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

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 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

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  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

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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

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 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, cause 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 fact 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 fact 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

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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

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 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. REASONS FOR ABSENCE
 Dead
 Cannot be found
 Incapable of giving evidence
 Attendance cannot be procured without delay or expense which is un reasonable

II. 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. 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

II. 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

III. 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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 STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
ARTICLE 48
ENTRIES IN BOOKS OF ACCOUNT WHEN RELEVANT
 Regularly kept in the course of business
 Are relevant
 Whenever they refer to a matter into which the court has to enquire
 But such statements shall not alone be sufficient evidence
o To charge any person with liability

ARTICLE 49
RELEVANCY OF ENTRY IN PUBLIC RECORD 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 a public servant in the discharge of his official duty
 Or by any other person in performance of a duty
 Specially enjoined by the law of the country in which such book, register or record is
kept
 Is itself a relevant fact

ARTICLE 50
RELEVANCY OF STATEMENTS, IN MAPS, CHARTS 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
 Made under the authority of the
 Federal government or
 Any provincial government
 As to matters usually represented or stated in such maps, charts or plans
 Are themselves relevant facts

ARTICLE 51
RELEVANCY OF STATEMENTS AS TO FACTS 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 nature, any
statement of it
 Made in a recital contained in any act of the
 Central legislature or
 Of any other legislative authority in pakistan or
 In a government notification appearing in the official gazette
 Is a relevant fact

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ARTICLE 52
RELEVANCY OF STATEMENTS AS TO ANY 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 purporting to be printed or published under the authority of the
government of such country and
 To contain any such law, and
 Any report of a ruling of the courts of such country contained in a book purporting to be a
report of such rulings
 Is relevant

HOW MUCH OF A STATEMENT IS TO BE PROVED

ARTICLE 53
WHAT EVIDENCE TO BE GIVEN WHEN STATEMENT FORMS PART OF A
CONVERSATION, DOCUMENT, BOOK OR SERIES OF LETTERS OF PAPERS
 When any statement of which evidence is given
 Forms part of a
 Longer statement, or
 Of a conversation or
 Part of an isolated document, or
 Is contained in a document which forms part of
o A book or of a connected series of letters or papers
 Evidence shall be given of so much and no more of the statement, conversation, document, book
or series of letters or papers
 As the court considers necessary in that particular case
 To the full understanding of the nature and effect of the statement
 And of the circumstances under which it was made

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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. CERTAIN JUDGMENTS
A final judgment, decree or order while exercising jurisdiction of
 Probate
 Matrimonial
 Admiralty or
 Insolvency
II. 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

III. 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 person to be entitled and when such judgment, order or decree
declares such person that it should be his property
ARTICLE 56
RELEVANCY AND EFFECT OF JUDGMENTS, ORDERS OR DECREES, OTHER THAN
THOSE MENTIONED IN ARTICLE 55
 If it relate to matters of public nature relevant in enquiry
 But not conclusive proof
ARTICLE 57
JUDGMENTS, ETC., OTHER THAN THOSE MENTIONED IN ARTICLES 54 TO 56 WHEN
RELEVANT
 Are irrelevant
 Unless
 Such judgment, order or decree is fact in issue or relevant

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ARTICLE 58
FRAUD OR COLLUSION IN OBTAINING JUDGMENT, OR IN COMPETENCY OF COURT,
MAY BE PROVED
 Any party to suit or other proceeding
 Show that the judgment delivered by the court not competent or
 Obtained by fraud or collusion

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 OPINION OF THIRD PERSON WHEN RELEVANT
ARTICLE 59
OPINION OF EXPERTS,..
 When court has to form an opinion on any of the following points
 Foreign law or
 Science or
 Art or
 As to identify of handwriting or
 Finger impressions or
 As to authenticity and integrity of electronic documents made by or through an
information system
 An opinion upon that point of persons specifically skilled are relevant facts
Such Persons are called experts

ARTICLE 60
FACTS BEARING UPON OPINIONS OF EXPERTS
 Fact not otherwise relevant are relevant
 If they support
 Or are inconsistent with the opinions of experts
 When such opinions are relevant

ARTICLE 61
OPINION AS TO HANDWRITING WHEN RELEVANT
 When court has to form an opinion as to the person by whom any document was written or signed
 The opinion of any person acquainted with the handwriting of the person
 By whom it is supposed to be written or signed
 That it was or was not written or signed by that person
 Is a relevant fact

ARTICLE 62
OPINION AS TO EXISTENCE OF RIGHT OR CUSTOM WHEN RELEVANT
 When the court has to form an opinion as to the existence of any general custom or right
 The opinion of persons who would likely to know of its existence if it existed
 Are relevant

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ARTICLE 63
OPINION AS TO USAGES, TENETS, ETC., WHEN RELEVANT
 When the court has to form an opinion as to –
 The usages and tenants
o Of anybody
o Of men or family
o The constitution and government of any religious or charitable foundation, or
o The meaning of words or terms used in particular districts or particular classes of people
 The opinions of persons having special means of knowledge
 Are relevant facts

ARTICLE 64
OPINION ON RELATIONSHIP WHEN RELEVANT
 Opinion as to relationship expressed by conduct
 As the existence of search relationship as a family member or otherwise
 Having special means of knowledge
 Is a relevant fact
Such opinion shall not be sufficient the prove a marriage in proceedings under
o The Divorce Act, 1869 or
o In prosecutions under section 494 or 495 of Pakistan Penal Code, 1860
ARTICLE 65
GROUNDS OF OPINION WHEN RELEVANT
 When opinion of living person relevant
 Grounds on which it is based are also relevant

