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QANOON E SHAHADAT ORDER, 1984

Topic Name: - CONFESSION

OUTLINE:
1. PREFACE OR INTRODUTION
2. RELATED ARTICLES

● SUBSTANITIVE LAW

● PROCEDURAL LAW

3. MEANING
4. DEFINITION
5. REQUIREMENTS OF CONFESSION
6. ESSENTIAL CONDITIONS
7. PROCEDURE FOR RECORDING CONFESSION
8. ISLAMIC LAW ABOUT CONFESSION
9. EVEDENTIARY VALUE
10. FORUM OF RECORDING
11. HOW RECORDED
12. DELAY IN RECORDING CONFESSION
13. KINDS OR CLASSES OF CONFESSION

(1)PREFACE OR INTRODUTION:
Confession is an exception to general rule, “that hearsay evidence is no evidence.” The concept of
confession has been derived from Christianity where people when to the pope and acknowledge to the
guilt in front of him.
(2)RELATED ARTICLES:
Article 37 to 43 of the QSO, 1984 and section 163, 164, 364 and 533 of the code of criminal
procedure deals with the confession.

● SUBSTANITIVE LAW:

In Pakistan the substantive law of confession is contained in article 37 to 43 of QSO, 1984.

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● PROCEDURAL LAW:

Procedural law of confession is found section 163, 164, 364 and 533 of the code of criminal
procedure
NOTE: Confession made by accused in one case is not admissible in another case (AIR 2013 SC 1441).
(3)MEANING:
Confession is an oral or written statement in which a person say that he have done something or
committed a crime.
LAW DICITIONARY: “The act of telling person something that makes he embarrassed ashamed etc.
(4)DEFINITION:
An act of confession, especially a disclosure of one’s sins in the sacrament of reconciliation. Only
voluntarily and direct acknowledgment of guilt is a confession (AIR 1998 SC 1406).
NOTE: - When following conditions are present, the confession is said to be not free and will not be
receivable in evidence.

● The confession must be the result of inducement, threat or promise,

● Inducement, threat or promise should proceed from a person in authority,

● It should relate to the charge in a question and

● It should hold some out some worldly benefit or disadvantage.

(5)REQUIREMENTS OF CONFESSION:
o In person,
o Voluntary- voluntary confession means a confession not caused by inducement, threat or
promise,
o Without influence and
o Free of hand cuff.

(6)ESSENTIAL CONDITIONS:
Conditions for relevancy of confession may be described under;
i. It must not cause by inducement, threat or promise (Art.37),
ii. It must not be made to a police officer (Art.38), subject to provisions of Article 40,
iii. It must be made in the immediate presence of a magistrate when the accused is in custody of
police officer (Art. 39),
iv. It must be made after the imprisonment, caused by inducement, threat or promise, has been fully
removed (Art. 41).
v. The confession of an accused is relevant only against himself, subject to the article 43.
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(7)PROCEDURE FOR RECORDING CONFESSION:

(i)When to be recorded:
I. During the course of investigation,
II. After the filling of FIR under section 154 Cr.Pc and
III. Before challan under section 173 CrPC.
(ii)Formalities to be observed:
I. Handcuffs should be removed,
II. Police should be sent out of the court room and
III. Accused to be given time to be ponder.
(8)ISLAMIC LAW ABOUT CONFESSION:
A confession is a statement oral or written made by a person accused of an offence, stating that he
has committed that offence. Confession has been recognized as source of conclusive proof of right and a
crime by the Holy Quran and the Sunnah of the prophet (SAW) and he implemented had merely on the
confession of the accused.
(9)EVEDENTIARY VALUE:
Following are the principles of law for evidentiary value of confession:

● When a man of sound mind and mature age makes a confession in ordinary simple language,
after he has been dully warned, and the court is satisfied that it is voluntarily, true and
trustworthy, it can be made the foundation for conviction (2012 YLR 2395).
● Two essential legal requirements must be fully and objectively satisfied for relying on
confession of an accused, firstly that the confession is made voluntarily and is true and
secondly, that the same must be proved at a trial (2003 YLR1481).
(10)FORUM OF RECORDING:
Confession must be record in court. Basic principle for recording of confession, is to be voluntary,
without any inducement and threat or without any promise.
(11)HOW RECORDED:
Judicial confession must be recorded in the manner provided by section 364 CrPC.
(12)DELAY IN RECORDING CONFESSION:
Delay in recording confession statement, purse is no ground to discard the same unless it is proved or
show from circumstances that it is obtained by coercion, threat or pressure etc. (2002 PCr.LJ 1404).

