The Court Of Public Opinion

In this article, we shall study what types of intentional hurts as defined in Pakistan Penal Code 1860 and punishment provided for these hurts? What is punishment provided for these offences? How much amount of arsh has been provided for these hurts, and other compensation provided in form of Daman to victim? What types of hurts are liable to qisas and who can waive the right of qasis against the offenders? What are punishment are available for inflicting hurts without intention and by rash act or omissions.

Hurt
Under subsection 1 of section 332 has defined the hurt, ..whoever causes pain, harm, diseases, infirmity or injury to any person or impair disable or dismember any part of the body thereof of any person without causing his death, is said to have committed. The clause (a) to (e) subsection 2 of section 332 has kinds of hurts and these are Itlaf-i-udw, Itlaf-i-Salahiyyat-i-udw, Shajjah, Jurh and other kinds of hurts. The detail of the provisions are enunciated in section 333 to 337 has defined these hurts.

Itlaf-i-udw
The section 333 have defined the itlaf-i-udw, ..whoever dismember, ampulate, sever any limb or organ of the body of another person is said to cause Itlaf-i-udw and imprisonment for such hurt is liable to qasis and tazir for period of ten years as imprisonment. The detail of the punishment has defined in section 334 of PPC, 1860 which provides that the execution of the qasis shall not be enforced after consultation of authorized medical officers. The offender shall also be liable to pay the amount of arsh as compensation to the injury caused to the offender.

Salahiyyat-i-udw
The section 335 has defined the Salahiyyat-i-udw, … whoever destroy the or permanently impair the functions, power or capacity of an organ of the body of another person or causes permanently disfigurement is said to cause Salahiyyat-i-udw. The punishment for such injuries is liable to qasis and punishment in tazir up to ten years. The detail conditions for execution as qasis are provided in section 336 of PPC, 1860. The qasis shall be executed after consultation of medical officer according to the principal and injunction provided in Islam and offender can be liable to arsh as compensation for injury inflicted on the victim.

Shajjah
Under subsection 1 of section 337 says that whoever causes any hurt on face or head which does not amount to Itlaf-i-udw or Salahiyyat-i-udw said to have committed the Shajjah. The subsection 2 of same section has classified the types of the shajjah, and section 3 has defined these types of shajjah and punishment is provided in section 337A of Pakistan Penal code 1860.

(i)Shajjah-i-Khafifah
The clause (i) subsection 3 of section 337 PPC defines the shajjah-i-khafifah, whoever cause hurt to any person without exposing bone of the victim and the punishment for shall be liable to daman and also liable to imprisonment as tazir under clause (i) of section 337A of PPC 1860.

(ii)Shajjah-i-Munihah
The clause (ii) subsection 3 of section 337 PPC provide the detail of shajjah-i-munihah of hurt which expose the bone of the victim is said to have caused the shajjah-i-munihah. The punishment for the shajjah-i-hashimah is liable to qasis and if the offender is not liable to qasis, then the offender shall be liable pay arsh which shall be five percent of diyat under clause (ii) of section 337A of PPC 1860 for commission of such hurts.

(iii)Shajjah-i-hashimah
The clause (iii) subsection 3 of section 337 PPC provide the definition of shajjah-i-hashimah, whoever cause hurt which fractures of the bone said to have committed Shajjah-i-hashimah, the punishment for causing the hurt shall be liable to arsh and ten percent of diyat and imprisonment as tazir. The clause (iii) of section 337A of PPC 1860 provides the detail of the punishment provided for commission of such offences.

(iv)Shajjah-i-munaqillah
The clause (iv) subsection 3 of section 337 PPC has enunciated definition of shajjah-i-munaqillah of injuries of the bone which hurt fracture the bone and its dislocation. The clause (iv) of section 337A of PPC 1860 provides the detail of the punishment provided for commission of such offences. The punishment for shajjah-i-munaqillah shall be fifteen of diyat and ten years as tazir, the punishment of this type of hurt is one-third of value of diyat and fourteen years as tazir.

(v)Shajjah-i-ammah
The clause (v) subsection 3 of section 337 PPC has defined of shajjah-i-ammah of injuries which the dislocation bone and injury touch the membrance of the bone is said to have committed the shajjah-munaqillah. The punishment for the shajjah-i-ammah is arsh, one-third of value of diyat and tazir for fourteen years of imprisonment, as provided in clause (v) of section 337A of PPC 1860.

(vi)Shajjah-i-damighah
The clause (vi) subsection 3 of section 337 PPC has defined of shajjah-i-ammah whihc rupture of the membrane of the skull. The clause (vi) of section 337A of PPC 1860 has provide the punishment the shajjah-i-damighah is one-half of diyat and fourteen years as imprisonment in tazir,

Jurh
The subsection 1 of section 337B has defined the Jurh, whoever cause any hurt other than head or face, hurt which leave any mark whether temporary or permanent said to have committed the jurh. The subsection have classified the jurh in two classes, jaifah and Ghayr-jaifah. The jaifah has been defined in the 337C whoever causes Jurh in which the injury extends to the body cavity of the trunk is said to have committed Jaifah. The section 337D have defined the Ghayr-jaifah which causes jury which are not amount to Jaifah is cause Ghayr-jaifah. There is various type of Ghayr-jaifah has been defined in subsection 2 and 3 of section 337E and its punishment is provided in section 337F of Pakistan Penal code 1860.

(i)Ghayr-jaifah damiyah
The clause (i) of section (3) of section 337E has defined the ghayr-jaifah damiyah is type of hurt hurt which rupture the skin and bleeding occurs. The liability for the type of injury cause with intention and knowledge is Daman and punishment as tazir up to one year as provided in clause (i) section 337F of PPC 1860.

(ii)Ghayr-jaifah badiah
The clause (ii) of subsection (3) of section 337E has provide the definition of hurt which cut the flash but dont expose the bone said to have committed the ghayr-jaifah badiah and clause (ii) section 337F of PPC 1860 has placed the liability on the offender of badiah to payment of daman and three year imprisonment as tazir is liable as daman and punishment for this type is provided as tazir five years.

(iii)Ghayr-jaifah Mutalahimah
The clause (iii) of subsection (3) of section 337E has enunciated the definition of the hurts which lacerlate the flash said to have committed the Ghayr-jaifah Mutalahimah, is also liable to daman and three year imprisonment. The is also liable to daman and power have given to court to award the punishment according to the gravity of injury up to three years under clause (iii) section 337F of PPC 1860.

