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AFRASIAB MOHAL JUDICIAL ACADEMY, LAHORE 0345-4644423 QANUN-E-SHAHADAT ORDER, 1984 PART I RELEVANCY OF FACTS ARTICLE 1: SHORT TITLE, EXTENT AND COMMENCEMENT     This Order may be called the Qanun-e-Shahadat , Order 1984 Extends to whole Pakistan Applies to all judicial proceedings Not apply to pr...

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AFRASIAB MOHAL JUDICIAL ACADEMY, LAHORE 0345-4644423 QANUN-E-SHAHADAT ORDER, 1984 PART I RELEVANCY OF FACTS ARTICLE 1: SHORT TITLE, EXTENT AND COMMENCEMENT    

This Order may be called the Qanun-e-Shahadat , Order 1984 Extends to whole Pakistan Applies to all judicial proceedings Not apply to proceedings before arbitrator

ARTICLE 2: INTERPERTATION: 1. In this order, unless there is anything repugnant in the subject or context A. COURT Includes all  Judges  Magistrates  All persons Legally authorized to take evidence o Except arbitrators B. DOCUMENT:  All matters  Expressed or described  Upon any substance By means of o Letters o Figures or o Marks  Or by more than one of those means  Intended to be used or which may be used  For the purpose of  Recording that matter C. EVIDENCE: i. ORAL EVIDENCE:  All statements o Which the court permits o Or required to be made before it  By witnesses o In relation to matter of fact o Under inquiry 1

ii. DOCUMENTARY EVIDENCE:  All documents  Produced for the o Inspection of court D. FACT: i. PHYSICAL FACT:  Anything  State of things or  Relation of things o Capable of being  Perceived by senses ii. PSYCHOLOGICAL FACT:  Any mental condition  Of which any person is o Conscious E. MODERN DEVICES:  Automated electronic information system  Electronic documents  Electronic signatures  Advance electronic signature  Security procedure o Bear the meanings given in  Electronic Transactions Ordinance, 2002 F. CERTIFICATE:  Where content so admits  Includes meaning  Given in o Electronic Transactions Ordinance, 2002 2. RELEVANT FACT:  Connected with the other  In any of the ways  Referred in QSO 3. FACT-IN-ISSUE:  Any fact from which either o By itself or o In connection with other facts  The existence  Non existence  Nature or  Extent of  Any right 2

 

Liability or Disability  Asserted or  Denied In any suit or proceedings necessarily following

4. FACT PROVED:  When after considering matter before it  The Court either o Believes it to exist or o Considers its existence so probable that  A prudent man ought  Under the circumstances of the case  To act upon the supposition That it exists 5. FACT DISPROVED:  When after considering matter before it  The Court either o Believes it does not exist or o Considers its non-existence so probable that  A prudent man ought  Under the circumstances of the case  To act upon the supposition That it does not exists 6. FACT NOT TO BE PROVED:  When it is o Neither proved o Nor disproved 7. PERMISSIVE PRESUMPTION:  Whenever it is provided by this Order that  This court may presume a fact  It may either o Regard such fact as proved  Unless and until disproved o Or may call for proof of it 8. OBLIGATORY PRESUMPTION:  Whenever it is directed by this Order that  This court shall presume a fact  It shall regard such fact o As proved  Unless and until disproved

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9. CONCLUSIVE PROOF:  When one fact is declared by this Order  To be the conclusive proof of other  The court shall  On proof of one fact  Regard the other o As proved  And shall not allow evidence o For disproving it

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CHAPTER 2 OF WITNESSES ARTICLE 3 WHO MAY TESTIFY  All person  Shall be competent o To testify  Unless o Prevented from understanding questions o Or from giving rational answer o Due to  Tender age  Extreme old age  Disease of body your mind  Or any other cause of same kind  Exceptions o Convicted of perjury o Or giving false evidence  Unless he repented or mended his ways  Lunatic is not incompetent o Unless cannot give rational answer

