This document summarizes a discussion on constitutional law and human rights in Malaysia. It discusses how certain fundamental rights like the right to be informed of arrest grounds and the right to be produced before a magistrate have sometimes been denied to detainees due to legal provisions that override these rights or imperfect law implementation. It then explains the powers granted under Article 149 of the Malaysian constitution to pass laws that can limit fundamental rights in order to combat threats like subversion, even without a state of emergency. Key cases related to judicial review of such laws and the Internal Security Act are analyzed.
Constitutional Law 5 - Rts of Accused PersonsKevin YL Tan
The document discusses key provisions in Part IV of the Singapore Constitution relating to fundamental liberties and human rights, including Articles 9, 11-15. It analyzes judicial interpretations of these rights to liberty, equal protection, freedom of speech and religion. It also examines how these rights can be overridden by legislation passed under the Internal Security Act for reasons of public security and emergency powers in Article 149.
The High Court will hear the case between Meng and Ong because the offence of murder carries a potential death sentence. The High Court has original, appellate, revisionary, and supervisory jurisdiction over criminal and civil cases. It normally tries cases involving serious criminal offenses, such as those carrying the death penalty, and hears appeals from lower courts. The High Court also has the power to review decisions of administrative tribunals and native courts.
This document summarizes the rights of an arrested person under Article 5(3) and (4) of the Malaysian constitution. It discusses the three main rights: 1) the right to be informed of the grounds for arrest, 2) the right to consult a legal practitioner, and 3) the right to be defended by a legal practitioner of one's choice. It examines Malaysian case law that has interpreted and established limitations on these rights, such as allowing a reasonable delay before access to a lawyer to avoid interfering with police investigations. The document also discusses exceptions to these rights for enemy aliens under certain security laws.
This document discusses Articles 8, 9, and 25 of the Malaysian Federal Constitution regarding equality, protection from banishment, and deprivation of citizenship.
Key points include:
- Article 8 guarantees equality before the law and equal protection, but allows for reasonable classification based on intelligible differentia and a nexus with lawful objectives. Courts have upheld various laws as not violating this principle.
- Article 9 protects against banishment from the country.
- Article 25 allows the Federal Government to deprive citizenship obtained by registration or naturalization if the individual shows disloyalty, aided enemies during war, or obtained citizenship by fraud or mistake.
This document provides an overview of the Syariah court system in Malaysia. It describes the three-tiered structure, including the Syariah Subordinate Court, Syariah High Court, and Syariah Appeal Court. It outlines the constitution, jurisdiction, and areas of law (civil and criminal) handled by each court. The purpose of amending Article 121(1A) of the Federal Constitution was to oust the jurisdiction of civil courts over matters falling under Syariah court authority and avoid civil courts re-examining Syariah court judgments. This was done to give Muslims the opportunity to be tried under Islamic law for family and religious matters.
The document discusses the rights of arrested persons under Article 5 of the Malaysian Constitution.
It describes the 3 rights under Article 5(3): 1) the right to be informed of the grounds of arrest, 2) the right to consult a lawyer, and 3) the right to be defended by a lawyer of one's choice. It also discusses the right under Article 5(4) to be produced before a magistrate within 24 hours.
Several court cases are discussed that relate to defining and enforcing these rights. For example, in Abdul Rahman v Tan Jo Koh the court held that a person must be given a reason for their arrest within a reasonable time. In Ramli bin Salleh the right to counsel was
This document summarizes a discussion on constitutional law and human rights in Malaysia. It discusses how certain fundamental rights like the right to be informed of arrest grounds and the right to be produced before a magistrate have sometimes been denied to detainees due to legal provisions that override these rights or imperfect law implementation. It then explains the powers granted under Article 149 of the Malaysian constitution to pass laws that can limit fundamental rights in order to combat threats like subversion, even without a state of emergency. Key cases related to judicial review of such laws and the Internal Security Act are analyzed.
Constitutional Law 5 - Rts of Accused PersonsKevin YL Tan
The document discusses key provisions in Part IV of the Singapore Constitution relating to fundamental liberties and human rights, including Articles 9, 11-15. It analyzes judicial interpretations of these rights to liberty, equal protection, freedom of speech and religion. It also examines how these rights can be overridden by legislation passed under the Internal Security Act for reasons of public security and emergency powers in Article 149.
The High Court will hear the case between Meng and Ong because the offence of murder carries a potential death sentence. The High Court has original, appellate, revisionary, and supervisory jurisdiction over criminal and civil cases. It normally tries cases involving serious criminal offenses, such as those carrying the death penalty, and hears appeals from lower courts. The High Court also has the power to review decisions of administrative tribunals and native courts.
This document summarizes the rights of an arrested person under Article 5(3) and (4) of the Malaysian constitution. It discusses the three main rights: 1) the right to be informed of the grounds for arrest, 2) the right to consult a legal practitioner, and 3) the right to be defended by a legal practitioner of one's choice. It examines Malaysian case law that has interpreted and established limitations on these rights, such as allowing a reasonable delay before access to a lawyer to avoid interfering with police investigations. The document also discusses exceptions to these rights for enemy aliens under certain security laws.
