Friday, 17 October 2014

QANUN-E-SHAHADAT ORDER, 1984


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
The
QANUN-E-SHAHAOAT ORDER
(X OF 1984)
[28th October. 1984]
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 the
following Order—
PART - I
RELEVANCY OF FACTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement: (1) This order may be called the Qanun-e-
Shahadat. 1984.
(2) 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.
(3) It shall come into force at once.
2. 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.
CHAPTER II
OF WITNESSES
3. Who may testify: AH persons shall be competent to testify unless the Court considers
that they are prevented from understanding the questions put to them, or from giving
rational answers to those questions, by tender years, extreme old age, disease, whether
of body or mind or any other cause of the same kind:
Provided that a person shall not be competent to testify if he has been convicted by a
Court for perjury or giving false evidence:
Provided further that the provisions of the first proviso shall not apply to a person about
whom the Court is satisfied that he has repented thereafter and mended his ways:
Provided further that the Court shall determine the competence of a witness in accordance
with the qualifications prescribed by the injunctions of Islam as laid down in the Holy
Qur'an and Sunnah for a witness, and. where such witness is not forthcoming the Court
may take the evidence of a witness who may be available.
Explanation: A lunatic is not incompetent to testify unless he is prevented by his lunacy
from understanding the questions put to him and giving rational answers to them.
4. Judges and Magistrates: No Judge or Magistrate shall, except upon the special order
of some Court to which he is subordinate, be compelled to answer any questions as to his
own conduct in Court as Judge or Magistrate, or as to anything which come to his
knowledge in Court as such Judge or Magistrate; but he may be examined as to other
matters which occurred in his presence whilst he was so acting.
Illustrations
(a) A, on his trial before the Court of Session, says that a deposition was improperly taken
by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon
the special order of a superior Court.
(b) A is accused before the Court of Session of having given, false evidence before B, a
Magistrate. B cannot be asked what A said. Except upon the special order of the superior
Court
(c) A is accused before the Court of Session of attempting to murder a police officer whilst
on his trial before B, a Sessions Judge. B may be examined as to what occurred.
5. Communications during marriage: No person who is or has been married shall be
compelled to disclose any communication made to him during marriage by any person to
whom he is or has been married; nor shall he be permitted to disclosed any such
communication, unless the person who made its, or his representative-in-interest,
consents, except in suits between married persons, or proceedings in which one married
person is prosecuted for any crime committed against the other
6. Evidence as to affairs of State: No one shall be permitted to give any evidence
derived from unpublished official records relating to any affairs of State, except with the
permission of the officer at the head of the department concerned, who shall give or
withhold such permission as he thinks fit.
Explanation: In this Article, "official records relating to the affairs of State" includes
documents concerning industrial or commercial activities carried on directly or indirectly,
by the Federal Government or a Provincial Government or any statutory body or
corporation or company set up or controlled by such Government.
7. Official communications: No public officer shall be compelled to disclose
communications made to him in official confidence, when he considers that the public
interests would suffer by the disclosure.
Explanations In this Article, a communications includes communications concerning
industrial or commercial activities carried on, directly or indirectly, by the Federal
Government or a Provincial Government or any statutory body or corporation or company
set up or controlled by such Government.
8. Information as to commission of offences: No Magistrate or Police officer shall be
compelled to say whence he got any information as to the commission of any offence, and
no Revenue officer shall be compelled to say whence he got any information as to the
commission of any offence against the public revenue.
Explanation: In this Article, "Revenue-officer" means any officer employed in or about the
business of any branch of the public revenue.
9. Professional communications: No advocate shall at any time be permitted, unless
with his client's express consent, to disclose any communication made to him in the
course and for the purpose of his employment as such advocate, by or on behalf of his
client, or to state the contents or condition of any document with which he has become
acquainted in the course and for the purpose of his professional employment, or to
disclose any advice given by him to his client in the course and for the purpose of such
employment:
Provided that nothing in this Article shall protect from disclosure—
(1) any such communication made in furtherance of any illegal purpose ; or
(2) any fact observed by any advocate, in the course of his employment as such showing
that any crime or fraud has been committed since the commencement of his employment,
whether the attention of such advocate was or was not directed to such fact by or on
behalf of his client.
Explanation: The obligation stated in this Article continues after the employment has
ceased.
Illustrations
(a) A, a client, says to B. an advocate "I wish to obtain possession of property by the use
of a forged deed on which I request you to sue"
The communication, being made in furtherance of a criminal purpose is not protected from
disclosure.
(b) A, being charged with embezzlement, retains B, an advocate, to defend him. In the
course of the proceedings, B observes that an entry has been made in A's account book
charging A with the sum said to have been embezzled, which entry was not m the book at
the commencement of his employment.
This being a fact observed by B in the course of his employment showing that a fraud has
been committed since the commencement of the proceedings, it is not protected from
disclosure.
10. Article 9 to apply to interpreters, etc.: The provisions of Article 9 shall apply to
interpreters, and the clerks or servants of advocates.
11. Privilege not waived by volunteering evidence: If any party to a suit gives evidence
therein at his own instance or otherwise, he shall not be deemed to have consented there
by to such disclosure as is mentioned in Article 9, and. if any party to a suit or proceeding
calls any such advocate as a witness, he shall be deemed to have consented to such
disclosure only is he questions such advocate on matters which, but for such question, he
would not be at liberty to disclose.
12. Confidential communications with legal advisers: No one shall be compelled to
disclose to the Court, Tribunal or other authority exercising judicial or quasi-judicial powers
or Jurisdiction any confidential communication which has taken place between him and his
legal professional adviser, unless he offers himself as a witness, in which case he may be
compelled' to disclose any such communications as may appear to the Court necessary to
be known in order to explain any evidence which he has given, but no others.
13. Production of title deed of witness, not a party: No witness who is not a party to a
suit shall be compelled to produce his title deeds to any property or any document in virtue
of which he holds any property as pledgee or mortgagee or any document the production
of which might tend to criminate him unless he has agreed in writing to produce them with
the person seeking the production of such deeds or some person through whom he
claims.
14. Production of documents, which another person, having possession, could
refuse to produce: No one shall be compelled to produce documents in his possession,
which any other person would be entitled to refuse to produce if they were in his
possession, unless such last-mentioned person consents to their production.
15. Witness not excused from answering on ground that answer will criminate: A
witness shall not be excused from answering any Question as to any matter relevant to
the matter in issue in any suit or in any civil or criminal proceedings, upon the ground that
the answer to such question will criminate, or may tend directly or indirectly to criminate,
such witness, or that it will expose, or tend directly or indirectly to expose, such witness to
a penalty or forfeiture of any kind:
Provided that no such answer, which a witness shall be compelled to give shall subject
him to any arrest or prosecution, or be proved against him in any criminal proceeding,
except a prosecution for giving false evidence by such answer.
16. Accomplice; An accomplice shall be a competent witness against an accused
person, except in the case of an offence punishable with hadd and a conviction is not
illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
17. Competence and number of witnesses: (1) The competence of a person to testify,
and the number of witnesses required in any case shall be determined in accordance With
the injunctions of Islam as laid down in the Holy Qur'an and Sunnah:"
(2) Unless otherwise provided in any law relating to the enforcement of Hudood or any
other special law: —
(a) in matters pertaining to financial or future obligations, if reduced to writing, the
instrument shall be attested by two men or one man and two women, so that one may
remind the other, if necessary, and evidence shall be led accordingly ; and
(b) in all other matters, the Court may accept, or act on the testimony of one man or one
woman or such other evidence as the circumstances of the case may warrant.
CHAPTER 111
OF THE RELEVANCY OF FACTS
18. Evidence may be given of facts in issue and relevant facts: Evidence may be
given in any suit or proceeding of the existence or non-existence of every fact in issue and
of such other facts as are hereinafter declared to be relevant and of ho others.
Explanation: This Article shall not enable any person to give evidence of a fact, which he
is disentitled to prove by any provision of the law for the time being in force relating to Civil
Procedure.
Illustrations
(a) A is tried for the murder of B by boating him with a club with the intention of causing his
death.
At A's trial the following facts are in issue: —
A's beating B with the club;
A's causing B's death by such beating;
A's Intention to cause B's death.
(b) A suitor does not bring with him and have in readiness for production at the first
hearing of the case a bond on which he relies. This Article does not enable him to produce
the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in
accordance with the conditions prescribed by the law for the time being in force relating to
Civil Procedure.
19. Relevancy of facts forming part of some transaction: Facts, which though not in
issue, are so connected with a fact in issue as to form part of the same transaction, are
relevant whether they occurred at the same time and place or at different times and
places.
Illustrations
(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B
or the by-slanders at the beating, or, so shortly before or after it as to form part of the
transaction, is a relevant fact.
(M A is accused of waging war against Pakistan by taking part in an armed insurrection in
which property is destroyed/ troops are attacked, and goals are broken open. The
occurrence of these facts is relevant, as forming part of the general transaction, though A
may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters
between the parties relating to the subject out of which the libel arose, and forming part of
the correspondence in which it Is contained, are relevant facts, though they do not contain
the libel itself.
(d) The question is, whether certain goods ordered from B were delivered to A. The goods
were delivered to several intermediate persons successively. Each delivery is a relevant
fact.
20. Facts which are the occasion, cause or effect of facts in issue: Facts which are
the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue,
or which constitute the state of things under which they happened, or which afforded an
opportunity for their occurrence or transaction, are relevant.
Illustrations
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery, B went to a fair with money in his possession,
and that he showed it or mentioned the fact that he had it, to third person, are relevant.
(6) The question is whether A murdered B.
Marks on the ground, produced by a struggle at or near the place where the murder was
committed, are relevant facts.
(c) The question is whether A poisoned B.
The state of B's health before the symptoms ascribed to poison, and habits of B. known to
A, which afforded an opportunity for the administration of poison, are relevant facts.
21. Motive, preparation and, previous or subsequent conduct: (1) Any fact is relevant
which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in
reference to such suit or proceeding, or in reference to any fact in issue therein or relevant
thereto, and the conduct of any person an offence against whom is the subject of any
proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or
relevant fact, and whether it was previous or subsequent thereto.
Explanation 1: The word "conduct" in this clause does not include statements, unless
those statements accompany and explain acts other than statements but this explanation
is not to affect the relevancy of statements under any other Article of this Order.
Explanation 2: When the conduct of any person is relevant, any statement made to him or
in his presence and hearing, which affects such conduct, is relevant.
Illustrations
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C and that B had tried to
extort money from A by threatening to make his knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money. B denies the making of the bond.
The fact that, at the time when the bond was alleged to be made, B required money for a
particular purpose is relevant.
