Pakistan Penal Code Research Articles

Honour Killings in Pakistan: Legal Perspectives and Reforms

This investigation delves into the pervasive issue of honour killings in Pakistan, examining its legal intricacies and proposing comprehensive reforms. Despite existing legal provisions within the Pakistan Penal Code, the implementation faces substantial challenges, including legal loopholes, societal pressures, and inadequate protection measures. Proposed reforms include enhancing legal clarity, fostering societal awareness through educational initiatives, implementing witness protection programs, expediting judicial processes, fostering collaboration with NGOs, and establishing counselling and support services. The proposed reforms collectively aim to create a nuanced and holistic strategy to combat honour-based violence. By addressing legal shortcomings, challenging ingrained cultural norms, ensuring protection, fostering collaboration, and providing compassionate support services, these measures strive to reshape Pakistan's societal landscape. The success of these reforms relies on the commitment of legal authorities, civil society, and the broader community to foster lasting change, ultimately creating a society where justice, equality, and human rights triumph over the tragic legacy of honour-based violence.

Judicial Boundaries: Understanding the Scope of Military Courts in the Pakistani Legal Framework

In this article, we will analyze the criminal justice system of Pakistan. This article will provide insight into the system, what guarantees are provided by it, and what are the shortcomings of the system. Furthermore, we will see the role of Anti-Terrorism Courts in convicting the terrorists. In Pakistan's criminal justice system, there are several instruments to deal with terrorism. The criminal procedure code is the basic procedural law that is applied to almost all criminal proceedings. Pakistan penal code is the basic substantive law that contains the definition of the offenses and then also prescribes punishments for them. Since Pakistan has been facing the sedition of terrorism for a long time, it has developed a specific instrument for terrorism that supplements the criminal procedure code and Pakistan penal code. The Anti-terrorism Act of 1997 and the special courts formed under this Act are the specific instruments developed for counting terrorism. Further, the Protection of Pakistan Act and the 21st Constitutional Amendment are all the measures taken in the same regard to eliminate and eradicate terrorism. Before establishing military courts, Pakistan already had a proper judicial system to try the terrorists. Although questions can be raised regarding the performance of the courts, it cannot be denied that proper laws and courts were there before.

An Analysis of Qisas and Diyat Laws, Inadequately Encompassed the Islamic Gist as Fused in Judicial System of Pakistan

The Qisas and Diyat is product of Islamic jurisprudence. The laws in Pakistan with distinct applicability of conceptual approach of Qisas and Diyat laws in trails are inadequately address the purposes of criminal justice along with consequences of vast judicial dircretion in Qisas and Diyat cases will not serving the purpose of administering justice. The Holy Quran hasn’t provided dictionary definition of justice, but it establishes conceptual approach to the principle of equilibrium, parity, righteous, proper assessing, veracity, individual capacity and progress and the accepted mandate. The key form of justice is the egalitarianism of human personalities being valued as Human beings, evidently indicated in the Holy injunctions of and even stressed in the last Holy Sermon of (PBUH). The Qisas and Diyat is product of Islamic jurisprudence. The laws in Pakistan with distinct applicability of conceptual approach of Qisas and Diyat laws in trails are inadequately addressed the purposes of criminal justice along with consequences of vast judicial discretion in Qisas and Diyat cases will not serve the purpose of administering justice. The Holy Quran hasn’t provided a dictionary definition of justice, but it establishes a conceptual approach to the principle of equilibrium, parity, righteousness, proper assessing, veracity, individual capacity and progress and the accepted mandate. The key form of justice is the egalitarianism of human personalities being valued as Human beings, evidently indicated in the Holy injunctions of and even stressed in the last Holy Sermon of (PBUH). The Qisas and Diyat laws, as pooled in Pakistan Penal Code, 1860, have not been argued and debated adequately and hence contain imperfections, tend to bring imbalance and introduce crimes like violence against women, vani, swara etc. The aim of the analysis is to address the shortcomings and loopholes prevailing in the criminal justice system by advancing solutions and concept clarity related to the institution of aqilah.