This document discusses Articles 8, 9, and 25 of the Malaysian Federal Constitution regarding equality, protection from banishment, and deprivation of citizenship.
Key points include:
- Article 8 guarantees equality before the law and equal protection, but allows for reasonable classification based on intelligible differentia and a nexus with lawful objectives. Courts have upheld various laws as not violating this principle.
- Article 9 protects against banishment from the country.
- Article 25 allows the Federal Government to deprive citizenship obtained by registration or naturalization if the individual shows disloyalty, aided enemies during war, or obtained citizenship by fraud or mistake.
This document provides an overview of the Syariah court system in Malaysia. It describes the three-tiered structure, including the Syariah Subordinate Court, Syariah High Court, and Syariah Appeal Court. It outlines the constitution, jurisdiction, and areas of law (civil and criminal) handled by each court. The purpose of amending Article 121(1A) of the Federal Constitution was to oust the jurisdiction of civil courts over matters falling under Syariah court authority and avoid civil courts re-examining Syariah court judgments. This was done to give Muslims the opportunity to be tried under Islamic law for family and religious matters.
The document discusses the rights of arrested persons under Article 5 of the Malaysian Constitution.
It describes the 3 rights under Article 5(3): 1) the right to be informed of the grounds of arrest, 2) the right to consult a lawyer, and 3) the right to be defended by a lawyer of one's choice. It also discusses the right under Article 5(4) to be produced before a magistrate within 24 hours.
Several court cases are discussed that relate to defining and enforcing these rights. For example, in Abdul Rahman v Tan Jo Koh the court held that a person must be given a reason for their arrest within a reasonable time. In Ramli bin Salleh the right to counsel was
MALAYSIAN LEGAL SYSTEM Sources of law - administration of islamic law in mal...xareejx
This document discusses the jurisdiction of Syariah courts in Malaysia. It outlines that Syariah courts have exclusive jurisdiction over matters pertaining to Islamic law for Muslims, as conferred by state enactments. It also discusses a key case that established that matters of apostasy (conversion out of Islam) fall under the implicit jurisdiction of Syariah courts, even if not explicitly stated in enactments.
The document discusses Article 5 of the Federal Constitution of Malaysia, which protects individuals from being deprived of life or personal liberty except in accordance with law. It summarizes the rights this article provides, including the right to know the grounds of arrest, the right to legal representation, and the right to be produced before a magistrate. It also discusses exceptions to these rights under emergency laws and the remedy of habeas corpus.
Article 5 Federal Constitution Malaysia - Liberty of a pesonNelfi Amiera Mizan
Article 5 of the Malaysian Federal Constitution provides rights to liberty of the person but contains some defects. It outlines exceptions where a person may be deprived of liberty but these exceptions have been interpreted too narrowly by courts. Compared to international standards like the European Convention on Human Rights, Article 5 does not sufficiently protect personal liberty and is easily overridden by security laws. Reforms are needed to strengthen Article 5's protections, such as amending absolute emergency powers and defining 'law' to incorporate principles of natural justice.
A presentation on constitutionally remandTawsifAnik1
This document provides a summary of a presentation on the constitutionality of remand in Bangladesh. It discusses how remand allows detention until trial but that the current remand process violates constitutional protections. The presentation defines remand and relevant constitutional articles. It notes that while remand is intended to collect evidence, authorities often use torture. Case law has tried to curb abuse but directives are not followed. As a result, the current remand process is deemed unconstitutional due to violations of protections against torture, arbitrary arrest, and rights of the accused.
This document summarizes Articles 6 and 7 of the Malaysian Constitution regarding prohibitions on slavery, forced labour, retrospective criminal laws, and double jeopardy.
Article 6 prohibits slavery and forced labour with some exceptions for compulsory national service. Article 7 protects against retrospective criminal laws by prohibiting punishment for acts that were legal when committed and prohibits greater punishment than what was prescribed by law at the time. It also protects against double jeopardy by prohibiting trying someone again for the same offense after an acquittal or conviction. There are some exceptions listed for both articles.
Non-cognizable offenses are those in which the police cannot make an arrest without a court order, while cognizable offenses allow for arrest without a court order for serious crimes like murder or rape. The document then provides an overview of India's legal framework, noting the three main acts that govern criminal procedure and penalties. It explains some key terms and concepts in Indian criminal law like bailable vs. non-bailable offenses and the process for filing an FIR to trigger a police investigation.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1) The CrPC enacted in 1973 provides the process for investigating crimes, apprehending suspects, collecting evidence, determining guilt, and punishments.
2) It also addresses public nuisances, crime prevention, and maintenance of family. The Act has 484 sections divided into 37 chapters.
3) The summary outlines the procedure after a crime from filing an FIR to police investigation and filing charges. It also describes the powers of police during interrogation and arresting individuals.
Ong and Meng were friends who got into a heated argument. Ong lost his temper and repeatedly stabbed Meng with a knife, and Meng died two days later. Ong is now charged with Meng's murder. The court that will hear the first mention of this murder case is the Magistrate Court, as laid out in the Malaysian constitution and criminal procedure code.
