Qanun-e-Shahadat Order, 1984
Year: 1984 · Total entries: 168
Sections
Chapter I — Preliminary
, extent and commencement.—(1) This Order may be called the Qanun-e-Shahadat, 1984. (2) It extends to the whole of Pakistan and applies to all judicia...
is anything repugnant in the subject or context,— (a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally aut...
Chapter II — General Explanations
be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answe...
Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct i...
is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; n...
No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission ...
be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure...
No Magistrate or Police -officer shall be compelled to say whence he got any information as to the commission of any offence, and no Revenue-officer s...
any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his em...
etc.— The provisions of Article 9 shall apply to interpreters, and the clerks or servants of advocates....
If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as...
one shall be compelled to disclose to the Court, tribunal or other authority exercising judicial or quasi-judicial powers or jurisdiction any confiden...
not a party.— No witness who is not a party to a suit shall be compelled to produce his title deeds to any property or any document in virtue of which...
having possession, could refuse to produce.— No one shall be compelled to produce documents in his possession, which any other person would be entitle...
ground that answer will criminate.— A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any...
competent witness against an accused person, except in the case of an offence punishable with hadd; and a conviction is not illegal merely because it ...
— (1) The competence of a person to testify, and the number of witnesses required in any case shall be determined in accordance with the injunctions o...
Chapter III — Punishments
in issue and relevant facts.— Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such oth...
same transaction.— Facts which though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, wheth...
or effect of facts in issue.— Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which co...
Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of an...
relevant facts.— Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact ...
in reference to common design.— Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or a...
relevant.— Facts not otherwise relevant are relevant— (1) if they are inconsistent with any fact in issue or relevant fact; (2) If by themselves or in...
to enable Court to determine amount are relevant.—In suits in which damages are claimed, any fact which will enable the court to determine the amount ...
is in question.— Where the question is as to the existence of any right or custom, the following facts are relevant: — (a) any transaction by whic...
mind, or of body, or bodily feeling.— Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness...
was accidental or intentional.— When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intentio...
relevant.— When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would ...
statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and un...
his agent, etc.—(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of...
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 the suit...
by party to suit.— Statements made by persons to whom a party to the suit has expressly referred for information in reference to matter in dispute are...
them, and by or on their behalf.— Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; b...
of documents are relevant. — Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them sho...
In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances...
promise, when irrelevant in criminal proceeding.— A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the ...
proved.— No confession made to a police-officer shall be proved as against a person accused of any offence....
of police not to be proved against him.— Subject to Article 40, no confession made by any person whilst he is in the custody of a police-officer, unle...
accused may be proved.— When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the ...
caused by inducement, threat or promise, relevant.— If such a confession as is referred to in Article 37 is made after the impression caused by any su...
irrelevant because of promise of secrecy, etc.— If such a confession is otherwise relevant, it does not become irrelevant merely because it was made u...
making it and others jointly under trial for same offence.— When more persons than one are being tried jointly for the same offence, and a confession ...
cross-examination.— All accused persons, including an accomplice, shall be liable to cross-examination....
estop.— Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained. STAT...
fact by person who is dead or cannot be found, etc., is relevant.— Statements, written or verbal, of relevant facts made by a person who is dead, or w...
recorded by automated information system...
in subsequent proceeding, the truth of facts therein stated.— Evidence given by a witness in a judicial proceeding, or before any person authorised by...
relevant.— Entries in books of accounts, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court h...
made in performance of duty.— An entry in any public or other official book, register or record, stating a fact in issue or relevant fact, and made by...
and plans.— Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans mad...
of public nature, contained in certain Acts or notifications.— When the Court has to form an opinion as to the existence of any fact of a public natur...
law contained in law-books.— When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purportin...
statement forms part of a conversation, document, book or series of letters or papers.— When any statement of which evidence is given forms part of a ...
second suit or trial.— The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a tr...
etc., jurisdiction.— A final judgment, order or decree of a competent Court in the exercise of probate matrimonial, admiralty or insolvency jurisdicti...
or decrees, other than those mentioned in Article 55.— Judgments, orders or decrees other than those mentioned in Article 55 are relevant if they rela...
in Articles 54 to 56, when relevant.— Judgments, orders or decrees, other than those mentioned in Articles 54, 55 and 56, are irrelevant, unless the e...
or Incompetency of Court, may be proved.— Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under ...
has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand-writing or finger impressions , the opinions upon...