Comparative Study of Section (302) of PPC With Sections (6,7) Of Anti-Terrorism Act 1997 With Relevant Shahzaib Murder Case

The punishment for murder and terrorism offences are addressed in Section 302 of the Pakistan Penal Code (PPC) and Sections 6 and 7 of the Anti-Terrorism Act (ATA) of 1997, respectively. The defendant in the Shahzeb Khan murder case was initially found guilty and given a death sentence under Section 302 of the PPC. The Anti-Terrorism Court later took over the case, and the defendant was once more found guilty and given a death sentence in accordance with Sections 6 and 7 of the ATA. For the crime of murder, Section 302 of the PPC stipulates that the penalty is either the death penalty or life in prison. Murder is described in the section as the deliberate killing of another person without a cause or valid defense. The prosecution must establish beyond a reasonable doubt that the defendant knowingly committed murder without recourse to legal justification or excuse. This research article has tried to analyze both of these statutes in context of Shahzab Murder Case.

Insanity Defense in Criminal Cases in Courts in Pakistan

The insanity defense is an affirmative defense against the criminal liability of a person suffering from mental disorder. Pakistan incorporated McNaughton Rules in section 84 of Pakistan Penal Code, 1898 according to which a person cannot be held guilty of committing a crime if such a person, at the time of the commission of a crime, was suffering from such a mental disorder which rendered him/her incapable of knowing the nature of the act. This article discusses the substantial, procedural, and evidential law on the defense of insanity in Pakistan in criminal cases in light of the judgments of the superior courts. Furthermore, this article discusses the recent developments in criminal law regarding the defense of insanity in Pakistan. The findings of this research hold implications for legislatures, jurists, judges, lawyers, psychiatrists, psychologists, forensic experts, and policy makers.

Zero Tolerance for Workplace Harassment: Legal Regime of Pakistan

Purpose: This paper discusses how to avail protection against workplace harassment under the statutes in Pakistan, "Protection Against Harassment of Women at Workplace Act, 2010", with amendment bill 2022, which deals with harassment and provisions of the Pakistan Penal Code 1860. It dichotomizes what Acts will be considered harassment, with whom, and to what extent. It defines the procedures by which an aggrieved person can get redressal under the premises of justices. 
 Design/Methodology/Approach: Qualitative method was used to analyze statutes, local and international protocols, rules and regulations of Pakistan and developed countries.
 Findings: Sexual harassment is not an epidemic; it is a worldwide pandemic. In today's competitive world, inappropriate workplace attitude generates a dangerous and frightening atmosphere for females and inhibits their capacity to connect. It is an apparent form of gender acumen in the workplace and causes significant harm. In private and governmental institutions, male advantages are still exploited to justify violence against women. 
 Implications/Originality/Value: It is concluded that Act is revised to address the flaws mentioned above. It is essential to comply with existing laws in the true spirit of justice with zero tolerance for workplace harassment.

THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860

A majority of laws operating in Pakistan are embraced from British Legal System. Therefore, the lingua franca in legal system of Pakistan is English. However, Arabic language, being a source of transmission of Islamic law, has a great contribution to compile legal terminologies in criminal and family laws of the country. The study in hand highlights such Arabic terms, their literal and technical meanings alongside the legal interpretations incurred by the higher judiciary of Pakistan. The asymmetry between English and Arabic criminal law creates difficulty for translators as the former lacks the capacity to comprehend needs and structure of the Islamic legal system. So, Islamic criminal law can appropriately be explained and applied only through the use of Arabic terminology. Moreover, the study concludes that the workability of Arabic terminology as legal transplantation to a large extent depends upon the social and judicial acceptance or absorption in the legal fraternity in particular and in the public in general. This is a simple cross-lingual text analysis where the study is limited to analyze the prevailing Pakistan Penal Code, 1860 (PPC) and excludes all other substantive and adjective laws. Hence, further research may be conducted to find the appropriateness for inculcation of the required variant terminology in comparison with other existing laws of the country.