(iv)Ghayr-jaifah mudihah
The clause (iv) of subsection (3) of section 337E has provided that Any injury which cause the exposes the bone said to have committed the Ghayr-jaifah mudihah is liable to daman and liable to five years tazir. The said act is punishable under clause (iv) section 337F of PPC 1860.

(v)Ghayr-jaifah hashimah
The clause (v) of subsection (3) of section 337E has defined the injury which fractures the bone and without dislocates it said to have committed the Ghayr-jaifah hashimah. The clause (v) section 337F of PPC 1860 has placed the liability on offender for commission of such offences liable to pay damand and imprisonment for five years.

(vi)Ghayr-jaifah munaqqillah
The clause (vi) of subsection (3) of section 337E, any injury which cause bone fracture and dislocate it said to have committed the Ghayr-jaifah munaqqillah, and liable for daman and seven year imprisonment as tazir under penal provisions of the clause (vi) section 337F of PPC 1860.

Punishment for hurts for intentional hurts
The punishment for hurt which are caused with intention are liable to punishment as qasis, diyat, daman and tazir. The brief description is given below.

Qasis
Each hurt is liable to Qasis if it is committed with intention and knowledge that it will go to cause hurt to person. The offender shall be punished with each disability caused to victim in same manner. The punishment for hurts has defined in sections 334, 336,337A, 337D, 337F.

Arsh
The arsh means monetary compensation awarded to the victim by offender by order of court, the detail of the amount of compensation have provided in section 337Q to 337X. The section 337Q to 337S prescribed the value of the arsh for causing itlaf if an organ which is found singly in a human body shall be equivalent to full value of the diyat. The arsh for organ of human body which are in pair shall be one half of the value of diyat and arsh for organ which are quadruplicate shall be equivalent to one fourth of the diyat. The value of the arsh for fingers shall be one tenth of diyat and teeth one-twentieth of diyat for one tooth, and value of the arsh have been defined in section 337V. The section 337W have prescribed that value of hurt shall be liable for each hurt. The section 337X has defined the method of payment either made in installment and failure to pay that amount could be punished in tazir by the order of the court.

Daman
The section 337Y have given the discretionary power to court to award compensation to victim and value of compensation is determined by the court keeping in view the expenses incurred by the victim in treatment and anguish and disability caused to the victim.

Hurts not caused with intention or knowledge Under subsection 1 and 2 of section 337H whoever causes hurt by rash or negligent shall be punished for arsh and Daman also liable to imprisonment as Tazir for either description of term which may be extended over to three years. The section 337I have provided the condition for causing injury mistake shall be punished Arsh or daman specified kind of hurt.

Hurt not liable to Qasis
The hurt shall not be liable to Qasis following cases, when the offender is minor or insane or the offender, secondly when the offender himself have suffered the injured caused by the victim, when the offender have caused Itlaf-i-udw of physically imperfect organ of the body, and finally when the organ liable to Qasis is missing in offender.

Case in which Qasis shall not be enforced The Qasis for hurt shall not be enforced in following cases, first condition in which the case shall not be enforced when offender dies before the execution of the Qasis, when the organ of the offender liable to Qasis has been lost, thirdly when the offender waive his Qasis or compound the offence with Badal-i-Sulh, when the right of Qasis have devolve in the person who has no right of Qasis against the offender.

Wali in hurt case
The section 337O has defined the type of legal heir against the qasis of hurt, first the victim, second the legal heir when the victim dies before the execution of qasis not as consequence of that hurt and finally the government.

Execution of Qasis for hurt
Under section 337P of PPC 1860 qasis shall be executed in public by authorized medical officer who has the duty to examine the offender to make sure that the execution of the qasis shall not cause the death of the offender, the presence of the wali is important condition for execution of the qasis, and the if the offender is woman then the qasis shall not enforced after expiry of two years from time of birth of child.

Summary
In this paper we have studied detail provisions in Pakistan penal code 1860 regarding the injuries caused to the victim by offender. The each type of injury caused to victim by offender is liable to qasis, arsh, daman and tazir according to the terms and conditions and principal provided in Islam injunction. There are certain injuries which are liable to Qasis and Arsh and other are such are liable to Daman and Tazir keeping in view the gravity and seriousness of the injury caused. The execution of the qasis shall not be enforcing without consultation of authorized medical officer in presence of victim in consistency with the injunction of Islam.

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In this research article, we shall study the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and what are principals of administration of these criminal courts? We shall also study types of administrative agencies and how these investigating agencies provide assistance the courts in administration of criminal justice.

Principal of Administration
The section 5 criminal procedure Code (1898) has enunciated the administration and trial of offence falling penal provisions of PPC shall be investigated and enquired and other dealt according to the provisions of the criminal procedure Code but subject to any other enactment time being in force which prescribed special form of procedure for regulation, manner or place of trial investigation and trial of offences.

1. Territorial Jurisdiction
All criminal court and investigating agency established under Cr.P.C or special laws have their territorial jurisdiction for administration of criminal justice. Under subsection 1 of section 7 of Cr.P.C. each province shall consist of sessions divisions; every session division shall for the purpose of this code, the section 7 Cr.P.C relates to territorial division. It provides that each province shall consist of session division, and every session division shall be for purpose of code is a district or consist of districts. It is the provincial which is empowered to alter the limits or number of each divisions and district. According to provisions, it is the provincial government to divide any districts or make any portion of any such district a subdivision and may alter the limitation of any such-division.

If in the opinion of a court taking cognizance of the offence, and the case appears to be one in which, according to the fourth column, a warrant to be issued in first instance, a causing to be brought or to bear at certain has no jurisdiction some other having the jurisdiction. It provide that each province shall be consist of session divisions and every session division shall for purpose of the code a district or consist of districts. It is the province government which is empowered to alter the limitation or number of such divisions and districts. According to section 8 it is for the provincial to divide any district into sub-divisions or make any portion of any such district a sub division, and may alter the limit of any sub division.

2. Subject Matter Jurisdiction
The jurisdiction of subject matter is often vested on that subject where special investigating agency or special court is constituted for administration of these offences. The criminal court and investigating agency exercise their jurisdiction on particular subject matter that jurisdiction is derived from special law enforceable in Pakistan.

Criminal Courts for Administration
There are two types of courts in Pakistan, first established under Cr.P.C and others are established by special enactment.