(c) A is tried for the murder of B by poison the fact that, before the death of B. A procured
poison similar to that, which was administered to B, is relevant.
(d) The question is whether a certain document is the will of A.
The facts that not long before the date of the alleged will A made inquiry into matters to
which the provisions of the alleged will relate, that he consulted advocates in reference to
making the will, and that he caused drafts of other wills to be prepared of which he did not
approve, are relevant.
(e) A is accused of a crime.
The facts that either before or at the time of, or after the alleged crime, A provided
evidence which would tend to give to the facts of the case an appearance favourable to
himself, or that he destroyed or concealed evidence or prevented the presence or
procured the absence of persons who might have been witnesses, or suborned persons to
give false evidence respecting it, are relevant.
(f) The question is whether A robbed B.
The facts that, after B was robbed. C said in A's presence:
"the Police are coming to look for the man who robbed B", and that immediately
afterwards A ran away, are relevant.
(g) The question is whether A owes B rupees 10,000.
The facts that A asked C to fend him money, and that D said to C in A's presence and
hearing: "I advise you not to trust A, for he owes B 10,000 rupees", and that A went away
without making any answer are relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded after receiving a fetter warning him that inquiry was being
made for the criminal, and the contents of the letter are relevant.
(i) A is accused of a crime.
The fact that, after the commission of the alleged crime he absconded, or was in
possession of property or the proceeds of property acquired by the crime, or attempted to
conceal things which were or might have been used in committing it, are relevant.
(j) The question is whether A was ravished.
The facts that shortly after the alleged rape, she made a complaint relating to the crime,
the circumstances under which, and the terms in which, the complaint was made are
relevant.
The fact that, without making a complaint, she said, that she had been ravished is not
relevant as conduct under this Article though it may be relevant as a dying declaration
under Article 49, paragraph (1), or as corroborative evidence under Article 153.
(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence,
the circumstances under which, and the terms in which, the complaint was made, are
relevant.
The fact that he said he had been robbed without making any complaint, is not relevant,
as conduct under this Article, though it may be relevant, as a dying declaration under
Article 46, paragraph (1). or as corroborative evidence under Article 153.
22. Facts necessary to explain or introduce relevant facts: Facts necessary to explain
or introduce a fact in issue or relevant fact, or which support or rebut an inference
suggested by a fact in issue or relevant fact, or which establish the identity of anything or
person whose identity is relevant, or fix the time or place at which any fact in issue, or
relevant fact happened, or Which show the relation of parties by whom any such fact was
transacted, are relevant in so far as they are necessary for that purpose.
Illustrations
(a) The question is, whether a given document is the will of A.
The state of A's property and of his family at the date of the alleged with may be relevant
facts.
(b) A sues B for a libel imputing disgraceful conduct to A, B affirms that the matter alleged
to be libellous is true.
The position and relations of the parties at the time when the libel was published may be
relevant facts as introductory to the facts in issue.
The particulars of a dispute between A and B about a matter unconnected with the alleged
libel are irrelevant, though the fact that there was a dispute may be relevant if it affected
the relations between A and B.
(c) A is accused of a crime.
The fact that soon after the commission of the crime, A absconded from his house. Is
relevant under Article 21, as conduct subsequent to and affected by facts in issue.
The fact that at the time when he left home he had sudden and urgent business at the
place to which he went is relevant, as tending to explain the fact that he left home
suddenly.
The details of the business on which he left are not relevant, except in so far as they are
necessary to show that the business was sudden and urgent.
(d) A sues B for inducing C to break a contract of service made by him with A. C, on
leaving A's service, says to A "I am leaving you because B has made me a better offer.".
This statement is e relevant fact as explanatory of C's conduct, which is relevant as a fact
in issue.
(e) A, accused of theft, is seen to give the stolen property to A, who is seen to give it to A's
wife. B says, as he delivers it": "A says you are to hide this." B's statement Is relevant as
explanatory of a fact which is part of the transaction.
(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the
mob are relevant as explanatory of the nature of the transaction.
23. Things said or done by conspirator in reference to common design: Where there
is reasonable ground to believe that two or more persons have conspired together to
commit an offence or an actionable wrong anything said, done or written by any one of
such persons in reference to their common intention, after the time when such intention
was first entertained by any one of them, is a relevant fact as against each of the persons
believed to be so conspiring, as well for the purpose of proving the existence of the
conspiracy, as for the purpose of showing that any such person was a party to it.
Illustrations
Reasonable ground exists for believing that A has joined in a conspiracy to wage war
against Pakistan.
The facts that C procured arms in Europe for the purpose of the conspiracy, C collected
money in Peshawar for a like object. D persuaded persons to join the conspiracy in
Karachi. E published writings advocating the object in view at Multan and F transmitted
from Lahore to G at Kabul the money which C had collected at Peshawar and contents of
a letter written by H giving an account of the conspiracy are each relevant, both to prove
the existence of the conspiracy, and to prove A's complicity in it, although he may have
been ignorant of all of them, and although the persons by whom they were done were
strangers to him and although they may have been taken place before he Joined the
conspiracy or after he left it.
24. When facts not otherwise relevant become relevant: Facts not otherwise relevant
are relevant—
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or nonexistence
of any tacit m issue or relevant fact highly probable or improbable.
Illustrations
(a) The question it, whether A committed a crime at Peshawar on a certain day.
The fact that, on that day, A was at Lahore is relevant
The fact that, near the time when the crime was committed. A was at a distance from the
place where it was committed, which would render it highly improbable, though not
impossible, that he committed it is relevant
(b) The question is, whether A committed a crime,
The circumstances are such that the crime must have been committed either by,^ B. C or
D. Every fact which shows that the crime .could have been committed by no one else and
that it was not committed by either B, C or D, is relevant.
25. In suits for damages facts tending to enable Court to determine amount are
relevant: In suits in which damages are claimed, any fact which will enable the Court to
determine the amount of damages which ought to be awarded, is relevant.
26. Facts relevant when right or custom is in question: Where the question is as to the
existence of any right or custom, the following facts are relevant: —
(a) any transaction by which the right or custom in question was created, claimed,
modified, recognized, asserted or denied, or which was inconsistent with its existence ;
(b) particular instances in which the right or custom, was claimed, recognized or
exercised, or in which its exercise was disputed, asserted or departed from.
Illustrations
The question is whether A has a right to a fishery. A deed conferring the fishery on A's
ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's
father, irreconcilable with mortgage, particular instances in which A's father exercised the
right, or in which the exercise of the right was stopped by A's neighbours are relevant
facts.
27. Facts showing existence of state of mind, or of body, or bodily feeling: Facts
showing the existence of any state of mind, such as intention, knowledge, good faith,
negligence, rashness, ill-will or good-will towards any particular person, or showing the
existence of any state of body or bodily feeling, are relevant, when the existence of any
such state of mind or body or bodily feeling is in issue or relevant.
Explanation 1: A fact relevant as showing the existence of a relevant state of mind must
show that the state of mind exists, not generally, but in reference to the particular matter in
question.
Explanation 2: But where, upon the trial of a person accused of an offence,. the previous
commission by the accused of an offence is relevant within the meaning of this Article, the
previous conviction of such person shall also be a relevant fact.
Illustrations
(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he
was in possession of a particular stolen article.
The fact that, at the same time, he was in possession of many other stolen articles Is
relevant, as tending to show that he know each and all of the articles of which he was in
possession to be stolen.
(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at
the time when he delivered it he knew to be counterfeit.
The fact that at the time of its delivery, A was possessed of a number of other pieces of
counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to another person as genuine
a counterfeit coin knowing it to be counterfeit is relevant.
(c) A sues B for damage done by a dog of B's which B knew to be ferocious.
The facts that the dog had previously bitten X, Y and Z, and that they had made
complaints to B are relevant.
(d) The question is whether A, the acceptor of a bill of exchange, knew that the name of
the payee was fictitious.
The fact that A had accepted other bills drawn in the same manner before they could have
been transmitted to him by the payee if the payee had been a real person, is relevant as
showing that A knew that the payee was a fictitious person.
(e) A is accused of defaming B by publishing an imputation intend to harm the reputation
of B.
The fact of previous publications by A respecting B, showing ill-will on the part of A
towards B is relevant, as proving A's intention to harm B's reputation by the particular
publication in question.
The facts that there was no previous quarrel between A and B, and that A repeated the
matter complained of as he heard it, are relevant, as showing that A did not intend to harm
the reputation of B.
(f) A is sued by B for fraudulently representing to B that C, was solvent whereby B, being
induced to trust C, who was insolvent, suffered loss.
The fact that at the time when A represented C to be solvent, C was supposed to be
solvent by his neighbours and by persona dealing with him, is relevant, as showing that A
made the representation in good faith.
(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by
the order of C. a contractor.
A's defence is that B's contract was with C.
The fact that A paid C for the work in question is relevant, as proving that A did, in good,
faith, make over to C the management of the work in question, so that C was in a position
to contract with B on C's own account, and not as agent for A.
(h) A is accused of the dishonest misappropriation of properly which he had found, and
the question is whether, when he appropriated it, he behaved in good faith that the real
owner could not be found.
The fact that public notice of the loss of the property had been given in the place where A
was, is relevant, as showing that A did not in good faith believe that the real owner of the
property could not be found.
The fact that A knew, or had reason to believe, that the notice was given fraudulently by
C. who had heard of the loss of the property and wished to set up a false claim to it. Is
relevant, as showing that the fact that A knew of the notice did not disprove A's good faith.
(i) A is charged with shooting at B with intent to kill him. In order to show A's intent the fact
of A's having previously shot at B may be proved.
(j) A is charged with sending threatening letters to B. Threatening letters previously sent
by A to B may be proved, as showing the intention of the letters.
(k) The question is, whether A has been guilty of cruelty towards B, his wife.
Expressions of their feeling towards each other shortly before or after the alleged cruelty
are relevant facts.
(l) The question is whether A's death was caused by poison. Statements made by A
during his illness as to his symptoms are relevant facts.
(m) The question is, what was the state of A's health at the time an assurance on his life
was affected.
Statements made by A as to the state of his health at or near the time in question are
relevant facts.
(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for
use. Whereby A was injured.
The fact that B's attention was drawn on other occasions to the defect of that particular
carriage Is relevant.
The fact that B was habitually negligent about the carriages, which he let to hire, is
irrelevant.
(o) A is tried for the murder of B by intentionally shooting him dead.
The fact that A on other occasions shot at B is relevant as showing his intention to shoot
B.
The fact that A was in the habit of shooting at people with Intent to murder them is
irrelevant.
(p) A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is
relevant.
