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C.L-1

The document outlines a course on Criminal Law, detailing class topics including criminology, elements of crime, mens rea, and actus reus, along with various sections of the Pakistan Penal Code (PPC) related to punishments and defenses. It covers the stages of crime, types of punishments, and the procedure for lodging FIRs, as well as specific sections regarding private defense and commutation of sentences. The course also includes presentations and seminars to reinforce the understanding of legal concepts and applications.

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Sajad Hussain
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0% found this document useful (0 votes)
14 views6 pages

C.L-1

The document outlines a course on Criminal Law, detailing class topics including criminology, elements of crime, mens rea, and actus reus, along with various sections of the Pakistan Penal Code (PPC) related to punishments and defenses. It covers the stages of crime, types of punishments, and the procedure for lodging FIRs, as well as specific sections regarding private defense and commutation of sentences. The course also includes presentations and seminars to reinforce the understanding of legal concepts and applications.

Uploaded by

Sajad Hussain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 6

CRIMINAL LAW-I SAJAD HUSSAIN LL.

B-V(B)
FIRST CLASS (11-Sep:)
Introduction to following:
 Criminology
 Crime
 Causes of crime, etc
SECOND CLASS: (18-Sep:)
 Section 1-5
 Tort and Crime & difference b/w the two
 Mens rea and Actus Rea & Difference b/w the two
 Elements of crime
THIRD CLASS: (25-Sep:)
 Analytical thinking
 Discussed about a picture where a child was making some sort of drug .
FOURTH CLASS: (2-Oct:)
 Person---------11
 Wrong full gain and loss-----23
 Dishonesty --------------------24
 Fraudulent--------------------25
 Difference between --------- 24 & 25
 Voluntarily --------------------39
 Injury --------------------------44
 Good faith --------------------52 (88 and 93)
FIFTH CLASS: (Stages of crime): (9 Oct:)
 Common intention ---------34
 Common object -------------149
 Difference between the two ---34 and 149
 Unlawful assembly ---------141 to 148
SIXTH CLASS: (16-Oct:)
 Abetment -----------107 to 118
 Conspiracy ----------120-A, 120-B
 Section 161, 191 and 143
SEVENTH CLASS: (23-Oct:)
 Infancy -------------------- 82 (Act by child under 10 year)
 Minority --------------------83 ( Act by child under 14 year)
 Exception to Abetment (e.g Coercion section 15 of ICA)
 Lunacy ---------------------------84
 Intoxication ------------------------85
 Intoxication with intent -----------86
EIGHTH CLASS: (Mid exams) 30-Oct:
AFTER MIDS
First class: (6-Nov:)
Punishments --------------53
1) Qisas------------299-k
2) Diyat -----------299-e
3) Arash----------299-b
4) Daman --------299-d
5) Tazir -----------299-a
6) Death sentences----302
7) Imprisonment for life
8) Imprisonment
9) Forfeiture of property (125, 126, 127)
10) Fine (154, 155, 170, 171, 171-G)
1) Diyat 299-e:
i. Section-323 PPC: Its minimum value is 30630 g of silver while the maximum value is not
fixed because it depends upon the financial conditions of offender.
Govt decides its value every year in the month of July (Fiscal year)
ii. Section-330 PPC: Diyat means Compensation to legal heirs of victim.
It can be given in case of murder only .
2) Qisas 299-k:
i. It is same hurt with same intensity.
ii. If there is a chance of death of offender then Qisas cannot proceed.
iii. It is a kind of revenge to specific particular person
3) Arsh 299-b:
i. Compensation payable for major hurt.
ii. It means the compensation specified in PPC to be paid to the victim or legal heirs.
4) Daman 299-d:
i. Compensation for minor hurt:
The value of Daman is decided by court that means not given in PPC.
5) Tazir 299-l
i. It means punishment other than Qisas, Diyat, Arsh and Daman:
ii. It may be inflicted by imposition of fine, imprisonment, etc.
6) Death sentence:
a. War against Pakistan 121 PPC
b. Abetment of mutiny 132 PPC
c. False evidence given in court 194 PPC (and if an innocent person is convicted and
executed based on such false evidence)
d. Murder 302 PPC
e. Dacoity with murder 396 ( Every one in dacoity will be punished with murder or life
imprisonment or rigorous imprisonment which must not be less than 4 years and more
than 10 years)
f. Murder committed during sentence of imprisonment for life.
g. Hijacking 403-B PPC
h. Abetment to minor to commit suicide, the Abettor will be punished by death.