1. The court established under Code of Criminal Procedure
Chapter II of the code of criminal procedure 1898 deals with constitution and power of trial courts and offences committed in penal code and other laws. The section 6 has defined the criminal court for purpose of prosecution of the offences. The section has provided the three classes of the courts for the purpose of prosecution of the offences. These court act and prosecute the offence under their defied jurisdiction. The class of courts includes the court of magistrate, session and High Court for the purpose of administration of criminal justice. The power has been given the established to try offence under penal court and other offences which ahs not been defined in penal provision but in other provision of laws.

2. The court established under provision of special laws
There are types of court for the purpose prosecution not falling Pakistan penal Code 1860, and these courts are established the federal or provincial legislation establish these court for the purpose of the prosecution of special offence penalized under special laws time being in force. There type of court act under special procedure described in special laws. The purpose of the administration and providing procedure for these prosecutions of these offences are that these offences are promulgated for special and often the code of Criminal procedure is inadequate to meet the requirement for these courts.

Types of Criminal Courts established under Cr.P.C
Under section of criminal procedure code, besides the high court and court session under any law other than this code for time being in force, there shall be two classes of the courts in Pakistan.

1. District Magistrate
Under section 10 of Cr.P.C of 1898, the provincial government shall appoint district magistrate and provincial government shall also appoint additional district magistrate to exercise jurisdiction in one or more districts, and such additional district magistrate shall have or any of the powers of district magistrate under this code or under any other law for time being in force, as the provincial government shall direct. The subsection 1 of section 12 of Cr.P.C of 1898 may appoint as many persons as it think fir to be may time to time define the local areas within which persons may exercise all or any of the powers within which they may respectively be invested under the code.

Under sub section 1 of section 14 of Cr.P.C. of 1898, The provincial government may on the recommendation of the high court, confer upon any person all or any of the powers conferred or conferrable by or under this code on a judicial magistrate in respect to particular cases or to a particular classes of cases or in regard to case generally in local areas. As defined in such magistrate shall be called special judicial magistrate and shall be appointed for such terms as the provincial government may, in consultation with high court, general or special order, direct.

2. Court of Session
Under section 9 of Cr.P.C of 1898, the provincial government shall establish a court of session for every session division and appoint a judge of such court and also one of more session division to exercise jurisdiction in one of more courts.

The provincial government is empowered to establish a court of session for every session division and also appoint judge of such court. The Subsection 3 of section 9 empowers the provincial government to make appointment of additional session judge and to exercise jurisdiction in one or make such courts.

The session judgment is deem to superior to additional session but as regard with power of both are same. Only limit to the power of the assistant session judge is that assistant session judge can pass the death sentence or imprisonment for more that seven years as cited in 1998 P.Cr.L.J. 572.

3. High Court
The high has been established under Articles of Constitution of Pakistan and also have been given power of trial and appeal under Cr.P.C 1898. In addition to these power confirmed under Cr.P.C, the High Court has been confirmed special powers under articles of Constitution of Pakistan 1973 for administration of Criminal justice.

Power of the criminal Courts for administrate
The jurisdiction of every statue to try offence is derived from the penal statute; either that statute establishes court or penal provisions.

1. Offence falling under penal code
Under section 28 of Cr.P.C of 1898, all offence provided in penal statutes shall be tried by magistrate, session and high courts and other court which has mentioned in eighth column of the second schedule to be triable. Magistrate is not barred from sending the case to session for trial even if he has commenced trial by recording evidence. Legislature has contemplated that magistrate should not only send cases for trial which are exclusively triable by court of session or high Court but also cases which in opinion of magistrate should or ought to be tried by such court.

It is essential that that offence should be shown to be triable by court concerned. Offence not shown in schedule to be triable by magistrate, triable by magistrate is without jurisdiction, 1972 P.Cr.L.J 233. If the offence is triable by magistrate, the session judge can transfer the case from court of magistrate to itself merely because of want of jurisdiction as decided in PLD 1966 SC 589.

2. Offences falling in other laws
Under subjection 1 of section 29 of Cr.P.C of 1898, subject to any other law for time being in enforce, when any court which is mentioned above in this behalf in such law be tried by such court. Under subjection 2 of section 29 of Cr.P.C of 1898, when no offence shall not to be tried by any court, it shall to be tried by High Court.

A magistrate appointed under the code does not cease to be such a magistrate merely because he has been given certain special or additional power under special statute. Therefore, an appeal under section 408 of the code is available to a person convicted or trial by first class magistrate appointed under the code of code of criminal procedure unless the special statute which has created the offence has made express provision barring the appeal as cited in PLD 1970 Decca 260.

Administrative power of Punishment Here is brief description of powers have vested on various for passing sentence orders.

1. Sentence which are to be passed session and High Court
Under subsection 1 of section 31 of Cr.P.C 1898, a high court may pass any sentence authorized by law. Under subsection 2, session Judge or additional session judge may pass any sentence authorized by law; but any sentence of death passed by any such judge shall be subject to confirmation by high Court. Under subsection 3 of section 31 of Cr.P.C. of 1898, Assistance session is not authorized to pass the death sentence or imprisonment for term exceeding seven years.

2. Sentence which magistrate may pass
Under subsection 1 of section 32, the court of magistrate may pass the following sentences namely, the Court of Magistrate of first can pass the imprisonment of description of term not exceeding three such solitary confinements as they are authorized by law and fine not exceeding fifteen thousands rupees and Arsh whipping, the Court magistrate of second may pass order of imprisonment for a term not exceeding one year including such solitary confinement as is authorized by law; and Fine not exceeding five thousand. The court of Magistrate of third class for may pass order of imprisonment for term not exceeding one month and fine not exceeding thousand rupees. The code of criminal procedure having first enumerating the courts by which different offence could be tried has proceeded to define the limits of sentence which the various courts can pass. The limits provided in these sections show the maximum sentence which a court can pass, they have nothing to do with maximum penalty provided for a offence.

Administrative Agencies

1. The establishment of administrative agencies under Code of Criminal Procedure 1898

There are two types of Agencies are working in Pakistan for administration and of criminal justice, first is local police which has its enactment which led to established for prosecution. The Prosecution of this offence has established whose function and administrative procedure has been defined in Code of Criminal Procedure 1898.

2. The establishment of investigating agencies under other laws
The other types of investigating and administrative agencies are established under special law for prosecution of offences falling provisions of special laws for times being in force. These agencies having their procedure being defined in special enactment, like the Federal Investigating agency has its own investigating and administrative agency for the purpose of prosecution of the offence. FIA have own administrative power and jurisdiction over the defined subjects.