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 PROOF OF HANDWRITING
ARTICLE 59
OPINION OF EXPERTS
 When court has to form an opinion on point
 As to identify of handwriting of any person
 An opinion upon that point of persons specifically skilled are relevant facts
Such Persons are called experts

ARTICLE 61
OPINION AS TO HANDWRITING WHEN RELEVANT
 When court has to form an opinion as to the person by whom any document was written or signed
 The opinion of any person acquainted with the handwriting of the person
 By whom it is supposed to be written or signed
 That it was or was not written or signed by that person
 Is a relevant fact

ARTICLE 78
PROOF OF SIGNATURE AND HANDWRITING OF PERSON ALLEGED TO HAVE SIGNED
OR WRITTEN DOCUMENT PRODUCED
 Document allowed to be signed
 Or written wholly or in part
 Must be proved by his handwriting

ARTICLE 78 -A
PROOF OF ELECTRONIC SIGNATURE AND ELECTRONIC DOCUMENT
 By a person through the use of an information system
 Where such allegation denied
 Application of a security procedure to the signature
 Or electronic document must be proved

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

25
  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

ARTICLE 81
ADMISSION OF EXECUTION BY PARTY TO ATTESTED DOCUMENT
 Shall be sufficient proof of its execution
 As against him

ARTICLE 84
COMPARISON OF SIGNATURE, WRITING OR SEAL WITH OTHERS ADMITTED OR
PROVED ,--
1. Maybe compared with one which is to be proved although
o That signature writing or seal has not been produced or
o Proved for any other purpose

2. Court may direct to write any words or fingers to compare

Article applies also, with necessary modifications, to finger impressions

26
 CHARACTER WHEN RELEVANT
ARTICLE 66
IN CIVIL CASES CHARACTER TO PROVE CONDUCT IMPUTED IRRELEVANT
 Is such as to render probable or improbable
 Any conduct imputed to him is irrelevant
 Except
o Character appears from facts

ARTICLE 67
IN CRIMINAL CASES PREVIOUS GOOD CHARACTER RELEVANT
 Of accused good character is relevant

ARTICLE 68
PREVIOUS BAD CHARACTER IS NOT RELEVANT, EXCEPT IN REPLY
 Previous bad character is irrelevant
 Unless
o Evidence has been given that he has a good character

ARTICLE 69
CHARACTER AS AFFECTING DAMAGES
 In civil cases character of any person is such as to affect
 The amount of damages
 Which he ought to receive
 Is relevant
Character includes both reputation and this position
Evidence may be given only of general reputation and general disposition and not of
particular acts

27
 CHAPTER 4
OF ORAL EVIDENCE
ARTICLE 70
PROOF OF FACTS BY ORAL EVIDENCE
 All facts maybe proved by oral evidence
 Except
o Contents of document

ARTICLE 71
ORAL EVIDENCE MUST BE DIRECT
 It refers to a fact which could
o Be seen, who says he saw it
o Be heard, who says he heard it
o Be perceived by senses, who says he perceived it
o Opinions of experts expressed in any treaties
 If oral evidence refers to existence or condition of a material thing other than document
o Court may require the production of such material thing for its inspection
 If the witness is dead ETC party shall have right to produce shahada ala al-shahada:
o Witness can appoint 2 witnesses on his behalf
o Except in Hudood cases

28
 CHAPTER 5
OF DOCUMENTARY EVIDENCE
ARTICLE 72
PROOF OF CONTENTS OF DOCUMENTS
 By primary evidence or
 By secondary evidence

ARTICLE 73
PRIMARY EVIDENCE
 Document itself produced for inspection
o Document executed in several parts
 Each part is primary evidence
o Made in one uniform process
 Each is primary evidence but
 We are all or copies
 They are not
o Printed or other form of output
o Print out or other form of reproduction

ARTICLE 74
SECONDARY EVIDENCE
 Certified copies given
 Copies made from the original by mechanical process
 Copies made from or compared with the original
 Counterparts of documents
 Oral accounts

ARTICLE 75
PROOF OF DOCUMENTS BY PRIMARY EVIDENCE
 Documents must be proved by primary evidence
 Except hereinafter mentioned

29
ARTICLE 76
CASES IN WHICH SECONDARY EVIDENCE RELATING TO DOCUMENT MAY BE GIVEN
 In possession or power of person against whom document sought to be proved
 Have been proved to be admitted in writing
 Original has been destroyed Or lost
 Volume or bulk
 Not to be easily movable
 Is a public document
 Of which certified copy is permitted by this order
 Numerous accounts
 Part of a judicial record
ARTICLE 77
RULES AS TO NOTICE TO PRODUCE
 Secondary evidence of contents of documents shall not be given
 Unless
o Notice has been served to produce
 Provided that such notice shall not be required in order to render secondary evidence admissible
in any of the following cases
i. Document is itself a notice
ii. When adverse party know that he will be required to produce it
iii. Party has obtained possession through fraud or force
iv. Adverse party our agent has original in the court
v. Adverse party or agent has admitted the loss of document
vi. Person in possession is out of reach, or not subject to process of the court
ARTICLE 80
PROOF WHERE NO ATTESTING WITNESS FOUND
 It must be proved that attesting witness have either died or cannot be found
 And document was executed by the person who purports to have done so

ARTICLE 82
PROOF WHEN ATTESTING WITNESS DENIES THE EXECUTION
 Denies or does not recollect
 Must be proved by other evidence

ARTICLE 83
PROOF OF DOCUMENT NOT REQUIRED BY LAW TO BE ATTESTED
 Maybe proved as if it was unattested

