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Legal statutory Interpretation

1. 1. INTERPRETATION OF STATUTES
2. 2. Statutory interpretation is the process of interpreting and applying legislation to decide cases.
Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Generally, the
words of a statute have a plain and straightforward meaning. But in some cases, there may be
ambiguity or vagueness in the words of the statute that must be resolved by the judge. The reason for
ambiguity or vagueness of a legislation is the fundamental nature of language. It is not always possible
to precisely transform the intention of the legislature into written words. Interpreting a statute to
determine whether it applies to a given set of facts often boils down to analyzing whether a single
word or short phrase covers some element of the factual situation before the judge.INTRODUCTION
3. 3. The reason for ambiguity or vagueness of a legislation is the fundamental nature of language. It is
not always possible to precisely transform the intention of the legislature into written words.
Interpreting a statute to determine whether it applies to a given set of facts often boils down to
analyzing whether a single word or short phrase covers some element of the factual situation before
the judge. The expansiveness of language necessarily means that there will often be equally good or
equally unconvincing arguments for two competing interpretations. A judge is then forced to resort to
documentation of legislative intent, which may also be unhelpful, and then finally to his or her own
judgment of what outcome is ultimately fair and logical under the totality of the circumstances.To find
the meanings of statutes, judges use various tools and methods of statutory interpretation, including
traditional canons of statutory interpretation, legislative history, and purpose. In common law
jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the
legislature or to delegated legislation such as administrative agency regulations.
4. 4. PRIMARY RULES - • Literal Rule (aka Plain Meaning Rule) - It means that statutes are to be
interpreted using the ordinary meaning of the language of the statute unless a statute explicitly defines
some of its terms otherwise. In other words, the law must be read, word for word, and it should not
divert from its true meaning.
5. 5. CONT…. A statues often contains a "definitions" section, which explicitly defines the most
important terms used in that statute. However, some statutes omit a definitions section entirely, or fail
to define a particular term. The literal rule, which is also known as the plain meaning rule, attempts to
guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on
that of a word found within a definition itself.
6. 6. CONT… According to this rule, when a word does not contain any definition in a statute, it must be
given its plain, ordinary, and literal meaning. If the word is clear, it must be applied, even though the
intention of the legislature may have been different or the result is harsh or undesirable. The literal
rule is what the law says instead of what the law means. This is the oldest of the rules of construction
and is still used today, primarily because judges are not supposed to legislate. As there is always the
danger that a particular interpretation may be the equivalent of making law, some judges prefer to
adhere to the law's literal wording.
7. 7. MISCHIEF RULE • Mischief rule - This rule attempts to determine the legislator's intention.
Originating from a 16th century case in the United Kingdom, its main aim is to determine the
"mischief and defect" that the statute in question has set out to remedy, and what ruling would
effectively implement this remedy. Smith vs. Hughes [1960] 2 All E.R. 859
8. 8. CONT…. The Mischief Rule is used by judges in statutory interpretation in order to discover
legislature's intention. It essentially asks the question: By creating an Act of Parliament what was the
"mischief" that the previous or existing law did not cover and this act covers. This rule was developed
by Lord Coke in Sir John Heydon's Case, 1584, where it was stated that there were four points to be
taken into consideration when interpreting a statute:
9. 9. CONT… 1. What was the common law before the making of the act? 2. What was the "mischief or
defect" for which the common law did not provide? 3. What remedy the parliament hath resolved and
appointed to cure the disease of the commonwealth? 4. What is the true reason of the remedy?
10. 10. CONT… The application of this rule gives the judge more discretion than the literal and the
golden rule as it allows him to effectively decide on Parliament's intent. Legislative intent is
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determined by examining secondary sources, such as committee reports, treatises, law review articles
and corresponding statutes.
