Protection Against Self-Incrimination: An Evaluation of Legal Framework in Pakistan

Abstract

This paper examines the legal framework of Pakistan in the context of the universally recognized right of protection against self-incrimination. Since there is scarce literature concerning the analysis of the statutory laws and judicial pronouncements in the light of this constitutional protection, this paper aims to bridge this gap by employing a black letter approach to doctrinal legal research methodology. Despite the explicit recognition of this right, there was extensive litigation involving several controversial and unresolved problems concerning the protection against self-incrimination in the apex courts of Pakistan. The examination of statutory laws in Pakistan shows that the protection guaranteed under Art. 13(b) has not been recognized in its full vigour and spirit, necessitating appropriate legislative reforms. The analysis of the judicial pronouncements clearly signifies the resolve of courts in enforcing protection against self-incrimination, but the courts are constrained to make a hard rule to protect individual rights.