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‫مسب ہللا نمحرلا میحرلا‬

LAW OF EVIDENCE-I

Course Title:
1984 ،‫قاونن شھادت آرڈر‬
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Course Code: LLB 4321
Cr. Hrs. P/W: 3
Total Cr.Hrs 45
Total Week: 15 week
Teacher Tayyab Haneef

Introduction/Objectives:
This is an important course for law students to understand the application of the rules of evidence. It is divided
in to two modules. The course will cover both the substantive as well as procedural rules of evidence; theories
and policies of the Law of Evidence. It will cover relevancy and admissibility of evidence, modes of proof and
the production and effect of evidence. The objectives are to inculcate a critical appreciation of the issues and to
prepare students for professional practice. The course is absolutely necessary for students to grasp the rules of
evidence before joining legal profession.
Course Contents
All provisions of Qanoon-e-Shahadat 1984 as amended up to-date
Part 1. (Relevancy of Facts)
 Chapter 1
i. Preliminary

 Chapter 2
i. Witnesses
a. Who may Testify

 Chapter 3
i. The Relevancy of the Facts
a. Admission
b. Statement by persons who cannot be called as Witness
c. Statement made under Special Circumstance
d. How much of a Statement is to be Proved
e. Judgment of Court of Justice when Relevant
f. Opinion of third Persons when Relevant
g. Character when Relevant

 Chapter 4
i. Oral Evidence
a. Proof of Facts by oral Evidence
b. Oral Evidence must be Direct

 Chapter 5
i. Documentary Evidence
a. Public Documents
b. Presumptions as to Documents
 Chapter 6
i. The Exclusion of Oral by Documentary Evidence

Assessment Exercise Per cent Marks

Sessional Work (Quizzes/Test(s)/Assignment(s)/Term Paper, etc.) 25%
Mid-Semester (Mid Term) Examination 30%
Attendance / Participation in Course 5%
End of Semester (Final) Examination 40%

Recommended Reading:
1. Chaturvedi, Gopal. S Field’s Law on Oral and Documentary Evidence, 2nd edn. Delhi: Delhi Law House, 2002.
2. Chaturvedi, Gopal. S Field’s Law Relating to Estoppel 3rd edn. Delhi: Delhi Law House, 2003.
3. Chaturvedi, Gopal. S. Field’s Law on Admissions and Confessions, 2nd edn. Delhi: Delhi Law House, 2003.
4. Mahmood, Shaukat. The Law of Evidence: An exhaustive commentary on Qanun-e-Shahadat Order, 1984, 2nd edn.
Lahore: Legal Research Centre, 1991.
5. Murphy, Peter. Murphy on Evidence. Oxford: OUP, 2009.
6. Rahman, Justice Khalilur. Principles & Digest of the Qanun-e-Shahadat, Commentary adapted from Justice Monir’s
Principles and Digest of the Law of Evidence, 6th edn. Lahore: PLD, 1993.
7. Rao, Kesava. Law of Evidence, 18th edn. Nagpur: LexisNexis, 2009.
8. The Text of the Qanun-e-Shahadat Order, 1984 with commentary.
9. Zafar, Emmanuel. Art of Cross Examination. Lahore: Eastern Law Book, 1995.

Tayyab Haneef Law of Evidence-I Lahore Leads University

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Part I. (Relevancy of Facts) 1984 ‫قاونن شھادت آرڈر‬

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Chapter 2
Of Witnesses

Competency of Witnesses
LECTURE # 01

1. Introduction
2. Concept of Competency of Witness

3. Relevant Law with Provision (Article 3 of Qanun-e-Shahadat Order,1984)

Cross Reference: Section. 17 , QSO,1984.