The document summarizes Section 160 of the Criminal Procedural Code of India, which outlines a police officer's power to require attendance of witnesses during an investigation. It states that a police officer can issue a written order requiring any person within their station or an adjoining station who appears acquainted with the case facts to attend. However, women and males under 15 cannot be compelled to attend elsewhere than their residence. The state government can also reimburse witnesses' reasonable expenses to attend elsewhere. Non-compliance can result in prosecution under Section 174 of the Indian Penal Code.
The criminal justice system involves reporting offenses to the police, who may register an FIR and begin investigating. For cognizable offenses, the police can make arrests without a warrant. If the police refuse to register an FIR, the complainant can approach higher authorities or the court. Arrested individuals must be informed of the reasons for arrest and produced before a magistrate within 24 hours. The criminal process also involves bail procedures, investigation, filing charges, and trial, which can result in conviction or acquittal. The key laws governing the criminal justice system are the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act.
Administration of Islamic Law under Federal ConstitutionFAROUQ
This document discusses the jurisdiction of Syariah courts and civil courts in family law cases involving Muslims in Malaysia. [1] Before amendments to the Federal Constitution in 1988, civil courts had jurisdiction over cases involving Muslims and often overturned Syariah court rulings. [2] After 1992, civil courts began recognizing Syariah court jurisdiction over Muslims. However, conflicts still arise in cases where one spouse converts to Islam. [3] The Federal Court ruled that the civil high court has jurisdiction over divorce and custody if the spouses' religious status at marriage was different, to prevent injustice to the unconverted spouse.
This document discusses the role and powers of a Justice of Peace (JP) in Pakistan. It notes that a JP performs administrative and ministerial functions, not judicial roles. It outlines the types of complaints a JP can address related to police matters, such as failures to register cases or record statements. However, a JP cannot directly interfere with investigations or transfer cases. When addressing complaints, a JP should gather police comments, ensure remedies are exhausted, and focus on facilitating solutions rather than directly resolving issues. Non-compliance of a JP's directions can result in recommending criminal cases or actions by higher police authorities.
RIGHTS OF AN ARRESTEE DURING POLICE ARRESTUgochukwu Ugwu
1. Unlawful arrests have contributed to overcrowding in police stations and prisons, as arrests are sometimes made for civil matters or on frivolous grounds. Police also arrest friends and family of suspects to compel suspects to turn themselves in.
2. The rights of arrestees include being informed of the reason for arrest. The arrestee has the right to remain silent and consult a lawyer before making any statements. They must not be subjected to torture or inhumane treatment.
3. Electronic recording of confessions is allowed, as is oral confessions. Bail is to be granted free of charge within 24 hours, except for offenses punishable by death. The residual status of an arrestee is presumed
conflict happened between civil courts and syariah courts because civil court interfere syariah court jurisdiction and also happened civil court over ruled the decision of syariah court.The amendment of (1A) had been added to article 121 to specific the jurisdiction of syariah court.
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
The document provides an overview of criminal justice systems around the world and in Pakistan. It discusses the adversarial system used in common law countries where two advocates argue their positions before an impartial judge or jury. It also describes the inquisitorial system used in countries like Germany and France where the judge plays an active role in investigating the case. The document then discusses the Mughal judicial system and its hierarchy of courts at the imperial, provincial, district, and local levels. It finally outlines the key organs of Pakistan's current adversarial criminal justice system: investigation, prosecution, judiciary, and corrections.
The document discusses the differences between cognizable and non-cognizable offenses in India. For non-cognizable offenses, the police cannot make an arrest without a court order, but for cognizable offenses the police can make an arrest without a court order. The document also provides definitions for key terms related to the Indian criminal justice system such as bailable vs. non-bailable offenses, anticipatory bail, and how a criminal investigation can be initiated.
The document summarizes the US Constitution, beginning with the Preamble outlining the reasons for independence and establishing a more perfect Union. It then describes the 7 original articles that established the three branches of government and their powers, as well as how the Constitution can be amended. Finally, it lists the 27 amendments added to the original Constitution, including those guaranteeing rights like freedom of speech and abolishing slavery.
Role of judiciary in sustaining democratic trends of pakistanFARAH FAREEHA
The role of the judiciary is crucial for strengthening democracy in Pakistan. An independent judiciary is needed to interpret the constitution, settle conflicts, protect citizens' rights, and ensure separation of powers. However, Pakistan has experienced several periods of military rule that undermined the judiciary and democracy. The 1973 constitution established judicial review but the judiciary remains weakened by political pressures. Recent judicial activism under Chief Justice Chaudhry has increased the judiciary's prestige and pushed for an independent judiciary, critical to sustaining democracy in Pakistan.
MALAYSIAN LEGAL SYSTEM Sources of law - administration of islamic law in mal...xareejx
This document discusses the jurisdiction of Syariah courts in Malaysia. It outlines that Syariah courts have exclusive jurisdiction over matters pertaining to Islamic law for Muslims, as conferred by state enactments. It also discusses a key case that established that matters of apostasy (conversion out of Islam) fall under the implicit jurisdiction of Syariah courts, even if not explicitly stated in enactments.
