Section 203A: Complaint in case of Zina

(1) No court shall take cognizance of an offence under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), except on a complaint lodged in a Court of competent jurisdiction. (2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once examine, on oath, the complainant and at least four Muslim, adult male eye witnesses, about whom the Court is satisfied having regard to the requirement of tazkiyah al shahood, that, they are truthful persons and abstain from major sins (kabair), of the act of penetration necessary to the offence: Provided that, if the accused is a non Muslim, the eye witnesses may be non Muslims. Explanation. In this section “tazkiyah al shahood” means the mode of inquiry adopted by a Court to satisfy itself as to the credibility of a witness. (3) The substance of the examination of the complainant and the eyewitnesses shall be reduced to writing and shall be signed by the complainant and the eye-witnesses, as the case may be, and also by the Presiding Officer of the Court. (4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding, the Court shall issue summons for the personal attendance of the accused. (5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the four or more eye witnesses there is, in his judgment, no sufficient ground for proceeding and in such case he shall record his reasons for so doing.

Effective date: 1898-07-01

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