QANUN-E-SHAHADAT ORDER, 1984 pdf free download
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CONTENTS
Preamble
PART - I
RELEVANCY OF FACTS
CHAPTER - I
Preliminary
Article:
1. Short title, extent and commencement 1
2. Interpretation 1
CHAPTER II
Of Witnesses
3. Who may testify 3
4. Judges and Magistrates ... 4
5. Communications during marriage ... 4
6. Evidence as to affairs of State 5
7. Official communications 5
8. Information as to commission of offences ... 5
9. Professional communications ... 5
10. Article 9 to apply to interpreters, etc. ... 6
11. Privilege not waived by volunteering evidence... 6
12. Confidential communications with legal advisers ... 6
13. Production of title deed of witness, not party 6
14. Production of documents which another person, having possession, could refuse to
produce ... 7
15. Witness not excused from answering on ground that answer will criminate. 7
16. Accomplice 7
17. Competence and number of witnesses ... 7
CHAPTER III
Of the Relevancy of Facts
18. Evidence may be given of facts-in-issue and relevant facts ... g
19. Relevancy of facts forming part, of some transaction
20. Facts which are the occasion, cause or effect of facts-in-issue
21. Motive, preparation and previous or subsequent conduct
22. Facts necessary to explain or introduce relevant facts
23. Things said or done by conspirator in reference to common design
24. When facts not otherwise relevant become relevant
25. In suits for damages facts tending to enable Court to determine amount are relevant
26. Facts relevant when right or custom is in question
27. Facts showing existence of state of mind or of body, or bodily feelings
28. Facts bearing on question Whether act was accidental or intentional
29. Existence of course of business when relevant
ADMISSIONS
30. Admission defined
31. Admission by party to proceeding or his agent etc.
32. Admission by persons whose position must be proved as against party to suit
33. Admission by persons expressly referred to by party to suit
34. Proof of admissions against persons making them and by or on this behalf
35. When oral admissions as to contents of documents are relevant
36. Admissions in civil cases when relevant
37. Confession caused by inducement, threat or promise, when irrelevant in criminal
proceeding
38. Confession to police officer not to be proved
39. Confession by accused while in custody of police not to be proved against him
40. How much of information received from accused may be proved
41. Confession made after removal of impression caused by inducement, threat or
promise, relevant ... 20
42. Confession otherwise relevant not to become irrelevant because of promise of
secrecy, etc.... 20
43. Consideration of proved confession affecting person making it and others jointly under
trial for same offence 20
44. Accused persons to be liable to cross-examination 21
45. Admission not conclusive proof but may estop 21
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
46. Cases in which statement of relevant fact by person who is deed or cannot be found,
etc. is relevant, ... 21
(1) When it relates to cause of death ... 21
(2) Or is made in course of business ... 22
(3) Or against interest of maker ... 22
(4) Or gives opinion as to public right or customs or matters of general interest
22
(5) Or relates to existence of relationship ... 22
(6) Or is made in will or deed relating to family affairs ... 22
(7) Or in document relating to transaction mentioned in Article 28, paragraph (a) 23
(8) Or is made by several persons and expresses feelings relevant to matter in question