The administrative power of investigating agency established under Cr.P.C 1898
The police have been established under the Cr.P.C provisions for the purposes investigation of the crimes, and various administrative functions are performed by police for end of criminal administration.

1. Prevention
The section 150 of Cr.P.C 1898 has made it compulsory on part of police to prevent the commission or omission of offence with best of his abilities. The prevention of the offences shall to be prevented when the communication of the offence has made to the police, they are immediately obliged to communicate it has police officer for the purpose of adopting prevention measures for it. The police shall adopt methods of the prevention the crime by arresting that person where no other method is available for the same purpose.

2. Investigation
The section 156 of Cr.P.C. is related with investigating procedure of police when any information is made relating to the commission of the cognizable or non-cognizable offence is orally or in writing the officer in charge of a police shall put down into the record book for future narrating gist of the information which has made to him. The police officer in whose jurisdiction the commission of cognizable offence has taken place will inquire and investigate the offence, but however the subsection 1 and 2 section 155 of Cr.P.C. has made proviso that In the case of non-cognizable offence, he has to communicate to Magistrate for seeking permission for further investigations. The section 157 of Cr.P.C relates with the procedure where commission of cognizable offence are suspected, the police officer is obliged to conduct local investigation into fact and circumstances offences on the spot.

3. Search
The police can exercise their power of search under the section 165 of Cr.P.C. 1898, where the reasonable grounds are available which cause the police to investigate any matter which is falling in the jurisdiction, they can make search purpose of making investigation but the limit to make investigation has been put under Bankers Book Evidence Act 1891.

4. Arrest
Under the section 46 of Cr.P.C. 1898, the police making arrest of person are made for purpose preventing that person from committing offence or putting that person in custody of police for the alleged committing of offences. The section 47 of Cr.P.C. says that where the arrest is essential for the purpose of the making arrest of that person, they can make search of the premises where the person supposed have take abode or hiding himself.

5. Framing of charges
The section 221 of Cr.P.C 1898 is related with the framing of the charges, police frames the charges of the offence which the accused has committed; these describe the particulars of the offence which has been committed. There are many other formalities of the law which is required to be fulfilled in as defined Cr.P.C provisions.

6. Recording of statement and evidence
The police officer making an investigation under this chapter may, by order in writing , requires the attendance before such as the provisional government may prescribe in order, such officer may examine the orally any such person supposed to be acquainted with fact of the case. Under The section 161 of Cr.P.C 1898, the person accused or acquainted with fact is bound to give all answer of all questions which are asked by the police. The police officer may reduce into writing such statement which has made by witness in course of examination by police officer.

Summary
We have studied the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and the basic principal of administration is territorial and subject matter division of jurisdiction of various criminal courts and investigating agencies. There are two types of court first established under Cr.P.C; other are constituted under other laws. There are also two major investigating agencies are in Pakistan for purpose administration of criminal justice. The procedure of investigation is Police is made according to Cr.P.C provisions and FIA administrate crime according to FIA Act.

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In this article, we shall study the type of the Qalts and their punishments as has been provided in Pakistan Penal Code 1860; when the right of Qasis can be exercised in qalt-i-amd, what are evidential standards of the enforcement of Qalt-i-amd as Qasis, who can exercise the right of Qasis and what case in which Qasis can not be enforced? When criminal court can award punishment as Diyat and Tazir?

Types of Qalts defined in PPC 1860
The following are Qalt has been defined in Pakistan penal code constituting the offence of Qalt.

Qalt-i-Amd

Whoever commits the intentional or premeditation plan of death of person or cause body injury to person intentionally by doing which is in ordinary course of life can cause death, or with the intention and knowledge which he could visualize that act will cause the death of person. The element of probable foresight of that act or omission will probable death, he said to have committed the Qalt-i-Amd.

The accused can only be held culprit if the injury is direct result and consequence of his death and the action or omission is an intentional murder which falling under definition of section 300 of PPC 1860. Ingredient of the offence are felonious and an injury causing the death. Mere the provisions of the law are not sufficient for constitution of the offence, and implication of the accused.

The provision of 300 has provided for the murder of offence which are exclusively are falling under the provision of Qalt-i-Amd and have contemplated by offender with intention and knowledge. Any qalt which is committed under the Ghariat or sudden provocation caused by outcome of any event is also falling under definition of intentional murder. The charge of common intention to murder in pursuit of a family vendetta at such stage as to whose shot proved fatal.

The qalt-i-amd is punishable as Qasis, and if evidential standard is not fulfilled than punishment as Tazir up to twenty five years imprisonment .

Qalt-i-shibh-Amd

Whoever intentional causes death of human being which is not in ordinary course life causes the death said to have committed Qalt-i-shibh-Amd, when no as such weapon is employed. That act or omission is not often regarded as probable consequence of death. It is question of medical science to determine the fact rather employment of weapon has caused the death of that person as result of hit or striking of weapon on the body of person. The direct consequence of death as result of the weapon used to cause the death of that person is ultimate principle of criminology for putting criminal liability on the person for commission of the offence of Qalt.

Non-production of most natural and independent witness of occurrence only leads to presumption that Qalt-i-Shabh-amd has been committed. The section is applicable to circumstance where the fighting has taken place out of sudden impulses without premeditation causing the death of human being and means or weapon used by offender do not cause the death of human ordinary course of life. The qalt shibh-i-Amd shall be liable to tazir and also imprisonment as for description of term which may be extended over to fifteen years.

Qalt-i-Khata

When any act or omission is done which is caused by mistake of fact causes the death of human being without any intention or knowledge said to have committed the qalt-i-khata. The act must be mistake of fact not mistake of law and foresightedness of the person is important element in determination of the criminal liability. The provision of the section shall only be applicable to the action or omission which is done under sudden mistake of fact. The action which are done without premeditation or intention or having foresightedness cause the death of human can be placed under the provision dealing with Qalt-i-khata.

The Qalt-i-khata has no relevance with the provision of the act which is done under sudden provocation. The qalt-i-khata is liable to diyat but if the commission of the Qatl-i-khata is committed under rash act or negligence the addition punishment has provided for commission of such type of offence under 320 of PPC which may extend over to ten years.

