Judicial principles and studies
Invalidity of an Accused’s Statement for Lack of Understanding of Rights — Code of Criminal Procedure
The study outlines when an accused’s statement is void for failure to inform the accused of legal rights—notably the right not to answer except with counsel under Article 63—and the limits on using one accused’s statement against another under Article 148(2).
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This study addresses the invalidity of an accused’s statement when the accused was not informed of legal rights—specifically the right not to answer except in the presence of counsel under Article 63 of the Code of Criminal Procedure—and the admissibility of one accused’s statement against another under Article 148(2).
Summary
A statement is void if the accused was not made aware of the legal rights provided, including the right not to answer except with a lawyer (Article 63). Under Article 148(2), an accused’s statement cannot be relied on to convict another accused unless it is accompanied by an additional corroborating circumstance.
Practical significance
Accordingly, statements obtained without the required notification of rights are to be treated as void, and an accused’s statement should not serve as evidence against another accused without supporting corroboration. This is an educational summary and not judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.