Qanun-e-Shahadat Order, 1984

Preamble

Preamble

An Order to revise, amend and consolidate the law of evidence

An Order to revise, amend and consolidate the law of evidence
(1)
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 Quran 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

Article 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.

Part I Relevancy of Facts

Article 2

Interpretation

(1)
In this Order, unless there is anything repugnant in the subject or context,—
(a)
“Court” includes all 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 of recording that matter;
(c)
“evidence” includes:— all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; and all documents produced for the inspection of the Court; such documents are called documentary evidence;
(d)
“fact” includes— anything, state of things, or relation of things capable of being perceived by the senses; and any mental condition of which any person is conscious.
(e)
the expression, “automated”, “electronic”, “information”, “information system”, “electronic document”, “electronic signature”, “advanced electronic signature” and “security procedure”, shall bear the meanings given in the Electronic Transactions Ordinance, 2002;
(f)
the expression “certificate”, where the context so admits, includes the meaning given to it in the Electronic Transactions Ordinance, 2002.
(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 this 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.
(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 this 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.
ExplanationExplanation to (3): Whenever, under the provisions of the law for the time being in force relating to civil procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue.

Part I Relevancy of Facts

Article 3

Who may testify

(1)
All 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:
ProvisoProviso 1 Provided that a person shall not be competent to testify if he has been convicted by a Court for perjury or giving false evidence:
ProvisoProviso 2 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:
ProvisoProviso 3 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 Quran 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.
ExplanationExplanation: 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.

Part I Relevancy of Facts

Article 4

Judges and Magistrates

(1)
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.

Part I Relevancy of Facts

Article 5

Communications during marriage

(1)
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 disclose any such communication, unless the person who made it, 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.

Part I Relevancy of Facts

Article 6

Evidence as to affairs of State

(1)
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.
ExplanationExplanation: 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.

Part I Relevancy of Facts

Article 7

Official communications

(1)
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.
ExplanationExplanation: In this Article, “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.

Part I Relevancy of Facts

Article 8

Information as to commission of offences

(1)
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.
ExplanationExplanation: In this Article, “Revenue-officer” means any officer employed in or about the business of any branch of the public revenue.

Part I Relevancy of Facts

Article 9

Professional communications

(1)
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:
ProvisoProviso 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.
ExplanationExplanation: The obligation stated in this Article continues after the employment has ceased.

Part I Relevancy of Facts

Article 10

Article 9 to apply to interpreters, etc.

(1)
The provisions of Article 9 shall apply to interpreters, and the clerks or servants of advocates.

Part I Relevancy of Facts

Article 11

Privilege not waived by volunteering evidence

(1)
If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby 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 if he questions such advocate on matters which, but for such question, he would not be at liberty to disclose.

Part I Relevancy of Facts

Article 12

Confidential communications with legal advisers

(1)
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.

Part I Relevancy of Facts

Article 13

Production of title deed of witness, not a party

(1)
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.

Part I Relevancy of Facts

Article 14

Production of documents which another person, having possession, could refuse to produce

(1)
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.

Part I Relevancy of Facts

Article 15

Witness not excused from answering on ground that answer will criminate

(1)
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:
ProvisoProviso 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.

Part I Relevancy of Facts

Article 16

Accomplice

(1)
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.

Part I Relevancy of Facts

Article 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 Quran 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.

Part I Relevancy of Facts

Article 18

Evidence may be given of facts in issue and relevant facts

(1)
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 others.
ExplanationExplanation: 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.

Part I Relevancy of Facts

Article 19

Relevancy of facts forming part of same transaction

(1)
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.

Part I Relevancy of Facts

Article 20

Facts which are the occasion, cause or effect of facts in issue

(1)
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.

Part I Relevancy of Facts

Article 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.
ExplanationExplanation 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.
ExplanationExplanation 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.

Part I Relevancy of Facts

Article 22

Facts necessary to explain or introduce relevant facts

(1)
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.

Part I Relevancy of Facts

Article 23

Things said or done by conspirator in reference to common design

(1)
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.

Part I Relevancy of Facts

Article 24

When facts not otherwise relevant become relevant

(1)
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 non-existence of any fact in issue or relevant fact highly probable or improbable.

Part I Relevancy of Facts

Article 25

In suits for damages facts tending to enable Court to determine amount are relevant

(1)
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.

Part I Relevancy of Facts

Article 26

Facts relevant when right or custom is in question

(1)
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.

