2(1) Definitions
(a) “Court”
· Includes Judges and Magistrates and any person legally authorized to take evidence.
· Excludes arbitrators — this law doesn’t apply to arbitration proceedings.
📌 Implication: Not just traditional judges—this can include tribunals and other legal
officers with judicial powers.
(b) “Document”
· Defined broadly to include any matter expressed using letters, figures, or marks on
any substance.
· Must be capable of being used for recording information.
Illustrations include:
· Handwriting
· Printed material
· Photographs
· Maps/plans
· Metal or stone inscriptions
· Caricatures
📌 Implication: Any physical or digital form of recorded information can be treated as
evidence.
(c) “Evidence”
Two types:
1. Oral Evidence – Statements made by witnesses before the Court regarding facts
under investigation.
2. Documentary Evidence – Documents presented to the Court for inspection.
📌 Implication: Evidence isn't only what is spoken in court; documents (including
electronic) are equally valid.
(d) “Fact”
Covers:
· Physical facts: Things that can be perceived by the senses.
· Mental states: Feelings, intentions, knowledge, beliefs, or sensations.
Examples of facts:
· Seeing or hearing something.
· Holding an opinion or intention.
· Feeling fear or love.
· Having a reputation.
📌 Implication: Both external events and internal states are considered “facts” and can be
proved or disproved.
(e) & (f) Electronic Terms (from Electronic Transactions Ordinance, 2002)
· Terms like “automated,” “electronic document,” “digital signature,” etc. are to be
interpreted using the definitions in the Electronic Transactions Ordinance, 2002.
· “Certificate” also takes its meaning from that ordinance.
📌 Implication: This allows the Qanun-e-Shahadat to cover digital evidence and cyber law
elements.
2(2) Relevancy of Facts
· A fact is “relevant” when it's connected to another fact in a way described in this
Order.
· The law later elaborates on what makes a fact relevant (Articles 18–29).
📌 Implication: Not every fact is admissible—only those legally connected to the case.
2(3) “Facts in Issue”
· These are core facts whose existence or non-existence determines the rights,
liabilities, or disabilities of the parties in a legal case.
· These can be established by themselves or with other facts.
Illustration:
If A is on trial for murdering B, the following are "facts in issue":
· Did A cause B’s death?
· Did A intend to do it?
· Was A provoked?
· Was A mentally ill at the time?
📌 Implication: These are the central issues that need to be proved/disproved in court.
2(4) “Proved”
· A fact is proved when:
· The Court believes it exists, or
· Thinks it is so probable that a reasonable person would assume it to be true.
📌 Implication: Courts rely on the "prudent man" test to determine the credibility of a fact.
2(5) “Disproved”
· A fact is disproved when:
· The Court believes it does not exist, or
· Considers it so improbable that a reasonable person would assume it's false.
2(6) “Not Proved”
· When a fact is neither proved nor disproved based on the available evidence.
📌 Implication: The status of a fact in court can fall into one of three categories:
1. Proved
2. Disproved
3. Not proved
2(7) “May Presume”
· The Court is allowed (but not required) to treat a fact as proved unless disproved.
· The Court can ask for additional proof if uncertain.
📌 Implication: This gives the Court discretion.
2(8) “Shall Presume”
· The Court is obligated to treat a fact as proved unless disproved.
· No discretion to ignore the presumption.
📌 Implication: Stronger than “may presume.”
2(9) “Conclusive Proof”
· When one fact is declared as conclusive proof of another:
· If the first is proved, the second must be accepted as true.
· No contrary evidence is allowed.
📌 Implication: Used in rare, specific circumstances like legal presumptions in paternity or
age.
Summary Table
Concept Meaning
Court Judges, magistrates, others legally authorized (not arbitrators)
Any written, printed, drawn, or marked record (including digital
Document
forms)
Evidence Oral (spoken) or documentary (written) evidence
Fact Observable things or mental states
Relevancy Legal connection to facts in issue
Facts in Issue Core issues that determine legal outcomes
Proved Believed true or highly probable
Disproved Believed false or highly improbable
Not Proved Neither proved nor disproved
May Presume Court has discretion to treat a fact as true
Shall Presume Court must treat a fact as true unless disproved
Conclusive
Fact must be treated as true—no evidence allowed to rebut it
Proof
Flowchart.
Start
├──► Court?
│ └─ Includes Judges, Magistrates, other legal authorities
│ (Excludes arbitrators)
├──► Document?
│ └─ Anything written, printed, drawn, marked, etc.
│ (Includes: photos, maps, inscriptions, caricatures)
├──► Evidence?
│ ├─ Oral Evidence → Witness statements in court
│ └─ Documentary Evidence → Documents shown in court
├──► Fact?
│ ├─ Physical Facts → Seen, heard, touched, etc.
│ └─ Mental Conditions → Beliefs, intentions, emotions
├──► Is it Relevant?
│ └─ Yes, if connected to another fact as per this Order
├──► Facts in Issue?
│ └─ Central facts that establish legal rights/liabilities
│ (e.g., intention, act, provocation)
│
├──► Is the Fact:
│ ├─ Proved? → Court believes it or thinks it's very probable
│ ├─ Disproved? → Court believes it does not exist
│ └─ Not Proved? → Neither proved nor disproved
├──► Court's Treatment of a Fact:
│ ├─ May Presume → Optional presumption (can ask for proof)
│ ├─ Shall Presume → Mandatory unless disproved
│ └─ Conclusive Proof → Treated as final truth (no rebuttal allowed)
End