyah
3. Shajjah-e-Hashima b) Badiah
When someone causes harm by weapon In which the skin of the injured person is
on the face or head of any other person, cut without exposing the bone of the
resulting in fracture of bone of the victim victim is called Badiah
without dislocating it c) Mutlahima
4. Shjjah-e- Munaqillah In which the skin of the injured person is
When someone causes harm by weapon scratched is called Mutlahima
on the face or head of any other person, d) Mudihah
resulting in fracture of bone of the victim In which the bone of the injured person is
with dislocating it exposed is called Mudihah
5. Shajjah-e-Aima e) Hashima
When someone causes harm by weapon In which the bone of the injured person is
on the face or head of any other person, fractured without dislocating, is called
resulting in fracture of the skull of the Hashima
victim, where wound touches the f) Munaqillah
membrane of the brain In which the bone of the injured person is
6. Shajjah-e-Damiyah fractured as well as get dislocate, is
When someone causes harm by weapon called Hashima
on the face or head of any other person, 5. All other kinds of Hurt
resulting in fracture of the skull of the Following are the other kinds of hurt
victim, where wound under Pakistan Penal Code, details are as
breaks the membrane of the brain under
4. Jurh 1. Hurt by Negligent driving
When someone causes harm on the body When someone causes harm to any other
of any other person other than head or person by negligent driving, in this case
face, which leaves a temporary or the accused will be punished according
permanent mark of the wound on the to the nature of harm under PPC by Tazir
body, is called Jurh 2. Hurt by Negligent act other than
Following are the kinds of Jurh driving
Jaifah When someone causes harm to any other
person by negligent act other than
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driving, in this case the accused will be honour

punished according to the nature of the Example
harm under PPC by Tazir which can be A shoots Z, with the intention of killing Z,
imprisonment, fine or both and if Z dies, A will be liable for Qatl-e-
3. Hurt caused by mistake Amd
When someone causes harm to any other 2. Qatl-e-Shiba-Amd
person by mistake, in this case accused When someone have intention to cause
will be punished according to the nature bodily injury to other by doing an act but
of the harm under PPC injured person died without mens reus, it
4. Hurt by means of poison is called Qatl-e-Shibe-Amd
When someone causes harm to any other Punishment for Qatl-e-Shiba-e-Amd
person by using poison, in this case the Following are the punishments for whom,
accused will punished with imprisonment who commits Qatl-e-shiba-e-Amd.
which is up to ten years Details are as under:
1) He will be punished as Diyat
Q # 08: Define and differentiate between 2) Punished with imprisonment, the term
Qatl-e-Amd and Qatl-e- of imprisonment can be 25 years
Shiba-e-Amd, along with their respective Example
punishments. An attacks B, with a stick which cannot
3) Definition of Qatl become cause of death of B. if B dies as a
Unlawful killing of one human being by result
another human being by an unlawful act of such attack. A will be liable for Qatl-e-
4) Kinds of unlawful Qatls Shiba-e-Amd
Following are four major types of 3. Qatl-e-Khata
unlawful qatls provided and defined in When someone caused death of a person
the Qisas and diyat ordinance. either by mistake of act or by mistake of
1. Qatl-e-Amd fact, and have no intention to cause the
When someone intentionally causing death or cause harm of a person, is called
death of other person by using deadly Qatl-e-
weapons, after knowing that his act is Khata
very dangerous and it can cause death, it Punishment for Qatl-e-Khata
is called Qatl-e- Following are the punishments for whom,
Amd who commits Qatl-e-Khata. Details are
Punishment for Qatl-e-Amd as under:
Following are the punishments for whom, 1) Where the death of a person is caused
who commits Qatl-e-Amd. Details are by negligent act, accused will be
as under: punished with imprisonment with the
1) Punished with Death as Qisas term of 5 years as tazir
2) Punished with Death as Tazir 2) Where the death of a person is caused
3) Imprisonment for life as Tazir, the term by negligent driving, accused will be
of imprisonment can be 25 five punished with imprisonment with the
years but not less than 10 years term of 10 years as Tazir
4) No clause will apply if offence of Qatl- Example
e-Amd is committed on the name of
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If A shoots a deer to hunt, but mistakenly people by use of force or threat is called
bullet hits a person standing nearby deer extortion
and person dies. A will be liable for Qatl- 2) Definition of theft
e-Khata A criminal act in which property of
4. Qatl-e-Bis-Sabab another is stolen without the consent of
When someone caused death of a person the owner
without any intention to cause death or 3) Explanation of extortion
harm to other, but accused does unlawful If A get pressurizes to B, to sign on a
act which becomes a cause of death of blank paper by putting him in fear of
other person, it is called Qatl-e-bis-Sabad death or grievous hurt, B signs and
Punishment for Qatl-e-Bis-Sabab delivers the paper to A. And A converts
are as under: following are the the signed paper into valuable security. A
punishments for whom, who commits has committed extortion
Qatl-e-Bis-Sabab. Details 4) Essential elements of extortion
1) One who commits qatl-e-Bis-Sabab Following are the essential elements of
shall be liable to Diyat only extortion. Details are being given below.
Example 1. Intention
If a person A unlawfully digs a pit in the Intention is an essential element of
way without any intention to death or extortion. As we already are aware that if
harm to other, and any person B falls in it a person is not guilty of any offence until
and dies, A will be liable for Qatl-e-Bis- his mind is also guilty. It means that to
Sabad establish the offence of extortion, guilty
5) Essentials elements of Qatl mind of accused has to be proved
Following are essential elements of Qatl. 2. Threat of injury
Details are being given as under Threat of injury is an essential element of
1) There must be death of human being extortion. The threat of injury must be
2) Weapon may be used under some present to deliver any property to
circumstance accused and such injury can be in body,
3) Such death must be caused by doing mind, reputation or property.
an act 3. Delivery of property or valuable
4) Act should be unlawful or dangerous security
5) There must be intention to death under Delivery of property is an essential
some circumstances element of extortion. The property or
6) There should be mistake of fact or valuable security should be delivered by
mistake of act the person who is in fear of injury to
7) Knowledge about act that, it is likely accused
can cause death 4. Inducement (Amada Krna)
Inducement is an essential element of
: Define theft and extortion? What are extortion. If a person is induced to deliver
the distinguishing his property to accused by fear of an
features between these two? injury, it is an offence of extortion, if
1) Definition of extortion possession was
The practice of obtaining something obtained peacefully there is no extortion
specially money or other property from 5) Punishment for extortion
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Under Pakistan Penal Code, following is extortion against other person by