Qalt-bis-sahab

When any person without having intention of causing death of person or harm or any act which become the cause for death of another person said to have committed Qalt-i-Sahab. The qatl-bis-sahab is murder without intention on the part of the accused, with the weapon or instrument which is neither regarded as the instrument nor weapon. The element of unlawful must be there for constitution of the offence under heading of Qalt-bis-sahib. The accused should not have any intention or motive or premeditation plan for commission of offence and the circumstance evidence must negate the intention of the accused. The punishment of Qalt-bis-sahab is provided in section 322 which is liable to diyat.

Qalts committed under compulsions

It death caused under putting person instant fear of death or permanent impairing the organ with knowledge and foresightedness that act or omission constitute the commission of offence under section 303 of PPC 1860.

Qasis

Qasis means punishment by causing similar hurt at same part of the body of the convict as has caused to victim his death if he has committed Qalti-Amd in exercise of the right of the victim or a wali. The punishment of similar hurt at the same part of body of the convict as he has caused to the deceased which has caused his death. The right to exercise that right is vested in wali. It is aim to cause similar hurt at the same part of the body of the convict as far as possible keeping in view the opinion of the authorized medical officer according to the physical condition of the convict.

Right of Qasis in Qalt-i-Amd

The right of Qasis is vested on the Wali of the deceased, and if there is no Wali then the right to exercise the Qasis is vested in government. In the case of minor or having no father, the right of Qasis is vested to paternal grandfather has the right of Qasis against the accused.

Exemption from enforcement of Qasis for qalt-i-amd

Qasis for qalt-i-amd shall not be have effect or legal enforce in following cases namely, when offender dies before the execution of the Qasis, when wali, voluntary and without duress to the satisfaction of the court waive the right of Qasis under section 309 or compound under section 310 and when the right of Qasis devolves as the result of the death of the Wali or on the person who has no right of Qasis against the offender, but the right of Qasis will vest on government to waive the offender, the government means appellate power vest in President of Pakistan to forgive the offender. The criminal court can not exercise this right, the criminal court only have to exercise his power under the penal provision to pronounce the judgment under given circumstances.

Proof of qalt-i-amd liable to Qasis

The proof of qalt-i-amd liable to Qasis shall be in any of following forms, namely when the accused make true and voluntarily confession of guilt before the court of his commission of offence and when the evidence has been forwarded against the accused fulfilling the requirement provided in article 17 of Qanune-shahadat, 1984.

Evidential standards for Tazkiyah-Al-Shuhood as provided in Qanun e-shahadat, 1984

There are following evidential standard have to be fulfilled by witnesses forward before the court of law on side of Defendant. That evidence must be supported by two witnesses; in the case of discrepancy between them, the evidnce must be rejected. There should be one or more muzakki who may testify the truthfulness of the accused.

Execution of Qasis

There is important condition for the execution of the Qasis is that, the wali or his representative should be present there at the time of execution of convict. The execution of the Qasis can be suspended if the convict is pregnant woman till the two year after the birth of child. Qasis in Qalt-i-amd shall be executed by a functionary of the government by causing death of the convict at direction of the criminal court. If there is pending appeal before the appellate court, the execution of Qasis shall be subject to the order of the appellate criminal courts.

Punishment as Diyat

The diyat means the compensation awarded to the accused as punishment for commission of the offence specified in section 323 of PPC payable to heir of the victim. The value of the diyat should no be less than the value of thirty thousand six hundreds and thirty grams of silver. In cases of Qalt-i-Amd, diyat can be awarded where the offence committed is proved to be not liable to Qasis or where the Qasis is not enforceable. The consideration in such cases is badl-e-sulh as laid down in section 310 Of PPC 1860.

In the following cases the right to get the diyat shall be vested on the victim. When the commission of the offence is falling in definition under the section 306 and 307 are not liable to Qasis, section 312 Qalt-i-amd after waiver or compounding of Qasis, the section 315 Qalt shibh-i-Amd, the section 318 Qalti-khata and the section of Qalt bis Sahab.

The amount of diyat is to be disbursed amongst the heir of victim according to shariah. In case where an heir forgoes his shares it shall not be recovered. It can be ordered to be paid in lump sum or in installment by the offender; it is the discretion of the court. The offenders default pay the amount will be liable to imprisonment.

Punishment as Tazir

When evidential standard as provided in PPC and Qunun shahadat order 1984 is not available, the court can award the punishment in Tazir for commission of offence of Qalt. It includes punishment of imprisonment, forfeiture of property and fine. Award of Tazir has been left at the discretion of the court which must be exercised in a judicial manner and according to the facts and circumstances of the case.

Summary

The following kinds of qalts have been defined in Pakistan Penal code, the Qatl-i-Amd, Qalt-i-shibh-Amd, Qalt-i-khata and qalt bis sahib. Only Qatl-i-Amd is liable to Qasis and other qalts are either punished as tazir or liable to diyat. The right of Qasis vests in Legal wali of the deceased and he can compound and waive the right of Qasis.

The Qasis is subject to fulfillment of evidential standards of Tazkiyah-Al-Shuhood as provided in Qanun e-shahadat, 1984. Diyat and Tazir are awarded to offender as punishment of the commission of qalt.

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In this article, we shall study the basic requisite for initiation of criminal proceeding against the accused; what types of offences are cognized by magistrate and session court; and what is the procedure of trial of magistrate, session and high court?

Condition requisite for initiation of criminal proceedings Cognizance is taken of an offence as soon as court competent to exercise his jurisdiction for the purposes of initiation of criminal proceedings. If in the opinion of the court to initiate judicial proceeding against the offender in respect of the offence, then it must commence the criminal procedure. The cognizance implies the acceptance of the offence committed by the accused in light of evidence and statement produced by the complainant. The competence of court is precondition to the cognizance of offence, and if, any offence is recognizance by court not having competency, then entire proceedings are irregular and illegal.

With exception the specific provisions in Cr.P.C.1898, where certain offences have been barred to be taken cognizance until mentioned specifically in penal statute. Magistrate is empowered under section 190 to take cognizance of the offences.

Cognizance of Offence by magistrate

Under subsection 1 of section 190 of Cr.P.C of 1898, the district magistrate or subdivision magistrate and any other magistrate specially empowered to take cognizance of any offence, if he receives a complaint of facts which constitute such offence or the report in writing of such facts made by any police officer or the information received from any person other than police officer or upon his own knowledge or suspicion that such offence has made committed, he will immediately take cognizance of the offence.

The provision of subsection 3 of section 190 has laid down that the a magistrate taking cognizance under sub-section (1) of an offence triable exclusively by court of session shall without recording any evidence, send the case to the court of session for trial. However, if any order has passed by magistrate whom he is not authorized by law to do that, then the order or enquiry reports shall not be binding on the Court of Session.