11. 11. CONT… The rule was further illustrated in the case of Smith v Hughes, 1960, where under the
Street Offences Act 1959, it was a crime for prostitutes to "loiter or solicit in the street for the
purposes of prostitution". The defendants were calling to men in the street from balconies and tapping
on windows. They claimed they were not guilty as they were not in the "street." The judge applied the
mischief rule to come to the conclusion that they were guilty as the intention of the Act was to cover
the mischief of harassment from prostitutes.
12. 12. GOLDEN RULE - • Golden rule - It is a compromise between the plain meaning (or literal) rule
and the mischief rule. Like the plain meaning rule, it gives the words of a statute their plain, ordinary
meaning. However, when this may lead to an irrational result that is unlikely to be the legislature's
intention, the judge can depart from this meaning. In the case of homographs, where a word can have
more than one meaning, the judge can choose the preferred meaning. If the word only has one
meaning, and applying this meaning would lead to a bad decision, the judge can apply a completely
different meaning.
13. 13. CONT… It is a very useful rule in the construction of a statute as it allows to adhere to the
ordinary meaning of the words used, and to the grammatical construction, unless that is at variance
with the intention of the legislature to be collected from the statute itself, or leads to any manifest
absurdity or repugnance, in which case it allows the language to be varied or modified so as to avoid
such inconvenience.
14. 14. This rule may be used in two ways. It is applied most frequently in a narrow sense where there is
some ambiguity or absurdity in the words themselves. For example, imagine there may be a sign
saying "Do not use lifts in case of fire." Under the literal interpretation of this sign, people must never
use the lifts, in case there is a fire. However, this would be an absurd result, as the intention of the
person who made the sign is obviously to prevent people from using the lifts only if there is currently
a fire nearby.CONT…..
15. 15. BEDFORD VS BEDFORD, 1935, is another interesting case that highlighted the use of this rule.
It concerned a case where a son murdered his mother and committed suicide. The courts were required
to rule on who then inherited the estate, the mother's family, or the son's escendants. The mother had
not made a will and under the Administration of Justice Act 1925 her estate would be inherited by her
next of kin, i.e. her son. There was no ambiguity in the words of the Act, but the court was not
prepared to let the son who had murdered his mother benefit from his crime. It was held that the literal
rule should not apply and that the golden rule should be used to prevent the repugnant situation of the
son inheriting. The court held that if the son inherits the estate that would amount to profiting from a
crime and that would be repugnant to the act
16. 16. CONT….. Thus, the Golden rule implies that if a strict interpretation of a statute would lead to an
absurd result then the meaning of the words should be so construed so as to lead to the avoidance of
such absurdity. A further corollary to this rule is that in case there are multiple constructions to effect
the Golden rule the one which favors the assessee should always be taken. This rule is also known as
the Rule of Reasonable Construction
17. 17. • Rule of Harmonious Construction - when there are two provisions in a statute, which are in
conflict with each other, they should be interpreted such that effect can be given to both and the
construction which renders either of them inoperative and useless should not be adopted except in the
last resort. Bengal immunity Co. vs. State of Bihar (1955) 6 STC 446 (SC).
18. 18. Noscere means to know and sociis means association. Thus, Noscitur a Sociis means knowing
from association. Thus, under the doctrine of "noscitur a sociis" the questionable meaning of a word or
doubtful words can be derived from its association with other words within the context of the phrase.
This means that words in a list within a statute have meanings that are related to each other. If
multiple words having similar meaning are put together, they are to be understood in their collective
meaning.SECONDARY RULES AKA RULES OF LANGUAGE - • Noscitur a sociis - When a word
is ambiguous, its meaning may be determined by reference to the rest of the statute.
19. 19. According to Maxwell, "this rule means that when two or more words susceptible to analogous
meaning are clubbed together, they are understood to be used in their cognate sense. They take as it
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were their colour from each other, i.e. the more general is restricted to a sense analoguous to a less
general".
20. 20. Ejusdem Generis - When a list of two or more specific descriptors are followed by more general
descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class,
if any, of the specific words that precede them e.g. vehicles in "cars,motor bikes,motor powered
vehicles" would be interpreted in a limited sense and therefore cannot be interpreted as including air
planes.
