Criminal Law
2019
Q1: Write cases in which qisas for hurt shall not be enforced?
Answer:
Qisas (retaliation) for hurt will not be enforced in the following cases:
1. If the victim forgives the offender.
2. If the offender is a close relative of the victim.
3. If the injury was accidental and not intentional.
4. If the injury is minor and does not qualify for qisas.
Q2: Explain defamation and give an illustration. Also, enumerate exceptions?
Answer:
Defamation means harming someone's reputation by making false statements.
Example:
If someone falsely says, "That person is a thief" without proof, it is defamation.
Exceptions:
1. Truth – If the statement is true and in the public interest.
2. Fair comment – Honest opinion based on facts.
3. Statements in court or parliament – If said as part of official duties.
Q3: Describe the conditions for the application of Section 489-F of the Pakistan Penal Code.?
Answer:
Section 489-F deals with issuing a dishonored cheque (bounced cheque). The conditions for its application are:
1. A person must issue a cheque to pay off a loan or obligation.
2. The cheque must be dishonored (bounced) due to insufficient funds or other reasons.
3. The person issuing the cheque must have done so dishonestly.
The punishment for this offense can be imprisonment or a fine.
Q4: Explain and differentiate forgery and making a false document?
Answer:
Forgery means creating, altering, or using a false document to deceive others.
Making a false document means preparing a document that is not genuine with the intent to commit fraud.
Difference:
1. Forgery is a broader term and includes making a false document.
2. Making a false document is just one step of forgery, whereas forgery includes using it to deceive.
Q5: Define any three of the following?
(a) Mischief: Causing damage to property or harming someone intentionally.
(b) Cheating: Deceiving someone to gain money, property, or benefits.
(c) Criminal Breach of Trust: Misusing property entrusted to someone for personal gain.
(d) Criminal Trespass: Entering someone’s property illegally with bad intentions.
(e) Assault: Attempting or threatening to cause harm to another person.
Q6: Differentiate any two of the following?
(a) Robbery vs. Dacoity
Robbery: Stealing from someone by using force or threats.
Dacoity: When five or more people commit robbery together.
(b) Kidnapping vs. Abduction
Kidnapping: Taking a minor or a person against their will.
Abduction: Using force, fraud, or persuasion to take someone away.
(c) Wrongful Restraint vs. Wrongful Confinement
Wrongful Restraint: Preventing a person from moving freely.
Wrongful Confinement: Keeping a person in a place where they cannot escape.
(d) Shajjah vs. Jurh
Shajjah: An injury on the head or face.
Jurh: An injury on any other part of the body.
Q7: Explain and differentiate compounding of offense and compounding of qisas?
Answer:
Compounding of offense means a case can be settled between the victim and offender with the victim’s consent. The state does not interfere.
Compounding of qisas means the victim or their heirs forgive the offender in exchange for compensation or without any compensation.
Difference:
1. Compounding of offense applies to general crimes, while compounding of qisas applies to crimes under Islamic law.
2. In compounding of qisas, the offender can be forgiven, but in general offenses, the state may still take action.
Q8: Write a detailed note on Hudood Law?
Answer:
Hudood Laws are Islamic criminal laws enforced in Pakistan for specific offenses. These laws include:
1. The Offense of Zina (Adultery & Rape): Strict punishment for adultery and rape based on evidence or confession.
2. The Offense of Theft: Punishments such as amputation for serious theft cases.
3. The Offense of Drinking Alcohol: Strict prohibition of alcohol with punishments for consumption.
4. The Offense of Qazf (False Accusation of Zina): Punishment for falsely accusing someone of zina without proof.
These laws are based on Islamic principles and require strong evidence like eyewitness testimony or confession for implementation.
2020
Section A
Q1: What do you understand by Haq Bakhshish (marriage with the Holy Quran)? Whether the marriage of women with the Holy Quran is a violation of human rights prescribed by the Holy Quran and the Constitution of Pakistan? What are the causes behind it? Discuss and state its punishment in the light of section 498C of the Pakistan Penal Code?