Cognizance of the offence by court of session and high Court

Under subsection 1 of 193 of Cr.P.C Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the section 190, subsection (3), and under section 194 of Cr.P.C 1898 of 1898. The High court may cognizance any offence described in Pakistan Penal Code or in any other penal code. The section 193 impose an embargo upon and limit the power of the Court of Session to take cognizance of any offence unless accused had been sent to Court of Session by magistrate duly empowered by penal statute. The session judge may take any view keeping in view the facts and circumstance of the case and these should be interpreted in light of penal statutes.

The sections 190 and 193 are mandatory and session court is not a court of original jurisdiction and cannot entertain any direct complaint or pass any order, unless the same is forwarded to it by magistrate under section 193(3), and if done are outcome of material irregularity of court.

Issue of process

When the offence has recognized by court and it is in opinion of the court of trial that there is sufficient ground for proceeding. The court may issue a warrant for summons for causing the accused to be brought or to be appeared at certain time before court.

The section 201 is the only section which authorizes a magistrate to issue process to the accused for purpose of summoning him to hold him accountable for charges leveled against him. Where he takes cognizance on the private complaint or on a police report or any other information or knowledge other complaint, he must proceed with existence of sufficient ground of proceeding and he has to commence proceedings against the accused by compelling his attendance before the court.

There must be sufficient of grounds of proceeding does not mean complaint alone but the complaint deposition, supported by oral or documentary evidence as produced before the courts. Only the prima facie case is required for initiated the criminal proceedings under section 204, court is not expected to go into the detail by the conducting a preliminary trial. If on the basis of evidence that have been supplied, it is adduced by complaint it can be said that there is sufficient ground for initiation of the criminal proceeding against the accused of crime .

Procedure of Trial by Magistrate

The sections 241 to 249 are related with trial by cases magistrate. The procedure is to be adopted in all cases instituted upon condition mentioned above.

1. Supply of statement and documents to the accused

Under subsection 1 of section 141-A, in all case instituted upon police report and copies of statement of all witnesses recorded and produced under section 161 and 164 and all of the records of evidence recorded by the investigation officer in charge of police station on his first visit to the place of occurrence. It is duty of the court law to supply all copies of document to accused at free of cost not less than seven days before the commencement of the trial.

The Supply of the copies of whitenesss statement recorded under section 161, Cr.P.C 1898 to be provided to accused is an essential requirement for end of justice and it is preparatory stage of trial by magistrate . What have been stated in the petition of complaint the substance of the accused his name, address, and the names of his witness and the gist of the evidence and fact and circumstances which he is likely to adduce at the trial. It is necessary for trial court to give opportunity to the accused show cause of the allegation brought him and he must be given the affordable opportunity to defend himself .

2. Charges to be framed

When the accused appears or he is brought before the magistrate for defend alleged leveled against him, he shall be asked whether he admits that he has committed the offence with which he is charged.

When the magistrate having been satisfied, one the basis some cogent evidence spelling out the ingredients of an offence is required to frame a formal charge and these charge must read in open court. The framing the charges is essential and mandatory requirement of criminal procedure. Accused person should not be convicted straight way on the plea of guilt made by the accused. Trial Court is required to give opportunity to the accused to show cause of the allegation brought against him .

3. Conviction on admission of truth of accusation

If the accused admit that he has committed the offence, his admission shall be recorded exactly in the words which have spoken by him; and if magistrate finds no sufficient evidence available he may convict accused. The consideration of the sufficient cause must be based on material evidence in hand; the magistrate may convict accused accordingly in defined statutory procedure. The admission of guilt of accused made before the police is reversible at the discretion of the accused. The resiliency of admission of the guilt is relevant factor for court in convict of accused, but it is not sufficient ground.

4. Procedure when no such admission is made.

Under the subsection 1 of section of 244 of Cr.P.C 1898 if the magistrate does not convict the accused under the proceeding section then the magistrate shall proceed to hear the complaint and record all evidence produced in support of the prosecution by state functionaries. The magistrate also has to hear the accused and record all evidence which he produces for his defense.

The magistrate may issue summons or warrant to accused directing him to attend the proceeding . Accused not supplied with previous neither statements nor adequate opportunity to confront witness with previous statement. Witness not even mentioned in Challan but acquainted with facts of case can be examined as prosecution witness with permission of court. The right to cross examination is existed under section 244 of Cr.P.C 1898 as the right to defend.

5. Statement of Records before Magistrate

The statement recorded under section 244 if any statement is recorded under section 164 in presence of the accused, then he must be given the reasonable opportunity to cross the statement which has made against him. The methods of cross examination should be conducted according to the article of Qunun-e-Shahadat Order. There is no bar to power of court to record the evidence in absence of accused, if he pronounced to be absconding offender.

6. Acquittal or Conviction

If any evidence provides under section 244 and statement recorded under section 164, Magistrate has found the evidence insufficient and inadequate evidence to constitute the liable for commission or omission of offence, he may acquit the accused after due deliberation of evidence that has been forwarded by complainant to proof the accused guilty, and if he found guilty, he may pass sentence order.

Procedure of the trial of Cases by Session and High Court

In every trial before the Court of Session, initiated upon a police report, the prosecution shall be conducted by the public prosecutor, and entire cost of the expenditure to be incurred by the state. The option to engage any counsel rest on complainant where the private complaint lodged and complaint is satisfied with counsel. The following procedure shall be observed by High Court and Court of Session in which trial of cases by said courts.

1. Supply of documents and statement to accused

In all case proceeding to be initiated upon receiving of police report or by private complaint, and copies of documents of the first information report, the police report, the statement of witnesses recorded under section 161 and 164 and the inspection not recorded by an investigation officer on his first visit to the place of occurrence and note recorded by on recoveries made should to be supplied free of cost to accused not later than seven day before the commencement of the trial , No person should not be convicted unheard in court of law and sufficient opportunity must be provided to accused to make arrangement for engagement of counsel for his defense against the charges leveled against him.

In case where the cognizance of offence has made by magistrate on receiving of complainant, the documents mentioned in clause (a) and (b) of subsection 2 of section 265-C to supplied to accused. In addition to document mentioned above, what have been Stated in petition of complaint the substance of the accused, the name of his witnesses and gist of evidence which is likely to adduce at the trial should also be provided and all other the order of court issued for summoning of the accused and also the copies of the complaint and other document supplied by complainant to court as evidence.

