The law and sociology grow, in tandem, with the former following the latter. In this evolution of... more The law and sociology grow, in tandem, with the former following the latter. In this evolution of the two disciplines, criminology, the subset of sociology, is further branching off. A new discipline named as digital criminology is emerging. Professor Anastasia Powell, in her book (Digital Criminology) co-authored with Gregory Stratton and Robin Cameron defined digital criminology as an 'intersection of critical, cultural, and socio-technical theory and research'. Likewise, the law is responding to the technology especially to the artificial intelligence through legislative and administrative measures. On 15 th December, 2023, the European Artificial Intelligence Act was passed by the European Parliament. Similarly, in Pakistan, the Computer Emergency Response Team Rules, 2023 (CERT Rules) under section 49 read with section 51 of the Prevention of Electronic Crimes Act, 2016 (PECA) were passed. On the data scene, the draft data protection law by the Ministry of Information and Technology has been prepared and is pending consideration for legislation. In policing, the data analytics will be used proactively as many new pieces of legislation contain provisions for data collection, retention and lawful use. For example, the Anti-Rape (Sex Offenders Register) Rules, 2023 under section 24 of the Anti-Rape (Investigation and Trial) Act, 2021 obliges the state to collect data about sex offenders. Similar provisions are available now for trafficking in persons and for migrants' smuggling related offences in Pakistan. In this background, there is need to study how different technologies are shaping state and law enforcement responses. One area of particular interest is the use of digital forensics in criminal prosecutions. The instant write up will explore the concept and will analyze its integration with the criminal justice system along with some recommendations. II-DEFINIING DIGITAL FORENSICS Many terms are used interchangeably like computer forensics, electronic forensics and digital forensics. Are these terms synonymous or are there any differences. In his book, Cybercrime and Digital Forensics: An Introduction, Professor Thomas J.
On 30 th October, 2023, a new law styled as the Federal Prosecution Service Act, 2023 was enacted... more On 30 th October, 2023, a new law styled as the Federal Prosecution Service Act, 2023 was enacted. The law was long awaited. It is an important legal development, but unfortunately, it did not get much attention in the media. The purpose of the instant write up is to examine the context of the new law, its salient features and its comparison with provincial prosecution laws. As a point of departure, it may be noted that the criminal justice system of Pakistan is two tiered i.e. federal and provincial. The relationship of the federation and the provinces is regulated through the constitutional law. Article 142 of the Constitution makes the criminal law, criminal procedure and law of evidence concurrent subjects for the sake of legislation and article 143 provides the primacy of federal criminal law over the provincial criminal laws. The two articles were rewritten at the time of the introduction of the Eighteenth Constitutional Amendment in 2010. Quintessentially, the two articles preserved the earlier scheme that kept the areas of criminal law, criminal procedure and law of evidence shared responsibility of the federation and the provinces. With this division of legislative design, historically, prosecution of criminal cases was done by police in Pakistan. Only after the introduction of Crown Prosecution Service in the United Kingdom in 1986, there was a realization to separate the functions of prosecution from policing in Pakistan. Consequently, through administrative measures, the prosecution was separated from police in the Punjab in the same year. The scheme, however, was reversed in 1991.
In the tumult of every conflict, human rights face great repercussions. The emerging situation in... more In the tumult of every conflict, human rights face great repercussions. The emerging situation in the Middle East has drawn a focus and energies of many an activists and advocates of the human rights, especially concerning the anticipated toll of human loss and heightened vulnerabilities of women and children. Yet, undeterred by these challenges, resilient global human rights' activists persist in championing the causes for human rights protection. Internationally, "16 Days of Activism against Gender Based Violence (GBV)" campaign, spanning from 25 th November to 10 th December 2023 has been launched. This timeframe holds symbolic significance, aligning with the International Day for Elimination of Violence against Women on November 25 and the International Day for Human Rights on December 10. Throughout this campaign, crucial messages reverberate globally, shedding light on the intersection of trafficking in persons and GBV. Three conceptual dimensions related to GBV and trafficking in persons warrant consideration during this activism:
If a candidate makes an allegation against another candidate, the media should seek comments and ... more If a candidate makes an allegation against another candidate, the media should seek comments and verification from both the sides by providing fair opportunities to both the parties.
