The role of confession by the accused person has an important place in the judicial structure of Pakistan. The courts evaluate the admissibility of the confessional statement and apply their judicial mind with free consent. The legal framework of Pakistan including QSO 1984, and Cr. P. C 1898 provides basic law and procedure to record a confession in the criminal justice system. However, the accused is not being dealt with fairly while recording confessions at the pre-trial and trial stage. Usually, police use undue influence to record a confessional statement. The procedures adopted for the recording of confession during the pendency of the trial. The current study has evaluated the values and norms of recording confessional statements. This research paper adopted the doctrinal research methodology to achieve the objectives. In addition, it also argues for the acceptability of the confession of co-accused in the criminal justice system. Moreover, this research evaluates the validity of a confessional statement in the justice process in Pakistan. Lastly, this research discusses the executable references regarding the recording of confession at all stages and its value in the eyes of law to uphold justice and avoid the unjust.
Every right is subject to some correlated duty. The Constitution of Pakistan has envisaged certain limitations on the ultimate right to speech. Unqualified fundamental rights ought not to exist in a society. Freedom of speech is known as a pre-condition to all sorts of fundamental rights yet has certain limitations regarding its enjoyment. The restriction on the basic right to speech under the Constitution can be stated as the problem statement of this research. While unveiling the restrictions provided in the Constitution of Pakistan is the basic research question and the research objective is to find out the adequacy of restrictions regarding freedom of speech and draw an inference in the light of case laws. The following article’s qualitative research comprises a case law study that elaborates judicial precedents regarding limitations on freedom of speech. This research article emphasizes that the right of freedom of speech must prevail in all the circumstances, yet the citizens are also accountable and have to face the music otherwise. On the other hand, the court must remain impartial while interpreting the Constitution with the prudent mind in a broader spectrum. The theory of necessity must be buried under the deep layers of earth.
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