PROCEDURE OF CRIMINAL APPEAL IN THE LIGHT OF JUDICIAL PRECEDENTS

Authors

  • Umar Farooq Tipu
  • Sajida Faraz

Keywords:

Criminal Procedure Code (CrPC), Appeal, Code, Case law, Interpretation, Provisions

Abstract

The discussion in the paper is section-wise and in consonance with the
Criminal Procedure Code (CrPC) of 1898 of Pakistan. The central purpose of
writing this paper is to bring forward the precise account of the sections of CrPC
as akin to Appeal. The reason for mainly relying on the case laws for explaining
the topic is twofold. Firstly, we commonly have access to the text of the concerned
code, but the Code's language is so convolutedly laid down that we sometimes
make equivocal interpretations of the same. Here the case laws contain the
explanations of these sections done by the illustrious and legally adept judges.
Moreover, the plus point is that the judges’ elucidation has more value because
of their position and lifetime practical acquaintance. Secondly, the case laws
contain practical implications of the provisions of the Code. It demonstrates how
a said provision is used in real situations. The practical implications of the
provisions enable us to look at them from numerous angles and make diverse
interpretations of the same. To be brief, case laws show how and in how many
ways a provision can be employed in practical situations.

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Published

31-12-2021

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Section

Articles