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  #31  
Old Wednesday, June 25, 2014
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PUNISHMENT UNDER PAKISTAN PENAL CODE
=================================================
The scheme of the punishment is laid down from sections
53 to 75 of the pakistan penal code out of which five
sections namely sections 56, 58, 59, 61, and 62 have
already been repealed. Different types of punishments rules
for their assessment and enhancement in subsequent
offence, from the subject matter of this topic .
PUNISHMENT IN ISLAM
=================================================
The punishment in islam in its nature, is deterrent as well as
reformative. Recent researches reveal that imprisonment is
and has, infact proved itself to be a source of producing
criminals, besides bringing a burden on public ex-chequer.
Fine, as prescribed in various modern legislative
enactments, has miserably failed to achieve the desired
results . It neither bring any reformatory to the criminalnor
put any deterrent effecton him. Specially in these days
when the money value has gone down tremendously, the
country's old scales of fines failed to produce any effects
on the minds of the criminal. It is suggested that provisions
relating to imposition of fine and prescribing imprisonment
in various enactments may be reconsideredin the light of
their effects on reforming the criminal vis-a-vis the islamic
principles of punishment.
Islamic law has also additional forms of punishements. A
person who is convicted of false accusation of fornication
for example, is deprived of the right of testimony, a pnalty
which corresponds to some extent to the loss of civil status
which accompanies some convictions, today.
Punishments in islam are of three kinds
HADD
QISAS
TAAZIR
According to section 53 as amended by the criminal laws
amendment act II of 1997, the offenders areliable to the
following punishments:
1. Qisas
2. Diyat
3. Arsh
4. Daman
5. Taazir
6. Death
7. Imprisonment for life
8. imprisonment of two description (1) rigorous (2) simple
9. Forfeiture of property
10. Fine
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  #32  
Old Wednesday, June 25, 2014
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CRIMINAL CONSPIRACY
-------------------------------------
Conspiracy differs from oter offences in this respect that in
other offences the intention to do a criminal act is not a
crime of itself untill something is done amounting to the
doing or attempting to do some act to carry out the
intention, conspiracy on the other hand consisit simply in
the agreement or confederacy to some act, no matter
whether it is done or not.
When two or more persons agree to do , or cause to be
done:
(i) an illegal act
(ii) or a legal act by illegal means
such an agreement is designated a criminal conspiracy,
provided that no agreement except an agreement to commit
shall amount to criminal conspiracy unless some act
besides the agreement is done by one or more parties to
such agreement in pursuance thereof...... section 120-A
PPC.
PUNISHMENT OR CRIMINAL CONSPIRACY
------------------------------------------------------------------
As regards punishment section 120-B P.P.C provides that
one who is a party to a criminal conspiracy to commit an
offence punishable with death, imprisonment for life, or
rigorous imprisonment for a term of two years or upwards,
shal, where there is no provision for the punishment of such
a conspiracy, be punished as an abettor of such offence, in
other cases he shall be liable to a punishment that may
extend to six months , or with fine or with both.
ABETMENT AND CONSPIRACY
----------------------------------------------------
As regards the difference between abetment and conspiracy
the former is the wider of the two , it is a genus of which the
offence of conspiracy is a species. Abetment may be
committed in various ways enumerated in section 107 and
108 and conspiracy is one of them. Abetement per se is not
a substantive offence, while criminal conspiracy is a
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  #33  
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ATTEMPT TO ESCAPE FROM CUSTODY
--------------------------------------------------------------
The provisions relating to an attempt to escape from
custody are contained in sections 224,225, and 225-B of the
pakistan penal code.
They provide punishment :
(a). for a person resisting or obstructing the lawful
apprehension of himself for any offence with which he is
charged or of which he has been convicted, orescaping or
attempting to escape from legal custody. ...............
imprisonment upto two years with fin or with both.
(b). resisting or obstructing lawful apprehension of another
person for an offence or rescuing or attempting to rescue
himfrom legal custody......... punishment upto two years or
with fine, but if the person to be apprehended is charged for
an offence punishable :
(1). with imprisonment for life or imprisonment for ten
years.
(2). or with death
the sentence provided is upto three years and seven years
respectively and
(c). resistance or obstruction to lawful apprehension or
escape or rescue in cases not covered by the above two
provisions........ imprisonment upto six months or with fine.
