Confessional Evidence under the Qanun-e-Shahadat Order, 1984: A Critical Appraisal

Abstract

Confessional evidence has traditionally held an advantaged but highly debated place in criminal justice systems, especially those in which the investigative capacity is still poor and the use of testimonial evidence is acute. The confession regulation in Pakistan is mainly as provided in the Qanun-e-Shahadat Order, 1984, which tries to balance the value of the confessions of the accused with the need to prevent coercion, abuse and miscarriage of justice of the accused persons. The law officially separates judicial and extra-judicial confessions, puts limitations on the admissibility of statements given to officers of the police, and underlines voluntariness as the determinant condition of admissibility. Regardless of these precautions, the confession evidence in jail settings continues to have a disproportional impact on the criminal adjudication process, typically in the context of custodial abuse, investigatory lapses, and structural pressures to dispose of cases quickly, in lieu of the rigor of the evidence.

This paper is a criticism of the legal system in the confessional evidence contained in the Qanun-e-Shahadat Order, 1984, its doctrinal presuppositions, judicial interpretation, and functioning. It is based on the view that although the law states a wary and rights-defensive cost, the weaknesses inherent in the system of policing, prosecution, and trial-level adjudication seriously limit its effectiveness. Their continued use of confessions is demonstrated to be a less indication of its own reliability than it is a symptom of wider institutional failures such as a lack of forensic competence and institutionalized coercion. Placing confessional evidence into the framework of the constitutional rights to the fair trial and due process, the article reveals the pressing necessity of the redefinition of the evidentiary priorities and the reinforced protection against the miscarriage of justice to guarantee the integrity of the criminal justice system.