4. Qualification for Witness

A. General Rule
(All Persons shall be competent to testify)

B. Criteria for witness

1) Not Prevented from Understanding the Questions
i. Tender years
ii. Extreme old age
iii. Disease of body or mind
2) Capability of giving Rational Answers
3) Not Convicted by court for Perjury/False Evidence
4) Determination of Competence under Islamic Injunctions (‫)زتکیۃ الشہود‬
(And it is upon court to determine the competency of any witness)
5. Disqualification for Witness
1) Prevented from Understanding the Questions
i. Tender years
ii. Extreme old age
iii. Disease of body or mind
2) Incapable to give Rational Answers
3) Convicted by court for Perjury/False Evidence
4) Not Determination of Competence under Islamic Injunctions
5) Declared incompetent by specific laws
i. Female in Hudood Cases
ii. Person known for his lying
iii. Interested witness
iv. In case of Qazaf

6. General Presumptions
*(A person is competent to testify unless he is prevented by his ……….. from understanding
the questions put to him and giving rational answers to them)
A. Child as Witness
B. Lunatic as Witness
C. Deaf as Witness
D. Dumb as Witness
E. Old man as Witness
F. Convicted Person*

7. Conclusion

Tayyab Haneef Law of Evidence-I Lahore Leads University

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Part I. (Relevancy of Facts) 1984 ،‫قاونن شھادت آرڈر‬

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Chapter 2
Of Witnesses

WITNESSES WHO CAN NOT BE COMPELLED

LECTURE # 02

1. Introduction
2. Meaning of Compelled Witnesses

3. Relevant provisions with Law (4 to 14 of Qanun-e-Shahadat Order,1984)

4. General Rule
(All persons shall be competent to testify as witnesses and they may be compelled to
give evidence before the court)

5. Exceptions

1) Judges and Magistrate U/A 4

2) Husband and Wife U/A 5
3) Any one related to affairs of state U/A 6
4) Public Officers U/A 7
5) Police, Magistrate and Revenue Officers U/A 8
6) Legal Practitioners, clerks and their Clients U/A 9,10,11,12
7) Witness who is not a party to the suit U/A 13
8) Person in possession of documents U/A 14
(Please see the relevant Articles for details)

8. Conclusion

Tayyab Haneef Law of Evidence-I Lahore Leads University

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Part I. (Relevancy of Facts) 1984 ،‫قاونن شھادت آرڈر‬

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Chapter 2
Of Witnesses

PROTECTION AGAINST INCRIMINATION QUESTIONS

LECTURE # 03

1. Introduction
2. Meaning of Incriminating Questions

3. Relevant provision & Law (15 of Qanun-e-Shahadat Order,1984)

Cross Reference. Section , 340 (2) Cr.P.C.
4. Distinction between English Law and Pakistani Law

a) English Rule: ( A witness is not to be compelled to answer any question which

would expose him to a criminal prosecution)
b) Pakistani Rule: ( A witness is to be compelled to answer any question which
would expose him to a criminal prosecution)

5. Essentials of Article 15
I) No excused from answering

II) Matter be in issue

III) Any proceedings(civil or criminal)

IV) Criminate, penality or forfieture

6. Immunity Allowed to Witness U/A 15

I) Not Arrest or Prosecution

II) Not be proved against him

Exception (be proved in false evidence)

7. Conclusion

Tayyab Haneef Law of Evidence-I Lahore Leads University

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Part I. (Relevancy of Facts) 1984 ،‫قاونن شھادت آرڈر‬

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Chapter 2
Of Witnesses

Accomplice Witness
LECTURE # 04

1. Introduction
2. Meaning of Accomplice

3. Relevant provision & Law (16 of Qanun-e-Shahadat Order,1984)

Cross Reference. Section , 129 (b) QSO,1984.
4. Competency of Accomplice Witness
A) General Rule: (Competent witness)
B) Exception: (Not competent in Hudood cases)

5. Evidentiary Value of an Accomplice

(Conviction can be based solely on the evidence of accomplice. Factually, it is a very weak type
of evidence which requires corroboration)
6. Presumption of Court U/A 129(b)
a) Unworthy of Credit
b) Corroboration in material particulars
(Reasons: * Shift the guilt to another*Immoral person*under Pardon)

7. Combined effect of Article 16 and 129(b)

8. Conclusion

Tayyab Haneef Law of Evidence-I Lahore Leads University

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Part I. (Relevancy of Facts) 1984 ،‫قاونن شھادت آرڈر‬

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Chapter 2
Of Witnesses

Competency and Number of Witness

LECTURE # 05
1. Introduction
2. Meaning
3. Relevant Law with Provision (17 of Qanun-e-Shahadat Order,1984)
Cross Reference. Section , 3 QSO,1984

