Introduction

Pakistan follows a common law legal system which is based upon the Indian Penal Code enacted in 1860
during the British Rule in India. At the time of independence in 1947, the Pakistani legislative body adopted
the same penal code for the new country. The penal code is the main criminal code that defines offences
and their corresponding punishments. It plays an important role in Pakistan's criminal justice system.

Key Features of the Penal Code

The penal code defines three types of offences - cognizable and non-cognizable and bailable and non-
bailable. Cognizable offences are those for which police can arrest without a warrant from a magistrate.
Non-cognizable offences require police to obtain a warrant before making an arrest. Bailable offences
allow release of the accused on furnishing bail while non-bailable ones do not allow bail.

The code categorizes offences on the basis of their seriousness and corresponding punishments. Offences
are classified into felonies and misdemeanours. Felonies are more serious crimes carrying more severe
punishments like death, life imprisonment or long term imprisonment, while misdemeanours attract
lighter penalties.

The code also outlines the concepts of culpable and non-culpable acts. Culpable acts involve intention or
negligence while committing a crime. Non-culpable acts are done without criminal intent such as
misfortune or accident. Mens rea, or criminal intent is a key element required to prove most serious
offences.

Overview of Major Offences

The penal code defines many types of criminal offences. Some major ones are:

Offences against the state - treason, waging or attempting to wage war or abetting the enemy.

Offences relating to the army - mutiny, desertion, disobedience and other military offences.

Offences against public tranquility - rioting, affray.

Offences against human body - culpable homicide, murder, suicide, abortion, causing hurt, grievous hurt.
Offences relating to kidnapping, abduction, slavery.

Offences relating to rape.

Offences of criminal intimidation, insult, defamation.

Offences against property - theft, dishonest misappropriation, criminal breach of trust, robbery, dacoity,
criminal mischief.

Offences relating to forgery.

Offences relating to currency notes and coins.

Offences against marriage such as bigamy.

Offences relating to causing pollution and public nuisance.

The code comprehensively defines elements of each offence and corresponding punishment. For serious
offences, the code also defines circumstances for enhancing or reducing punishment severity.

Notable Amendments

Over the decades, the penal code has undergone some amendments to keep up with the changing times
and address new types of offences. Some notable amendments include:

Additions of offences against domestic violence through the Criminal Law (Amendment) Act 2004.

Expanding rape definition and punishment through Criminal Law (Second Amendment) Act 2004.

Inserting sections on cybercrimes through Prevention of Electronic Crimes Ordinance 2007.

Inserting sections on honour killings through Criminal Law (Amendment) (Offences in the name or pretext
of Honour) Act 2016.

Raising age of consent for marriage from 16 to 18 years through Child Marriage Restraint Act 2017.

Including acid throwing as a separate offence through Criminal Law (Amendment) Act 2017.

Issues and Criticism

While the penal code provides a comprehensive framework for criminal offences, some issues have also
emerged over time:

It largely retains the British colonial framework with minimal indigenization for Pakistani context.

Inadequate definition and punishment for certain new age crimes like white collar crimes.

Overlap and ambiguities between federal and provincial laws on similar crimes.

Low conviction rates for serious crimes due to outdated investigative techniques.

Lengthy trial processes cause loss of evidence and weakened prosecutions.

Inconsistencies between written laws and their application in different parts of Pakistan.

Need for further reforms and harmonization with international standards and obligations.

Lack of comprehensive laws on victim and witness protection.

Way Forward

To address these issues and make the penal code more effective and relevant in current times, legal experts
emphasize the need for further comprehensive reforms and modernization. Some recommendations
include:

Compiling all criminal laws into a consolidated statute for coherence and ease of reference.

Continuous review and updates to plug gaps, remove overlaps and include new age crimes.

Aligning with Pakistani socio-cultural context while respecting international standards.

Ensuring uniform application of laws across Pakistan through capacity building of judiciary and police.

Strengthening forensic capabilities to improve investigations and prosecutions.

Focusing on restorative justice and decriminalizing petty crimes.

Prioritizing victim and public interests through holistic, sensitive justice system reforms.

Conclusion

In summary, Pakistan's penal code forms the core framework for its criminal justice system. While
providing definitions and punishments for a wide range of offences, it requires ongoing reforms to address
emerging challenges. Harmonized implementation of a more responsive, rights-based penal framework
could help Pakistan achieve improved law and order as well as justice outcomes for its citizens.