Week 1: Introduction and Interpretation

Preamble :

Whereas it is expedient to revise, amend and consolidate the law of evidence so as to bring it in conformity with the injunctions of Islam as laid down in the Holy Qur'an and Sunnah ; Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977. and in exercise of all powers enabling him in that behalf, the President is pleased to make this Order.

Short title, extent and commencement:

  • This order may be called the Qanun-eShahadat. 1984.
  • It extends to the whole of Pakistan and applies to all judicial proceedings in or before any Court, including a Court Martial, a Tribunal or other authority exercising judicial or quasi judicial powers or Jurisdiction, but does not apply to proceedings before an arbitrator.
  • It shall come into force at once.

Interpretation:

  1. In this Order, unless there is anything repugnant in the subject or context—

(a) "Court" includes ail Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence;

(b) "Document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose recording that matter; Illustrations A writing is a document; Words printed, lithographed or photographed are documents ; A map or plan Is a document; An inscription on a metal plate or stone is a document ; A caricature is a document.

(c) "Evidence" includes; (i) all statements which the Court permits or requires be made before it by witnesses, m relation to matters of fact under inquiry ; such statements are called oral evidence ; and (ii) all documents produced for the inspection of the Court; such documents are called documentary evidence ; (d) "fact" includes—

(i) anything, state of things, or relation of things capable .of being perceived by the senses and

(ii) any mental condition of which any person is conscious.

Illustrations

(a) That there are certain objects arranged in a certain order in a certain place, is a fact.

(b) That a man heard or saw something. Is a fact.

(c) That a man said certain words is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense or is or was at a specified time conscious of a particular sensation is a fact.

(e) That a man has a certain reputation is a fact.

(2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of the Order relating to the relevancy of facts.

(3) The expression "facts in issue" includes any fact from which, either by itself or in connection with other facts the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows.

Explanation: Whenever, under the provisions of the law for the time being in force relating to civil procedure, any Court records on issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue.

Illustrations

A is accused of the murder of B. At his trial the following facts may be in issue:— that A caused B's death ; that A had intended to cause B's death ; that A had received grave sudden provocation from B ; that A, at the time of doing the act which caused B's death, was by reason of unsoundness of mind, incapable of knowing its nature.

(4) A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

(5) A fact is said to be disproved when after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

(6) A fact is said not to be proved when it is neither proved nor disproved.

(7) Whenever it is provided by this Order that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

(8) Whenever it is directed by this Order that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

(9) When one fact is declared by the Order to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. 

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