LECTURE ON LEGAL PROCEDURES

Pakistans Legal System, Courts, their power and

jurisdiction.
Important legal terms
LEGAL PROCEDURES
FORENSIC MEDICINE
DEFINITION:
Phrase Forensic Medicine is a combination of two words
I) Forensic
A) Derived from word forum
Forum Means
a) Market Place
b) Assembly for the discussion of public affairs
B) Derived from word
Forensis means (Latin) =law
II) Medicine
a) Knowledge concerned with prevention, diagnosis and
treatment of disease.
b) A remedy in any form
c) Knowledge about human structure, function and behavior.
Forensic medicine, legal medicine or state medicine is a branch of medicine which deals with the
application of knowledge and principles of medical science to help law in civil as well as criminal
cases, or in short it deals with the practice of medicine in relation to law.

EXAMPLES OF CIVIL CASES.

1) Estimation of age for.
a) Civil marriage
b) Transfer of property
c) Working in a factory
d) Consent
2) Cases of negligence by doctors as.
a) Applying tight plaster leading to gangrene.
b) Operating on a wrong patient
c) Amputation of a wrong finger

MEDICAL JURISPRUDENCE

Definition:

Juris means law and prudentia means knowledge so medical

jurisprudence is the subject which deals with the application of
knowledge of law in relation to practice of medicine, or in short it deals
with the legal aspects of medical practice.
Examples: Doctor-patient relationship also known as IMPLIED CONTRACT.
Doctor- doctor relationship
Doctor-state relationship.

A) DOCTOR- PATIENT RELATIONSHIP

It is commonly known as implied contract
An implied contract may be defined as contract which is neither written nor verbal, between the
doctor and the patient in which, it is taken for granted that the doctor will treat the patient to the
best of his ability, and will not disclose patients secrecy known as Professional secrecy, and in
turn the patient also has certain obligations towards the doctor i.e. he will take the medicines as
directed by the doctor, in proper dosage and will have regular follow up. In this contract if there is
any fault on part of any party, the other party has full right to file case for any mental or physical
disability caused by the doctor due to wrong diagnosis, or on part of doctor to claim for non
payment of fee etc

B) DOCTOR-DOCTOR RELATIONSHIP
A doctor criticizing his colleague or using unfair means to harm his reputation,

such as passing harsh remarks on prescription of other doctors etc.

DOCTOR- STATE RELATIONSHIP

A doctor is liable to face the consequences if he fails in his duty to help law
e.g. not appearing in the court even after receiving valid summon from court
of law to record his evidence.
A doctor can also be accused if he fails to inform the Public Health
Authorities about a case of notify able disease or food poisoning from a
certain hotel or bakery etc.
This is covered under heading of PRIVILEGED COMMUNICATION which
may be defined as the doctor is bound to inform Higher Public Authorities
about a notify able disease, cases of poisoning from a particular hotel or
bakery, or while examining a railway driver, who can not differentiate
between primary colors, etc in welfare of general public. Sometimes it is
asked how you will communicate privileged communication. After writing it
should be put in an envelope and sealed, and over it word PRIVILEGED
COMMUNICATION is written in block letters over the top of the envelope.

TOXICOLOGY
Definition:
Toxicology is a branch of forensic medicine which deals with the knowledge
of properties, sources, characteristics of the poisons, the symptoms they
produce and the therapeutic measures that should be taken to antagonize
their toxic effects. It also deals with the diagnosis and detection of poisons

and various chemical tests used to identify them in the living as well in the
dead. It also deals with the law regarding sales and prescription of
dangerous drugs.
Toxicology is a branch of forensic medicine which deals with the signs,
symptoms, diagnosis, treatment and detection of poisons. It also deals with
sale and prescription of dangerous drugs:In short toxicology is the branch of forensic medicine which deals with the
signs, symptoms, diagnosis, treatment and detection of poisons.

DANGEROUS DRUG ACT

The import, storing, manufacturing marketing and prescription of dangerous drugs i.e. drugs if
taken in large doses can cause death or drugs which may cause addiction is kept under strict
control of the Government by an act known as the Dangerous Drug Act.
After enforcement of Hadood Ordinance, certain definitions are important1. HADD:
Any punishment given according to Holy Quran and Sunnah.
2. TAZIR:
Any punishment given outside Holy Quran e.g. punishments according to the Pakistan penal
code.
3. ZINA:
A man and a woman are said to have committed zina, if they will fully have sexual intercourse
without being lawfully married to each other.

ZINA BIL JABR:

A person is said to have committed zina bil jabr if he or she has sexual intercourse with a woman or
a man, as the case may be, to whom he or she is not validly married in any of the following
circumstances, namely:
against will of the victim
without consent of the victim
with the consent of the victim, when consent has been obtained by putting the victim in fear of
death or hurt
With the consent of the victim, when the offender knows that the offender is not validly

married to the victim and the consent is given because the victim believes that the offender is
another person to whom the victim is or believes herself or himself to be validly married.

