Pakistan’s legal system is based on Islamic law, with criminal laws rooted in sharia. As such, the country has a unique set of laws that govern criminal offenses, punishments and more. In this blog post, we will take a closer look at what criminal laws are in Pakistan and how they differ from those in other countries. We will also discuss why these laws exist and the implications they have for citizens living in Pakistan. Read on to learn more about criminal laws in Pakistan and what they mean to you.
What is Criminal Law?
Criminal law is the body of law that pertains to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one’s self. In Pakistan, criminal law is established by the Pakistan Penal Code (PPC), which is a comprehensive code that sets out the criminal offenses and penalties that apply throughout the country.
WHAT ARE THE OBJECTIVES OF CRIMINAL LAW?
The most fundamental objective of criminal-law or the criminal justice system as a whole is to ensure that the guilty are punished and the innocent are acquitted. Criminal law also attempts to protect life and order in society by preventing crime. Above all, the criminal justice system stands on three pillars: investigation, prosecution, and trial which strives for a fair application of the law.
Who is criminal law applied to?
Criminal law is applied to adults (individuals above the age of eighteen), however, due to the method of age determination of children in Pakistan, they can also be considered and treated as adults in criminal-law. This has been internationally condemned and measures are being taken to uphold better practices in child legal law, but unfortunately, about ten percent of the current death row population in Pakistani jails consists of juvenile prisoners.
How is criminal law practically exercised all across Pakistan?
Understanding how criminal law is exercised across Pakistan requires us to delve deeper into the criminal-law system. The Criminal Justice System in Pakistan can be further categorized into five components i.e. the police, judiciary, prisons, prosecution, probation and parole. Moreover, the constitution of Pakistan dictates that the law and order in the country are the responsibility of the provinces that discharge it through their respective provincial governments. The provinces then manage the criminal justice system through the home and prosecution departments and ensure the just application of the law. Federally, there are measures to deal with inter-provincial coordination on criminal matters and it is carried out by the Ministry of Interior, furthermore, departments such as the Federal Investigation Agency (FIA) have been established by the federal government to investigate and prosecute organized crimes of illegal immigration, human trafficking, cybercrime, etc.
While we can endlessly elaborate on the intricate details of the criminal justice system in Pakistan, the crux of the matter is that we need to understand the delegated nature of legislation as a mechanism, and what it means for people upholding the law in different provinces. All across Pakistan, the constitution is upheld, however, the intricate details which can affect a singular case will most likely be defined in the sub-articles and clauses of the provincial criminal-law. Thus, it is crucial to have knowledgeable and experienced representation for your case, which can deal with provincial and federal law complexities.
Issues with criminal law in Pakistan
Pakistan’s criminal justice system, as a whole, performs rather poorly compared to the rest of the world, in the Rule of Law Index for the Year 2017-18, compiled by the World Justice Project, shows that out of the 113 countries that were studied in terms of the overall performance, Pakistan ended up in the lower bracket at 105. As a whole, there are a number of issues in the perceptions of government accountability, corruption across institutions, bribery victimization, fundamental freedom violations, crime victimization, criminal justice incompetency, and lack of legal awareness.
Although these issues span across the criminal justice system, criminal-law in itself being part of the said system is inherently affected by these issues as well. Keeping these shortcomings of the law in mind is crucial in practicing criminal-law, which is learnt through experience and wisdom of the law.
Who enforces criminal laws in Pakistan?
Pakistan’s criminal laws are enforced by the police. The police are responsible for investigating crimes and arresting suspects. They also work with the prosecutor to bring cases to court.
What are some common Pakistani criminal laws?
There are many different criminal laws in Pakistan, but some of the most common include:
- Theft
- Burglary
- Robbery
- Assault
- Battery
- Rape
- Murder
What are the penalties for breaking Pakistani criminal laws?
If you break the Pakistani criminal law, you could face a number of penalties. These can include fines, imprisonment, or even execution. The specific penalty will depend on the nature of the crime and the circumstances surrounding it. For example, murder is punishable by death, while kidnapping can result in a prison sentence of up to 14 years.
Are there any exceptions to Pakistani criminal law?
There are a few exceptions to Pakistani criminal law. One exception is if the crime was committed in self-defense. Another exception is if the crime was committed under duress, meaning that the person committed the crime while under threats, violence, constraints, or other actions to coerce them.
What is the legal system in Pakistan?
The legal system of Pakistan is based on English common law, with some influences from Islamic law. The Constitution of Pakistan establishes the fundamental rights and freedoms of Pakistani citizens, and sets out the principles of the country’s legal system.
The Federal Shariat Court has jurisdiction over all civil and criminal matters in which Islam is a party, and can review any legislation to determine whether it is “repugnant to Islam”. All laws must be compatible with the Constitution and the Shariat Court can strike down any law it finds to be contrary to Islam.
Pakistan’s criminal laws are largely codified in the Pakistan Penal Code (PPC), which was enacted in 1860. The PPC covers a wide range of offences, from murder and theft to defamation and public nuisance. Many of these offences are also punishable under Islamic law.
The PPC contains a number of provisions that are specific to Pakistan, such as those relating to terrorism, honour killings and forced marriage. There are also a number of offences that are unique to Pakistan, such as those relating to blasphemy.
At Sardar & Co, clients can find an extremely knowledgeable, dedicated, and professional team of criminal lawyers who have handled numerous criminal cases and miscarriages of justice. Our team of lawyers guarantee that they will defend the rights of their clients in court, seeking to deliver the best possible outcome.