The Investigation for Fair Trial Act, 2013 regulates the powers of the law-enforcement agencies and intelligence agencies for the collection of evidence by means of modern techniques and devices. This legislation authorized the agencies mentioned in section 3 of the Act i.e. ISI, three services intelligence agencies, Intelligence Bureau and Police, for collection of evidence through interception including emails, SMS, IPER/CDR, and any form of computer-based or cell-based information with respect to offenses under the laws given in schedule-I of the Fair Trial Act and all such evidence are admissible in the court of law. This Act extends to the whole of Pakistan and its application is provided in Section 3. This Act provides the form, consideration, and authorization of warrant and manner of issuance of a warrant. 

Investigation for Fair Trail Act, 2013 ensures fair trial in the best interest of justice.In 2010, Article 10-A was inserted in the Constitution by the 18th Amendment and read as "Right to a fair trial: For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process. Thus, the right to a fair trial is now a fundamental, constitutional right belonging to every citizen of Pakistan; it extends not only to criminal charges but also to civil rights and obligations in the following aspects:

1. Presumption of innocence
2. Independent, impartial, and competent judge
3. Expeditious trial
4. The hearing should be in open court
5. Knowledge of accusation and adequate opportunity
6. Trial in presence of accused
7. Evidence to be taken in presence of accused
8. Cross-examination of prosecution witnesses
9. Prohibition of double jeopardy
10. Legal aid

Presumption of innocence

This principle is based on the underlying fact that there must not be a wrongful conviction of an innocent person as this will decrease and shake the confidence of the people in the Pakistan Judicial System. The presumption of innocence is based on the presumption by law. Under this principle each and every accused is presumed to be innocent unless proved guilty of a crime beyond reasonable doubts. The burden of proving the accused guilty is on the prosecution. The presumption of innocence is present at the beginning of all the criminal trials in an adversary system and the provisions of the criminal codes are so framed that the presumption of innocence is taken into consideration throughout the criminal trial.  

Independent, impartial, and competent Judge

The independence of the judiciary means that the judiciary is not interfered with by the government or any political party. The independence of the judiciary is ensured by separating the three organs of the government i.e. legislature, executive, and the judiciary which ensures that they are not under the control of any state government and therefore ensures their independence. Impartiality denotes the conduct of the Judges who are supposed to conduct the trial and give the decision of acquittal or conviction without any biases towards the accused or the victim. Here bias refers to a predetermined opinion by a judge towards the accused. The competency of a judge refers to the territorial and pecuniary jurisdiction of a judge.

Expeditious Trial

‘Justice delayed is Justice denied’ is a well-settled principle of criminal jurisprudence. Expeditious trial refers to the right of speedy trial of an accused. This principle was considered under the concept of a fair trial to avoid unnecessary harassment of the accused.

Knowledge of accusation and providing adequate opportunity to him

A person may or may not have knowledge of the charges he has been accused of.

Trial in presence of the accused

One of the principles of a fair trial is that the criminal courts shall not proceed ex parte against the accused person. All the proceedings of a criminal trial should be conducted in the presence of the accused. It is also based on the major reason that every accused should be given an opportunity to prepare his defense which is possible only if he properly understands the case from the prosecution side. A criminal trial in the absence of the accused is not supported by the principles of natural justice.

Evidence to be taken in presence of accused

The Code of Criminal Procedure provides that all evidence be taken in the presence of the accused or his pleader. The code also provides the Magistrate with the power to dispense the attendance of the accused if his personal attendance is not mandatory in the interest of justice. The code of criminal procedure provides that if any evidence is given in a language not understood by the accused, then it should be interpreted to him in open court in a language understood by him. However, non-compliance with this provision will not vitiate the trial but will be a mere irregularity.

Cross-examination of prosecution witnesses

In order to check the credibility of the witnesses, their cross-examination is necessary. The prosecution should inform the court in advance of the witnesses he intends to bring. This is based on the underlying principle of giving an equal and fair chance to both parties by means of the interrogation of witnesses. The accused should not be denied to examine the prosecution of witnesses.

Prohibition of double jeopardy

This concept of double jeopardy is if a person is tried and acquitted or convicted of an offense he cannot be tried again for the same offense or on the same facts for any other offense. The Constitution of Pakistan 1973 provides that no person shall be prosecuted and punished for the same offense more than once. The code of criminal procedure is embodied with the rule that once a person is convicted or acquitted of an offense he should not be tried with the same offense or with the same facts for any other offense. The same is incorporated in the Act.

ہیلپ_لائن_برائے_مفت_قانونی_مشاورت

+923317899370 is a free legal aid helpline in a legal emergency.