The fact that he said something indicating a general disposition to commit crimes of that
class is irrelevant.
28. Facts bearing on question whether act was accidental or intentional: When there
is a question whether an act was accidental or intentional, or done with a particular
knowledge or intention, the fact that such act formed part of a series or similar occurrence;
in each of which the person doing the act was concerned, is relevant.
Illustrations
(a). A is accused of burning down his house in order to obtain money for which it is
insured.
The facts that A lived in several houses successively each of which he insured, in each of
which a fire occurred, and after each of which fires A received payment from different
insurance officers, are relevant, as tending to show that the fires were not accidental.
(b) A is employed to receive money from the debtors of B. It is A's duty to make entries in
a book showing the amounts received by him. He makes an entry showing that on a
particular occasion he received less than he really did receive.
The question is whether this false entry was accidental or intentional.
The facts that other entries made by A in the same book are false, and that the false entry
is in each case in favour of A, are relevant.
(c) A is accused of fraudulently delivering to B a counterfeit rupee. The question is,
whether the delivery of the rupee was accidental.
The facts that soon before or soon after the delivery to B, A delivered counterfeit rupees to
C, 0 and E are relevant as showing that the delivery to B was not accidental.
29. Existence of course of business when relevant: When there is a question whether
a particular act was done, the existence of any course of business, according to which it
naturally would have been done, is a relevant fact.
Illustrations
(a) The question is whether a particular letter was despatched.
The fact that it was the ordinary course of business for all letters put in a certain place to
be carried to the post, and that particular letter was put in that place are relevant.
(A) The question is, whether a particular letter reached A.
The facts that it was posted in due course, and was not returned through the Dead Letter
Office, are relevant,
ADMISSIONS
30. Admission defined: An admission is a statement, oral or documentary which
suggests any inference as to any fact in issue or relevant fact, and which is made by any
of the persons and under the circumstances, hereinafter mentioned.
31: Admission by party to proceeding or his agent, etc: Statements made toy a party
to the proceeding, or by an agent to any such party, whom the Court regards, under the
circumstances of the case, as expressly or impliedly authorized by him to make them, are
admissions.
(2) Statements made by parties to suits suing or sued in a representative character, are
not admissions, unless they were made while the party making them held that character.
(3) Statements made by-
(a) persons who have any proprietary or pecuniary interest in the subject matter of the
proceeding, and who make the statement in their character of persons so interest-
(b) persons from whom the parties to the suit have derived their interest in the subjectmatter
of the suit,
are admissions if they are made during the continuance of the interest of the persons
making the statements.
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 the suit, are admissions, if such statements would be relevant as against such
persons in relation to such position or liability in a suit brought by pr against them, and if
they are made whilst the person making them occupies such position or is subject to such
liability.
Illustrations
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B. .
A statement by C that he owed B rent is an admission, and is relevant fact as against A, if
A denies that C did owe rent to B.
33. Admission by persons expressly referred to by party to suit: Statements made by
persons to whom a party to the suit has expressly referred for information in reference to
matter in dispute are admission.
Illustrations
The question is, whether a horse sold by A to B is sound.
A says to B: "Go and ask C, C knows all about it." C's statement is an admission.
34. Proof of admissions against persons making them and by or on this behalf:
Admissions are relevant and may be proved as against the person who makes them or his
representative-in-interest; but they cannot be proved by or oh behalf of the person who
makes them or by his representative in-interest, except in the following cases: —
(1) An admission may be proved by or on behalf of the person making it, when it is of such
a nature that if the person making it were dead, it would be relevant as between third
persons under Article 46.
(2) An admission may be proved by or on behalf of the person making it, when it consist of
a statement of the existence of any state of mind or body, relevant or in issue, made at or
about the time when such state of mind or body existed, and is accompanied by conduct
rendering its falsehood improbable.
(3) An admission may be proved by or on behalf of the person making it, if it is relevant
otherwise than as an admission.
Illustrations
(a) The question between A and B is, whether a certain deed or is not forged. A affirms
that it is genuine, B that it is forged.
A may prove a statement of B that the deed is genuine, and B may prove a statement by
A that the deed is forged ; but A cannot prove a statement by himself that the deed is
genuine, nor can B prove a statement by himself that the deed Is forged.
(b) A, the captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out of her proper course.
A produces a book kept by him in the ordinary course of his business showing
observations alleged to have been taken by him from day to day and indicating that the
ship was not taken out of her proper her proper course. A may prove these statements,
because they would be admissible between third parties, if he were dead under Article 46
paragraph (2)
(c) A is accused of a crime committed by him at Peshawar.
He produces a letter written by him and dated at Lahore on that day, and bearing the
Lahore post-marks of that day.
The statement in the date of the letter is admissible, because if a were dead, it would be
admissible under Article 46, paragraph (2).
(d) A is accused of receiving stolen goods known them to be stolen.
He offers to prove that he refused to sell them below their value.
A may prove this statement, though they are admissible because they are explainatory of
conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit coin which he knows
to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin as he doubted
whether it was counterfeit or not and that that person did examine it and told him it was
genuine.
A may prove these facts for the reasons stated in the last preceding Illustration.
35. When oral admissions as to contents of documents are relevant: Oral admissions
as to the contents of a document are not relevant unless and until the party proposing to
prove them shows that he is entitled to give secondary evidence of the contents of such
document under the miles hereinafter contained, or unless the genuineness of a
document produced is in question.
36. Admissions in civil cases, when relevant: In civil cases no admission is relevant if it
is made either upon an express condition that evidence of it is not to be given, or under
circumstances from which the Court can infer that the parties agreed together that
evidence of it should not be given.
Explanation: Nothing in this Article shall be taken to exempt any advocate from giving
evidence of any matter which he may be compelled to give evidence under Article 9.
37. Confession caused by inducement, threat or promise, when irrelevant in
criminal proceeding: A confession made by an accused person is irrelevant in a criminal
proceeding, if the making of the confession appears to the Court to have been caused by
any inducement, threat or promise having reference to the charge against the accused
person, proceeding from a person in authority and sufficient, in the opinion of the Court, to
give the accused person grounds which would appear to him reasonable, for supposing
that by making it he would gain any advantage or avoid any evil of a temporal nature in
reference to the proceedings against him.
38. Confession to police officer not to be proved: No confession made to a police
officer shall be proved as against a person accused of any offence.
39. Confession by accused while in custody of police not to be proved against him:
Subject to Article 10, no confession made by any person whilst he is in the custody of a
police officer, unless it be made in the immediate presence of a Magistrate, shall be
proved as against person.
Explanation: In this Article, "Magistrate" does not include the head of a village discharging
magisterial function unless such headman is a Magistrate exercising the powers of a
Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898).
40. How much of information received from accused may be proved: When any fact
is deposed to as discovered in consequence of information received from a person
accused of any offence, in the custody of a police-officer, so much of such information,
whether it amounts to a confession or not, as relates distinctly to the fact thereby
discovered, may be proved.
41. Confession made after removal of impression caused by inducement, threat or
promise, relevant: such a confession as is referred to in Article 37 is made after the
impression caused by any such inducement, threat or promise has, in the opinion of the
Court, been fully removed, it is relevant.
42. Confession otherwise relevant not to become irrelevant because of promise of
secrecy, etc.: If such confession is otherwise relevant, it does not become irrelevant
merely because it was made under a promise of secrecy, or in consequence of a
deception practised on the accused person for the purpose of obtaining it, or when he was
drunk, or because it was made in answer to Questions when he need not have answered,
whatever may have been the form of those questions, or because he was not warned that
he was not bound to make such confession, and that evidence of it might be given against
him : .
Provided that the provisions of this Article shall not apply to the trial of cases under the
laws relating to the enforcement of Hudood.
43. Consideration of proved confession affecting person making it and others
jointly under trial for same offence: When more persons than one are being tried jointly
for the same offence and a confession made by one of such persons is proved,-
(a) such confession shall be proof against the person , making it and;
(b) the Court may take into consideration such confession as circumstantial evidence
against such other person.
Explanation: "Offence'” as used in this Article, includes the abetment of or attempt to
commit the offence.
44. Accused persons to be liable to cross-examination: All accused persons, including
an accomplice, shall be liable to cross-examination.
Illustrations
(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and I murdered
C". The Court may consider the effect of this confession against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by
A and B and that B said: "A and I murdered C".
This statement may not be taken into consideration by the Court against A, as B is not
being jointly tried.
45. Admission not conclusive proof but may estop : Admissions are not conclusive
proof of the matters admitted but they may operate as estoppels under the provisions
hereinafter contained.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS
WITNESSES
46. Cases in which statement of relevant fact by person who is dead or cannot be
found, etc., is relevant: Statements, written or verbal, of relevant facts made by a person
who is dead, or who cannot, be found, or, who has become incapable of giving evidence,
or whose attendance can not be procured without an amount of delay or expense which
under the circumstances of the case appears to the Court unreasonable, are themselves
relevant facts in the following cases:
(1) When it relates to cause of death: When the statement is made by a person as to
the cause of his death, or as to any of the circumstances of the transaction which resulted
in his death, in cases in which the cause of that person's death comes into question. Such
statements are relevant whether the person who made them was or was not, at the time
when they were made, under expectation of death, and whatever may be the nature of the
proceeding in which cause of his death comes into question.
(2) Or is made in course of business: When the statement is made by such person in
the ordinary course of business, and in particular when it consists of any entry or
memorandum made by him in books kept in the ordinary course of business.. or in the
discharge of professional duty; or of an acknowledgment Written or signed by him of the
receipt of money, goods, securities or property of any kind ; or of a document used in
commerce written or signed by him ; or of the date of a letter or other document usually
dated, written or signed by him.
(3) Or against interest of maker: When the statement is against the pecuniary or
proprietary interest of the person making it, or when. if true, it would expose or would have
exposed him to a criminal prosecution or to a suit for damages,
(4) Or gives opinion as to public right or customs or matters of general interest :
When the statement gives the opinion of any such person, as to the existence of any
public right or custom or matter of public or general interest, of the existence, of which it
existed, he would have been likely to be aware, and when such statement was made
before any controversy as to such right, custom or matter has arisen.
(5) Or relates to existence of relationship: When the statement relates to the existence
of any relationship by blood, marriage or adoption between persons as to whose
relationship by blood marriage or adoption the person making the statement had special
means of knowledge, and when the statement was made before question in dispute was
raised.
(6) Or is made in will or deed relating to family affairs: When the statement relates to
the existence of any relationship by blood, marriage or adoption between persons
deceased, and is made in any will or deed relating to the affairs of the family to which any
such deceased person belonged, of in any family pedigree, or upon any tombstone, family
portrait or other things on which such statements are usually made and when such
statement was made before the question in dispute was raised.
