Punishment under Pakistan Penal Code and Punishment in Islam

PUNISHMENT UNDER PAKISTAN PENAL CODE

The scheme of the punishment is laid down from sections 53 to 75 of the pakistan penal code out of which five sections namely sections 56, 58, 59, 61, and 62 have already been repealed. Different types of punishments rules for their assessment and enhancement in subsequent offence, from the subject matter of this topic.

PUNISHMENT IN ISLAM

The punishment in islam in its nature, is deterrent as well as reformative. Recent researches reveal that imprisonment is and has, infact proved itself to be a source of producing criminals, besides bringing a burden on public ex-chequer.

 Fine, as prescribed in various modern legislative enactments, has miserably failed to achieve the desired results . It neither bring any reformatory to the criminalnor put any deterrent effecton him. Specially in these days when the money value has gone down tremendously, the country's old scales of fines failed to produce any effects on the minds of the criminal. It is suggested that provisions relating to imposition of fine and prescribing imprisonment in various enactments may be reconsideredin the light of their effects on reforming the criminal vis-a-vis the islamic principles of punishment.

Islamic law has also additional forms of punishments. A person who is convicted of false accusation of fornication for example, is deprived of the right of testimony, a pnalty which corresponds to some extent to the loss of civil status which accompanies some convictions, today.

Punishments in islam are of three kinds

01. HADD

02. QISAS

03. TAAZIR

According to section 53 as amended by the criminal laws amendment act II of 1997, the offenders areliable to the following punishments:

 1. Qisas

 2. Diyat

 3. Arsh

 4. Daman

 5. Taazir

 6. Death

 7. Imprisonment for life

 8. imprisonment of two description (1) rigorous (2) simple

 9. Forfeiture of property

 10. Fine

CRIMINAL CONSPIRACY

 Conspiracy differs from oter offences in this respect that in other offences the intention to do a criminal act is not a crime of itself untill something is done amounting to the doing or attempting to do some act to carry out the intention, conspiracy on the other hand consisit simply in the agreement or confederacy to some act, no matter whether it is done or not.

 When two or more persons agree to do, or cause to be done:

 (i) an illegal act

 (ii) or a legal act by illegal means

such an agreement is designated a criminal conspiracy, provided that no agreement except an agreement to commit shall amount to criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof...... section 120-A PPC.

 PUNISHMENT OR CRIMINAL CONSPIRACY

As regards punishment section 120-B P.P.C provides that one who is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or upwards, shal, where there is no provision for the punishment of such a conspiracy, be punished as an abettor of such offence, in other cases he shall be liable to a punishment that may extend to six months , or with fine or with both.

ABETMENT AND CONSPIRACY

As regards the difference between abetment and conspiracy the former is the wider of the two, it is a genus of which the offence of conspiracy is a species. Abetment may be committed in various ways enumerated in section 107 and 108 and conspiracy is one of them. Abetement per se is not a substantive offence, while criminal conspiracy is a substantive offenceby itself and is punishable as such.

ATTEMPT TO ESCAPE FROM CUSTODY

The provisions relating to an attempt to escape from custody are contained in sections 224,225, and 225-B of the pakistan penal code.

They provide punishment:

 (a). for a person resisting or obstructing the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, orescaping or attempting to escape from legal custody. ............... 
imprisonment upto two years with fin or with both.

 (b). resisting or obstructing lawful apprehension of another person for an offence or rescuing or attempting to rescue him from legal custody......... punishment up to two years or with fine, but if the person to be apprehended is charged for an offence punishable :

 (1). with imprisonment for life or imprisonment for ten years.

 (2). or with death

 the sentence provided is up to three years and seven years respectively and

(c). resistance or obstruction to lawful apprehension or escape or rescue in cases not covered by the above two provisions........ Imprisonment up to six months or with fine.

HARBOURING AN OFFENDER

 The word "harbour" according to section 52-A, includes the supplying a person with shelter, food, drink , money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means to evade apprehention.

The various provisions in the penal code relate to harbouring or concealing a person knowing him to be an offender with the intention of screening him from legal punishment, harbouring or concealing an ofender having escaped from custody, or whose apprehension has been ordered, and knowingly harbouring any persons who are about to commit or have committed Robbey or Dacoity.

 The above provisions however, do not extend to the case in which the harbour is given by the wife or husband of the person harboured, (sections212, 216, 216-A)

 The above However, presupposes that some offence has been actually committed and that the harbourer gives refuge to a person knowingly that thereby he helps to evade his apprehention or screens him from legal punishment . It does not apply to the harbouring of persons, not being criminals, who abscond to avoid or delay a judicial investigation

Solitary confinement

Solitary confinement is a punishment or special form of imprisonment in which a prisoner is denied contact with any other persons, excluding members of prison staff. It is considered by some as a form of psychological torture. It is usually cited as an additional measure of protection (of society) from the criminal. It is also used as a form of protective custody.

Solitary confinement is colloquially referred to in American English as the 'hole', 'lockdown', the 'SHU' (pronounced 'shoe') or the 'pound', and in British English as the 'block' or the 'cooler'

 This is a kind of imprisonment which secludes the prisoner from any intercourse or sight of, and communication with other prisoners. it may be accompanied with or without labour.

 Section 73 of pakistan penal code provides that whenever any person is convicted of an offence for which under the code the court has power to sentence him to rigorous imprisonment , the court may by its sentence , order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sntenced, not exceeding three months in the whole.

TERM OF IMPRISONMENT SOLITARY CONFINEMENT

 ** Not exceeding six months ** a time not exceeding one month

 **exceeding 6 months but not exceeding one month ** time not exceeding two months

 ** Exceeding one year ** time not exceeding three months

 It is clear from the above that a sentence inflicting solitary confinement for the whole term of imprisonment is illegal. It must bear only a portion of the term of imprisonment.

 Section 74 of the code further limits the solitary confinement by providing that in executing a sentence of solitary confinement , such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

Solitary confinement as a ruleis not ordered unless there are special features appearing in the commission of the offence.

Use and criticism

Those who accept the practice consider it necessary for prisoners who are considered dangerous to other people ("the most predatory" prisoners), those who might be capable of leading crime groups even from within, or those who are kept 'incommunicado' for purported reasons of national security. Finally, it may be used for prisoners who are at high risk of being attacked by other inmates, such as pedophiles, celebrities, or witnesses who are in prison themselves. This latter form of solitary confinement is sometimes referred to as protective custody.

Counterfeiting:

 A person is said to counterfeit who:

 (i) Causes one thing to resemble another thing.

 (ii) Intending by means of that resemblance to practice deception, or

 (iii) Knowing it to be likely that deception will thereby be practiced

Explanation:

(1) It is not essential to counterfeiting that the imitation should be exact.

 (2) When a person cause one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practiced.

 (S. 28)