21. 21. The ejusdem generis, or ‘of the same genus’ rule, is similar though narrower than the more
general rule of noscitur a sociis. It operates where a broad or open-ended term appears following a
series of more restrictive terms in the text of a statute.Where the terms listed are similar enough to
constitute a class or genus, the courts will presume, in interpreting the general words that follow, that
they are intended to apply only to things of the same genus as the particular items listed.CONT…
22. 22. 5. There is no indication of a different legislative intent 4. A general term is present at the end of
the enumeration  3. The class or category is not exhausted by the enumeration  2. The subject of the
enumeration constitute a class or a category  1. The statue contains an enumeration of specific words 
following conditions must exist for the application of this rule -  In UP State Electricity Board vs
Harishankar, AIR 1979, SC held that the "Justice Hidayatullah explained the principles of this rule
through the following example - In the expression, "books, pamphlets, newspapers, and other
documents", private letters may not be held included if "other documents" be interpreted ejusdem
generis with what goes before. But in a provision which reads, "newspapers or other documents likely
to convey secrets to the enemy", the words "other documents" would include documents of any kind
and would not take their meaning from newspaper.
23. 24. REDDENDO SINGULA SINGULIS - • Reddendo Singula Singulis - When a list of words has a
modifying phrase at the end, the phrase refers only to the last word, e.g., firemen, policemen, and
doctors in a hospital. Here,"in a hospital" only applies to doctors and not to firemen or policemen.
24. 25. The reddendo singula singulis principle concerns the use of words distributively.Where a
complex sentence has more than one subject, and more than one object, it may be the right
construction to render each to each, by reading the provision distributively and applying each object to
its appropriate subject. A similar principle applies to verbs and their subjects, and to other parts of
speech.
25. 26. A typical application of this principle is where a testator says 'I devise and bequeath all my real
and personal property to B'. The term devise is appropriate only to real property. The term bequeath is
appropriate only to personal property. Accordingly, by the application of the principle reddendo
singula singulis, the testamentary disposition is read as if it were worded 'I devise all my real property,
and bequeath all my personal property, to B'.CONT…
26. 27. This rule has been applied in the case of Koteshwar Vittal Kamat vs K Rangappa Baliga, AIR
1969, in the construction of the Proviso to Article 304 of the Constitution which reads, "Provided that
no bill or amendment for the purpose of clause (b), shall be introduced or moved in the legislature of a
state without the previous sanction of the President". It was held that the word introduced applies to
bill and moved applies to amendmentCONT…..
27. 28. THANKS

Civil servants act 1974

1. 1. Mehr Khalid Ahmad Senior Institutional Development Specialist The Urban Unit , Govt of the
Punjab Contact:0300 636 1796 [email protected] 1
2. 2. Punjab Civil Servants Act, 1974 (4th, June 1974) 1. Short title, application and commencement:-
Punjab Civil Servants Act, 1974, all civil servants, 2. Definitions: (a) Ad hoc appointment. (b) Civil
Servant. Means a person who is member of a civil service of the Province or who holds a civil post in
connection with the affairs of the Province, but does not include person on deputation from Federation
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/ other provinces or authority, person on contract on work-charged, worker or workman. (c)

Government. (d) Initial Recruitment. (e) Pay. (f) Permanent post. 2
3. 3. (g)Prescribed. (g.a) Proforma Promotion. Means predating of promotion of civil servants or retired
civil servant with effect from the date of regular promotion of his Junior, for the purpose of fixation of
payand payment of arrears as may be prescribed. (g.b) Promotion, means appointment of a civil
servant to a higher post in the service or cadre to which he belongs. (h) Province. (i) Rules. (j)
Selection Authority. (k) Temporary Post. 3. Terms and Conditions: (Provided in this act and rules) 4.