(13)KINDS OR CLASSES OF CONFESSION:

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(i)JUDICIAL CONFESSION:
A judicial confession is that which is made before the magistrate or in court in the due course of legal
proceeding. That which is recorded under sections 164 and 364 of the code of criminal procedure.
(ii)EXTRA-JUDICIAL CONFESSION:
A confession which is neither made to a magistrate nor in the course of legal proceeding is an extra-
judicial confession. A confession made before a magistrate in his private capacity is an extra-judicial
confession.

Topic Name: - PLEA OF ALIBI

OUTLINE:
1. Preface or introduction
2. Meaning
3. Relay Articles
4. Definition
5. High probable or improbable
6. Essentials
7. Bardon of proof
8. Evidentiary value
9. Limitation
10. Nature of plea
(1)PREAFACE:
Plea of alibi is that form of defense through which accused attempts to prove to that he was in some
other place at the time when alleged offense was committed. In fact criminal’s law have provided accused
different defenses to prove his income against accusation. No doubt, PLEA OF ALIBI is of such defense.
However plea of alibi is considered different from all other such defenses.
(2)MEANING:
Plea is a Latin word, which means “elsewhere”. And plea of alibi means that accused was physically
not present at time of scene of offense because he was present at another place.
For example, if accused suggests to court that he was somewhere else at time of commission of
alleged offense, such suggestion is called “Plea of alibi”.

(3)RELAY ARTICLE:
Article 24 of Qanoon e Shahadat order, 1984 deals with such defense (Plea of alibi).
(4)DEFINITION:
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“The plea of absence of a person accused from the place of occurrence, at the time of commission of
the offense is called the “Plea of alibi”.
(5)HIGHLY PROBABLE OR IMPROBABLE:
The term “Highly Probable or Improbable” in clause 2 of Article 24 of the QSO, 1984 point out that
the connection between the facts and issue and collateral facts sought to be proved must be so immediate
as to render the existence of the two highly probable, only such facts are made admissible by these words
as would carry great weight with the court in reaching in conclusion with regard to existence or non-
existence of a fact in issue or relevant fact. It is not merely probability but high degree thereof that is
envisaged [AIR 1971 punj.9].

(6)ESSENTIAL OF PLEA OF ALIBI:

Following are the essentials of plea of alibi;
i. A person taking of alibi must be accused of an offense,
ii. He must be plead his absence elsewhere, at the time of the commission of alleged (suspect)
offense,
iii. Plea of alibi should be taken at the earliest stage of investigation or inquiry,
iv. It should be impossible for him to reach the place of occurrence at the time of commission of
offence. Therefore the plea should be ever the whole time of alleged offence.
(7)BURDON OF PROOF:
Under article 119, it is established rule of evidence that Burdon of prove of alibi is on the accused
which is to be proved in accordance with law.

● QUANTUM OF PROOF:

The quantum of proof required to prove a plea of alibi various from case to case. But in most case the
accused has strictly prove his plea.

● ABSANCE AND PRESENCE:

To prove his innocence against accusation, accused is required to raise reasonable question about his
absence in plea of offence at a time of commission of offence and about his presence in some other plea
at such time.

(8)LIMITATION:
Permissible only in criminal cases not in civil suits.
(9)EVEDENTIARY VALUE:
The plea of alibi is postulate the physical impossibility of the presence of the accused at the scene of
the offence by reason of his presence at another place.
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The plea can therefore, succeeds only if it is shown that the accused was so for away at the relevant
time he could not be present at the place where the crime was committed [AIR 1981 SC 911].
(10)NATURE OF PLEA:
Plea of alibi is the weakest type of plea and cannot not be given any weight unless some is proved
from very cogent, convincing and plausible evidence [2002 YLR137]. Plea of alibi should be raised at the
earliest time or stage [2016 MLD 1700].

Topic Name: - ADMISSION

OUTLINE:
1. Introduction or preface
2. Meaning
3. Definition
4. Related article
5. Essential elements
6. Basic requirements
7. Legal significance
8. Nature of admission
9. Who may record admission
10. Evidentiary value
11. Kinds of admission
12. Case laws
(1)INTRO OR PREFACE:
The acid test which distinguishes confession from admission is that where a conviction can be based
on the statement alone it is a confession and where some supplementary evidence is needed to authorize a
conviction it is admission [AIR 1959 A11 (DB)].
(2)MEANING:
Oxford dictionary, admission is a statement, oral or documentary way in certain fact.