30
 PUBLIC DOCUMENTS
ARTICLE 85
PUBLIC DOCUMENTS
 Documents forming acts or records of acts
o Of Sovereign authority
o Of official bodies and tribunals
o Of public officers, legislative, judicial and executive
 Public records
 Documents forming part of records
 Documents required to be maintained
 Registered documents
 Certificates deposited in the repository

ARTICLE 86
PRIVATE DOCUMENTS
 All other documents

ARTICLE 87
CERTIFIED COPIES OF PUBLIC DOCUMENTS
 Every public officer having custody of public document
 Shall give that person a copy
o On demand of it
o On payment of legal fee
 Written on foot that
 It is a true copy
 Dated and subscribed
 Shall be sealed
Shall be called certified copy
 Photostat copy not admissible unless
o It has been certificate to be a true copy
 Official notes and correspondence on copies there of being not public document
o Shall not be issued and admissible in any case
ARTICLE 88
PROOF OF DOCUMENTS BY PRODUCTION OF CERTIFIED COPIES

 Maybe produced of which

 They purport to be copies

31
ARTICLE 89
PROOF OF OTHER PUBLIC DOCUMENTS
 Certified by
o The heads of Department or
o Any document purporting to be printed by any such government
 Proceedings of the legislatures
o By journals or
o By published Acts or
o Abstracts or
o Copies purporting to be printed
 Foreign country legislature or executive Acts
o By journals published under the seal
 Proceedings of a municipal body in Pakistan
 Public documents of any other class in foreign country
o Original or
o Certified copy
 Under seal of
 Notary public or
 Pakistani council or
 Diplomatic agent

32
 PRESUMPTION AS TO DOCUMENTS
OBLIGATORY PRESUMPTIONS
ARTICLE 90
PRESUMPTION AS TO GENUINENESS OF CERTIFIED COPIES
 Court shall presume every document as genuine
o To be executed in manner directed by law
 Shall also presume his official character which he claims in such document
ARTICLE 91
PRESUMPTION AS TO DOCUMENTS PRODUCED AS RECORD OFF EVIDENCE
 Purporting to be record or memorandum
o Of the evidence or
o Any part or
o To be a statement of confession
 Purporting to be signed by judge or magistrate
 Court shall presume that
o Document is genuine
o Statements are true
o Confession was duly taken
ARTICLE 92
PRESUMPTION AS TO GENUINENESS OF DOCUMENTS KEPT UNDER ANY LAW
 If kept substantially in the form required by law and
 Is produced from proper custody
ARTICLE 93
PRESUMPTION AS TO MAPS OR PLANS MADE BY AUTHORITY OF GOVERNMENT
 The court shall presume that maps or plans purporting to be made by the authority
o Were so made, and
o Are accurate
 But maps or plans made for the purposes of any cause must be proved to be accurate
ARTICLE 94
PRESUMPTIONS AS TO COLLECTIONS OF LAWS AND REPORTS OF DECISION
 The court shall presume the genuineness of every book
 Purporting to be printed or published
o Under the authority of the government of any country
 And to contain
o Any of the laws of their country
 And of every book purporting to contain
o Reports of decisions of the courts of such country

33
ARTICLE 95
PRESUMPTION AS TO POWER OF ATTORNEY
 The court shall presume that every document purporting to be a power of attorney
 And to have been executive before and authenticated by
o A notary public
o Or any court, judge, magistrate,
o Pakistan consul or vice consul or
o Representative of the Federal Government
 Was so executed and authenticated

ARTICLE 99
PRESUMPTION AS TO DUE EXECUTION, ETC., OF DOCUMENT NOT PRODUCED
 The Court shall presume that every document
 Called for and not produced after notice to produce
 Was attested, stamped and executed in the manner required by law

ARTICLE 121
BURDEN OF PROVING THAT CASE OF ACCUSED COMES WITHIN EXCEPTION
 When a person is accused of an offense the burden of proving the existence of circumstances
bringing the case within
o Any of the general exceptions in the Pakistan Penal Code, 1860 or
o Within any special exception or proviso contained in
 Any other part of the same code or
 In any law defining the offense
 Is upon him
 And the court shall presume the absence of such circumstances

PERMISSIVE PRESUMPTION
ARTICLE 96
PRESUMPTION AS TO CERTIFIED COPIES OF FOREIGN JUDICIAL RECORDS
1. Document purporting to be certified copy of any judicial record of any country not forming part
of Pakistan is genuine and accurate
2. An officer who, with respect to territory or place not forming part of Pakistan, is a political agent
 Shall be deemed to be representative of Federal Government

34
ARTICLE 97
PRESUMPTION AS TO BOOKS, MAPS AND CHARTS
 Book to which it may refer for information on matters of public or general interest and that any
published map or chart
 Statements which are relevant facts and produced for inspection
 Was written and published by the person, and at the time and place
o By whom or at which it purports to have been written or published

ARTICLE 98
PRESUMPTION AS TO TELEGRAPHIC MESSAGES
 The court may presume that a message forwarded from a telegraph office
 To the person to whom such message purports to be addressed
 Correspond with a message delivered for transmission at the office from which the message
purports to be sent
o But the court shall not make any presumption as to the person by whom search message
was delivered for transmission

ARTICLE 100
PRESUMPTION AS TO DOCUMENTS THIRTY YEARS OLD
 Where any document purporting or proved to be 30 years old
 Is produced from any custody which the court in the particular case considers proper
 The code may presume that
o The signature and every other part of the document
o Which purports to be in the handwriting of any particular person
o Is in that person's handwriting
 And in the case of a document executed and attested, that it was duly executed and attested
 By the person by whom it purports to be executed and attested