ARTICLE 17 COMPETENCE AND NUMBER OF WITNESSES  To be determined in accordance with the injunction as laid down in the o Holy Quran and o Sunnah  Otherwise provided in hudood or any other special law o Financial or future obligation  Instrument shall be attested by  2 men or  1 man and 2 woman o Other matters  1 man or  1 woman Or as the circumstances may warrant

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ARTICLE 79 PROOF OF EXECUTION OF DOCUMENT REQUIRED BY LAW TO BE ATTESTED  A document shall not be used as evidence  Unless o 2 attesting witnesses attested o If  Alive and  Subject to the process of court and  Capable  Not necessary to call an attesting witness  In proof of the execution of any document o Not being a will  Unless o Its execution by the person by whom it purports to have been executed  Specifically denied

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PRIVILEGED COMMUNICATIONS ARTICLE 4 JUDGES AND MAGISTRATES  Should not be compelled to answer o To answer any question as to his conduct  In court as judge or magistrate o Or to anything which came to his knowledge  Except o By order of court to which he is subordinate o Or to matters occurred in his presence while he was so acting

ARTICLE 5 COMMUNICATION DURING MARRIAGE      

Person cannot be compelled to disclose Any communication made to him By a person to whom He is or has been married Nor he shall be permitted to disclose Unless o Person who made it or his representative in interest consents o Suits between married persons o Married persons prosecuted for the crime against the other

ARTICLE 6 EVIDENCE AS TO AFFAIRS OF STATE  No one shall be permitted o To give evidence  Derived from unpublished a record  Relating to affairs of state  Except o Permission of officer at the head of department concerned ARTICLE 7 OFFICIAL COMMUNICATION    

No public officer Shall be compelled to disclose Communication made to him In official confidence When he considers that public interest would suffer by that disclosure

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ARTICLE 8 INFORMATION AS TO COMMISSION OF OFFENSES  No Magistrate or police officer shall be compared to say  And no revenue officer shall be compelled to say o Where he got any information o As to commission of offense

ARTICLE 9 PROFESSIONAL COMMUNICATION    

No advocate Shall at any time be permitted to disclose Any communication made to him Or to state contents or conditions of any document o With which he has become acquainted  Or to disclose any advice given by him through his client o In the course and for the purpose of such employment  Except o With client’s express consent o Communication made in furtherance of illegal purpose o Any fact observed by advocate  Showing that any crime or fraud has been committed  Since the commencement of his employment  Whether the attention of advocate directed to such fact by our own behalf of his client ARTICLE 10 ARTICLE 9 TO APPLY TO INTERPRETERS, ETC  Shall apply to o Interpreters o Clerks or o Servants of advocates

ARTICLE 11 PRIVILEGE NOT WAIVED BY VOLUNTEERING EVIDENCE    

If a party to suit gives evidence at its own instance or otherwise He shall not be deemed to have consented to such disclosure Also if a party called such advocate as witness He shall be deemed to have consented only if o He questions such advocate on meter o Which he would not be at liberty to disclose 8

ARTICLE 12 CONFIDENTIAL COMMUNICATION WITH LEGAL ADVISORS  No one shall be compelled to disclose any confidential communication  Between him and his legal advisor  Unless o He offered himself as witness in which he may be  Compelled to disclosed ARTICLE 13 PRODUCTION OF TITLE DEED OF WITNESS, NOT A PARTY  A witness cannot be compelled to produce o His title deeds o Or documents which might  Criminate him  Who is not a party unless o He has agreed in writing

ARTICLE 14 PRODUCTION OF DOCUMENTS WHICH ANOTHER PERSON HAVING POSITION, COULD REFUSE TO PRODUCE  No one shall be compelled to produce documents in his possession  Unless o Consented for their production

ARTICLE 15 WITNESS NOT EXCUSED FROM ANSWERING ON GROUND THAT ANSWER WILL CRIMINATE  A witness shall not be excused from answering any question  As to matter relevant upon ground that o Answer will criminate him o May tend directly or indirectly to criminate him or o It will expose, or tend directly or indirectly expose such witness to  Penalty or  Forfeiture  Such answer shall not subject him to any arrest or prosecution proved against him Except  Prosecution for giving false evidence 9