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  #34  
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HARBOURING AN OFFENDER
----------------------------------------------
The word "harbour" according to section 52-A, includes the
supplying a person with shelter, food, drink , money,
clothes, arms, ammunition or means of conveyance, or the
assisting a person by any means to evade apprehention.
The various provisions in the penal code relate to
harbouring or concealing a person knowing him to be an
offender with the intention of screening him from legal
punishment, harbouring or concealing an ofender having
escaped from custody, or whose apprehension has been
ordered, and knowingly harbouring any persons who are
about to commit or have committed Robbey or Dacoity.
The above provisions however, do not extend to the case in
which the harbour is given by the wife or husband of the
person harboured, ( sections 212, 216, 216-A)
The above However, presupposes that some offence has
been actually committed and that the harbourer gives refuge
to a person knowingly that thereby he helps to evade his
apprehention or screens him from legal punishment . It does
not apply to the harbouring of persons , not being criminals,
who abscond to avoid or delay a judicial investigation
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  #35  
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Solitary confinement
====================
Solitary confinement is a punishment or special form of
imprisonment in which a prisoner is denied contact with any
other persons, excluding members of prison staff. It is
considered by some as a form of psychological torture. It is
usually cited as an additional measure of protection (of
society) from the criminal. It is also used as a form of
protective custody.
Solitary confinement is colloquially referred to in American
English as the 'hole', 'lockdown', the 'SHU' (pronounced
'shoe') or the 'pound', and in British English as the 'block' or
the 'cooler'
This is a kind of imprisonment which secludes the prisoner
from any intercourse or sight of, and communication with
other prisoners. it may be accompanied with or without
labour.
Section 73 of pakistan penal code provides that whenever
any person is convicted of an offence for which under the
code the court has power to sentence him to rigorous
imprisonment , the court may by its sentence , order that the
offender shall be kept in solitary confinement for any
portion or portions of the imprisonment to which he is
sntenced, not exceeding three months in the whole.
TERM OF IMPRISONMENT SOLITARY CONFINEMENT
---------------------------------------------
------------------------------------------------
** Not exceeding six months ** a time not exceeding one
month
**exceeding 6 months but not exceeding one month ** time
not exceeding two months
** exceeding oe year ** time not exceeding three months
It is clear from the above that a sentence inflicting solitary
confinement for the whole term of imprisonment is illegal. It
must bear only a portion of the term of imprisonment.
Section 74 of the code further limits the solitary
confinement by providing that in executing a sentence of
solitary confinement , such confinement shall in no case
exceed fourteen days at a time, with intervals between the
periods of solitary confinement of not less duration than
such periods, and when the imprisonment awarded shall
exceed three months, the solitary confinement shall not
exceed seven days in any month of the whole imprisonment
awarded, with intervals between the periods of solitary
confinement of not less duration than such periods.
Solitary confinement as a ruleis not ordered unless there
are special features appearing in the commission of the
offence.
Use and criticism
=====================
Those who accept the practice consider it necessary for
prisoners who are considered dangerous to other people
("the most predatory" prisoners), those who might be
capable of leading crime groups even from within, or those
who are kept 'incommunicado' for purported reasons of
national security. Finally, it may be used for prisoners who
are at high risk of being attacked by other inmates, such as
pedophiles, celebrities, or witnesses who are in prison
themselves. This latter form of solitary confinement is
sometimes referred to as protective custody.
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  #36  
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Counterfeiting :
A person is said to counterfeit who :
(i) Causes one thing to resemble another thing .
(ii) intending by means of that resemblance to practise
deception, or
(iii) knowing it to be likely that deception will thereby be
practised .
Explanation :
(1) It is not essential to counterfeiting that the imitation
should be exact .
(2) When a person cause one thing to resemble another
thing, and the resemblance is such that a person might be
deceived thereby, it shall be presumed, until the contrary is
proved, that the person so causing the one thing to
resemble the other thing intended by means of that
resemblance to practise deception or knew it to be likely
that deception would thereby be practised .
(S . 28)
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  #37  
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PUNISHMENT FOR OFFENCES COMMITTED OUTSIDE
PAKISTAN...
