The right of consumers to be treated fairly and protected from exploitation is a cornerstone of a just society. In Pakistan, this is facilitated through comprehensive consumer protection laws aimed at safeguarding consumers against unfair practices, fraud, and unsafe products. This article explores the key aspects of consumer protection laws in Pakistan, focusing on consumer rights, the structure of the legal framework, and the avenues available for consumers to seek redress.

What are Consumer Protection Laws in Pakistan?

Consumer protection laws in Pakistan are designed to ensure that individuals purchasing goods or services are protected from fraudulent, deceptive, or unsafe practices. These laws provide a framework for consumers to understand their rights and seek recourse when these rights are violated. Key legislation at both the provincial and federal levels include:

• Provincial Consumer Protection Acts: Each province in Pakistan has its own consumer protection legislation that provides guidelines on how consumer complaints should be addressed and resolved.
• The Competition Act, 2010: This federal law aims to prevent anti-competitive practices that could harm consumer interests and to promote fair competition among businesses.
• The Pakistan Standards and Quality Control Authority Act, 1996: This act sets the standards for product quality and safety to ensure that all goods and services meet the established benchmarks.

Key Features of Consumer Protection Laws

1. Right to Safety

One of the fundamental aspects of consumer protection laws is the right to safety. This means that all products and services provided to consumers must adhere to safety standards set by the Pakistan Standards and Quality Control Authority (PSQCA). Businesses are legally obligated to ensure that their products do not pose any risk to the health or safety of consumers. This protection law holds manufacturers and service providers accountable for the safety of their offerings, providing consumers with the assurance of purchasing safe and reliable products.

2. Right to Information

Consumers have the right to be fully informed about the products and services they intend to purchase. This includes access to clear and accurate information regarding the price, quality, features, and terms of use of the product or service. Consumer law mandates that businesses disclose all relevant information, allowing consumers to make informed decisions and avoid misleading or deceptive practices.

3. Right to Choose

The right to choose empowers consumers to select from a wide range of products and services at competitive prices. Consumer protection laws prohibit monopolistic and anti-competitive practices that could restrict consumer choice. This aspect of the law ensures a fair marketplace where businesses compete based on the quality and value of their offerings, giving consumers the freedom to choose the best products or services that meet their needs.

4. Right to Redress

Consumers who face issues with a product or service have the right to seek redress through appropriate channels. This could include requesting a refund, replacement, or repair of a defective product. Consumer courts and regulatory bodies are established to facilitate this process and ensure that consumer complaints are addressed promptly and effectively. This right to redress is a crucial element of consumer protection law, providing a mechanism for resolving disputes between consumers and businesses.

5. Right to Consumer Education

Consumer protection laws also emphasize the importance of educating consumers about their rights and responsibilities. Government agencies and consumer advocacy groups conduct awareness campaigns and educational programs to empower consumers with the knowledge they need to protect themselves from fraudulent practices. This aspect of consumer law aims to create a well-informed consumer base that can make sound purchasing decisions and stand up against unfair practices.

The Role of Consumer Courts in Pakistan

Consumer courts play a vital role in enforcing consumer protection laws and providing a platform for consumers to seek redress. These courts are established under the provincial consumer protection acts and are responsible for handling complaints related to consumer rights violations. Here’s how the process works:

Filing a Complaint

To initiate a case in a consumer court, the consumer must file a written complaint detailing the issue, along with any relevant documents and evidence. This complaint should outline the nature of the problem, the relief sought, and any previous attempts made to resolve the issue with the business. The court reviews the complaint and decides whether to proceed with the case based on the merits of the claim.

Hearing and Resolution

Once a complaint is accepted, the consumer court schedules a hearing where both the consumer and the business are given an opportunity to present their arguments and evidence. The court examines the evidence, listens to both parties, and makes a decision based on the facts of the case. The objective of the hearing is to ensure a fair and impartial resolution of the dispute, in line with the provisions of consumer protection law.

Relief and Compensation

If the consumer court rules in favor of the consumer, it may order the business to provide compensation, replace the product, or refund the amount paid. The court may also impose penalties on businesses that engage in unfair or deceptive practices, serving as a deterrent against future violations. This aspect of consumer protection law ensures that consumers receive the justice they deserve and that businesses are held accountable for their actions.

Consumer Rights and Responsibilities

While consumer protection laws provide a robust framework for safeguarding consumer rights, it is equally important for consumers to understand their responsibilities. Here are some key rights and responsibilities that consumers in Pakistan should be aware of:

Rights of Consumers

• Right to Safety: Consumers have the right to expect that the products they purchase are safe and meet established quality standards.
• Right to Be Informed: Consumers have the right to receive complete and accurate information about the products and services they purchase.
• Right to Choose: Consumers have the right to select from a variety of products and services at competitive prices.
• Right to Redress: Consumers have the right to seek redress through appropriate channels if they have a complaint or dispute.