the punishment for whom who commits keeping them in fear of accusation of an
extortion against other person by use of offence
unfair means such as use of force, threat 10) Imprisonment with the term of ten
or violence etc. years
1) Imprisonment with the term of three 11) Fine can be imposed
years 12) Both, imprisonment and fine
2) Fine can be imposed 10) Punishment for putting a person in
3) Both, imprisonment and fine fear of accusation of
6) Punishment for putting a person in fear offence punishable with death or life
of injury imprisonment
Under Pakistan Penal Code, following is Under Pakistan Penal Code, following is
the punishment for whom who commits the punishment for whom who commits
extortion against other person by extortion against other person by
keeping them in fear of injury keeping them in fear of accusation of an
1) Imprisonment with the term of two offence punishable with death or life
years imprisonment
2) Fine can be imposed 13) Imprisonment with the term of ten
3) Both, imprisonment and fine years
7) Punishment for putting a person in fear 14) Fine can be imposed
of Death 15) Both, imprisonment and fine
Under Pakistan Penal Code, following is 11) Types of crimes in Pakistan
the punishment for whom who commits Following are the types of crime in
extortion against other person by Pakistan which are punishable under the
keeping them in fear of death Pakistan penal code
4) Imprisonment with the term of ten 1) Murder
years 2) Rape
5) Fine can be imposed 3) Robbery
6) Both, imprisonment and fine 4) Theft
8) Punishment for putting a person in fear 5) Undue influence
of Grievous hurt 6) Corruption
Under Pakistan Penal Code, following is 7) Cyber crime
the punishment for whom who commits 8) Human trafficking
extortion against other person by 12) Objectives of Punishment
keeping them in fear of grievous hurt Following are the objectives of the
7) Imprisonment with the term of seven punishment
years 1) The major objective of the punishment
8) Fine can be imposed is the protection of the life from offender
9) Both, imprisonment and fine 2) Second objective of the punishment is
9) Punishment for putting a person in fear the protection of the property of the
of accusation of people
offence 3) Another objective of the punishment is
Under Pakistan Penal Code, following is the protection of the state and country
the punishment for whom who commits
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4) Theory of punishment aim is the In case of non-married, the punishment is

maintenance of the peace and equality 100 lashes
5) Most important objective is protection 2. Defamation
of rights and liberties of the people Any Person who is competent and adult
6) The biggest aim of punishment is to whether male or female, slave or free,
disgrace the crimes and criminal falsely charges unlawful sexual
activities intercourse without eyewitness is liable
7) To prevent the other members of the for Qadf. Proof of Defamation Offence
community from repeating of crimes should be proved by confession Or
testimony of two adult male free Muslims
What is meant by Hadd and Tazir? How Punishment of Defamation Punishment
many hadd for Qadf is 80 stripes for free person And
offences are there in Islam? Differentiate 40 stripes for slave
between two. 3. Drinking of Wine
1) Definition of Hadd Muslims are not allowed to drink wine
Legally Hadd means those punishments because it will be considered a sin to
whose limit has been defined in the Holy have a beer whatever the quantity and
Quran and this is punishable act Proof of drinking
Hadith vine Crime should be proved by two adult
2) Definition of Tazir male eligible Muslims
Legally Tazir means those Punishments 4. Theft This is the action or crime of
“where Judge is authorized to fix the stealing. If offender takes something
nature of from custody of safe place
punishment which may be fine, death, By stealing property with the value of ¼
imprisonment, compensation etc against dinar according to majority. He should be
violation of punished for theft by Hadd Punishment
individual rights. Cutting of right hand from joint of wrist if
3) List of Hadd offences theft is committed first time
Some jurists have presented its seven 5. Robbery
kinds which are as under, The taking of money or goods from the
1. Unlawful sexual intercourse possession of another by force
zina in Islamic is unlawful sexual relations It may be robbery from travellers who are
between Muslims who are not far away from home
married to one another through a nikah It may be armed entrance into a private
(Islamic marriage) Proof of Zina Offence home
should be proved by testimony of four Punishment
eligible witnesses who present evidence Death by beheading (Sar Qalam Krna)
of actual penetration (Dakhool) Cutting off hands or foot
Or accused (Mulzim) must confess four Life Imprisonment
times Punishment of Zina 6. Apostasy
A. In case of Married Act of converting to another religion, by a
In case of married the punishment for person who was born in
zina is death by stoning a Muslim family or who had previously
B. In case of Un-married accepted Islam after awareness of
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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
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reputation of other person, in this case

Q # 11: What is Qazf? When it is liable to slanderer will be liable for punishment
Hadd and when to tazir against his criminal act
and how it is proved? 4) Kinds of Qazf
1) Definition of Qazf Following are the two kinds of Qazf
When someone falsely makes an 1) Qazf liable to Hadd
allegation of zina to other person either 2) Qazf liable to Tazir
by words or written sswith the intention 1. Qazf liable to Hadd
to harm the reputation of such person is When an adult intentionally and clearly
called Qazf commits Qazf of Zina against a person
2) Essential elements of Qazf who never having sexual intercourse
Following are the essential elements of except his lawfully wedded spouse, such
Qazf. Details of these elements are being kind of qazf
given below. is liable to Hadd
2. There should be an accusation of zina 5)Proof of Qazf liable to Hadd
In order to establish Qazf, if the Following are the proof which is
accusation of zina by one person against necessary to establish the Hadd
another person is proved, slanderer will punishments
be liable for punishment against his 1) When slanderer confesses his guilt
criminal act. If an accusation is not before the court of law
available in this case punishment will not 2) When the slanderer makes an
be given imputation before the court of law
3. An accusation should be false 3) When at least two Muslims give
In order to establish Qazf, if an testimony before the court of law after
accusation of zina is proved false, in this process of Tazkiya Tu Shahood against
case slanderer will be liable for slanderer that slanderer is falsely
punishment against his criminal act, if the accusing of zina
allegation of zina is proved to be true and 6)Punishment of Qazf liable to Hadd
made for public good, in this case Following are the punishments for
punishment will not be given slanderer who commits Qazf liable to
4. An accusation should be clear by hadd and his statement proved false
words 1) If the allegation of zina is proved false
In order to establish Qazf, if an allegation by the court of law, the person who is
of zina is clear by words either spoken or liable to Qazf will be punished eighty
written, in this case slanderer will be strips against his Qazf Conditions in
liable for punishment against his criminal which hadd shall not be imposed
act, if Following are the conditions in which the
the words are not clear, in this case punishment for Qazf will not be imposed
punishment will not be given upon slanderer. Details are as under
3. And accusation should harm the 1) When slanderer commits qazf against
reputation any of his relative
In order to establish Qazf, if the 2) When either slanderer or person
statement of an allegation of zina has slandered died during the judicial
been given in order to harm the proceedings
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3) When allegation is proved true 3) Another objective of the punishment is

