Examination of Witness and Accused in The Court and Online under Criminal Law in Pakistan

Abstract

In Pakistan the criminal trial is mainly based on examination of witnesses produced by prosecution to prosecute a person accused of an offence. The witness is examined by the party who produced him, is called examination-in-chief. The adverse party has right to cross examine him. If any new facts are brought in cross-examination, the witness may be re-examined. All such process is done systematically but not mechanically. The detailed provisions are provided under chapter-X of The Quanoon-e-Shahadat Order, 1984.[i]The main purpose of examination of a witness is to corroborate the facts with other witness and also to produce supportive proofs during his evidence. The evidence recorded on oath is generally known as deposition of witness. The prosecution witness and defense witness are equally treated in examination by the court. There is an exceptional provision of examination of accused under section 342 of the Code of Criminal Procedure, 1898 (Cr.P.C). Such examination of accused is termed as Statement of Accused u/s 342 Cr.P.C. the statement of accused under section 342 Cr.P.C is recorded without oath at any stage during trial. The prosecution has no right to cross examine accused on his statement under section 342 Cr.P.C. Where accused, during statement under section 342 Cr.P.C, opts to be examined on oath, then the court shall proceed under section 340 Sub Section 2 Cr.P.C and examine accused on oath.