(7) Or In document relating to transaction mentioned in Article 26, paragraph (a):
When the statement is contained in any deed, will or other document which relates to any
such transaction as is mentioned in Article 26, paragraph (a).
(8) Or is made by several persons and expresses feelings relevant to matter in
question: When the statement was made by a number of parsons, and expressed
feelings or impressions on their part relevant to the matter in question;
Illustrations
(a) The question is, whether A was murdered by B, or A dies of Injuries received in a
transaction in the course of which she was ravished. The question is, whether she was
ravished by B, or
The question is, whether A was killed by B under such circumstances that a suit would lie
against B by A's widow.
Statements made by A as to the cause of his or her death, referring respectively to the
murder, the rape and the actionable wrong under consideration are relevant facts,
(b) The question is as to the date of A's birth.
An entry in the diary of a deceased surgeon regularly kept in the course of business
stating that on a given day, he attended A's mother and delivered her of a son, is a
relevant fact.
(c) The question is, whether A was in Peshawar on a given day.
A statement in the diary of a deceased solicitor, regularly kept in the course of business,
that on a given day the solicitor attended A at a place mentioned, in Peshawar, for the
purpose, of conferring with him upon specified business, is a relevant fact.
(d) The question is whether a ship sailed from Karachi harbour on a given day.
A letter written by a deceased member of a merchant's firm by which she was chartered to
their correspondents in London, to whom the cargo was consigned, stating that the ship
sailed on a given day from Karachi harbour is a relevant fact.
(e) The question is whether rent was paid to A for certain land.
A letter from A's deceased agent to A saying that he had received the rent on A's
account and held it at A's order, is a relevant fact.
(f) The question is, whether A end B were legally married,
The statement of a deceased clergyman that he married them under such circumstances,
that the celebration would be a crime is relevant.
(g) The question is whether A, a person who cannot be found, wrote a letter on a certain
day. The fact that a letter written by him is dated on that day is relevant.
(h) The question is, what was the cause of the wreck of a ship.
A protest made by the Captain, whose attendance cannot be procured is a relevant fact.
(i) The question is, whether a given road is a public way.
A statement by A, a deceased headman of the village, that the road was public, is a
relevant fact.
(j) The question is, what was the price of grain on a certain day in a particular market. A
statement of the price, made by a deceased, banya in the ordinary course of his business,
is a relevant fact.
(k) The question is whether A, who is dead, was the father of B.
A statement by A that B was his son is a relevant fact.
(l) The question is, what was the date of the birth of A.
A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a
relevant fact.
(m) The question is, whether and when, A and B were married.
An entry in a memorandum-book by C, the deceased father of B, of his daughter's
marriage with A on a given date, is a relevant fact.
(n) A sues B for a libel expressed in a painted caricature expose in a shop window. The
question is as to the similarity of the caricature and its libellous character. The remarks on
a crowd of spectators on these points may be proved.
47. Relevancy of certain evidence for proving, in subsequent proceeding, the truth
of facts therein stated: Evidence given by a witness in a judicial proceeding or before
any person authorised by law to take it, is relevant for the; purpose of proving, in a
subsequent judicial, proceeding or in a later stage of the same judicial proceeding, the
truth of the facts which it states, when the witness is dead or cannot be found, or is
incapable of giving evidence, or is kept out of the way by the adverse party, or if his
presence cannot be obtained without an amount of delay or expense which, under the
circumstances of the case, the Court considers unreasonable
Provided that—
the proceeding was between the same parties or their representatives-in-interest;
the adverse party in the first proceeding had the right and opportunity to cross-examine ;
the questions in issue were substantially the same in the first as in the second proceeding.
Explanation: A criminal trial or inquiry shall be deemed to be a proceeding between the
prosecutor and the accused within the meaning of this Article.
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
48. Entries in books of account when relevant: Entries in books of accounts 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, to
charge-any person with liability.
Illustrations
A sues B for Rs. 1,000, and dhows entries in his account books showing B to be indebted
to him to this amount The entries are relevant, but are not sufficient without other
evidence, to prove the debt.
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 specialty enjoined by the law of the country in which such book,
register or record is kept, is itself a relevant fact.
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.
51. Relevancy of statements as to fact 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.
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
53. What evidence to be given when statement forms part of a conversation,
document, book or series of letters or 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 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.
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
54. Previous Judgments relevant to bar a second suit or trial: The existence of any
judgment, order or decree which by taw prevents any Court from taking cognisance of a
suit or holding a trial, is a relevant fact when the question is whether such Court ought to
take cognisance of such suit or to hold such trial.
55. Relevancy of certain judgments in probate etc., jurisdiction: A final judgment,
order on decree of a competent Court in the exercise of probate matrimonial admiralty or
insolvency jurisdiction, which confers upon or takes away from any person any legal
character, or which declares any person to be entitled to any such character, or to be
entitled to any specific thing, not as against any specified person but absolutely, is
relevant when the existence of any such Legal character, or the title of any such person to
any such thing, is relevant.
Such judgment, order or decree is conclusive proof—
that any legal character which it confers accused, at the time when such judgment, order
or decree came into operation ;
that any legal character, to which it declares any such person to be entitled, accrued to
that parson at the time when such Judgment, order or decree declares it to have accused
to that person;
that any legal character which It takes away from any such person ceased at the time from
which such judgment, order or decree declared that it had ceased or should cease;
and that anything to which it declares any person to be so entitled was the property of that
person at the tune from which such judgment, order or decree declares that it had been or
should be his property.
56. Relevancy and effect of judgments, orders or decrees, other than those
mentioned in Article 55: Judgments, orders, or decrees other than those mentioned m
Article 55 are relevant if they relate to matters of, a public nature relevant to the enquiry ;
but such judgments, orders or decrees are not conclusive proof of that which they state.
Illustrations
A sues B for trespass or his land, B alleges tile existence of a public right of way over the
land, which A denies.
The existence of a decree in favour of the defendant, in a suit by A against C for a
trespass on the same land in which C alleged the existence of the same right of way, is
relevant, but it Is not conclusive proof that the right of way exists.
57. Judgments, etc., other than those mentioned in Articles 54 to 56, when relevant:
Judgments, orders or decrees, other than those mentioned in Articles 54, 55 and 56 are
irrelevant, unless the existence of such judgment order or decree is a fact in issue or is
relevant under some other provision of this Order.
Illustrations
(a) A and B separately sue C for a libel which reflects upon each of them, C in each case
says that the matter alleged to be libellous is true, and the circumstances are such that it
Is probably true In each case, or in neither.
A obtains a decree against C for damages oh the ground that C failed to make out his
justification, the Tact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A's wife.
B denies that C is A's wife but the Cowl convict B of adultery
Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she
never was A's wife.
The judgment against B is irrelevant as against C,
© A prosecutes B for stealing a cow from him, B Is convicted A afterwards sues C for the
cow which B had sold to him before his conviction. As between A and C. the judgment
against B is irrelevant.
(d) A has obtained a decree for the possession of land against B. C, B's son, murders A in
consequence.
The existence of the judgment is relevant, as showing motive for a crime.
(e) A is charged with theft and with having been previously convicted of theft. The
previous conviction is relevant as a fact in issue.
(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was
convicted and sentenced, is relevant and under Article 21 as showing the motive for the
fact in issue.
58. Fraud or collusion in obtaining judgment, or incompetence of court may be
proved: Any party to a suit or other proceeding may show that any judgment, order or
decree which is relevant under Articles 54, 55 or 56, and which has bean proved by the
adverse party, was delivered by a Court not competent to deliver it, or was obtained by
fraud or collusion.
OPINION OF THIRD PERSONS WHEN RELEVANT
59. Opinions of experts: When the Court has to form an opinion upon a point of foreign
law, or of science/or art, or as to identity Of hand-writing or finger impressions; the
opinions upon that point of persons specially skilled in such foreign law science or art, or
in questions as to identity of hand-writing or finger impressions-are relevant facts.
Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison The opinion of experts
as to the symptoms produced by the poisoned which A is supposed to have died, are
relevant.
(6) The question is, whether A, at the time of doing a certain act, was by reason of
unsoundness of mind, incapable of knowing the nature of the apt, or that he was doing
what was either wrong or contrary to law.
Thee opinions of experts upon the question whether the symptoms exhibited by A
commonly show unsoundness of mind, and whether such unsoundness of mind usually
renders persons incapable of knowing the nature of the acts which they do, or of knowing
that what they do either wrong or contrary to law are relevant.
(c) The question is whether a certain document was written by A, Another document is
produced which is proved or admitted to have been written by A.
The opinions of experts on the question whether the two documents were written by the
same person or by different persons are relevant.
60. Facts bearing upon opinions of experts: Facts not otherwise relevant, are relevant
if they support or are inconsistent with the opinions of experts, when such opinion are
relevant.
Illustrations
(a) The question is, whether A was poisoned by a certain poison The fact that other
persons, who were poisoned by that poison, exhibited certain symptoms which experts
affirm or deny to be the symptoms that poison, is relevant.
(b) The question is, whether an obstruction to a harbour is caused by a certain sea wall.
The fact that other harbours similarly situated in other respects, but where there were no
such sea-walls, began to be obstructed at about the same time, is relevant.
61. Opinion as to hand-writing when relevant: When the Court has to form an opinion
as to the person by whom any document was written or signed, the opinion of any parson
acquainted with the hand-writing of the person by whom it is supposed to be written or
signed that it was or it was not written or signed by that person, is relevant fact.
Explanation: A person is said to be acquainted with the hand-writing of another person
when he has seen that person write, or when he has received documents purporting to be
written by that person in answer to documents written by himself or under his authority
and addressed to that person, or when, in the ordinary course of business, documents
purporting to be written by that person have been habitually submitted to him. -.
Illustrations
The question is whether a given letter is m the handwriting of A, a merchant in London.
B is a merchant in Peshawar, who has written letters addressed to A and received letters
purporting to be written by him, C is B's clerk, whose duty it was to examine and file B’s
correspondence. D is B's broker, to whom B habitually submitted the letters purporting to
be written by A for the purpose of advising him thereon. '
The opinion of B, C and D on the question whether the letter is in the handwriting of A are
relevant though neither B, C or D ever saw A write.
62. Opinion as to existent 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, as to the
existence of such custom or right, of persons who would be likely to know of its existence
if it existed, are relevant.
Explanation: the expression "general custom or right" includes customs or rights common
to any considerable class of persons.
Illustrations
The right of the villagers of a particular village to use the water of a particular well is a
general right within the meaning of this Article.