(3)DEFINITION:
As the wording of article 30 of the QSO, 1984 admission is defined as;
“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”.
CASE LAW DEFINITION:
“An admission is a concession or voluntary acknowledgment made by a party or anyone identify with
him in his legal action of the existence of certain facts which are in issue or relevant to an issue in a case”
[AIR 1957 all 1].
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(4)RELY PROVISIONS (ARTICLE):

Article 30 – 36 of the QSO, 1984 deals with “ADMISSION”.
(5)ESSENTIAL ELEMENTS:
The definition of admission provides for the following constituting elements of the Admission I.e.;
i. It must be a voluntary, complete and clear statement,
ii. The statement can be either oral or documentary,
iii. It must suggests some inference as to any fact in issue or relevant fact,
iv. It must be made by any person or on his behalf,
v. It must be made under the circumstances mention in QSO, 1984 and
vi. It can be either express or implied.
ILLUSTRATION:
Mr. A undertakes to collect rents for Mr. B. Mr. B sues Mr. A for not collecting rent due from Mr. C
to Mr. B. Mr. A denies that rent was due from Mr. C to Mr. B.
A statement by Mr. C that he owed rent is an admission, and is relevant fact as against Mr. A if Mr. A
denies that Mr. C did owe rent to Mr. B.

(6)BASIC REQUIREMENTS:
The rule regarding the admissibility of the admission areas;
i. Admission must be made in favor of opposite party,
ii. Admission must be taken as whole,
iii. Admission must be clear and definite,
iv. Admission must not be suspicious and
v. Admission must be based upon the personal knowledge.

(7)WHO MAY RECORD ADMISSION?

Under the QSO, 1984 following persons can make admission;
i. Parties to the proceedings itself,
ii. Parties to the proceedings by their agent and
iii. Agent, pleader, attorney and counsel.

(9)EVIDENTIARY VALUE:
An admission constitutes a substantive piece of evidence in the case and in for that reason can be
relied upon for proving the truth of the facts incorporated therein.
(10)KINDS OF ADMISSION:
There are two kinds of admission;
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(i)JUDICIAL-ADMISSION:
Judicial admission means before the court or competent judge empower by law.
(ii)EXTRA-JUDICIAL ADMISSION:
Out of the limit of court like police officer or doctor or any other who is are the authority of court or
not empowered by law.

Topic Name:-IDENTIFICATION PARADE:

OUTLINE:
1. Objective
2. Relevant provision
3. Meaning
4. Necessity of identification parade
5. Purpose of identification parade
6. When identification parade should be conducted?
7. Who conduct
8. Limitation
9. Mode of conducting
10. Rules relating to identification parade
11. Consequences of delay
12. Evidentiary value
(1)OBJECTIVES:
Object of identification parade are enable witness to identify these person or things, which are
involve in a commission of offence and which are previously authority on involvement of such person or
thing in commission of offence. Identification parade is related to those facts which are declared as
relevant fact about place, name, person or date. The conduct of identification parade is part of
investigation.
(2)RELEVENT PROVISION:
Article 22-24 of QSO, 1984, section 161 of CrPC. Chapter 11, C voll: 3 High court rules and order.
Rule 26-32 Police Rules.
(3)MEANING:
Identification parade means identification of stranger offender, who is not previously known to the
witness.
(4)NECESSITY OF IDENTIFICATION PARADE:
Identification parade become essential and inevitable only when a witness gets a momentary glimpse
of the accused and he claims that he would be able to identify the accused [2011 SCMR 877].
Holding of identification test becomes necessary in case where names of accused persons are
mentioned in the FIR.
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(5)PURPOSE OF IDENTIFICATION PARADE:

Identification parade s always held for two purposes;
I. To establish the identity of the culprit and
II. To pin-point the role played by him in the commission of offence [2017 MLD 1147].
(6)WHEN IDENTIFICATION PARADE SHOULD BE CONDUCTED?
Identification parade should be conducted at the earliest possible stage or time because the witness to
identify the accused easily, as by the lapse of time of memory may fade.
(7)WHO CONDUCTS?
Identification parade is conducted by a magistrate having jurisdiction to do so [Magistrate section
30].
(8)LIMITATION:
Identification parade is relevant in both civil as well as in criminal cases.
(9)MODES OF CONDUCTING:
Identification parade is conducting or carried out by modern devices of tap-recorders, cameras,
videos, audios or sometimes with the help of animals like dogs etc is taken.
(10)RULES RELATING TO IDENTIFICATION PARADE:
Following rules are relating to identification parade;

⮚ TIME: should be conducted at the earliest possible time.