Appointments:- As per prescribed manner (initial appointment, through prom0tion, through transfer ).
5. Probation: (Read with rule 7) initial recruitment---- 2 years--- discharge, promotion--- 1 year--
reverted, passing test/ examination/course /training, completion period satisfactorily--- EOL. 6.
Confirmation --- on successfully completion of probation period 3
4. 4. 7. Seniority: (Read with rule 8) Merit-in case of direct selection--- date of appointment, batch wise,
adhoc / contract w.e.f regular appointment – same date of joining--- promotee will be senior. EOL –
beyond five years – will be deducted - seniority determined. – promotion – retain inter see seniority in
the lower post. 8. Promotion: BS-01 to BS 18 seniority cum fitness 1. BS 19 and above selection on
merit 2. Proforma promotion 3. Dies or superannuated after selection authority recommends
promotion – authority may approve promotion w.e.f the day immediately before the day of his death
or superannuation. 9. Posting and Transfer: Any where within or outside the province / federal Govt. /
Local authority/corporation / other cadre – pay not less feasible. 4
5. 5. 10. Termination of Service--- during probation or extended period. – adhoc basis – on appointment
of a person / on 30 days notice or pay in lieu of – posts abolished / reduced – most junior person will
effect. 11. Reversion to a lower Post:-- adhoc appointment/ officiating basis before 1984 without
notice. 11(a) Certain Persons to be liable to removal or reversion: period 1-7-1972 to 05-07-1977
without notice in public interest 12. Retirement from service: On completion of 20 years qualifying
service for pension--- notice On completion of 60 years age. 13. Employment after retirement: (Public
interest) 14. Conduct: (Govt. servants conduct rules 1966. 15. Efficiency and discipline. (PEEDA Act
2006) 16. Pay: ( As per service rules) 17. Leave: Allowed leave in accordance leave rules – depend on
the exigencies of service – discretion of authority. The Punjab Revised Leave Rules 1981 5
6. 6. 18. Pension and Gratuity: During in Service Death, On retirement within one month (entitled as per
pension rules)--- in case of dismissal and removal from service--- Govt. may allowed compassionate
allowance 2/3 of pension / gratuity . 19. Provident fund. (Compulsory Deductions) Accounts
maintained by DAO. 20. Benevolent Fund and Group Insurance: (Punjab Govt. servants Benevolent
fund ordinance 1960 and Punjab Govt. employee welfare fund ordinance 1969) 21. Right of appeal or
representations: (with 60 days) 22. Saving: - nothing shall be construed to limit or abridge the power
of Governor to deal case of any civil servant – appear to him to be just and equitable. Not less
favourable than provided by this act or such rule. 23 Rules: (Governor or any person authorize in this
behalf may make such rules for carrying out the purpose of this act. 24 Repeal of Punjab Ordinance
No. II of 1974: 6
7. 7. Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 (24th, August 1974) 1.
Short title, application and commencement:- Punjab Civil Servants (appointment and condition of
service rules, 1974, (all civil servants), 2. Definitions: (a) All Pakistan Unified Grades (b) Appointing
Authority: (c) Autonomous or semi-autonomous organization: (d) Board: (e) Commission: (f)
Committee: 7
8. 8. (g) Department: (h) Functional Unit: (i) Grade: (j) Post: 3. Appointment: Appointment by
promotion, transfer or initial recruitment. Results of retrenchment / reorganization / posts or cadre
abolished – BS-16 an above – PPSC BS-1 to 5 – chief Minister or authorized officer treated as initial
recruitment. 4. Constitution of Selection Committees: (PPSC, DRC,DPC,PSB,) 5. Recommendation of
a Committee or a Board: (If not acceptable-- - with reason obtain orders of next higher authority) 6.
