Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Proof as to Electronic Signature Section 66
1. IntroductionWith the recognition of electronic records and electronic signatures under Indian law, it became essential to prescribe rules for proving the authenticity of electronic signatures. Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 specifically deals with the manner in which an electronic signature is to be proved when its genuineness is disputed before a Court.

2. Statutory Provision under Section 66
Section 66 provides that:

• Where an electronic signature is alleged to have been affixed by a subscriber to an electronic record,
• The party relying upon such electronic record must prove that the electronic signature belongs to that subscriber.

Thus, the burden lies on the party asserting the validity of the electronic signature to establish that it was affixed by the person to whom it is attributed.

3. Meaning of “Subscriber”
A subscriber refers to a person who:

• Has obtained an Electronic Signature Certificate (ESC) from a Certifying Authority, and
• Is authorised and certified under the provisions of the Information Technology Act, 2000 to affix an electronic signature.

The certifying authority verifies the identity of the subscriber and issues the certificate, which forms the foundation for proving the electronic signature.

4. Nature and Extent of Proof Required
To prove an electronic signature under Section 66, it must be shown that:

• The electronic signature was affixed using a valid Electronic Signature Certificate,
• The certificate was issued in the name of the alleged subscriber, and
• The subscriber had control over the electronic signature at the relevant time.

This proof may be furnished through technical evidence, certification records, or testimony of the Certifying Authority, depending on the facts of the case.

5. Exception: Secure Electronic Signature
An important exception is carved out under this section:

• No proof is required where the electronic signature in question is a secure electronic signature.

A secure electronic signature enjoys a statutory presumption of authenticity under the Adhiniyam read with the Information Technology Act. In such cases, the Court presumes that the signature is genuine unless the contrary is proved.

6. Illustration
Example:
A affixes his electronic signature to an electronic document. During judicial proceedings, a dispute arises as to whether the electronic signature truly belongs to A. In such a case, it must be proved that:

• A is the subscriber of that electronic signature, and
• The signature was affixed using his valid Electronic Signature Certificate.

However, if the electronic signature is a secure electronic signature, separate proof of authenticity is not required.

7. Object and Rationale
The purpose of Section 66 is to:

• Prevent misuse or impersonation in electronic transactions,
• Ensure reliability and trust in electronic records, and
• Maintain parity between proof of handwritten signatures and electronic signatures.

By mandating proof of authorship while also recognising secure electronic signatures, the provision balances technological efficiency with evidentiary safeguards.

8. Conclusion
Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 establishes a clear rule that electronic signatures do not automatically prove themselves. Where an electronic signature is disputed, its attribution to the subscriber must be proved, except in the case of secure electronic signatures. This provision reinforces confidence in electronic evidence while ensuring accountability and authenticity in digital transactions.

Kembaraxtra-Islamic Criminal Law - Male Posing as Woman

Question 1

Explain the Islamic position on a male person posing as a woman.


Answer:
Islam recognises that men and women have distinct natural characteristics. The Prophet (SAW) prohibited men from imitating women and women from imitating men. Such imitation includes behaviour, speech, walking style, dressing, and appearance. Islamic teachings strongly condemn this conduct, and it is reported that Allah and His angels curse those who deliberately imitate the opposite gender.

Question 2

What forms of imitation are prohibited under Islamic teachings?


Answer:
Prohibited imitation includes adopting the dress, manner of speaking, walking style, behaviour, and outward appearance of the opposite gender. Wearing attire specifically associated with the opposite sex is considered a form of prohibited imitation.


Question 3

State the relevant Prophetic traditions (Hadith) concerning imitation of women by men.


Answer:
The Prophet (SAW) forbade men from wearing items associated with women, including silk and gold. In a hadith narrated by Ali, the Prophet prohibited the wearing of a gold ring and silk garments by men. Another hadith narrated by Ibn Umar records the Prophet (SAW) reprimanding the wearing of clothing associated with unbelievers and forbidding such attire.