Part I Relevancy of Facts

Article 27

Facts showing existence of state of mind, or of body, or bodily feeling

(1)
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.
ExplanationExplanation 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.
ExplanationExplanation 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.

Part I Relevancy of Facts

Article 28

Facts bearing on question whether act was accidental or intentional

(1)
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 of similar occurrence, in each of which the person doing the act was concerned, is relevant.

Part I Relevancy of Facts

Article 29

Existence of course of business when relevant

(1)
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.

Part I Relevancy of Facts

Article 30

Admission defined

(1)
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:
ExplanationExplanation: Statements generated by automated information system may be attributed to the person exercising power or control over the said information system.

Part I Relevancy of Facts

Article 31

Admission by party to proceeding or his agent, etc.

(1)
Statements made by 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 interested, or
(b)
persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions if they are made during the continuance of the interest of the persons making the statements.

Part I Relevancy of Facts

Article 32

Admission by persons whose position must be proved as against party to suit

(1)
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 or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.

Part I Relevancy of Facts

Article 33

Admission by persons expressly referred to by party to suit

(1)
Statements made by persons to whom a party to the suit has expressly referred for information in reference to matter in dispute are admissions.

Part I Relevancy of Facts

Article 34

Proof of admissions against persons making them, and by or on their behalf

(1)
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 on 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.

Part I Relevancy of Facts

Article 35

When oral admissions as to contents of documents are relevant

(1)
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 rules hereinafter contained, or unless the genuineness of a document produced is in question.

Part I Relevancy of Facts

Article 36

Admissions in civil cases when relevant

(1)
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.
ExplanationExplanation: Nothing in this Article shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under Article 9.

Part I Relevancy of Facts

Article 37

Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding

(1)
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.

Part I Relevancy of Facts

Article 38

Confession to police-officer not to be proved

(1)
No confession made to a police-officer shall be proved as against a person accused of any offence.

Part I Relevancy of Facts

Article 39

Confession by accused while in custody of police not to be proved against him

(1)
Subject to Article 40, 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 such person.
ExplanationExplanation: In this Article, “Magistrate” does not include the head of a village discharging magisterial functions unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898).

Part I Relevancy of Facts

Article 40

How much of information received from accused may be proved

(1)
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.

Part I Relevancy of Facts

Article 41

Confession made after removal of impression caused by inducement, threat or promise, relevant

(1)
If 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.

Part I Relevancy of Facts

Article 42

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

(1)
If such a 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 which 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:
ProvisoProviso Provided that the provisions of this Article shall not apply to the trial of cases under the laws relating to the enforcement of Hudood.

Part I Relevancy of Facts

Article 43

Consideration of proved confession affecting person making it and others jointly under trial for same offence

(1)
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.
ExplanationExplanation: “Offence”, as used in this Article, includes the abetment of, or attempt to commit, the offence.

Part I Relevancy of Facts

Article 44

Accused persons to be liable to cross-examination

(1)
All accused persons, including an accomplice, shall be liable to cross-examination.

Part I Relevancy of Facts

Article 45

Admission not conclusive proof but may estop

(1)
Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.

Part I Relevancy of Facts

Article 46

Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

(1)
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 cannot 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 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 the cause of his death comes into question.
ExplanationSide-title for (1): When it relates to cause of death
(2)
When the statement was 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.
ExplanationSide-title for (2): Or is made in course of business
(3)
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.
ExplanationSide-title for (3): Or against interest of maker
(4)
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 if 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.
ExplanationSide-title for (4): Or gives opinion as to public right or customs or matters of general interest
(5)
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.
ExplanationSide-title for (5): Or relates to existence of relationship
(6)
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, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made and when such statement was made before the question in dispute was raised.
ExplanationSide-title for (6): Or is made in will or deed relating to family affairs
(7)
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).
ExplanationSide-title for (7): Or In document relating to transaction mentioned in Article 26, paragraph (a)
(8)
When the statement was made by a number of parsons, and expressed feelings or impressions on their part relevant to the matter in question.
ExplanationSide-title for (8): Or is made by several persons and expresses feelings relevant to matter in question

Part I Relevancy of Facts

Article 46A

Relevance of information generated, received or recorded by automated information system

(1)
Statements in the form of electronic documents generated, received or recorded by an automated information system while it is in working order, are relevant facts.

Part I Relevancy of Facts

Article 47

Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

(1)
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:
ProvisoProviso 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.
ExplanationExplanation: A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this Article.

