You are on page 1of 4

Criminal Law is an extreme field of practice coverning all those aspects that entail crime as its

factor. Every act or omission that violates a command, derives its force from legislature or
from authority - either political or religious - that has absolute sway over the matters of state is
considered to be a crime. This is the reason that state stands as a prosecutor against the
alleged culprit. The main intention of criminal law is to maintain the sway of state in all matters
involving acts or omissions: no act or omission that challenges the sway of the state can be
allowed by the criminal law of the state.
a!istan has a very detailed criminal law that is though outdated to some extent but it tends to
cover all aspects that do constitute a crime. To understand the criminal law in a!istan one
needs to understand the socio cultural phenomena of this country also. "ost of the criminal
law that has been prevailing in a!istan was introduced by the #ritish Empire when $ndia was
a colony and a!istan was part of it. Even then a care was ta!en to understand the social
conditions and criminal law was tried to be conditioned according to the cultural circumstances
of the colony. This is the reason that it was willfully accepted by $ndia and a!istan both after
their freedom from #ritish Empire. Code of Criminal rocedure %& of '()(* that was
implemented in colony is still largely the prescribed criminal procedure followed by the courts
in a!istan. +imilarly the enal Code %,L& of '(-.* that was introduced in colony is still
largely followed in shape of a!istan enal Code.
Territorial /urisdiction
Criminal courts acts within their prescribed jurisdiction under the law. The territorial jurisdiction
of an ordinary criminal court can be tabulated as follows:
+upreme Court being the most apex court of a!istan has the supreme administrative
authority over functionality of all the criminal courts of a!istan.
0hen any person is apprehended for committing any crime, after investigation 1 that is to be
completed within '2 days u3+ec. '45 of Criminal rocedure Code %Cr C* 1 he 3 she is
sub6ected to rigorous trial in the prescribed criminal court that has 6urisdiction in the said
matter. Court before commencement of trial is duty bound to allow an alleged offender to
appoint defence counsel of his 3 her choice under 7rticle '. of Constitution of a!istan. Then
Court pronounces a Charge against an alleged offender that describes the nature of offence
and the nature of act or omission that constitutes a specific crime. Thereafter, prosecution is
given an opportunity to present evidence that it has against the alleged offender. The defence
counsel of alleged offender is given full opportunity to cross examine and ob6ect to the
prosecution evidence, within the prescribed limits of law. Though prosecution being the duty of
the state is to be conducted by the state appointed counsels but any person who being
aggrieved by the offence can appoint his 3 her own prosecution counsel, in addition to the
state counsels already duty bound to prosecute. 7fter the prosecution concludes its evidence
the presiding /udge put certain 8uestions u3+ec. 529 Cr C to the alleged offender. These
8uestions are very crucial as presiding /udge gives an opportunity to alleged offender to
explain incriminating evidence against him 3 her. 7lleged offender is also given an opportunity
to appear as his own witness. "oreover he 3 she is also given an opportunity to present
documentary evidence and witnesses in his 3 her defence. 7fter the conclusion of defence
evidence the trial is concluded and the residing /udge pronounces 6udgment. /udgment
could be of ac8uittal or punishment. $n both cases prosecution and alleged offender has right
to appeal against the 6udgment of the trial court. The appeal is made to the immediate
superior court of the trial court.
unishment is universally accepted mode of retribution and deterrence. unishment varies
with the nature of crime. :ifferent punishment can be given for the same crime. #ut
retrospective punishment and double punishment in any case is specifically prohibited by the
Constitution of a!istan. 7rticle '9 states: ;<o law shall authorise the punishment of a person
for an act or omission that was not punishable at the time of the act or omission=, similarly
7rticle '5 states: ;<o person shall be punished for the same offence more than once=. 7rticle
'5%b* also states: ;<o person shall, when accused of an offence, be compelled to be witness
against himself=.
Constitution of a!istan specifically demarcates the contours of Criminal Law of a!istan by
stating une8uivocally in 7rticle ): ;<o person shall be deprived of life or liberty save in
accordance with law=. 7nd the Law shall never be against the universally accepted
>undamental ?ights, this is specifically and explicitly enshrined in 7rticle ( of the Constitution
of a!istan.
The fundamentals of criminal law are based on the principle of 6ustice, e8uity and good
conscience. They provide ade8uate guidelines for the formulation a rational penal policy. $n
order to be influential the criminal law must have four important elements, that is, politicality,
specificity, uniformity and penal sanction. The functioning of the criminal 6ustice system is wide
enough to achieve its goals and ob6ectives. $ts ultimate goal is undoubtedly to ma!e the
society safer for its citi@ens. "ost widely accepted aims of the criminal law include:
The enforcement of criminal law should reflect the societyAs disapprobation for
criminal activity through apprehending, convicting and punishing the offenders.
:eterring criminals from indulging in criminal activities and at the same advising the
other people as to how to avoid falling a victim to a crime.
Criminal law should be beneficially used to rehabilitate the offenders and
incapacitating those who might otherwise prove to be a potential danger to the society.
Ensuring safety and security of people through maintenance of law and order.
Belping the victims to get ade8uate compensation from the offender wherever
possible.
Efficient and fair application of law ensuring proper treatment of suspects,
defendants, those who are held in custody and witnesses. 7lso ensuring that the
innocents are ac8uitted without harassment and guilty is duly punished.
Ensuring that criminal 6ustice system is accountable to the society.
