The Qanun-e-Shahadat Order
Qanun-e-Shahadat Order · Federal · 1984 · P.O. No. 10 of 1984
Legal status
In force
Effective date
1984-10-28
Sections
168
Chapter I — Preliminary
Chapter II — Of Witnesses
- Article 3: Who may testify.— All persons shall be competent to testify unless the Court considers that
- Article 4: Judges and Magistrates.— No Judge or Magistrate shall, except upon the special order of
- Article 5: Communications during marriage.— No person who is or has been married shall be
- Article 6: Evidence as to affairs of State.— No one shall be permitted to give any evidence derived
- Article 7: Official communications.— No public officer shall be compelled to disclose
- Article 8: Information as to commission of offences.— No Magistrate or Police officer shall be
- Article 9: Professional communications.— No advocate shall at any time be permitted, unless with
- Article 10: Article 9 to apply to interpreters, etc.— The provisions of Article 9 shall apply to
- Article 11: Privilege not waived by volunteering evidence.— If any party to a suit gives evidence
- Article 12: Confidential communications with legal advisers.— No one shall be compelled to
- Article 13: Production of title deed of witness, not a party.— No witness who is not a party to a suit
- Article 14: Production of documents which another person, having possession, could refuse to
- Article 15: Witness not excused from answering on ground that answer will criminate.— A
- Article 16: Accomplice.— An accomplice shall be a competent witness against an accused person,
- Section 17: Competence and number of witnesses. — (1) The competence of a person to testify, and
Chapter III — Of The Relevancy Of Facts
- Article 18: Evidence may be given of facts in issue and relevant facts.— Evidence may be given in
- Article 19: Relevancy of facts forming part of same transaction.— Facts which though not in issue,
- Article 20: Facts which are the occasion, cause or effect of facts in issue.— Facts which are the
- Article 21: Motive, preparation and previous or subsequent conduct.— (1) Any fact is relevant
- Article 22: Facts necessary to explain or introduce relevant facts.— Facts necessary to explain or
- Article 23: Things said or done by conspirator in reference to common design.— Where there is
- Article 24: When facts not otherwise relevant become relevant.— Facts not otherwise relevant are
- Article 25: In suits for damages facts tending to enable Court to determine amount are
- Article 26: Facts relevant when right or custom is in question.— Where the question is as to the
- Article 27: Facts showing existence of state of mind, or of body, or bodily feeling.— Facts showing
- Article 28: Facts bearing on question whether act was accidental or intentional.— When there is
- Article 29: Existence of course of business when relevant.— When there is a question whether a
- Article 30: Admission defined.— An admission is a statement, oral or documentary, which suggests
- Article 31: Admission by party to proceeding or his agent, etc.—(1) Statements made by a party to
- Article 32: Admission by persons whose position must be proved as against party to suit.—
- Article 33: Admission by persons expressly referred to by party to suit.— Statements made by
- Article 34: Proof of admissions against persons making them, and by or on their behalf.—
- Article 35: When oral admissions as to contents of documents are relevant. — Oral admissions as
- Article 36: Admissions in civil cases when relevant.— In civil cases no admission is relevant, if it is
- Article 37: Confession caused by inducement, threat or promise, when irrelevant in criminal
- Article 38: Confession to police officer not to be proved.— No confession made to a police officer
- Article 39: Confession by accused while in custody of police not to be proved against him.—
- Article 40: How much of information received from accused may be proved.— When any fact is
- Article 41: Confession made after removal of impression caused by inducement, threat or
- Article 42: Confession otherwise relevant not to become irrelevant because of promise of secrecy,
- Article 43: Consideration of proved confession affecting person making it and others jointly
- Article 44: Accused persons to be liable to cross-examination.— All accused persons, including an
- Article 45: Admission not conclusive proof but may estop.— Admissions are not conclusive proof
- Article 46: Cases in which statement of relevant fact by person who is dead or cannot be found,
- Article 46A: Relevance of information generated, received or recorded by automated
- Article 47: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts
- Article 48: Entries in books of account when relevant.— Entries in books of accounts, regularly
- Article 49: Relevancy of entry in public record made in performance of duty.— An entry in any
- Article 50: Relevancy of statements in maps, charts and plans.— Statements of facts in issue or
- Article 51: Relevancy of statements as to fact of public nature, contained in certain Acts or
- Article 52: Relevancy of statements as to any law contained in law books.— When the Court has