4) When person slandered withdraws the the protection of the state and country
case 4) Theory of punishment aim is the
5) When number of witnesses are less maintenance of the peace and equality
than two 5) Protection of the culture and morality
7)Who can file case against Qazf 6) Most important objective is protection
No proceedings under this Ordinance of rights and liberties of the people
shall be initiated unless the report is 7) The biggest aim of punishment is to
lodged before the court disgrace the crimes and criminal
1) If the person slandered is alive, he activities
himself or other person on behalf of him 8) To prevent the other members of the
can file the case against slanderer in the community from repeating of crimes
court for punishment
2) If the person slandered is dead, in this Discuss actus reus and mens rea as
case any of the ascendants or components in commission of crime?
descendants of deceased person can file 1) Definition of actus reus
the case against slanderer in the court Actus reus is the Latin term which is used
for punishment to describe a physical activity that harms
2. Qazf liable to Tazir another. In order to establish liability, the
Qazf of liable to tazir is established when lawyers will have to prove that the
it is not liable to hadd, and there is no criminal was responsible
evidence or testimony is available for the act
against his false accusation fo zina 2) Definition of mens rea
against a person, Mens rea is the Latin term which is used
in this case the punishment of Tazir will to describe a mental intension of the
be imposed upon him Punishment of Qazf criminal for the commission of unlawful
liable to Tazir act. In order to establish liability, the
Following are the punishments for lawyers will have to prove the mental
slanderer who commits Qazf liable to intention of the criminal behind the
Tazir unlawful act
1) Imprisonment with the term of two 3) Forms of mens rea
years, imprisonment can be Following are the forms of mens rea.
rigorous or simple Details are as under. Following of the all
2) Will be punished 40 strips forms make liable
3) Fine offender punishable under the Pakistan
8) Objectives of Punishment Penal code.
Following are the objectives of the 1. Intention
punishment Intention is an essential element to
1) The major objective of the punishment commit an offence. Because offender
is the protection of the life from offender knows that due
2) Second objective of the punishment is to his commission of a certain act a
the protection of the property of the specific result will occur. That’s why,
people severe
 13

punishments have been attached with Following are the forms of actus reus.
the crimes which is committed The actus reus in criminal law consists of
intentionally all elements of a
because offender knows that a specific crime other than the state of mind of the
result will occur offender
2. Recklessness (Ghaflat) 1. Conduct
Recklessness is an essential element The conduct is major element of any
to commit an offence. Because offender actus reus. Such conduct can be
knows the consists of some
subsequent risks which will be occurred acts. If the Conduct is voluntary act, in
after the commission of a certain act but this case severe punishments have been
offender attached
knowingly ignores them and takes the with the crimes which has been
risks. That’s why severe punishments committed voluntary because offender
have been knows that a
attached with the crimes specific result will occur
3. Negligence If an offender conducting an act under a
Negligence is an essential element to strong pressure or involuntary for
commit an offence. Negligence means example he is
when being threaten that he will be killed if he
someone fails to give enough care for does not commit a certain act, so in this
doing something that he was responsible case, he
for, is will not be liable for crime
called negligence, if the offender was 2. Omission
aware the risk and decided to take it, he The omission is also an element of any
was actus reus. Omission is basically a failure
reckless if he was unaware of the risk but to do
he must be aware of it, he was negligent, something; according to this a person
under can be liable for a crime when he does
the Pakistan penal code reckless man not perform
will liable and the negligent will not be his duty positively as decided.
liable. For example, a person who has been
4. Strict liability hired on beach for saving the life of
Strict liability is an essential element to people and he is
make offender liable. Strict liability is the under duty but if before him a four foot tall
case child drown in five food deep pool, and he
where mens rea is not required. Offender is
will be held responsible for the criminal not saving him from drowning , he is
offence committing the crime by omission, and
at the same time when he committed that under the law
illegal act. They are not severe offence he will be considered criminal
and 3. Result
have not severe punishments
4) Forms of actus reus
 14

The result is also an element of any actus 2. Without mens rea

reus because it is relate to the result of There is no mens rea but only actus reus,
the act in this case the person would be held
or omission of the offender. It is possible liable for
that the conduct may not be criminal but criminal act such as violation of traffic
the rules etc.
result of the conduct can be criminal, Define crime and tort, and difference
For example, it is not a crime to throw a between tort
stone, but if it hits a person or breaks a and crime. Also
window in explain the essentials and types of crime.
this situation it would be considered as 1) Definition of crime
criminal act and offender will be liable for Crime is an act which violates the public
punishment under the law rights which have been legally
5) Coincidence of actus reus and mens recognized by the
rea state and are punishable under the law
Generally, in order to make a person 2) Definition of Tort
liable for his wrongful act, following two A tort is an act which injures someone in
things must some way and after getting injury the
be proved. injured
Actus reus + Mens rea = Criminal liability person can take legal action against
It means that criminal liability only can wrong doer for recovery of damages
be imposed upon a person where there is 3) Difference between tort and crime
combination of actus reus and mens rea Following are the differences between
is exist, no liability can be imposed if any law of tort and criminal law. Details are as
of them under
is missed at the time of occurrence. They 1. As to parties
must be in combination at the time of In law of tort, parties are known as
occurrence plaintiff and defendant
6) Exceptions to General rule In criminal law, parties are knows as
Generally, it is true that criminal liability state and accused
can only be imposed upon a person for 2. As to punishment
his In tort, tortfeasor has to pay damages
wrongful act with the presence of actus In criminal law, criminal are sent to
reus and mens rea. But in some cases a prison
person 3. As to procedure
can be held liable for his wrongful act in In tort, proceedings are regulated by civil
the presence of either of the element procedure In criminal law, proceedings
1. Without actus reus are regulated by criminal procedure
In case of conspiracy (Sazish) against 4. As to intention
state, there is no actus reus but only Intention is not relevant in tortious act
mens rea, in Intention is the crux of the case in
this case the person would be held liable criminal act
for criminal act. There is no need to prove 5. As to defense
actus reus in this case Necessity is a defense in tortious act
 15

Necessity is not a defense in criminal act body of a person whether corporated or

