Law: Criminal Procedure Code (V of 1898)

Section: 256,257

Law: Constitution of Pakistan, 1962

Section: 58(3)

(a) Constitution of Pakistan (1962), Art. '58(3)-Leave to appeal to Supreme Court-Granted to consider question whether on a change in procedural law by competent Legislature, during pendency of criminal case, trial is to be regulated by old or new procedure. (b) Criminal Procedure Code (V of.1898), Ss. 256 & 257 [as amended by Code of Criminal Procedure (West Pakistan Amendment) Act (XVII of 1964)]-Effect of amendment. Under the amended section 257, Criminal Procedure Code, an accused person is debarred from recalling a prosecution witness who has already been cross-examined. The result is that now under the amended section 256, no witness who has been cross-examined before the charge, can be recalled for further cross-­examination and section 257 is also now not available for recalling such a witness, whether examined before or after the charge, for the purpose of further cross-examination. Of course, if the witness was not actually cross-examined at all, though examined before the charge, he could be recalled for cross-examination under section 257 of the Code. It would follow that the witnesses for the prosecution, under the amended procedure, can be subjected to cross-examination only at one stage of the case, whether before or after the charge. (c) Interpretation of statutes-Alteration in procedural law during pendency of an action-Whether retrospective in operation. The general principle is that when the law is altered during the pendency of an action, the rights of the parties are decided according to the law as it existed when the action was begun unless the new statute shows a clear intention to vary such rights. Where the Legislature has made its intention clear that the amending Act should have a retrospective operation, there is no doubt that it must be so construed even though the consequences may entail hardship to a party. But even without express words to that effect, retrospective effect may be given to an amending law if the new law manifests such a necessary intendment. With regard to procedural laws, the general principle seems to be that alterations in procedure are retros­pective unless there be some good reason against such a view. A…

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