ENACTMENT NO. 4 OF 1955
ADMINISTRATION OF MUSLIM LAW ENACTMENT 1955

PART IV - RELIGIOUS COURTS
Procedure in Criminal Matters



Section 46. Hearing.

(1) Any necessary sanction to prosecute shall be proved.

(2) The accused shall be charged. If he pleads guilty, he may be convicted and sentenced on such plea.

(3) If the accused claims trial or refuses to plead, the prosecutor shall outline the facts to be proved and the relevant law and shall then call his witnesses.

(4) Each witness shall be examined by the party calling him and may then be cross-examined by the opposing party. Cross-examination may be directed to credibility. The party who called the witness may then re-examine 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 re-called, by leave of the Court.

(5) If after hearing the witnesses in support of the prosecution there be not sufficient evidence to establish the guilt of the accused of the offence charged the Court shall dismiss the case otherwise it shall call on the accused for his defence.

(6) If called on for his defence, the accused may address the Court, and then may either give evidence or make a statement without being sworn or affirmed or stand silent. If the accused elects to make a statement he shall not be liable to be cross-examined. If the accused gives evidence, he may be cross-examined, but not as to character or as to other not charged.

(7) The accused may then call his witnesses.

(8) The accused may sum up on the case.

(9) The prosecutor may reply generally.

(10) The Court shall then either convict or acquit the accused.

(11) If the accused is convicted, the Court may be informed of previous offences and shall have regard to any plea for leniency.

(12) The Court shall then pass sentence according to law.

(13) At any stage of the hearing before verdict the prosecutor may withdraw the charge and the case shall then be dismissed:

(14) The Court shall at all times satisfy itself that the accused understands the nature and effect of the proceedings and has a proper opportunity to defend himself.

(15) All evidence shall be given in the presence of the accused and shall, if in a language not understood by him, be interpreted to him.

(16) The Court shall record the evidence in writing in narrative from and shall also record its verdict and sentence, if any.




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