Offences against the state

The offences against the state may be classified as under.

1. Waging or attempting or conspiring to wage or collecting men and ammunition to wage war against the government of pakistan (sections 121, 121-A, 122 and 123 of pakistan penaal code.)

 2. Assaulting president, or governor of any province with intent to compel or restrain the exercise of any lawful power.( section 124 of pakistan penal code).

 3. Sedition (section 124-A of pakistan penal code).

 4. War against the government of any asiatic power at peace with pakistan or committing depredations on the territories of such power ( sections 123 – 126 of pakistan penal code)
ENHANCED PUNISHMENT
Section 75 of pakistan penal code provides that whoever, having been convicted by a court in pakistan of an offence punishable under chapterXII or chapter XVII of the code with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under any of those chapters with like imprisonment for the like term, shall be subject for evey such subsequent offence to imprisonment for life , imprisonment for either description for a term which may extend to ten years.

 The above section does not create a substantive offence, but only imposes a liability to enhanced punishment under the following conditions:

 1. The previous conviction must have been under chapter XII or chapter XVII of the pakistan penal code punishable with three years imprisonment.

 2. The previous conviction must not have necessarily resulted in the awarding of three years punishment, but it must be an offence punishable with three years improsonment or more.

 3. The subsequent offence must have been committed after the previous conviction, i.e, the section is inapplicable to offences committed at one and at the sid time.

 4. The subsequent offence must be an offence punishable with three years imprisonment or more.

 5. The subsequent offence must fall under chapter XII or chapter XVII and be punishable with three years imprisonment or more before section 73 of the pakistan penal code can be made applicable.
Advertisements

Published by

Papoo Parmar

I am so simple and Like to do any special in my life in short way.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s