MUHSAN
A Muslim male who is not insane and has had sexual intercourse with an
adult Muslim woman, who at the time he had sexual intercourse with her,
was married to him and not insane.
A Muslim adult woman who is not insane and has had sexual intercourse
with a Muslim adult male, who at the time she had sexual intercourse with
him, was married to her and was not insane.

PUNISHMENT FOR ZINA

If he or she is a muhsan, be stoned to death at a public place.
If he or she is not a muhsan, be punished at a public place with
whipping, numbering one hundred. In days of slavery slaves got
half the number of lashes i.e. 50 whips.

LAW
It can be defined as a rule established by authority, society or
custom based on reason as quoted law is nothing but reason and
what is not reason is not law.

Common Law
Statute Law

COMMON LAW:
It is any unwritten and generally applied system of law based on
conduct, decisions, usage and customs. The usefulness of
common law is its universal applicability.
EXAMPLES:
DECISIONS BY TRIBAL HEADS
LAW IN U.K
DOWRY
MARRIAGES IN SAME TRIBE.
POLYGAMY
SAWARA AND WANI .In the rural (sometimes in the urban) societies of Pakistani
areas, centuries old customs like Sawara and Wanni are the forced marriage of
girls to resolve conflicts generated through murders. The elders of the girls are
of the opinion that sawara and wanni prevent further bloodshed and are best for
conflict resolution. This tribal tradition makes the life of thousands of girls a
living hell every year.
KARO-KARI. Karo-Kari is a type of premeditated honour killing, which
originated in rural and tribal areas of Sindh, Pakistan. The homicidal acts are

primarily committed against women who are thought to have brought dishonour
to their family by engaging in illicit pre-marital or extra-marital relations. In order
to restore this honour, a male family member must kill the female in question.

STATUTE LAW:
It is body of law whether criminal or civil. It is enforced by
legislative body of a representative govt or by the ruler. If
passed by assembly it is known as ACT and if by a ruler
then ORDINANCE.
It is of 2 types

1- Civil law:
it is that law which deals with the rights of citizens such as
matrimonial, medical negligence, landlord tenant disputes.
2- Criminal law:
include crime and its punishments.

COURTS OF LAW
Courts of Law are places where people bring their grievances against others to seek
remedies.
When an individual is accused of a breach of criminal law or contract, the complaint is
brought before a court of law for trial and decision upon the issue. A judge presides
over the hearing and records all the evidence in writing presented to him by both the
parties. He finally concludes the proceedings
giving his decision in writing. His conclusion is called THE JUDGEMENT.

DIFFERENT TYPES OF COURTS IN PAKISTAN

There are generally two types of courts namely
Civil
Criminal

Now there is a Shariat court having special jurisdiction.

At present both civil and criminal courts have THREE LEVELS.
COURT OF FIRST INSTANCE
COURT OF SECOND INSTANCE
COURT OF THIRD INSTANCE
COURT OF FIRST INSTANCE has a small jurisdiction consisting of an illaqa and
hears cases, which are of ordinary nature. Such court is presided over by a
magistrate for criminal cases and a civil judge for civil cases.
COURT OF SECOND INSTANCE is the court above the court of first instance and
has a wider jurisdiction spread over the whole district. It is presided over by the
District and Sessions judge for cases both of civil and criminal nature, which are
far more serious and important as compared to the cases of first instance.
Additionally it hears appeals against the decisions of the court below it.
COURT OF THIRD INSTANCE is the High Court, the highest in the province and is
presided over by the judge of the High Court. This court has both criminal and civil
jurisdictions and hears mainly the appeals against the decisions of court lower to
it.

1. SUPREME COURT

It is the highest court of appeal. It is located in Islamabad. It deals with

referred cases or appeals against high court. Its function is
supervisory and the law declared by it is binding on all courts in
Pakistan. It can pass any sentence.

HIGH COURT

It is located in the capital of every province. It can pass any sentence authorized
bylaw. When a section 30 magistrate passes a sentence of imprisonment of more
than 4 years, its appeal lie with the high court.
High court has both criminal and civil jurisdictions and hears mainly the appeals
against the decisions of the court lower to it.

SESSIONS COURT
This is a court of original jurisdiction as well as court of appeal. As a
court of original jurisdiction it tries all those offences which are
punishable with death.
Usually, it is asked in viva that can a Session judge give a punishment

of death. The Session judge can give punishment of death, but it has to
be confirmed from high court before its execution.

SECTION 30 MAGISTRATE COURT

A section 30 magistrate court is in fact a 1st class magistrate who has been provided with
some additional powers by the law.
-He can fine to which to which there is no limit i.e. unlimited fine.
-Imprisonment maximum up to 7 years.
-Solitary confinement.
-Whipping.
N.B. before mentioning about courts of other magistrates it is important to note that since
12th October1982 a change has been made in section 32 of CPC (Criminal Procedure
Code) which deals with the powers of magistrates, so the powers mentioned now are the
latest powers.

1ST CLASS MAGISTRATE COURTS

Powers of a first class magistrate are.

