Documente Academic
Documente Profesional
Documente Cultură
(LAW OF EVIDENCE)
Presented by
Qanun-e-
Shahadat Justice Retired Nadeem Azhar Siddiqi
Advocate Supreme Court of Pakistan
1
Contents Page
No.
QANUN-E-SHAHADAT ORDER 1984 3
JUDICIAL PROCEEDINGS 8
QUASI JUDICIAL 9
APPLICATION OF ORDER 10
WHO MAY TESTIFY 11
ORAL EVIDENCE 14
DOCUMENTARY EVIDENCE 16
Qanun-e-
PRIMARY EVIDENCE 18
Shahadat
SECONDARY EVIDENCE 19
CONFLICT BETWEEN ORAL AND DOCUMENTARY EVIDENCE 20
DIRECT AND CIRCUMSTANTIAL EVIDENCE 21
2
QANUN-E-SHAHADAT ORDER
1984
The Qanun-e-Shahadat Order replaced the Evidence Act (I
of 1872). (The Qanun-e-Shahadat hereinafter referred to as
Order) The purpose of enactment of the Order is said to
consolidate the law of evidence so as to bring it in
confirmatory with the injunctions of Islam as laid down in
the Holy Quran and Sunnah.
Qanun-e-
Shahadat It was enacted in the days when General Muhammad Zia-
ul-Haq was the President of Pakistan and there was a move
to make the laws in confirmatory with injunctions of Islam.
3
QANUN-E-SHAHADAT ORDER 1984
.Contd
The decision of every case civil or criminal depends upon
evidence and application of the principles of the law of
evidence is necessary. It has to be applied in almost in
every matter thats come before the Court and its
usefulness in civil and criminal cases is the same. The
Order is applicable in the whole of Pakistan and applies to
Qanun-e- all judicial proceedings, or before any Court, including a
Shahadat
Court Martial, a Tribunal or other authority exercising
judicial or quasi judicial powers or jurisdiction, but does not
apply to proceedings before an Arbitrator.
4
QANUN-E-SHAHADAT ORDER 1984
.Contd
The Qanun-e-Shahadat prescribes procedure and methods with
regard to recording of evidence of parties for the purpose of
proving facts and documents.
9
APPLICATION OF ORDER
This order applies to all judicial proceedings in or before
any court which includes all persons legally authorized to
take evidence but will not apply to the proceedings before
the arbitrator. The reason assigned in a judgment was that
arbitrators are not expected to work as slaves of
technicalities when they are giving award or judging
Qanun-e- validity and legality of award by putting the same in the
Shahadat
clutches of the Civil Procedure Code or the Qanun-e-
Shahadat Order. Arbitrators are free to decide relevancy of
question and decided the matter on other material. The
provisions of the order are also not applicable to 10
WHO MAY TESTIFY
This is a very important question. Article 3 provides that who
may testify. All persons shall be competent to testify unless the
court considers that they are prevented from giving evidence.
Those persons who were convicted by a court for perjury or
giving false evidence cannot testify.
12
WHO MAY TESTIFY
.Contd
This provision is not mandatory but directory in nature and non-
compliance of Article 3 is an irregularity which can be cured. In
Hadd matters Tazkiyah-Al-Shuhood is a condition precedent to
impose the sentence of Hadd. There should be one Muzakki (a
person who testifies about the trustfulness of the witness).
15
DOCUMENTARY EVIDENCE
Chapter 5 deals with the documentary evidence. Article 72
provides that the contents of the documents may be proved
either by primary or by secondary evidence. Article 73
provides that primary evidence means the document itself
produce for the inspection of the court.
Qanun-e-
Shahadat
16
DOCUMENTARY EVIDENCE
.Contd
Article 74 provides secondary means and includes certified
copies giving under the provisions of Qanun-e-Shahadat
Order, copies made from the original by mechanical
process, copies made from or compared with the original,
counter parts of documents as against the parties who did
not execute them and oral accounts of the contents of a
Qanun-e- document giving by some person who has himself seen it.
Shahadat
A document its mere tender gets no evidentiary value
unless its contents are proved according to law.
17
PRIMARY EVIDENCE
Primary evidence is the best available evidence and should
be produced before the Court. It is the best or highest
evidence. It is that kind of proof which in the eyes of law
affords the greatest certainty of facts in question.
18
SECONDARY EVIDENCE
Where existence of original document was not in issue and
same was not available the secondary evidence can be
produced. Secondary evidence can only be produced when
original was either lost or was not in custody of the party
wishing to produce the same.
20
DIRECT AND CIRCUMSTANTIAL
EVIDENCE
In criminal matter direct evidence means ocular evidence
which is the direct testimony of a witness. Direct evidence
is a proof which goes directly to establish the involvement
of the accused person in the commission of an offence.
Whereas all other facts connecting a particular case
indirectly constitute circumstantial evidence, which are
Qanun-e- subsidiary facts.
Shahadat
21
Qanun-e-
Shahadat
22