Mode of Taking and Recording Evidence in Inquiries and Trials: Ch. XXV [Ss. 353 to 365] CrPC

Abstract

The Code of Criminal Procedure, 1898 (Cr. P. C. 1898) is the general law of criminal procedure in Pakistan. The Procedure is an adjective law . The general substantive law of crime is contained in the Pakistan Penal Code, 1860. There are also special laws of both kinds and the rule is that where a general and special law is in conflict with each other the special law is to prevail. Where there is no provision in a special law concerning any matter the general law may be applied for the ends of justice. It brings consistency in the administration and application of law. Inquiries and trials are not one and the same thing. An inquiry is prior to trial while a trial is after an inquiry and it starts from the framing of the charge and ends at pronouncement of judgment. In this paper mode of taking and recording evidence in inquiries and trials is discussed, analyzed and commented upon in the light of the judicial precedents available on the subject. Chapter 25 is devoted by the Code for this subject. It contains twelve operative sections (ss. 353 to 361 and 363 to 365).