Categories
Environment Law

Environmental Laws and Policies in Pakistan

Top Law Firms in Karachi PakistanWe are one of the Pakistan’s leading environmental law firms. Unlike many firms, we have a standalone environment group – not a team that is an add-on to a real estate, planning or energy practice.

Our approach is practical and commercial.  We help our clients assess risk and avoid problems. Where they do have problems, we help solve them. Where damage is inevitable, we strive to limit it, with particular emphasis on protecting reputation and, when necessary, individuals.

We usually work with our clients to avoid litigation. But when we can’t avoid it, our combination of in-depth commercial understanding and criminal advocacy know-how makes us a formidable force. We also have an experience of the appeals system and judicial review.

In non-contentious areas, our environment lawyers do a wide variety of ‘pure’ environmental work, as well as advising on risk assessment and apportionment in corporate, property and financing transactions. They also work closely with our specialists in the areas of planning, energy and International law.

Our clients include European and US investors in the Pakistan, government departments and agencies, local authorities, banks, investment funds, landowners, utility operators, property companies, landfill operators, professional bodies and companies from many other sectors, including manufacturing, waste, chemicals, construction, house building, rail, mining, quarrying, oil and energy.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

Submit Your Query For a Legal Advice

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Environmental Laws and Policies.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Employment

Personal Injury Law in Pakistan

Work Place Accidents – If you have had a personal injury or an accident at work which was not your fault then you could be entitled to a claim.

We negotiate hard to make sure you get what you are entitled to.

Examples of work place accident claims are accidents on a building site, shop, restaurant, warehouse, farm, factory or in an office.

Slip/Trips Accidents – This is one of the most common types of accident that people have. Even a simple slip can result in very serious injuries to the back, broken bones and head injuries. A lot of the trips and slips can occur in the work environment due to poor health and safety. You may be awarded damages if the slip or trip was not your fault. Whatever the cause of your trip or slip there is a possibility that you may be entitled to compensation. You shouldcontact us for advice.

Road Traffic Accidents – If you have been involved in a road traffic accident which was not your fault then you may be entitled to make a personal injury claim.

If you are a passenger in a collision then the claim will be made against the insurance company of the person who is responsible for the accident occurring.

If the accident occurs when you are out of the country you may also be eligible to a claim.

We can also help you with:

  • Accidents in public places.
  • Children’s accidents.
  • Head injury claims.
  • Spinal injury claims.
  • Fatal accident claims.
  • Product liability claims.
  • Professional negligence.
  • Public Health claims.
  • Work related upper limb disorders.
  • Industrial accidents and diseases.
  • Work place illnesses.
  • Criminal Injuries Compensation.

Fell Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
About us

Lawyers and Advocates of our Law Firm at Thatta Sindh Pakistan

The Lawyers &  Advocates of Law Firm at Thatta are well trained in the Property Law, Criminal Law, Corporate Law, Family & Divorce Law and Civil Litigations.

Irfan Mir Halepota & Associates is a truly law firm, uniquely positioned to help our clients achieve their ambitions in today’s world. Our Office at Thatta, caters need of our clients based in Thatta.

As a pioneering law firm, our expertise and diverse team of well qualified lawyers consistently deliver results for our clients at Thatta.

In both established and emerging markets, our lawyers are integral, long-standing members of the community, giving our clients insights into the local business environment.

We work with some of the world’s most respected and well-established banks and businesses, as well as start-up visionaries, governments and state-owned entities. Our Team of Advocates and Lawyers at Thatta provide services in following fields of law:-

Civil / Property Litigation

Corporate Law

Criminal Law Litigation

Banking Law Litigation

Bankruptcy or insolvency

Child support or maintenance

Child custody

Court marriage

Divorce & Khula

Family Law matters

Property inheritance matters.

 

Fell Free to Contact Us for detailed consultation.

Telephone: +92 321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Criminal Laws

Criminal Law

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the case, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
A “crime” is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the Pakistan are established by Provincial and federal governments.
Crimes include both felonies (more serious offenses – like murder or rape) and misdemeanors (less serious offenses – like petty theft etc ). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or “actus reus,” and a mental state, or “mens rea”. Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the judge “beyond a reasonable doubt” of every fact necessary to constitute the crime charged.

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

Email: info@irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Criminal Laws

Law of Bail in Criminal Cases in Pakistan

Law of Bail in Criminal Cases in Pakistan.

