Significant challenges in the Criminal Procedure of Pakistani Courts: A Qualitative Analysis

Abstract

The criminal procedure system in Pakistan is facing significant challenges, with addition of backlog of cases, inefficiencies in the legal process, and a lack of modern investigative techniques and court procedures. These issues have detrimental effects on the accused, victims, witnesses, and society as a whole, leading to a lack of confidence on the system and obstruct the timely dispensation of justice. The backlog of cases creates difficulties to delays in the legal process, violating the right to fast justice and causing frustration among those involved. Inefficiencies in the legal system include frequent adjournments, slow case proceedings, and a shortage of judges, which delay the sensible resolution of cases and throw in to a lack of trust in the system. The law enforcement in Pakistan has lacks of modern investigative techniques, delay the collection of evidence and affecting the strength of cases from the outset. Additionally, the judiciary's dependence on outdated laws and procedures further intensifies delays in the legal process. Delays in the criminal justice system have adverse effects on the accused, victims, witnesses, and society at large, impacting their mental health, violating the right to a fair and prompt trial, and eroding confidence in the legal system. Addressing these issues is crucial to ensure the timely dispensation of justice and safeguarding the rule of law in Pakistan. Recommendations for improving the criminal justice system include implementing procedural reforms to restructure court processes, allocating adequate resources to improve court infrastructure, staffing, and technological capabilities, strengthening anti-corruption measures and promoting judicial accountability and transparency, and enhancing legal education and awareness programs to empower citizens with knowledge of their rights and responsibilities.