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

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SHERAZ KHAN VS State 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---Trials to be conducted separately---Scope---Court constituted under Prevention of Electronic Crimes Act, 2016, cannot try offences under P.P.C.---Under S. 26 of General Clauses Act, 1897, an offence falling under two definitions of different laws shall be tried separately---Unlike S. 17 read with S. 21-M of Anti-Terrorism Act, 1997, there is no specific provision for holding joint trial in Prevention of Electronic Crimes Act, 2016---Under S. 50 of Prevention of Electronic Crimes Act, 2016, provisions of said Act shall have effect not in derogation of Pakistan Penal Code or any other laws; which means, if similar offence under P.P.C. and Prevention of Electronic Crimes Act, 2016, is committed then offender shall be charged under Prevention of Electronic Crimes Act, 2016 only---Offender is usually charged with offence only under special law which has an effect on any other law for the time being in force; like Control of Narcotic Substances Act, 1997, offender is charged under S. 9 and not under Art. 3 or 4 of Prohibition (Enforcement of Hadd) Order, 1979---Some personal offences like cyber stalking, spamming or spoofing would be tried independently under Prevention of Electronic Crimes Act, 2016, even if they are offences under any other law because provisions of Prevention of Electronic Crimes Act, 2016, shall have effect on other laws and no charge under other laws shall be part of trial in the court constituted under Prevention of Electronic Crimes Act, 2016---If different offences under different laws are committed in the same transaction; joint trial by one court is prohibited unless there is a provision of holding joint trial in that law---If an offender is apprehended on the spot for committing robbery; on his personal search, pistol and narcotics are recovered; trial for possession of unlicensed pistol and narcotics shall not be held in one court, rather by different courts, similarly, offences under P.P.C., if are committed through use of an information system shall be tried by the ordinary court and not by court constituted under Prevention of Electronic Crimes Act, 2016; if such acts are committed through unauthorized access to information system, then main offence shall be tried by the ordinary court and offence of unauthorized access shall be tried by court under Prevention of Electronic Crimes Act, 2016.

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

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