HISTORY OF PPC
PPC is a penal code for all offenses charged in Pakistan.
It was originally prepared by Lord Macaulay with a great consultation in1860 on the behalf of the Government of India as the India Penal Code.
The draft of the (British) Indian Code was prepared by the first law Commission and it was chaired by ' Lord Macaulay.
Its basis is the law of England freed under this code and not otherwise for every act or omission contrary to the provisions thereof, of which such person shall be guilty within Pakistan.
After its Independence in 1947, Pakistan inherited the same Code, and subsequently after several amendments by different Governments in Pakistan.
It is now a mixture of Islamic and English law.
Presently, the Pakistan Penal Code is still in effect and can be amended by the parliament of Pakistan.
ABBREVIATION OF PAKISTAN PENAL CODE
PPC is an abbreviation for abbreviation Pakistan Penal Code
DEFINITION OF PAKISTAN PENAL CODE
A code of laws concerning crimes and offenses and their punishment.
MEANING OF PAKISTAN PENAL CODE
A code of law concerning crimes and offenses and their punishments is a comprehensive Code intended to cover all substantive aspects of criminal law.
PURPOSE:
Governing crimes and punishment
The Code has since been amended several times and is now supplemented by other criminal provisions.
AIM OF THE PPC (AMENDMENT) BILL 2019:
The PPC (amendment) bill 2019 is aimed to wage war against terrorism and transnational organized crimes.
Many of these crimes have their origin, basis, or linkages in other countries
SUBSTANTIVE LAW:
Law that governs the original rights and obligations of individuals.
Substantive law may drive by common law, statutes, or a constitution, for example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right.
substantive law deals with the " substance" of the legal matter whether it is a criminal charge or a civil case.
Every charge or claim is built on certain elements that must be proven to be successful in obtaining a civil remedy, or in convicting a defendant of a criminal charge.
In the case of a civil lawsuit, the plaintiff must prove enough elements of the dispute to convince the judge or jury that it is more likely than not that the defendant is liable.
In the case of criminal charges, the prosecution must prove each and every element of the crime, beyond a reasonable doubt.
What elements must be proven, according to substantive law, varies depending on the crime, or on the primary issue in question in a civil lawsuit:
For example:
Substantive law might require the prosecution to prove certain elements in a felony case though these vary by jurisdiction they are likely to include:
1. The defendant operated a motor vehicle on a public roadway
2. While intoxicated, or under the influence of alcohol or other substance
PROCEDURAL LAW:
DEFINITION:
"A body of law that set forth the methods, rules, and procedures for court cases"
Origin of procedural law
It drives from Roman law
MEANING
Procedural law is the body of law that deals with the technical aspects, such as duties and procedures for obtaining redress for wrong.
Procedural law is the rule of conducting a legal action.
This is in contrast to substantive law, which refers to the actual laws by which a crime may be charged or which govern how the facts of the case will be accepted and presented.
EXPLANATION:
Procedural law specifies the process that each case must go through to its conclusion, which does not necessarily mean the case goes to trial.
Everything, from the investigation into a matte, through filing a civil lawsuit or criminal charges, through evidence gathering and sharing, and through the settlement process or trial must follow a specific procedure outlined by law., must
For example
Procedural law in a criminal matter follows these basic rules
1. There must be a probable case to make an arrest.
2. A prosecutor must file charges, specifying what the individual is accused of going
3. The defendant must be arranged on those charges.
4. The defendant must advise the court whether he has an attorney or is requesting a court-appointed attorney.
5. Bail must be set.
6. Notice of the court appearance date and time must be sent to the defendant.
7. Right to appeal.
SOURCE OF PROCEDURAL LAW:
Procedural law is set by each individual jurisdiction.
Each state has its own procedures, as does the federal court system.
In fact, individual countries or other small jurisdictions may have specific procedures that must be adhered to these include the manner in which cases must be filed how notification must be given to the parties, and how the records and handled.
DIFFERENCE BETWEEN PROCEDURAL LAW AND SUBSTANTIVE LAW
Procedural and substantive law work together to ensure that legal matters and handle properly and fairly administered justice.
For all that there is a difference between procedural law and substantive law