Leading Case Laws on PPC (Pakistan Penal Code 1860)
The Pakistan Penal Code (PPC) of 1860 has been the cornerstone of the country's criminal justice system, shaping various aspects of criminal law. Over the years, several significant case laws have emerged, shedding light on the interpretation and application of different provisions of the PPC. In this article, we will explore some leading case laws from 1947 to 2016 that have had a notable impact on the legal landscape of Pakistan.
- Accident and Driving License (2000 P.Cr. L.J 230)
In this case, the court clarified that in accidents, only Section 320 of the PPC will be applicable, even if the accused does not possess a valid driving license. - Value of Confessional Statement (S. 302 PPC / PLJ 2000 Quetta 1357)
The court established that a confessional statement, unsupported by other independent evidence, holds no value in the eyes of the law. - Possession of Counterfeit Currency (S. 489 B PPC / 1996 P.Cr. L. J 815)
This case concluded that possession of counterfeit currency notes does not constitute an offense under Section 489 B of the PPC. - Qatal vs. Murder (PLJ 1996 Cr.c (Pesh) 733)
The court differentiated between "qatal" (killing) and "murder," emphasizing that qatal involving intention falls under Section 320 PPC and is not equivalent to "qatal amad" (intentional murder). - Bail in Civil Suits (2007 SCMR 1546, 2005 YLR 475, 2008 YLR 778, 2008 YLR 732, 2008 YLR 2953)
This case clarified that bail can be granted even if a civil suit is pending before a civil court in matters involving Sections 468, 471, and 420 of the PPC. - No Evidence of Crime (2007 P. Cr.L.J 98)
In instances where no evidence of crime was found, bail was allowed under Sections 324, 353, and 34 of the PPC. - Two Kinds of Abscondence (PLD 2007 (Kar)127, 2009 YLR 816)
The court categorized abscondence into two types: one intending to destroy prosecution evidence and another to avoid police harassment. Bail was allowed in such cases under Sections 324, 430, 425, and 34 of the PPC. - False Implication of Accused (2007 YLR 1192)
In situations where accused individuals were close relatives of the complainant, the court concluded that there were no reasons for their false implication under Sections 379, 354, 452, 148, and 149 of the PPC. - Inadequate Material for Conviction (2009 YLR 5 Islamabad)
The court allowed further inquiry in cases where material was not sent to an expert for opinion and was insufficient to prove the offense under Section 489-D/34 of the PPC. - Withdrawal of Complaint (2009 SCMR 448)
When a complainant withdrew the complaint and expressed satisfaction regarding the innocence of the accused, bail was allowed under Section 365/34 of the PPC. - Criminal vs. Civil Remedies (PSC (crl.) 1993 SC PK 676 (a))
In cases involving Sections 420, 468, 471, and other related offenses, both criminal and civil remedies were available, but preference was given to the civil court to decide the matter in accordance with the law. - Bail on Compromise (2009 SCMR 448)
Bail was granted on compromise in non-compoundable offenses under Section 365/34 of the PPC. - Indecent Exposure (2011 YLR 212)
The court clarified that Section 354-A of the PPC would apply in cases where the victim was stripped of clothes and exposed to public view. - Preparation of CD as Evidence (2011 YLR 353)
The court ruled that the preparation of a CD of the scene of occurrence does not automatically prove the commission of an offense under Sections 371-B and 294 of the PPC. - Grant of Bail (2011 YLR 1153, 2011 YLR 1236, 2011 YLR 1599)
Various cases where bail was granted under Sections 420, 468, 471, and 419 of the PPC were discussed. - Cancellation of Bail (2009 YLR 1270, 2009 P.Cr.L.J 1302)
The court discussed instances where bail could be canceled under Section 406 of the PPC. - Loss of Cheque Book (2009 YLR 28 Lah.)
Bail was confirmed when a cheque book was lost, and an application was moved to the bank manager for stoppage of payment. Additionally, a civil case related to the matter was pending before the civil court under Section 489-F of the PPC. - Exoneration of Accused (2007 P. Cr. L.J 1918)
The court allowed bail when a complainant's standard was recorded by the trial court, exonerating the accused in a case under Section 395 of the PPC. - Effect of Accused's Absconding (2009 YLR 925)
The court observed that the absconding of an accused, without evidence of recovery, could not be the sole reason to refuse bail under Sections 392, 397, 413, and 216-A of the PPC. - Grant of Bail (2010 YLR 2716, 2006 YLR 2987, 2002 MLD 1437, 2001 YLR 2309)
Various cases where bail was granted under Sections 382 and 411 of the PPC were discussed. - Non-Holding of Identification Test (1995 P. Cr. L.J 88, 1996 PSC (crl.) SC 328)
The court emphasized that the non-holding of an identification test, when the petitioner's name did not appear in the FIR, weighed in favor of granting bail under Section 411 of the PPC.