Law of Security For Keeping the Peace and for Good Behaviour
Justice (R) Dr. Munir Ahamd Mughal
Punjab University Law College; Superior Law College; LIMIT Law College, Lahore
December 13, 2011
Law in this paper refers to procedural law which means a law that has been enforced by the Competent legislature to provide mechanism to implement the substantive law if force to achieve the objective.
Security means furnishing guarantee to the satisfaction of the Court that a certain conduct is to be maintained for a certain period by a certain person concerning a certain thing. It is in the shape of a bond to be executed by such person from whom security is demanded. It may be with sureties or without sureties. It is a discretionary power vested by law in the Court. It is not an administrative proceeding. Rather it is a judicial proceeding. It is not repugnant to the Fundamental rights under the Constitution nor is it discriminatory in character. Security is given by the accused and security is taken by the Court. Security is for a certain purpose, certain objective and certain goal. Security proceedings are taken after a judicial inquiry. Hence security proceedings are judicial proceedings.
In Pakistan the Code of Criminal Procedure, 1898 is the general law of criminal procedure. Part IV of the Code deals with Prevention of Offences. It comprises a single chapter called Chapter VIII (Of Security for Keeping the Peace and for Good Behaviour).
Number of Pages in PDF File: 22working papers series
Date posted: December 16, 2011
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