Civil & Criminal Law

Civil Law in Pakistan

Civil law in Pakistan deals with disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. Key areas of civil law include:

1. Contract Law:

   • Contracts Act, 1872: Governs the formation, performance, and enforcement of contracts. It outlines the requirements for a valid contract, such as offer, acceptance, consideration, and the capacity of parties.

2. Property Law:

   • Transfer of Property Act, 1882: Regulates the transfer of property between individuals. It covers various types of property transfers including sale, mortgage, lease, and gifts.
   • Land Revenue Act, 1967: Governs the management and administration of land revenue.

3. Family Law:

   • Muslim Family Laws Ordinance, 1961: Governs marriage, divorce, maintenance, and inheritance for Muslims.
   • Christian Marriage Act, 1872 and Hindu Marriage Act, 2017: Govern marriage and divorce for Christians and Hindus, respectively.

4. Tort Law:

   • Covers civil wrongs such as negligence, defamation, and trespass, providing remedies through compensation to the injured party.

5. Labour Law:

   • Industrial Relations Act, 2012: Governs the relationship between employers and employees, addressing issues like trade unions, industrial disputes, and workers’ rights.

6. Consumer Protection Law:

   • Consumer Protection Act, 2005: Protects consumer rights, ensures the quality of goods and services, and provides mechanisms for redressal of grievances.

Criminal Law in Pakistan

Criminal law in Pakistan deals with offenses against the state, public, or individuals, and prescribes punishment for those offenses. Key components include:

1. Pakistan Penal Code (PPC), 1860:

   • The principal criminal code outlining offenses and their respective punishments. It includes offenses such as theft, assault, murder, and fraud.

2. Code of Criminal Procedure (CrPC), 1898:

   • Governs the procedure for the investigation, trial, and punishment of offenses. It details the processes for arrest, bail, trial, and appeals.

3. Anti-Terrorism Act, 1997:

   • Addresses terrorism-related offenses, setting up special Anti-Terrorism Courts (ATCs) for speedy trial and enhanced punishments.

4. Narcotics Control Act, 1997:

   • Governs the control and regulation of narcotic drugs and psychotropic substances, establishing Anti-Narcotics Courts for enforcement.

5. Hudood Ordinances, 1979:

   • Enforce Islamic punishments for offenses like theft, adultery, and false accusation. These laws are implemented through the Federal Shariat Court.

6. Juvenile Justice System Act, 2018:

   • Provides a separate legal framework for the trial and rehabilitation of juvenile offenders, ensuring their protection and rights.

Key Concepts in Criminal Law

1. Offenses:

   • Bailable and Non-Bailable Offenses: Bailable offenses allow the accused to secure bail as a right, while non-bailable offenses require judicial discretion for granting bail.
   • Cognizable and Non-Cognizable Offenses: Cognizable offenses allow police to arrest without a warrant and start an investigation, while non-cognizable offenses require a warrant.

2. Punishments:

   • Include imprisonment, fines, and corporal punishment. The severity of punishment depends on the nature of the offense.

3. Rights of the Accused:

   • Right to a fair trial, right to legal representation, and protection from self-incrimination.

4. Role of Police:

   • Investigation of crimes, collection of evidence, and arrest of suspects. The police are required to follow due process and respect the rights of individuals.

5. Role of Courts:

   • Magistrate Courts and Sessions Courts handle criminal trials. Special courts, like Anti-Terrorism Courts and Anti-Narcotics Courts, deal with specific types of offenses.

Understanding the framework and functioning of civil and criminal law in Pakistan is crucial for navigating the legal system, whether one is seeking to resolve a private dispute or involved in a criminal matter. 

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