CRIMINAL LAW AND THE PUNJAB SENTENCING ACT, 2019
Modern states claim to assert their monopoly over lawful use of force within their jurisdiction through criminal law; in this sense, criminal law enables states to maintain their internal national security and to keep order in the society. Historically, Pakistan’s criminal law has not been rewritten. Colonial legal codes in the form of Pakistan Penal Code, 1860 (general criminal law), and the Code of Criminal Procedure, 1898 (general criminal procedure), remained applicable to this day, perpetuating the impression that the subject of criminal law is federal in nature. This is far from the truth. The constitutional record shows that, in its original scheme, the Constitution of Pakistan, 1973, kept the criminal law, criminal procedure and evidence on Concurrent Legislative List (CLL) permitting both the federal and provincial legislatures to legislate on the subjects.
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