Appointing Authorities: (BS. 01 to BS. 16 --- departmental authorities, BS. 17 to 18--- Secretary
School Education BS. 19 and above--- Chief Minister Punjab) 7. Probation: 2 years- Initial
Recruitment. 1 year- Promotion. 7. A Lien – three years or confirmation against new post – whichever
is earlier. 8
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9. 9. 8. Seniority and Inter se Seniority: 9. Appointment by promotion or transfer (on the

recommendation of appropriate committee or board: 10. Qualification and other Conditions for
Promotion: (According to Service rules) 10(A) Appointment on acting-charge basis: (Less length of
service) 10(B) Appointment on Current-charge basis: ( less than one year period) 11. Appointment by
Transfer: ( According to Service rules) 12. Examination/Test for promotion to Higher grade: 13.
Appointment by promotion on officiating basis: Where a post falls vacant as a result of deputation,
posting outside cadre, leave suspension or appointment on acting charge basis--- but qualification and
experience – approved by the committee / Board / Commission 9
10. 10. 14. Departmental Promotion: Minimums qualification and experience. 14(A) Out of turn
promotion: ( Omitted on 2-11-2006) 15. Deputation: (Three years– Leave and pension contributed by
borrowing agency) 16. Initial Appointment: BS-16 and above – PPSC 17. Initial Appointment: BS-1
to BS-16, appropriate committee / board. 17(A) Appointment against in service death/ declared
invalidated/ in-capacitated.( One child / Wife / Widow– no Ban / BS. 01 to BS. 05 including Junior
Clerk BS. 07 if eligible other wise– for higher Posts --- 10 additional marks in the aggregate if
qualifies test / Interview etc placed at bottom of the merit. 18. Age Limit: ( Prescribe for each post
according to Service rules– Qualification / Experience --- in case of written test ---- 1st January and
otherwise closing date ) 19. Citizen of Pakistan: (Married with f0reign national is not eligible---
condition relaxable by Government. 10
11. 11. 20. Domiciled in the Province of Punjab: 21. Medical Fitness: Candidate good mental and bodily
health and free from and physical defect: 21(A) Character Certificate: Character Certificate from the
Principal Academic Officer. From 2 responsible persons not being his relations. Initial Recruitment
subject to verification of character and antecedent of the candidate. Date of birth – once recorded at
the time of joining of Government Service shall be final – no alteration shall be permissible .
completion of process of appointment with 190 days from the date of issue of recommendation. fails
to join with period specified – order automatically stand canceled. 21(B)Change of Name;
(Administrative Secretary --- academic records and CNIC --- Female --- Marriage or Divorced ---
CNIC --- Notification 22. AD Hoc Appointment Procedure: ( Against direct Quota --- requisition ---
less than 1 year – through selection committee 23. Relaxation of Rules: by Chief Minister In any
individual case of hardship. 11
12. 12. Appointment year wise 2002, 2003Seniority of Educators on regularization & Appointment on
school based merit Ref :- School Edu. Deptt. No. SO (SE-III) 2- 16/2007 Dated 19-10-2009 DPI (SE)
Punjab No. 753/AD (G) Dated 23-01-2010 13
13. On the bases highest score Academic + Interview 73 + 5 = 78
14. Senior most Equal score 70 + 4 = 74
15. 71 + 3 = 74 Higher marks in interview
16. --- senior Equal marks 68 + 3 = 71
68 + 3 = 71 Older in age
----- senior Equal marks Date of Birth same 60 + 3 = 63
60 + 3 = 63 Batter marks in prescreened academic
qualification 415/800 ---- senior 395/800---- junior Transfer from other district Date of joining in new
district At the bottom of batchon ward

Law and Parliamentary affairs department, punjab.

1. 1. Law & Parliamentary Affairs Department, Punjab A BRIEF OVERVIEW OF STRUCTURE,
FUNCTIONS, ACCOMPLISHMENTS AND LETDOWNS WITH POSSIBLE SUGGESTIONS.
