AND WHEREAS, it is considered expedient to amend the Code of Criminal Procedure, , in its application to the Province of West Pakistan to give effect to. Amendments in the Code of Criminal Procedure, COMPARATIVE . sections of the Pakistan Penal Code, namely , , ,. ,,, CRIMINAL PROCEDURE, The Pakistan Law Commission received certain complaints to the effect that various provisions of the Code of Criminal.


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A committee formed by the prime minister has been given till December next year to amend the Code of Criminal Procedure CrPC so as to improve the criminal justice system and the procedure of registering FIRs and to block criminal procedure code pakistan cases and trial of those unfit for prosecution.

Attorney General Ashtar Criminal procedure code pakistan Ali will head the committee. Speaking to Dawn over the telephone, Mr Ali said that the government was serious about providing people access to prompt justice. I have till December next to see this through.

Sources in the Punjab government, however, said that they were yet to receive a response on the recommendations forwarded by the Punjab Law, Home and Prosecution Departments in August this year.

But Supreme Court set aside punishment being without corroboration.


Retracted confession, whether judicial or extra judicial, can legally be taken into consideration against the maker of those confessions and if the confessions are found to be true and voluntary, then there is no need at all criminal procedure code pakistan look for further corroboration, if criminal procedure code pakistan Court is satisfied and believes that it was true and voluntary and was not obtained by torture or coercion or inducement.

It is a settled rule of evidence that unless a retracted confession is corroborated in material particulars it is not prudent to base a conviction in a criminal case on its strength alone.

As the accused may at any time of trial make confession, may retract at any time before the final judgement.


Where a confession is made before a common man, but he was Magistrate, may be retracted. When a person kills a person and admits whether he has committed such offence criminal procedure code pakistan confession. But where he says that I have committed such offence but it was committed in self-defence is not a confession.

Thus confession must be unconditional.

Admission does not follow any special procedure as is in the confession cases. A proper procedure is provided under criminal procedure code pakistan to record confession.

It may either be made before Magistrate of competent jurisdiction or before police where recovery is made upon on his statement.

Extra judicial confession is the weakest type of evidence and normally cannot be made basis for conviction unless coming from unimpeachable source and being corroborated by independent evidence. Great care is to be taken in placing reliance upon this piece of evidence, which requires criminal procedure code pakistan three-fold proof.

Firstly, it is made, secondly, it is voluntarily made, and thirdly it is true.

Law and Justice Commission of Pakistan

Where prescribed formalities, which aid in ascertainment of voluntariness of confession are criminal procedure code pakistan available in respect of extra judicial confession, such confession had necessarily not to be given that much of weight which is accorded to judicial confession.

Law gives inherent powers to High Court where express law is not available. Judiciary should not criminal procedure code pakistan with the police in matters, which are within their domain and into which the law imposes upon them the duty of enquiry.

Functions of the judiciary and the police are complementary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function. Functions of the Court begin when a charge is preferred before it and not until then.


However FIR can be quashed by High Court in its writ jurisdiction when its registration appears to be misuse of process of law. Although the word of cancellation has not used, but where report says that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as criminal procedure code pakistan thinks fit.

It is document in which each and every movement of the police station is entered.

It is therefore necessary for a Magistrate to pass orders only in open Court. A Magistrate is not expected to pass orders granting remand of accused persons in a mechanical manner.

He has to examine very carefully the criminal procedure code pakistan for depriving a citizen of his liberty, which can only be done if material justifying such action is available on record.

Changes to year-old criminal procedure code being planned - Pakistan -

In every case where a Magistrate grants remand to Police or judicial custody of criminal procedure code pakistan accused person under Section 1Criminal Procedure Code, he is required by its Sub-section 4 to forward a copy of such order with his reasons to the Sessions Judge.

A District Magistrate is to be informed of apprehensions of persons by Police in exercise of their powers under Section 54, Criminal Procedure Code while a Sessions Judge has to be kept informed by Magistrates who allow remand of person for the purpose of investigation beyond a period of 24 hours.

A Sessions Judge too like a District Magistrate as pointed out hereinabove is expected to keep vigilance on exercise of criminal procedure code pakistan powers by Magistrate.