63. Opinion as to usages, tenets, etc., when relevant: When the Court has to form an
opinion as to—
the usages and tenets of any body of man or family,
the constitution and government of any religious or charitable foundation, or
the meaning of words or terms used in particular districts or by particular classes of
people,
the opinions of persons haying special means of knowledge thereon, are relevant facts.
64. Opinion on relationship when relevant: When the Court has to form an opinion as
to the relationship of one person to another, the opinion, expressed by conduct, as to the
existence .of such relationship, of any person who, as a member of the family or
otherwise, has special means of knowledge on the subject, is a relevant fact:
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under
the Divorce Act 1869 (IV of 1869), or in prosecutions under Section 494 or 495 of the
Pakistan Penal Code (Act XIV of 1860).
Illustrations
(a) The question is whether A and B were married.
The fact they were usually received and treated by their friends as husband and wife, it
relevant.
(b) The question is, whether A was the legitimate son of B. The fact that A was always
treated as such by members of the family is relevant.
65. Grounds of opinion when relevant: Whenever the opinion of any living person is
relevant, the grounds on which such opinion is based are also relevant.
Illustrations
An expert may give an account of experiments performed by him for the purpose of
forming his opinion.
CHARACTER WHEN RELEVANT
66. In civil cases character to prove conduct imputed irrelevant: In civil cases the fact
that the character of any person concerned is such as to render probable or improbable
any conduct imputed to him is irrelevant, except in so far as such character appears from
facts otherwise relevant.
67. In criminal cases previous good character relevant: In criminal proceedings the
fact that the person accused is of a good character is relevant.
68. Previous bad character not relevant, except in reply: In criminal proceedings the
fact that the accused person has a bad character is irrelevant, unless evidence has been
given that he has a good character, in which case it become relevant.
Explanation 1: This Article does not apply to cases in which the bad character of any
person is itself a fact in issue.
Explanation 2: A previous conviction is relevant as evidence of bad character.
69. Character as affecting damages: In civil cases the fact that the character of any
person is such as to affect the amount of damages, which he ought to receive, is relevant.
Explanation: In Articles 66, 67, 68 and 69, the word "character" includes both reputation
and disposition; but except as provided in Article 68, evidence may be given only of
general reputation and general disposition, and not of particular acts by which reputation
or disposition were shown.
CHAPTER IV
OF ORAL EVIDENCE
70. Proof of facts by oral evidence: All facts, except the contents of documents, may be
proved by oral evidence.
71. Oral evidence must be direct: Oral evidence must, in all cases whatever be direct,
that is to say—
If it refers to a fact, which could be seen, it must be the evidence of a witness who says he
saw it;
If it refers to a fact, which could be heard, it must be the evidence of a witness who says
he heard it;
If it refers to a fact, which could be perceived by any other sense or in any other manner, it
must be the evidence of a witness who says he perceived it by that sense or in that
manner;
If it refers to an opinion or to the grounds on which that opinion is held, it must be the
evidence of the person who holds that opinion on those grounds:
Provided that the opinions of experts expressed in any treaties commonly offered for sale
and the grounds on which such opinions are held, maybe proved by the production of
such treaties if the author is dead, or cannot be found, or has become incapable of giving
evidence, or cannot be called as a witness without an amount of delay or expense which
the Court regards as unreasonable:
Provided further that, if oral evidence refers to the existence or condition of any material
thing other than a document, the Court may, if it thinks fit, require the production of such
material thing for its inspection:
Provided further that, if a witness is dead, or can not be found or has become incapable of
giving evidence, or his attendance cannot be procured without an amount of delay or
expense which under the circumstances of the case the Court regards as unreasonable, a
party shall have the right to produce, “shahada ala al-shahadah” by which a witness can
appoint two witnesses to depose on his behalf, except in the case of Hudood.
CHAPTER V
OF DOCUMENTARY EVIDENCE
72. Proof of contents of documents: The contents of documents may be proved either
by primary or by secondary evidence.
73. Primary evidence: "Primary evidence" means the document itself produced for the
inspection of the Court.
Explanation 1: Where a document is executed in several parts, each part is primary
evidence of the document.
Where a document is executed in counterpart, each counterpart being executed by one or
some of the parties only, counterpart is primary evidence as against the parties executing
it.
Explanation 2: Where a number of documents are all made by one uniform process, as in
the case of printing, Lithography or photography, each is primary evidence of the contents
of the rest; but where they are all copies of a common original they are not primary
evidence of the contents of the original
Illustrations
A person is shown to have been in possession of a number of placards, all printed at one
time from one original. Any one of the placards is primary evidence of the contents of any
other, but no one of them is primary evidence of the contents of the original.
74. Secondary evidence: "Secondary evidence means and includes—
(1) certified copies given under the provisions hereinafter contained ;
(2) copies made from the original by mechanical process which is themselves insure the
accuracy of the copy, and copies compared with such copies ;
(3) copies made from or compared with the original.
(4) counterparts of documents as against the parties who did not execute them ;
(5) oral accounts of the contents of a document given by some person who has himself
seen it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents though the two have
not been compared if it is proved that the thing photographed was the original.
(b) A copy, compared with a copy of a letter made by a copying machine is secondary
evidence of the contents of the letter, if it is shown that the copy made by the copying
machine was made from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is
secondary evidence; but the copy not so compared is not secondary evidence of the
original, although the copy from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor
an oral account of a photograph or machine-copy of the original, is secondary evidence of
the original.
75. Proof of documents by primary evidence: Documents must be proved by primary
evidence except in the cases hereinafter mentioned.
76. Cases in which secondary evidence relating to documents may be given:
Secondary evidence may be given of the existence, condition or contents of a document
in the following cases: —
(a) when the original is shown or appears to be in the possession or power of the person
against whom the document is sought to be proved, or of any person out of reach of, or
not subject to, the process of the Court, or of any person legally bound to produce it, and
when after the notice mentioned in Article 77 such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be
admitted in writing by the person against whom it is proved or by his representative-ininterest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its
contents cannot, for any other reason not arising from his own default or neglect, produce
it in reasonable time ;
(d) when, due to the volume or bulk of the original, copies thereof have been made by
means of microfilming or other modern devices ;
(e) when the original is of such a nature as not to be easily movable ;
(f) when the original is public document within the meaning of Article 85 ;
(g) when the original is a document of which a certified copy is permitted by this Order, or
by any other law in force in Pakistan, to be given in evidence ;
(h) when the originals consist of numerous accounts or other documents which cannot
conveniently be examined in Court, and the fact to be proved is the general result of the
whole collection ;
(i) when an original document forming part of a judicial record is not available and only a
certified copy thereof is available, certified copy of that certified copy shall also be
admissible as a secondary evidence.
In cases (a), (c), (d) and (e), any secondary evidence of the contents of the document is
admissible.
In case (b), the written admission is admissible.
In case (f) or (g), certified copy of the document, but no other kind of secondary evidence,
is admissible.
In case (h), evidence may be given as to the general result of the documents by any
person who has examined them and who is skilled in the examination of such document.
77. Rules as to notice to produce: Secondary evidence of the contents of the
documents referred to in Article 76, paragraph (a), shall not be given unless the party
proposing to give such secondary evidence has previously given to the party in whose
possession or power the document is, or to his advocate, such notice to produce it as is
prescribed by Law and, if no notice is prescribed by law, then such notice as the Court
considers reasonable under the circumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence
admissible in any of the following cases, or in any other ease in which the Court thinks fit
to dispense with it: —
(1) when the document to be proved is itself a notice ;
(2) when, from the nature of the case, the adverse party must know that he will be
required to produce it;
(3) when it appears or is proved that the adverse party has obtained possession of the
original by fraud or force ;
(4) when the adverse party or his agent has the original in Court ;
(5) when the adverse party or his agent has admitted the loss of the document ;
(6) when the person in possession of the document is out of reach of, or not subject to, the
process of the Court.
78. Proof of signature and handwriting of person alleged to have signed or written
document produced: If a document is alleged to be signed or to have been written
wholly or in part by any person, the signature or the handwriting of so much of the
document as is alleged to be in that person's handwriting must be proved to be in his
handwriting.
79. Proof of execution of document required by law to be attested: If a document is
required by law to be attested, it shall not be used as evidence until two attesting
witnesses ot least have been called for the purpose of proving its execution, if there be
two attesting witnesses alive, and subject to the process of the Court and capable of given
Evidence.
Provided that it shall not be necessary to call an attesting witness in proof of the execution
of any document, not being a will, which has been registered in accordance with the
provisions of the Registration Act, 1908 (XVI of 1908), unless its execution by the person
by whom it purports to have been executed is specifically denied.
80. Proof where no attesting witness found: If no such attesting witness can be found,
it must be proved that the witnesses have either died or cannot be found and that the
document was executed by the person who purports to have done so.
81. Admission of execution by party to attested document: The admission of a party
to an attested document of its execution by himself shall be sufficient proof of its execution
as against him, though it be a document required by law to be attested.
82. Proof when attesting witness denies the execution: If the attesting witness denies
or does not, recollect the execution of the document, its execution may be proved by other
evidence.
83. Proof of document not required by law to be attested: An attested document not
required by law to be attested may be proved as if it was unattested.
84. Comparison of signature, writing or seal with others admitted or proved: (1) In
order to ascertain whether a signature, writing or seal is that of the person by whom it
purports to have been written or made any signature writing or seal admitted or proved to
the satisfaction of the Court to have been written or made by that person may be
compared with the one which is to be proved, although that signature, writing or seal has
not been produced or proved for any other purpose.
(2) The Court may direct any person present in Court to write any words or figures for the
purpose of enabling the Court to compare the words or figures so written with any words
or figures alleged to have been written by such person.
(3) This Article applies also, with any necessary modifications, to finger-impressions.
85. Public documents: The following documents are public documents: —
(1) documents forming the acts or records of the acts :
(i) of the sovereign authority ;
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, Judicial and executive of any part of Pakistan or of a
foreign country.
(2) public records kept in Pakistan of private documents.
(3) documents forming part of the records of judicial proceedings ;
(4) documents required to be maintained by a public servant under any law ; and
(5) registered documents the execution whereof is not disputed.
86. Private documents: All other documents are private.
87. Certified copies of public documents: Every public officer having the custody of a
public document, which any person has a right to inspect, shall give that person on
demand a copy of it on payment of the legal fees therefore, together with a certificate
written at the foot of such copy that it is a true copy of such document or part thereof, as
the case may be, and such certificate shall be dated and subscribed by such officer with
his name and his official title, and shall be sealed, whenever such officer is authorized by
law to make use of a seal, and such copies so certified shall be called certified copies.