$n a!istan the ma6or statutes relating to criminal law are the a!istan enal Code '(-. and
the Criminal rocedure Code, '()(. Cut of these two the former deals in defining all the
offences and mentioning their punishments along, the former is specifically a code of
procedure. The criminal procedure code is essentially a procedural law, which provides
machinery for the punishment of offenders against the substantive criminal law example the
a!istan enal Code. $n fact the two codes are to be read together. 7part from these two
statutes, which specifically deal in the criminal branch of law, there are certain other general
laws which attract criminal liability li!e, <egotiable $nstruments 7ct which attracts criminal
liability in case of dishonoring che8ue, although new provision of section 2()-> has also been
added in a!istan enal Code, regarding dishonestly issuing a che8ue. $nformation
Technology Law is also going to be drafted very soon which will deal with the wrongs relating
to the Computer and $nformation Technology etc. The firm possessing an expertise in this
branch has, through its most experienced and efficient attorneyAs has successfully handled a
pile of such cases involving penal prosecution. The experience of the lawyers at wor! in this
arena has provided us a distinct position from the rest.
"ost widely accepted aims of the criminal law in a!istan include:
The enforcement of criminal law in a!istan should reflect the societyAs
disapprobation for criminal activity through apprehending, convicting and punishing the
offenders.
:eterring criminals from indulging in criminal activities and at the same advising the
other people as to how to avoid falling a victim to a crime.
Criminal law in a!istan should be beneficially used to rehabilitate the offenders and
incapacitating those who might otherwise prove to be a potential danger to the society.
Ensuring safety and security of people through maintenance of law and order.
Belping the victims to get ade8uate compensation from the offender wherever
possible.
Efficient and fair application of law ensuring proper treatment of suspects,
defendants, those who are held in custody and witnesses. 7lso ensuring that the
innocents are ac8uitted without harassment and guilty is duly punished.
Ensuring that criminal 6ustice system is accountable to the society.
The Criminal rocedure Code prescribes the Constitution of the Criminal Courts and offices
and spea!s of the powers of the courts. $t contains various general provisions pertaining to the
information to the "agistrates and olice and gives the procedure of arrest, escape and
relating to the process to compel appearance through summons, warrant of arrest,
proclamation and attachment and other rules regarding processes. $t also prescribed the
processes to compel the production of documents and other movable property and for the
discovery of persons wrongfully confined through summons to produce and search warrants.
The Criminal rocedure also helps for prevention of offences through security for !eeping the
peace and good behavior and to prevent the unlawful assemblies, public nuisances or
apprehended danger, disputes as to immoveable property, preventive action of the police and
their powers to investigate. The Cr..C also deals with the proceedings in prosecution and
gives the 6urisdiction to Criminal Courts according to place of in8uiry or trial, complaints to the
"agistrates, commencements of proceedings before "agistrates and in8uiry into cases triable
by the Courts of +essions or Bigh Courts. $t also prescribes nature and form of charges and
6oinders of charges and gives the procedure of trial by "agistrates including summary trial and
trial before Bigh Court and Court of +essions and gives the mode of ta!ing recording evidence
in in8uiries and trial and finally 6udgment.
The Criminal rocedure Code further defines the steps of submission of sentences for
confirmation, execution, suspensions, remissions and computations of sentences, previous
ac8uittals and convictions. This also dictates the steps of 7ppeals, ?eferences and ?evisions.
$t further has special provisions relating to cases in which European and a!istan #ritish
sub6ects are concerned and lunatics. $t also defines the strategy of proceedings in case of
certain offences affecting the administration of 6ustice, of the maintenance of wives and
children. $t also ordains the actions regarding directions of the nature of a Babeas Corpus and
have the supplementary provisions regarding public prosecutor, bail, commissions for the
examination of witness, special rules or evidence. rovisions as to bonds, of the disposal of
property, transfer of criminal cases and supplementary provisions relating to European and
a!istan #ritish sub6ects and others. $t also specifies the conduct of irregular proceedings and
miscellaneous matters.
a!istan enal Code, '(-. specifies the extent of punishments against different crimes and
offences committed within a!istan and beyond a!istan but which by law may be tried within
a!istan and extra territorial offences. The C further assigns the policy of general
exceptions, right of private defense, abetment, and criminal conspiracy. $t further re8uires the
actions against offences against the state, relating to the 7rmy, <avy and 7ir >orce and
against public tran8uility.
$t also dictates the policy against offences by or relating to public servant, offences relating to
offences and contempt of the lawful authority of public servants. $t further stipulates the
system against the false evidence and offences against public 6ustice and relating to coins and
Dovernment +tamps and pertaining to weights and measures. The C also assigns the
policy relating to offences affecting the public health, safety, convenience, decency and
morals. $t also assigns a scheme regarding offences relating to religion, affecting the human
body, wrongful restraint and wrongful confinement, of rape and of unnatural offences. This
also ordains the steps against offences against property through theft, extortion, robbery and
dacoity, hi6ac!ing, criminal misappropriation of property, criminal breach of trust, receiving of
stolen property, of cheating, fraudulent deeds and disposition of property, mischief and
criminal trespass.
The C also defines the punishment against offences relating to documents and to Trade or
roperty mar!s through forgery or false documents, counterfeiting currency and ban! notes
and criminal breach of contracts of service. $t also dictates the punishment against offences
relating to marriage, defamation, criminal intimidation, insult and annoyance and the attempts
to commit offences.