Witness Protection in Pakistan: The Law and the Gap

Witnesses in Pakistan are routinely threatened, bribed, and attacked. In serious criminal cases, particularly murder, terrorism, and organised crime, witnesses regularly turn hostile (change their statements in court) because they fear for their lives. The problem is well known, and various pieces of legislation have attempted to address it, but the implementation remains woefully inadequate.

The Witness Protection Act

The Witness Protection, Security and Benefit Act, 2017, applies to the Islamabad Capital Territory. It establishes a Witness Protection Programme under the supervision of the Sessions Judge, providing for: relocation of witnesses, change of identity documents, financial support, police protection, and in-camera testimony (testimony given in a closed courtroom or through video link). Similar legislation has been enacted in some provinces, including Punjab and Sindh.

Under the Act, any witness who reasonably believes their life or safety is at risk because of their testimony can apply for protection. The court assesses the threat level and decides whether to include the witness in the protection programme. The identity of protected witnesses is kept confidential, and any person who discloses the identity of a protected witness commits an offence.

The Reality

On paper, the framework is reasonable. In practice, implementation is almost non-existent. There is no dedicated witness protection unit. The police lack the resources and training to provide effective protection. Relocation programmes are underfunded. And the cultural reality is that witnesses in small communities cannot simply disappear. Everyone knows where they live, who their family is, and where they work.

The result is that witnesses routinely recant their statements in court. Under Section 194 PPC, giving false evidence is punishable with imprisonment up to seven years, but prosecutions for hostile testimony are rare. Judges are aware of the problem but have limited tools to address it. Section 540 of the CrPC allows the court to summon witnesses it considers essential, but if those witnesses refuse to appear or change their statements, the court's options are limited.

Until Pakistan invests seriously in witness protection infrastructure, the criminal justice system will continue to produce acquittals in cases where the evidence is strong but the witnesses are too afraid to testify.

The Investigation Process

Criminal investigations in Pakistan follow a procedure laid down in the CrPC that most people find confusing until they are actually caught up in one. Once an FIR is registered, the investigating officer (IO) is supposed to visit the crime scene, collect physical evidence, record statements of witnesses under Section 161, arrest the accused if necessary, and submit the challan (charge sheet) to the court within 14 days. In practice, investigations often drag on for months. The IO has other cases to manage, the forensic infrastructure is limited, and the complainant may need to follow up repeatedly to keep the investigation moving.

The IO's report under Section 173 CrPC is what the court relies on to frame charges. If the IO concludes that there is sufficient evidence to proceed against the accused, the challan is submitted as a 'charge sheet.' If the IO concludes that the evidence is insufficient, a cancellation report is filed. The court is not bound by the IO's recommendation and can disagree with either conclusion. A complainant who is dissatisfied with a cancellation report can file a protest petition asking the court to take cognizance despite the police recommendation.

Evidentiary Standards and Burden of Proof

In criminal cases, the burden of proof lies on the prosecution throughout. The accused is presumed innocent until proven guilty beyond reasonable doubt. This is not just a formality. Courts acquit regularly in Pakistan where the prosecution fails to meet this standard, even in serious cases. The standard requires that the evidence, taken as a whole, must be so convincing that a reasonable person would have no doubt about the guilt of the accused. If a single reasonable doubt exists, the accused is entitled to acquittal.

The types of evidence commonly relied upon in Pakistani criminal trials include: oral testimony of eyewitnesses and other witnesses, documentary evidence (FIR, site plan, recovery memos, letters, contracts), medical evidence (MLR, post-mortem report, injury certificates), forensic evidence (DNA, fingerprints, ballistics, chemical analysis), digital evidence (CCTV footage, mobile phone records, social media posts, call data records), and circumstantial evidence (where direct evidence is unavailable, the prosecution builds a chain of circumstances that points to the guilt of the accused). Each type of evidence has specific rules of admissibility and weight under the Qanun-e-Shahadat Order, 1984.

Sentencing Considerations

Pakistani courts have considerable discretion in sentencing within the range prescribed by the statute. The judge considers: the gravity of the offence, the circumstances in which it was committed, the age and background of the accused, any previous criminal history, the impact on the victim, and any mitigating factors (provocation, mental state, cooperation with the investigation, remorse). For first-time offenders in less serious cases, courts often impose sentences at the lower end of the range or suspend the sentence with conditions.

The Probation of Offenders Ordinance, 1960, allows courts to release first-time offenders on probation instead of sending them to prison, for offences punishable with up to seven years. Probation is underused in Pakistan compared to other jurisdictions, but it is available and should be considered in appropriate cases. The court appoints a probation officer to supervise the offender, and if the offender complies with the conditions of probation, the conviction may be set aside at the end of the probation period.

For offences involving financial loss to the victim, the court can order the accused to pay compensation under Section 545 of the CrPC, in addition to or instead of a prison sentence. This is separate from any civil recovery proceedings the victim may pursue. The compensation order is enforceable as a court decree.

Practical Guidance for Affected Parties

Anyone dealing with a legal matter in this area should begin by understanding the applicable law, identifying the correct forum, and assessing the strength of their position. Pakistani law provides a range of remedies, but exercising those remedies effectively requires proper preparation, timely action, and competent legal advice. The most common mistakes are: waiting too long to take action (and missing limitation deadlines), filing in the wrong forum (and having the case dismissed for lack of jurisdiction), and failing to gather and preserve evidence (which makes it difficult to prove the case in court).

Documentation is your strongest asset in any legal proceeding. Courts in Pakistan give significant weight to documentary evidence: written agreements, official records, correspondence, receipts, bank statements, and photographs. Oral testimony is important but is treated with caution, particularly where the witness has an interest in the outcome. Before any transaction or event that might give rise to a legal dispute, think about what documents you would need to prove your case, and make sure those documents are created, preserved, and accessible.