The document discusses Article 5 of the Federal Constitution of Malaysia, which protects individuals from being deprived of life or personal liberty except in accordance with law. It summarizes the rights this article provides, including the right to know the grounds of arrest, the right to legal representation, and the right to be produced before a magistrate. It also discusses exceptions to these rights under emergency laws and the remedy of habeas corpus.
Article 5 Federal Constitution Malaysia - Liberty of a pesonNelfi Amiera Mizan
Article 5 of the Malaysian Federal Constitution provides rights to liberty of the person but contains some defects. It outlines exceptions where a person may be deprived of liberty but these exceptions have been interpreted too narrowly by courts. Compared to international standards like the European Convention on Human Rights, Article 5 does not sufficiently protect personal liberty and is easily overridden by security laws. Reforms are needed to strengthen Article 5's protections, such as amending absolute emergency powers and defining 'law' to incorporate principles of natural justice.
A presentation on constitutionally remandTawsifAnik1
This document provides a summary of a presentation on the constitutionality of remand in Bangladesh. It discusses how remand allows detention until trial but that the current remand process violates constitutional protections. The presentation defines remand and relevant constitutional articles. It notes that while remand is intended to collect evidence, authorities often use torture. Case law has tried to curb abuse but directives are not followed. As a result, the current remand process is deemed unconstitutional due to violations of protections against torture, arbitrary arrest, and rights of the accused.
This document summarizes Articles 6 and 7 of the Malaysian Constitution regarding prohibitions on slavery, forced labour, retrospective criminal laws, and double jeopardy.
Article 6 prohibits slavery and forced labour with some exceptions for compulsory national service. Article 7 protects against retrospective criminal laws by prohibiting punishment for acts that were legal when committed and prohibits greater punishment than what was prescribed by law at the time. It also protects against double jeopardy by prohibiting trying someone again for the same offense after an acquittal or conviction. There are some exceptions listed for both articles.
Non-cognizable offenses are those in which the police cannot make an arrest without a court order, while cognizable offenses allow for arrest without a court order for serious crimes like murder or rape. The document then provides an overview of India's legal framework, noting the three main acts that govern criminal procedure and penalties. It explains some key terms and concepts in Indian criminal law like bailable vs. non-bailable offenses and the process for filing an FIR to trigger a police investigation.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1) The CrPC enacted in 1973 provides the process for investigating crimes, apprehending suspects, collecting evidence, determining guilt, and punishments.
2) It also addresses public nuisances, crime prevention, and maintenance of family. The Act has 484 sections divided into 37 chapters.
3) The summary outlines the procedure after a crime from filing an FIR to police investigation and filing charges. It also describes the powers of police during interrogation and arresting individuals.
Ong and Meng were friends who got into a heated argument. Ong lost his temper and repeatedly stabbed Meng with a knife, and Meng died two days later. Ong is now charged with Meng's murder. The court that will hear the first mention of this murder case is the Magistrate Court, as laid out in the Malaysian constitution and criminal procedure code.
The document summarizes Section 160 of the Criminal Procedural Code of India, which outlines a police officer's power to require attendance of witnesses during an investigation. It states that a police officer can issue a written order requiring any person within their station or an adjoining station who appears acquainted with the case facts to attend. However, women and males under 15 cannot be compelled to attend elsewhere than their residence. The state government can also reimburse witnesses' reasonable expenses to attend elsewhere. Non-compliance can result in prosecution under Section 174 of the Indian Penal Code.
The criminal justice system involves reporting offenses to the police, who may register an FIR and begin investigating. For cognizable offenses, the police can make arrests without a warrant. If the police refuse to register an FIR, the complainant can approach higher authorities or the court. Arrested individuals must be informed of the reasons for arrest and produced before a magistrate within 24 hours. The criminal process also involves bail procedures, investigation, filing charges, and trial, which can result in conviction or acquittal. The key laws governing the criminal justice system are the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act.
Administration of Islamic Law under Federal ConstitutionFAROUQ
This document discusses the jurisdiction of Syariah courts and civil courts in family law cases involving Muslims in Malaysia. [1] Before amendments to the Federal Constitution in 1988, civil courts had jurisdiction over cases involving Muslims and often overturned Syariah court rulings. [2] After 1992, civil courts began recognizing Syariah court jurisdiction over Muslims. However, conflicts still arise in cases where one spouse converts to Islam. [3] The Federal Court ruled that the civil high court has jurisdiction over divorce and custody if the spouses' religious status at marriage was different, to prevent injustice to the unconverted spouse.
This document discusses the role and powers of a Justice of Peace (JP) in Pakistan. It notes that a JP performs administrative and ministerial functions, not judicial roles. It outlines the types of complaints a JP can address related to police matters, such as failures to register cases or record statements. However, a JP cannot directly interfere with investigations or transfer cases. When addressing complaints, a JP should gather police comments, ensure remedies are exhausted, and focus on facilitating solutions rather than directly resolving issues. Non-compliance of a JP's directions can result in recommending criminal cases or actions by higher police authorities.