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. 1 Ins. ...
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any parson acquainted with the hand-...
or custom, when relevant.— When the Court has to form an opinion as to the existence of any general custom or right, the opinion, as to the existence ...
when relevant.— When the Court has to form an opinion as to— the usages and tenets of any body of man or family, the constitution and government of an...
the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relat...
the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration An expert may give an account...
conduct imputed irrelevant.— In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduc...
relevant.— In criminal proceedings the fact that the person accused is of a good character is relevant....
in reply.— In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a go...
cases the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation:— In Ar...
Chapter IV — General Exceptions
All facts, except the contents of documents, may be proved by oral evidence....
evidence must, in all cases whatever be direct, that is to say— If it refers to a fact which could be seen, it must be the evidence of a witness who s...
Chapter V — Of Abetment
contents of documents may be proved either by primary or by secondary evidence....
document itself produced for the inspection of the Court. Explanation 1.—Where a document is executed in several parts, each part is primary evidence ...
includes— (1) certified copies given under the provisions hereinafter contained ; (2) copies made from the original by mechanical processes which in t...
Documents must be proved by primary evidence except in the cases hereinafter mentioned....
to documents may be given.— Secondary evidence may be given of the existence, condition or contents of a document in the following cases:— (a) whe...
Secondary evidence of the contents of the documents referred to in Article 76, paragraph (a), shall not be given unless the party proposing to give su...
person alleged to have signed or written document produced.— If a document is alleged to be signed or to have been written wholly or in part by any pe...
document...
by law to be attested.— If a document is required by law to be attested, it shall not be used as evidence until two attesting witnesses at least have ...
If no such attesting witness can be found, it must be proved that the witnesses have either died, or cannot be found and that the document was execute...
attested document.— The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against...
execution.— If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence....
law to be attested.— An attested document not required by law to be attested may be proved as if it was unattested....
with others admitted or proved.—(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been ...
public documents: — (1) documents forming the acts or records of the acts — (i) of the sovereign authority ; (ii) of official bodies and ...
private....
public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on paym...
certified Copies.— Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which th...
following public documents may be proved as follows: — (1) Acts, orders or notifications of the Federal Government in any of its departments, or of an...
copies.—(1) The Court shall presume every document purporting to be a certificate, certified copy or other document, which is by law declared to be ad...
record of evidence.— Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of th...
kept under any law.— The Court shall presume the genuineness of every document purporting to be a document directed by any law to be kept by any perso...
made by authority of Government.— The Court shall presume that map or plans purporting to be made by the authority of the Federal Government or any Pr...
and reports of decision.— The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Gover...
shall presume that every document purporting to be a power-of -attorney, and to have been executed before, and authenticated by, a notary public, or a...
foreign judicial records.—(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country not form...
charts.— The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published ma...
Court may presume that message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a mess...
of documents not produced.— The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped an...
old.— Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers p...
old.— The provisions of Article 100 shall apply to such copy of a document referred to in that Article as is certified in the manner provided in Artic...
Chapter VI — Offences against the State
and other disposition of property reduced to form of document.— When the terms of a contract, or of a grant, or of any other disposition of property, ...
When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, ha...
document to existing facts.— When language used in a document is plain in itself, and when it applied accurately to existing facts, evidence may not b...
reference to existing facts.— When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be gi...
which can apply to one only of several persons.— When the facts are such that the language used might have been meant to apply to any one, and could n...
to one of two sets of facts to neither of which the whole correctly applies.— When the language used applies partly to one set of existing facts, and ...
characters, etc.— Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, loc...
varying terms of document.— Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to...
of provisions of Succession Act relating to wills.— Nothing in this Chapter contained shall be taken to affect any of the provisions of the Succession...
