ENACTMENT NO. 3 OF 1964 ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963
PART V - PROCEDURE-GENERAL Procedure-Criminal
Section 36. Hearing.
(1) At any trial before the Court, the following procedure shall apply, that is to say-
(a)Any necessary sanction to prosecute shall be produced.
(b)The charge shall be read to the accused.
(c)If the accused pleads guilty he may, if the Court is satisfied that he understood the nature and consequences of his plea, forthwith be convicted and sentenced.
(d)If the accused claims trial or refused to plead, the prosecutor shall outline the facts to be proved and shall then call his witnesses to prove those facts.
(e)Each prosecution witness shall be examined by the prosecutor and may then be cross-examined by the accused person. A witness may after being cross-examined be re-examined by the prosecutor on matters arising out of the cross-examination. The Court may put any question to any witness at any time. Any further question may be put, or the witness may be recalled, by leave of the Court.
(f)After hearing the witnesses for the prosecution the Court shall in accordance with the evidence before it either dismiss the case or call on the accused for his defence.
(g)If called on for his defence, the accused may address the Court and may then either give evidence on oath or affirmation, or make a statement without being sworn or affirmed, in which case he shall not be liable to be cross-examined, or he may stand silent. If the accused gives evidence, he may be cross-examined, but not as to character or as to other offences not charged. He may then call any witness he may have, and the provisions of paragraph (e) shall apply to such witnesses, as if there were read for the word "prosecution", the word "defence", and there were substituted for the word "prosecutor" the words "accused person" and vice versa.
(h)The accused may sum up on the case.
(i)The prosecutor may reply generally.
(j)The Court shall then either convict or acquit the accused.
(k)if the accused is convicted, the prosecutor may inform the Court of any previous conviction of the accused and the Court shall, before passing sentence on the accused, have regard to any plea for leniency made by the accused.
(2) At any stage of the hearing (before conviction or acquittal) the prosecutor may inform the Court that he does not intend to proceed further against the accused in respect of the charge and the Court shall in any such case forthwith discharge and acquit the accused in respect of the said charge:
Provided that, if the complainant be the prosecutor, he shall not, unless he acts in any of the capacities specified in paragraphs (a) to (c) of section 33 of this Enactment, be allowed to so inform the Court of his intention not to proceed further without first obtaining the leave of the Court.
(3) The Court shall at all times satisfy itself that the accused person understands the nature and effect of the proceedings and has a reasonable opportunity to defend himself.
(4) All evidence shall be given in the presence of the accused person and shall, if it is given in a language not understood by him, be interpreted to him.
(5) The Court shall record the evidence in narrative form and shall also record the Court's decision and the sentence imposed, if any.