Part I Relevancy of Facts

Article 48

Entries in books of account when relevant

(1)
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.

Part I Relevancy of Facts

Article 49

Relevancy of entry in public record made in performance of duty

(1)
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 specially enjoined by the law of the country in which such book, register or record is kept, is itself a relevant fact.

Part I Relevancy of Facts

Article 50

Relevancy of statements in maps, charts and plans

(1)
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.

Part I Relevancy of Facts

Article 51

Relevancy of statements as to fact of public nature, contained in certain Acts or notifications

(1)
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.

Part I Relevancy of Facts

Article 52

Relevancy of statements as to any law contained in law-books

(1)
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.

Part I Relevancy of Facts

Article 53

What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers

(1)
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.

Part I Relevancy of Facts

Article 54

Previous judgments relevant to bar a second suit or trial

(1)
The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.

Part I Relevancy of Facts

Article 55

Relevancy of certain judgments in probate, etc., jurisdiction

(1)
A final judgment, order or 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.
(2)
Such judgment, order or decree is conclusive proof— that any legal character which it confers accrued, 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 person at the time when such judgment, order or decree declares it to have accrued 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 time from which such judgment, order or decree declares that it had been or should be his property.

Part I Relevancy of Facts

Article 56

Relevancy and effect of judgments, orders or decrees, other than those mentioned in Article 55

(1)
Judgments, orders or decrees other than those mentioned in 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.

Part I Relevancy of Facts

Article 57

Judgments, etc., other than those mentioned in Articles 54 to 56, when relevant

(1)
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.

Part I Relevancy of Facts

Article 58

Fraud or collusion in obtaining judgment, or Incompetency of Court, may be proved

(1)
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 been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Part I Relevancy of Facts

Article 59

Opinions of experts

(1)
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, or as to authenticity and integrity of electronic documents made by or through an information system, the opinions upon that point of persons specially skilled in such foreign law, science or art, or bomb disposal or in questions as to identity of hand-writing or finger impressions or as to the functioning, specifications, programming and operations of information systems, are relevant facts. Such persons are called experts.

Part I Relevancy of Facts

Article 60

Facts bearing upon opinions of experts

(1)
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.

Part I Relevancy of Facts

Article 61

Opinion as to hand-writing when relevant

(1)
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 a relevant fact.
ExplanationExplanation: 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.

Part I Relevancy of Facts

Article 62

Opinion as to existence of right or custom, when relevant

(1)
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.
ExplanationExplanation: The expression “general custom or right” includes customs or rights common to any considerable class of persons.

Part I Relevancy of Facts

Article 63

Opinion as to usages, tenets, etc., when relevant

(1)
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 having special means of knowledge thereon, are relevant facts.

Part I Relevancy of Facts

Article 64

Opinion on relationship when relevant

(1)
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:
ProvisoProviso 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 XLV of 1860).

Part I Relevancy of Facts

Article 65

Grounds of opinion when relevant

(1)
Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.

Part I Relevancy of Facts

Article 66

In civil cases character to prove conduct imputed irrelevant

(1)
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.

Part I Relevancy of Facts

Article 67

In criminal cases previous good character relevant

(1)
In criminal proceedings the fact that the person accused is of a good character is relevant.

Part I Relevancy of Facts

Article 68

Previous bad character not relevant, except in reply

(1)
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.
ExplanationExplanation 1: This Article does not apply to cases in which the bad character of any person is itself a fact in issue.
ExplanationExplanation 2: A previous conviction is relevant as evidence of bad character.

Part I Relevancy of Facts

Article 69

Character as affecting damages

(1)
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.
ExplanationExplanation: 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.

Part I Relevancy of Facts

Article 70

Proof of facts by oral evidence

(1)
All facts, except the contents of documents, may be proved by oral evidence.

Part I Relevancy of Facts

Article 71

Oral evidence must be direct

(1)
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:
ProvisoProviso 1 Provided that the opinions of experts expressed in any treaties commonly offered for sale, and the grounds on which such opinions are held, may be 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:
ProvisoProviso 2 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:
ProvisoProviso 3 Provided further that, if a witness is dead, or cannot 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 شہاده اال الشہداء by which a witness can appoint two witnesses to depose on his behalf, except in the case of Hudood.

Part I Relevancy of Facts

Article 72

Proof of contents of documents

(1)
The contents of documents may be proved either by primary or by secondary evidence.