Responsibilities of Consumers

• Awareness: Consumers should be aware of their rights and responsibilities under consumer protection law. This includes understanding the terms and conditions of a purchase and being vigilant about product safety and quality.
• Honest Communication: Consumers should provide accurate and honest information when purchasing products or services. This includes disclosing any relevant information that may affect the purchase decision.
• Prompt Action: If a consumer has a complaint or dispute, they should take prompt action to seek redress. This includes filing a complaint with the appropriate authority or consumer court in a timely manner.

Consumer protection laws in Pakistan are designed to promote fair trade practices, protect consumer rights, and ensure a safe marketplace. By understanding these laws, consumers can make informed decisions and protect themselves from unfair practices. Businesses, on the other hand, are encouraged to adhere to these laws and prioritize the safety and satisfaction of their customers. Together, these efforts contribute to a transparent and equitable marketplace that benefits both consumers and businesses.

There is limited awareness of the Criminal Justice System among citizens in Pakistan. As a result, in the case that individuals encounter a crime, whether they are the victimized or the accused, they lose out on the most strategic ways to navigate such situations. And so, perpetrators of crime either get away with their acts or those who have been falsely accused end up in jail. This blog aims to take you through the workings of the criminal justice system in Pakistan.

WHAT IS THE CRIMINAL JUSTICE SYSTEM (CJS)?

The Criminal Justice System (CJS) is the set of laws, principles, and procedures intended to process cases against accused persons and subsequently, hold those guilty, accountable in ways that the law prescribes. The purpose of our CJS is to control crime, prevent crime, punish offenders, protect the innocent, get justice for victims, and maintain a fair degree of cohesion and stability in society. The system describes the offences, punishments, procedures, and ways to punish those who violate laws of the society.

The three main contributors/agencies of the Criminal Justice System are:

• Courts
• Prosecution
• Police

And, the two main laws governing the Criminal Justice System are:

• The Code of Criminal Procedure, 1898
• The Pakistan Penal Code, 1860

STEP-BY-STEP PROCESS (Criminal Justice System CJS)

So how does it Criminal Justice System (CJS) actually work in the practical world?

Step 1: Register the FIR

The process begins with registering the FIR (First Information Report). It is the responsibility of the victim to reach out to the police and register the FIR as soon as possible. But it’s seen that there’s normally a delay between the occurrence of a crime and the filing of complaints. Such delays hamper the victim’s case and can also be held against them in a court of law. Therefore, it’s essential to create awareness among people and urge them to file an FIR as soon as possible after the crime occurs.

Step 2: Police Investigation & Inquiry

After filing an FIR, the next step is the investigation and inquiry of the case. It’s carried out by the Police’s Investigation Officer (IO) who handles the crime scene, collects the evidence of the offence committed and records the statements of the eyewitnesses, the accused, and potential suspects. The IO is supposed to be a competent officer who maintains an unbiased approach throughout the investigation and inquiry. Unfortunately, evidence handling and collection aren’t carried out properly and the sanctity of the crime scene, and the evidence, aren’t preserved in Pakistan, which can have an adverse impact on the case. Once the investigation and inquiry stage is complete, the police draw up an investigation challan which is the final and conclusive investigation report.

Step 3: Criminal Prosecution and Trials

Once the IO submits the investigation challan, the accused is charged and the trial properly commences. The public prosecutor (a lawyer appointed by the state) pleads the case for the complainant/victim of a crime (albeit to assist the prosecution; the complainant is free to hire a private lawyer) while a defense lawyer pleads the case on behalf of the accused against the offences charged against him/her. The prosecutor assists the court in the trial by examining the witnesses and the evidence available against the accused. Thereafter, the defense is given a chance to examine the witnesses and prove that the evidence presented in the court is not enough to punish the accused. If there is an alibi, then the defense provides proof. If the defendant pleads that the accused is insane then a medical board sits and assesses the mental health status of the accused.

Step 4: Adjudication

After the trial and prosecution, the role of the judge comes into play. Based on the trial that took place in the court and the eyewitnesses and evidence presented, the judge makes a rational decision based on the requisite laws of Pakistan.

Step 5: Implementation of Verdict

Once the trial is concluded and justice is served, the Accused either receives his punishment or is set free by the court. However, there are also ways to reduce or nullify the punishment. One of them is Deeyat (or Blood Money) where the victim or the inheritor (in case of the victim’s absence) can receive compensation for the crime caused and the accused is freed. In some cases, the court can rule out this possibility and still punish the criminal.

The sentence can be also reduced by the court if and only if the Criminal Justice System finds that the convict is displaying exemplary behavior and conduct, or due to a severe medical condition.