Women Empowerment in Pakistani Law: An Analysis from the Islamic Perspective

Women constitute about one half of the global population but they are placed at various disadvantages positions due to gender differences and biasness. Women Empowerment is a most debated issue in developing countries. It is vividly recognized that women empowerment is essential for the economic growth and reduction in poverty in developing country. Firstly this research explained the concept of women empowerment at global perspective. This research focuses on the rights of woman in the light of Islam and Pakistani law. These rights are protected in the form of different Laws, Bills and Acts in Pakistan. True implementation of these laws will be applied on the status of woman they would able to empower themselves. The main purpose of this study is to show that having all the rights either in Islamic perspective or in Pakistan Penal code why women are not able to empower themselves. Different bills, acts and conventions were discussed in this research for elaborating the rights of woman and how these laws are protecting the right of women. Another purpose of this research is to know the gap between rights in theory and practical implementation of these rights. This is a descriptive research and based on qualitative method. This research has proved after analysis on rights of women in Islam and Pakistan Penal Code that these rights encourage women to empower themselves and new laws, bills and act for the improvement of the status of woman. This research also shows that women should be aware about their rights through increasing their literacy rate.

Уголовный закон Пакистана: краткая заметка

In the article author examines the current Criminal Code of the Islamic Republic of Pakistan - Pakistan Penal Code (PPC) of 1860. A brief analysis of the system of criminal law, its main provisions related to the concept of crime, punishment, certain types of criminal encroachments both on the individual and on the interests of the state and society is given. Also, when presenting the material, the author touches on the problems of the influence of Muslim law on criminal law.

A Comparative Study of Perjury in Legal System of Pakistan and Islamic Law

Perjury is one of the crimes that harm criminal justice; Action against criminal justice means behavior that affects people's right to access the justice system or society's right to prosecute and punish criminals. The witness is considered a reason to prove disputes in both legal and criminal complaints, and due to the importance and value of the evidence, perjury has its specific implications. In our criminal justice system, testimony is a way of legal knowledge and reasoning to diagnose crimes committed by the accused. The testimony is not used in criminal matters, and ignoring his way is not against the accused. Consequently, truth is essential, and testimony cannot be used if it is not true. This paper expresses various forms and numerous aspects of perjury along with its definition, discusses perjury as part of the behavioral and psychological approach of sociology, and finally analyzes the laws of Perjury in Pakistan along with the relevant sections of the Pakistan Penal Code, 1860 (PPC), Qanoon and Shahadat Ordinance, 1984 (QSO) and The Oaths Act, 1873 and other Islamic provisions of laws relating to perjury.

Payment of Diyat in Pakistan: Exploring the Missing Islamic Spirit

Though the Islamic Republic of Pakistan (Pakistan) as established in 1947, adopted the then British oriented existing laws, it was confirmed that appropriate modification will be made in these laws. Therefore, among others, the criminal laws including Pakistan Penal Code, 1860 (PPC) have been amended particularly to bring its provisions in conformity with Islamic Injunctions. In this context, in addition to other matters of the offenses affecting human life, the provisions of Diyat have been inserted in PPC. However, the law of Diyat as introduced in PPC is not all-inclusive. On the aspect of responsibility regarding the payment of Diyat, in case of incapacity of the offender, the law of PPC as amended in Islamic context is somehow still incomplete. As such, this situation is affecting the rights of the parties. The present law of Diyat as provided in PPC, indeed, is lacking the important aspect ‘Aqilah’. The insertion of provisions of 'Aqilah' in the PPC, may make the law of Diyat in the true sense of Islamic Injunctions, and consequently, the currently arising issues of non-payment of Diyat money particularly in case of offender's poverty, maybe settled down, and it ultimately will contribute for upholding the Rule of Law in criminal administration justice system of Pakistan. This is a doctrinal and analytical based study that focuses on the relevant literature either directly or indirectly related to the research topic. It engages the investigative deliberation of both types of primary and secondary sources. Such a way of deliberating the currently prevailing situation will put our study toward a result-oriented conclusion with suitable suggestions on the topic at hand.

A Critical Study of Blasphemy Laws of Pakistan and their Impact on the Minorities of the Country

The blasphemy laws are the parts of Pakistan Penal Code which were set up by the British regime in 1860. These laws were aimed to safeguard the religious feelings of the followers of various beliefs. The laws encompassed all the religions who lived in the subcontinent. It is also said that the sections 295-B and 295-C which were introduced in 1980s are meant to shield only one religion and that is Islam. This research has critically examined the blasphemy laws of Pakistan and their impacts on the status of non-Muslims living in the country. The study has highlighted views of the adherents and the opponents of these laws. It gives a fact sheet of what has happened so far in the country in terms of the outcomes of these laws. The research includes a recent survey on issue related to blasphemy and it ends up with few recommendations.

