Pakistan Penal Code In Urdu Pdf Free
Barb Magario
The Pakistan Penal Code (Urdu: مجموعہ تعزیرات پاکستان; Majmū'ah-yi ta'zīrāt-i Pākistān), abbreviated as PPC, is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on behalf of the Government of British India as the Indian Penal Code. After the creation of Pakistan in 1947, Pakistan inherited the same code and subsequently after several amendments by different governments, in Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Parliament of Pakistan.[1]
The draft of the Indian Penal Code was prepared by the First Law Commission and it was chaired by Lord Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Suggestions were also derived from the French Penal Code and from Livingstone's Code of Louisiana. The draft underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and puisne Judges of the Calcutta Supreme Court who were members of the Legislative Council, and it was passed into law in 1860. Macaulay did not survive to see the Penal Code's enactment.[2]
Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example, even cyber crimes can be punished under the code.
Explanation: In this section the word "offence" includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code. Extension of Code to extraterritorial offences.
First five punishments are added by amendments and are considered Islamic Punishments, and very few have been sentenced to these punishments so far. Anyone who is sentenced to the first five punishments can appeal to the Federal Shariat court.
On February 6, 2024, the Supreme Court of Pakistan issued a two-judge decision (which included the chief justice), releasing on bail an applicant who was arrested and charged with \u201cdistributing/disseminating a proscribed book\u201d \u2014 the Tafseer-e-Sagheer, an Urdu commentary on the Holy Quran attributed to the Ahmadi Muslim minority community. The community is considered heretical by the majority of the Sunni population and has been declared constitutionally non-Muslim in Pakistan. The applicant was charged under section 7 read with section 9 (which specifies the penalty for the crime) of the Punjab Holy Quran (Printing and Recording) Act, 2011:
Section 9 provides that anyone who violates section 7 is punishable with imprisonment \u201cwhich may extend to seven years but which shall not be less than three years or with fine which shall not be less than one hundred thousand rupees [about US$357], or with both.\u201d
The court also removed the sections of the penal code from the charges against the applicant, as \u201cneither the FIR [first information report] nor the police report (challan), submitted after investigation by the police, allege that the petitioner had done any of the acts mentioned therein to constitute these offences.\u201d (\u00b6 4.)
The court went on the declare that \u201c[c]ourts must exercise extreme caution when dealing with matters of faith.\u201d The court cited several verses of the Holy Quran concerning \u201cthe principle of there being no compulsion in religion\u201d and held that \u201c[f]reedom of faith is one of the fundamental tenets of Islam. But sadly, in matters of religion tempers flare up and the Qur\u2019anic mandate is forsaken.\u201d The court also observed that the Quranic principle of no compulsion in religion is \u201censhrined in the Constitution as a Fundamental Right,\u201d including under Article 20, which protects \u201cthe right [of every citizen] to profess, practice and propagate his religion.\u201d (\u00b6\u00b6 6\u20139.)
The court also found that if the charge were to be altered to charge the applicant under section 5 of the Criminal Law Amendment Act, 1932, which punishes dissemination of prescribed documents, because the applicant \u201chas already served out the maximum imprisonment of six months prescribed for the offence if he is found to be guilty of having committed it, keeping him incarcerated would violate\u201d his fundamental rights to liberty, a fair trial and due process, and treatment in accordance with the law. (\u00b6\u00b6 11\u201315.)
At the end of the judgment, the court concludes that \u201c[w]e regretfully note that in dealing with cases pertaining to offences against religion facts give way to emotions, as seems to have happened in this case too, and individual complainants supplant the State, even though the very nature of these offences is not against an individual or with regard to personal property.\u201d (\u00b6 16.)
According to AFP the ruling went unnoticed for two weeks \u201cbefore it was highlighted by social media accounts linked to the Tehreek-e-Labbaik Pakistan party.\u201d An online campaign and protests led by religious organizations and political parties were conducted targeting Supreme Court Chief Justice Qazi Faez Isa. On February 22, 2024, the Supreme Court issued a press release stating that to \u201crun a campaign against judges or the judiciary on the pretext of criticism is regrettable and violates the principle of free speech enshrined under Article 19 of the Constitution.\u201d On February 23, it was reported that the Punjab government has challenged the Supreme Court decision in a review petition\u00a0that, among other things, \u201ccontended that Para nine of the judgment regarding Article 20 of the Constitution needs to be modified to the extent that the rights of the citizen as \u2018envisaged under the said article were not absolute and subject to the law, morality and public order.\u2019\u201d On February 26, 2024, a three-member bench of the court that is reviewing the original decision issued an order, in which it noted that \u201cparties to the case may take any objection to the order dated 6 February 2024 which is under review.\u201d (Order \u00b6 3.) In addition, other applicants who want to join the case to review the decision, including the religious political party Jamaat-e-Islami, \u201cmay file their written opinions with regard to the said order to the extent only of the interpretation of Constitution of the Islamic Republic of Pakistan and/or the Injunctions of Islam.\u201d (Order \u00b6 3.) \u00a0The order also includes notices to a number of Islamic institutions in the country, including the Council of Islamic Ideology Pakistan, to provide an opinion on the judgment regarding the \u201cinjunctions of Islam.\u201d (Order \u00b6 4.) Lastly, the order also apparently allows amicus briefs to be submitted, as it states that \u201canyone else [who] wants to submit a written opinion for the guidance of this Court \u2026 may also do so.\u201d (Order \u00b6 4.)
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