Get Help – Hire a Criminal Law Expert

Being involved in a crime, whether as a victim or as an accused, is a traumatic and unsettling experience. Mistakes at the early stages of a crime can prove to be fatal when matters come to trial. Thus, it is best to get professional advice to guide and assist you through the whole process for several reasons. The lawyers at Sardar & CO. are well-equipped and experienced to deal with all such matters. You should consult Sardar & Co. for several reasons:

• Sardar & Co. cares about you as it has one job which is to be your advocate at the trial. It is our job to protect your rights and to voice your best interest. assess the situation and form a plan to take the actions required to facilitate positive outcomes for you.
• You are hiring an expert and as such, we can devote our energy and time solely to building a solid case on your behalf.
• Prompt action can lead to mitigation, the earlier you take action for your case the higher the likelihood of a successful case. Do not let delays or faulty police investigations ruin your case.
• You may be facing heavy penalties because of what is at stake in your case. You may think you are innocent but you need to take every action available to ensure that your innocence is proven and you do not suffer. You need someone who will protect you against such injustice.

Long-term financial benefits, while this seems contradictory, hiring an experienced criminal lawyer can reduce the costs associated with criminal charges in the long run.

Domestic violence is a pattern of behavior in familial relationships, used to gain or maintain power and control over an intimate partner. Domestic violence can include physical, sexual, emotional, economic, or psychological actions or threats that influence and terrorize another person. Domestic violence can include frightening, intimidating, manipulating, hurting, humiliating, blaming, hitting, injuring, or wounding someone. Here it is important to note that victims of domestic violence may also include children, relatives, or any other household member.

The Law Against Domestic Violence in Pakistan

Domestic violence is a pervasive issue in Pakistan, with an estimated 40% of women having reported experiencing abuse from a partner or family member. Despite the prevalence of this issue, there are very few laws in place to protect victims. In this article, we’ll explore what the law against domestic violence in Pakistan looks like and how it can be used to protect survivors. We’ll also discuss how NGOs and other organizations are fighting for better legislation and stronger enforcement of existing laws in order to ensure that all women have access to the justice they deserve.

The Types of Domestic Violence

1. There are four types of domestic violence under Pakistani law: physical, mental, sexual, and economic.
2. Physical domestic violence is when a person is physically harmed by their intimate partner. This can include hitting, kicking, burning, or using any other type of force against the victim.
3. Mental domestic violence is when a person is psychologically harmed by their intimate partner. This can include verbal abuse, threats, intimidation, or controlling behavior.
4. Sexual domestic violence is when a person is forced to participate in sexual activity against their will or without their consent. This can include rape, sexual assault, or unwanted sexual touching.
5. Economic domestic violence is when a person is financially harmed by their intimate partner. This can include withholding money, preventing the victim from getting or keeping a job, or destroying property belonging to the victim.

The Domestic Violence Act

The Domestic Violence Act was passed in 2010 and criminalizes various forms of domestic violence, including physical, sexual, emotional, and economic abuse. The act also provides for protection orders and redressal mechanisms for victims of domestic violence.

What is considered domestic violence in Pakistan?

Domestic violence is a serious problem in Pakistan. According to a report by the Human Rights Commission of Pakistan, over 1,000 women are killed each year in Pakistan as a result of domestic violence. The problem is exacerbated by the fact that there is no law against domestic violence in Pakistan.

While there is no specific law against domestic violence in Pakistan, there are a number of laws that can be used to prosecute perpetrators of domestic violence. These include the penal code, the criminal procedure code, and the Muslim Family Laws Ordinance.

The penal code contains provisions that can be used to prosecute perpetrators of domestic violence. For example, section 302 of the penal code deals with murder, and section 307 deals with attempted murder. Section 310 deals with hurt caused by dangerous weapons or means, and section 324 deals with voluntarily causing grievous hurt by dangerous weapons or means.

The criminal procedure code contains provisions that deal with procedures for arrests and bail in cases of domestic violence. Section 506 deals with punishment for criminal intimidation, and section 509 deals with punishment for using insulting words or gestures to provoke a breach of the peace.

The Muslim Family Laws Ordinance contains provisions that deal with marriage, divorce, custody, and maintenance in cases of domestic violence. For example, section 496-A deals with dowry demands made after marriage, and section 498-A deals with cruelty by husband or his relatives towards a wife.

Who can file a complaint of domestic violence?

In Pakistan, any woman who is a victim of domestic violence can file a complaint against her abuser. The first step is to contact the police and make a report. Once the police have been notified, they will investigate the abuse and determine whether there is enough evidence to file charges against the abuser. If there are sufficient grounds for doing so, the abuser will be arrested and taken into custody.

The next step is for the victim to file a petition with the court, which will then issue a protection order requiring the abuser to stay away from the victim and her family. The protection order can also include other provisions such as ordering the abuser to surrender any firearms he may have in his possession. If the abuser violates the protection order, he can be arrested and charged with contempt of court.

If you are a victim of domestic violence, it is important to know that you have legal options available to you. You should not hesitate to reach out for help if you are in an abusive situation.

What are the penalties for domestic violence in Pakistan?

Under Pakistani law, domestic violence is a criminal offense. The penalties for domestic violence depend on the severity of the offense and can range from a fine to imprisonment. In some cases, the offender may also be required to pay restitution to the victim.
If you are convicted of domestic violence in Pakistan, you may face any of the following penalties:

• A fine of up to Rs. 100,000
• Imprisonment for up to 2 years
• Restitution to the victim
• Probation