Part I Relevancy of Facts

Article 73

Primary evidence

(1)
“Primary evidence” means the document itself produced for the inspection of the Court.
ExplanationExplanation 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, each counterpart is primary evidence as against the parties executing it.
ExplanationExplanation 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.
ExplanationExplanation 3: A printout or other form of output of an automated information system shall not be denied the status of primary evidence solely for the reason that it was generated, sent, received or stored in electronic form if the automated information system was in working order at all material times and, for the purposes hereof, in the absence of evidence to the contrary, it shall be presumed that the automated information system was in working order at all material times.
ExplanationExplanation 4: A printout or other form of reproduction of an electronic documents, other than a document mentioned in Explanation 3 above, first generated, sent, received or stored in electronic form, shall be treated as primary evidence where a security procedure was applied thereto at the time it was generated, sent, received or stored.

Part I Relevancy of Facts

Article 74

Secondary evidence

(1)
“Secondary evidence” means and includes—
(1)
certified copies given under the provisions hereinafter contained;
(2)
copies made from the original by mechanical processes which in 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.

Part I Relevancy of Facts

Article 75

Proof of documents by primary evidence

(1)
Documents must be proved by primary evidence except in the cases hereinafter mentioned.

Part I Relevancy of Facts

Article 76

Cases in which secondary evidence relating to documents may be given

(1)
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 in interest;
(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.
ExplanationNote on admissibility: 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.

Part I Relevancy of Facts

Article 77

Rules as to notice to produce

(1)
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:
ProvisoProviso 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 case 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.

Part I Relevancy of Facts

Article 78

Proof of signature and handwriting of person alleged to have signed or written document produced

(1)
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.

Part I Relevancy of Facts

Article 78A

Proof of electronic signature and electronic document

(1)
If an electronic document is alleged to be signed or to have been generated wholly or in part by any person through the use of an information system, and where such allegation is denied, the application of a security procedure to the signature or the electronic document must be proved.

Part I Relevancy of Facts

Article 79

Proof of execution of document required by law to be attested

(1)
If a document is required by law to be attested, it shall not be used as evidence until two attesting witnesses at 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:
ProvisoProviso 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.

Part I Relevancy of Facts

Article 80

Proof where no attesting witness found

(1)
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.

Part I Relevancy of Facts

Article 81

Admission of execution by party to attested document

(1)
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.

Part I Relevancy of Facts

Article 82

Proof when attesting witness denies the execution

(1)
If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

Part I Relevancy of Facts

Article 83

Proof of document not required by law to be attested

(1)
An attested document not required by law to be attested may be proved as if it was unattested.

Part I Relevancy of Facts

Article 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.

Part I Relevancy of Facts

Article 85

Public documents

(1)
The following documents are public documents:—
(1)
documents forming the acts or records of the acts — of the sovereign authority; of official bodies and tribunals, and 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.
(6)
certificates deposited in a repository pursuant to the provisions of the Electronic Transactions Ordinance, 2002.

Part I Relevancy of Facts

Article 86

Private documents

(1)
All other documents are private.

Part I Relevancy of Facts

Article 87

Certified copies of public documents

(1)
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 therefor, 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.
ExplanationExplanation: 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.

Part I Relevancy of Facts

Article 88

Proof of documents by production of certified copies

(1)
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.

Part I Relevancy of Facts

Article 89

Proof of other public documents

(1)
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, or 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 the foreign country.

Part I Relevancy of Facts

Article 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:
(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.
ProvisoProviso Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.

Part I Relevancy of Facts

Article 91

Presumption as to documents produced as record of evidence

(1)
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.

Part I Relevancy of Facts

Article 92

Presumption as to genuineness of documents kept under any law

(1)
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.

Part I Relevancy of Facts

Article 93

Presumption as to maps or plans made by authority of Government

(1)
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.

Part I Relevancy of Facts

Article 94

Presumption as to collections of laws and reports of decision

(1)
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 laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.

Part I Relevancy of Facts

Article 95

Presumption as to powers-of-attorney

(1)
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.

Part I Relevancy of Facts

Article 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 therefor, 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.

Part I Relevancy of Facts

Article 97

Presumption as to books, maps and charts

(1)
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.

Part I Relevancy of Facts

Article 98

Presumption as to telegraphic messages

(1)
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.

Part I Relevancy of Facts

Article 99

Presumption as to due execution, etc., of documents not produced

(1)
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.

Part I Relevancy of Facts

Article 100

Presumption as to documents thirty years old

(1)
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.
ExplanationExplanation: For the purposes of this Article and Article 92, documents are said 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.

