LEGAL EDUCATION PROGRAM

Pakistan International Peace & Human Rights Organization has initiated the Legal Education Program to provide the basic legal education to the masses in their native languages. Under this program many laws will be translated in Urdu & Sindhi. You can download many documents in Urdu as well as Sindhi

PIPHRO REQUIREMENTS FOR PROVIDING FREE LEGAL AID

• A request letter signed by the victim party to avail the services of free legal aid provided by PIPHRO.

• Copy of FIR and Medico Legal Report (MLR).

• If the FIR is not registered and medical of the victim is not done, Sahil facilitates the victim party in this regard.

• The case will be followed by the lawyer in court after Sahil receives Vakalatnama signed by the victim party.

• Sahil will refer the cases to Senate Human Rights Committee in case of delay in registration of FIR or if the accused threatens the victim party.

LEGAL PROCEDURE TO DEAL WITH A LEGAL CASE

• Registration of FIR immediately.

• Medical Examination of the victim within 24 hours of the incident and to get the Medico Legal Report (MLR).

• Medical Examination of the victim must be done in a government hospital and by the Medico Legal Officer.

• Accused will be arrested immediately by the police after the registration of FIR.

• Investigation of the incident by the investigation officer and submission of challan in court.

• During the investigation process the accused will be in police custody.

• Challan contains all the details of the investigation done by investigation officer along with the statements of the prosecution witnesses.

• Accused can move a bail petition at any time and if he is granted bail, an application for cancellation of bail can be moved by the complainant.

• If the accused is not arrested within 60 days of registration of FIR he will be declared as Proclaimed Offender.

• After submission of challan, by the police and if the accused is in the police custody the following procedure will be adopted by the court:

1. The accused is brought before the court; a formal charge is framed relating to the offence of which he is accused.

2. After framing of charge he is asked that whether he admits the guilty of this offence with which he is charged.

3. If the accused admits that he committed the offence his admission will be recorded and he will be convicted on his confession and confined to the jail.

4. If the accused doesn’t plead guilty a trial will be started.

5. The court will record the statement of the complainant and take all such evidence as may be produced in support of the prosecution.

6. Court can also examine the accused by putting questions after the prosecution evidence.

7. Then the court will hear the accused and also take all such evidence as he produces in his defense.

8. The court on the application of complainant, if it thinks fit and proper can issue summons to any witness directing him to attend or to produce any document relevant to the incident.

9. Witnesses will be cross examined by the prosecution and defense lawyers on their statements.

10. After recording the evidence of both sides, the court calls upon the counsels to sum up the case.

11. If the court finds the accused guilty of the offence it will pass an order of conviction according to law and if it does not find the accused guilty it will pass an order of acquittal.

12. If the accused is acquitted by the court under section 249-A Cr.P.C at any stage of trial the Provincial Government may direct the public prosecutor to present an appeal to the High Court against the acquittal order passed by any court other than the High Court under section 417 Cr.P.C

13. If the summons has been issued on the complainant to appear on a fixed date or any day to which the hearing is adjourned and if the complainant doesn’t appear, the court will acquit the accused. It is not applicable where the offence is cognizable or non- compoundable.

14. Victim will appear before the court at two stages, first to give his statement and then for cross examination by the defense lawyer.

15. In case of any false or frivolous information given by the complainant intentionally court can take action against him under section 182 P.P.C.

16. Time required by the court to decide CSA case can take up to one or more years depending upon the load of the work of that court.

LAWS FOR REGISTRATION OF FIR IN CHILD SEXUAL ABUSE CASES

If an incident occurs the FIR should get registered under any of the following relevant laws depending upon the nature of the incident:

• Sec 377 P.P.C

The FIR will be registered under this section when the accused voluntarily has a carnal intercourse against the order of the nature with any man, woman or animal.

• Sec 511 P.P.C

The FIR will be registered under this section when an attempt is made to commit an unnatural offence

• Sec 376 P.P.C

The FIR will be registered under this section when any person commits rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:

1. Against her will.

2. Without her consent

3. With her consent, when the consent has been obtained by putting her in fear of death or of hurt,

4. With her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or

5. With or without her consent when she is under sixteen years of age.

• Sec 364-A P.P.C

The FIR will be registered under this section when the accused kidnaps any person under the age of 14 in order that:

1. Such person may be subjected to the lust of any person OR

2. Put in danger of being subjected to the lust of any person

• Sec 367 A P.P.C

The FIR will be registered under this section when any person kidnaps, or abducts any person in order that such person may be subjected, to the unnatural lust of any person.

• Sec 371 A P.P.C

The FIR will be registered under this section if a victim is hired or sold, for the purpose of

1. Prostitution OR

2. Illicit intercourse with any person OR

3. For any unlawful or immoral purpose

• Sec 371 B P.P.C

The FIR will be registered under this section if a victim is hired or bought, for the purpose of

1. Prostitution OR

2. Illicit intercourse with any person OR

3. For any unlawful or immoral purpose

• Sec 302 P.P.C

When the victim is murdered by the accused after being raped the FIR will be registered under this section along with Sec 375 P.P.C. The FIR will be registered under this section along with Section 377 when the victim is sodomized and murdered by the accused.