Procedures of Evidence in Criminal Law
• General principles:
• accused presumed to be innocent till proved guilty;
• prosecution to prove its case on strength of its own evidence;
• accused being a favourite child of law; and
• accused shall get the benefit of doubt as a matter of right.
• Importance of evidence in criminal law
• Evidence plays a critical role in determining the outcome of a case, either in guilty verdict and an acquittal.
• From direct evidence to expert testimony, each type of evidence is valuable in court.
• It can link accused to a crime scene, or corroborates one’s testimony.
• law enforcement agencies have a duty to investigate and provide evidence to the prosecution
• Types of evidence in criminal law
• Direct Evidence
• Indirect or Circumstantial
Evidence
• Corroboratory Evidence
• Forensic Evidence
• Character Evidence
• Hearsay
• Documentary Evidence
• Testimonial Evidence
Defences
• Qanun-e-Shahadat Order, 1984, Article 121: Burden of proving that case of accused comes within exceptions
• Pakistan Penal Code (Act XLV of 1860), Chapter II: General Explanations
Defences
• General Explanations under Pakistan Penal Code
• Accident
• S. 80: Accident in doing a lawful act
• S. 81: Act likely to cause harm, but done without criminal intent, and to prevent other harm.
• General Explanations under Pakistan Penal Code
• Mistake
• S. 76: Act done by a person bound, or by mistake of fact believing himself bound, by law
• S. 79: Act done by a person justified, or by mistake of fact believing himself justified, by law
• General Explanations under Pakistan Penal Code
• Consent
• S. 87: Act not Intended and not known to be likely to cause death or grievous hurt, done by consent
• S. 88: Act not intended to cause death, done by consent in good faith for person's benefit
• S. 89: Act done In good faith for benefit of child or insane person, by or by consent of guardian
• S. 90: Consent known to be given under fear or misconception
• S. 91: Exclusion of acts which are offences independently of harm caused
• S. 92: Act done in good faith for benefit of a person without consent
• General Explanations under Pakistan Penal Code
• Insanity and capacity
• S. 82: Act of a child under seven years of age
• S. 83: Act of a child above seven and under twelve of immature understanding
• S. 84: Act of a person of unsound mind
• S. 85: Act of a person incapable of Judgment by reason of intoxication caused against his will
• S. 86: Offence requiring a particular intent or knowledge committed by one who is intoxicated
• General Explanations under Pakistan Penal Code
• Self defence (General Provisions)
• S. 96: Things done in private defence
• S. 97: Right of private defence of the body and of property
• S. 98: Right of private defence against the act of a person of unsound mind, etc.
• S. 99: Act against which there is no right of private defence
• General Explanations under Pakistan Penal Code
• Self defence (Body)
• S. 100: When the right of private defence of the body extends to causing death
• S. 101: When such right extends to causing any harm other than death
• S. 102: Commencement and continuance of the right of private defence of the body
• General Explanations under Pakistan Penal Code
• Self defence (Property)
• S. 103: When the right of private defence of property extends to causing death
• S. 104: When such right extends to causing any harm other than death
• S. 105: Commencement and continuance of the right of private defence of property
Defences
• General Explanations under Pakistan Penal Code
• Self defence (Utilitarian Principle)
• S. 106: Right of private defence against deadly assault when there is risk of harm to innocent person
• Qanun-e-Shahadat Order, 1984
• Duress
• Art. 37: Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
• Art. 38: Confession to police officer not to be proved
• Art. 39: Confession by accused while in custody of police not to be proved against him
• Art. 40: How much of information received from accused may be proved
• Art. 41: Confession made after removal of impression caused by inducement, threat or promise, relevant
Defences
• Code of Criminal Procedure (ACT V of 1898)
• Duress
• S. 163: No inducement to be offered.
• S. 164: Power to record statements and confessions.
• Qanun-e-Shahadat Order, 1984
• Entrapment
• Art. 42: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
• In the US entrapment was used in terrorism cases, as law enforcement agencies induces a person to commit a crime that the person would have otherwise been unlikely or unwilling to commit. The defence plea is that the accused only committed the crime because of harassment, inducement or coercion by a government official.
End
0 Comments