7) Imprisonment for life: (124-A, 302, 232, 299-338-h)


a. Sedition------------------124-A PPC
b. Murder ------------------302 PPC
c. Fake currency----------232 PPC
d. From section-----------299- 338-h of PPC
e. Conspiracy to commit offence punishable by section 121 PPC
f. Collecting arms with intention of waging war against Pakistan
g. Attempt to murder 307 PPC
h. Causing miscarriage without consent of woman. 313 PPC
i. Death caused by act done with intent to miscarriage. 314 PPC
j. Kidnapping or abducting in order to murder 364 PPC
k. Punishment for belonging to gang of dacoits 400 PPC

8) Imprisonment :
i. Max: 14 years Rigorous ------------55 PPC
ii. Mini: 24 hours Simple ------------- 510 PPC (Misconduct by drunken person in public he
can be punished with Imprisonment of : 48 hours - 7 days or with Fine of : 10k - 100k.

9) Forfeiture of property:
i. Committing depredation (an act of consuming agricultural resources)----126 PPC
ii. Receiving property taken by war or by depredation-----------------------------127 PPC
iii. Public servant unlawfully buying or biding for property ---------------------169 PPC

10) Fine
i. Deserter concealed on board merchant: 1500 max: ------------------------ ---137 PPC
ii. Owner of land where unlawful assembly or riot is held: 3k max.------------154 PPC
iii. Liability of person for whose benefit riot is committed: unlimited fine-----155 PPC
iv. False statement in connection with an election: ---------------------------------171-G PPC

Sections which require state’s approval for lodging of FIR:


Offenses under Chapter VI or IXA of the Pakistan Penal Code (PPC) (except Section 127)
Offenses under Section 108A, 153A, 153-B, 294A, 295A, or 505, 120-B, of the PPC
Procedure for Lodging FIR:
The Section 196 of Cr. PC provides mechanism for Lodging of such FIR .
Prepare a detailed complaint: Document the incident, dates, individuals involved, and any evidence in a
written complaint.
Approach the concerned authority:
For offenses against the federal government, submit the complaint to the District Magistrate, who will forward
it to the Federal government for sanction.

For offenses against the provincial government, directly submit the complaint to the Provincial Government.
The government can grant or deny permission to proceed with the FIR.
If permission is granted: The District Magistrate (DM) will register the FIR and initiate an investigation. You
will receive a copy of the FIR.
If permission is denied: You can approach the High Court with a petition challenging the decision.

SECOND CLASS: (Seminar) (13-Nov:)

THIRD CLASS (20-NOV:)


Commutation of punishment : Death can be commuted into life
imprisonment(consent of wali required) but same cannot into death.

54 PPC: Commutation of sentence of death:


Federal govt can commute punishment of qatl-e-amd but only with consent of wali.
55 PPC: Commutation of sentence of imprisonment for life:
Provincial govt can commute punishment of qatl-e-amd but only with consent of wali.
55-A: Saving for president prorogative:
Nothing in section 54 or section 55 shall derogate from right of president to grant pardons.
56 PPC: Rep.
57 PPC: Life imprisonment = 25 years

