Write a note on criminal justice system of Pakistan.

(1) Introduction

Criminal justice system of a country consists of legislature, law enforcement agencies, courts and correctional services, and its three main components are police, prosecution and courts. Protection to life and property of citizens and maintenance of order in society are its main objectives.

(2) Definition

Criminal justice is the system of practices and institutions of government, which is to uphold social control, to deter and mitigate crime, to punish violators of laws, and to make rehabilitation efforts.

(3) Explanation

Criminal justice system of Pakistan can be explained:

  • (i) Three phases
  • (ii) Three pillars
  • (iii) Three components
  • (iv) Legal basis

(i) Three Phases

Investigation by police, trial by criminal courts and execution by jail authorities are three phases of this system.

(ii) Three Pillars

Investigation, prosecution and trial are three pillars of this system.

(iii) Three Components

There are three main components of criminal justice system of Pakistan:

  • (a) Investigation
  • (b) Prosecution
  • (c) Criminal court

(a) Investigation

Police is to do investigation. Police does following things during investigation:

  • (a-i) Spot inspection
  • (a-ii) Facts & circumstance
  • (a-iii) Evidence

(a-i) Spot Inspection

Police is to inspect the place where alleged crime has been committed.

(a-ii) Facts & Circumstance

Police is to ascertain facts and circumstances about the offence under investigation.

(a-iii) Evidence

Police is to collect evidence regarding the alleged commission of crime.

(b) Prosecution

Prosecution is the agency that is to evaluate the evidence, which police has collected, and that is to filter the quality and quantity of cases, which have been sent for trial:

  • (b-i) Scrutiny of challan
  • (b-ii) Presentation of case
  • (b-iii) Claims of defence
  • (b-iv) Provisions of law
  • (b-v) Removal of lacuna

(b-i) Scrutiny Of Challan

Prosecution is to scrutinize challan in connection with arrest of offender..

(b-ii) Presentation Of Case

Prosecution is to present the prosecution case in the court.

(b-iii) Claims Of Defence

Prosecution is to contest the claims of defence.

(b-iv) Provisions Of Law

Prosecution is to ensure observance of provisions of law.

(b-v) Removal Of Lacuna

Prosecution is to guide the investigation officer to remove any lacuna in investigation.

(c) Criminal Court

Criminal court is the essential part of criminal justice system of Pakistan:

  • (c-i) Criminal judicial proceedings
  • (c-ii) Information to accused
  • (c-iii) Conviction or acquittal

(c-i) Criminal Judicial Proceedings

Criminal court is to initiate proceedings after a charge have been drawn up.

(c-ii) Information To Accused

Criminal court is to give full information to the accused about the offence with which he is charged.

(c-iii) Conviction Or Acquittal

Criminal court is to convict the accused if his guilt is proved. And it is to acquit him if any reasonable doubt is created or accusation is not proved against him.

(iv) Legal Basis

Criminal Procedure Code and Pakistan Penal Code are legal basis of criminal justice of Pakistan:

  • (a) Legislation & amendments
  • (b) Criminal Procedure Code
  • (c) Pakistan Penal Code

(a) Legislation & Amendments

Pakistan has inherited Criminal Procedure Code and Penal Code from British India. However, both have been, later on, further legislated and amended by the Parliament of Pakistan.

(b) Criminal Procedure Code

Criminal Procedure Code is the procedural law that provides the mechanism, which is to be followed in every investigation, inquiry and trial for every offence under the Pakistan Penal Code or other substantive criminal law.

(c) Pakistan Penal Code

Pakistan Penal Code is the basic criminal law that defines offences and prescribes punishments for the offences.

(4) Conclusion

It can be finally stated that criminal justice system works to ensure that innocent are acquitted and the guilty are punished. It aims to reduce crime, bring more offenders to justice and raise public confidence that the system is fair and will deliver justice for law-abiding citizens.

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