Presumptuous Rights of the Accused and The Silent Suffering of Victims in Pakistan’s Criminal Justice System: A Plea for Striking Balance

Abstract

This article investigates the assumed rights of the accused within the framework of criminal justice system of Pakistan, critically evaluating their overwhelming impact on the rights of victims. It contends that the extension of these rights has frequently left victims' concerns unresolved, worsening their suffering and contributing to a cycle of recurring injury. The unconstrained application of legal concepts such as the presumption of innocence, the right to remain silent, and safeguards against double jeopardy, all designed to promote fair trials for the accused, has contributed to an alarming acquittal rate of up to 90% in Pakistan's criminal courts. This low conviction rate not only denies victims the justice they deserve, but it also undermines the fundamental aims of deterrence and prevention inherent in criminal law. As a result, there is an urgent need to rebalance the rights of the accused and victims in order to promote a more equal administration of justice for all parties concerned.  The article begins by describing the assumed rights granted to the accused and their disproportionate influence on victims' rights, which results in a skewed fair trial environment with low conviction rates. It suggests that a paradigm change toward a more balanced approach is required. The study includes a thorough examination of the importance of justice, the contrast between law and morality, the operational dynamics of the criminal justice system, and the overemphasis on the accused's rights at the expense of victims. It also investigates the underlying causes of low conviction rates, prevalent lawlessness, and the limitations of deterrence theory in Pakistan. This study is based on a thorough evaluation of current literature, which includes authoritative texts on criminal law, pertinent case law, research publications and reliable web resources. Finally, this article recommends the adoption of a sound legal framework for creating harmony, establishing regulations, and arguing for the intelligent use of legal principles to maintain fairness for both accused persons and crime victims in the criminal justice system.