ARTICLE 101
CERTIFIED COPIES OF DOCUMENTS THIRTY YEARS OLD
 Certified in a manner provided in article 87
 And is not less than 30 years old
 And such certified copy maybe produced in proof of
o The contents of document or
o Parts of the document
 Of which it purports to be a copy

35
 CHAPTER 6
OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
ARTICLE 102
EVIDENCE OF TERMS OFF CONTRACTS, GRANTS AND OTHER DISPOSITION OF
PROPERTY REDUCED TO FORM OF DOCUMENT
 When the terms of a
o Contract, or
o Of a grant, or
o Of any other disposition of property,
 Have been reduced to the form of a document,
 And in all cases in which any matter is required by law to be reduced to the form of a document,
 No evidence shall be given in proof of the
o Terms of such contract,
o Grant or
o Other disposition of property, or
o Of such matter,
 Except
o The document itself,
o Or secondary evidence of its contents
 In cases in which secondary evidence is admissible under
the provisions hereinbefore contained.
 Exceptions
1. When
o A public officer is required by law to be appointed in writing, and
o When it is shown that any particular person has acted as such officer,
o The writing by which he is appointed need not be proved.
2. Wills admitted to probate in Pakistan may be proved by the probate.

ARTICLE 103
EXCLUSION OF EVIDENCE OF ORAL AGREEMENT
 When the terms of any such
o Contract,
o Grant or
o Other disposition of property,
o Or any matter required by law to be reduced to the form of a document,
 Have been proved according to the last Article,
 No evidence of any oral agreement or statement shall be admitted,
 As between the parties to any such instrument or
 Their representatives-in-interest,
 For the purpose of
o Contradicting,
o Varying,

36
 o Adding to, or
o Subtracting from, its terms
 Exceptions:
1. Any fact may be proved
o Which would invalidate any document, or
o Which would entitle any person to any decree or order relating thereto;
o Such as
 Fraud,
 Intimidation,
 Illegality,
 Want of due execution,
 Want of capacity in any contracting party,
 Want or failure of consideration, or
 Mistake in fact or law.
2. The existence of any separate oral agreement
o As to any matter
 On which a document is silent, and
 Which is not inconsistent with its terms may be proved.
o In considering whether or not this proviso applies,
 The Court shall have regard to the degree of formality of the document.
3. The existence of any separate oral agreement
o Constituting a condition precedent
 To the attaching of any obligation under any such
 Contract, grant or disposition of property
o May be proved.
4. The existence of any distinct subsequent oral agreement
o To rescind or modify any such contract, grant, or disposition of property,
o May be proved,
o Except in cases in which
 Such contract, grant or disposition of property
 Is by law required to be in writing, or
 Has been registered according to the law in force for the time being
As to the registration of documents.
5. Any usage or custom by which
o Incidents not expressly mentioned in any contract
 Are usually annexed to contracts of that description,
o May be proved
o Provided that the annexing of such incident
 Would not be repugnant to, or
 Inconsistent with the express terms of the contract.
6. Any fact may be proved which shows
 In what manner the language of a document is relied to existing facts.

37
ARTICLE 104
EXCLUSION OF EVIDENCE AGAINST APPLICATION OF 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 be given
 To show that it was not meant to apply to such facts.

ARTICLE 105
EVIDENCE AS TO DOCUMENT UNMEANING IN 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 given to show that it was used in a peculiar sense

ARTICLE 106
EVIDENCE AS TO APPLICATION OF LANGUAGE WHICH CAN APPLY TO ONE ON
LY OF SEVERAL PERSONS
 When the facts are such that
 The language used might have been meant to apply to any one, and
 Could not have been meant to apply to more than one, of several
o Persons or
o Things,
 Evidence may be given of facts which show
 Which of those persons or things it was intended to apply to

ARTICLE 107
EVIDENCE AS TO APPLICATION OF LANGUAGE TO ONE OF TWO SETS OF FACTS TO N
EITHER OF WHICH THE WHOLE CORRECTLY APPLIES
 When the language used applies
 Partly to one set of existing facts, and
 Partly to another set of existing facts,
 But the whole of it does not apply correctly to either,
 Evidence may be given to show to which of the two it was meant to apply

38
ARTICLE 108
EVIDENCE AS TO MEANING OF ILLEGIBLE CHARACTER, ETC
 Evidence may be given to show the
 Meaning of illegible or
 Not commonly intelligible characters, of
o Foreign,
o Obsolete,
o Technical,
o Local and
o Provincial expressions,
 Of abbreviation and
 Of words used in a peculiar sense

ARTICLE 109
WHO MAY GIVE EVIDENCE OF AGREEMENT 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 show a
 Contemporaneous agreement varying the terms of the document

39
 PART II
ON PROOF
CHAPTER VII
FACTS WHICH NEED NOT BE PROVED
ARTICLE 111
FACT JUDICIALLY NOTICEABLE NEED NOT BE PROVED
 No fact need be proved
 Of which the Court will take judicial notice

ARTICLE 112
FACTS OF WHICH COURT MUST TAKE JUDICIAL NOTICE
1. The Court shall take judicial notice of the following facts
a) All Pakistan laws;
b) Articles of War for the Armed Forces;
c) The course of proceeding of the
o Central Legislature and
o Any Legislature established under any law for the time being in force in Pakistan
d) The seals of all the Courts
o In Pakistan and
o Out of Pakistan
i. Established by the authority of the Federal Government
Or the Government representative
o Of Admiralty and
o Maritime Jurisdiction and
o Of Notaries Public and all seals
o Which any person is authorized to use
ii. By any Act or Regulation having the force of law in Pakistan ;
e) The accession to office, names, titles, functions and signatures of the persons
o Filling for the time being any public office in Pakistan,
o If the fact of their appointment to such office is notified in the official Gazette;
f) The existence, title and national flag of
o Every State or Sovereign recognized by the Federal Government;
g) The divisions of time,
o The geographical divisions of the world, and
o Public festivals,
o Facts and
o Holidays notified in the official Gazette;
h) The territories under the dominion of Pakistan;
i) The commencement, continuance and termination of
o Hostilities between Pakistan and any other State or body of persons;
j) The names of the members and officers of