6. As to compromise not
In tort, compromise is permissible 2. Mens rea
In criminal law, compromise is not The second important essential of a
permissible crime is mens rea or mental intention.
7. As to prosecution There is no
In law of tort, legal action is taken by liability of a crime upon accused until he
injured person has no mental intention to commit a
In criminal act, legal action is taken by crime.
state Even in strict or absolute liability some
8. As to codification mental elements are required. That’s why
Law of tort is not codified mens
Criminal law is codified in Pakistan penal rea is a basic principle to held liable
code under the Pakistan penal code
9. As to position of minor Mens rea is the Latin term which is used
In tort, minor is liable for tortious act to describe a mental intension of the
In criminal act, minor is not liable for criminal
criminal act who is under seven year for the commission of unlawful act. In
10. As to wrong doer order to establish liability the lawyers will
Wrongdoer is called tort feasor have to
Wrongdoer is called accused prove the mental intention of the criminal
11. Nature of right violated behind the unlawful act. Qatal-e- Amd is a
Tort is violation of rights of individuals situation of mens rea in his nature
Crime is violation of rights of whole public 3. Actus reus
12. As to role of state The third important essential of a crime is
In tort state only provides a machinery of actus reus. Unlawful commission or
justice omission
In crime, state has to play a significant is actus reus which is a physical practice
role of the accused. It is said that actus reus
4) Essentials of crime has its
Following are the essentials of crime. roots in mens rea mean once an accused
Details are given as under. decides to commit or omit something
1. Human being wrong
The first and most important essential of which is his mental intention , while the
a crime is that the act must be committed actus reus is the reaction of his mental
by a intention.
human being who: Actus reus is the Latin term which is used
Is being capable to commit a crime to describe a physical activity that harms
Has attained the age of majority another. In order to establish liability the
Is not lunatic lawyers will have to prove that the
Section 11 of PPC provide that the word criminal
person includes a company or was responsible for the act
association or a 4. Injury
 16

The basis essential of a crime is an injury PUNISHMENT:

which show that there has been a crime DEFINITION OF PUNISHMENT:
committed against which injury made, According to Black’s Law dictionary “Any
there are several types of injury such as fine, penalty or confinement inflicted
mental upon a person by the authority of the law
torture, loss of safety, reputation hurting and the judgment and sentence of a
or property loss as well as violation of court, for some crime or offence
private committed by him or for his omission of a
and public rights also are caused by duty enjoined by law.”
tortious act. Injury includes all loses KINDS OF PUNISHMENT UNDER
which produces SECTION 53:
after the commission or omission of a The punishments to which offenders
criminal act. are liable under the provisions of P.P.C
5) Objectives of criminal law are as under.
Following are the objectives of the 1. Qisas
criminal la 2. Diyat
The purpose or objectives of criminal law 3. Arsh
is the protection of the rights of persons, 4. Daman
right of 5. Tazir
property and right of reputation are 6. Death
included in this law. 7. Imprisonment for life
The primary objective of the criminal law 8. Imprisonment which namely
is to punish the accused against the Rigorous i-e. with hard labour
violation of Simple
public and private rights legally 9. Forfeiture of Property
recognized 10. Fine
The third objective of criminal law is to I) QISAS
stop those who intentionally or Qisas means to follow the path
negligently violates followed by the other. Literary
the right of others Meaning the term Qiasa is literally
6) Types of crimes in Pakistan derived form Al Qasas which means to
Following are the types of crime in follow in someone footsteps.
Pakistan which are punishable under the According to justice Qurban ali Shah
Pakistan penal code Qisas means punishment by causing
1) Murder similar hurt at the same part of the
2) Rape body of the convict as he has caused
3) Robbery to the victim or by causing his death if
4) Theft he has committed Qatl-I Amd in
5) Undue influence exercise of his right of the victim or a
6) Corruption wali.
7) Cyber crime According to section 299 (K) of PPC:
8) Human trafficking “Qisas means punishment by causing
9) Attempt to suicide 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 less than the value of thirty thousand
he has committed qatll-i-amd in six hundred and thirty grams of silver.
exercise of the right of the victim or a (III) ARSH:
wali. Arsh is the kind of compensation
A. EXCEPTION OF QISAR: payable at the causing of hurt.
There are four cases in which qisas is ACCORDING TO SECTION 299 (B)
not applicable on the offender. Arsh means the compensation
DEATH OF OFFENDER: specified in P.P.C to be paid to the
Where the offender dies before the victim or his heir.”
enforcement of qisas. VALUE OF ARSH:
WAIVER BY WALI: The value of Arsh will be assessed at
Where right of qisas is waived by any certain percentage indicated various
Wali. provisos of the value of diyat u/sec 323
RIGHT OF QISAS DEVOLVES ON P.P.C.
OFFENDER: MODE OF PAYMENT:
When the right of qisas devolves on The Arsh will be payable in lumpsum
the offender as result of the death of (at once) or in installments spreading
the Wali of the victim. over three years from the date of final
WALI HAS NO RIGHT OF QISAS: judgment.
Where right of Qisas devolves on the FAILURE TO PAY ARSH:
person who has no right of qisas In case of default, the offender may be
against the offender e.g. the son kept in jail to serve the simple
cannot enforce qisas against his imprisonment until Arsh is
father. paid in full. It may be awarded in the
(II) DIYAT: following sections.
Diyat means the compensation ◆Section 334 P.P.C.
granted to the heirs of the victim by the ◆Section 337 P.P.C.
offender only in cases of Qatl and not (IV)-DAMAN:
in cases of hurt. It is payable only in The word Daman is actually Dhman. It
cases where an offender guilty of means compensation which is
qatle-I-amd is not liable to qisas or determined by the court.
where qisas is not enforceable. ACCORDING TO SECTION 299 (D):
ACCORDING TO SECTION 299 (E) “Daman means the compensation
: “Diyat means the compensation determined by the court to be paid by
specified in section 323 payable to the the offender to the victim for causing
heirs of the victim.” hurt not liable to arsh.”
Value OF DIYAT U/SEC 323: VALUE OF DAMAN:
The court shall subject to the The value of daman will be determined
injunctions of Islam, as laid down in the by the court, keeping in view:
Holy Quran and sunnah, and keeping 1. The expenses incurred on the
in view the financial position of the treatment of the victim.
convict and the heirs of the victim, fix 2. Loss or disability caused in the
the value of diyat which shall not be functioning or power of any or organ.
The anguish suffered by the victim.
18