Question 4

What is the offence of a male person posing as a woman under the Syariah Criminal Offences (Federal Territories) Act 1997?


Answer:
Under section 28 of the Syariah Criminal Offences (Federal Territories) Act 1997, any male person who, in a public place, wears women’s attire and poses as a woman for immoral purposes commits an offence under Syariah law.

Question 5

What are the essential elements of the offence under section 28 of the Syariah Criminal Offences (Federal Territories) Act 1997?


Answer:
The essential elements are:

1. The offender is a male person;
2. The conduct occurs in a public place;
3. The male wears women’s attire; and
4. He poses as a woman for immoral purposes.

Question 6


What is the punishment for a male person posing as a woman under Syariah law?


Answer:
Upon conviction, the offender may be punished with:

• A fine not exceeding RM1,000, or
• Imprisonment for a term not exceeding one year, or
• Both.

Question 7


Who has jurisdiction to try the offence of a male person posing as a woman?


Answer:
The offence falls within the jurisdiction of the Syariah Courts and applies only to Muslims, subject to the limits imposed by the Syariah Courts (Criminal Jurisdiction) Act 1965.


Exam Tip (One-liner)


Section 28 criminalises cross-dressing by a male in public only when it is done for immoral purposes, reflecting Islamic moral standards rather than mere appearance.

kembaraXtra-Islamic Law-Differences between Penal Code and Syariah Law

(Indecent Acts in Public Places)​


1. Source of Law

• Penal Code: Section 294 and section 292, Act 574 (civil criminal law).
• Syariah Law: Section 29, Syariah Criminal Offences (Federal Territories) Act 1997.

2. Persons Subject to the Law

• Penal Code: Applies to all persons regardless of religion.
• Syariah Law: Applies only to Muslims.

3. Nature of the Offence

• Penal Code:
  • Focuses on obscenity.
  • Requires the act to cause annoyance to others.
  • Covers obscene acts, words, songs, and materials.


• Syariah Law:
  • Focuses on indecent behaviour contrary to Islamic law.
  • Does not expressly require annoyance.
  • Emphasises public morality and modesty.

4. Types of Conduct Covered

• Penal Code:
  • Obscene acts in public.
  • Obscene songs, words, recitations.
  • Sale, possession, or circulation of obscene materials (s 292).
• Syariah Law:
  • Any indecent behaviour in public that violates Islamic moral standards.

5. Punishment

• Penal Code (s 294):
  • Imprisonment up to 3 months, or
  • Fine, or
  • Both.
• Syariah Law (s 29):
  • Fine up to RM1,000, or
  • Imprisonment up to 6 months, or
  • Both.

6. Jurisdiction

• Penal Code: Tried in civil courts (Magistrates / Sessions).
• Syariah Law: Tried in Syariah Courts within constitutional limits.

B. QUESTIONS AND ANSWERS


Question 1


Explain the offence of acting or behaving in an indecent manner in a public place under the Penal Code.


Answer:
Under section 294 of the Penal Code, a person commits an offence if he or she performs any obscene act, or utters obscene words or songs, in or near a public place to the annoyance of others. The offence requires proof of obscenity, public place, and annoyance. Upon conviction, the offender may be punished with imprisonment up to three months, a fine, or both.

Question 2

What is the offence of indecent behaviour under the Syariah Criminal Offences (Federal Territories) Act 1997?


Answer:
Section 29 of the Syariah Criminal Offences (Federal Territories) Act 1997 provides that any Muslim who acts or behaves in an indecent manner in a public place, contrary to Islamic law, commits an offence. The offence focuses on morality and decency according to Islamic principles. The punishment is a fine not exceeding RM1,000, imprisonment not exceeding six months, or both.

Question 3




Compare the elements of the offence under section 294 of the Penal Code and section 29 of the Syariah Criminal Offences Act 1997.