40
 o The Court and
o Of their deputies and
o Subordinate officers and
o Assistants, and
o Also of all officers acting in execution of its process,
o And of all advocates and
o Other persons authorized by law to appear or act before it;
k) The rule of the road on land or at sea

2. In all cases referred to in clause (1), and also on all matters of

o Public history,
o Literature, science or
o Art,
 The Court may resort for its aid to
 Appropriate books or
 Documents of reference.
3. If the Court is called upon by any person
o To take judicial notice of any fact,
o It may refuse to do so
o Unless and until such person
 Produces any such book or document
 As it may consider necessary to enable it to do so

ARTICLE 113
FACTS ADMITTED NEED NOT BE PROVED
 No fact need be proved in any proceeding which the parties thereto or their agents
o Agree to admit at the hearing, or which,
o Before the hearing, they agree to admit
 By any writing under their hands, or
 Which by any rule or pleading in force at the time
 They are deemed to have admitted by their pleadings
 Provided that the Court may, in its discretion,
o Require the facts admitted to be proved
o Otherwise than by such admissions

41
 CHAPTER VIII
ESTOPPEL
ARTICLE 114
ESTOPPEL
 When one person has,
o By his declaration,
o Act or omission,
o Intentionally caused or
o Permitted another person
 To believe a thing to be true and
 To act upon such belief,
 Neither he nor his representative shall be allowed,
 In any suit or proceeding between himself and
 Such person or his representative,
 To deny the truth of that thing
ARTICLE 115
ESTOPPEL OF TENANT AND OF LICENSEE OF PERSON IN POSSESSION
 No tenant of immovable property, or
 Person claiming through such tenant, shall,
 During the continuance of the tenancy, be permitted to deny that
o The landlord of such tenant had,
o At the beginning of the tenancy, a title to such immovable property;
 And no person who came upon any immovable property by the license of the
person in possession thereof
 Shall be permitted to deny that
o Such person had a title to such possession at the time when such license was given
ARTICLE 116
ESTOPPEL OF ACCEPTOR OF BILL OF EXCHANGE BAILEE OR LICENSEE
 No acceptor of a bill of exchange
 Shall be permitted to deny that
o The drawer had authority to draw such bill or
o To endorse it;
 Nor shall any bailee or licensee be permitted to deny that
o His bailor or licenser had, at the time when the bailment or license commenced,
o Authority to make such bailment or grant such license

 The acceptor of a bill of exchange may deny that

o The bill was really drawn by the person by whom
o It purports to have been drawn.
 If a bailee delivers the goods bailed to a person other than the bailor, he may prove that
o Such person had a right to them as against the bailor

42
 PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER IX
OF THE BURDEN OF PROOF
ARTICLE 117
BURDEN OF PROOF
1. Whoever desires any Court to give judgment as to
o Any legal right or liability
o On the existence of facts which he asserts,
 Must prove that those facts exist
2. When a person is bound to prove the existence of any fact
o The burden of proof lies on that person

ARTICLE 118
ON WHOM BURDEN OF PROOF LIES
 The burden of proof in a suit or proceeding lies on that person
 Who would fail
o If no evidence at all were given on either side
ARTICLE 119
BURDEN OF PROOF AS TO PARTICULAR FACT
 Lies on that person who wishes the Court
o To believe in its existence,
 Unless it is provided by any law that the proof of that fact
o Shall lie on any particular person

ARTICLE 120
BURDEN OF PROVING FACT TO BE PROVED TO MAKE EVIDENCE ADMISSIBLE
 The burden of proving any fact necessary to be proved in order to
o Enable any person to give evidence of any other fact
 Is on the person who
o Wishes to give such evidence

ARTICLE 122
BURDEN OF PROVING FACT ESPECIALLY WITHIN KNOWLEDGE
 Is upon that person

43
ARTICLE 123
BURDEN OF PROVING DEATH OF PERSON KNOWN TO HAVE BEEN ALIVE WITHIN THI
RTY YEARS
 When the question is whether a man is alive or dead, and
 It is shown that he was alive within thirty years,
 The burden of proving that he is dead is on the person
o Who affirms it

ARTICLE 124
BURDEN OF PROVING THAT PERSON IS ALIVE WHO HAS NOT BEEN HEARD OF FOR S
EVEN YEARS
 When the question is whether a man is alive or dead, and
 It is proved that he has not been heard of for seven years
 By those who would naturally have heard of him if he had been alive,
 The burden of proving that he is alive is shifted to the person
o Who affirms it

ARTICLE 125
BURDEN OF PROOF AS TO RELATIONSHIP IN THE CASES OF PARTNERS, LANDLORD A
ND TENANT, PRINCIPAL AND AGENT
 When the question is whether persons are partners landlord and tenant, or
principal and agent, and
 It has been shown that they have been acting as such,
 The burden of proving that
o They do not stand, or
o Have ceased to stand,
 To each other in those relationships respectively,
 Is on the person who affirms it

ARTICLE 126
BURDEN OF PROOF AS TO OWNERSHIP
 When 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 the person
o Who affirms that he is not the owner

