Roll Number: 21100052

Word count: 189

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: Since this is a cognizable offence, a FIR will be filed. The police will begin its
investigation and will arrest the A. A will remain in the police remand for 24 hours after
which he will be presented in front of either first or second class magistrate. The offence
is bailable so A can seek bail. A can be imprisoned and can have a fine imposed on him.
A can also be found not guilty.
The plaintiffs will have to file a plaint. The two parties are plaintiffs vs defendant. A will
have to submit a written document in his defense. If A disagrees with the plaint of the
plaintiffs, then the court will have a proceeding over the issues of fact. If A agrees with
the plaint, the court will move to process of issues of law. The court might find him
guilty or not. The plaintiffs can seek remedies in terms of monetary compensation for the
medical bills.
The civil and criminal cases can both run simultaneously but it is upto the court’s
discretion. And since the crime is non-compoundable, the case can not be taken back.