Retracted Confession in Criminal Justice System of Pakistan: A case Law Analysis

Abstract

Accused in criminal cases sometimes retract their confessions, and this is why legal systems, depending on their origin, have adopted different approaches to legality. The rule of these confessions depends on their principle. Jurisprudential schools do not have the same view on the impact of confession retract, and this difference in approach has a big impact on the laws of the countries.  This article critically analyzes the concept of retracted confession under Q.S.O, the status of retracted confession under Islamic law, how the reliability and admissibility of retracted confession effects the administration of justice in Pakistan. In this article attempt is made to analyze the rulings of superior courts and Federal Shariat Court. However retracted confessions are a complex and controversial issue in the administration of justice in Pakistan. They pose a challenge to the fairness and integrity of the judicial process, as well as to the human rights and dignity of the accused person. They also reflect the need for reforming the criminal justice system and improving the standards and practices of the police and the judiciary. Some issues discuss in this article are, how the persons confess criminal act before the beginning of trail and then retract from it during trial. What is the effect of retraction from previous statement/confession.