44
ARTICLE 127
PROOF OF GOOD FAITH IN TRANSACTIONS WHERE ONE PARTY IS IN RELATION
OF ACTIVE CONFIDENCE
 When there is a question as to
o The good faith of a transaction between parties,
 One of whom stands to the other in a position of active confidence,
 The burden of proving the good faith of the transaction
 Is on the party who is
o In a position of active confidence
ARTICLE 128
BIRTH DURING MARRIAGE CONCLUSIVE PROOF OF 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 expiration of
 Six lunar months from the date of the marriage, or
 Within two years after its dissolution,
o The mother remaining unmarried,
 Shall be conclusive proof that he is the legitimate child of that man,
 Unless
 The husband had refused, or refuses, to own the child ; or
 The child was born after the expiration of six lunar months from the date on
Which the woman had accepted that
o The period of iddat had come to an end
2. Nothing contained in clause (1) shall apply to a non-Muslim if it is inconsistent with his faith
ARTICLE 129
COURT MAY PRESUME EXISTENCE OF CERTAIN 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 events,
 Human conduct and public and private business,
 In their relation to the facts of the particular case
ILLUSTRATIONS:
a) Man in possession of stolen goods
b) Accomplice unworthy of credit
c) Bill of exchange, accepted or endorsed
d) Thing or state of thing shown to be in existence
e) Judicial and official acts performed
f) Common course of business has been followed
g) Evidence be un-favorable
h) Man refuses to answer
i) Document creating obligation

45
 CHAPTER X
OF THE EXAMINATION OF WITNESSES
ARTICLE 130
ORDER OF PRODUCTION AND EXAMINATION OF 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 criminal procedure respectively, and,
 In the absence of any such law,
 By the discretion of the Court

ARTICLE 131
JUDGE TO DECIDE AS TO ADMISSIBILITY OF EVIDENCE
1. When either party proposes to give evidence of any fact,
 The Judge may ask the party proposing to give the evidence
o In what manner the alleged fact, if proved, would be relevant, and
 The Judge shall admit the evidence if he thinks that the fact,
o If proved, would be relevant and not otherwise.
2. If the fact proposed to be proved is one
 Of which evidence is admissible only
o Upon proof of some other fact,
 Such last-mentioned fact must be proved before evidence is given of
o The fact first-mentioned,
 Unless the party undertakes to give proof of such fact, and
 The Court is satisfied with such undertaking.
3. If the relevancy of the one alleged fact depends upon another alleged fact being first proved, the
Judge may, in his discretion,
 Either permit evidence of the first fact to be given
o Before the second fact is proved, or
 Require evidence to be given of the second fact before evidence is given of the first fact

ARTICLE 132
EXAMINATION-IN-CHIEF, ETC
1. The examination of a 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 cross-examination.
3. The examination of a witness,
 Subsequent to the cross-examination by the party
 Who called him, shall be called his re-examination

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ARTICLE 133
ORDER OF EXAMINATIONS
1. Witnesses shall be
 First examined-in-chief,
 Then cross-examined (if the adverse party so desires),
 Then re-examined (if the party calling him so desires)
2. The examination and cross-examination must relate to
 Relevant facts but
 The cross-examination need not be confined to the facts
o To which the witness testified on his examination-in-chief
3. The re-examination shall be directed to the explanation of matters
 Referred to in cross-examination; and if
 New matter is, by permission of the Court, introduced in re-examination,
o The adverse party may further cross-examine that matter

ARTICLE 134
CROSS-EXAMINATION OF PERSON CALLED TO PRODUCE A DOCUMENT
 A person summoned to produce a document
 Does not become a witness by the mere fact
o That he produces it and
o Cannot be cross-examined
o Unless and until
 He is called as a witness

ARTICLE 135
WITNESSES TO CHARACTER
 Witnesses to character may be
o Cross-examined and
o Re-examined

ARTICLE 136
LEADING QUESTIONS
 Any question
o Suggesting to answer
o Which the person putting it
 Wishes or expects to receive
Is called a leading question

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ARTICLE 137
WHEN LEADING QUESTIONS MUST NOT BE ASKED
1. Leading questions must not be asked (if objected) in an
o Examination-in-chief, or
o In a re-examination,
o Except with the permission of the Court.
2. The Court shall permit leading questions as to matters which are
o Introductory or
o Undisputed; or
o Which have, in its opinion been already sufficiently proved
ARTICLE 138
WHEN LEADING QUESTIONS MAY BE ASKED
 Leading questions may be asked in cross-examination
ARTICLE 139
EVIDENCE AS TO MATTERS IN WRITING
 Any witness may be asked,
 Whether any contract, grant or other disposition of property,
o As to which he is giving evidence,
 Was not contained in a document, and
o If he says that it was, or
o If he is about to make any statement as to the contents of any documents,
o Which, in the opinion of the Court, ought to be produced,
 The adverse party may object to such evidence being given
 Until such document is produced, or
 Until facts have been proved which entitle that party who called the witness
o To give secondary evidence of it

o A witness may give oral evidence if such statements are in themselves relevant facts
ARTICLE 140
CROSS-EXAMINATION AS TO PREVIOUS STATEMENTS IN WRITING
 A witness may be cross-examined as to previous statements made by him
o In writing or
o Reduced into writing, and
o Relevant to matters in question,
 Without such writing being shown to him, or being proved; but,
 If it is intended to contradict him by the writing,
 His attention must
 Be called to those parts of it
1. Which are to be used for the purpose of contradicting him
 Before the writing can be proved