CHAPTER XXXIX – OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer incharge of a police-station or appears or is brought before a Court, and is prepared at any lime while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer of Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of section 107, subsection (4), or section 117, sub-section (3).
497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of nonbailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or [imprisonment for life or imprisonment for ten years].Pakistan: Code of Criminal Procedure 1898 Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given notice to show cause why he should not be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, direct that any person shall be released on bail–
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) Ah officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court Is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.
[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction.]

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Categories
Environment Law

ENVIRONMENTAL TRIBUNAL RULES,

ENVIRONMENTAL TRIBUNAL RULES, 1999

Some Definitions as described in Pakistan Environmental Tribunal Rules as as under :-

“Act” means the Pakistan Environmental Protection Act, 1997

“Bench” means a bench of tribunal comprising the Chairperson
and at least one other Member;

“Chairperson” means Chairperson of the Tribunal;

“Corporation service” means employment in a corporation or other
body set up, established, owned, managed or controlled by the Federal or
a Provincial Government;

“Director General” means the Director-General of the Federal
Agency;

“Member” means member of the Tribunal;

“Service of Pakistan” shall have the same meaning as defined
clause (1) of Article 260 of the Constitution of the Islamic Republic of
Pakistan, 1973;

“Tribunal” means Environment Tribunal established under subsection
(1) of section 20 of the Act and includes a Bench.
(2) All other words and expressions used in these rules but not defined shall
have the same meanings as are assigned to them in the Act.

The term of office of the Chairperson and Members shall not exceed three
years: Provide that the Federal Government may extend the term of office of the
Chairperson or any Member for such period, not exceeding three years, as it may deem fit.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Website:  http://www.irfanlaw.com

 

Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of Environmental Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
About us

CIVIL LITIGATION IN KARACHI PAKISTAN

OUR Law Firm knows how to face challenges arising out of difficult and complex civil cases. We are a well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We have a team of widely known Advocates and Lawyers specializing in all areas of civil litigation, who practice in Civil Courts, District Courts and High Court. The superior Court in Pakistan is Supreme Court of Pakistan the judgements of Honourable Supreme Court of Pakistan are binding on all High Courts and sub-ordinate Courts.

Our Lawyers keep fully engage with clients at all stages of their cases that occur during litigation. Our team is highly experienced and has dealt with thousands of cases in Pakistan with a proven record of accomplishment of winning.

Our specialized team studies all available options in relation to cases and then advises client on the best legal option before the courts. We are sufficiently experienced and professionally equipped to fight in order to achieve the success.

OUR professional team deals with all aspects of juridical administrations facing our clients. We work hard to utilize effective measures in order to shun and avoid problems. We take aggressive legal approach to protect clients’ rights and business plans from others’ aggression.

We have very vigilant and aggressive approach in dealing with Civil Litigation including:

Our services include but no limited to:

Partition of Properties, Cancellation of Documents, Specific Performance of Contracts, Restoration of Possession of Properties, Permanent Injunctions, Suits for Dissolution of Partnerships, Rendition of Accounts, Recovery of Money and Mesne Profits, Declaration of Rights with Consequential Relief, Benami Transactions, Recovery of Damages, Succession Certificates, Stay Orders, Constitutional Writ Petitions before the High Courts, Recovery of Bad Debts and Loans:

Our Law Firm deals with cases of Special Laws relating to:

Consumer Protection, Environmental Protection, Electricity, Gas and Petroleum, Service Matters, Intellectual Property, Excise and Customs, Import & Export.

Ejectment of tenant, Fixation of fair rent, Recovery of rent amount, Registration of rent deeds, Rent Appeals.

Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant and aggressive manner.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Litigation

Criminal Litigation Law Firm in Karachi, Pakistan

We are among the top criminal Defence lawyers specialized for criminal litigation and represent in various Courts of Karachi, Sindh, Pakistan. Our Lawyers are among the top for criminal cases and deal in criminal issues such as banking frauds, intellectual property frauds, violation of cyber laws like the stealing of data and other such forgery, piracy cases, cheque dishonor cases, Narcotics and Drugs violations, Custom & Excise Laws, General Criminal laws namely Bails, Trails, Evidence, Suspension of Sentences, Appeals, Revisions, Quashing of FIR and Criminal Writs.

In today’s world the crime rate is increasing and the corporate world is no longer safe from it. Lot of crime is happening in day to day routines in big companies. That is why we have good number of corporate clients who seeks our advice in various employee activities.

Criminal Cases are the most difficult tasks to handle as compared to civil cases. The lawyers for criminal laws should be very dedicated in saving the life or the imprisonment or any penalty of the innocent persons. Our Lawyers are experienced people who are well versed in all types of laws related to criminal cases. We have saved many of our clients from being penalized for miscellaneous issues and we enjoy good faith in all our clients and our network is very strong and our capabilities are very robust for criminal cases.