Asia Bibi v. The State: the politics and jurisprudence of Pakistan’s blasphemy laws

This paper provides a critical appraisal of the Supreme Court judgement in the long-running and infamous case against Asia Bibi, a Pakistani Christian woman, accused of blasphemy in 2009. While the judgement is hailed as a landmark ruling, this paper argues that apart from acquitting the accused, it changes little else in the political and legal landscape of the country. The judgement relies on colonial assumptions about the nature of religious conflict in order to defend the blasphemy laws of Pakistan. This approach of the court tacitly affirms the discourses on the Islamic identity of the state that justify the marginalisation of religious minorities. The judgement reinforces the death penalty for blasphemy even as it recognises the almost ubiquitous misuse and problematic nature of Section 295-C of the Pakistan Penal Code. The court defends both the existence and the perpetuity of blasphemy laws pre-eminently on religious grounds rather than the constitution. This magnifies the grievances of Muslims ahead of the objections and concerns religious minorities in Pakistan have long raised. The court fails to seriously engage with the question of how the constitutional rights and liberties of religious minorities can be preserved so long as the law continues to endure.

Decriminalizing Attempt to Suicide in Pakistan (Treatment not Punishment; An Analytical Study)

Life is a precious gift of God and every mankind is bound to observe its sanctity. But several reasons and mental disorders have taken the force from mankind to observe the sanctity of life and as a result, they take their lives by committing suicide. By definition, Suicide refers, to the act of killing oneself, most often as a result of some mental illness. Suicide is a misfortune and to some extent a mystery. As of late, the pace of suicide has expanded in Pakistan and it has become a significant issue of the ongoing period. The surveyed pace of suicide in Pakistan as per the World Health Organization (WHO) was 7.5 per 100,000 individuals, in 2012. In straightforward words, around 13,000 individuals ended it all that year. The gauge was 2.9 per 100,000 for example more than 5,500 took their lives, in 2016. Around 15 to 35 individuals end their lives in Pakistan consistently. Hanging, utilization of bug sprays and guns are the most widely recognized techniques for ending it all. Pakistan is among few countries in which attempted suicide is yet a culpable offense as it has condemned the suicide and its attempt under Section 325 of Pakistan Penal Code 1860 with either punishment or fine or both. It is relevant to make reference to that perpetrating suicide is an ailment not wrongdoing as an individual who endeavors to end it all experiences mental issues like; sadness, tension, disappointment and he ought to be given treatment, not discipline. An individual who endeavors to end it all and comes up short ought to be treated as a 'patient', not as a guilty party of a failed suicide attempt‟. This Research Project will provide a deep insight into the problem of criminalizing suicide and attempt to suicide‟. In addition, also provide a framework for omitting or repealing Section 325 of PPC by replacing the punishment with treatment/rehabilitation.

The Offence of Abetment under the Islamic Criminal law

A person may be said to commit a crime, although, he does not directly be a part of it. To encourage, order, assist another person for the commission of a crime is considered an offence as the act or omission of principal offender is considered. To encourage, order, assist another person for the commission of a crime in legal terminology is called Abetment. Abetment in criminal law specifies distinguish between an abettor and the principal offender. Under the Pakistan Penal Code, in many cases an abettor is not awarded the same punishment as awarded to the principal offender. There are few cases in which the abettor is awarded the same Punishment as awarded to the principal offender. Under Islamic Criminal law majority of Jurists are on the opinion that Hudood punishments will be awarded only in cases where Hudood offences are committed by Participant by Action (Arabic: الاشتراك بالمباشر) in case where these are committed by Participant by abetment (Arabic: الاشتراك بالتسبب), Hudood punishments shall not be awarded to them rather Tazir Punishment may be awarded to them. Thus, Participation in crime is either directly or indirectly. Participation by action (الاشتراك بالمباشر) and Participation by abetment (الاشتراك بالتسبب). Ingredients of Participation by abetment are Consensus (الاتفاق), Instigation:(التحريض and An Assistance (الاعانة). Causes for the commission of abetment are Causeof Shariat(السبب الشرعي), Causeof usages forabetment (السبب العرفي) and Cause of common sense forabetment (السبب الحسي). Further division of Participation by action and participation by abetment: It is further divided into two forms:Tawafuqتوافق)) and Tamalo (تمالؤ). In this reaserach article The Offence of Abetment under the Islamic Criminal law is discussed in detail.