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ARTICLE 141
QUESTIONS LAWFUL IN CROSS-EXAMINATION
 In addition to the questions hereinbefore referred to, be asked any questions which tend
1. To test his veracity,
2. To discover
 Who he is and
 What is his position in life, or
3. To shake his credit,
 By injuring his character,
 Although the answer to such question might tend directly or indirectly
 To criminate him or
 Might expose or tend directly or indirectly to expose him
 To a penalty or
 Forfeiture

ARTICLE 142
WHEN WITNESS TO BE COMPELLED TO ANSWER
 If any such question relates to a matter relevant to the suit or proceeding,
 The provisions of Article 15 shall apply thereto

ARTICLE 143
COURT TO DECIDE WHEN QUESTION SHALL BE ASKED AND WHEN WITNESS
COMPELLED TO ANSWER
 If any such question relates to a matter not relevant to the suit or proceeding,
 Except
o It affects the credit of the witness by injuring his character,
 The Court shall decide whether or not the witness shall be compelled to answer it, and may,
 Warn the witness that he is not obliged to answer it.
 In exercising its discretion, the Court shall have regard to the following considerations:–
1. Such questions are proper if they are of such a nature that
 The truth of the imputation conveyed by them would
 Seriously affect the opinion of the Court as to the credibility of the
witness on the matter to which he testified;
2. Such questions are improper if the imputation which they convey relates to matters
 So remote in time, or
 That the truth of the imputation would not affect, or
 Would affect in slight degree,
 The opinion of the Court as to the credibility of the witness on the matter
to which he testified;

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 3. Such questions are improper if there is a
 Great disproportion between
 The importance of the imputation made against the witness‘s character
 And the importance of his evidence;
4. The Court may, if it sees fit, draw,
 From the witness‘s refusal to answer, the inference that the answer if given
 Would be un favorable

ARTICLE 144
QUESTION NOT TO BE ASKED WITHOUT REASONABLE GROUNDS
 No such question as is referred to in Article 143 ought to be asked,
 Unless the person asking it
o Has reasonable grounds for thinking that the imputation which it conveys
 Is well founded

ARTICLE 145
PROCEDURE OF COURT IN CASE OF QUESTION BEING ASKED WITHOUT
REASONABLE GROUNDS
 If it was asked by any advocate,
o Report the circumstances of the case to the High Court or
o Other authority to which such advocate is subject in the exercise of his profession

ARTICLE 146
INDECENT AND SCANDALOUS QUESTION
 The Court may forbid any question or inquiries
 Which it regards as indecent or scandalous,
 Although such questions or inquiries may have some bearing on the questions, before the Court,
 Unless they relate to
o Facts in issue, or
o To matters necessary to be known in order to determine
 Whether or not the facts in issue existed

ARTICLE 147
PROCEDURE OF COURT IN CASES OF DEFAMATION, LIBEL AND SLANDERS
 When a person is prosecuted or sued for making or publishing an imputation of a
o Defamatory, libelous or slanderous nature,
 The Court shall, not permit any question to be put to any witness for the purpose of

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 o Injuring the character of the person in respect of whom such imputation has, or is alleged
to have, been made, or any other person,
 Whether dead or alive, in whom he is interested
 Before it has recorded its findings on the issues
o Whether such person did make or publish such imputation, and
o Whether such imputation is true
 Except
o Insofar as any such question may the necessary for the purpose of
o Determining the truth of the imputations alleged to have been made or published

ARTICLE 148
QUESTIONS INTENDED TO INSULT OR ANNOY
 The Court shall forbid any question which appears to it
o To be intended to insult or annoy; or which,
 Though proper in itself, appears to the Court
o Needlessly offensive in form

ARTICLE 149
EXCLUSION OF EVIDENCE TO CONTRADICT ANSWERS TO QUESTIONS TESTING
VERACITY
 When a witness has been asked and has answered any question
 Which is relevant to the inquiry only insofar as
o It tends to shake his credit by injuring his character,
 No evidence shall be given to contradict him; but,
 If he answers falsely, he may afterwards be charged
o With giving false evidence.
 Exceptions
1. If a witness is asked whether he has been previously convicted of any crime
 Denies it,
 Evidence may be given of his previous conviction.
2. If a witness is asked any question tending to impeach his impartiality and answers it
 By denying the facts suggested,
 He may be contradicted

ARTICLE 150
QUESTION BY PARTY TO HIS OWN WITNESS
 The Court may permit the person
 Who calls a witness to put any questions to him
o Which might be put in cross-examination by the adverse party

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ARTICLE 151
IMPEACHING CREDIT OF WITNESS
 The credit of a witness may be impeached in the following ways by the
o Adverse party, or,
o By the party who calls him (with the consent of the Court)
1. By the evidence of persons who testify that they,
o From their knowledge of the witness,
o Believe him to be unworthy of credit;
2. By proof that the witness
o Has been bribed, or
o Has accepted the offer of a bribe, or
o Has received any other corrupt inducement to give his evidence;
3. By proof of
o Former statements inconsistent with any part of his evidence
o Which is liable to be contradicted;
4. When a man is prosecuted for rape or an attempt to ravish,
o It may be shown that the prosecutrix was of generally immoral character.
o A witness declaring another witness to be unworthy of credit may not
 Give reasons for his belief, but he may be asked
 His reasons in cross-examination,
o And the answers which he gives
 Cannot be contradicted, though,
o If they are false, he may afterwards be charged with giving false evidence.
ARTICLE 152
QUESTIONS TENDING TO CORROBORATE EVIDENCE OF RELEVANT FACT
ADMISSIBLE
 When a witness whom it is intended to corroborate
o Gives evidence of any relevant fact,
 He may be questioned as to any other circumstances which
 He observed at or near to the time or place
o At which such relevant fact occurred
 If the Court is of opinion that such circumstances, if proved,
o Would corroborate the testimony of the witness as to the relevant fact which he testifies
ARTICLE 153
FORMER STATEMENTS OF WITNESS MAY BE 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
o Relating to the same fact at or about the time
 When the fact took place, or
 Before any authority legally competent to investigate the fact,
 May be proved