CHAPTER 3 OF THE RELEVANCY OF FACTS ARTICLE 18 EVIDENCE MAY BE GIVEN OF FACTS IN ISSUE AND RELEVANT FACT  Declared to be relevant Shall not enable to give evidence of fact which he is dis-entitled to prove

ARTICLE 19 RELEVANCY OF FACT OF FORMING PART OF SAME TRANSACTION  Facts though not in issue but so connected  Whether they occurred at same time and place or at different time and places

ARTICLE 20 FACTS WHICH ARE THE OCCASION, CAUSE OR EFFECT OF FACTS IN ISSUE  Facts which are the occasion, ca use or effect immediately or otherwise of relevant facts or facts in issue, or

 Facts which constitute the state of things under which they happened

 Facts which afforded an opportunity for their occurrence or transaction

ARTICLE 21 MOTIVE, PREPARATION AND PREVIOUS OR SUBSEQUENT CONDUCT  Any fact is relevant which shows or constitute a motive for any effect in issue or relevant fact

 Fact showing preparation for fact an issue

 Conduct of party in respect of proceeding fact in issue or relevant fact  Conduct of an offender if such conduct influences or influenced by any fact in issue or relevant fact

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ARTICLE 22 FACTS NECESSARY TO EXPLAIN OR INTRODUCE RELEVANT FACT  Facts necessary to explain or introduce a fact in issue or relevant fact

 Facts which support or rebut an inference suggested by a fa ct in issue or relevant fact

 Facts which establish the identity of anything or person whose identity is relevant

 Fact which fix the time or place at which any fact in issue or relevant fact happened

 Fact which showed a relation of parties by whom any such fact was transacted

ARTICLE 23 THINGS SAID OR DONE BY CONSPIRATOR IN REFERENCE TO COMMON DESIGN  Where there is a reasonable ground to believe o That person conspired together  Done or written o When such intention was entertained by one of them  Is relevant fact against each  As well as for the purpose

ARTICLE 24 WHEN FACTS NOT OTHERWISE RELEVANT BECOME A RELEVANT  If they are inconsistent with an effect in issue or relevant fact  If they make the existence or non-existence of any fa ct in issue or relevant fact highly probable or improbable ARTICLE 25 IN SUITS FOR DAMAGES FACTS TENDING TO ENABLE COURT TO DETERMINE AMOUNT ARE RELEVANT  Suits in which damages are claimed  Fact which enable the court to determine amount  Is relevant 11

ARTICLE 26 FACTS RELEVANT WHEN RIGHT OR CUSTOM IS IN QUESTION  Any transaction by which the right or custom was o Created o Claimed o Modified o Recognized o Asserted or o Denied or o Which is inconsistent with its existence  Particular instances in which the right or custom was o Claimed o Recognized or o Exercise or o In which its exercise was  Disputed  Asserted or  Departed from

ARTICLE 27 FACTS SHOWING EXISTENCE OF STATE OF MIND, OR OF BODY, OR BODILY FEELING  Fact showing the existence of any state of mind so just intention etc

 Facts showing existence of state of body

 Fact showing bodily feelings

ARTICLE 28 FACTS BEARING QUESTION WHETHER ACT WAS ACCIDENTAL OR INTENTIONAL  The fact that subject formed part of  A series of similar occurrence is relevant ARTICLE 29 EXISTENCE OF COURSE OF BUSINESS WHEN RELEVANT  When there is a question whether a particular act was done  Existence of any course of business  Is a relevant fact 12

ADMISSIONS ARTICLE 30 ADMISSION DEFINED  Statement oral or documentary  Suggests any inference as to o Fact in issue or o Relevant fact