RIGHTS OF AN ARRESTEE DURING POLICE ARRESTUgochukwu Ugwu
1. Unlawful arrests have contributed to overcrowding in police stations and prisons, as arrests are sometimes made for civil matters or on frivolous grounds. Police also arrest friends and family of suspects to compel suspects to turn themselves in.
2. The rights of arrestees include being informed of the reason for arrest. The arrestee has the right to remain silent and consult a lawyer before making any statements. They must not be subjected to torture or inhumane treatment.
3. Electronic recording of confessions is allowed, as is oral confessions. Bail is to be granted free of charge within 24 hours, except for offenses punishable by death. The residual status of an arrestee is presumed
conflict happened between civil courts and syariah courts because civil court interfere syariah court jurisdiction and also happened civil court over ruled the decision of syariah court.The amendment of (1A) had been added to article 121 to specific the jurisdiction of syariah court.
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
The document provides an overview of criminal justice systems around the world and in Pakistan. It discusses the adversarial system used in common law countries where two advocates argue their positions before an impartial judge or jury. It also describes the inquisitorial system used in countries like Germany and France where the judge plays an active role in investigating the case. The document then discusses the Mughal judicial system and its hierarchy of courts at the imperial, provincial, district, and local levels. It finally outlines the key organs of Pakistan's current adversarial criminal justice system: investigation, prosecution, judiciary, and corrections.
The document discusses the differences between cognizable and non-cognizable offenses in India. For non-cognizable offenses, the police cannot make an arrest without a court order, but for cognizable offenses the police can make an arrest without a court order. The document also provides definitions for key terms related to the Indian criminal justice system such as bailable vs. non-bailable offenses, anticipatory bail, and how a criminal investigation can be initiated.
The document summarizes the US Constitution, beginning with the Preamble outlining the reasons for independence and establishing a more perfect Union. It then describes the 7 original articles that established the three branches of government and their powers, as well as how the Constitution can be amended. Finally, it lists the 27 amendments added to the original Constitution, including those guaranteeing rights like freedom of speech and abolishing slavery.
Role of judiciary in sustaining democratic trends of pakistanFARAH FAREEHA
The role of the judiciary is crucial for strengthening democracy in Pakistan. An independent judiciary is needed to interpret the constitution, settle conflicts, protect citizens' rights, and ensure separation of powers. However, Pakistan has experienced several periods of military rule that undermined the judiciary and democracy. The 1973 constitution established judicial review but the judiciary remains weakened by political pressures. Recent judicial activism under Chief Justice Chaudhry has increased the judiciary's prestige and pushed for an independent judiciary, critical to sustaining democracy in Pakistan.
This document summarizes an organizational behavior final project submitted by five students. The project examines the relationship between job satisfaction, organizational justice, and organizational citizenship behaviors. It studies these relationships in both the private sector (Crescent Bahuman LTD) and public sector (Pakistan International Airline). The methodology section indicates that questionnaires will be used to collect data from 40 respondents across both sectors. Findings sections present data on levels of job satisfaction, organizational justice (distributive, procedural, interactional), and citizenship behaviors (interpersonal help, initiative, loyalty) for both the private and public sectors.
The document discusses Pakistan's criminal laws and the concept of Qisas and Diyat. It notes that Pakistan's original criminal laws were developed during British rule and focused solely on punishment by the state rather than victim rehabilitation. Qisas and Diyat laws were later introduced to incorporate the Islamic principles of restorative justice, including allowing victims or their heirs to pardon offenders or accept compensation. The laws also define various crimes against the person like hurt, injury, and causing death or miscarriage; and distinguish different types of offenses and levels of punishment.
The document summarizes the judicial system of Pakistan. It discusses the following key points:
1. The judicial system has evolved over time from Hindu, Muslim, and British rule and is now based on English common law mixed with Islamic law.
2. The system includes the Supreme Court, high courts, district and sessions courts, special tribunals, and family and juvenile courts.
3. Appointments of judges were reformed in 2010 to establish a judicial commission and parliamentary committee process in response to allegations of favoritism.
This document provides definitions and explanations of key terms related to forensic medicine and legal aspects of medicine. It discusses different types of injuries like hurt, wounds, and homicide. It also defines legal terms around compensation and inquiries into unnatural deaths. The document categorizes different types of hurt like dismemberment and bone fractures. It distinguishes between justifiable and culpable types of homicide.
The document discusses Pakistan's judicial system. It has a hierarchical structure with the Supreme Court at the top, followed by high courts in each province, and subordinate civil and criminal courts at the district level. The Supreme Court has the power of judicial review and to strike down laws as unconstitutional. High courts have appellate jurisdiction over lower courts. Alternative dispute resolution systems like jirgas also operate, especially in tribal areas. Justice and rule of law are important to uphold citizens' rights and resolve disputes in a systematic manner.
