Assessing Harmless Errors in Offenses against Human Body and Property: A Review of Court Decisions

Abstract

The current study aims to identify different harmless errors in crimes involving harm to the human body and property. An error that is deemed "harmless" refers to errors made in a judicial decision that do not lead to the overturning of said decision. Many studies have been conducted abroad to identify harmless errors in the background of various subjects, such as constitutional law, criminal law, and civil law. Unfortunately, there is a lack of research on harmless errors in criminal cases in Pakistan. Through the use of qualitative content analysis, this study discovered that despite various issues such as delays, failure to fulfill legal requirements, and incomplete testimonies, the appellate court upheld the conviction of the accused. According to the study, the appellate courts did not give sufficient consideration to the inconsistencies in witness testimonies and other evidence related to minor matters, nor did they adequately address the prosecution's presentation or lack of certain witnesses and evidence. This study will provide valuable insights for both academics and professionals seeking to gain a deeper understanding of the non-malicious errors that can occur in offenses involving harm to the human body and property.