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ARTICLE 154
WHAT MATTERS MAY BE PROVED IN CONNECTION WITH PROVED STATEMENT
RELEVANT UNDER ARTICLE 46 OR 47
 Whenever any statement, relevant under Article 46 or 47,
 Is proved,
 All matters may be proved either in order to
o Contradict or
o Corroborate it, or
o To impeach or
o Confirm the credit of the person
 By whom it was made
 Which might have been proved
 If that person had been called as a witness and
 Had denied upon cross-examination the truth of the matter suggested

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 REFRESHING MEMORY
ARTICLE 155
REFRESHING MEMORY
1. A witness may, while under examination of
 Afresh his memory
 By referring to any writing made by himself
o At the time of the transaction concerning which he is questioned, or
o So soon afterwards that
 The Court considers it likely that the transaction was at that time fresh in his memory.
2. The witness may also refer
 To any such writing made by any other person, and
 Read by the witness within the time aforesaid
o If when he read it he knew it to be correct.
3. Whenever a witness refresh memory by reference to any document he may
 Refer to a copy of such document
o With the permission of the Court

Court be satisfied that there is sufficient reason for the non-production of the original

4. An expert may refresh his memory by reference to

 Professional treatise

ARTICLE 156
TESTIMONY TO FACTS STATED IN DOCUMENT MENTIONED IN ARTICLE 155
 A witness may also testify to fact mentioned in any such document
 As is mentioned in Article 155
 If he is sure that the facts were correctly recorded in the document
 Although he has no specific recollection of the facts themselves

ARTICLE 157
RIGHT OF ADVERSE PARTY AS TO 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 adverse party if he requires it such party may
 If he pleases
 Cross-examine the witness thereupon

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ARTICLE 158
PRODUCTION OF DOCUMENT
1. A witness summoned 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 production or to its
admissibility
The validity of any objection shall be decided on by the Court)
2. The Court
 May inspect the document
 Unless it refers
 To matters of State, or
 Take other evidence to enable it to determine on its admissibility.
3. If for such a purpose it is necessary to cause any document
 To be translated
 The Court may direct the translator
 To keep the contents secret
 Unless the document is to be given in evidence; and,
 If the translator disobeys such direction
 He shall be held to have committed an offence under Section 166 of the Pakistan
Penal Code, 1860

ARTICLE 159
GIVING, AS EVIDENCE, OF DOCUMENT CALLED 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
 Inspected by the partly calling for its production
 He is bound to give it as evidence
 If the party producing it requires him to do so

ARTICLE 160
USING, AS EVIDENCE, OF DOCUMENT PRODUCTION 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 as evidence
 Without the consent of the other party or
 The order of the Court

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ARTICLE 161
JUDGE‘S POWER TO PUT QUESTION OR ORDER PRODUCTION
 The Judge may, in order
 To discover or
 To obtain proper proof of relevant facts
 Ask any question he places
 In any form
 At any time
 Of any witness, or
 Of the parties about any fact
 Relevant or irrelevant
 And may order the production of any
 Document or
 Things
 And neither the parties nor their agents shall be entitled to
 Make any objection to any such question or order,
 Nor, without the leave of the Court
 To cross-examine any witness upon any answer given in reply to any such question:

Judgment must be based upon facts declared by this Order to be relevant, and duly
proved
This Article shall not authorize any Judge to compel any witness to answer any question
or to produce any document which such witness would be entitled to refuse to answer or
produce under Articles 4 to 14, both inclusive, if the question was asked or the document
was called for by the adverse party:
Nor shall the Judge ask any question which it would be improper for any other person to
ask under Article 143 or 144
Nor shall he dispense with primary evidence of any document, except in the cases herein
before excepted

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 CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
ARTICLE 162
NO NEW TRIAL FOR IMPROPER ADMISSION 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 any case
 If it shall appear to the Court before which such objection is raised that
 Independent of the evidence objected to and admitted
 There was sufficient evidence to justify the decision, or that,
 If the rejected evidence had been received
 It ought not to have varied the decision

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 CHAPTER XII
DECISION OF CASE ON THE BASIS OF OATH
ARTICLE 163
ACCEPTANCE OR DENIAL OF CLAIM ON 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 the claim on oath
2. The Court may pass such orders
 As to costs and other matters as it may deem fit.
3. Nothing in this Article applies to laws relating to the
 Enforcement of Hudood or
 Other criminal cases

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 CHAPTER XIII
MISCELLANEOUS
ARTICLE 164
PRODUCTION OF EVIDENCE THAT HAS BECOME AVAILABLE BECAUSE OF MODERN
DEVICES, ETC
 The Court may allow to be produced any evidence that
 May have become available because of modern devices or techniques
Conviction on the basis of modern devices be lawful

ARTICLE 165
ORDER TO OVERRIDE OTHER LAWS
 The provisions of this Order shall have effect
 Notwithstanding anything contained in any other law for the time being in force

PREPARED BY
ANUM AKRAM

AFRASIAB MOHAL JUDICIAL ACADEMY, LAHORE

0345-4644423
OFFICE NO. 201, THIRD FLOOR, FAZAL-E-MEERAN BUILDING, NEAR FAMILY HOSPITAL,
4-A MOZANG ROAD LAHORE

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