Answer:
Haq Bakhshish is a cultural practice in some regions where a woman is forced to marry the Holy Quran, often to prevent her from claiming her inheritance. This practice is a clear violation of fundamental human rights, as Islam strictly prohibits forced marriages. Both the Holy Quran and the Constitution of Pakistan uphold a woman's right to marry with her free will and to own property.
The causes behind this practice include:
1. Greed for property – Families force women into such marriages to retain inheritance.
2. Cultural and feudal traditions – Some communities consider it a way to maintain family honor.
3. Lack of awareness and education – Many women are unaware of their rights under Islamic law and the Constitution.
4. Weak law enforcement – Authorities often fail to take strict action against those involved.
Under Section 498C of the Pakistan Penal Code, forcing a woman to marry the Holy Quran is a criminal offense. The law prescribes imprisonment and fines for those involved in such practices.
Q2: Write a brief note on the following:
a. Rioting and Affray
Rioting refers to a violent disturbance by a group of people in a public place, often leading to damage and injuries. It is a criminal offense punishable under Section 146 of the Pakistan Penal Code.
Affray is a fight between two or more people in a public place, causing fear among others. It is punishable under Section 159 of the PPC.
b. Electoral Right
Electoral rights include the right to vote, contest elections, and participate in democratic processes. These rights are protected under Article 17 of the Constitution of Pakistan and various election laws.
c. Bribery
Bribery is the act of giving, receiving, or offering something of value to influence the actions of an official. It is a punishable offense under Sections 161-165 of the Pakistan Penal Code.
d. Public Nuisance
Public nuisance refers to any act that affects the general public's safety, health, or comfort. It includes pollution, obstruction of roads, and excessive noise. Section 268 of the PPC defines and criminalizes public nuisance.
Q3: Write a comprehensive note on defamation and state its punishment?
Answer:
Defamation is the act of harming a person’s reputation by making false statements. It can be of two types:
1. Libel – Written or published false statements.
2. Slander – Spoken false statements.
Defamation is a civil and criminal offense in Pakistan. Under Section 499 of the Pakistan Penal Code, defamation includes:
False accusations or statements harming someone's reputation.
Punishment under Section 500 PPC includes imprisonment of up to two years, a fine, or both.
Section B
Q1: What is hurt? When is Section 337C made out? If poison is administered to somebody, what section of PPC will apply on this hurt?
Answer:
Hurt refers to any bodily injury that does not endanger life but causes pain or harm. It is defined under Section 319 of the Pakistan Penal Code.
Section 337C PPC applies when a person voluntarily causes serious harm, which is dangerous to life.
If poison is administered to someone, Section 328 of the PPC (causing hurt by means of poison) will be applicable, and the offender can face imprisonment and a fine.
Q2: Distinguish wrongful confinement and wrongful restraint and also define force & criminal force?
Answer:
Wrongful Restraint (Section 339 PPC) – Preventing a person from moving in a direction they have the right to move.
Wrongful Confinement (Section 340 PPC) – Restricting a person’s movement completely within a limited area.
Example:
If a person blocks someone’s way, it is wrongful restraint.
If a person locks someone in a room, it is wrongful confinement.
Force (Section 349 PPC):
Applying physical power to a person or object to create motion or change direction.
Criminal Force (Section 350 PPC):
Using force intentionally to commit an offense or harm someone.
Q3: Define kidnapping, its types, and distinguish it from abduction.
Answer:
Kidnapping (Section 359 PPC) is the unlawful taking or confinement of a person without their consent. There are two types:
1. Kidnapping from Pakistan (Section 360 PPC) – Taking a person out of Pakistan without consent.
2. Kidnapping from Lawful Guardianship (Section 361 PPC) – Taking a minor or a person of unsound mind away from their guardian without consent.
