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SHERAZ KHAN vs State S — 2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
SHERAZ KHAN vs State S
Provisions referred to
S. 27---L; S. 50---G; S. 26---P; Crimes Act; General Clauses Act (X of 1897)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHERAZ KHAN VS State S. 27---Legal recognition of offences committed in relation to information system---Scope---Section 27 of prevention of electronic Crimes Act, 2016, provides that all offences under the Act or any other laws will be recognized and enforced under said laws even if they are committed in relation to or through the use of an information system---Phrase "legal recognition and enforcement shall not be denied" means the applicability of offences in that law for the purpose of trial will not become redundant on the premise that it is now like an offence under prevention of electronic Crimes Act, 2016 and would be tried only by the court constituted under prevention of electronic Crimes Act, 2016. S. 50---General Clauses Act (X of 1897), S. 26---Provision as to offences punishable under two or more enactments---Relation of the Act with other laws---Scope---If an offence under other laws is committed by uploading data or information generally on social media or sending messages through any mobile application, it would not be an offence under prevention of electronic Crimes Act, 2016, until it is transmitted through unauthorized access for the purpose or through a required action as depicted in the relevant sections of prevention of electronic Crimes Act, 2016, or target a particular person in case of offences of cyber stalking, spamming or spoofing. S. 50---General Clauses Act (X of 1897), S. 26---Provision as to offences punishable under two or more enactments---Relation of the Act with other laws---Scope---prevention of electronic Crimes Act, 2016, deals only with those persons who possess know-how or expertise in using the information system; it has nothing to do with ordinary offenders who commit the offence with conventional methods---More clearly, prevention of electronic Crimes Act, 2016, deals with white collar crimes through the use of information system.

Other judgments reported in 2022 PCRLJ

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