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Judgments on s.262, Code of Criminal Procedure 1898
Pakistani court judgments that consider s.262, Code of Criminal Procedure 1898, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
1 judgment
Missing section 342 statement: remand, not automatic acquittal
Noor Ahmad v. The State, etc.
Issue: If the trial court never recorded the accused's statement under section 342 Cr.P.C., must the appellate court acquit him, or can it…
Held: The appellate court can send the case back. Failing to examine the accused under section 342 Cr.P.C. vitiates the conviction as recorded, but acquittal is not automatic: section 423 Cr.P.C. lets the appellate court order a retrial from the stage…
Art. 199, Constitution of Pakistan 1973s.20, Family Courts Act 1964s.262, Code of Criminal Procedure 1898s.263, Code of Criminal Procedure 1898