60 PPC: Punishment : Either wholly simple or rigorous or Partially simple and partially
rigorous.
63 PPC: Amount of fine:
when amount of fine is not expressly given in code then it is upto discretion of judge to
observe the financial conditions of offender and also his character and degree of Mens Rea.
64 PPC: Sentence of imprisonment for non-payment of fine:
a) Offence punishable with imprisonment or fine, if offender is awarded fine only
whether with or without imprisonment:
b) Offence punishable with imprisonment or fine or both:
In default of such payment then the fine will be commuted into imprisonment which must
not exceed one-fourth of the terms of imprisonment (65 PPC).
65: Limit to imprisonment for non-payment of fine when imprisonment and fine
are
award able.
If the crime can get you jailed: The maximum jail time for not paying the fine can't be more
than a quarter of the longest possible jail sentence for the crime itself.
If the crime only has a fine: The jail time for not paying can't be more than six months.
66:

67 PPC: Imprisonment for non-payment of fine when offence punishable with fine
only:
Offence punishable with fine only: upon default in payment of fine, the court can award
simple imprisonment only for the term not exceeding:
a) If fine is R.s= 50 or less then at discretion of court for any term but not exceed 2 months
b) If fine is R.s= 100 or less then at discretion of court for any term but not exceed 4
months
c) If fine is above R.s =100 then at discretion of court for any term but not exceed 6
months .
68 PPC: Imprisonment to terminate on payment of fine:
The Imprisonment which is imposed in default of payment of fine shall terminate whenever
that fine is either paid or levied by process of law.
69 PPC: Termination of imprisonment on payment of proportional part of fine:
The imprisonment which is imposed in default of payment of fine, in such case the amount
of fine will be paid in accordance with the proportionality of imprisonment.
e.g Junaid was imprisoned for 4 months in default of payment of fine R.s 100. If Junaid
remained in jail for one month in this case he will have to pay r.s 75.
71 PPC: Limit of Punishment of offence made up of several offences.
when several acts, some of which individually constitute offenses, together form a different
offense.
This scenario arises when the combined acts are more than the sum of their parts and
create a distinct offense with its own definition and punishment.
Punishment:
In such cases, the offender cannot be punished with a more severe punishment than the
court could award for any one of the individual offenses.
Example:
A person commits theft (Section 379 PPC) and uses violence during the theft (Section 380
PPC). Both are individual offenses with separate punishments.

Under Section 71, the person cannot be punished with a sentence exceeding the maximum
punishment for either theft or aggravated theft (with violence), whichever is higher. (hint. Ek
thapar or panchh thapar saza ek).

FOURTH CLASS: (27- NOV) 72-75 PPC, Private defence 96-106:

72 PPC: Punishment of Person guilty of one of several offences, the judgement


stating that it is doubtful of which:
In all cases in which judgment is given that a person is guilty of one of several offences
specified in the judgment, but that it is doubtful of which of these offences he is guilty, the
offender shall be punished for the offence for which the lowest punishment is provided if the
same punishment is not provided for all.

Explanation:
This section applies in situations where a court finds a person guilty of one of several
possible offenses, but it cannot definitively determine which specific offense the person
committed. In such cases, the court is instructed to sentence the person for the offense that
carries the lowest possible punishment.

73 PPC: Solitary confinement:


When sentencing someone for an offense punishable by rigorous imprisonment, the
court may also order a portion of the imprisonment to be served in solitary confinement.

Duration: The maximum total duration of solitary confinement is: 3months.


Imprisonment not exceeding 6 months = 1 month solitary confinement with interval.
Imprisonment not exceeding 1 year = 2 months
Imprisonment exceeding 1 year = 3 months

Intervals: Solitary confinement periods should be spaced out with intervals equal to the
duration of the confinement periods themselves.
Limitations:
Solitary confinement can only be ordered for prisoners above 16 years old.
The total awarded imprisonment must exceed 3 months for solitary confinement to be
applicable.
Execution: Specific rules and regulations concerning the execution of solitary confinement
are listed in the Pakistan Prisons Rules, 1978.