Difference between Kidnapping and Abduction:
Kidnapping is a defined offense with specific legal provisions.
Abduction (Section 362 PPC) is forcibly carrying a person from one place to another, often for an illegal purpose, such as ransom or trafficking.
Kidnapping is always illegal, while abduction may be legal in certain cases (e.g., a parent taking their child without legal custody issues).
2021
Here are the answers in simple English:
Q.1 Define and differentiate between abetment and criminal conspiracy?
Abetment means helping, encouraging, or supporting someone to commit a crime. This can be done by giving advice, providing resources, or directly assisting in the crime.
Criminal Conspiracy means when two or more people agree to commit a crime together. Even if they do not actually commit the crime, just making the plan is also an offense.
Difference:
In abetment, one person encourages another to commit a crime.
In conspiracy, two or more people make a plan to commit a crime together.
Q.2 In what cases of theft “Hadd” cannot be enforced?
In Islamic law, "Hadd" punishment for theft cannot be enforced in the following cases:
1. If the stolen item is of very low value.
2. If the theft happens due to extreme need, like hunger.
3. If the stolen item is not kept in a secure place.
4. If there is doubt about whether the person really committed the theft.
Q.3 Explain “defamation” and give illustration. Write any two exceptions?
Defamation means harming a person’s reputation by saying or writing false things about them. It can be in two forms:
Libel: Defamation in written form (newspapers, social media, etc.).
Slander: Defamation in spoken form (rumors, false accusations, etc.).
Example: If someone falsely accuses a businessman of fraud in a newspaper, it can damage his business and reputation.
Exceptions:
1. Truth: If the statement is true and for the public good, it is not defamation.
2. Fair Comment: If a journalist or critic gives an honest opinion based on facts, it is not defamation.
Q.4 Define criminal intimidation and write its punishment?
Criminal Intimidation means threatening someone to cause harm to their body, property, or loved ones. The aim is to create fear in the person’s mind.
Punishment: Under law, criminal intimidation can result in imprisonment of up to two years, a fine, or both. If the threat is to cause death or serious harm, the punishment can be up to seven years in prison.
Q.5 Distinguish between any two of the following?
(a) Compounding of offense and compounding of qisas:
Compounding of Offense: In some cases, the victim can forgive the accused, and the case is closed.
Compounding of Qisas: In Islamic law, the victim’s family can forgive the offender in serious crimes like murder.
(b) Qazaf and Lian:
Qazaf: Accusing someone of adultery without proof. It is a serious crime in Islamic law.
Lian: When a husband accuses his wife of adultery, but there is no proof, both take an oath, and the marriage is dissolved.
(c) Criminal breach of trust and dishonest misappropriation of property:
Criminal Breach of Trust: When someone misuses property that was given to them for safekeeping (e.g., an employee stealing company money).
Dishonest Misappropriation of Property: When someone takes or keeps lost or misplaced property dishonestly (e.g., finding a wallet and keeping the money).
(d) Robbery and dacoity:
Robbery: When a person takes something from another by using force or threat.
Dacoity: When five or more people commit robbery together.
Q.6 Write short notes on any two of the following?
(i) Public Nuisance:
Any act that harms the public or a large number of people, such as pollution, blocking roads, or loud noises in residential areas.
(ii) Trespass:
Entering someone’s property without permission. It can be a crime if done with bad intentions.
(iii) Mischief:
Damaging someone’s property or creating trouble intentionally, like breaking a neighbor’s window for fun.
(iv) Forgery:
Making a fake document, signature, or identity to deceive others. Example: Creating a false property paper to sell land illegally.
Q.7 Contempt of lawful authority of a Public Servant is an offense, explain?
If someone disrespects, disobeys, or stops a government official from doing their legal duty, it is called contempt of lawful authority.
Example: If a police officer asks for documents and a person refuses to show them or threatens the officer, it is contempt of authority.