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil and Criminal Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Criminal Laws

Dischonour of Cheque

Dischonour of Cheque

Defination of “dishonoured cheque”, which when presented in the Bank same is refused of payment by the bank because of insufficient funds or it is not in order, it is called dishonestly issuing a cheque is a criminal offence in Pakistan. Dishonestly issuing a cheque is governed by section 489-F of the Pakistan Penal Code, 1860. The said section reads as follows:

489-F Dishonestly issuing a cheque: Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonoured on presentation shall be punishable with imprisonment which may extend to three years and with fine unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.

The offence under this section is cognizable by police, non-bailable and compoundable.

Please note each case has to be seen on its own facts and circumstances.

Our Team is well trained to advice you on cheque bouncing, recovery of debt, recovery of money, legal notice for cheque dishnonour, lodging of First Information Report (F.I.R.) and other related matters to individual persons, firms, companies & Corporations both local and foreign. You can contact us for detailed consultancy and advice.

Supreme Court of Pakistan is situated in Islamabad and its registry at Karachi.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 


Categories
Criminal Laws

Cyber Crime Laws Pakistan

Cyber Crime Laws PakistanThe Prevention of Electronic Crimes Act, 2015 is promulgated in Pakistan. Under the prevention of Electronic Crimes Act, following are the crimes punishable under law:-

 

Unauthorized access to information system or data – If any body with malicious intent gains unauthorized access to any information system or data shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one hundred thousand rupees or with both.

Unauthorized copying or transmission of data – If any person with malicious intent and without authorization copies or otherwise transmits or causes to be transmitted, any data whether by gaining access to such data or otherwise, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupess or with both.

Unauthorized access to critical infrastructure information system or data – Whoever with malicious intent gains unauthorized access to any critical infrastructure information system or data shall be punished with imprisonment upto three years or with fine which may extend to one million rupees or with both.

Criminal Interference with information system or data– Whoever with malicious intent and without authorization interferes with or damages or causes to be interfered with or damaged any information system or any part thereof, or data or any part thereof, shall be punished with imprisonment which may extend to two years or with fine which may extend to five hundred thousand rupees or with both. Explanation: Interference refers to doing of any unauthorized act in relation to an information system or data that may disturb normal working of such information system with or without causing any actual damage to such information system.

Criminal Interference with critical infrastructure information system or data– Whoever with malicious intent and without authorization interferes with or damages, or causes to be inferred with or damaged, any critical information system or any part thereof, or critical infrastructure data or any part thereof, shall be punished with imprisonment which may extend to seven years or with fine which may extend to five million rupees or with both.

Cyber terrorism –Whoever commits or threatens to commit any of the offences under sections 5 and 7 where- (a) the use or threat is designed to coerce, intimidate, overawe or create a sense of fear, panic or insecurity in the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society; or (b) the use or threat is made for the purpose or motive of advancing a religious, ethnic or sectarian cause; shall be punished with imprisonment of either description for a term which may extend to fourteen years or with fine which may extend to fifty million rupees or with both.

Electronic forgery.- (1) Whoever, for wrongful gain, interferes with any information system, device or data, with intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to two hundred and fifty thousand rupees or with both. (2) Whoever commits offence under sub-section (1) in relation to a critical infrastructure information system or data shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to five million rupees or with both.

Electronic fraud– Whoever for wrongful gain interferes with or uses any information system, device or data or induces any person to enter into a relationship or with intent to deceive any person, which act or omission is likely to cause damage or harm to that person or any other person shall be punished with imprisonment for a term which may extent to two years or with fine which may extend to ten million rupess, or with both.

Making, supplying or obtaining devices for use in offence – Whoever produces, makes, generates, adapts, exports, supplies, offers to supply or imports for use any information system, data or device intending it primarily to be used or believing that it is primarily to be used to commit or to assist in the commission of an offence under this Act shall, without prejudice to any other liability that he may incur in this behalf, be punished with imprisonment for a term which may extend to 6 months or with fine which may extend to fifty thousand rupees or with both.

Identity crime – (1) Whoever obtains, sells, possesses or transmits another person’s identity information, without lawful justification shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to fifty thousand rupees, or with both. (2) Any person whose identity information is obtained, sold, possessed or retains may apply to the Court competent to try offence under sub-section (1) for passing of such others as the Court may deem fit in the circumstances for securing, destruction or preventing transmission of any such data.