⮚ SUPERVISION: always supervised by a Magistrate having jurisdiction.

⮚ PLACE: Conducting, generally in jail or some other secured places.

⮚ INVESTIGATION OFFICES: After beginning of identification parade, investigation officer or

any police officer, who helps investigation officer, should not have any access to identifying
witness.
⮚ BRINGING OF WITNESSES FOR IDENTIFICATION: It is necessary that witnesses should be
brought separately for identification parade.
(11)CONCEQUNCES OF DELAY:
Unexplained delay in holding of identification parade of accuse creates serious doubt in story of the
prosecution [2014 PC.r.LJ 1215]. Identification parade held after 12 to 15 days losses its evidentiary
value.
(12)EVIDENTIARY VALUE:
When witness pepos during the identification parade that he has seen some of persons who are
present in identification parade, on time, date and place of incident, it is considered that such deposition
has corroborative value.
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Another view is that identification parade can be substantive evidence especially when proper
procedure is adopted for holding of identification and all legal requirements are fulfilled [1992 PCr. LJ
1122, 1989 PCr. LJ 2227].

Topic Name: - ACOMPLICE:

OUT-LINE:
1. Meaning
2. Definition
3. Relevant provisions
4. Cross reference
5. General rule as to liability of prosecution
6. Evidence of accomplice in hadd
7. Explanation of article 16 and 129(b)
8. Nature and extent of corroboration
9. Rule of law and rule of prudence
10. Islamic view
(1)MEANING:
The term “ACCOMPLICE” signifies a guilty associate in crime or who makes admission of fact
showing that he had a conscious hand in offence.

(2)DEFINITION:
The word ACCOMPICE has not been under the QSO, 1984. An ACCOMPLICE means a person who
has taken part in the commission of a crime.
An ACCOMPLICE is a person supposed to be directly or indirectly concern in or privy to the offence
[1995 MLD 1663].
(3) RELEVENT PROVISIONS:
Article 16 and 129 of the QSO, 1984 deals with APPROVER or ACCOMPLICE.
(4)CROSS REFFERENCE:
Section 337, 359 CrPC.
(5)GENERAL RULE:
It is the duty of prosecution to prove a case beyond any shadow of reasonable doubt.
(6)EVIDENCE OF COMPLICE IN HADD:
As clear mentioned in the article 16 of the QSO, 1984, evidence of an accomplice is not admissible at
all in case of an offence punishable with had [1994 SCMR 932].
(7)EXPLAINATION OF ARTICLE 2 AND 129(B):
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Article 2 states that accomplice shall be competent witness against an accused person, except in the
case of an offence punishable with had and a conviction is not illegal merely because it proceeds upon the
uncorroborated testimony of an accomplice.
The cautionary rule however, is embodied in article 129, illustration (b) which provides that an
accused ought not to be convicted on the evidence of accomplice alone and that such evidence ought to be
corroborated in some material respect implicating the accused in order to justify is conviction.
The combined effect of article 16 and 129 illustration (b) is that though a conviction based upon
accomplice evidence is legal the court will not accept such evidence unless it is corroborated in materials
particulars. The corroboration must connect the accused with the crime. It may be direct or circumstantial.
One accomplice cannot corroborate another [AIR 1970 SC 45].
(8)NATURE OF EXTENT OF CORROBORATION:
The evidence required in corroboration of approver’s, evidence should be satisfactory and reliable
and should be derived from independent and unimpeachable source and circumstances. Further it is not
necessary for the corroboration evidence to be always direct. It may be circumstantial.

(9)RULE OF LAW AND PRUDENCE:

Conviction I some cases though, can be recorded on the testimony of approver, but rule of prudence,
which has crystalized into a rule of law, require that, it alone cannot be made basis of conviction, unless it
is corroborated by independent, impartial and impeachable source.
Under article 16, though conviction can be made based on the sole statement of approver, but such is
no advisable. As a rule of prudence, statement of approver should not be accepted as a gospel truth and
such person cannot who has betrayed his or her own comrades.
(10)ISLAMIC LAW:
Article 16 of QSO, 1984 so provided (except in case of offence punishable with hadd) that sole
testimony of an accomplice, without independent corroboration will not render the conviction illegal. It
will come into conflict with the injunction of Islam. Because Islamic evidence law says that a testimony
of an accomplice alone is not sufficient to based conviction of a co-accused, unless corroborated by other
piece of evidence.

