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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 (-)
During trial, when a witness alleged to be of unsound mind appears, the court must first determine the witness’s competency under Article 3 of the Qanun-e-Shahadat Order 1984. The judge conducts a preliminary examination (voir dire) by asking simple questions to assess whether the witness can understand the questions and give rational answers. If the court is satisfied about the witness’s mental capacity, it records this satisfaction in the order sheet. The court then administers oath if the witness understands its nature; otherwise, the evidence may be recorded without oath with reasons noted. After this, the testimony is recorded in the usual manner under the Code of Criminal Procedure 1898, including examination-in-chief, cross-examination, and re-examination, while the court ensures that questions are simple and that the witness is not confused or misled. For Further guidance contact via whatsapp 0311****040
Lower Court/District Court | 351 Kiyani Chambers Session Court Gujranwala
City: Gujranwala | 1-3 Years Experience | LL.B (Honours) (-)
Depends on the situation. If the person who is of unsound mind is capable of understanding the question and answer accordingly in any time frame then he will be a suitable witness during trial at that specific time period but otherwise he will not be considered qualified to give evidence.
High Court Islamabad | Chamber # 31, District Courts, Attock.
City: Attock | 5-7 Years Experience | LL.B (Honours) (-)
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