ARTICLE 31 ADMISSION BY PARTY TO PROCEEDING OR HIS AGENT, ETC  Statement made by o Party to proceedings o Agent to any such party  Statements made by parties to suits, suing or sued in a representative character are not admissions unless o They were made while the party making them held that character  Statements made by persons o Who have proprietary or pecuniary interest in subject matter - person interested o Person who derived their interest in subject matter

ARTICLE 32 ADMISSION BY PERSONS WHOSE POSITION MUST BE PROVED AS AGAINST PARTY TO SUIT  Statements made by persons whose position or liability it is necessary to prove as against any party to suit are admissions  Statements would be relevant if o Made whilst person making o Occupies such position or o Is subject to such liability

ARTICLE 33 ADMISSION BY PERSON EXPRESSLY REFERRED TO BY PARTY TO SUIT  For information in reference to matter in dispute

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ARTICAL 34 PROOF OF ADMISSIONS AGAINST PERSONS MAKING THEM, AND BY OR ON THEIR BEHALF  Proved against person who makes them  Cannot be proved by or on behalf, except o Person making it were dead o Statement of existence of state of mind or body, relevant or in issue o Relevant otherwise

ARTICLE 35 WHEN ORAL ADMISSIONS AS TO CONTENTS OF DOCUMENTS ARE RELEVANT  Not relevant  Unless and until o If the secondary evidence of the contents of the document is possible ARTICLE 36 ADMISSION IN CIVIL CASES WHEN RELEVANT  No admission is relevant  If it is made either upon an express condition that o Evidence of it not be given or o Parties agreed together

ARTICLE 45 ADMISSION NOT CONCLUSIVE PROOF BUT MADE A ESTOP…  Proof of matters admitted  May operate as estoppel ARTICLE 37 CONFESSIONS CAUSED BY INDUCEMENT, THREAT OR PROMISE, WHEN IRRELEVANT IN CRIMINAL PROCEEDINGS  Confessions made by accused is irrelevant if o Caused by inducement, threat, or promise o Such inducement, threat or promise is proceeded by a person in authority o Search inducement, threat or promise had given the accused reasonable ground to suppose that by making such confession he would  Gain an advantage or  Avoid any evil of temporal nature

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ARTICLE 38 CONFESSION TO POLICE OFFICER NOT TO BE PROVED  No confession can be proved  Made to a police officer

ARTICLE 39 CONFESSION BY ACCUSED WHILE IN CUSTODY OF POLICE NOT TO BE PROVED AGAINST HIM  Subject to article 40  Confession made in immediate presence of magistrate maybe proved against him Magistrate does not include head of village discharging magisterial functions

ARTICLE 40 HOW MUCH OF INFORMATION RECEIVED FROM ACCUSED MAY BE PROVED    

A fact discovered in consequence of an information received By an accused While in custody of police May be proved against him

ARTICLE 41 CONFESSION MADE AFTER REMOVAL OF IMPRESSION CAUSED BY INDUCEMENT, THREAT OR PROMISE, RELEVANT  Confession as is referred in article 37  In opinion of court is fully removed ARTICLE 42 CONFESSION OTHERWISE RELEVANT NOT TO BECOME IRRELEVANT BECAUSE OF PROMISE OF SECRECY ETC  Confession does not become irrelevant merely because o It was made under the promise of secrecy or o It is the consequence of deception practiced on the accused o He was drunk  It was made at the time when it need not to be answered  He was not warned about the consequences  Evidence of it might be given against him (if the court knew that he knew he is not bound) Does not apply to Hudood cases

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ARTICLE 43 CONSIDERATION OF PROVED CONFESSION AFFECTING PERSON MAKING IT AND OTHERS JOINTLY UNDER-TRIAL FOR SAME OFFENSE    

More than one are being tried jointly And a confession is made by one Shall be proof against person making it Taken as circumstantial evidence against the others

ARTICLE 44 ACCUSED PERSON TO BE LIABLE TO CROSS EXAMINATION  Including accomplice

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STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESS ARTICLE 46 CASES IN WHICH STATEMENT OF RELEVANT FACT BY PERSON WHO IS DEAD OR CANNOT BE FOUND, ETC., IS RELEVANT… I.