Exploring The Causes Of Suicide Incidents (With Firearm/Gun Shot) And Its Impact On Society: A Case Study Of Sindh Province Pakistan

The ratio of suicide incidents is increasing in males and females; many reasons are coupled with such incidents, to be discussed in this research article. My research is limited to Sindh Province, Pakistan. The Pakistan Penal Code, (1860) does not recognize or defines the definition of suicide, as an offense punishable under the respective offense. The wisdom behind is that the person who commits the suicide dies, the wrongful act of person also dies with the wrong doer. The ratio is more in youngsters, so, in this alarming situation, we are losing our young talented precious lives, it is not the loss of individual but whole society including our homeland (Pakistan), for the reasons that the persons those who committed suicide could have been our today’s Businessman, Economists, Scientists, Engineers, Doctors and Experts in their respective fields, includes other professionals or common persons of the society. Keeping in view increasing rate of suicide incidents, it has become mandatory to save the loss of society. The suicide is massive menace for the developing society, an analytical study is conducted on such incidents for exploring the reasons, and particularly protective and precautionary measures are suggested for taking the practical steps in the province and to implement the law in letter in sprits. The study will serve larger interest of the public and would help in eradicating self- homicide incidents this, recommendations will address the problems. The stake holders of this province and Federal Government of Pakistan may cater and redress with this recurring issue in the light of recommendations.

The Dilemma of “Blasphemy Laws” in Pakistan – Symptomatic of Unsolved Problems in the Post-Colonial Period?

By all accounts, the Islamic Republic of Pakistan has the strictest “blasphemy laws” among countries with a majority Muslim population. The controversial amendments to the provisions of the Pakistan Penal Code on “offences relating to religion” go back to General Zia ul-Haq’s top-down policies of Islamization. Despite their flaws, doubtful legitimacy, and negative repercussions, the “blasphemy laws” have neither been reformed nor abolished under subsequent governments. This contribution will shed light on the complex political, economic, and social factors that have led to both the emergence of the laws and to the continuous escalation of the situation in terms of increased sectarian and religiously- motivated violence that the ongoing debate about the “blasphemy laws” has engendered. It may be asked, to what extent the controversy on the laws can be taken as indicative of problems with which the country was confronted since its formation, and to what extent shifts and transformations in the socio-political structure of Pakistan, the inability or unwillingness of the authorities to deal with the challenges in a systematic way, and also external factors have exacerbated these deep-rooted problems.

Insanity as a Legal Defense with Special Reference to the Law in Pakistan

Much Crime is the combination of two elements namely the ‘actusreas’ and ‘mensrea’ is considered to have been committed when both these elements exist and are proven against the accused. Of these elements, ‘mensrea’ is the guilty state of mind with which a crime is committed. Hence, the law, under circumstances the mental capacity of a person is impaired due to some disease, allows legal defences for persons suffering from such mental conditions. Pakistan Penal Code, 1860 provides for a general defence of insanity to a person who, due to unsoundness of mind, cannot understand what he is doing or differentiate between right

Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention

<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>

Honour, purity and transgression: understanding blasphemy accusations and consequent violent action in Punjab, Pakistan

Since the incorporation of anti-blasphemy laws protecting the religious sentiments of the Muslim majority in the Pakistan Penal Code in the 1980s, Pakistan has seen several cases of extra-judicial killings, mob violence and vigilante action against the accused. Based on my fieldwork in Punjab, Pakistan, this paper deals with the meanings associated with blasphemy, and violent action that follows the accusations. Focusing on everyday interactions at a local level, I argue that certain understandings of the notions of honour, shame, purity, and transgression provide meaning as to what constitutes blasphemy and what are desirable courses of action to be taken in response to perceived blasphemy. I further demonstrate how public religious discourse is utilized to mobilize people, by actively legitimizing violence in the name of love, and framing as the hero – a true Muslim – one who can kill for the sake of love and hence is capable of preventing shame by defending the Prophet’s honour.