Punishment: The law provides punishment for this offense, which may include a fine or imprisonment.
2022
Criminal Law – II (LAW 509) Answers
Q1: A causes Z to go within a walled space and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of the wall. The act of A is an offense under the Pakistan Penal Code. Answer in light of the relevant provisions?
Answer: A's act falls under wrongful confinement as per Section 340 of the Pakistan Penal Code (PPC). Wrongful confinement means restricting someone from moving beyond a certain boundary. Since A locked Z inside a walled space, Z was wrongfully confined. The punishment for this offense is given in Section 342 PPC, which states that whoever commits wrongful confinement shall be punished with imprisonment of up to one year, or a fine, or both.
Q2: Define the term “ghair jaifah” and state its kinds along with punishment?
Answer: "Ghair Jaifah" refers to injuries that cause hurt but do not amount to Jaifah (grievous injury on the head, face, or neck that endangers life) under Islamic law.
Kinds of Ghair Jaifah:
1. Damiyah: A wound that causes bleeding.
2. Badiyah: A wound that reaches the flesh but does not cut deeper.
3. Mutalahimah: A wound that reaches deep into the flesh.
4. Sihqah: A wound that crushes the bone but does not break it.
5. Muthaqqilah: A wound that fractures the bone but does not separate it.
Punishment: The punishment varies based on the type of injury and is decided according to Diyat (blood money), Qisas (retaliation), or Tazir (discretionary punishment) under Islamic law.
Q3: Define and distinguish criminal trespass, house trespass, and lurking house trespass along with their punishment?
Answer:
Criminal Trespass (Section 441 PPC): If someone enters another person's property unlawfully with the intent to commit an offense or cause harm, it is criminal trespass.
Punishment: Up to 3 months' imprisonment, a fine of Rs. 1500, or both (Section 447 PPC).
House Trespass (Section 442 PPC): If someone unlawfully enters a house or any building used as a human dwelling, it is house trespass.
Punishment: Up to 2 years' imprisonment, a fine, or both (Section 448 PPC).
Lurking House Trespass (Section 443 PPC): If someone enters a house secretly or remains hidden to commit a crime, it is lurking house trespass.
Punishment: More severe than house trespass, up to 3 years' imprisonment, a fine, or both (Section 453 PPC).
Q4: Distinguish between shajjah and jurh. Also, state the kinds of both?
Answer:
Shajjah: It refers to injuries on the head or face.
Types of Shajjah:
1. Shajjah Khafifah – Minor injury on the skin.
2. Shajjah Mudihah – Injury exposing the bone.
3. Shajjah Hashimah – Fracture in the skull.
4. Shajjah Munaqqilah – Skull bone displaced.
5. Shajjah Ammah – Deep wound in the head.
6. Shajjah Damighah – Injury reaching the brain.
Jurh: It refers to injuries on the body (excluding the head and face).
Types of Jurh:
1. Jaifah – Deep wound reaching the body cavity.
2. Ghair Jaifah – Wounds not reaching body cavities (e.g., cuts on arms, legs).
Punishment: According to Islamic law and PPC, the punishment depends on the severity of the injury and can include Diyat (compensation), Qisas (equal retaliation), or Tazir (court’s discretion).
Q5: State the arsh for the organs in pair and quadruplicate, under Section 337-R and 337-S of PPC?
Answer:
Arsh (Compensation) is the amount payable to the victim for causing injury.
Section 337-R PPC deals with arsh for organs in pairs (e.g., eyes, ears, hands, feet). If one organ is lost, t
he offender pays half of Diyat, and if both organs are lost, full Diyat is payable.
Section 337-S PPC deals with arsh for organs in quadruplicate (e.g., fingers, toes). The compensation is based on the number of organs lost, with each having a specific value as per Islamic law.
Example: If someone loses one hand, they get half of the full Diyat, but if they lose both hands, they get full Diyat as compensation.
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