Legal Procedure Par es in a Case

Plain : The person who brings a case to court.

Laws In Pakistan Defendant: The person defending against the complaint.
Counsel: The lawyer represen ng either party.
A. Common law
Unwri en , Universally accepted , Customs / conducts and Prosecu on and Defense
decision based The Prosecu on presents the case against the defendant.
The Defense counters the prosecu on’s arguments.
B. Statute law
Wri en form Key Legal Terms
Codi ed form — 302 dafa
Yield to change 1. Complaint: An oral or wri en accusa on submi ed to a
Ordinance form magistrate to prompt ac on against a person who has
commi ed an o ense. (Does not include police ac on.)
C. Criminal law
De ning of crime and leads to punishment 2. Evidence: Informa on perceived through the senses
Maintain peace in society (sight, hearing, smell, taste, touch) that supports a fact in
If order is not followed in the society then we punish them a case.
to follow the order
3. Witness: A person who has directly perceived facts and
D. Civil law provides tes mony in court.
For a normal person — civilian of a society
Concern with be erment of person 4. Tes mony: A fact or statement presented in court under
Like divorce cases, industrial poisoning case, rent issues to, oath.
RTA accidents if no license
5. Perjury: Deliberate falsehood spoken under oath in a
E. Islamic law court of law.
Shariat law — in 1986
6. Oath: A solemn promise or a rma on, o en required by
Court Basics law, to tell the truth in court or other o cial se ngs.
Courts: Places where disputes are resolved, and
remedies are provided for grievances. 7. Deposi on: A witness’s sworn statement recorded in
Judge: The o cial who oversees court proceedings. wri ng and signed by both the witness and magistrate.
Judgment: The wri en decision or conclusion given by the
judge at the end of a case. 8. Document: Any ma er expressed or described on a
substance (e.g., paper) using le ers, gures, marks, or a
Types combina on of these, intended to be used or that could
Civil Courts: Handle non-criminal disputes (e.g., property or serve as evidence.
contract issues).
Criminal Courts: Deal with criminal cases (e.g., the , assault). 9. Exhibit: Any document or object presented for inspec on
Shariat Courts: Address ma ers related to Islamic law. in court, shown to a witness during tes mony, or
Special Courts: Handle speci c cases such as: referenced in a deposi on.
◦ Banking Courts
An -Terrorism Courts 10. Summon Case: A case related to an o ence punishable
◦
An -Corrup on Courts with imprisonment for a term not exceeding two years.
◦
◦ Labour Courts
Mohtasib (Ombudsman) Courts 11. Warrant Case: A case related to an o ence punishable
◦
with death, life imprisonment, or imprisonment for a term
Levels of Courts exceeding two years.
A. Courts of 1st Instance:
Known as "Illaqa" Courts. 12. Judicial Proceeding: Any legal proceeding in which
Presided over by Judicial Magistrates (criminal cases) or evidence may be legally taken under oath.
Civil Judges (civil cases).
13. Court of Jus ce: A judge or a panel of judges empowered
B. Courts of 2nd Instance: by law to act judicially, either individually or collec vely.
District-level courts.
Presided by Addi onal District Judges (ADJs) or District 14. Bail: A bond ensuring an accused person’s appearance at
Judges (DJs). the me and place of trial.
Cover the en re district.
15. A davit: A wri en statement made under oath before an
C. Courts of 3rd Instance: authorized person, such as an oath commissioner.
High Courts located in provincial capitals.

