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SHERAZ KHAN vs State Ss — 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 Ss
Subject matter
Criminal
Provisions referred to
S. 26---P; S. 28; Crimes Act; General Clauses Act (X of 1897); Pakistan Penal Code

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 Ss. 27 & 30---Legal recognition of offences committed in relation to information system---Power to investigate---Scope---Section 30 of prevention of electronic Crimes Act, 2016, mandates about Joint Investigation Team to investigate an offence under prevention of electronic Crimes Act, 2016 or any other law for the time being in force which gives a distinct mark and clear indications to deal with the trials separately, if different offences have been committed. Ss. 27 & 36---Legal recognition of offences committed in relation to information system---Dealing with seized data or information system---Scope---Sections 36(3)(b) & 36(3)(c) of prevention of electronic Crimes Act, 2016, talks about another ongoing investigation or criminal proceedings, which fortifies that the offence defined in other laws shall be investigated and tried separately by the respective courts. Ss. 50 & 28---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---Pakistan Penal Code, 1860 (XLV of 1860) to apply---Scope---Perusal of S. 28 of prevention of electronic Crimes Act, 2016, clarifies that it does not support omnibus application of all provisions of P.P.C. rather application is limited to those provisions which relate to vicarious liability like common intention or common object, abetment or criminal conspiracy and provisions relating to General Exceptions in P.P.C., if they are not inconsistent with provisions of prevention of electronic Crimes Act, 2016.

Other judgments reported in 2022 PCRLJ

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