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
The document discusses the rights of accused persons in India as outlined in the constitution and criminal procedure code. It provides 8 key rights: 1) right to a fair trial, 2) right to know grounds of arrest, 3) right to remain silent, 4) right to be informed of bail provisions, 5) right to be produced before a magistrate without delay, 6) right to consult a legal practitioner, 7) right to free legal aid, and 8) right to be examined by a medical practitioner. It also summarizes the landmark D.K. Basu vs State of West Bengal case which established 8 guidelines to protect accused persons from torture and inhuman treatment while under arrest or in police custody.
RIGHTS OF VICTIM AND ACCUSED-F NURSING.pptxvarunmodgil
The document discusses the rights that an arrested person is granted under Indian law to protect their dignity and ensure a fair trial process. It outlines 8 key rights of an arrested person as provided in the Indian Constitution and Code of Criminal Procedure, including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, and right to legal counsel. It also discusses a landmark Supreme Court case that established additional guidelines police must follow when making an arrest to prevent abuse and protect the rights of arrested individuals.
The document summarizes Pakistan's judicial structure. It begins by defining justice and the purposes of a judicial system, which are to administer justice, resolve disagreements, and perform adjudication, legislation, and execution functions. It then outlines Pakistan's court system, which stems from the British system and requires laws be consistent with Islam. The system includes the Supreme Court, Federal Shariyat Court, four provincial High Courts, civil and criminal subordinate courts, and alternative dispute resolution systems like jirgas. Jirgas are tribal assemblies that decide local issues and remain influential due to Pakistan's strong feudal system.
For more than a century, our country's criminal law regime has been predominantly relying upon the ancient understanding of criminalizing human beings in a rather classic and rigid method of punishments through KUHP which exists long before our independence. Unfortunately, these methods have been proven through and through to be ineffective, both in giving deterrent impact to the convicted and society in general, as well as providing appropriate relief to the victims. The emergence of New KUHP, which will be effective in 2026, is set to cater those concerns with a more socially-adaptable approach.
Holding charge vis a vis section 293 of ACJA, the thought of Ugochukwu Ugwu, EsqUgochukwu Ugwu
The document discusses the concept of "holding charge" in Nigerian criminal law and analyzes Section 293 of the Administration of Criminal Justice Act, 2015 regarding this issue. It makes three key points:
1) A holding charge allows police to detain an accused person without proper investigation in order to build a case, undermining the presumption of innocence. Section 293 attempts to legalize this practice, contradicting constitutional protections.
2) No court has jurisdiction to try a case or issue remand orders if it lacks jurisdiction over the underlying offense. Section 293 violates this principle.
3) The practice of holding charge has been repeatedly criticized and condemned by Nigerian courts as an abuse of power that undermines personal liberty guarantees
about working of judiciary system in pakistansalman703925
The document summarizes Pakistan's judicial system. It outlines that Pakistan has a hierarchical court system with the Supreme Court at the top, followed by High Courts in each province, then district and civil courts. It also discusses the structure and jurisdiction of the Supreme Court, Federal Shariat Court, and High Courts. The Federal Shariat Court reviews laws for compliance with Islamic principles and hears cases related to Islamic criminal penalties. High Courts act as appellate courts for each province.
Pre trial proceedings in criminal case by ghulam hamidzulfi799
The document summarizes the key stages in pre-trial criminal proceedings in Pakistan, including:
1) Occurrence of the crime and victim/complainant reporting to police.
2) Police investigation under the Criminal Procedure Code, including registering an FIR, collecting evidence, and diary entries.
3) Police having the accused arrested (if a cognizable offense) and producing them before a magistrate within 24 hours. The magistrate then has powers to remand the accused to police custody for up to 15 days for further investigation or send to judicial custody.
The Accused’s Rights in Saudi Criminal lawAccused of crimes .docxmehek4
The Accused’s Rights in Saudi Criminal law
Accused of crimes needs some protection to his rights because he is innocent until proven guilty. Without any minor doubt that the accused person will be in his weakest situation during accusation and interrogation.
Informing the Accused of Crime of his Right
the Saudi criminal system does not have any requirements to informing the Accused of Crime of his Rights. The Saudi criminal laws only require that the accused shall give his personal information to the investigator and sign the report that contains such information. The Saudi legislator should inform suspects about their rights to avoid self-incrimination. The accused of crimes is not always a criminal or the one who really commits the crime where a person is innocent until proven guilty. Therefore, investigators prior to interrogation should notify the accused that he has right to remain silent and anything he says will be used against him in court. Also, they should inform him that he has a right to an attorney and if he is indigent, the government is going to pay for his lawyer.
the defendant has the right to be aware of the offending charge. The right of the accused to see the case file is important because it informs the accused of the charge or counts against him or her prior to interrogation. Viewing the evidence against the accused is important because it helps in preparing an effective defense. Article 101 of the Law of Criminal Procedure requires the investigator inform the accused of the charge he or she is facing.
Rights During an Arrest
Article 33 of the Law of Criminal Procedure states:
Where the crime is in the process of commission, the criminal investigation officer shall arrest the suspect present at the scene of the crime where there is sufficient evidence for his implication. A record of that shall be made and the Bureau of Investigation and Prosecution shall be immediately notified. In all cases, the person under arrest shall not be detained for more than 24 hours, except pursuant to a written order from the investigator.