2. Department A self-contained administrative unit in the Secretariat responsible for the conduct
of business of the Government in a distinct and specified sphere, and declared or constituted
as such under the Rules of Business e.g. Law & Parliamentary Affairs Department
3. 5. Conducts litigation in criminal and civil courts on behalf of the state and the Provincial
Government.Legal, constitutional and legislative matters Tenders advice to the Provincial
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Government Departments Administrative department of the Government of Punjab Law

and Parliamentary Affairs Department, Punjab
4. 6. Chief, Public Defender, Punjab.Administrator General and Official Trustee, Punjab.
Solicitor to Government, Punjab. Attached Departments
5. 7. Autonomous Bodies & Companies Punjab Judicial Academy
6. 8. Special Institution Provincial Assembly of the Punjab Office of the Advocate General,
Punjab
7. 9. Structure
8. 10. Communication between Federal and Provincial GovernmentsMay visit any place
General Control Structure Law Secretary will be the head of the department and performs:
9. 11. Will attend the legislative assembly Will represent the state  Will give advise on all
judicial proceedings Structure Advocate General will be the whole Time employee of
Government
10. 12. Assistant Advocate GeneralsAdditional Advocate Generals Additional Secretaries
Structure
11. 13. Local AgencyLegal Advisor Structure
12. 14. Functions
13. 15. Conduct of Government litigationDelegated Legislation, such as Rules, Regulations,
Bye-Laws, Agreements and Memoranda of Understanding Substantive Legislation
Functions Law and Parliamentary Affairs Department shall be consulted by other
Departments on the following matters:
14. 16. Pauper SuitsWhenever civil proceedings are instituted against the Government Before
instituting civil proceedings in a court of law in which the Government is involved Questions
arising out of any case Advice to Departments on all legal matters including interpretation of
laws Functions
15. 17. Law and Parliamentary Affairs Department may issue Instructions for making and
execution of contractsObtain orders of the Governor for the prorogation of the Assembly
Obtain orders from the Governor for convening a session of the Provincial Assembly
Functions
16. 18. Law and Parliamentary Affairs Department is not, in respect of legislation, substantive or
delegated, an originating office, and its proper function is to put into correct legal form the
proposed legislationFunctions
17. 19. Codification of substantive laws or legislation for the consolidation of existing
enactments, or legislation of a purely formal character, such as repealing and amending Bills
and short title Bills, may be initiated by Law and Parliamentary Affairs DepartmentFunctions
18. 20. No Department shall engage a private counsel for representing it in any case before the
High Court, Federal Shari’at Court or the Supreme Court of Pakistan, except with the prior
permission of the LawFunctions Engaging a Private Counsel & Parliamentary Affairs
Department and its approval by the Advocate General
19. 21. Achievements
20. 22. Establishment of Law Portal oOnline Repository of Punjab laws oFree Public Access
oContent management system oReferencesAchievements
21. 23. System Features oOnline Access to Principal (substantive) laws oOnline Access to
Punjab Gazettes oService Rules oAmending Laws oProposed BillsAchievements
22. 24. Urdu Translation of LawsThe Punjab Sikh Anand Karaj Marriage Act, 2018 Control of
Commercial Training Institutes Achievements
23. 25. Efforts in optimizing the economic Factors oMOU’s signed with GPCCI oEnhanced
Scope of Legal frameworks oEradication of Harassment with women o Suppression of Child
labor, abuse and exploitationAchievements
24. 26. Achievements Appreciation from Chief Minister
25. 27. Failures
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26. 28. Hesitant to provide legal opinionsOffice of the Public Defender is an invisible No
Proper Training is given to newly inducted Judges of the Lower Courts by Punjab Judicial
Academy FAILURES
27. 29. NepotismRed Tapism Failed to remove ambiguities from the pieces of legislation or
sub-ordinate legislation FAILURES
28. 30. No Public Interest Litigation filed by the DepartmentState Attorneys are open to bribe
FAILURES
29. 31. Proposed The Human Organ Transplantation Authority Bill, 2017Proposed The
Protection against Harassment of Women at Workplace (Amendment) Bill, 2013 FAILURES
30. 32. Recommendations
i. The Judicial Academy should be more actively involved in training of incumbent
judges of the lower courts
ii. The Judicial Academy should act as a platform of training and learning for the newly
inducted judges of the lower courts.