Unauthroized issuance of SIM cards etc – Whoever sells or otherwise provide subscriber identity module (SIM) card, re-usable identification module (R-IUM) or other portable memory chip designed to be used in cellular mobile or wireless phone for transmitting and receiving of intelligence without obtaining and verification of the subscriber’s antecedents in the mode and manner approved by the Authority shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five hundred thousand rupees or both.

Tempering etc. of communication equipment – Whoever changes, alters, tampers with or re-programs unique device identifier or international mobile station equipment identity (IMEI) number of any stolen cellular or wireless handset and unlawfully or without authorization starts using or marketing it for transmitting and receiving intelligence through such mobile or wireless handsets shall be punished with imprisonment which may extend to three years or with fine which may extend to 1 million rupees or both.

Unauthorized interception– Whoever intentionally commits unauthorized interception by technical means of- (a) any transmission that is not intended to be and is not open to the public, from or within an information system; or (b) electromagnetic emissions from an information system that are carrying data, shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to five hundred thousand rupees or with both:

Offence against dignity of natural person– (1) Whoever, with malicious intent, knowingly and publicly exhibits, displays, transmits any electronic communication that harms the reputation of a natural person, threatens any sexual acts against a natural person; superimposes a photograph of the face of a natural person over any sexually explicit images; distorts the face of a natural person; or includes a photograph or a video of a natural person in sexually explicit conduct, without the express or implied consent of the person in question, intending that such electronic communication cause that person injury or threatens injury to his or her reputation, his or her existing state of privacy or puts him or her in fear for him or her safety shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one million rupees or with both. (2) Whoever commits an offence under sub-section (1) with respect to a minor, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten million rupees or with both. (3) Any aggrieved person or his guardian where such person is a minor, may apply to the court for passing of such orders for removal, destruction or blocking access to such material referred in sub-section (1) and the Court on receipt of such application may pass such orders as deemed proper in the circumstances.

Malicious code – Whoever wilfully writes, offers, makes available, distributes or transmits malicious code through an information system or device, with intent to cause harm to any information system or data resulting in the corruption, destruction, alteration, suppression, theft or loss of information system or data shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees or both: Provided that the provision of this section shall not apply to the authorized testing, research and development or protection of any code for any lawful purpose: Explanation.- For the purpose of this section the expression “malicious code” includes a computer program or a hidden function in a program that damages any information system or data or compromises the performance of the information system or availability of data or uses the information system resources without proper authroization.

Cyber stalking – (1) Whoever with intent to coerce, intimidate, or harass any person uses information system, information system network, internet, website, electronic mail or any other similar means of communication to,- (a) communicate obscene, vulgar, contemptuous, or indecent intelligence; (b) make any suggestion or proposal of an obscene nature; (c) threaten any illegal or immoral act; (d) take or distribute pictures or photographs of any person without his consent or knowledge; (e) display or distribute information in a manner that substantially increases the risk of harm or violence to any other person commits the offence of cyber stalking. (2) Whoever commits the offence specified in sub-section (1) shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees, or with both: Provided that if the victim of the cyber stalking under sub-section (1) is a minor the punishment may extend to three years or with fine may extend to ten million rupees, or with both. (3) Any person may apply to the court for issuance of a restraining order against an accused of cyber stalking and the court upon receipt of such application may pass such order as deemed appropriate in the circumstances of the case.

Spamming – (1) Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited intelligence to any person without the express permission of the recipient, or causes any information system to show any such intelligence commits the offence of spamming. (2) Whoever commits the offence of spamming as described in sub-section (1) shall be punished with fine not exceeding fifty thousand rupees if he commits this offence of spamming for the first time and for every subsequent commission of offence of spamming he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one million rupees or with both.

Spoofing – (1) Whoever dishonestly, establishes a website or sends any intelligence with a counterfeit source intended to be believed by the recipient or visitor of the website, to be an authentic source commits spoofing. (2) Whoever commits spoofing shall be punished with imprisonment for a tem which may extend to three years, or with fine which may extend to five hundred thousand rupees or with both.

Legal recognition of offences committed in relation to information systems – (1) Notwithstanding anything contained in any other law, an offence under this Act or any other law shall not be denied legal recognition and enforcement for the sole reason of such offence being committed in relation to, or through the use of, an information system. (2) References to “property” in any law creating an offence in relation to or concerning property, shall include information systems and data. (3) References in any law creating an offence to an act shall include actions taken or caused by use of an information system. (4) References to an act by a person in this Act or any law establishing an offence shall include acts done or to be done by or through automated mechanisms and self executing, adaptive or autonomous devices, programs or information systems.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Cyber Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582