(V) TAZIR: P.P.C. There are two Kinds of

According to section 299 (l): Imprisonment:
“Tazir means punishment other than Rigorous
Qisas, Diyat, arsh or Daman.” In the case of rigorous imprisonment,
PUNISHMENT OF TAZIR: the offender is put to hard labour such
Tazir may be inflicted by imposition of as digging earth, drawing water etc.
Fine, imprisonment etc. It is the Simple
punishment which is left to the In the case of simple imprisonment,
discretion of the judge or court. the offender is confined to jail and is
(VI) DEATH: not put to any kind of work.
Death is the capital punishment that (IX) FORFEITURE OF PROPERTY:
may be awarded for certain offences Forfeiture of specific property may be
under P.P.C. Such as: awarded as punishment in the
Waging war against Pakistan u/sec following sections,
121 P.P.C. Section 126, P, P.C
Murder u/sec 302· . P.C Section 127, P.P.C
Hijacking u/sec 40-B, P.P.C etc. Section 169, P.P.C
(VII) IMPRISONMENT FOR LIFE: (X) FINE:
Life imprisonment (also known as a life Fine is the punishment which may be
sentence, lifelong confinement) is any awarded in some offences alongwith
sentence of imprisonment for a crime the imprisonment. Fine is the only
under which convicted persons are to punishment provided for in sections.
remain in prison for the rest of their ◆137,154.156,156,171-G, 171-H, 171-
lives. Sentence of imprisonment for I, ,278.283., 290 and 294A, P.P.C
life means, for remaining span of DIFFERENCE BETWEEN SECTION
natural of the convict, which is Common Intention 34 AND Common
accepted as being of 25 years Object 149 OF PPC
duration. 1 NUMBER OF PERSONS:
Following are some of the offences, 1. Section 34 may apply to all case
where it may be inflicted, as where the culprits are more than one.
punishment. 2. Section 149 can apply only to cases
Sedition u/sec 124-A P.P.C, in which culprits are five or more.
Counterfeiting Pakistan coin u/sec 232 2 MEETING OF MIND:
P.P.C. 1. Section 34 requires a pre-concert or
Punishment for murder under section meeting of mind.
302 P.P.C. 2. Section 149 will apply even if there
(VIII) IMPRISONMENT: was no prior meeting of mind.
Imprisonment means confinement of 3 PARTICIPATION:
convict within certain prescribed 1. Element of participation in action is
limits. The maximum period Fourteen necessary to constitute common
years under section 55 P.P.C and the intention.
shortest term provided for an offence 2. In Section 149 only membership of
is twenty four hours under section 510 unlawful assembly at the time of
occurrence of offence is sufficient.
19

4 PRESENCE OF ACCUSED: information its objection is to set the

1. In Section 34, all the accused must criminal law in motion, from point of
be present on the spot. view of investigation it’s to collect
1.2. In section 149, it is not necessary evidence for tracing and bringing the
that the accused must be present at culprits to justice.
the time of the commission of the
offence. Essential ingredients of FIR

WRONGFUL RESTRAINT MEANING Commission of cognizable of fence

AND DEFINITION shall be reduced to writing signed by
The expression "wrongful restrairit" person giving this information
implies keeping a man out of a place substance shall be entered in book.
where he wishes a right to be.
Prior to registration of FIR, a report in
Scope and applicability of section 339 daily diary of police station is
Section 339 relates to voluntary recorded. Number, time and date of
obstruction by a person and not to such report are specially mentioned in
obstructions which are not voluntarily column 1 of FIR. Another report is
continued by persons accused of entered after FIR is recorded and is
obstruction throughout the time it allocated an independent number in
lasts. Before a person can be the register.
convicted of an offence of wrongful
restraint, the prosecution must prove Who can lodge an FIR?
that the complainant had a right as
Machinery of law can be set in motion
distinguished from a license to
by any person who need not
proceed in a particular direction or
necessary be a resident of locality
that he had a right of way.
where an offense takes place.
FIR section 154 Cr.P.C. Pakistan –
Evidentiary value of FIR
First Information Report
FIR is not a sacrosanct or substantive
First information is construed as the
piece of evidence and is only
earliest communication or intimation
information to put machinery of law
of crime to the state agency, to set it in
into motion However, at the same time
motion to under take investigation.
it certainly furnishes a clue to possible
Such information irrespective of its
truth of the allegation against the
brevity or length has to convey the
accused, as it is the earliest version of
relevant information pertaining to the
the prosecution case. In case of false
nature and place of occurrence
FIR section 182 of Cr.P.C. deals with
including description of victim of
punishment.
violence.
Supplementary statement (also known
The object of section 154 of Cr.P.C. is
as Tatima Biyan ) is recorded u/s 161
two fold; from the point of view of
Cr.P.C. is not signed or thumb marked.
20

Supplementary statement cannot be which is done in the exercise of right of

considered as part or read as part of private defence”. Every person ahs
FIR. No provision exists in the criminal right to defend (under subject to some
procedure code about the restriction hereinafter contain);
supplementary statement which is
always recorded in order to fill the  His body or body of any other
lacuna in prosecution case. person against an offence
effecting human body
Delay becomes a secondary factor if  The property weather moveable
eye-witness account coupled with or immovable of himself or any
medical evidence inspires confidence. other person against theft,
When explanation for delay in giving extortion, mischief and criminal
the FIR is satisfactory the delay is not trespass
a material significance.  Right of private defence against
the act of person of unsound
Second FIR is not barred in mind
appropriate cases disclosing
cognizable offense, partially the cases Exception to the right of private
of counter version. Registration of defence/ Acts against which there is
second FIR embodying the counter no right of private defence
version of case is neither legally According to section 99 of PPC there
barred nor can such an FIR be refused are following exceptions to the right of
to be registered. private defence;

Instances where FIR can be quashed:  There is no right of private

defence against an act which
 Lawful marriage between adults. doest not reasonably cause the
 Matter of civil nature. apprehension of death of
 Evidence not sufficient grievous hurt done by public
servant in good faith.
Following are remedies against FIR,  Directing by public servant in
section 169, 551, 63,190,249-A and good faith
265-K Cr.P.C.  When person has time to have
recourse to the public
First information report is very authorities
important in criminal trial. In final  It cannot extend to inflicting
decision of criminal case first more harm than is necessary to
information report play important role. inflict
Right of Private Defence | Private When Right of Private sof body extend
Defense Laws in Pakistan to cause Death
According to section 100 PPC, the
Right of Private Defence right of body extends, under the
According to section 96 of Pakistan restriction mentioned in section 99, to
Penal Code, “nothing is an offence
21