74 PPC: Limit of solitary confinement:


Solitary confinement must not exceed 14 days at a time. It means the maximum period is
fourteen days when the term of imprisonment is exceeding 6 months.
When the term of imprisonment is exceeding three months then for 7 days in a month.

75 PPC: Enhanced punishment for certain offenders under Ch:12 or Ch:17 after
previous conviction:
This section applies when : Individuals who have been previously convicted of an offence
punishable under Chapter XII or Chapter XVII of the PPC.

Chapter XII: Offences relating to Treason (sections 121-132).


Chapter XVII: Offences Affecting Public Tranquility (sections 141-160).

Enhanced punishment: Such individuals, upon subsequent conviction of any offence


under these chapters, are liable to:
a) Imprisonment for life
b) Imprisonment of either description (simple or rigorous) for a term up to 10 years.

Three essential conditions must be fulfilled in order to enforce this section:


a) The offence must be one under either ch. XII or XVII of the code.
b) The previous conviction must have been for an offence therein (us me) punishable with
imprisonment exceeding 3 years.
c) The subsequent offence must also be punishable with imprisonment for not less then 3
yrs.

FIFTH CLASS (4-Dec:) General Exceptions 76 - 95

SIXTH CLASS (11-Dec:)


 Presentation
SEVENTH CLASS: (18-Dec:)
 Presentation

EIGHTH CLASS: (20-Dec:)


 Presentation:

Section 99: Acts against which there is no right of private defence.

 There is no right of private defence against an act which does not reasonably cause the
apprehension of death or of grievous hurt, if done, or
 Attempted to be done, by a public servant acting in good faith under color of his office,
though that act may not be strictly justifiable by law.
 There is no right of private defence against an act which does not reasonably cause the
apprehension of death or of grievous hurt, if done, or
 Attempted to be done, by the direction of a public servant acting in good faith under colour
of his office though that direction may not be strictly Justifiable by law.
 There is no right of private defence in cases in which there is time to have recourse to the
protection of the public authorities.
 The harm caused should be proportional to that of imminent danger or attack

Section 100: When the right of private defence of the body extends to causing death.
 Assault causing reasonable apprehension of death.
 Reasonable apprehension of grievous hurt.
 Committing rape
 Unnatural lust
 Kidnapping or abducting
 Wrongfully confining a person in which that person reasonably apprehends the assault and
not able to contact public authority.
 Act of throwing or attempting to throw acid, causing apprehension in the mind that assault
will cause grievous hurt.

Section 103: When the right of private defence of property extends to causing death.

1. Robbery;
2. House-breaking by night;
3. Mischief by fire committed on any building, tent or vessel, building, tent or vessel used as a
human dwelling, or a place for the custody of property;
4. Theft, mischief, or house-trespass, under such circumstances, as may reasonably cause
apprehension that death or grievous hurt will be the consequence if such right of private
defence is not exercised.

 Example: C Attempts to stab D maliciously while committing burglary in D’s house. There is
a reasonable apprehension in the mind of D that C will hurt him grievously, so in order to
save himself and property, C throttled D with a knife in his chest, causing Death. C will not
be liable.
Section 105: Commencement and continuance of the right of private defence of property.

The right of private defence of the property commences when:

 A reasonable apprehension of danger to the property commences. The right of private


defence of property against theft continues until the offender has effected his retreat with
the property
 Or, either the assistance of the public authorities is obtained,
 Or, the property has been recovered.
 The right of private defence of property against robbery continues as long as the,
 Offender causes or attempts to cause to any person death or hurt
 Or, wrongful restraint
 As long as the fear of instant death or
 Instant hurt or
 Instant personal restraint continues.
 The right of private defence of property against criminal trespass or mischief continues as
long as the offender continues in the commission of criminal trespass or mischief.
The right of private defence of property against house-breaking by night continues as long as the
house-trespass which has been begun by such house-breaking continues.

 Example: Suppose a thief into the house of an individual, and attempts to hurt him instantly
with a knife, then that individual has the right to act in private defence and harm that thief
to save life and property.

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