Roll Number: 23110213

Word count: 253

Introduction to Pakistan Legal System – Quiz 2

Spring 2019-20

Instructions:

1. Write your roll number in the space provided above.

2. Restrict your response to a maximum of 650 words. Mention the final word count
in the space provided above.
3. Spend a few minutes reading the question, understand the relevant facts, and then
write a response in the space provided below.
4. Submit the file as an MS Word document on LMS.
5. Recommended laws:
a. Code of Criminal Procedure, 1898
b. Code of Civil Procedure, 1908

Question [10 marks]:

A few weeks ago, A attended a luncheon. One day after this event, he found out that the
hosts of the luncheon (X and Y) were diagnosed to be COVID-19 positive. Three days
after finding out about X and Y’s test results, A hosted a dinner for 5 people at his house.
While serving dessert, A expressed his concern about how X and Y’s health had
deteriorated since they were diagnosed with COVID-19. Upon further inquiry, the guests
found out that A might be a carrier as well due to his proximity to X and Y at the
luncheon. Concerned for their safety, 3 guests, B, C, and D, immediately left, while E and
F stayed for tea. Within the next 6 days, A, and all five dinner guests, were diagnosed as
COVID-19 positive. All six of these people became seriously ill and ended up spending a
hefty amount on their medical treatment.

Soon after B, C, and D were diagnosed, they reported A to the police under S. 269 and
270 of the Pakistan Penal Code, for negligently and malignantly “doing any act known to
be likely to spread infection of any disease dangerous to life”. They have also approached
you to find out what legal recourse they have under criminal and civil law. Restricting
your response only to procedural matters, guide the clients, highlighting the following
points under criminal and civil law:

 Criminal law:
o What document/form will the complaint to the police be recorded in? How
will police investigation begin?
o Can the police arrest A? If so, can A seek bail?
o When will A be taken to court, by whom, and which court can he be tried
in?
o What are the possible legal outcomes of the criminal case?
  Civil law:
o How can they initiate a civil case?
o Who can be party to the civil case?
o What remedies can they seek from the court?
 Can both civil and criminal cases run simultaneously?
 Can the parties take back either/both the civil and criminal cases?

Note: Use appropriate legal terminology in your response. Inaccurate usage of terms may
lead to marks deduction.

Answer: First of all, the affected party would file an FIR against person A. After
evaluating the FIR, police will arrest the person A. depending upon whether the
aggrieved party is seeking the damage i.e., the money which would be spent on them
during the treatment of that disease or punishment, the case would be trailed in civil or
criminal court. In criminal case the police would further forward the case to magistrate.
After evaluating by the magistrate the case will be proceeded in the session court or
magistrate court depending upon the terms of the case. According to the 2 nd schedule,
cases like these are bailable so the defendant would get the bail. However, depending
upon the situation the case could be trailed in session or magistrate court.
On the other hand, in civil case the plainter would file a plaint against the
defender, which would explain the nature of the case paragraph wise. After that, judges
would see the maintainability of the case. If accepted, plainter would repond within 30
days. Plainter and the defender are both the parties in the civil case. The plainter can seek
the damage that that virus would cause. For instance, the money which would be spent on
them during the treatment of that disease. Both the cases can run simultaneously,
however the punishment would be only one. The parties can take back their cases. If the
affected party is deceased their family members can also take bake from the case or
pursue further that case.