voluntary causing death or any other  Takes or entices away any minor
harm to assailant if;  Male under age of 14, female
under age of 16
 There is apprehension of death  Person of unsound mind
from assault  Out of lawful guardian without
 Apprehension of grievous hurt consent of such guardian
 Intention of committing rape
 Intention of committing un- Abduction – 362
natural lust
 Intention of kidnapping or  Compel any person by force
abducting  Induces by deceitful means
 Intention of wrongfully confining
a person, when he apprehend Punishments of Kidnapping &
that he be unable to recourse to Abduction
public authorities for his release.
 Punishment of kidnapping; up to
When Right of Private Defence of 7 year – 363
property extend to causing Death  Kidnapping or abduction in
The right of private defence extends order to commit murder; up to 10
under restriction mentioned in section year
99, to voluntary causing death or any  Kidnapping or abduction a
other harm if; person under age of 14;
punishment death, IOL, 14 year –
 There is apprehension of 364.A
robbery  Kidnaping or abduction with
 Apprehension of house-breaking intent secretly and wrongfully
by night confine person; 7 year – 365
 Mischief by fire committed on  Kidnapping or abduction for
any dwelling place extorting property or valuable
 Theft, mischief or house security; Death, IOL – 365.A
trespass and danger of death or  Kidnapping or abduction or
grievous hurt inducing woman to compel for
marriage etc. ; IOL – 365.B
Kidnapping & Abduction in PPC |  Kidnapping or abduction in
Punishments & Definitions order to subject person to
unnatural lust; Death, 25 year –
Kidnapping & Abduction 367.A

Kidnapping Right of Private Defence in Pakistan

Penal Code
 Kidnapping from Pakistan
 Beyond the limits of Pakistan Robbery & Decoity
 Without consent of person
 Kidnapping from lawful In all robbery there is either theft or
guardianship – 361 extortion;
22

When theft is robbery; 1. by words, signs or visible

representation
 During committing theft 2. marks or publish any imputation
 Cause or attempting to cause 3. intended to harm the reputation
death, hurt, restrain or fear of any person

When extortion is robbery; Explanations

 During committing extortion  imputation about deceased

 Putting person in fear of instant person which hurt the feelings of
death, hurt and restraint his family
 Punishment for robbery; 3 year  imputation concerning company
to 10 year – 392  imputation made ironically or
 Punishment for attempt to alternative
commit robbery; 7 year – 393  imputation must lower the
 Punishment for causing hurt morale, credit or respect of
while committing robbery; 4 to person
10 year – 394
Exceptions of Defamation
Decoity – 391
Followings are the 10 exceptions of
 Five or more persons conjointly defamation
commit
 Person present or aiding such  imputation of truth in public good
offence also includes  public conduct of public servant
 Punishment of decoity; 4 to 10  conduct of person touching
year – 395 public question
 Punishment of decoity with  merits of public performance
murder; Death, IOL, 4 to 10 Year  publishing the reports or
– 396 proceedings of court of law
 Punishment of robbery or  merits of case in court of law
decoity with attempt to cause  censure of person having
death or grievous hurt; 7 year authority over another (master
minimum – 397 and servant)
 Attempt to commit decoity or  accusation to authorized person
robbery armed with deadly i.e. person having authority
weapon; 7 year minimum – 398 (accusation to master of servant)
 Making preparation for decoity;  imputation for protecting the
IOL, up to 10 year – 399 interest of other
 to caution other person against
Defamation some loss

Followings are ingredients of Punishment of defamation u/s 500 PPC

defamation u/s 499 PPC
23

 may extend to 2 year or fine or d. Intensity of offence

both
 originator of defamatory Lastly, wrongful confinement is a more
imputation may extend to 5 year serious offence inasmuch as it
or fine minimum 100,000/- or prescribes punishment with
both imprisonment, simple or rigorous
extending to one year, or fine up to Rs
Offence is bailable, non-cognizable 1,000 or both while wrongful restraint
and compoundable is punishment with simple
imprisonment up to one month or with
Trial of offences by court of Sessions fine up to Rs 500 or both.
and must decide within period of 90
days – 502A 15. Analysis

Printing or engraving matter known to In last to conclude i can say that

be defamatory; Punishment up to 2 wrongful restraint means keeping a
year or fine or both – 501 man out of a place where he wishes
and a right to be and wrongful
Sale of printed or engraved substance confinement means to illegally limit or
containing defamatory material; constraint a person into boundaries
Punishment up to 2 year and walls.
Difference between Wrongful Confession Law in Pakistan –
Restraint and wrongful obstruction Procedure & Types of Confession
a. Nature of obstruction
Confession
In wrongful restraint, the curtailment
of restraint is partial while in wrongful Confession means an admission of
confinement curtailment of liberty is certain facts which constitutes an
total. offence. Statement of accused
becomes confession only when
b. Area of obstruction recorded in compliance of the
Wrongful restraint keeps a man out of provisions of S. 164 and 364 of Cr.P.C.
after observing necessary
place where he wishes to be. Wrongful
precautions and formalities.
confinement keeps the man struck
within certain circumscribed limits. Procedure which magistrate must
c. Restriction on movement adopt while recording confession

In wrongful restraint, the person is  As soon as person is produced

restrained to proceed in a particular before a magistrate for getting
direction. In wrongful confinement he his confession recorded
is restrained from proceeding in any followings are things which
direction. magistrate must observe;
24

 His handcuffs should be Confessional statement of an accused

removed when is to be believed has to be
 All the police officers shall be considered in its entirety and the
turned out of court room portion of the statement favoring the
 He should be informed that he accused is not to be ruled out of
was before a magistrate and that consideration. (PLD 2001 Quetta 33)
whether he made any statement
or not, he will not be handed Confession of one accused would not
back to the police but will be sent be sufficient to prove innocence and
to the judicial lockup. non-involvement of other accused in
 He should be given sufficient commission of murder when it
time to ponder over the matter appears that confessing accusing
 He should be warned that he was made confession to save lives of other
not bound to make any statement co-accused who happens to be his
and if he did so it may be used as sons. (2001 P.Cr.L.J. 301)
evidence against him.
Confessional statement cannot be
Questions to be asked by Magistrate used against an accused if the same is
not put to him while recording his
Following question must be put to statement u/s 342 Cr.P.C. (2007
person by magistrate; P.Cr.L.J. 276)

 For how long have you been with All questions put to the accused and
the police? his answers thereto must be recorded
 Has any pressure been brought in writing. (PLD 1994 Pesh. 102)
to bear upon you to make a
confession? Confessional statement of accused
 Have you been threatened to must be supported and corroborated
make a confession? through some independent and
 Has any inducement been given reliable evidence to rely upon same for
to you? his conviction. (2008 P.Cr.L.J. 507)
 Have you been told that you will
be made an approver? Exculpatory confessional statement
 Why are you making this cannot be used against co-accused
confession? for the purpose of conviction. (2008
P.Cr.L.J.)
Important Characteristics of
Confession in light of Case Laws Confessional statement of one
accused can be used as a
Confessional statement of accused corroborative piece of evidence
must be supported and corroborated against other accused. (NLR 2003 A.C.
through some independent and 1)
reliable evidence to reply upon same
for his conviction (2008 P.Cr.L.J. 507) Confession recorded on Oath
25