Part I Relevancy of Facts

Article 101

Certified copies of documents thirty years old

(1)
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 it purports to be a copy.

Part I Relevancy of Facts

Article 102

Evidence of terms of contracts, grants and other disposition of property reduced to form of document

(1)
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.
ExplanationException 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.
ExplanationException 2: Wills admitted to probate in Pakistan may be proved by the probate.
ExplanationExplanation 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 than one.
ExplanationExplanation 2: Where there are more originals than one, one original only need be proved.
ExplanationExplanation 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.

Part I Relevancy of Facts

Article 103

Exclusion of evidence of oral agreement

(1)
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:
ProvisoProviso 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.
ProvisoProviso 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.
ProvisoProviso 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.
ProvisoProviso 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.
ProvisoProviso 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.
ProvisoProviso 6 Any fact may be proved which shows in what manner the language of a document is related to existing facts.

Part I Relevancy of Facts

Article 104

Exclusion of evidence against application of document to existing facts

(1)
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.

Part I Relevancy of Facts

Article 105

Evidence as to document unmeaning in reference to existing facts

(1)
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.

Part I Relevancy of Facts

Article 106

Evidence as to application of language which can apply to one only of several persons

(1)
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.

Part I Relevancy of Facts

Article 107

Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies

(1)
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.

Part I Relevancy of Facts

Article 108

Evidence as to meaning of illegible characters, etc.

(1)
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.

Part I Relevancy of Facts

Article 109

Who may give evidence of agreement varying terms of document

(1)
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.

Part I Relevancy of Facts

Article 110

Saving of provisions of Succession Act relating to wills

(1)
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

Article 111

Fact judicially noticeable need not be proved

(1)
No fact of which the Court will take judicial notice need be proved.

Part II On Proof

Article 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 Courts 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 or Sovereign recognised by the Federal Government;
(g)
The divisions of time, the geographical divisions of the world, and public festivals, fasts 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.

Part II On Proof

Article 113

Facts admitted need not be proved

(1)
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 of pleading in force at the time they are deemed to have admitted by their pleadings:
ProvisoProviso Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.

Part II On Proof

Article 114

Estoppel

(1)
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.

Part II On Proof

Article 115

Estoppel of tenant and of licensee of person in possession

(1)
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.

Part II On Proof

Article 116

Estoppel of acceptor of bill of exchange, bailee or licensee

(1)
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 time when the bailment or license commenced, authority to make such bailment or grant such license.
ExplanationExplanation 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.
ExplanationExplanation 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

Article 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.

Part III Production and Effect of Evidence

Article 118

On whom burden of proof lies

(1)
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.

Part III Production and Effect of Evidence

Article 119

Burden of proof as to particular fact

(1)
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.

Part III Production and Effect of Evidence

Article 120

Burden of proving fact to be proved to make evidence admissible

(1)
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.

Part III Production and Effect of Evidence

Article 121

Burden of proving that case of accused comes within exceptions

(1)
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.

Part III Production and Effect of Evidence

Article 122

Burden of proving fact especially within knowledge

(1)
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Part III Production and Effect of Evidence

Article 123

Burden of proving death of person known to have been alive within thirty years

(1)
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.

Part III Production and Effect of Evidence

Article 124

Burden of proving that person is alive who has not been heard of for seven years

(1)
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.

Part III Production and Effect of Evidence

Article 125

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

(1)
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.

Part III Production and Effect of Evidence

Article 126

Burden of proof as to ownership

(1)
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.

Part III Production and Effect of Evidence

Article 127

Proof of good faith in transactions where one party is in relation of active confidence

(1)
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.

Part III Production and Effect of Evidence

Article 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.

Part III Production and Effect of Evidence

Article 129

Court may presume existence of certain facts

(1)
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.

Part III Production and Effect of Evidence

Article 130

Order of production and examination of witnesses

(1)
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.

Part III Production and Effect of Evidence

Article 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 another 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.

Part III Production and Effect of Evidence

Article 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 cross-examination.
(3)
The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

Part III Production and Effect of Evidence

Article 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) re-examined.
(2)
The examination and cross-examination must relate to relevant facts but the cross-examination 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 cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine that matter.

Part III Production and Effect of Evidence

Article 134

Cross-examination of person called to produce a document

(1)
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.

Part III Production and Effect of Evidence

Article 135

Witnesses to character

(1)
Witnesses to character may be cross-examined and re-examined.

Part III Production and Effect of Evidence

Article 136

Leading questions

(1)
Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.