Answer:
Section 294 of the Penal Code requires the act to be obscene and to cause annoyance to others in a public place. In contrast, section 29 of the Syariah Criminal Offences Act does not require proof of annoyance but instead assesses indecency based on Islamic law. Furthermore, the Penal Code applies to all persons, while the Syariah provision applies only to Muslims.

Question 4




Discuss the differences in punishment for indecent acts under civil law and Syariah law in Malaysia.


Answer:
Under the Penal Code, the maximum punishment for indecent acts is imprisonment for three months, a fine, or both. Under Syariah law, the punishment is more limited but may include imprisonment up to six months, a fine up to RM1,000, or both. The difference reflects the constitutional limits placed on Syariah courts’ criminal jurisdiction.

Question 5




Why can indecent acts in public be punished under both the Penal Code and Syariah law?


Answer:
Indecent acts in public may fall under both the Penal Code and Syariah law because the two systems serve different purposes. The Penal Code protects public order and prevents annoyance, while Syariah law regulates moral conduct among Muslims. Both operate concurrently, subject to constitutional limits on Syariah court jurisdiction.

Kembaraxtra-Islamic Law - Overview
Crimes under Islamic law are classified according to the nature of the rights affected. First, there are crimes against society, which are punished to safeguard public interest and social order. Most ḥadd offences fall within this category. Second, there are crimes against individuals, which are punished to protect private rights; these include offences governed by qiṣāṣ and diyah. Ta‘zīr offences may involve either public rights or individual rights, depending on the nature of the wrongdoing.


Ḥadd offences such as zinā (unlawful sexual intercourse), theft, qazaf (false accusation of zinā), consumption of intoxicants, hirābah (highway robbery), baghy (rebellion), and riddah (apostasy) are crimes for which punishments are fixed and prescribed by Allah. Once the offence is proven, these punishments must be imposed without regard to the offender’s status. They cannot be reduced, increased, annulled, or altered by the court or any authority. Accordingly, the judge has no discretion in sentencing once a ḥadd offence is established.


In Malaysia, Syariah courts operate parallel to the civil courts, but their jurisdiction is constitutionally limited. Syariah courts have authority only over Muslims and derive their criminal jurisdiction from State laws enacted under Article 74(2) of the Federal Constitution and the Ninth Schedule (State List). Their sentencing powers are further restricted by the Syariah Courts (Criminal Jurisdiction) Act 1965, which limits punishment to a maximum of three years’ imprisonment, a fine of RM5,000, six strokes of whipping, or any combination thereof. This jurisdiction is significantly more limited compared to even the First-Class Magistrates’ Court in the civil system.


As a result, offences against decency under the Syariah Criminal Offences (Federal Territories) Act 1997, such as zinā, incest, sodomy, and prostitution, carry punishments that do not correspond with the punishments prescribed in the Qur’an and Sunnah. Under Islamic law, the punishment for fornication is one hundred lashes, and for adultery, stoning to death, whereas under the 1997 Act, zinā—regardless of whether it is fornication or adultery—is punishable only by a fine, short imprisonment, whipping of up to six strokes, or a combination thereof.


Given these limitations, the current criminal jurisdiction of the Syariah courts is insufficient to fully enforce Islamic criminal law in Malaysia. It is therefore argued that the legislature should consider enhancing the Syariah courts’ criminal jurisdiction, ensuring that punishments are proportionate to the seriousness of offences and effective in deterring repeat criminal conduct.

​
KembaraXtra-Malaysian Criminal Law-Introduction-Historical Background of Criminal Law in Malaysia

1. Introduction

• To understand the development of criminal law in Malaysia, it is essential to first understand the historical evolution of the Malaysian legal system.
• Malaysian criminal law did not develop in isolation but evolved through:
  • indigenous customs,
  • religious influences (especially Islam), and
  • later colonial intervention.