In Pakistan, the critics of the rule of law often argue that the laws do not help the cause of a ... more In Pakistan, the critics of the rule of law often argue that the laws do not help the cause of a common man and that the country has witnessed excessive legislation. This argument is fallacious on three counts. One, most of the legislation is primary in nature and contains broad principles without providing the wherewithal that operationalizes the laws. The operationalization takes place by the delegated legislation that is in form of rules, regulations and circular orders. Secondly, most of the law making in Pakistan is influenced by external factors and international obligations and compulsions. A recent example in this regard is that of the Financial Action Task Force (FATF) inspired legislation. Thirdly, the legislation is informed by the colonial legal framework and no indigenous effort has been made to rethink the architecture of the colonial legal design. In the midst of all this, it is heartening to note that on 13 th September, 2023, the Anti-Rape (Sex Offenders Register) Rules, 2023 (the Rules) under section 24 of the Anti-Rape (Investigation and Trial) Act, 2021 (the Act) have been framed and issued by the Ministry of Law and Justice, Government of Pakistan. This is fourth set of rules framed under the Anti-Rape (Investigation and Trial) Act, 2021. The earlier three sets of rules are: the Anti-Rape (Investigation) Rules, 2022, the Anti-Rape (Trial Procedure) Rules, 2022 and the Anti-Rape (Crisis Cell and Medico-Legal) Rules, 2022. It may be noted that these three sets of rules were framed in 2022, but notified in 2023 as shown in the gazette notifications. The newly issued Rules on Sex Offenders Register have, for the first time in Pakistan, provided legal basis for the establishment of Sex Offenders Register (a database of convicts of the sex offences) that must be actively used by the participants of the criminal justice system to prevent and detect Gender Based Violence (GBV) in Pakistan. The instant write up highlights the salient features of the Rules, which are:
On 15 th September, 2022, the Governor of the Punjab promulgated the Police Order (Amendment) Ord... more On 15 th September, 2022, the Governor of the Punjab promulgated the Police Order (Amendment) Ordinance, 2023. As the newly promulgated Ordinance is a temporary legislation in terms of article 89 of the Constitution of Pakistan that makes such legislation lapsable, it will be useful to examine some of its aspects that may inform on the changes that the law envisages. As an introduction, it may be noted that the new law has inserted a new article to the Police Order, 2002 to establish Organized Crime Units (OCUs) in all districts of the Punjab. Following may be noted about the new amendment:
The law and sociology grow, in tandem, with the former following the latter. In this evolution of... more The law and sociology grow, in tandem, with the former following the latter. In this evolution of the two disciplines, criminology, the subset of sociology, is further branching off. A new discipline named as digital criminology is emerging. Professor Anastasia Powell, in her book (Digital Criminology) co-authored with Gregory Stratton and Robin Cameron defined digital criminology as an 'intersection of critical, cultural, and socio-technical theory and research'. Likewise, the law is responding to the technology especially to the artificial intelligence through legislative and administrative measures. On 15 th December, 2023, the European Artificial Intelligence Act was passed by the European Parliament. Similarly, in Pakistan, the Computer Emergency Response Team Rules, 2023 (CERT Rules) under section 49 read with section 51 of the Prevention of Electronic Crimes Act, 2016 (PECA) were passed. On the data scene, the draft data protection law by the Ministry of Information and Technology has been prepared and is pending consideration for legislation. In policing, the data analytics will be used proactively as many new pieces of legislation contain provisions for data collection, retention and lawful use. For example, the Anti-Rape (Sex Offenders Register) Rules, 2023 under section 24 of the Anti-Rape (Investigation and Trial) Act, 2021 obliges the state to collect data about sex offenders. Similar provisions are available now for trafficking in persons and for migrants' smuggling related offences in Pakistan. In this background, there is need to study how different technologies are shaping state and law enforcement responses. One area of particular interest is the use of digital forensics in criminal prosecutions. The instant write up will explore the concept and will analyze its integration with the criminal justice system along with some recommendations. II-DEFINIING DIGITAL FORENSICS Many terms are used interchangeably like computer forensics, electronic forensics and digital forensics. Are these terms synonymous or are there any differences. In his book, Cybercrime and Digital Forensics: An Introduction, Professor Thomas J.