Part III Production and Effect of Evidence

Article 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 re-examination, 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.

Part III Production and Effect of Evidence

Article 138

When leading questions may be asked

(1)
Leading questions may be asked in cross-examination.

Part III Production and Effect of Evidence

Article 139

Evidence as to matters in writing

(1)
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.
ExplanationExplanation: 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.

Part III Production and Effect of Evidence

Article 140

Cross-examination as to previous statements in writing

(1)
A witness may be cross-examined as to previous statements made by him in writing or reduced 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.

Part III Production and Effect of Evidence

Article 141

Questions lawful in cross-examination

(1)
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.

Part III Production and Effect of Evidence

Article 142

When witness to be compelled to answer

(1)
If any such question relates to a matter relevant to the suit or proceeding, the provisions of Article 15 shall apply thereto.

Part III Production and Effect of Evidence

Article 143

Court to decide when question shall be asked and when witness compelled to answer

(1)
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.

Part III Production and Effect of Evidence

Article 144

Question not to be asked without reasonable grounds

(1)
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.

Part III Production and Effect of Evidence

Article 145

Procedure of Court in case of question being asked without reasonable grounds

(1)
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.

Part III Production and Effect of Evidence

Article 146

Indecent and scandalous question

(1)
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 in issue existed.

Part III Production and Effect of Evidence

Article 147

Procedure of Court in cases of defamation, libel and slander

(1)
When a person is prosecuted or sued 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.

Part III Production and Effect of Evidence

Article 148

Questions intended to insult or annoy

(1)
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.

Part III Production and Effect of Evidence

Article 149

Exclusion of evidence to contradict answers to questions testing veracity

(1)
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.
ExplanationException 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.
ExplanationException 2: If a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, he may be contradicted.

Part III Production and Effect of Evidence

Article 150

Question by party to his own witness

(1)
The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.

Part III Production and Effect of Evidence

Article 151

Impeaching credit of witness

(1)
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 unworthy 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)
[Omitted]
ExplanationExplanation: A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons 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.

Part III Production and Effect of Evidence

Article 152

Questions tending to corroborate evidence of relevant fact admissible

(1)
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.

Part III Production and Effect of Evidence

Article 153

Former statements of witness may be proved to corroborate later testimony as to same fact

(1)
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.

Part III Production and Effect of Evidence

Article 154

What matters may be proved in connection with proved statement relevant under Article 46 or 47

(1)
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 cross-examination the truth of the matter suggested.

Part III Production and Effect of Evidence

Article 155

Refreshing memory

(1)
A witness may, while under examination, refresh 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 it 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:
(4)
An expert may refresh his memory by reference to professional treaties.
ProvisoProviso Provided the Court be satisfied that there is sufficient reason for the non-production of the original.

Part III Production and Effect of Evidence

Article 156

Testimony to facts stated in document mentioned in Article 155

(1)
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.

Part III Production and Effect of Evidence

Article 157

Right of adverse party as to writing used to refresh memory

(1)
Any writing referred to under the provisions of the two last preceding 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.

Part III Production and Effect of Evidence

Article 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 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).

Part III Production and Effect of Evidence

Article 159

Giving, as evidence, of document called for and produced on notice

(1)
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.

Part III Production and Effect of Evidence

Article 160

Using, as evidence, of document production of which was refused on notice

(1)
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.

Part III Production and Effect of Evidence

Article 161

Judge's power to put questions or order production

(1)
The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, 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:
ProvisoProviso 1 Provided that the judgment must be based upon facts declared by this Order to be relevant, and duly proved:
ProvisoProviso 2 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.

Part III Production and Effect of Evidence

Article 162

No new trial for improper admission or rejection of evidence

(1)
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.

Part III Production and Effect of Evidence

Article 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.

Part III Production and Effect of Evidence

Article 164

Production of evidence that has become available because of modern devices or information system etc.

(1)
Depending on the nature of case and circumstances, the Court may, if deem appropriate, allow to be produced any evidence or witnesses recorded by the Court through the modern devices or techniques including video call, viber, skype, imo, whatsapp, facebook messenger, line caller and video conference, etc.

Part III Production and Effect of Evidence

Article 165

Order to override other laws

(1)
The provisions of this Order shall have effect notwithstanding anything contained in any other law for the time being in force.

Part III Production and Effect of Evidence

Article 166

Repeal

(1)
The Evidence Act, 1872 (I of 1872), is hereby repealed.