No person shall be arrested, searched and detained or imprisoned except in cases provided by law.... And it is prohibited to harm the arrested, whether physically or mentally. Similarly, it is prohibited to subject anyone to torture or degrading treatment. In cases where there is no obvious violation of the law, no one shall be arrested or detained except by order of the competent authority. The police must hear the testimony of the accused immediately, and if the police find enough evidence to charge the individual, they must send the individual to an investigator, along with their report, within 24 hours. The Law of Criminal Procedure is keen to maintain the rights of the accused during arrest. Specifically, Article 36, provides:
(1) Detainees are to be treated well in order to preserve their dignity, and shall not be harmed physically or mentally, are entitled to know the reasons for their arr ...
This document provides definitions and explanations of key legal terms from the Indian Code of Criminal Procedure (Cr.P.C). It defines and discusses bailable and non-bailable offenses, charge, cognizable and non-cognizable offenses, complaint, inquiry, investigation, judicial proceedings, offense, police report, public prosecutor, and warrant and summons cases. For each term, it provides the definition in Cr.P.C. and relevant case law examples to aid understanding of how the terms are applied in legal contexts.
The document is a letter to the United Nations Human Rights Commissioner reporting violations of human rights during the investigation and arrest of protesters in India. It summarizes that a Sikh protester named Jugraj Singh was brutally beaten during questioning by the National Intelligence Agency, in violation of Indian laws and UN guidelines regarding the humane treatment of detainees. Photographic evidence of his injuries is provided. The letter requests the Commissioner's intervention to address ongoing human rights violations by the Indian government against protesting farmers and ensure the state complies with international human rights standards.
ch 6- civics understanding our criminal justice system class 8vansh bansal
The criminal justice system involves law enforcement investigating crimes and prosecuting offenders while also protecting citizens' rights. Police conduct investigations by gathering evidence and witness statements. If they believe there is enough evidence, they may recommend charges. Prosecutors then represent the public interest in ensuring prosecutions are conducted fairly and respect defendants' rights. Judges oversee trials and juries determine verdicts. The right to a fair trial is an important legal concept that aims to respect defendants' rights throughout the legal process according to due process.
Bailable sheria ya haki kwa mtuhumiwa TANZANIAAFRA PAUL
The document discusses bail, which refers to the security or bond required to release an accused person awaiting trial. Bail can be granted by police for matters not yet brought before a court, while the court has authority over bail for cases that have been instituted. There is a distinction made between bailable and non-bailable offenses. For bailable offenses, an accused has a right to bail, though it depends on meeting bail conditions. For non-bailable offenses, bail is at the court's discretion. The document provides examples of bailable and non-bailable offenses in different jurisdictions and discusses debates around whether bail should be considered a right or a privilege.
Arrest and questioning of accused in India, U.K. and U.S.A. | Comparitive Cri...NishkaPrajapati
The document compares criminal procedures related to arrest and questioning of accused persons in India, the UK, and the USA. In India, arrest can be made with or without a warrant by police officers, private persons, or magistrates under specific sections of the Code of Criminal Procedure. Upon arrest, the accused must be informed of the charges and brought before a magistrate within 24 hours. In the UK, the Police and Criminal Evidence Act provides powers of arrest with or without a warrant to police and private persons. Arrested persons must be informed of the grounds for and fact of arrest. In the USA, police can make warrantless arrests with probable cause and must inform arrested persons of their Miranda rights against self-incrimination if the arrest
The document discusses Look-Out Circulars (LOCs) in India, which are notices issued by law enforcement agencies to monitor individuals wanted in criminal cases who may try to leave the country. LOCs can restrict travel or lead to arrest. While not defined in law, they are commonly used to prevent individuals from absconding. Different types of LOCs have varying levels of restriction, from informing authorities of travel to arrest. Guidelines state that LOCs must be approved by senior officials and include identifying details. They are valid for one year unless extended. The Supreme Court has held that anticipatory bail can still be granted even if an LOC has been issued against an individual.
Every society requires tranquilly and favourable conditions to advance. Disrupted and anarchic civilizations tend to devote all of their resources to unimportant endeavours. On the other hand, kids can develop and flourish if they have a sense of safety, security, and order. Herein lies the significance of the police in society. This system existed at all eras, in one form or another, with varying roles and obligations.
JUDICIAL SUPERVISION OF CRIMINAL JUSTICE SYSTEMsebis1
The document discusses the criminal justice system and judicial supervision of criminal cases. It describes the key parts of the criminal justice system as law enforcement, courts, and agencies for detaining offenders. The goals of judicial supervision are outlined as protecting rights of participants, hindering arbitrary authority, and ensuring fair trials. International conventions like the Universal Declaration of Human Rights, Convention Against Torture, and International Covenant on Civil and Political Rights establish rights for arrested, detained, and imprisoned individuals.
The document discusses crowd management and the use of force by police during protests and assemblies. It outlines the legal framework for peaceful protests and defines lawful vs unlawful assemblies. It emphasizes using minimum force proportional to the situation to disperse crowds and maintain public order. Intelligence gathering and contingency planning are important. The principles of using non-lethal weapons first, then lathi charge, followed by firing as a last resort with warnings are explained.