Copies of statement recorded during investigation separately under section 161 or 172 Cr.P.C whether such person are cited as prosecution witness or not or whether supporting prosecution or defense have to supplied to the accused.

2. When charge is to be framed

After perusing the police report or the complaint and all other document and statement filed for prosecution in court for prosecution of the accused, the court need to initiate the criminal prosecuting. The court need to give due deliberation to gist of information, evidence in record in hand and where sufficient grounds are available for prosecution and the trial of the accused. The police should write the charges against the accused. The description of offence committed by the accused and these charges must fulfill the requirement of definition that is given in penal statutes.

3. Plea

The charge shall be read and be made open to the accused, and he shall be given affordable opportunity irrespective of fact that he is guilty or not. He should be chance to defend the charge leveled against him. If the accused pleads guilty, the court shall record the plea.

Whatever the charge is to be read and explained to the accused in open court, he should be brought before the court of law for criminal prosecution and he shall be asked whether he pleads guilty or has any defense to make, and if the accused plead guilty. Then it is the discretion of court to convict the accused but that discretion should not to be exercised beyond the power given in penal statutes. The personal whim and caprice of the court of law is a negation of criminal justice. The court is required to examine the prosecution evidence even if the guilty is admitted in response to the charge.

The section is quite clear in interpretation that court is not all circumstances which are brought before the court; it shall have to record conviction. That description must provide basis of material evidence, the accused has been prosecuted by court. That power given in this section aimed as to minimize the changes of wrong conviction of the accused.

4. Evidence for prosecution

If the accused does not plead guilty and no sufficient and material evidence are produced of the guilt of accused, then it is the discretion of court to convict accused. The court shall proceed to hear the complaint and take all such evidence as many are produced for his prosecution :

The court shall ascertain from the public prosecutor or as the case may be, from the complaint and, the name of any person likely to be acquainted with the facts of the case and shall summon such persons to give evidence . The court shall refuse to call any witness, if it will cause delay the justice and hamper end the justice. If the statement is given in the written form then that it shall be attached to the record .

The section refers to finalizing the prosecution case whether any defense has produced before the court not, and if no defense has adduced by the accused, the court shall after examination of the accused ask the prosecution to sum up his case where accused is eligible to make a reply. The pronouncement of judgment after its due deliberation is ultimate aim of the prosecution, but due opportunity be given to accused to defend himself.

In case of the private complaint the prosecution of the case has to be conducted by the private counsel of the accused not by state prosecutors. It is entirely discretion of the public prosecutor what witness shall be examined.

5. Acquittal or Conviction

If the court has found the accused not guilty having the record in hand, and after due interpretation of law in given circumstances, he shall order for acquittal of accused against the charges.

The section has vested power to the court to quit the accused at any stage when he found be beyond the shadow of doubt not guilty of any offense committed. The likelihood of suspicion always favors the accused and this power is limited to the jurisdiction when the trial court found that beyond the shadow of doubt. If the court has found material irregularity in evidence either recording or production of evidence and there is no direct connection of the accused with the offence alleged, the court may order the acquittal of accused.

Summary Trials

The magistrate of first class or any bench of magistrate specially has been empowered by provincial government may try in summary way all or any of the following offences mentioned clauses (a) to (m) of subsection 1 of 260.

Summary

It is here concluded that magistrate, session and high court can only initiate the criminal after cognizance of offences. The both magistrate and session court have their original jurisdiction to try offences as have been mentioned in Criminal procedure code. Initiation of criminal proceeding start with issue of warrants of accused and after his appearance before courts, he is provided ample opportunity to defend himself against the framed charges. If he pleads guilty after through examination of record in hand, the criminal court can pass order of conviction or acquittal of accused.

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All tax authorities to e-commerce transactions should investigate the record retention requirements of each others respective jurisdictions.

In September 1998 Revenue Minister Dhalinal of Canada;

Interpretation Circular 78-10RS and 779R (Book and Record Retention/Destruction) will be revised to explain the Departments views with respect to the electronic environment. Revenue Canada will work with authorities in other OECD Countries relating to information exchange as they currently do under the WTO and NAFTA relating to customs and excise matters such as Rules of Origin of Goods. Revenue Canada also believes that there are adequate search and seizure powers under the Criminal Code and the Income Tax Act to deal with the difficulty of accessing encrypted information.

An electronic signature may be proved in any manner, in order to verify that the electronic document is of the person that has executed it with the intention and for the purpose of verifying its authenticity or integrity or both.

Presumption relating to advanced electronic signature, in any proceedings, involving an advanced electronic signature, it shall be presumed unless evidence to contrary is adduced, that the electronic document affixed with an advanced electronic signature, as is the subject-matter of or identified in a valid accreditation certificate is authentic and has integrity; The advanced electronic signature is the signature of the person to whom it correlates, the advanced electronic signature was affixed by that person with the intention of signing or approving the electronic document and the electronic document has not been altered since that point in time.

Although digital signature technology has been available for some time, it has only recently become feasible to use digital signatures to authenticate a document. This breakthrough has made digital signatures one of the most important areas of development within electronic commerce. It is important because the technology, and the law governing it, must develop in a way that promotes, or at the very least does not inhibit, the growth of electronic commerce.

Encryption

The role of encryption and digital signatures go hand in hand in the authentication of records. The cryptography provides the technology used in digital signatures as well as for encryption. Encryption transforms an electronic document unreadable, thereby providing another level of security and increasing the attractiveness of the Internet as a means of transferring confidential data of the type often used in electronic commerce making the access to data possible for purpose of locating of database.

Clipper Chip

The government should make consistent attempts to introduce legislation on the clipper Chip, or a similar alternative. The Clipper Chip is a device enabling the government to gain access to communications by obtaining a key held by two escrow agents. The technical aspect of clipper chip is well known to information technology experts. But for legal profession it is device by that the record can be authenticated and verified.

Computer Forensics

There is numbers forensics that performs their legal duties regarding digital discovery of the documents. When we look into the legal history of these digital discovery authorities, their function as certified authorities to all document produced in digital form developed with advanced with electronic communication. The assistance of computer forensics is employed by foreign courts for purpose of getting forensic view about the e-data or electronic evidence.