D. Supreme Court:
The highest appellate court in Pakistan.
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 Types of Evidence and Principles The doctor may face — Temporary or permanent removal
from the PM&DC registry, barring them from medical
A. Types of Evidence prac ce. Fines or other penal es.
Oral Evidence: Tes mony given by a person directly, based
on their own sensory experience. IV. Professional Death Sentence:
Documentary Evidence: Wri en or recorded evidence. A term referring to the permanent removal of a doctor’s
Circumstan al Evidence: Evidence based on inference name from the PM&DC register, meaning the doctor can
from related facts. no longer prac ce medicine in Pakistan.
Hearsay Evidence: Indirect evidence not valid in court.
V. Penal Erasure:
B. Collec on of Evidence Temporary removal of a doctor’s name from the P.M.D.C
Evidence collected from the scene of the crime, vic m, or register due to unethical ac ons or misconduct.
suspect. “Eyes can’t see what the mind does not know.”
Di erence Between:
C. Key Principles of Evidence Law
Evidence must be con ned to the ma ers in issue. Dying Deposi on:
Hearsay evidence is not admi ed. The best available A statement made by a person under oath in the presence of a
evidence must be presented. magistrate when the person believes they are near death.
It is recorded formally and holds legal weight in court as
D. Categories of Evidence evidence.
Oral Evidence — Must be direct and given by the person
who witnessed the event. Under Sec on 60 of the E.g. Vic m of a Violent Crime: A person who has been severely
Evidence Act, this includes only what was seen, heard, or injured in an assault believes they may not survive. They give a
perceived personally. detailed, sworn statement to a magistrate, describing the
a ack, iden fying the a acker, and recoun ng any speci c
E. Exemp ons for Direct Oral Tes mony events that led to their injuries. This tes mony can later be
Excep on in Direct oral tes mony refer to situa ons used as evidence in court if they pass away from their injuries.
where indirect evidence can be used instead of a witness
giving direct tes mony in court — For example, a Dying Declara on:
radiologist (expert) who performed the CXR (as his reports A dying declara on is a statement made by someone who
is an evidence of his work) believes they are about to die, explaining how or why they
ended up in a life-threatening situa on. Even though this type
F. Documentary Evidence of statement is not made under oath, it can s ll be used as
Primary Documents: Original documents. evidence in court. The idea is that a person near death is
Secondary Documents: Cer ed copies or photocopies of unlikely to lie, as they know they have nothing to gain.
the originals.
Medical Cer cates: Examples include sickness, birth, E.g. Terminal Illness and Confession: Someone on their
death cer cates, and cer cates of unsound mind deathbed from a terminal illness confesses, “I was the one who
(issued by a registered medical prac oner). set the re.” Here, the dying person reveals key informa on
about a past crime, which can later be used in court because
Reports: it’s believed that a person near death is unlikely to lie.
Medico-Legal Reports: Created by doctors for police or
judicial inquiries in cases of injury, sexual o enses,
poisoning, etc.
Postmortem Reports: Wri en in cases of unnatural,
suspicious, or sudden deaths, usually ini ated by
governmental inves ga ve agencies.

Guidelines for Issuing Death Cer cates

I. Death Cer cate Issuance:

If a pa ent was under the con nuous treatment of a
doctor for at least 14 days before their death, that same
doctor should issue the death cer cate.

II. Emergency Situa ons:

If a doctor is called to a end to a pa ent in an emergency
who was not under their treatment, and the pa ent dies
upon their arrival, it is advised not to issue a death
cer cate. Issuing a cer cate in such a case can lead to
legal risks if the doctor was not trea ng the pa ent earlier.