Confession recorded on oath is Under Article 6 of the Prohibition

inadmissible. (PLD 2005 Pesh. 46) (Enforcement of Hadd) order 1979;
following are essential ingredient of
Retraced Confession Drinking.
Confessional statement although (a) Intention
retracted would be sufficient piece of A person may be guilty of drinking
evidence for conviction if it is found only, if he takes an intoxicant
true, voluntary and having not been intentionally.
obtained by coercion, inducement of
torture. (PLD 2005 S.C. 168) (a) Without Ikrah and Iztirar
Intoxication must be without any ikrah
Confession before Police Officer or iztirar

If confession is made by the accused i) Meaning of Ikrah

before police officer then it becomes According to explanation of sec.6,
his duty to get his confessional Ikrah means putting any person in
statement recorded before the fear of injury to the person, property
competent magistrate otherwise such or honor of tat or any other person.
confession is not admissible in
evidence. (2008 MLD 43 ii) Meaning of Iztirar
Iztirar means a situation in which a
Drinking liable to Hadd person is in apprehension of death
due to extreme hunger or thirsty or
Introduction of Drinking serious illness.
Islam has presented its own concept Kinds of Drinking
of halal (Lawful) and Haram (unlawful)
food. In fact, Islam has forbidden its Following are two kinds of drinking
followers from taking some specific
(i) Drinking Liable to Hadd
foods and drinks. Islam has declared
When an adult Muslim takes
taking of intoxicants haram
intoxication liquor by mouth, he/she is
(unlawful). Therefore, drinking is
guilty of drinking liable to hadd.
forbidden in Islam.
Punishment for such offence is to
Relevant Provisions whip a convict with eighty stripes.
(ii) Drinking Liable to Tazir
Following are the relevant provisions
Drinking become liable to Tazir in
regarding the concerned topic.
either of following situations;
Sections 6 to 11 of the prohibition
(Enforcement of Hadd) order of 1979. a) A Muslim Citizen of Pakistan
Drinking by a Muslim citizen of
Essential Ingredients of Drinking Pakistan becomes liable to tazir when
such drinking is not liable to hadd or
26

when proof against such drinking is Punishment For Drinking liable to

not available through confession of Hadd
accused or through tazkiyah al-
shuhood, and court is satisfied that When Article 8 informs that what is
the offence stands proved by drinking liable to Hadd, it also lays
evidence on record. down the punishment for the offence.
It says that whoever commits drinking
b) A Non-Muslim Citizen of Pakistan liable to hadd shall be punished with
Drinking by a non-Muslim citizen of whipping numbering eighty strips. It
Pakistan becomes liable to tazir when is further said that punishment shall
such drinking is not a part a not be enforced until and unless such
ceremony, which is prescribed by punishment is confirmed by the court
his/her religion. to which an appeal from the order of
c) A Non-Muslim, Who is not a Citizen conviction lies.
of Pakistan
Cases in which Hadd shall not be
Drinking by a non-Muslim, who is not
Enforced
a citizen of Pakistan, becomes liable
to tazir when such drinking is done at In either of following three situations,
a public place. persons, who are charged of
drinking, are exempted from
Proof of Drinking Liable to Hadd
operation of Prohibition (Enforcement
Punishment of hadd can be awarded of Hadd) Order as far as enforcement
against drinking when proof is of hadd is concerned;
available in either of following forms; i) Retracting Confession
(i) Confession of Accused When drinking is proved only by
When an accused makes a confession confession of convict, but he/she
of commission of drinking before a retracts his/her confession before
court of competent jurisdiction, execution of hadd, he/she is
punishment of hadd can be awarded exempted from operation of
against drinking. Prohibition (Enforcement of Hadd)
Order as far as enforcement of hadd
(ii) Two Muslim Witness is concerned.
When at least two Muslim witnesses
give evidence about commission of ii) Resilience of a Witness
drinking and court is satisfied about When drinking is proved by testimony,
requirement of tazkiyah al-shuhood to but any witness resiles from his
such extent that such witnesses are testimony before execution of hadd
truthful persons and abstain from and, consequently, number of witness
major sins, punishment of hadd can becomes less than two, accused is
be awarded against drinking. exempted from operation of
Prohibition (Enforcement of Hadd)
27

Ordinance as far as enforcement of carelessness or negligence. In

hadd is concerned. criminal cases, good faith plays an
important role because its presence
5. Distinction between theft, extortion affords a good defence. But mistake
and robbery: of law is no defence even if committed
(i) Consent: In theft, offender takes in good faith.
without the owner’s consent. In Definition of Insanity Insanity means:
extortion, offender takes by the “Any mental disorder severe enough
wrongful obtaining consent. Robbery that it prevents a person from having
is an aggravated form of theft or legal capacity and excuses the
extortion. Offender takes without person from criminal or civil
consent. responsibility”
(ii) Property: Theft can he committed
in respect of movable property only. The Concept of Insanity in Islam
Extortion can be committed in respect The concept of insanity is not a new
of any property movable as well as phenomenon under the Islamic law.
immovable. In robbery, immovable Under Islamic law mental illness is
property is involved only if it is a form recognized as a defense. Those
of extortion, not otherwise. people who are mentally impaired
(iii) Force: In theft, no force is cannot be punished for such acts
involved. In extortion, the property is which were committed by them while
obtained by putting intentionally that they were suffering from mental
person or any other in fear of injury, in illness. A special legal procedure is
robbery, force may or may not be provided in Islamic law to
used according to as robbery is a compensate those victims who suffer
form of theft or extortion. due to the acts of the mentally
impaired person. A person who is
Good Faith: (S. 52 of P.P.C.) mentally impaired, Islam declares him
Nothing is said to be in good faith, or her free from any obligation and
which is done or believed without due liability of performing the basic pillars
care and attention or an act which is of the faith. Insanity in Islamic law is
done with due care and caution will not considered as a separate or
be said to be done in good faith. distinct category in the legal
textbooks. It is discussed as a cause
Illustrations of legal disability or interdiction (ḥajr)
and as a particular disability within
1. A doctor operates upon a patient
such broad areas as taxation,
by taking all precautionary measures.
marriage, divorce, inheritance,
Patient dies. Held the doctor has
contracts, and religious obligations.
acted upon in good faith. Here
The Holy Quran, Allah states: “And do
absence of good faith means simply
28