1.7.1 Before the European Occupation

2. Early Indigenous Legal Systems

• From ancient times, the Malay Peninsula and Borneo were inhabited by various aboriginal tribes.
• These communities practised primitive tribal legal systems based on:
  • customs,
  • traditions, and
  • social norms.
• Laws were largely:
  • unwritten, and
  • enforced through community practices.

3. Development of Social and Political Structures

• Over time, social organisation evolved from:
  • villages → river states → city-states → empires.
• This evolution led to more structured systems of governance and law.
• Major empires emerged in the Malay Archipelago, including:
  • Srivijaya, and
  • Majapahit.

• These empires covered vast regions across:
  • the Malay Peninsula,
  • Sumatra,
  • Java,
  • Borneo, and surrounding areas.

4. Role of Adat (Customary Law)

• During these early periods, law was primarily governed by adat (customary law).
• Adat left a lasting influence on the legal systems of the region.
• Among the Malays and natives of Sabah and Sarawak, adat was categorised into:
  • Adat Perpatih – matrilineal custom;
  • Adat Temenggung – patrilineal custom.
• Adat governed matters such as:
  • social conduct,
  • disputes, and
  • punishments for wrongdoing.

5. Introduction of Islamic Law

• With the spread and acceptance of Islam, Islamic legal principles began to influence local laws.
• The State of Malacca, a major trading centre and regional power, played a central role.
• Malacca introduced the Laws of Malacca (Hukum Kanun Melaka) during the reign of Sultan Muzaffar Shah (1446–1459).

6. Laws of Malacca (Hukum Kanun Melaka)

• Covered a wide range of legal matters, including:
  • criminal offences,
  • commercial transactions,
  • family law,
  • evidence and procedure,
  • duties and powers of rulers.
• Punishments were a combination of:
  • Islamic law, and
  • Malay adat.

7. Influence on Other Malay States

• The Laws of Malacca were adopted and adapted by other Malay States, such as:
  • Pahang Laws (1596),
  • Kedah Laws (1605),
  • Johor Laws (1789),
  • Perak Code, and
  • Ninety-Nine Laws of Perak (1765).
• This reflects the widespread influence of Islamic-adat legal principles across the Malay States.

8. Terengganu and Islamic Legal Administration

• In Terengganu:
  • a 12th-century Stone of Inscription recorded Islamic legal principles.
• During the reign of Sultan Zainal Abidin III (1881–1918):
  • Islamic law was formally administered.
• Criminal punishments included:
  • Hudud,
  • Qisas,
  • Diyat, and
  • Ta’zir.
• The Terengganu Constitution of 1911:
  • provided for court structures, and
  • facilitated the administration of Islamic law.

9. Position Before European Colonisation

• Prior to European colonisation:
  • the law in the Malay States was predominantly Islamic law,
  • supplemented by local Malay customs (adat).


• This legal foundation formed the basis upon which later colonial criminal law developments were built.

KembaraXtra-Criminal Law-Introduction- Distinction Between Crimes and Civil Wrongs

1. General Overview

• Both crimes and civil wrongs involve undesirable acts or omissions in society.
• Despite this similarity, they differ significantly in:
  • nature,
  • purpose,
  • procedure, and
  • consequences.

2. Crimes as Public Wrongs

• Crimes are regarded as public wrongs.
• Grant Lamond:
  • crimes are public wrongs because the community is responsible for punishing them,
  • not necessarily because they are committed against the public at large.
• Nozick:
  • harm caused by a crime extends beyond the immediate victim,
  • it affects all who see themselves as potential victims.
• Therefore:
  • crimes concern society as a whole,
  • making it appropriate for the State to prosecute and punish offenders.

3. Nature of Criminal Responsibility

• A person incurs criminal liability when he/she commits an act or omission defined as a crime by criminal law.
• In criminal proceedings:
  • punishment is imposed not for compensation,
  • but as retribution and deterrence,
  • and as an example to others.

