1[350A. Changes in constitution of Benches. No order or judgment of a Bench of Magistrates shall be invalid
by reason only of a change having occurred in the constitution of the Bench in any case in which the Bench by which
such order or judgment is passed is duly constituted under sections 15 and 16, and the Magistrates constituting the
same have been present on the Bench throughout the proceedings.]
351. Detention of offenders attending Court.(1) Any person attending a Criminal Court, although not under
arrest or upon a summons, may be detained by such Court for the purpose of inquiry into or trial of any offence of
which such Court can take cognizance and which, from the evidence, may appear to have been committed, and may be
proceeded against as though he had been arrested or summoned.
(2) When the detention takes place 2* * * after a trial has been begun the proceedings in respect of such person
shall be commenced afresh, and the witnesses reheard.
352. Courts to be open. The place in which any Criminal Court is held for the purpose of inquiring into or trying
any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can
conveniently contain them:
3[(1)] Provided that the Presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into,
or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or
remain in, the room or building used by the Court.
3["(2) Notwithstanding anything contained in subsection (1), the trial of offences under sections 354A, 376,
376A, 377 and 377B of the Pakistan Penal Code, 1860 (Act XLV of 1860) shall be conducted in camera:
Provided that the Presiding Officer, if he thinks fit, or on an application made by either of the parties, allow any
particular person to have access to, or be or remain in, the Court.
(3) Where any proceeding are held under subsection (2), the Government may adopt appropriate measures,
including holding of the trial through video link or usage of screens, for protection of the victim and the witnesses.
(4) Where any proceedings are held under subsection (2), it shall not be lawful for any person to print or publish
or broadcast any matter in relation to any such proceedings, except with permission of the Court.].
CHAPTER XXV
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
353. Evidence to be taken in presence of accused. Except as otherwise expressly provided, all evidence taken
under 4[Chapters XX, XXI, XXII and XXIIA] shall be taken in the presence of the accused, or, when his personal
attendance is dispensed with, in presence of his pleader.
354. Manner of recording evidence. In inquiries and trials (other than summary trials) under this Code by or
before a Magistrate 5* * *or Sessions Judge, the evidence of the witnesses shall be recorded in the following manner.
1 S. 350A ins. ibid, s.95.
2 The words “in the course of an inquiry under Chapter XVIII or” omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
3 Renumber, added by Act XLIV of 2016,s.13.
4 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “Chapters XVIII, XX, XXI, XXII, and XXIII”.
5 The parenthesis and words “(other than a Presidency Magistrate)” omitted by A.O., 1949, Sch.
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