III. Ethics and Responsibility:

According to the Pakistan Medical and Dental Council
(PM&DC) code of ethics, issuing a false cer cate can
result in serious consequences.
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 Stages of Examina on of Witnesses: • The defense can ask ques ons that test the witness’s
integrity, experience, and even character, provided they are
Examina on in Chief relevant.
Done by: The party that has called the witness. • Protec on for Witnesses: Under sec on 152 of the Evidence
Act, judges can forbid any ques ons that are needlessly
Objec ve: To present the main facts of the case.
o ensive or harassing to the witness.
Steps:
Witness takes an oath.
Examined by the party calling them. Example: Suppose a witness tes es that they saw the
accused, Mr. A, leaving a building shortly a er a crime. During
cross-examina on, the defense lawyer might ask:
Example: Suppose a witness saw a car accident. During the
examina on in chief, the lawyer might ask:
“Isn’t it true that the ligh ng was poor outside the
building?”
“Can you tell the court what you saw on the night of
“Didn’t you tell the police at rst that you couldn’t
the incident involving Mr. A and Mr. B?”
clearly see who it was?”
"What me did you arrive at the scene?”
“Do you remember the exact me when you saw
this person?”
These ques ons allow the witness to give their honest account
of what they saw, helping the court understand the details
These leading ques ons can prompt the witness to answer in a
without pushing for a speci c answer.
way that reveals uncertainty or inconsistencies, thus crea ng
doubt about their reliability. By sugges ng speci c answers,
Leading Ques ons: the defense aims to show the court that the witness’s
Ques ons that suggest a desired answer tes mony might be awed, unclear, or biased.
Not allowed during examina on in chief or re-examina on
(under sec on 142 of Evidence Act) unless the witness is Re-Examina on
deemed hos le.
Conducted a er cross-examina on by the party that called the
Witness should fully understand ques ons before answering. witness.
Objec ves:
Example: Let’s say there was an incident in which Mr. A • Allowing the party who ini ally called the witness to address
allegedly stabbed Mr. B, and a witness saw it. The lawyer any confusing or unclear points that came up during cross-
doing the examina on in chief should avoid asking ques ons examina on. The goal is to x any accidental errors in the
like: witness’s statements or clarify areas that may have caused
“Did you see Mr. A stabbing Mr. B?” doubt.
“You saw Mr. A with a knife, right?” • No new subjects should be introduced without judge's or
opposing counsel’s permission, as this could lead to further
These are leading ques ons because they hint at a speci c cross-examina on.
answer and don’t allow the witness to explain freely. Instead,
the lawyer should ask open-ended ques ons that let the Example: Suppose, in a case involving Mr. A and Mr. B, a
witness describe what they saw without any suggested witness said during cross-examina on that it was “dark” when
answer: the incident occurred. This might make the witness’s account
seem less reliable, as it could imply poor visibility. During re-
“Can you describe what you saw on the day of the examina on, the lawyer who originally called the witness
incident?” might ask:
“What did you no ce about Mr. A and Mr. B’s
interac on?” "When you men oned it was dark, were there any
streetlights or other sources of light nearby?”
This way, the witness can provide a genuine response, and the
court receives a clearer, less biased version of events. This allows the witness to clarify, for example, that although it
was dark, there was enough light from a streetlamp to see the
Cross Examina on incident clearly. This corrects any misunderstanding from the
Cross-Examina on is a cri cal part of a trial where the defense cross-examina on without adding any new, unrelated
lawyer (represen ng the accused) ques ons the witness a er informa on.
the ini al examina on in chief. This phase is considered a
reliable way to test the accuracy and strength of the witness’s Ques ons by the Judge
statements. Judge can ques on the witness at any point to clarify doubts
Done by: Defense lawyer (lawyer of the accused).
Leading Ques ons: Allowed in cross-examina on. Example: In a case where Mr. A is accused of a acking Mr. B, a
witness might men on that they "heard yelling" before seeing
Objec ves: the incident. If the judge feels this is unclear, they might ask:
• Bring out details that support the accused’s side of the story.
• Look for inconsistencies or contradic ons in the witness’s "When you heard yelling, could you recognize who
statements to cast doubt on their credibility. was shou ng or what was being said?"
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 Types of Witnesses - Avoid quo ng opinions of others; base tes mony on
personal knowledge and experience.
A. Ordinary Witness (Lay Witness): - Remain calm and digni ed even if ques oned aggressively.
An ordinary witness, also called a lay witness, is someone - When asked to comment on a textbook quote, check its
who shares only what they personally observed or date and context before responding.
experienced. They cannot provide expert opinions or - Do not argue with lawyers; address the court instead.
conclusions; they just tell the court what they saw or - Only volunteer informa on if it prevents miscarriage of
heard. jus ce.
- Once evidence is complete, the deposi on is read and
Example: If Mr. C saw Mr. A hit Mr. B, he can tes fy to signed by the doctor. Ini al any correc ons and request a
seeing that ac on but cannot give opinions on the extent court a endance cer cate before leaving.
of Mr. B’s injuries or other details that require specialized
knowledge.
Professional Secrecy in the Medical Profession
B. Expert Witness:
An expert witness has special skills, training, or knowledge Con den ality is a fundamental principle in the medical
in a speci c eld, like medicine, forensics, or handwri ng profession. Doctors must protect the personal and medical
analysis. Unlike ordinary witnesses, expert witnesses can details of their pa ents, ensuring that all informa on shared
give professional opinions based on their exper se. during treatment remains private, except under speci c
circumstances dictated by law. This con den ality builds trust
Example: A doctor who examines Mr. B’s injuries can between the pa ent and the healthcare provider, ensuring
tes fy about the nature of the injuries. As an expert pa ents feel comfortable revealing sensi ve informa on that
witness, the doctor might say, "In my professional opinion, is necessary for their diagnosis and treatment.
the wound is consistent with a sharp object, such as a
knife." Here, the doctor is giving a professional Why Con den ality is Important:
interpreta on of the injury, not just describing it. Legal Obliga on — Doctors are legally bound to maintain
con den ality regarding all pa ent informa on. If a doctor is
C. Eyewitness: asked to disclose this informa on in a court of law, they must
An eyewitness is a person who saw the incident rsthand do so, but they must protest, ci ng the viola on of medical
and can directly tes fy about what they observed at the ethics
scene.
A. Impact on Pa ent Care — If a pa ent believes their
Example: If Mr. D was walking nearby and saw Mr. A personal informa on will be shared without their consent,
hi ng Mr. B, Mr. D is an eyewitness. He can describe they may withhold crucial details during consulta ons.
exactly what he saw, such as "I saw Mr. A approach Mr. B This can lead to incomplete or misleading clinical histories,
and hit him with his st.” which may a ect diagnosis and treatment. Maintaining
con den ality encourages openness, improving care and
D. Hos le Witness: the doctor-pa ent rela onship.
A hos le witness is someone who, either out of fear,
personal bias, or other mo ves, inten onally hides the B. Privileged Communica on:
truth or gives false tes mony. This may con ict with what De ni on: Privileged communica on is a statement made
they ini ally told the police or the court. between par es in a con den al rela onship, such as
between a doctor and a pa ent. This communica on is
Example: Suppose Mr. E originally told the police that he protected by law, meaning the doctor cannot be forced to
saw Mr. A commit the crime but later, in court, denies reveal it in court unless required by law.
seeing anything to protect Mr. A. The court may declare
him a hos le witness if his tes mony now con icts with his Circumstances Where Medical Informa on May Be
earlier statements to the police. Disclosed:

Perjury 1. For Treatment Purposes: A doctor can share informa on

- When a witness, under oath, will fully lies or gives false with other healthcare professionals (e.g., colleagues,
statements they know are false. specialists) involved in the pa ent's treatment to provide
- Punishable by up to 7 years in prison and/or a ne. comprehensive care.

Rules for Doctors Giving Evidence in Court: 2. For Research and Teaching: Medical informa on may be
- Be honest and impar al; evidence should be clear, relevant, used for research or educa onal purposes, but the
and reliable. pa ent’s iden ty should remain con den al unless the
- Dress appropriately, be punctual, and show respect for the pa ent has given explicit consent.
court.
- Speak clearly and avoid technical jargon (use lay terms like 3. Court Orders: If a court orders the disclosure of medical
"bleeding" for hemorrhage). informa on, the doctor is obligated to comply, but they
- Be brief, answer with "yes" or "no" when possible, and must report this through the Medical Director to ensure it
explain only when necessary with the judge’s permission. follows proper legal channels.
- Refresh memory using reports previously submi ed to the
court.
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 4. For Public Health: Medical informa on may be disclosed Legal Presump ons
for public health reasons, such as no fying authori es De ni on: Assump ons made without proof in certain
about no able diseases like tuberculosis (TB). The aim is situa ons.
to protect public safety.
Example: If a person is missing for over seven years, they may
5. Family of an Incompetent Pa ent: If a pa ent is mentally be presumed dead.
incapable of making decisions, the doctor may disclose
informa on to the pa ent’s family for the pa ent’s Presump on of Sanity — The law assumes that every person
welfare. is mentally sound and responsible for their ac ons, unless
proven otherwise.
6. When a Pa ent Poses a Public Safety Risk: If a pa ent is a
danger to public safety (e.g., a person with a serious Example: Suppose Mr. A is accused of murdering Mr. B. The
mental disorder who might harm others), medical court will assume that Mr. A was mentally sound when he
informa on may be disclosed to prevent harm. commi ed the murder. If Mr. A's defense lawyer claims that he
was insane at the me of the crime, the defense would have to
7. Disclosure by Forensic Medical Examiner: A forensic provide evidence (like a medical evalua on) to prove that Mr.
medical examiner has the same duty of con den ality as A was not in a sound state of mind when he killed Mr. B.
any other doctor. When examining a medico-legal case
(such as a vic m or an alleged perpetrator at the request Presump on of Innocence — In a criminal case, the law starts
of the police), only informa on relevant to the case should with the belief that the person accused of the crime is
be shared. Informa on that does not relate to the legal innocent. This means they are treated as not guilty un l
inves ga on must remain con den al. someone proves they are guilty.