On 30 th October, 2023, a new law styled as the Federal Prosecution Service Act, 2023 was enacted... more On 30 th October, 2023, a new law styled as the Federal Prosecution Service Act, 2023 was enacted. The law was long awaited. It is an important legal development, but unfortunately, it did not get much attention in the media. The purpose of the instant write up is to examine the context of the new law, its salient features and its comparison with provincial prosecution laws. As a point of departure, it may be noted that the criminal justice system of Pakistan is two tiered i.e. federal and provincial. The relationship of the federation and the provinces is regulated through the constitutional law. Article 142 of the Constitution makes the criminal law, criminal procedure and law of evidence concurrent subjects for the sake of legislation and article 143 provides the primacy of federal criminal law over the provincial criminal laws. The two articles were rewritten at the time of the introduction of the Eighteenth Constitutional Amendment in 2010. Quintessentially, the two articles preserved the earlier scheme that kept the areas of criminal law, criminal procedure and law of evidence shared responsibility of the federation and the provinces. With this division of legislative design, historically, prosecution of criminal cases was done by police in Pakistan. Only after the introduction of Crown Prosecution Service in the United Kingdom in 1986, there was a realization to separate the functions of prosecution from policing in Pakistan. Consequently, through administrative measures, the prosecution was separated from police in the Punjab in the same year. The scheme, however, was reversed in 1991.
In the tumult of every conflict, human rights face great repercussions. The emerging situation in... more In the tumult of every conflict, human rights face great repercussions. The emerging situation in the Middle East has drawn a focus and energies of many an activists and advocates of the human rights, especially concerning the anticipated toll of human loss and heightened vulnerabilities of women and children. Yet, undeterred by these challenges, resilient global human rights' activists persist in championing the causes for human rights protection. Internationally, "16 Days of Activism against Gender Based Violence (GBV)" campaign, spanning from 25 th November to 10 th December 2023 has been launched. This timeframe holds symbolic significance, aligning with the International Day for Elimination of Violence against Women on November 25 and the International Day for Human Rights on December 10. Throughout this campaign, crucial messages reverberate globally, shedding light on the intersection of trafficking in persons and GBV. Three conceptual dimensions related to GBV and trafficking in persons warrant consideration during this activism:
If a candidate makes an allegation against another candidate, the media should seek comments and ... more If a candidate makes an allegation against another candidate, the media should seek comments and verification from both the sides by providing fair opportunities to both the parties.
In Pakistan, the critics of the rule of law often argue that the laws do not help the cause of a ... more In Pakistan, the critics of the rule of law often argue that the laws do not help the cause of a common man and that the country has witnessed excessive legislation. This argument is fallacious on three counts. One, most of the legislation is primary in nature and contains broad principles without providing the wherewithal that operationalizes the laws. The operationalization takes place by the delegated legislation that is in form of rules, regulations and circular orders. Secondly, most of the law making in Pakistan is influenced by external factors and international obligations and compulsions. A recent example in this regard is that of the Financial Action Task Force (FATF) inspired legislation. Thirdly, the legislation is informed by the colonial legal framework and no indigenous effort has been made to rethink the architecture of the colonial legal design. In the midst of all this, it is heartening to note that on 13 th September, 2023, the Anti-Rape (Sex Offenders Register) Rules, 2023 (the Rules) under section 24 of the Anti-Rape (Investigation and Trial) Act, 2021 (the Act) have been framed and issued by the Ministry of Law and Justice, Government of Pakistan. This is fourth set of rules framed under the Anti-Rape (Investigation and Trial) Act, 2021. The earlier three sets of rules are: the Anti-Rape (Investigation) Rules, 2022, the Anti-Rape (Trial Procedure) Rules, 2022 and the Anti-Rape (Crisis Cell and Medico-Legal) Rules, 2022. It may be noted that these three sets of rules were framed in 2022, but notified in 2023 as shown in the gazette notifications. The newly issued Rules on Sex Offenders Register have, for the first time in Pakistan, provided legal basis for the establishment of Sex Offenders Register (a database of convicts of the sex offences) that must be actively used by the participants of the criminal justice system to prevent and detect Gender Based Violence (GBV) in Pakistan. The instant write up highlights the salient features of the Rules, which are:
On 15 th September, 2022, the Governor of the Punjab promulgated the Police Order (Amendment) Ord... more On 15 th September, 2022, the Governor of the Punjab promulgated the Police Order (Amendment) Ordinance, 2023. As the newly promulgated Ordinance is a temporary legislation in terms of article 89 of the Constitution of Pakistan that makes such legislation lapsable, it will be useful to examine some of its aspects that may inform on the changes that the law envisages. As an introduction, it may be noted that the new law has inserted a new article to the Police Order, 2002 to establish Organized Crime Units (OCUs) in all districts of the Punjab. Following may be noted about the new amendment:
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