4. Nature of Civil Wrongs

• Civil wrongs are private wrongs committed against individuals.
• In civil proceedings:
  • the primary aim is compensation, not punishment.
• Remedy usually takes the form of:
  • damages payable to the injured party.
• This is described as restitutio in integrum:
  • restoration of the injured party to their original position.
• In rare cases:
  • courts may award exemplary (punitive) damages
  • to supplement civil remedies and ensure effectiveness.

5. Role of the State

• According to Kenny:
  • crimes attract punitive sanctions,
  • such sanctions cannot be waived by private individuals,
  • only the State (Crown) may remit punishment.
• Paton:
  • in crimes, the State controls prosecution, punishment, and remission.
• Criminal prosecution:
  • is initiated by the State on behalf of society and victims.
• A private individual cannot prosecute or pardon a crime independently.

6. Power of Pardon

• Winfield:
  • a crime is something that only the Crown (State) can pardon.
• This highlights:
  • the exclusive authority of the State in criminal matters

7. Civil Proceedings and Party Autonomy

• In civil cases:
  • proceedings are initiated by the injured party.
• Parties have control over the process, including:
  • settlement, compromise, or withdrawal of the claim.

8. Austin’s Distinction

• John Austin:
  • a wrong pursued by the sovereign (State) is a crime;
  • a wrong pursued at the discretion of the injured party is a civil injury.

9. Summary of Key Distinctions

• Crime:
  • public wrong
  • prosecuted by the State
  • punishment imposed
  • pardon/remission by State only
• Civil Wrong:
  • private wrong
  • initiated by injured party
  • compensation as remedy
  • parties may compromise

If you want, I can:

• prepare a comparison table for exams,
• simplify this into short-answer notes, or
• relate the distinction directly to Malaysian case law.

KembaraXtra-Criminal Law-Introduction-Criminal Law as Public Law

11. Criminal Law as Public Law

• Law is classified into:
  • national (municipal/domestic) law, and
  • international law.
• National law applies within a State to:
  • citizens, residents, and foreigners.
• National law is divided into:
  • public law, and
  • private law.
• Criminal law is part of public law.
• Crime is an offence against:
  • the State, and
  • society as a whole.

12. Purpose of Criminal Law (Wechsler)

• To express formal social condemnation of prohibited conduct.
• Supported by sanctions designed to prevent such conduct.

13. Purposes of Criminal Law (Nigel Walker)
Criminal law aims to:

1. Protect individuals from intentional violence and sexual harm.
2. Protect people from unintended harm (traffic, poisons, disease).
3. Protect vulnerable persons (children, mentally impaired).
4. Prevent acts regarded as unnatural even if consensual.
5. Defend the State (e.g. espionage).
6. Prevent public conduct that shocks or corrupts others.
7. Protect property from theft, fraud, and damage.
8. Protect social institutions such as marriage and family.

14. Social Interests Protected (Roscoe Pound)
L
Criminal law protects:

1. General interests (safety, health, order, transactions).
2. Social institutions (family, religion, politics).
3. General morals (honesty, integrity, public morality).
4. Conservation of social resources (rehabilitation and reform).
5. Social progress (economic, political, cultural).
6. Individual life:
   • freedom from arbitrary control, and
   • minimum conditions for human existence.

15. Enforcement of Criminal Law

• Criminal law:
  • prohibits harmful conduct,
  • prescribes penalties, and
  • is enforced by the State.
• Criminal proceedings involve:
  • police custody,
  • prosecution by the State,
  • trial before a court.
• Parties:
  • Prosecutor → represents the State;
  • Accused/defendant → person charged.
• Burden of proof:
  • prosecution must prove guilt beyond reasonable doubt.

16. Punishment and Acquittal

• If convicted, punishment may include:
  • fine,
  • whipping,
  • probation,
  • imprisonment,
  • life imprisonment, or
  • death penalty.
• If prosecution fails to prove the case:
  • accused is acquitted;
  • no punishment imposed.

