The point of discussion of this paper is to have a detailed overview of the criminal justice system of Pakistan. It begins with the understanding of the criminal justice system as a general. I would briefly dilate upon several components that constitute and become part and parcel of the criminal justice system of Pakistan; and of course, the objectives of the criminal justice system. Also, this paper penned down the stages of crime.
Principles arising out of various case laws related to the administration of justice have been provided. Also, the legal basis of the criminal justice system of Pakistan will be laid down. This paper will explain the landmark criminal case: Mst. Sughran Bibi v The State. I would not have done justice to the subject-matter of the case in hand had if I not touch the topic of F.I.R as this case has direct relevance to the concept of F.I.R. I would throw light upon the judgment with regard to the rule of law and its impact on the judicial system of Pakistan. Furthermore, it will be discussed how the current system is flawed. In addition to that this paper will do a comparison between criminal justice of Pakistan with developed states. In the end, it’ll give a hand full of recommendations to reform the criminal justice system of Pakistan. Relevant case laws have been cited.
At a glance
- Examines Mst. Sughran Bibi v The State and first information reports
- 15 sources in the bibliography
Contents
Part I: INTRODUCTION
1.1 CRIMINAL JUSTICE SYSTEM
1.2 OBJECTIVES
Part II: CRIMINAL JUSTICE SYSTEM OF PAKISTAN
2.1 PILLARS
2.2 ADVERSARIAL SYSTEM
i. Police
ii. Prosecution
iii. Court
2.3 LEGAL FRAMEWORK
2.4 STAGES OF A CRIMINAL CASE
2.5 ADMINISTRATION OF CRIMINAL JUSTICE
Part III: CASE STUDY
3.1 Mst. Sughran Bibi versus The State
3.1.1 Principle of this case:
3.1.2 WHAT IS F.I.R?
3.1.3 RECORDING OF SECOND F.I.R
3.1.4 BRIEF FACTS OF THE CASE
3.1.5 POINTS OF LAW DECLARED BY THE JUDGEMENT
PART IV: CASE ANALYSIS & PRINCIPLES OF RULE OF LAW
4.1 THE SUGHRAN BIBI CASE AND ITS IMPACT ON THE CRIMINAL JUSTICE SYSTEM OF PAKISTAN
PART V: COMPARATIVE STUDY OF CRIMINAL JUSTICE SYSTEMS WORKING IN LEADING COUNTRIES OF THE WORLD
1. United States of America
2. United Kingdom
3. Canada & Sweden
4. France and Germany
5. Australia
PART VI: REFORMING CRIMINAL JUSTICE SYSTEM
7. CONCLUDING REMARKS
Objectives and Themes
This paper critically examines whether Pakistan’s criminal justice system advances the rule of law, using Mst. Sughran Bibi v The State as its central case study. It considers the institutions and laws governing criminal proceedings, the treatment of first information reports, international comparisons and proposals for reform.
- Police investigation, prosecution and trial
- The legal framework and stages of a criminal case
- First information reports and the Sughran Bibi case
- Constitutional rights and the rule of law
- Comparative criminal justice systems
- Proposals for institutional and procedural reform
Excerpt from the Book
RECORDING OF SECOND F.I.R
There is no embargo against registration of second F.I.R. in respect of different versions given by the aggrieved party of the same occurrence. Only impediment is that second F.I.R. should not contain the facts for the mere amplification of the first version.
Under S.154, Cr.P.C, S.H.O is under obligation to record the statement of the informant, when information regarding commission of a cognizable offence is furnished, but once F.I.R. has been recorded on the statement of the informant, he cannot claim that his second statement be recorded under S.154, Cr.PC and fresh F.I.R. be registered. If a person other than the complainant/first informant furnishes new facts and fresh information, the recording of the second F.I.R. is not barred but the first informant cannot insist on registration of the second F.I.R. However there is a word of caution by higher Courts. There could be some cases of exceptional nature in which it would be necessary to record second F.I.R., but in all and in every case that course could not be adopted and no hard and fast rule could be laid down for that. In all occurrences, version of party could be countered by other party with new counter or cross-version as regard to commission of offence, so in the same way, in all cases, registration of second F.I.R. is not a requirement of law. Some strong and sound reasons behind the order to direct police to record a second F.I.R. is a must. Every fact of difference, would not entail registration of second F.I.R.
No hard and fast rule exists that a second F.I.R must be recorded. Recording of second F.I.R depends upon the circumstances of each case. Matter has to be seen in the context of the totality of the circumstances and the allegations. Prohibition applies only to filing of second F.I.R by the same complainant against same accused against whom investigation has already started. Again, where a report about the commission of an offence is given to the police at two different places by two different persons and one is earlier in point of time than the other, the latter report is not a statement made to a police officer in the course of investigation but is an independent F.I.R. and, therefore, can be used in evidence by the prosecution.
Chapter Summaries
Part I: INTRODUCTION: The opening part defines the criminal justice system and outlines its institutions, phases and objectives.
Part II: CRIMINAL JUSTICE SYSTEM OF PAKISTAN: This part describes investigation, prosecution and trial, the adversarial system, the legal framework and the stages and principles of criminal proceedings.
Part III: CASE STUDY: The case study explains first information reports and the background to Mst. Sughran Bibi versus The State, then discusses the points of law addressed in the judgment.
PART IV: CASE ANALYSIS & PRINCIPLES OF RULE OF LAW: This part considers constitutional protections, access to justice and the relationship between the case and the rule of law.
PART V: COMPARATIVE STUDY OF CRIMINAL JUSTICE SYSTEMS WORKING IN LEADING COUNTRIES OF THE WORLD: The comparative section surveys criminal justice systems in the United States, the United Kingdom, Canada, Sweden, France, Germany and Australia.
PART VI: REFORMING CRIMINAL JUSTICE SYSTEM: The author presents proposals addressing policing, courts, legal assistance, witness protection and prisons.
7. CONCLUDING REMARKS: The closing discussion returns to the rule of law and the importance the author assigns to judicial independence.
Keywords
Pakistan, criminal justice, rule of law, Sughran Bibi, first information report, police investigation, prosecution, criminal procedure, constitutional rights, judicial independence, comparative criminal justice, legal reform
Frequently Asked Questions
What is this work about?
It examines Pakistan’s criminal justice system and its relationship with the rule of law through a discussion of the Sughran Bibi case.
What are its central themes?
The paper addresses criminal justice institutions, criminal procedure, first information reports, constitutional rights, comparative systems and reform.
What is the main question?
The author asks how far Pakistan’s criminal justice system institutes the principles of the rule of law, with reference to the Sughran Bibi case.
What method does the author use?
The paper uses legal and case analysis, drawing on legislation, judicial decisions and published sources, alongside a descriptive comparison of criminal justice systems.
What does the main discussion cover?
It moves from the roles of police, prosecutors and courts to the legal framework, the case study, rule-of-law principles, international comparisons and reform proposals.
Which keywords characterize the work?
Key terms include criminal justice, Pakistan, rule of law, Sughran Bibi, first information reports, judicial independence and legal reform.
Why are first information reports important to the case study?
The case concerns a request for a second report and provides the basis for discussing how different accounts of an incident are handled during an investigation.
Which other countries are discussed?
The comparative section considers the United States, the United Kingdom, Canada, Sweden, France, Germany and Australia.
What kinds of reform does the author discuss?
The proposals address areas including police accountability, witness protection, legal assistance, judicial administration and prison conditions.
- Quote paper
- Fatima Tariq (Author), 2020, Criminal Justice System of Pakistan, Munich, GRIN Verlag, https://www.grin.com/document/515028