Explanation: Any officer, who, by the ordinary course of official duty, is authorized to
deliver such copies, shall be deemed to have the custody of such documents within the
meaning of this Article.
88. Proof of documents by production of certified Copies: Such certified copies may
be produced in proof of the contents of the public documents or parts of the public
documents of which they purport to be copies.
89. Proof of other public documents: The following public documents may be proved as
follows: —
(1) Acts orders or notifications of the Federal Government in any of its departments, or of
any Provincial Government or any department of any Provincial Government—by the
records of the departments, certified by the heads of those departments respectively, or
by any document purporting to be printed by order of any such Government;
(2) the proceedings of the Legislatures,—by the Journal of those bodies respectively, or
by published Acts or abstracts, by copies purporting to be printed by order of the
Government concerned ;
(3) the Acts of the Executive or the proceedings of the Legislature of a foreign country,—
by journals published by their authority, or commonly received in that country as such or
by a copy certified under the seal of the country or sovereign or by a recognition thereof in
some Federal Act;
(4) the proceedings of a municipal body in Pakistan,—by a copy of such proceedings,
certified by the legal keeper thereof, or by a printed book purporting to be published by the
authority of such body ;
(5) public documents of any other class in a foreign country,—by the original, or by a copy
certified by the legal keeper thereof, with a certificate under the seal of a notary public, or
of a Pakistan Consul or diplomatic agent, that the copy is duly certified by the officer
having the legal custody of the original, and upon proof of the character of the document
according to the law of foreign country.
PRESUMPTION AS TO DOCUMENTS
90. Presumption as to genuineness of certified copies: (1) The Court shall presume
every document purporting to be a certificate, certified copy or other document, which is
by law declared to be admissible as evidence of any particular fact and which purports to
be duly certified by any officer of the Federal Government or a Provincial Government to
be genuine:
Provided that such document is substantially in the form and purports to be executed in
the manner directed by law in that behalf.
(2) The Court shall also presume that any officer by whom any such document purports to
be signed or certified, held when he signed it, the official character which he claims in
such document.
91. Presumption as to documents produced as record of evidence: Whenever any
document is produced before any Court, purporting to be a record or memorandum of the
evidence, or of any part of the evidence, given by a witness in a judicial proceeding Or
before any officer authorized by law to take such evidence or to be a statement or
confession by any prisoner or accused person, taken in accordance with law, and
purporting to be signed by any Judge or Magistrate or by any such officer as aforesaid,
the Court shall presume—
that the document is genuine; that any statements as to the circumstances under which it
was taken, purporting to be made by the person signing it are true and that such evidence,
statement or confession was duly taken.
92. Presumption as to genuineness of documents kept under any law: The Court
shall presume the genuineness of every document purporting to be a document directed
by any law to be kept by any person, if such document is kept substantially in the form
required by law and is produced from proper custody.
93. Presumption as to maps or plans made by authority of Government: The Court
shall presume that map or plans purporting to be made by the authority of the Federal
Government or any Provincial Government were so made, and are accurate; but maps or
plans made for the purposes of any cause must be proved to be accurate.
94. Presumption as to collections of laws and reports of decision: The Court shall
presume the genuineness of every book purporting to be printed or published under the
authority of the Government of any country, and to contain any of the law of that country,
and of every book purporting to contain reports of decisions of the Courts of such country.
95. Presumption as to powers-of-attorney: The Court shall presume that every
document purporting to be a power-of -attorney, and to have been executed before, and
authenticated by, a notary public, or any Court, Judge, Magistrate, Pakistan Consul or
Vice-Consul, or representative of the Federal Government, was so executed and
authenticated.
96. Presumption as to certified copies of foreign judicial records: (1) The Court may
presume that any document purporting to be a certified copy of any judicial record of any
country not forming part of Pakistan is genuine and accurate, if the document purports to
be certified in any manner which is certified by any representative of the Federal
Government in or for such country to be the manner commonly in use in that country for
the certification of copies of Judicial records.
(2) An officer who with respect to any territory or place not forming part of Pakistan, is a
political Agent therefore, as defined in Section 3, clause (40), of the General Clauses Act,
1897(X of 1897) shall for the purposes of clause (1), be deemed to be a representative of
the Federal Government in or for the country comprising that territory or place.
97. Presumption as to books, maps and charts: The Court may presume that any book
to which it may refer for information on matters of public or general interest, and that any
published map or chart, the statements of which are relevant facts and which is produced
for its inspection, was written and published by the person, and at the time and place, by
whom or at which it purports to have been written or published.
98. Presumption as to telegraphic messages: The Court may presume that message,
forwarded from a telegraph office to the person to whom such message purports to be
addressed, corresponds with a message delivered for transmission at the office from
which the message purports to be sent; but the Court shall not make any presumption as
to the person by whom such message was delivered for transmission.
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.
100. Presumption as to documents thirty years old: Where any document, purporting
or proved to be thirty years old, is produced from any custody which the Court in the
particular case considers proper, the Court may presume that the signature and every
other part of such document, which purports to be in the handwriting of any particular
person, is in that person's handwriting, and in the case of a document executed or
attested, that it was duly executed and attested by the persons by whom it purports to be
executed and attested.
Explanation: For the purposes of this Article and Article 92, documents are sold to be in
proper custody if they are in the place in which, and under the care of the person with
whom, they would naturally be, but no custody is improper if it is proved to have had, a
legitimate origin, or if the circumstances of the particular case are such as to render such
an origin probable.
Illustrations
(a) A has been in possession of landed property for a long time. He produces from his
custody deeds relating to the land, showing his titles to it. The custody is proper.
(b) A produce deeds relating to landed property of which he is the mortgage. The
mortgagor is in possession. The custody is proper.
(c) A, a connection of B, produces deeds relating to lands in B’s possession which were
deposited with him by B for safe custody. The custody is proper.
101. Certified copies of documents thirty years old: The provisions of Article 100 shall
apply to such copy of a document referred to in that Article as is certified in the manner
provided in Article 87 and is not less than thirty years old, and such certified copy may be
produced in proof of the contents of the document or part of the document of which
purports to be a copy.
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: When the terms of a contract, or of a grant, or 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 terms of such contract, grant or other disposition of
property, or of such matter, except the document itself, or secondary evidence of its
contents in cases in which secondary evidence is admissible under the provisions
hereinbefore contained.
Exception 1: When a public officer is required by law to be appointed in writing, and when
it is shown that any particular person has acted as such officer, the writing by which he is
appointed need not be proved.
Exception 2: Wills admitted to probate in Pakistan may be proved by the probate.
Explanation 1: This Article applies equally to cases in which the contracts, grants or
dispositions of property referred to are contained in one document and to cases in which
they are contained in more documents that one.
Explanation 2: Where there are more originals than one, one original only need be proved.
Explanation 3: The statement, in any document whatever, of a fact other than the facts
referred to in this Article, shall not preclude the admission of oral evidence as to the same
fact.
Illustrations
(a) If a contract be contained in several letters, all the letters in which it is contained must
be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c) If a bill of exchange is drawn in a set of three, one only deed be proved.
(d) A contracts, in writing with B, for the delivery of indigo upon certain terms. The contract
mentions the fact that B had paid A the price of other indigo contracted for verbally on
another occasion.
Oral evidence is offered that no payment was made for the other indigo. The evidence is
admissible.
(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The
evidence is admissible.
103. Exclusion of evidence of oral agreement: When the terms of any such contract,
grant or other disposition of property, 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 contradicting, varying,
adding to or subtracting from, its terms :
Proviso (1); Any fact may be proved which would invalidate any document, or which would
entitle any person to any decree or order relating thereto; 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.
Proviso (2): The existence of any separate oral agreement as to any matter on which a
document is silent, and which is not inconsistent with its terms may be proved. In
considering whether or not this proviso applies, the Court shall have regard to the degree
of formality of the document.
Proviso (3): The existence of any separate oral agreement constituting a condition
precedent to the attaching of any obligation under any such contract, grant or disposition
of property may be proved.
Proviso (4): The existence of any distinct subsequent oral agreement to rescind or modify
any such contract, grant, or disposition of property, may be proved, 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.
Proviso (5): Any usage or custom by which incidents not expressly mentioned in any
contract are usually annexed to contracts of that description, may be proved:
Provided that the annexing of such incident would not be repugnant to, or inconsistent
with the express terms of the contract.
Proviso (6): Any fact may be proved which shows in what manner the language of a
document is relied to existing facts.
Illustrations
(a) A policy of insurance is affected on goods "in ships from Karachi to London". The
goods are shipped in a particular ship, which is last. The fact that that particular ship was
orally excepted from the policy cannot be proved.
(b) A agrees absolutely in writing to pay B, Rs. 1,000 on the first March, 1984. The fact
that at the same time, an oral agreement was made that the money should not be paid till
the thirty-first March cannot be proved.
(c) An estate called "the Khanpur Estate" is sold by a deed, which contains a map of the
property sold. The fact that land not included in the map had always been regarded as
part of the estate and was meant to pass by the deed cannot be proved.
(d) A enters into a written contract with B to work certain mines the property of B, upon
certain terms. A was induced to do so by a misrepresentation of B's as their value. This
fact may be proved.
(e) A institutes a suit against B for the specific performance of a contract, and also prays
that the contract may be reformed as to one of its provisions, as that provision was
inserted in it by mistake. A may prove that such a mistake was made as would by law
entitle him to have the contract reformed.
(f) A orders goods of B by a letter in which nothing is said as to the time of payment, and
excepts the goods on delivery. B sues A for the price. A may show that the goods were
supplied on credit for a term still unexpired.
(g) A sells B a horse and verbally warrants him sound. A gives B a paper in these words
"Bought of a horse for Rs. 500". B may prove the verbal warranty.
(h) A hires lodging of B, and gives a card on which is written "Rooms, Rs. 200 a month." A
may prove a verbal agreement that these terms were to include partial board.
A hires lodging of B for a year, and regularly stamped agreement, drawn up by an
advocate, is made between them. It is silent on the subject of board. A may not prove that
board was included in the terms verbally.
(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the
receipt and does not send the money. In a suit for the amount A may prove this.
(j) A and B make a contract in writing to take effect upon the happening of a certain
contingency. The writing is left with B, who sues A upon it. A may show the circumstances
under which it was delivered.
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.
Illustrations
A sells to B by deed, "my Estate at Rangpur, containing 100 bighas". A has an Estate at
Rangpur containing 100 bighas. Evidence may not be given of the fact that the Estate
meant to be sold was one situated at a different place and of a different size.
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.
Illustrations
A sells to B by deed, "my house in Karachi". A had no house In Karachi, but it appears
that he had a house at Keamari of which B had been in possession since the execution of
the deed.