The Attorney General is the chief legal adviser to the government and is responsible for instituting legal proceedings on behalf of the government. Judges preside over trials in an impartial manner, determine facts and apply the law. They may also impose sentences in criminal cases. The Registrar administers the court and handles administrative duties such as maintaining records and corresponding on behalf of the court.
Owing to efficient Securities and Exchange Commission of Pakistan, total registered companies in Pakistan are over two hundred thousand by August 2023. (Sajid Imtiaz)
Khurshid Barlas is founder and chairman of Pakistan Association of Exhibition Industry (PAEI), President of UK Pakistan Business Council (Pakistan Chapter), Chairman of standing committees of Rawalpindi Chamber of Commerce & Industry and honorary member of AJK Board of Investment. (Sajid Imtiaz)
At Pre-Launch phase in Pakistan, housing societies e.g. 7 Wonders Cities Islamabad and GC Homes Chakri Interchange are offering incentives to investors as marketing technique. (Sajid Imtiaz)
GC Homes is offering a pre-launch promotion for its new housing society where buyers can receive free plots when purchasing plots. Specifically, buyers will get 1 free plot when buying 1 plot or 2 free plots when buying another plot. These types of buy one get one free offers are common marketing techniques used by developers during the pre-launch phase of new housing projects.
Psychology-driven creative director Sajid Imtiaz focuses on using psychological principles to inform creative direction. His approach leverages an understanding of human behavior and decision-making to develop compelling and effective creative campaigns. Sajid aims to craft messaging that resonates with audiences on a deeper level through strategic use of psychology in creative works.
Around 2017 new companies were registered during October 2021. Construction, Trading, IT and eCommerce are leading four sectors of economy. (Sajid Imtiaz)
In Islamabad, Lahore, Karachi and Peshawar, 1693 new companies were registered during July 2021. Governments of Sindh and Khyber Pakhtunkhwa have to facilitate entrepreneurs. (Sajid Imtiaz)
In Islamabad, Lahore, Karachi and Peshawar, 4101 new companies were registered during May-June 2021. Governments of Sindh and Khyber Pakhtunkhwa have to facilitate entrepreneurs. (Sajid Imtiaz)
Around 2504 new companies were registered throughout Pakistan in June 2021. Construction & Real Estate, Trading, IT, Services, eCommerce, Food & Beverages are steadily growing sectors in Pakistan. (Sajid Imtiaz)
Around 1597 new companies were registered throughout Pakistan in May 2021. Construction, Trading, IT, Services, Food and Beverages are steadily growing sectors in Pakistan. (Sajid Imtiaz)
850 new companies registered in March 2021 in Islamabad, 751 in Lahore, and 385 in Karachi. Construction, Trading, IT, Services, Food and Beverages are steadily growing sectors in Pakistan according to Sajid Imtiaz, Associate Creative Director at Adage.
Around 2257 new companies were registered throughout Pakistan in February 2021. Trading, IT, construction, services and real estate development are steadily growing sectors in Pakistan. (Sajid Imtiaz)
Around 2201 new companies were registered throughout Pakistan in January 2021. Trading, IT, construction, services and e-commerce are steadily growing sectors in Pakistan. (Sajid Imtiaz)
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
It's the Law: Recent Court and Administrative Decisions of Interest
Justice of the Peace
1. Justice of The Peace
The concept Justice of Peace (JoP) has been
introduced in most countries to secure
public peace and tranquility. A Judicial
Officer of the inferior rank holding a court
not of record, and having civil and criminal
jurisdiction of a limited nature, for the trial
of minor cases, to an extent prescribed by
statue, and for the conservation of the
peace and the preliminary hearing of
criminal complaints and the commitment of
offenders.
According to Pakistani law any
Provincial Government can appoint any
reasonable and suitable person as a
Justice of Peace (JoP) in a union council,
tehsil and district level for a specific
period. He or she institutes legal
proceedings against a person who infringes
the rights of other. He or she has power to
make an arrest in circumstances
enumerated in Sections 54 and 55 of the
criminal procedure code and to hand over
the custody of the arrested person to the
officer in charge of the nearest police
station.
Moreover, JoP also has the power to issue a
certificate of identification of a person, to
verify documents and to attest any such
document required by or under law in force
to be attested by a magistrate, until the
contrary was proved, any certificate,
document attested shall be deemed to have
been as fully attested as if he had been by a
magistrate, as mentioned in Section 22-A of
the CrPC. It is also necessary to fix
handsome salary for the JoP.
In view of the increasing crime rate yet
registration of First Information Report
(FIR) is a big problem. Therefore, Provincial
Government and federal government may
appoint Justices of Peace in every union
council, tehsil, and district level to secure
public peace and tranquility and try to
make the crime-free Pakistan. Hopefully,
Government of Pakistan, Supreme Court
and Wafaqi Mohtasib will take
immediate steps for the appointment of
the Justices of the Peace at the union
council level.
Siddique Baloch
LLB, Intl Islamic University
Cell: 0333 5575786