iii. A realistic timeline should be given to the Department for giving legal advice
iv. The Role of the Department should not be just limited to correcting pieces of
proposed legislation and sub- ordinate legislation
v. The term formal and informal pieces of legislation should be clearly defined so that
the department may draw a clear line for its role in legislation
vi. The Department should vet the existing laws at its own and give recommendations to
the concerned departments for removal of ambiguities
vii. The Punjab Government Rules of Business, 2011 does not provide the involvement
of the Department in drafting ordinances.
viii. The Department should stop working for the pleasure of Chief MinisterOfficers of
the Department should stop taking instructions from the higher authorities and
discharge their duties independently
ix. Nepotism should be uprooted or the Department will end up as “a department full of
smart phones and dumb people”
x. A realistic timeline should be given to the Department for giving legal advice .

Principles of criminal law

1. Theories are reflection of empirical issues. Criminal law somehow passes similar level of instances
for making society more safer and reliable.  These are always relative and also contextual to some
featured events.  Principle enables lawyer to link with academia and also practices.  Generally
criminal laws are developed on certain accepted norms and values among judiciary and litigants. 1.
THINGS TO CONSIDER…
2. 2. PRINCIPLES OF CRIMINAL LAW
3. 3. Beyond a reasonable doubt is the highest burden of proof in any court in the United States.
Criminal cases must be proven beyond a reasonable doubt. It is Blackstone's formulation "It is better
that ten guilty persons escape than that one innocent suffer".  Reasonable doubt is a term used in
jurisdiction of common law countries. Evidence that is beyond reasonable doubt is the standard of
evidence required to validate a criminal conviction in most adversarial legal systems. (A) BETTER
TO RELEASE NINE SUSPECTS THAN TO DETAIN/PUNISH THE ONE WHO DID NOT
COMMIT CRIME
4. 4. It has long been recognised by the international community as a basic human right. Despite this, it's
a right that is being abused in countries across the globe with devastating human and social
consequences Fair trials are the only way to prevent miscarriages of justice and are an essential part
of a just society. Every person accused of a crime should have their guilt or innocence determined by a
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fair and effective legal process. (B) EVERY ACCUSED SHOULD BE PROVIDED FAIR
OPPORTUNITY TO DEFEND HER/HIMSELF
5. 5. In essence, the double jeopardy clause holds that once an accused person has been acquitted,
convicted, or punished for a particular crime, they cannot be prosecuted or punished again for the
same crime in the same jurisdiction. The double jeopardy clause is present in the Fifth Amendment to
the U. S. Constitution, which provides that “No person shall ... be subject for the same offense to be
twice put in jeopardy of life or limb.”  The legal term double jeopardy refers to the constitutional
protection against being made to stand trial or face punishment more than once for the same criminal
offense. (C) NO OFFENDER SHOULD BE PUNISHED TWICE FOR THE SAME OFFENCE
(DOCTRINE OF JEOPARDY - NEMO DEBET BIS PUNIRI PRO UNO DELICTO)
6. 6. Being subjected to more than one punishment for the same offense. Being tried again for the same
offense after being convicted; or  Being tried again for the same offense after being acquitted;  In
legal terms, “jeopardy” is the risk (e.g. prison time, fines, etc.) faced by defendants in criminal trials.