The Computer Forensics authorities employs various tools for purpose of verification of documents, starting from identify, acquire, restore, and analyze electronic documents for their admission and production before court of laws. There verification of documents is not limited to local disk data but even the remote server data is verified. From authentication of record to local hard drive to remote server, the certified forensic discovery authorities help in testifying acquired from data from NT, Novell, UNIX, and Linux servers and PCs, among others.

Identification

There procedure adopted by the digital discovery authorities start from electronic discovery is identification. The electronic discovery is the identification of likely sources of relevant information comparing it with original electronic document. The identification of computer document and its comparison with original record through critical step to help ensure that data is not overlooked and each aspect of date is properly maintained and there is no tampering of database while its production before court of law. There view about the electronic document are requested of disk or remote documents and go on-site to inventory the data and look for hidden sources of taxpayer for evasion of record. In many cases, they present a written e-discovery report of web site and its links with database where it has been hosted.

Acquisition

The Identification of electronic documents is only the first step for proper identification of website link with data base. Once identified, the second step that they have to follow to gather the relevant information for authentication of the electronic evidence as to judge the reliance of the evidence. They take care to collect relevant information for coming to right conclusion regarding the authenticity of e-documents. They take care to avoid tampering of record and to maintain defensible chain-of-custody. There are three critical procedural phases judging the reliance of the electronic evidence and its presentation before the court of laws. Computer forensics employs uses forensically tools, their written protocols and internal procedures ensure that their work product with stands scrutiny in all jurisdictions where it is going to be presented before the court.

Restoration

There are many hidden sources of electronic evidence that can not be retrieved without seeking the assistance of the authorities of foreign jurisdiction. Once information regarding the evidence existed out state jurisdiction gathered, document must have to follow the same procedure of as defined in acquire. Rather it is foreign jurisdiction or not, important information is not retrieved without tested forensic procedures and documentation. The computer forensics helps courts to avoid any unnecessary production of documents, while ensuring that potentially relevant documents are presented, including encrypted, compressed, and password-protected files, are presented before court properly.

Searching

Another method is used is filtering of electronic database received in electronic discovery. While undergoing search of the electronic evidence, the computer forensics uses a variety of methods, tools and appropriate search technique to widows and other operating system for increasing reliability of electronic document to the court of law. The electronic forensics authorities are given number of powers in connect with assessing the reliance of the electronic and figuring out the hidden sources of evidence.

Production

The production and admission before the court of law is primary function of these forensics authorities and the computer forensics produces legal documents of data to court by their certification. They are granted certification power by statute or they are working independent autonomous bodies being famous for their impartial reports, they are often asked by court to give opinion about the electronic having agreed by both parties to suit. They produce copies of the data selected for review and offer recommendations and certification regarding the nature of electronic database to be viewed organizes data as evidence.

Verification

The computer Forensics perform number of function, one of them is offering detailed written certified reports and analyses to courts to just adjudication of matter. As being declared as friend-of-the-court experts, they assists judges with the interpretation electronic evidence being presented in court proceedings and the testimony of other electronic discovery experts. The court often needs the opinion of these experts regarding the building of the electronic evidence and reliance. For getting appropriate and meeting the reliance standard, although careful attention to detail in the early stages of electronic discovery builds solid expert testimony. The real aim of computer forensics to assist the court in reaching just conclusion regarding production of data as evidence but in Pakistan we have not yet legislated on role of computer forensics as expert role for identification, production and its admission before the court of law.

Legislative proposals

The legal requirement to get access to information or database for the purpose of authentication of record which is in electronic form it can only be met by providing access to the information in paper or other non-electronic form; but, if the maintenance of the integrity of the database cannot be assured, the person who must get access to the data must notify every person to whom access is required to be provided of that data base as evidence; and if requested to do so, provide access to the information in electronic form.

The form and means of access to the information reliably assures the maintenance of the integrity of the information, given the purpose for which, and the circumstances in which, access to the information is required to be provided; and the person to whom access is required to be provided consents to accessing the data in that electronic form .But the question of out cross border jurisdiction of taxing authorities is not possible unless international treaties are signed and tax laws are amended for the purpose of empower the tax administration to get access e-transaction database which is located at remoter server.

The mentioned below are my legislative proposals that can address the legal issue of access to e-records.

The Legislation of privacy and securities issues

Legislation has been suggested to address privacy issues raised by the practices of the Internet industry, including the gathering of information about individuals’ patterns of access to Internet sites . Most of the central and local legislation, however, doesn’t prohibit independent third parties from gathering and disseminating your personal information to the millions on the net.

Amending Sale Tax Act 1990

The section 25 of sale tax act only deals with accessibility of sale tax officer to records of electronic data base where no specific direction is available for the getting access to record which has kept at remote server.

Here we need to insert the words or hosted in remote web server in section 25 of the Sale Tax Act 1990.,

A person who is required to maintain any record or documents under this Act or any other law shall, as and when required by an officer of Sales Tax, produce record or documents which are in his possession or control or in the possession or control of his agent; and where such record or documents have been kept on electronic data or hosted in remoter web server, he shall allow access to such officer of Sales Tax and use of any machine on which such data is kept.

The insert of appropriate wordings will enhance the power of tax administration for purpose of getting access to e-transaction data base.

Amending Income tax ordinance 2001

The accessibility income tax officer to get access to e-records which has kept at remote web server is ineffective by non-existent of statutory words, phrase or clause in clause (a) subsection (1) section (175) of income tax ordinance. I recommend the same phrase as I have recommended in section 25 of sale tax act of 1990.

In order to enforce any provision of this Ordinance , the Commissioner or any officer authorised in writing by the Commissioner for the purposes of this section (a) shall, at all times and without prior notice, have full and free access to any premises, place, accounts, documents or computer or remoter web server;

I will describe in second chapter, how the code criminal procedure can be made effective for search authorization of e-records uploaded at remoter server.

The gauging the effectiveness of legislative proposals

There are various standards for determining the effectiveness of the legislative proposal, first-practicability-whenever the legislation is promulgated that must be feasible to enforce it. We how to determine rather any such amendment is put in operation will serve the good or not? Rather any such facility is available for tax officer to access the e-records hosted at remote server, if no, then how these legislative provision can made effective? There is one simple answer to this question by increasing the efficiency of taxing officer. Secondly, predicting the proposed amendment by its intrinsic structure, what could be best substituted phrase that can remove deficiency of enacted provisions? That is hosted at remote web server?

Summary

There are various devices are used for getting access to e-records, like encryption, clipper chip and computer forensics, and to extend legal right to access the e-records, we need to make appropriate statutory amendments in tax laws.

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