... 23
47. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts
therein stated ... 24
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
48. Entries in books of account when relevant ... 25
49. Relevancy of entry in public record made in performance of duty ... 25
50. Relevancy of statements in maps, charts and plans ... 25
51. Relevancy of statements as to fact of public nature, contained in certain Acts or
notifications 25
52. Relevancy of statements as to any law contained in law-books ... 25
HOW MUCH OF A STATEMENT IS TO BE PROVED
53. What evidence to be given when statement forms part of a conversation, document,
book or series of letters or papers 25-26
JUDGMENTS 0F COURTS OF JUSTICE WHEN RELEVANT
54. Previous judgments relevant to bar a Second suit or trial . ... 26
55. Relevancy of certain judgments in probate, etc. jurisdiction ... 2
56. Relevancy and effect of Judgments, orders or decrees, other than those mentioned
in Article 55 ... 2
57. Judgments, etc., other than those mentioned in Articles 54 to 56 when relevant
... 2
58. Fraud or collusion in obtaining judgment, or incompetence of Court may be proved
... 2
OPINION OF THIRD PERSONS WHEN RELEVANT
59. Opinions of experts
60. Facts bearing upon opinions of experts ... 2
61. Opinion as to handwriting when relevant ...
62. Opinion as to existence of right or custom, when relevant ... 2
63. Opinion as to usages, tenets, etc., when relevant ...
64. Opinion on relationship when relevant ...
65. Grounds of opinion when relevant ...\
CHARACTER WHEN RELEVANT
66. In civil cases character to prove conduct imputed irrelevant ...
67. In criminal cases previous good character relevant ...
68. Previous bad character not relevant, except in reply ...
69. Character as affecting damages ...
CHAPTER IV
Of Oral Evidence
70. Proof of facts by oral evidence ...
71. Oral evidence must be direct ...
CHAPTER V
Of Documentary Evidence
72. Proof of contents of documents ... 32
73. Primary evidence 32
74. Secondary evidence ... 32
75. Proof of documents by primary evidence ... 33
76. Cases in which secondary evidence relating to documents may be given ... 33
77. Rules as to notice to produce ... 34
78. Proof of signature and handwriting of person alleged to have signed or written
document produced 35
79. Proof of execution of document required by law to be attested ... 35
80. Proof where no attesting witness found ... 35
81. Admission of execution by party to attested document ... 35
82. Proof when attesting witness denies the execution ... 36
83. Proof of document not required by law to be attested ... 36
84. Comparison of signature, writing or seal with others admitted or proved ... 36
85. Public documents ... 36
86. Private documents ... 30
87. Certified copies of public documents ... 37
88. Proof of documents by production of certified copies ... 37
89. Proof of other public documents ... 37
PRESUMPTION AS TO DOCUMENTS
90. Presumption as to genuineness of certified copies ... 36
91. Presumption as to documents produced as record of evidence ... 38
92, Presumption as to genuineness of documents kept under any law ... 38
93. Presumption as to maps or plans made by authority of Government ... 39
94. Presumption as to collections of laws and reports of decision ... 39
95. Presumption as to powers-of-attorney ... 39
96. presumption as to certified copies of foreign Judicial records ... 39
97. Presumption as to books, maps and charts
98. Presumption as to telegraphic messages
99. Presumption as to due execution etc., of documents not produced ...
100. Presumption as to documents thirty years old ...
101. Certified copies of documents thirty years old ...
CHAPTER VI
Of the exclusion of Oral by Documentary evidence
102. Evidence of terms of contracts, grants and other disposition of property reduced to
form of document ...
103. Exclusion of evidence of oral agreement
104. Exclusion of evidence against application of document to existing facts
105. Evidence as to document unmeaning in reference to existing facts
106. Evidence as to application of language can apply to one only of several persons
107. Evidence as to application of language to one of two sets of facts to neither of which
the whole correctly applies
108. Evidence as to meaning of illegible characters etc.
109. Who may give evidence of agreement varying terms of document
110. Saving of provisions of Succession Act relating to wills
PART 11
ON PROOF
CHAPTER VII
Facts which need not be proved
111. Fact judicially noticeable need not be proved ...
112. Facts of which Court must take judicial notice...
113. Facts admitted need not be proved
CHAPTER VIII
Estoppel
114. Estoppel
115. Estoppel of tenant and of licensee of person in possession
116. Estoppel of acceptor of bill of exchange bailee or licensee
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER IX
Of the Burden of Proof
117. Burden of proof 49
118. On whom burden of proof lies ... 49
119. Burden of proof as to particular fact ... 49
120. Burden of proving fact to be proved to make evidence admissible ... 50
121. Burden of proving that case of accused comes within exceptions ... 50
122. Burden of proving fact especially within knowledge ... 50
123. Burden of proving death of person known to have been alive within thirty years
... 51
124. Burden of proving that person is alive who has not been heard of for seven years
... 51
125. Burden of proof as to relationship in the cases of partners, landlord and tenant,
principal and agent ... 51
126. Burden of proof as to ownership ... 51
127. Proof of good faith in transactions where one party is in relation of active confidence
... 51
128. Birth during marriage conclusive proof of legitimacy
129. Court may presume existence of certain facts ... 52
CHAPTER X
Of the Examination of Witness
130. Order of production and examination of witnesses ... 53
131. Judge to decide as to admissibility of evidence 54
132. Examination-in-chief, etc. ... 54
133. Order of examinations ... 55
134. Cross-examination of person called to produce a document ... 55
135. Witnesses to character . ... 55
136. Leading questions ... 55
137. When leading questions must not be asked ... 55
138. When leading questions may be asked ... 55
139. Evidence as to matters in writing ... 55
140. Cross-examination as to previous Statements in writing ... 56
141. Questions lawful in cross-examination .,. 56
142. When witness to be compelled to answer ... 56
143. Court to decide when question shall be asked and when witness compelled to
answer
144. Question not to be asked without reasonable grounds
145. Procedure of Court in case of question being asked without reasonable grounds
146. Indecent and scandalous question
147. Procedure of Court in cases of defamation, libel and slander
148. Questions intended to insult or annoy
149. Exclusion of evidence to contract answer to questions testing veracity
150. Question by party to his own witness
151. Impeaching credit of witness
152. Questions lending to corroborate evidence of relevant fact admissible
153. Former statements of witness may be proved to corroborate later testimony as to
same fact ...
154. When matters may be proved in connection with proved statement relevant under
Article 46 or 47
155. Refreshing memory
156. Testimony to facts stated in document mentioned in Article 155
157. Right of adverse party as to writing used to refresh memory
158. Production of documents
159. Giving, as evidence, of document called for and produced on notice
160. Using, as evidence, of document production of which was refused on notice
161. Judge's power to put questions or order production . ...
CHAPTER XI
Of Improper admission and rejection of Evidence
162. No new trial for improper admission or rejection of evidence
CHAPTER XII
Decision of case on the Basis of Oath
163. Acceptance or denial of claim on oath
CHAPTER XIII
Miscellaneous
164. Production of evidence that has become available because of modern devices, etc.
165. Order to override other laws
166. Repeal