Who Has to Prove What: It is the job of the prosecu on (the

Pakistan Penal Code (PPC) side trying to prove that the accused is guilty) to prove that
- Governs all criminal o enses and penal es in Pakistan. the accused person is guilty.
- Based on the Indian Penal Code; authored by Thomas
Babington Macaulay in 1860. Example Mr. A is accused of murdering Mr. B. The law assumes
- Covers substan ve aspects of criminal law, con nually Mr. A is innocent. The judge or jury will treat him as innocent,
updated. and he will not be considered guilty at this point. The
prosecu on (the side accusing Mr. A of murder) has to present
PPC Sec ons on Age and Mental Competence proof to show that Mr. A did kill Mr. B. They must provide
enough evidence (like witnesses, forensics, etc.) that convinces
Sec on 82: Acts by children under 7 are not o enses. the judge or jury that Mr. A is guilty beyond a reasonable
Sec on 83: Acts by children aged 7-12 may not be o enses if doubt.
the child lacks maturity.
Sec on 84: Acts by mentally unsound persons who cannot Onus of Proof (Simpli ed Explana on) — The onus of proof
understand the nature or wrongness of their ac ons are not refers to the responsibility to prove something in a legal case.
o enses. In criminal law, the prosecu on (the side accusing the
Sec on 85: Acts by intoxicated persons (if unknowingly defendant) has the responsibility to prove that the accused is
intoxicated) are not o enses. guilty.

Evidence Act and Competence to Tes fy What the Defense Does: The defense lawyer doesn’t need to
Sec on 118: All persons can tes fy unless they lack su cient prove that the accused is innocent. Instead, they just need to
understanding or mental ability to comprehend ques ons and show that the prosecu on hasn't proven its case beyond a
respond accurately. reasonable doubt. They can do this by raising doubts or
poin ng out weaknesses in the evidence presented by the
prosecu on.

Example: Mr. A is accused of murdering Mr. B. The prosecu on

must prove that Mr. A did kill Mr. B. They may use evidence like
witness tes monies, forensic reports, or a mo ve (like Mr. A
being angry at Mr. B).
The defense lawyer doesn’t need to prove that Mr. A is
innocent. If there are any contradic ons or uncertain es in the
prosecu on's evidence, the defense lawyer can use these to
create doubt in the minds of the judge or jury.

Favour of the Accused (Reasonable Doubt) — This principle is

a fundamental protec on in criminal law. It means that if
there is any reasonable doubt about the guilt of the accused,
then the accused must be found not guilty. The prosecu on
has to prove the case beyond any reasonable doubt. If they fail
to do so, the accused person is presumed innocent.
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 Example: Mr. A is accused of murdering Mr. B. The prosecu on
presents evidence, but it’s circumstan al—meaning it suggests
that Mr. A might be guilty, but it doesn’t directly prove it.

Circumstan al Evidence: The prosecu on might say that Mr. A

was seen near the scene of the crime. However, there are no
ngerprints or eyewitnesses who directly saw Mr. A commit
the murder.

The defense could argue that Mr. A has a solid alibi, meaning
he was somewhere else at the me of the murder.
If reasonable doubt remains—meaning that the evidence
doesn’t conclusively prove Mr. A’s guilt beyond a reasonable
doubt—then Mr. A must be acqui ed (found not guilty).

General Excep ons in Criminal Responsibility

Factors that can absolve or reduce criminal responsibility:

I. Insanity: Mental illness a ec ng understanding of ac ons.

II. Intoxica on: Impaired ac ons due to drugs or alcohol, if
administered without consent.
III. Immaturity: Applies to children who lack the maturity to
understand their ac ons.

E ects of These Excep ons:

I. Total Exemp on: Complete relief from guilt (e.g.,
insanity).
II. Reduced Responsibility: Lesser punishment (e.g.,
temporary loss of control).
III. Un t to Plead: Trial postponed if mental state declines
post-crime.

Speci c Legal Rules and Tests for Insanity

M'Naghten Rule (1843): A person is not criminally liable if, due

to a mental defect, they cannot understand the nature or
wrongness of their ac ons.

Irresis ble Impulse Test: Defense for individuals unable to

control ac ons, even if they know them to be wrong.

Durham Rule (1954): No liability if ac ons result from mental

disease.
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