Imprisonment not exceeding 3 years
Fine not exceeding Rs 15000/=
Solitary confinement
Whipping

2ND CLASS MAGISTRATE COURTS

Powers of a second class magistrate are.
Imprisonment not exceeding 1 year
Fine not exceeding Rs 5000/= (five thousand only)

3RD CLASS MAGISTRATE

Powers of a class three magistrate are.
Imprisonment not exceeding one month.
Fine not exceeding Rs 1000/= (one thousand only)

LABOUR COURTS
These are the courts where cases of labors working in factories are
tried such as compensation cases due to any disability as a result
of any factory hazard.

JUVENILE COURTS
Usually ladies preside over juvenile courts and try juvenile
offenders. Juveniles are children below 15 years of age. They are
tried under Children Act. He is kept at reformatory jail up to 18
years.
No hanging is done to one up to 18 years. And to any one above it
if he was under 18 years at the time of commission of the offence.

SHARIAT COURTS
Here punishments are given in accordance with Islamic laws.
FEDERAL SHARIAT COURT

PUNCHAIT COURTS
Still present in tribal areas where punishment are given according
to the traditions of that particular tribe.

MARTIAL LAW COURTS

It can give any punishment during martial

law.
Types
Summary martial law courts.
Special military courts.
PUNISHMENTS AUTHORISED BY LAW.
They are: Death
Imprisonment for life
imprisonment (rigorous or simple)
Forfeiture of property.
fine
Treatment training and rehabilitation of youthful offenders.

SUMMONS OR SUBPOENA
A summons is a written order issued by court of law calling upon a
person to whom it is directed to appear before the court for a
certain reason such as:1. To give evidence
2. To produce some document
3. To appear in a case in which he is accused of committing a
crime.
Sometimes asked in viva that if a medico-legal officer receives two or
three summons for the same day from different courts, where will he
go first? First he will go to a higher court, informing other courts and if
the courts are of the same status, he will prefer to go first in court
having criminal case or to that court from which he received summon
first.
A summon is valid only if it is signed and contains the seal of the
issuing court. It is always issued in duplicate, because person
receiving the summons signs the duplicate copy and thus court
presumes that person has received the summons. If person fails to
appear in court after receiving valid summon specially from a higher

court, such as high court or session court, non bail able warrants can
be issued against him.

INQUEST
In cases of unnatural, sudden or suspicious deaths the investigation in to the
cause of death is necessary. Such investigation is known as inquest or in
other words inquest can be defined as legal inquiry in to the cause of death
which is un natural, sudden or suspicious. Types of inquest in Pakistan are:1. Police inquest
2. Judicial inquest
N.B. 3 Us that is legal inquiry in cases of UNNATURAL, UNEXPLAINED and
UNEXPECTED deaths.

POLICE INQUEST

This is conducted by a police officer not below the rank of assistant sub-inspector
of police. The police officers are authorized under section 174 of CPC to hold
inquest in cases of sudden unnatural and accidental deaths or those occurring
under suspicious circumstances. The police officer is authorized to summons
witnesses under section 175 of CPC and every person so summonsed is bound to
answer truly all questions other than the question, the answer of which would
have tendency to expose him to a criminal charge. It must be remembered that the
object of inquest is merely to ascertain the cause of death and should not be
extended for the purpose of finding out the person who caused the death.
In case of cognizable offences like firearm injury, rape, sodomy the individual is sent by
the police officer direct to the nearest medico-legal officer for examination along with his
statement and requisition.
In case of non-cognizable offences such as simple hurt, the injured person may go to the
medic- legal officer direct, or through a police officer or through the magistrates court
after filing an affidavit (a statement written under oath). For medical examination and
report.

JUDICIAL INQUEST
This means an inquest conducted by the magistrate in certain cases of unnatural deaths
where it is suspected that the police are in some way or the other responsible for the
death of the individual.
Examples:Death of a convict in jail or mental hospital
Death of person in police custody
Death of person during police inquiry
Death as a result of police firing
Exhumation cases.
In other counties there are other types of inquest known as coroners inquest. ( UK).
Medical examiners inquest (U.S.A).

HABEUS CORPUS
It is writ issued by high court to a person holding another person in
custody directing him to produce the prisoner in court and to show
the cause for detention.

OFFENCE
Any act or omission made punishable by law for time being in force.

COGNISABLE OFFENCE
Means any offence for which police officer may arrest the offender
without warrant.

NON COGNISABLE OFFENCE

Means any offence for which police officer may not arrest the
offender without a warrant.

WARRANT
Means written authority under hand and seal. It is used for arrest

of a person or persons or for the forcible production of offender in

the court of law.

OATH
Witnesses are examined upon oath or affirmation under provisions
of oath act. The usual form of oath is the evidence which I shall
give will be the truth, the whole truth and nothing but the truth, so
help me God.

PERJURY
Means willful utterance of falsehood under oath.

CONDUCT MONEY
Amount paid to witness for traveling etc by party calling him in civil cases. In criminal
cases the court pays the conduct money, but a doctor has to comply even without conduct
money but in such cases he should not forget to collect court attendance certificate.

THANKS