These facts may be proved to show that the deed related to the house at Keamari.
106. Evidence as to application of language which can apply to one only 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
persons or things, evidence may be given of facts which show which of those persons or
things it was intended to apply to.
Illustrations
(a) A agrees to sell to B, for Rs. 1,000, "my white horse". A has two white horses.
Evidence may be given of facts which shows which of them was meant.
(b) A agrees to accompany B to Hyderabad. Evidence may be given of facts showing
whether Hyderabad in the Dekkhan or Hyderabad Sind was meant.
107. Evidence as to application of language to one of two sets of facts to neither 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.
Illustrations
A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the
occupation of Y, and he had land in the occupation of Y, but it is not at X. Evidence may
be given of facts; which he meant to sell.
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 foreign, obsolete
technical, local and provincial expressions, of abbreviation and of words used in a peculiar
sense.
Illustrations
A, a sculptor, agrees to sell to B, " All may mods."
A has both models and modelling tools. Evidence may be given to show which he meant
to sell.
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.
Illustrations
A and B make a contract in writing that B shall sell A certain cotton, to be paid for on
delivery. At the same time they make an oral agreement that three months credit shall be
given to A. This could not be shown as between A and B, but it might be shown by C, if it
affected his interest.
110. Saving of provisions of Succession Act relating to wills: Nothing in this Chapter
contained shall be taken to affect any of the provisions of the Succession Act, 1925
(XXXIX of 1925) as to the construction of wills.
PART II
ON PROOF
CHAPTER VII
FACTS WHICH NEED NOT BE PROVED
111. Fact Judicially noticeable need not be proved: No fact of which the Court will take
judicial notice need be proved.
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 Central Legislature and any Legislature established
under any law for the time being in force in Pakistan;
(d) The seals of all the Courts in Pakistan and of all Courts out of Pakistan established by
the authority of the Federal Government or the Government representative, the seals of
Court of Admiralty and Maritime Jurisdiction and of Notaries Public and all seals which any
person is authorised to use 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 filling for
the time being any public office in Pakistan, if the fact of their appointment to such office is
notified in the official Gazette;
(f) The existence, title and national flag of every State of Sovereign recognised by the
Federal Government;
(g) The divisions of time, the geographical divisions of the world, and public festivals, facts
and holidays notified in the official Gazette;
(h) The territories under the dominion of Pakistan;
(i) The commencement, continuance and termination of hostilities between Pakistan and
any other State or body of persons;
(j) The names of the members and officers of the Court and of their deputies and
Subordinate officers and assistants, and also of all officers acting in execution of its
process, and of all advocates and 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 public history, literature,
science or 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 to take judicial notice of any fact, it may
refuse to do so unless and until such person produces any such book or document as it
may consider necessary to enable it to do so.
113. Facts admitted need not be proved: No fact need be proved in any proceeding
which the parties thereto or their agents agree to admit at the hearing, or which 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, require the facts admitted to be proved
otherwise than by such admissions.
CHAPTER VIII
ESTOPPEL
114. Estoppel: When one person has by his declaration, act or omission, intentionally
caused or 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.
Illustrations
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby
induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the
ground that, at the time of the sale, he had no title. He must not be allowed to prove his
want of title.
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 the landlord of such tenant had, 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 such person had a title to such possession at the
time when such license was given.
116. Estoppel of acceptor of bill of exchange bailee or licensee: No acceptor of a bill
of exchange shall be permitted to deny that the drawer had authority to draw such bill or to
endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licenser
had at the lime when the bailment or license commenced, authority to make such bailment
or grant such license.
Explanation 1: The acceptor of a bill of exchange may deny that the bill was really drawn
by the person by whom it purports to have been drawn.
Explanation 2: If a bailee delivers the goods bailed to a person other than the bailor, he
may prove that such person had a right to them as against the bailor.
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER IX
OF THE BURDEN OF PROOF
117. Burden of proof: (1) Whoever desires any Court to give judgment as to any legal
right or liability dependent 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, it is said that the burden of
proof lies on that person.
Illustrations
(a) A desired a Court to give Judgment that B shall be punished for a crime which A says
B has committee.
A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the possession
of B by reason of facts, which he asserts, and which B denies to be true.
A must prove the existence of those facts.
118. On whom burden of proof lies: The burden of proof in a suit or proceeding lies on
that person who would fail if no evidence at all were given on either side.
Illustrations
(a) A sues B for land of which B is in possession, and which, as A asserts was left to A by
the will of C, B's father.
If no evidence were given on either side, B would be entitled to retain his possession.
Therefore the burden of proof is on A.
(b) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was obtained by fraud, which A
denies.
lf no evidence were given on either aide, A would succeed as the bond is not disputed and
the fraud is not proved.
Therefore the burden, of proof is on B.
119. Burden of proof as to particular fact: The burden of proof as to any particular fact
lies on that person who wishes the Court to believe in its existence, unless it is provided
by any law that the proof of that fact shall lie on any particular person.
Illustrations
(a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft, to
C. A must prove the admission.
(b) B wishes the Court to believe that at the time in question, he was elsewhere. He must
prove it.
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 enable any person to give evidence
of any other fact is on the person who wishes to give such evidence.
Illustrations
(a) A wishes to prove a dying declaration by B, A must prove B’s death.
(b) A wishes to prove, by secondary evidence, the contents of a lost document.
A must prove that the document has been lost.
121. Burden of proving that case of accused comes within exceptions: When a
person is accused of any offence the burden of proving the existence of circumstances
bringing the case within any of the General Exceptions in the Pakistan Penal Code (Act
XLV of 1860), or within any special exception or proviso contained in any other part of the
same Code, or in any law defining the offence, is upon him, and the Court shall presume
the absence of such circumstances.
Illustrations
(a) “A” accused of murder, alleges that by reason of unsoundness of mind, he did not
know the nature of the act.
The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived
of the power of self-control.
The burden of proof is on A.
(c) Section 325 of the Pakistan Penal Code (Act XLV of 1860) provides that whoever,
except in the case provided for by Section 335 voluntarily causes grievous hurt, shall be
subject to certain punishments.
A is charged with voluntarily causing grievous hurt under Section 325.
The burden of proving the circumstances bringing the case under Section 336 lies on A.
122. Burden of proving fact especially within knowledge: When any fact is especially
within the knowledge of any person, the burden of proving that fact is upon him
Illustrations
(a) When a person does an act with some intention other than that which the character
and circumstances of the act suggest, the burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The burden of proving that he
had a ticket is on him. .
123. Burden of proving death of person known to have been alive within thirty
years: Subject to Article 124, 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 who affirms it.
124. Burden of proving that person is alive who has not been heard of for seven
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 who affirms it.
125. Burden of proof as to relationship in the cases of partners, landlord and 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 they do not stand, or have ceased to stand, to each other in
those relationships respectively is on the person who affirms it.
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 who affirms that he is not the owner.
127. Proof of good faith in transactions where one party is in relation of active
confidence: When there is a question as to 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 in a position of active
confidence.
Illustrations
(a) The good faith of a sale by a client to an advocate is in question in a suit brought by
the client. The burden of proving the good faith of the transaction is on the advocate.
(b) The good faith of a sale by a son Just come of age to a father is in question in a suit
brought by the son. The burden of proving the good faith of the transaction is on the
father.
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, the mother remaining unmarried, shall be
conclusive proof that he is the legitimate child of that man, unless—
(a) the husband had refused, or refuses, to own the child ; or
(b) the child was born after the expiration of six lunar months from the date on which the
woman had accepted that 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.
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
The Court may presume—
(a) that a man who is in possession of stolen goods soon after the theft is either the thief
or has received the goods knowing them to be stolen, unless he can account for his
possession ;
(b) that an accomplice is unworthy of credit, unless he is corroborated in material
particulars ;
(c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good
consideration ;
(d) that a thing or state of things which has been shown to be in existence within a period
shorter than that within which such things or states of things usually cease to exist, is still
in existence ;
(e) that judicial and official acts have been regularly performed ;
(f) that the common course of business has been followed in particular cases;
(g) that evidence which could be and is not produced would, if produced, be unfavourable
to the person who withholds it ;
(h) that, if a man refuses to answer a question which he is not compelled to answer by
law, the answer, if given, would be unfavourable to him
(i) that when a document creating an obligation is in the hands of the obligor, the
obligation has been discharged.
But the Court shall also have regard to such facts as the following, in considering whether
such maxims do or do not apply to the particular case before it;
as to illustration (a) : a shopkeeper has in his till marked rupee soon after it was stolen,
and cannot account for its possession specifically, but is continually receiving rupees
in the course of his business ;
as to illustration (a) : A. person of the highest character, is tried for causing a man's death
by an act of negligence in arranging certain machinery, B, a person of equally good
character, who also took part in the arrangement, describes precisely what was
done, and admits and explains the common carelessness of A and himself ;
as to illustration (b) : A crime is committed by several persons. A, B and C. three of the
criminals, are captured on the shop and kept apart from each other. Each gives an
account of the crime implicating D and the accounts corroborate each other in such a
manner as to render previous concert highly improbable;
as to illustration (c) : A. the drawer of a bill of exchange, was a man of business. B; the
acceptor, was a young and ignorant person, completely under A's influence;
as to illustration (d) : It is proved that a river ran in a certain course five years ago. But it is
known that there have been floods since that time which might change its course ;
as to illustration (e): a judicial act, the regularity of which is in question, was performed
under exceptional circumstances ;
as to illustration (f): the question is, whether a letter was received. It is shown to have
been posted, but the usual course of the post was interrupted by disturbances;
as to illustration (g) : a man refuses to produce a document which would bear on a
contract of small importance on which he is sued. but which might also injure the
feelings and reputation of his family;
as to illustration (h) : a man refuses to answer a question which he is not compelled by law
to answer, but the answer to it might cause loss to him in matters unconnected with
the matter in relation to which it is asked ;
as to illustration (i) : a bond is in possession of the obligor, but the circumstances of the
case are such that he may have stolen it,
CHAPTER X
OF THE EXAMINATION OF WITNESS
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.
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
in what manner the alleged fact, if proved, would be relevant, and the Judge shall admit
the evidence if he thinks that the fact, if proved, would be relevant and not otherwise.
(2) If the fact proposed, to be proved is one of Which evidence is admissible only upon
proof of some other fact, such last mentioned fact must be proved before evidence is
given of 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 one alleged fact depends upon an other alleged fact being first
proved, the Judge may in his discretion, either permit evidence of the first fact to be given
before the second fact is proved, or require evidence to be given of the second fact before
evidence is given of the first fact.