- Article 53: What evidence to be given when statement forms part of a conversation, document,
- Article 54: Previous judgments relevant to bar a second suit or trial.— The existence of any
- Article 55: Relevancy of certain judgments in probate, etc., jurisdiction.— A final judgment, order
- Article 56: Relevancy and effect of judgments, orders or decrees, other than those mentioned in
- Article 57: Judgments, etc., other than those mentioned in Articles 54 to 56, when relevant.—
- Article 58: Fraud or collusion in obtaining judgment, or Incompetency of Court, may be
- Article 59: Opinions of experts.— When the Court has to form an opinion upon a point of foreign
- Article 60: Facts bearing upon opinions of experts.— Facts, not otherwise relevant, are relevant if
- Article 61: Opinion as to hand writing when relevant.— When the Court has to form an opinion as
- Article 62: Opinion as to existence of right or custom, when relevant.— When the Court has to
- Article 63: Opinion as to usages, tenets, etc., when relevant.— When the Court has to form an
- Article 64: Opinion on relationship when relevant.— When the Court has to form an opinion as to
- Article 65: Grounds of opinion when relevant.— Whenever the opinion of any living person is
- Article 66: In civil cases character to prove conduct imputed irrelevant.— In civil cases the fact
- Article 67: In criminal cases previous good character relevant.— In criminal proceedings the fact
- Article 68: Previous bad character not relevant, except in reply.— In criminal proceedings the fact
- Article 69: Character as affecting damages.— In civil cases the fact that the character of any person
Chapter IV — Of Oral Evidence
Chapter IX — Of The Burden Of Proof
- Article 117: Burden of proof.— (1) Whoever desires any Court to give judgment as to any legal right
- Article 118: On whom burden of proof lies.— The burden of proof in a suit or proceeding lies on
- Article 119: Burden of proof as to particular fact.— The burden of proof as to any particular fact
- Article 120: Burden of proving fact to be proved to make evidence admissible.— The burden of
- Article 121: Burden of proving that case of accused comes within exceptions.— When a person is
- Article 122: Burden of proving fact especially within knowledge.— When any fact is especially
- Article 123: Burden of proving death of person known to have been alive within thirty years.—
- Article 124: Burden of proving that person is alive who has not been heard of for seven years.—
- Article 125: Burden of proof as to relationship in the cases of partners, landlord and tenant,
- Article 126: Burden of proof as to ownership.—When the question is whether any person is owner
- Article 127: Proof of good faith in transactions where one party is in relation of active
- Article 128: Birth during marriage conclusive proof of legitimacy.—(1) The fact that any person
- Article 129: Court may presume existence of certain facts.— The Court may presume the existence
Chapter V — Of Documentary Evidence
- Article 72: Proof of contents of documents.— The contents of documents may be proved either by
- Article 73: Primary evidence.— “Primary evidence” means the document itself produced for the
- Article 74: Secondary evidence.— “Secondary evidence” means and includes—
- Article 75: Proof of documents by primary evidence.— Documents must be proved by primary
- Article 76: Cases in which secondary evidence relating to documents may be given.— Secondary
- Article 77: Rules as to notice to produce.— Secondary evidence of the contents of the documents
- Article 78: Proof of signature and handwriting of person alleged to have signed or written
- Article 78A: Proof of electronic signature and electronic document.— If an electronic document
- Article 79: Proof of execution of document required by law to be attested.— If a document is
- Article 80: Proof where no attesting witness found.— If no such attesting witness can be found, it
- Article 81: Admission of execution by party to attested document.— The admission of a party to
- Article 82: Proof when attesting witness denies the execution.— If the attesting witness denies or
- Article 83: Proof of document not required by law to be attested.— An attested document not
- Article 84: Comparison of signature, writing or seal with others admitted or proved.—(1) In order
- Article 85: Public documents.— The following documents are public documents: —
- Article 86: Private documents.— All other documents are private
- Article 87: Certified copies of public documents.— Every public officer having the custody of a
- Article 88: Proof of documents by production of certified Copies.— Such certified copies may be
- Article 89: Proof of other public documents.— The following public documents may be proved as
- Article 90: Presumption as to genuineness of certified copies.—(1) The Court shall presume every
- Article 91: Presumption as to documents produced as record of evidence.— Whenever any
- Article 92: Presumption as to genuineness of documents kept under any law.— The Court shall