II.

REASONS FOR ABSENCE  Dead  Cannot be found  Incapable of giving evidence  Attendance cannot be procured without delay or expense which is un reasonable CASES WHERE STATEMENTS OF DEAD ETC IS RELEVANT A. WHEN IT RELATES TO CAUSE OF DEATH  To be under expectation of death is not necessary  Statement before death as to cause of death B. OR IS MADE IN COURSE OF BUSINESS  An entry or memorandum made by him in books in ordinary course of business  Or in discharge of his professional duty  An acknowledgement return or signed by him off the receipt of o Money o Goods o Security or o Property of any kind  Or document used in Commerce written or signed by him  Date of a letter or document usually dated, written or signed by him C. OR AGAINST INTEREST OF MAKER  Against pecuniary or proprietary interest  It would expose him to criminal prosecution or damages D. OR GIVES OPINION AS TO PUBLIC RIGHT OR CUSTOMS, OR MATTERS OF GENERAL INTEREST  If existed, he would usually likely to be aware  Statement made before any controversy E. OR RELATES TO EXISTENCE OF RELATIONSHIP  Relationship by blood, marriage or adoption  Poison making statement had special means of knowledge  Statement, before the question of dispute was raised F. OR IS MADE IN WILL OR DEED RELATING TO FAMILY AFFAIRS  Statement relating to existence of relationship by blood, marriage or adoption  Statement made o In any will or o Deed relating to affairs of family or o In any family pedigree, upon Tomb stone, family portrait or any other thing  Statement made before question was raised in dispute

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G. OR IN DOCUMENT THE RELATING TO TRANSACTION MENTIONED IN ARTICLE 26, PARAGRAPH (A)  Statement contained in any deed, will or other document H. OR IS MADE BY SEVERAL PERSONS AND EXPRESSES FEELINGS RELEVANT TO MATTER IN QUESTION  Expressed feelings or impressions

ARTICLE 46 -A  Information generated, received or recorded by automated information system  Are relevant facts

ARTICLE 47 RELEVANCY OF CERTAIN EVIDENCE FOR PROVING, IN SUBSEQUENT PROCEEDING, THE TRUTH OF FACTS THEREIN STATED,… I.

II.

III.

Evidence given by a witness in a judicial proceeding, our before any person authorized by law to take it, is relevant for the purpose of proving it  In subsequent judicial proceeding or  In a later stage of same judicial proceeding REASONS FOR ABSENCE  Dead  Cannot be found  Incapable of giving evidence  Kept out of way by adverse party  Attendance cannot be procured without delay or expense which is un reasonable

CONDITIONS  Proceedings was between same parties or their representative in interest  Adverse party in first proceeding had right and opportunity to cross examine  Questions in issue were substantially the same

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JUDGMENT OF COURTS OF JUSTICE WHEN RELEVANT ARTICLE 54 PREVIOUS JUDGMENTS RELEVANT TO BAR A SECOND SUIT OR TRIAL  Existence of any judgment, order or decree  Which the law prevents any court from taking cognizance of a suit or holding a trial

ARTICLE 55 RELEVANCY OF CERTAIN JUDGMENTS IN PROBATE, ETC., JURISDICTION I.

II.

III.

CERTAIN JUDGMENTS A final judgment, decree or order while exercising jurisdiction of  Probate  Matrimonial  Admiralty or  Insolvency WHEN RELEVANT  Which confers upon or takes away any legal character or  Declares any person entitled to any such character  Declares any person entitled to a thing CONCLUSIVE PROOF OF  That any legal character which it confers accrued when such judgment or order comes into existence  That any legal character to which it declares any person entitled, accrued to that person when such judgment, order or decree declares to have accrued  That any legal character taken away from any person ceased at the time when such judgment, order or decree declares that it ceases  That anything declares any pe...