​KembaraXtra-Case Law-Al-Najar and others v Cumberland Hotel (London) Ltd [2021] 1 WLR 3415
​I. Case Information

• Citation: [2020] EWCA Civ 1716
• Court: Court of Appeal
• Judges: McCombe, Flaux, Newey LJJ
• Date of Judgment: 2020 Nov 5; Dec 18

II. Key Legal Question / Practice Point

• Appeal - Findings of trial judge:
  • Can an appellate court allow an appeal based on a re-cast content of duty when the trial judge found no breach of the originally contended duty of care?
  • Specifically, in a case where a hotel was found not in breach of its duty to protect guests from third-party criminal acts.

III. Factual Background

• Incident: Three claimants were attacked by a third party (S) who entered the defendant's hotel in the early hours.
• Third Party Action: S attempted to steal money, jewellery, and other items from one of the claimant's rooms.
• Claimants' Injuries: All claimants suffered physical or psychiatric injuries.
• Claimants' Initial Contention (Trial):
  • Defendant hotel proprietor was in breach of duty of care.
  • Breach due to failure to stop S entering the hotel, gaining access to guest areas, and carrying out the attack.
  • Specific alleged breach: Hotel's lobby officer should have greeted and, if necessary, challenged every person entering the hotel from 11 p.m. onwards.

IV. Trial Judge's Decision (Dingemans J)

• Duty of Care Established: Hotel proprietor owes guests a duty to take reasonable care to protect them against injury caused by the criminal acts of third parties during their stay.
• Breach of Duty Finding:
  • The defendant had taken reasonable care in all circumstances.
  • Therefore, the defendant was not in breach of duty.
  • Specifically rejected the claimants' contention regarding the lobby officer's duties after 11 p.m.

V. Claimants' Appeal

• Re-cast Duty Contention on Appeal:
  • After 11 p.m., the lobby officer should have greeted every person entering the hotel where possible, alternatively where reasonably practicable. (This is a softer, less absolute version of the original contention).

VI. Court of Appeal's Decision (Dismissing the Appeal)

• Nature of the Duty: The defendant's duty was to take reasonable care, not an absolute duty, to prevent criminal attacks.
• Trial Judge's Findings on Likelihood: The trial judge found the likelihood of such an attack to be extremely low.
• Justification for Rejecting Original Contention: Given the "reasonable care" standard and low likelihood, the judge was clearly entitled to reject the contention that the duty included challenging every person after 11 p.m.
• Assessment of Breach at Trial:
  • The trial judge assessed the alleged breach (regarding the lobby officer) by reference to the nature of the case being made at trial and the extent of the challenge to the lobby officer's evidence.
• Problem with Re-cast Duty on Appeal:
  • A consideration of the re-cast duty would have required a different approach to the evidence regarding the lobby officer's conduct, an approach the trial judge was not called upon to assess.
• Appellate Court's Role - Non-Interference with Findings of Fact:
  • Appellate courts have been repeatedly warned not to interfere with findings of fact by trial judges, unless compelled.
  • This applies to primary facts, evaluation of those facts, and inferences drawn from them.
• Conclusion: The trial judge's conclusion of no breach of the duty alleged (based on primary facts found) could not be faulted.

VII. Cited Authority

• Fage UK Ltd v Chobani UK Ltd [2014] ETMR 26, para 114, CA (Lewison LJ's dicta applied regarding appellate restraint on interfering with factual findings).

VIII. Outcome

• Decision of Dingemans J affirmed.
• Appeal dismissed.

KembaraXtra- Criminal Law-Introduction-Importance of Criminal Law
1. Importance of Criminal Law

• It is the duty of the State to provide security by maintaining law and order.
• Criminal law is a branch of law of paramount importance.
• For laypersons, the term “law” often refers to criminal law.
• Some commentators argue:
  • a society may survive without advanced constitutional or property law,
  • but no society can exist even one day without penal law.
• Penal law is essential for the existence of organised society.