not give the weak-minded your of reason to be responsible for his/her

property, which Allah has made a conduct and acts unless contrary is
means of sustenance for you, but proved but a person of unsound mind
provide for them with it and clothe or a person suffering from mental
them and speak to them words of disorder cannot be said to possess
appropriate kindness11”(4:5). “And this basic norm of human Behaviour.
test the orphans [in their abilities]
Dying declaration
until they reach marriageable age.
In the law of evidence, a dying
Then if you perceive in them sound
declaration is testimony that would
judgment, release their property to
normally be barred as hearsay but
them. And do not consume it
may in common law nonetheless be
excessively and quickly, [anticipating]
admitted as evidence in criminal
that they will grow up. And whoever,
law trials because it constituted the
[when acting as guardian], is self-
last words of a dying person. The
sufficient should refrain [from taking
rationale is that someone who is dying
a fee]; and whoever is poor - let him
or believes death to be imminent
take according to what is acceptable.
would have less incentive to fabricate
Then when you release their property
testimony, and as such, the hearsay
to them, bring witnesses upon them.
statement carries with it some
And sufficient is Allah as
reliability.
Accountant12” (4:6). Prophet13 says:
“The Pen does not record (evil Duress (/koʊˈɜːrʒən, -ʃən/) is the
actions) against the sleeper until he practice of forcing another party to
awakes, or against the boy until he act in an involuntary manner by use
reaches puberty, or against the of threats or force.[1] It involves a set
madman until he recovers his wits14”. of various types of forceful actions
that violate the free will of an
Defense of insanity S. 84
individual to induce a desired
-Act/crime by a person of unsound response, for example: a bully
mind---Defense of insanity ---Maxim: demanding lunch money from a
actus non facit reum, nisi mens sit student or the student gets beaten.
rea---Applicability---Person who is These actions may
suffering from a mental disorder include extortion, blackmail, torture,
cannot be said to have committed a threats to induce favors, or
crime as he does not know what he is even sexual assault. In law, coercion
doing---For committing a crime, the is codified as a duress crime. Such
intention and act both are taken to be actions are used as leverage, to force
the constituents of the crime: actus the victim to act in a way contrary to
non facit reum, nisi mens sit rea--- their own interests. Coercion may
Every normal and sane human being involve the actual infliction of physical
is expected to possess some degree pain/injury or psychological harm in
29

order to enhance the credibility of a action.[1] In criminal law, motive in

threat. The threat of further harm may itself is not an element of any
lead to given crime; however, the legal
the cooperation or obedience of the system typically allows motive to be
person being coerced. proven to make plausible the
accused's reasons for committing a
Extradition is an act where one
crime, at least when those motives
jurisdiction delivers a person accused
may be obscure or hard to identify
or convicted of committing a crime in
with. However, a motive is not
another jurisdiction, over to their law
required to reach a verdict.[2] Motives
enforcement. It is a cooperative law
are also used in other aspects of a
enforcement process between the
specific case, for instance, when
two jurisdictions and depends on the
police are initially investigating.
arrangements made between them.
Besides the legal aspects of the
The Concept of Punishment in Islam
process, extradition also involves the
physical transfer of custody of the Punishment has always played an
person being extradited to the legal integral part in the concept of justice.
We all know or at least expect that if
authority of the requesting
you do something wrong you are
jurisdiction.[1] subject to punishment in some way or
PAKISTAN OF PERSONS ACCUSED another. This is only fair. Humankind
OF EXTRADITION OFFENCES is charged with the responsibility for
the choices they make. This is
A requisition for the surrender to because they are created with the
Pakistan of a person who, being freedom of choice and granted the
accused or convicted of an moral sense of right and wrong.
extradition offence, is or is suspected Accordingly, one is not to be
to be in a treaty State may be made by punished for the actions of others, or
the Federal Government: (a) to the for acts done under duress or
diplomatic representative in Pakistan because of insanity. All people are
of that State; (b) to the Government of equal and innocent until proven
guilty: only then punishment is
that State through the diplomatic
considered.
representative of Pakistan in that
State; or (c) in such other manner as Islam considers crime an act of
may have been settled by injustice towards society, a sin
arrangement between the Federal against oneself and a transgression
Government and the Government of against Allah. Punishment is not
that State. atonement nor does it erase the sin. A
sin is only forgiven through
motive repentance. However, crime is an act
A motive is the cause that moves of inflicting harm upon society that
people to induce a certain
30

cannot be forgiven by repentance In this connection, Allah, Most High,

alone. says,(We sent our messengers with
clear signs and sent down with them
The object of all penal systems is to the Book and the Balance so that men
punish the offender and protect may conduct themselves with justice.)
society from reoccurrence of the (Al-Hadid 57: 25) and[O you who
crime. Punishment serves as an believe, be upholders of justice,
educational purpose, as well as a witnessing for Allah alone. ) (An-
form of crime deterrent and Nisaa‘ 4: 135)
prevention and the system used must
achieve this aim. However, if Changes in the world as well as the
societies were to rely only upon their changing definition of concepts such
systems of punishment, they would as “civilized”, “equality”, “freedom”,
fail miserably. An environment of and “justice” have caused a critical
healthy morality and faith must be the light to shine upon Islamic laws. Such
norm, where to do right is critics charge that the Shari`ah, in
encouraged by all and to do wrong is view of the changing world, is an
discouraged and found difficult. In outdated system of laws in need of
fact, encouraging right and amendment, replacement or
forbidding wrong is a foremost duty in abolishment. Views of this sort
Islam. express rejection of divine guidance
and even worse, rejection of the
Most penal systems in today’s wisdom of our Lord who has put us on
societies are based and dependent on this earth with a purpose in life and a
the current social sentiment. In set of rules to live by and achieve that
Islamic law, punishment is based purpose. These rules are the ultimate
upon divine revelation. There is no criterion of justice and mercy and
leeway for sentiment or possibility of cannot nor need not be changed or
change. These laws were established measured against the changes and
by the Creator who is Infinitely Wise desires of society. To imply such is to
and Merciful, Who knows the true imply imperfection in Allah as Lord
affairs of the world better than and Master of the Universe.
humankind. To seek justice without
recourse to divine help would be There are basically three categories
tragic, as all other sources of of punishments in Shari`ah:
knowledge and theory are flawed by
human imperfection. The first isHadd, which includes
divinely prescribed forms of fixed
Justice is the ruling spirit of Islamic punishment based upon the Qur’an
law, which is known as theShari`ah. and Sunnah. These are punishments
One of the main reasons for which the set to preserve the public interest;
Prophets (peace beupon them all) they cannot be lightened nor made
were sent were to guide mankind to heavier, nor can the offender be
justice. 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