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.
Table of Contents
- Part I: INTRODUCTION
- Part II: CRIMINAL JUSTICE SYSTEM OF PAKISTAN
- PILLARS
- ADVERSARIAL SYSTEM
- Police
- Prosecution
- Court
Objectives and Key Themes
The objective of this paper is to provide a detailed overview of Pakistan's criminal justice system, critically analyzing its aims, procedures, and effectiveness, particularly in light of the Sughran Bibi case. It explores the system's structure, highlighting its strengths and weaknesses, and offers recommendations for reform.
- Structure and components of Pakistan's criminal justice system
- Analysis of the adversarial system within the Pakistani context
- Role of key players: police, prosecution, and courts
- Comparison with developed nations' criminal justice systems
- Recommendations for reforming the Pakistani criminal justice system
Chapter Summaries
Part I: INTRODUCTION: This introductory section lays the groundwork for understanding Pakistan's criminal justice system. It defines the system broadly, outlining its core components (legislature, enforcement agencies, courts, and correctional services) and primary objective: protecting citizens' lives and property while ensuring societal order. The section highlights the system's three main phases (investigation, trial, and execution) and its three pillars (investigation, prosecution, and trial). It also introduces the key objectives of the system, emphasizing the need for both the punishment of the guilty and the acquittal of the innocent, all while ensuring fair treatment of suspects and those in custody. The introduction sets the stage for a deeper examination of the Pakistani system in the following sections.
Part II: CRIMINAL JUSTICE SYSTEM OF PAKISTAN: This section delves into the specifics of Pakistan's criminal justice system. It emphasizes the system's reliance on three pillars—investigation, prosecution, and trial—arguing that their balanced and appropriate functioning is essential for the system's overall effectiveness. The section details the adversarial system employed in Pakistan's courts, where the judge acts as an umpire, and the burden of proof rests on the prosecution. The roles of the police (investigation, fact-finding, evidence collection), prosecution (scrutinizing police cases, presenting cases in court, and ensuring legal compliance), and courts (initiating proceedings, informing the accused, and ensuring due process) are carefully elaborated upon. The section highlights case law (such as *Lal Khan Versus SHO*) to illustrate the practical application and interpretation of these roles within the Pakistani legal framework. This detailed breakdown offers a comprehensive understanding of how each part of the system operates.
Keywords
Pakistan, criminal justice system, rule of law, adversarial system, police, prosecution, courts, investigation, trial, due process, Sughran Bibi case, FIR, judicial reform, comparative criminal justice.
FAQ: A Comprehensive Overview of Pakistan's Criminal Justice System
What is the purpose of this document?
This document provides a comprehensive preview of a paper analyzing Pakistan's criminal justice system. It includes a table of contents, objectives and key themes, chapter summaries, and keywords. The analysis is intended for academic use, focusing on a structured and professional examination of the system's themes.
What are the main parts of the document?
The document is structured into several key sections: a Table of Contents outlining the structure; a section detailing the objectives and key themes of the analysis; chapter summaries providing an overview of the content of each part; and a list of keywords for easy searchability and topic identification.
What are the objectives and key themes explored in the paper?
The paper aims to provide a detailed overview of Pakistan's criminal justice system, critically analyzing its aims, procedures, and effectiveness. Key themes include the system's structure, its strengths and weaknesses, the roles of key players (police, prosecution, courts), a comparison with developed nations' systems, and recommendations for reform. The Sughran Bibi case is used as a relevant example.
What are the main components of Pakistan's criminal justice system as described in the document?
The document highlights the three pillars of Pakistan's criminal justice system: investigation, prosecution, and trial. It details the roles of the police (investigation and evidence gathering), the prosecution (presenting cases in court), and the courts (ensuring due process and administering justice). The adversarial system, where the judge acts as an umpire, is also emphasized.
What is the adversarial system, and how does it function within Pakistan's criminal justice system?
The adversarial system, employed in Pakistan's courts, involves two opposing sides (prosecution and defense) presenting their cases before a judge who acts as an impartial referee. The burden of proof lies with the prosecution.
What are the chapter summaries included in the preview?
The preview includes summaries of Part I (Introduction), which lays the groundwork by defining the system's core components, objectives, and phases, and Part II (Criminal Justice System of Pakistan), which delves into the specifics of the system's three pillars and the roles of the police, prosecution, and courts, illustrating these roles with case law examples like *Lal Khan Versus SHO*.
What keywords are associated with this analysis of Pakistan's criminal justice system?
Keywords include: Pakistan, criminal justice system, rule of law, adversarial system, police, prosecution, courts, investigation, trial, due process, Sughran Bibi case, FIR, judicial reform, and comparative criminal justice.
What is the intended audience for this document?
The document is intended for academic use, supporting the analysis of themes within Pakistan's criminal justice system.
- Citar trabajo
- Fatima Tariq (Autor), 2020, Criminal Justice System of Pakistan, Múnich, GRIN Verlag, https://www.grin.com/document/515028
