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Procedure of recording of evidence of unsound mind witness during trial
The recording of evidence for an accused person of unsound mind is governed by a strict, mandatory procedure within the Code of Criminal Procedure (CrPC), 1898 (Sections 464–475), supported by the Qanun-e-Shahadat Order (QSO), 1984, and relevant case law, such as the Safia Bano case (PLD 2021 SC 488). The law ensures that an individual unable to understand the proceedings due to mental incapacity is not subjected to a "farce" of a trial.
LowerCourt/District Court | 242/A, District Court Faisalabad
City: Faisalabad | 7-10 Years Experience | B.A, LL.B,LL.M
Aslam o Alikum, Please check the Evidence Chapter of CrPC. Muhammad Faysal Ghazi Adv *******
High Court Lahore | Chamber No. 49/50, Sufi Barkat Ali Building, District Courts Faisalabad
City: Faisalabad | 23-25 Years Experience | B.A, LL.B,LL.M
Unsound mind could not testify before competent court
High Court Sindh | 5-A, First floor, Fareed chambers, Abdullah Haroon Road Saddar, Karachi
City: Karachi | 3-5 Years Experience | LL.B (Honours)
According to Article 3 of the Qanoon-e-Shadat, any person is a competent witness if he is able to understand the question and give its rational answer. Therefore, Court before recording evidence, first will make sure that the person recording the evidence is of sound mind by conducting preliminary inquiry, medical records etc. If person is found of unsound mind, his/her statement will not be taken or else, will follow the usual procedure to record the evidence.
High Court Sindh | R-5, Sumaira Bungalows, Scheme 33, Gulzar-e-Hijri, Karachi
City: Karachi | 3-5 Years Experience | B.A, LL.B
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