Illustrations
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be
dead, which statement is relevant under Article 46.
The fact that the person is dead must be proved by the person proposing to prove the
statement, before evidence is given of the statement
(b) It is proposed to prove, by a copy, the contents of a document said to be lost.
The fact that the original is lost must be proved by the person proposing to produce the
copy before the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been stolen.
It is proposed to prove that he denied the possession of the property
The relevancy of the denial depends on the identity of the property. The Court may in its
discretion, either require the property to be identified before the denial of the possession is
proved or permit the denial of possession to be proved before the property is identified.
(d) It is proposed to prove a fact (A) which is said to have been the cause or effect of a
fact-in-issue. There are several intermediate facts (B, C and D), which must be shown to
exist before the fact (A) can be regarded as the cause or effect of the fact-in-issue. The
Court may either permit A to be proved before B, C or D is proved, or may require proof of
B, C and D before permitting proof of A.
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 crossexamination.
(3) The examination of a witness, subsequent to the cross-examination by the party who
called him, shall be called his re-examination.
133. Order of examinations: (1) Witnesses shall be first examined-in-chief, then (if the
adverse party so desires) cross-examined, then (if the party calling him so desires) reexamined.
(2) The examination and cross-examination must relate to relevant facts but the crossexamination
need not be confined to the facts 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 crossexamination;
and if new matter is, by permission of the Court, introduced in reexamination,
the adverse party may further cross-examine that matter.
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 that he
produces it and cannot be cross-examined unless and until he is called as a witness.
135. Witnesses to character: Witnesses to character may be cross-examined and reexamined.
136. Leading questions: Any question suggesting the answer which the person putting in
wishes or expects to receive is called a leading question.
137. When leading questions must not be asked: (1) Leading questions must not, if
objected to by the adverse party, be asked in an examination-in-chief, or in a reexamination,
except with the permission of the Court.
(2) The Court shall permit leading questions as to matters which are introductory or
undisputed, or which have in its opinion, been already sufficiently proved.
138. When leading questions may be asked: Leading questions may be asked in crossexamination.
139. Evidence as to matters in writing: Any witness may be asked, whilst under
examination, whether any contract, grant or other disposition of property, as to which he is
giving evidence, was not contained in a document, and if he says that it was, or if he is
about to make any statement as to the contents of any document, 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 the
party who called the witness to give secondary evidence of it.
Explanation: A witness may give oral evidence of statements made by other persons
about the contents of documents if such statements are in themselves relevant facts.
Illustration
The question is, whether A assaulted B.
C deposes that he heard A say to D—"B wrote a letter accusing me of theft, and I will be
revenged on him". This statement is relevant, as showing A's motive for the assault, and
evidence may be given of it though no other evidence is given about the letter.
140. Cross-examination as to previous statements in writing: A witness may be
cross-examined as to previous statements made by him in writing or reduce into writing,
and 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, before the
writing can be proved, be called to those parts of it which are to be used for the purpose of
contradicting him.
141. Questions lawful in cross-examination: When a witness is cross-examined, he
may, 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 questions
might tend directly or indirectly to criminate him or might expose or tend directly or
indirectly to expose him to a penalty or forfeiture.
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.
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 in so far as 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 if it
thinks fit, 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 effect the opinion of the Court as to the credibility of the
witness on the matter to which he testifies ;
(2) such questions are improper if the imputation which they convey relates to matters so
remote in time, or of such a character, 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 testifies;
(3) such questions are improper if there is a great disproportion between the importance of
the importation 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 unfavourable.
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 has reasonable
grounds for thinking that the imputation, which it conveys, is well founded.
Illustrations
(a) An advocate is instructed by an attorney that an important witness is a dakait. This is a
reasonable ground for asking the witness whether he is a dakiat.
(b) An advocate is informed by a person in Court that an important Witness is a dakait.
The informant, on being questioned by the advocate, given satisfactory reasons for his
statement. This is a reasonable ground for asking the witness whether he is a dakait.
(c) A witness, of whom nothing whatever is known, is asked at random whether he is a
dakait. There are here no reasonable grounds for the question.
(d) A witness, of whom nothing whatever is known, being questioned as to his mode of life
and means of living, gives unsatisfactory answers. This may be a reasonable ground for
asking him if he is a dakait.
145. Procedure of Court in case of question being asked without reasonable
grounds: If the Court is of opinion that any such question was asked without reasonable
grounds, it may, if it was asked by any advocate, report the circumstances of the case to
the High Court or other authority to which such advocate is subject in the exercise of his
profession.
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 facts-in-issue,
or to matters necessary to be known in order to determine whether or not the facts-inissue
existed.
147. Procedure of Court in cases of defamation libel and slander: When a person is
prosecuted or used for making or publishing an imputation of a defamatory, libellous or
slanderous nature, the Court shall not, before it has recorded its findings on the issues
whether such person did make or publish such imputation and whether such imputation is
true, permit any question to be put to any witness for the purpose of 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, except in so far as any
such question may be necessary for the purpose of determining the truth of the
imputations alleged to have been made or published.
148. Questions intended to insult or annoy: The Court shall forbid any question which
appears to it to be intended to insult or annoy, or which though proper in itself, appears to
the Court needlessly offensive in form.
149. Exclusion of evidence to contract answer to questions testing veracity: When a
witness has been asked and has answered any question which is relevant to the inquiry
only in so far as 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 with
giving false evidence.
Exception 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.
Exception 2: If a witness is asked any question tending to impeach his impartiality and
answers it by denying the suggested, he may be contradicted.
Illustrations
(a) A claim against an underwriter is resisted on the ground of fraud.
The claimant is asked whether, in a former transaction, he had not made a fraudulent
claim. He denies it.
Evidence is offered to show that he did make such a claim.
The evidence is inadmissible.
(b) A witness is asked whether he was not dismissed from a situation for dishonesty.
He denies it.
Evidence is offered to show that he was dismissed for dishonesty.
The evidence is not admissible.
(c) A affirms that on a certain day he saw B at Lahore.
A is asked whether he himself was not on that day at Faisalabad. He denies it.
Evidence is offered to show that A was on that day at Faisalabad.
The evidence is admissible, not as contradicting A on a fact, which affects his credit, but
as contradicting the alleged fact that B was seen on the day in question in Lahore.
In each of these cases the witness might, if his denial was false, be charged with giving
false evidence.
(d) A is asked whether his family has not had a blood feud with the family of D against
whom he gives evidence.
He denies it. He may be contradicted on the ground that the question tends to impeach his
impartiality.
150. Question by party to his own witness: The Court may, in its discretion, permit the
person who calls a witness to put any questions to him, which might be put in crossexamination
by the adverse party.
151. Impeaching credit of witness: The credit of a witness may be impeached in the
following ways by the adverse party or with the consent of the Court, by the party who
calls him:
(1) by the evidence of persons who testify that they, from their knowledge of the witness,
believe him to be un-worthy of credit;
(2) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has
received any other corrupt inducement to give his evidence ;
(3) by proof of former statements inconsistent with any part of his evidence which is liable
to be contradicted ;
(4) when a man is prosecuted for rape or an attempt to ravish, it may be shown that the
prosecutrix was of generally immoral character.
Explanation: A witness declaring another witness to be unworthy of credit may not, upon
his examination-in-chief, give reason for his belief, but he may be asked his reasons in
cross examination, and the answers which he gives cannot be contradicted, though, if
they are false, he may afterwards be charged with giving false evidence.
Illustrations
(a) A sues B for the price of goods sold and delivered to B. C says that A delivered the
goods to B.
Evidence is offered to show that, on a previous occasion, he said that he had not
delivered the goods to B.
The evidence is admissible.
(b) “A” if indicated for the murder of B.
C says that B, when dying, declared that A had given B the wound of which he died.
Evidence is offered to show that, on a previous occasion, C said that the wound was not
given by A or in his presence,
The evidence is admissible.
152. Questions lending to corroborate evidence of relevant fact admissible: When a
witness whom it is intended to corroborate 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 at which such relevant fact occurred if the Court is of opinion that such
circumstances, if proved, would corroborate the testimony of the witness as to the relevant
fact which he testifies.
Illustrations
A, an accomplice, gives an account of robbery in which he took part He describes various
incidents unconnected with the robbery which occurred on his way to and from the place
where it was committed.
Independent evidence of these facts may be given in order to corroborate his evidence as
to the robbery itself.
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 relating to the same fact at or about the time when the fact took
place, or before any authority legally competent to investigate the facts; may be proved.
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 contradict or corroborate it, or in order
to impeach or 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 crossexamination
the truth of the matter suggested.
155. Refreshing memory: (1) A witness may, while under examination, fresh his memory
by referring to any writing made by himself at the time of the transaction concerning which
he is questioned, or 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, if when he read if he knew it to be correct.
(3) Whenever a witness may refresh his memory by reference to any document, he may
with the permission of the Court, refer to a copy of such document:
Provided the 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 treaties.
156. Testimony to facts stated in document mentioned in Article 155: A witness may
also testify to facts mentioned in any such document as is mentioned in Article 155,
although he has no specific recollection of the facts themselves, if he is sure that the facts
were correctly recorded in the document.
Illustrations
A book-keeper may testify to facts recorded by him in books regularly keep in the course
of business, if he knows that the books were correctly kept, although he has forgotten the
particular transactions entered.
157. Right of adverse party as to writing used to refresh memory: Any writing referred
to under the provisions of the two last proceeding 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.
158. Production of documents: (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 in its admissibility. The validity of any objection shall
be decided on by the Court
(2) The Court, if it sees fit 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, if it thinks fit, 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 (Act XLV of
1860).
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 party calling for its production, he is bound to
give it as evidence if the party producing it requires him to do so.
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.
Illustrations
A sues C on an agreement and gives B, notice to produce it. At the trial A calls for the
document and B refuses to produce it. A gives secondary evidence of its contents, B
seeks to produce the document itself to contradict the secondary evidence given by A, or
in order to show that the agreement is not stamped. He cannot do so.
161. Judge's power to put questions 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 thing; 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:
Provided that the Judgment must be based upon facts declared by this Order to be
relevant, and duly proved:
Provided also that this Article shall not authorise 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 were
asked or the document were 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
hereinbefore excepted.
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
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.
CHAPTER XII
DECISION OF CASE ON THE BASIS OF OATH
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.
CHAPTER XIII
MISCELLANEOUS
164. Production of evidence that has become available because of
modern devices, etc.: In such cases as the Court may consider appropriate, the
Court may allow to be produced any evidence that may have become available because
of modern devices or techniques.
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.
166. Repeal: The Evidence Act, 1872 (I of 1872), is hereby repealed.

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