4. Determination of Competence & Numbers of Witness

I. Be determined in accordance with the injunctions of Islam

II. No particular numbers are required in any case for the proof of any fact

5. Number of Witnesses in in Different Cases:

1) In Huddood cases

(Only male, adult, qualified Witness shall testify in Hudood cases)

a) Two Witnesses ( i.e Theft,Hirabah,Drinking Alcohal,Qazaf)
b) Four Witnesses ( Zina)

2) In Special Laws
(The number of witnesses shall be followed as prescribed by any special law)

3) In Matters Pertaining to Financial or Future Obligations

a) Two Men OR
b) One man and Two Women

4) In All Other Matters

a) One man OR
b) One Woman

6. Conclusion

Tayyab Haneef Law of Evidence-I Lahore Leads University

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Part I. (Relevancy of Facts) 1984 ،‫قاونن شھادت آرڈر‬

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Chapter 2
Of Witnesses

Identification Parade
LECTURE # 06
1. Introduction
Identification is an important process in the administration of justice. Where the Court
has to know the identity of anything or any person, any fact, which establishes such
identity, is relevant. The identity of person can be established by the evidence of persons,
who know him. Identification parades are held for the purpose of identifying the persons
concerned in an offense or the properties, which are subject matter of an offense. During
the course of investigation test identification parades are arranged by the police either in
jail or at some other place. Certain persons are brought to such a place and the accused
person mixed with them. In case of Property, the property recovered is mixed with some
other properties / articles of similar description. Then the Magistrate or police will ask the
witness to identify the property in question or the accused person. It is admissible
evidence in the court.
2. Meaning
it is an examination procedure conducted by the magistrate during the course of
investigation, for the purpose of identifying a culprit or thing through victim or witness
3. Relevant Law with Provision (22 of Qanun-e-Shahadat Order,1984)
(Facts necessary to explain or introduce relevant facts….)
4. When identification parade should be conducted
Identification parade should be conducted at the earliest possible time because the
witness to indentify the accused easily, as by the lapse of time of memory may fade.
Identification parade held after 12 to 15 days loses its evidentiary value.
5. . Modes of conducting identification Parade
It is conducted or carried out by modern devices of tape recorders, cameras, videos, audios
and maps or sometime the help animals like dog etc is taken.
6. Rules relating to identification Parade:
a) Earliest possible time
b) Supervised by a magistrate
c) Place (court/jail or some other secured place)
d) Separation of witness
e) Dummies
7. Relevancy And Evidentiary Value Of Identification:
a) Corroborative Evidence
Identification test of accused person cannot as a rule form sufficient basis for
conviction, yet can necessarily be used in support of other evidence against them.
b) Admissible Evidence:
The fact of identification in a parade by itself not substantive evidence but is admissible
under article 22, and provides strong corroboration to the identification made in court.
8. Conclusion

Tayyab Haneef Law of Evidence-I Lahore Leads University

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Part I. (Relevancy of Facts) 1984 ،‫قاونن شھادت آرڈر‬

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Chapter 2
Of Witnesses

Plea of Alibi
LECTURE # 07

1. Introduction
Alibi is a plea of defence, (in respect of innocence of accused) by which the accused suggests
to the court that he was somewhere else at the time of commission of alleged offence. In
fact, criminal Laws have provided accused different defences to prove his innocence against
accusation. No-doubt, plea of alibi is one of such defences.
2. Meaning of Plea of Alibi
Alibi is a Latin word, which means elsewhere. And plea of alibi means that accused was
physically not present at time of scene of offence because he was present at another place.

3. Relevant Law with Provision (24 of Qanun-e-Shahadat Order,1984)

(When facts not otherwise relevant become relevant…)

4. Cases arise U/A 24

1) Plea of Alibi
2) Non-Access to Husband
3) Survival of Alleged Deceased
4) Commission of Offence by Third Person
5) Self-infliction Injury

5. Essentials of Plea of Alibi

1) Accused Person
2) Absence from place
3) Covering the entire time
4) Raised at earliest opportunity

6. Burden of Proof
The burden of proving this plea is on accused, and if that person succeeds in establishing that
plea, he will be entitled to acquittal.
.
7. Evidentiary Value
Plea of alibi is considered as the weakest type of plea. It must be supported by strong
evidence. If Accused succeeds in establishing that plea, he will be entitled to acquittal.

8. Conclusion

Tayyab Haneef Law of Evidence-I Lahore Leads University