Specifically, the double jeopardy clause can be claimed as a valid defense in three cases: 
7. 7. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which
must collect and present compelling evidence to the trier of fact. In many states, presumption of
innocence is a legal right of the accused in a criminal trial, and it is an international human right under
the UN's Universal Declaration of Human Rights, Article 11.  The presumption of innocence is the
legal principle that one is considered innocent unless proven guilty. It was traditionally expressed by
the Latin maxim ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who
declares, not on one who denies”). (D) EVERY ACCUSED SHOULD BE SUPPOSED IGNORANT
UNTIL PROVEN GUILTY
8. 8. The accused may have failed to prove his plea but he gets a benefit which, whether it is called the
benefit of the exception pleaded or of doubt on the whole case, is available to him only because he has
succeeded in throwing the existence of an ingredient of the offence into the region of reasonable
doubt. The accused would be entitled to an acquittal because the prosecution has failed to discharge
its special burden of eliminating doubts. (E) BENEFIT OF DOUBT GOES TO THE ACCUSED
9. 9. (F) NO ONE SHOULD BE PUNISHED IN THE ABSENCE OR BEYOND THE LAW No
punishment without law: the principle that only the law can define a crime and prescribe a penalty.
Article 7 of the European Convention on Human Rights– No punishment without law
“ 1. No one shall be held guilty of any criminal offence on account of any act or omission which did
not constitute a criminal offence under national or international law at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the
criminal offence was committed.
2. This article shall not prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according to the general principles of law
recognised by civilised nations.”
10. 10. It also brought into common parlance the oft-quoted aphorism "Not only must Justice be done; it
must also be seen to be done." It is famous for its precedence in establishing the principle that the
mere appearance of bias is sufficient to overturn a judicial decision.  R v Sussex Justices, ex parte
McCarthy ([1924] 1 KB 256, [1923] All ER Rep 233) is a leading English case on the impartiality and
recusal of judges. (G) JUSTICE SHOULD NOT ONLY BE DONE BUT ALSO SEEN TO BE
DONE
11. Judicial discussions of the term followed Pinchon's case in Hambly v. Trott and later Phillips v
Homfray. The Kings Bench first used the maxim in Cleymond v Vincent(1523) but it was
popularized by Edward Coke, with cases like Pinchons Case (1616), and Bane's Case, and to some
extent with Slades Case. (1605)  The maxim is first quoted in a case from 1496, where a woman
against whom a defamation judgment was issued died before paying the damages to the tortfeasor. 
...not in fact the source from which a body of law has been deduced, but a confusing expression,
framed in the solemnity of the Latin tongue, in which the effect of death upon certain personal torts
was inaccurately generalised.  It has been argued by academics and acknowledged by the courts that
notwithstanding the Latinate form in which the proposition is expressed its origins are less antiquated.
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It has been described by one Lord Chancellor (Viscount Simon) as:  Actio personalis moritur cum
persona is a Latin expression meaning "a personal right of action dies with the person". 
(H) PERSONAL ACTION DIES WITH THE PERSON (ACTIO PERSONALIS MORITUR CUM
PERSONA
j) The best witness is the accused who confesses his guilt (habmus optimum testem confitentem reum)
(k) In the interest of republic/state, crime should not go unpunished (no impunity) (Intrest republicae
ne maleficia remaneant impunitia)
(l) (Positive or written law may be disregarded rather than leave crimes unpunished (receditur a
placitis juris potius quam injuriae et delicta maneant impuniita)
m) No one must be punished for the wrong of another (Nemo punitur pro alieno delicto)
(n) Drunkenness manifests crime and also makes it more serious (omne crimen abrictas et incendit et
detegit) (o) That which is confiscated as a penalty need not be returned (Quod a quo quo poenae
nominee exactum est id eidem restittuere nemo cogitur): (p) Person committing crime would be held
liable (Jasle Angar khanchha usle kalo hagdachha- A Nepali legal saying) (q) Ignorance of fact is an
excuse but ignorance of law is not an excuse (Ignorantia facit execusat: Ignorantia juris non execusat)
(r) Secret intention is evil (Intentio caeca mala )
12. 15. (I) HE WHO KNOWS BUT CANNOT PREVENT IS NOT GUILTY (CULPA CARET, QUI
SCIT, SET PROHIBERE NON POTEST)