2. Central Role of Criminal Law (Wechsler’s View)

• Criminal law provides ultimate protection against:
  • the gravest harms inflicted by human conduct.
• It authorises the strongest coercive powers of the State.
• Dual nature:
  • protective instrument, and
  • potentially destructive if misused.
• Risks:
  • weak criminal law → basic human interests endangered;
  • harsh or arbitrary law → grave injustice.
• Criminal law must therefore be:
  • rational,
  • just, and
  • carefully designed.

3. Criminal Law as an Instrument of Social Control

• The State uses criminal law as a means to an end in fulfilling its duty.
• Criminal law operates by:
  1. identifying harmful or undesired conduct;
  2. declaring such conduct as crimes;
  3. prescribing punishments for violations.


• Criminal law defines and punishes acts or omissions involving:
  1. attacks on public order (internal or external);
  2. abuse or obstruction of public authority;
  3. acts injurious to the public at large;
  4. attacks on persons or personal rights;
  5. attacks on property or property-related rights.

4. Punishment and Deterrence

• Kenny’s view:
  • conduct threatening safety, stability, or comfort of society is regarded as heinous.
  • society seeks to repress such conduct through State power.
• Punishment serves:
  • retribution against offenders, and
  • deterrence to potential offenders.
• Without punishment:
  • criminal law would be ineffective and meaningless.

5. Criminalisation of Conduct

• Identifying undesired or harmful conduct is complex.
• Kenny:
  • offences become crimes due to the combined effect of multiple social forces.
• Criminalisation is influenced by:
  • political,
  • social,
  • cultural,
  • religious, and
  • economic factors.

6. Dynamic Nature of Criminal Law

• Criminal law is not static but dynamic.
• Lord Atkin:
  • the scope of criminal law depends on what the State declares as crimes at a particular time.
• Common characteristic of crimes:
  • they are prohibited by the State, and
  • offenders are punished.
• Crimes originate from:
  • prevailing government policy.
• Criminal law may not always be consistent or logical.
• Political power at a given time determines what is criminalised.

7. Principles Guiding Criminalisation (Ashworth)

• Legislators should criminalise conduct based on seriousness, not symbolism.
• Punishment must be proportionate.
• Four key principles:
  1. Criminal law should censure substantial wrongdoing only.
  2. Enforcement must respect equality and proportionality.
  3. Accused persons must receive proper criminal procedural protection.
  4. Maximum and effective sentences must match the seriousness of wrongdoing.

8. Additional Legislative Considerations (Lord Williams)

Before criminalising conduct, legislators should consider:

1. Whether creating an offence is necessary;
2. Whether the conduct is sufficiently serious;
3. Whether existing laws or remedies are adequate;
4. Whether the offence is practically enforceable;
5. Whether the offence is clearly and legally drafted;
6. Whether the penalty is proportionate to the offence.

9. Functions of Criminal Law

• Criminal law:
  • maintains peace, stability, and security;
  • protects life, body, mind, property, and reputation;
  • prescribes punishments for harmful conduct.


• Right to life is protected under Article 5(1) of the Federal Constitution:
  • no person shall be deprived of life or personal liberty except according to law.

10. Categories of Criminal Conduct

• Crimes against persons:
  • homicide, kidnapping, sexual offences, assault.


• Crimes against property:
  • theft, robbery, burglary, trespass.


• Crimes against public health:
  • drug offences, abortion.


• Crimes against the government:
  • bribery, treason, sedition, public disorder, official misconduct.


• Crimes against the family:
  • bigamy, adultery, neglect of children, desertion.


• Crimes against morals:
  • incest, sodomy, homosexual activities.


• Crimes against religion:
  • blasphemy, gambling, prostitution.


• A sound criminal justice system should avoid:
  • over-criminalisation,
  • double criminalisation,
  • repeated criminalisation of the same conduct.