Chapter VII — Offences relating to the Army
proved.— No fact of which the Court will take judicial notice need be proved....
judicial notice.—(1) The Court shall take judicial notice of the following facts: — (a) All-Pakistan laws; (b) Articles of War for the Armed F...
No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they a...
Chapter VIII — Offences against Public Tranquillity
his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither ...
of person in possession.— No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be pe...
exchange bailee or licensee.— No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endor...
Chapter IX — Offences by or relating to Public Servants
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that th...
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) ...
fact.— The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by an...
proved to make evidence admissible.— The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other...
accused comes within exceptions.— When a person is accused of any offence the burden of proving the existence of circumstances bringing the case withi...
knowledge.— When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) When a ...
known to have been alive within thirty years.— Subject to Article 124, when the question is whether a man is alive or dead, and it is shown that he wa...
alive who has not been heard of for seven years.— When the question is whether a man is alive or dead, and it is proved that he has not been heard of ...
in the cases of partners, landlord and tenant, principal and agent.— When the question is whether persons are partners, landlord and tenant, or princi...
the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on...
where one party is in relation of active confidence.— When there is a question as to the good faith of a transaction between parties, one of whom stan...
legitimacy.—(1) The fact that any person was born during the continuance of a valid marriage between his mother and any man and not earlier than the e...
facts.— The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural even...
Chapter X — Contempts of Lawful Authority
witnesses.— The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and...
of evidence.—(1) When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner th...
witness by the party who calls him shall be called his examination-in-chief. (2) The examination of a witness by the adverse party shall be called his...
first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. (2) The examin...
a document.— A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unles...
may be cross-examined and re- examined....
answer which the person putting it wishes or expects to receive is called a leading question....
Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permissi...
Leading questions may be asked in cross-examination....
Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, w...
writing.— A witness may be cross- examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in questi...
witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend— (1) to test his veracity,...
answer.— If any such question relates to a matter relevant to the suit or proceeding, the provisions of Article 15 shall apply thereto....
be asked and when witness compelled to answer.— If any such question relates to a matter not relevant to the suit or proceeding, except in so far as i...
reasonable grounds.— No such question as is referred to in Article 143 ought to be asked, unless the person asking it has reasonable grounds for think...
question being asked without reasonable grounds.— If the Court is of opinion that any such question was asked without reasonable grounds, it may, if i...
may forbid any question or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the que...
defamation, libel and slander.— When a person is prosecuted or sued for making or publishing an imputation of a defamatory, libellous or slanderous na...
The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court nee...
to questions testing veracity.— When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tend...
witness.— The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination ...
of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him: (1) by the ev...
relevant fact admissible.— When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other...
proved to corroborate later testimony as to same fact.— In order to corroborate the testimony of a witness, any former statement made by such witness ...
connection with proved statement relevant under Article 46 or 47.— Whenever any statement, relevant under Article 46 or 47, is proved, all matters may...
under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or...
mentioned in Article 155.— A witness may also testify to facts mentioned in any such document as is mentioned in Article 155, although he has no speci...
writing used to refresh memory.— Any writing referred to under the provisions of the two last preceding Articles must be produced and shown to the adv...
to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its productio...
for and produced on notice.— When a party calls for a document which he has given the other party notice to produce, and such document is produced and...
of which was refused on notice.— When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document ...
order production.— The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any t...
Chapter XI — False Evidence
or rejection of evidence.—The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in...
Chapter XII — Offences relating to Coin and Stamps
oath.—(1) When the plaintiff takes oath in support of his claim, the Court shall, on the application of the plaintiff, call upon the defendant to deny...
Chapter XIII — Offences relating to Weights and Measures
available because of modern devices, etc....
provisions of this Order shall have effect notwithstanding anything contained in any other law for the time being in force....
THE QANUN-E-SHAHADAT, 1984 PRESIDENT’S ORDER No. X OF 1984 [28th October, 1984] WHEREAS it is expedient to revise, amend and consolidate the law of ev...