In Pakistan, the Prosecution’s Opening Statement is governed by the Code of Criminal Procedure (CrPC), 1898. Here are the key provisions:
Section 265-C of the CrPC
1. The prosecution shall, before the examination of the first witness, deliver an opening statement.
2. The opening statement shall outline the case against the accused.
Section 266 of the CrPC
1. The prosecution shall provide a list of witnesses and a summary of their statements.
2. The prosecution shall also provide a list of exhibits and a brief description of each exhibit.
Requirements of the Prosecution’s Opening Statement
1. Clear and concise: The opening statement should be clear, concise, and free from ambiguity.
2. Outline the case: The opening statement should outline the case against the accused, including the charges and the evidence.
3. Preview key evidence: The opening statement should preview the key evidence that will be presented during the trial.
4. Avoid inflammatory language: The opening statement should avoid inflammatory language or statements that may prejudice the accused.
Consequences of Non-Compliance
Failure to comply with the requirements of the Prosecution’s Opening Statement may result in:
1. Adjournment of the trial: The trial may be adjourned to allow the prosecution to comply with the requirements.
2. Exclusion of evidence: The court may exclude evidence that was not disclosed in the opening statement.
3. Prejudice to the prosecution’s case: Failure to comply with the requirements may prejudice the prosecution’s case and result in an acquittal.