==================================================
========
==================================================
========
There is no express enactment by which the pakistan's
legislature can assume to render foreigners subject to the
criminal law with reference to acts committed by them
beyond the limits of pakistan. In the words of chief justice
Cockburn,
" proposition of law can be more incontestable or more
universally admitted than that, according to the general law
of nations, a foreigner, though criminally responsible to the
law of the nation not his own for acts done by him while
within the limits of its territory, cannot be made responsible
to its law for acts done beyond such limits . The rule must
however, be taken subject to this qualification, namely6,
that if the legislature of a particular country should think fit
by express enactment to render foreigners subject to its law
with reference to offences committed beyond the limits of
its territory, it would be incumbent, on the courts of such
country to give effect to such enectment, leaving it to the
state to settle the question of international law withthe
governmentsof other nations."
The acts of a foreigner committed by him in the territory
beyond the limits of pakistan do not, therefore constitute an
offence against the penal code, and consequently, a
foreigner cannot be held criminally responsible under that
code by the tribunals of this country for acts committed
byhim beyond its territorial limits.
It is only for acts done when the person doing them is within
the territory over which the authority of pakistan law
extends, that the subjects of a foreign state owe obedience
to that law and can be made amenable to its jurisdiction.
Thus when it is sought to punish a person, who is not a
pakistani subject, as an offender in respect of certain act,
the question is not, where was the act committed, but, was
the person at the time when the offence was committed,
within the territory of pakistan.
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  #38  
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Extradition
EXTRADITION....
=========================
=========================
Extardition means the surrender of fugitive offender by one
state to another in which the offender is liable to be
punished or has been convicted. The law of extradition is
founded upon the broad principle that it is to the interest of
civilized communities that crimes, acknowledged to be
such, should not go unpunished, and it is part of the comity
of the nations that one state should afford to another every
assistance towardsbringing persons guilty of such crimes
to justice.
Between nation states, extradition is regulated by treaties.
Where extradition is compelled by laws, such as among
sub-national jurisdictions, the concept may be known more
generally as rendition.
The consensus in international law is that a state does not
have any obligation to surrender an alleged criminal to a
foreign state as one principle of sovereignty is that every
state has legal authority over the people within its borders.
Such absence of international obligation and the desire of
the right to demand such criminals of other countries have
caused a web of extradition treaties or agreements to
evolve; most countries in the world have signed bilateral
extradition treaties with most other countries.
The refusal of a country to extradite suspects or criminals
to another may lead to international relations being
strained.
Often, the country to which extradition is refused will
accuse the other country of refusing extradition for political
reasons (regardless of whether or not this is justified). A
case in point is that of Ira Einhorn, in which some US
commentators pressured President Jacques Chirac of
France, who does not intervene in legal cases, to permit
extradition when the case was held up due to differences
between French and American human rights law.
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  #39  
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OFFENCES AGAINST THE STATE:
==================================
==================================
The offences against the state may be classified as under:
1. Waging or attempting or conspiring to wage or collecting
men and ammunition to wage war against the government
of pakistan ( sections 121, 121-A, 122 and 123 of pakistan
penaal code.)
2. Assaulting president, or governor of any province with
intent to compel or restrain the exercise of any lawful
power.
( section 124 of pakistan penal code).
3. Sedition (section 124-A of pakistan penal code).
4. War against the government of any asiatic power at
peace with pakistan or committing depredations on the
territories of such power ( sections 123 - 126 of pakistan
penal code)
5. Permitting or aiding or negligently suffering the escape
of, or rescuing or harbouring, a tate prisoner.(Ss. 128- 130
ppc)
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  #40  
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ENHANCED PUNISHMENT
============================
Section 75 of pakistan penal code provides that whoever,
having been convicted by a court in pakistan of an offence
punishable under chapterXII or chapter XVII of the code with
imprisonment of either description for a term of three years
or upwards, shall be guilty of any offence punishable under
any of those chapters with like imprisonment for the like
term, shall be subject for evey such subsequent offence to
imprisonment for life , imprisonment for either description
for a term which may extend to ten years.
The above section does not create a substantive offence,
but only imposes a liability to enhanced punishment under
the following conditions :
1. The previous conviction must have been under chapter
XII or chapter XVII of the pakistan penal code punishable
with three years imprisonment.
2. The previous conviction must not have necessarily
resulted in the awarding of three years punishment, but it
must be an offence punishable with three years
improsonment or more.
3. The subsequent offence must have been committed after
the previous conviction, i.e, the section is inapplicable to
offences committed at one and at the sid time.
4. The subsequent offence must be an offence punishable
with three years imprisonment or more.
5. The subsequent offence must fall under chapter XII or
chapter XVII and be punishable with three years
imprisonment or more before section 73 of the pakistan
penal code can be made applicable.
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