- Article 93: Presumptions as to maps or plans made by authority of Government.— The Court
- Article 94: Presumption as to collections of laws and reports of decision.— The Court shall
- Article 95: Presumption as to powers of attorney.— The Court shall presume that every document
- Article 96: Presumption as to certified copies of foreign judicial records.—(1) The Court may
- Article 97: Presumption as to books, maps and charts.— The Court may presume that any book to
- Article 98: Presumption as to telegraphic messages.— The Court may presume that message,
- Article 99: Presumption as to due execution, etc., of documents not produced.— The Court shall
- Article 100: Presumption as to documents thirty years old.— Where any document, purporting or
- Article 101: Certified copies of documents thirty years old.— The provisions of Article 100 shall
Chapter VI — Of The Exclusion Of Oral By Documentary Evidence
- Article 102: Evidence of terms of contracts, grants and other disposition of property reduced to
- Article 103: Exclusion of evidence of oral agreement.— When the terms of any such contract, grant
- Article 104: Exclusion of evidence against application of document to existing facts.— When
- Article 105: Evidence as to document unmeaning in reference to existing facts.— When language
- Article 106: Evidence as to application of language which can apply to one only of several
- Article 107: Evidence as to application of language to one of two sets of facts to neither of which
- Article 108: Evidence as to meaning of illegible characters, etc.— Evidence may be given to show
- Article 109: Who may give evidence of agreement varying terms of document.— Persons who are
- Article 110: Saving of provisions of Succession Act relating to wills.— Nothing in this Chapter
Chapter VII — Facts Which Need Not Be Proved
Chapter VIII — Estoppel
Chapter X — Of The Examination Of Witness
- Article 130: Order of production and examination of witnesses.— The order in which witnesses are
- Article 131: Judge to decide as to admissibility of evidence.—(1) When either party proposes to give
- Article 132: Examination in chief, etc.—(1) The examination of a witness by the party who calls him
- Article 133: Order of examinations.—(1) Witnesses shall be first examined in chief, then (if the
- Article 134: Cross examination of person called to produce a document.— A person summoned to
- Article 135: Witnesses to character.— Witnesses to character may be cross examined and re
- Article 136: Leading questions.— Any question suggesting the answer which the person putting it
- Article 137: When leading questions must not be asked.— (1) Leading questions must not, if
- Article 138: When leading questions may be asked.— Leading questions may be asked in
- Article 139: Evidence as to matters in writing.— Any witness may be asked, whilst under
- Article 140: Cross examination as to previous statements in writing.— A witness may be cross
- Article 141: Questions lawful in cross examination.— When a witness is cross examined, he may,
- Article 142: When witness to be compelled to answer.— If any such question relates to a matter
- Article 143: Court to decide when question shall be asked and when witness compelled to
- Article 144: Question not to be asked without reasonable grounds.— No such question as is
- Article 145: Procedure of Court in case of question being asked without reasonable grounds.—
- Article 146: Indecent and scandalous question.— The Court may forbid any question or inquiries
- Article 147: Procedure of Court in cases of defamation, libel and slander.— When a person is
- Article 148: Questions intended to insult or annoy.— The Court shall forbid any question which
- Article 149: Exclusion of evidence to contradict answers to questions testing veracity.— When a
- Article 150: Question by party to his own witness.— The Court may, in its discretion, permit the
- Article 151: Impeaching credit of witness.— The credit of a witness may be impeached in the
- Article 152: Questions tending to corroborate evidence of relevant fact admissible.— When a
- Article 153: Former statements of witness may be proved to corroborate later testimony as to
- Article 154: What matters may be proved in connection with proved statement relevant under
- Article 155: Refreshing memory.—(1) A witness may, while under examination, refresh his memory
- Article 156: Testimony to facts stated in document mentioned in Article 155.— A witness may
- Article 157: Right of adverse party as to writing used to refresh memory.— Any writing referred
- Article 158: Production of documents.—(1) A witness summoned to produce a document shall, if it
- Article 159: Giving, as evidence, of document called for and produced on notice.— When a party
- Article 160: Using, as evidence, of document production of which was refused on notice.— When
- Article 161: Judge’s power to put questions or order production.— The Judge may, in order to
Chapter XI — Of Improper Admission And Rejection Of Evidence
Chapter XII — Decision Of Case On The Basis Of Oath
Chapter XIII — Miscellaneous
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