DYING DECLERATION:
INTRODUCTION:
Article 46(1) of the Qanoon e shahadat order, 1984 deals with dying decoration. General presumption
is that dying person usually speaks truth. And also ancient principle is, “no one of point of death should
be presumed to be lying”.
RELEVENT PROVISION:
Article 46(1) of QSO, 1984.
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MEANING:
Dying declaration means a statement by that person, who believes that is imminent especially when
such statement relates to cause of circumstances of such person’s impending death.
DEFINITION:
“Statement by a person who believes that he near to die by some reason inflicted on him by some
persons.
FORMS OF DYING DECLERATION:
A dying declaration may be made in following forms;
I. Written,
II. Oral,
III. By single either by A signs and B gestures.
EXPLANATION OF ARTICLE 46(1):
According to article 46(1), dying declaration are statements made by a dying person as to the injuries
which culminating in his death or the circumstances under which the injuries were inflicted.
FOR EXAMPLE:
If Mr. A has been assaulted by Mr. B or has been attacked by Mr. B, and dies Mr. A shortly before
his death makes a declaration holding Mr. B responsible for the injuries inflicted on him with spear. The
statement of Mr. A is admissible as it relates to the cause of his death as a dying declaration as the trial
against Mr. B.
DYING DECLARATION IS AN EXCEPTION TO HEARSAY RULE:
Hearsay means a statement made otherwise than a person while given oral evidence in the
proceedings which is tendered as evidence of the matter stated.
The provision of article 46, inter alia providing admissibility of dying declaration in evidence, is
exception to hearsay rule. The exception to hearsay evidence has been directed by necessity. The general
grounds of admissibility of the evidence referred to article 46 is that no batter evidence could be
produced.
INGREDIENTS OF DYING DECLERATION:
To sum up dying declaration is the combination of the following ingredients:
I. It relates to the cause of death.
II. It includes circumstances with resulted into the death.
III. It is relevant when the cause of declarant death’s death comes into question whatever may be
the nature of proceedings irrespective of the facts whether such statement made under the
expectation of death or otherwise.
PRINCIPLES OF DYING DECLARATION:
I. There is no specified form before whom such declaration is required to be made.
II. There is no bar that it can be made before a private person.
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III. Dying declaration can be oral.

IV. There is no legal requirements that the declaration must be read over it must be signed by its
maker.
V. Corroboration of dying declaration is not a rule of law, but requirements of prudence.
CONDITIONS FOR RELEVANCY AND ADMISSIBILITY OF DYING DECLARARTION:
I. The declarant must have died: for a statement to be admissible as a dying declaration, the
declarant must die after making the statement.
II. The dying declaration must be a statement written or verbal: The dying declaration may be
written or verbal which includes oral, signs and gestures.
III. The declaration must be complete.
IV. Dying declaration must be taken as a whole.
V. Declaration should be precise.
VI. The declaration must be competent.
WHO ARE ENTITLED TO RECORD THE DYING DECLARATION?
A dying declaration may be made to;
I. Police officer,
II. A doctor or
III. Any person.
NOTE: But if dying declaration is made to a magistrate and is recorded by him, then it will have greater
evidentiary value.
PROCEDURE FOR RECORDING DYING DECLARATION:
I. Certification by the medical officer as to the mental and physical fitness of declarant.
II. Should be conscious and voluntary.
III. Should be precise and complete.
IV. Must be made soon after the alleged incidents.
V. Must have been recorded in the exact words in which it is made.
VI. Signature of thumb impression of the declarant be taken.
PROOF OF DYING DECLARATION:
When dying declaration is verbal it can be proved by examining the person in the presence the
statement was made. The dying declaration may be proved by the evidence of witness who heard it being
made.
Where the declarant mentions the name of accused person in the presence of doctor who give him
preliminary treatment and the doctor’s evidence is found to be very clear and unshaken in any manner in
the cross examination, the dying declaration is reliable.
WHEN DYING DECLARATION CAN NOT BE TAKEN INTO CONSIDERATION:
I. If it is incomplete.
II. False.
III. Suspicious circumstances
IV. Tutoring.
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V. Delay.
VI. When death not due to the injuries in the same occurrence.
VII. Declarant person of unsound mind.
CASE LAWS
These are the following case laws which are related with dying declaration

Case Laws: 1978 PCRLJ 507 (D.B)

Held. It was held that a dying declaration true and genuine is sufficient for conviction.

Case Laws.2001PCRLJ268

If the dying declaration does not suffer from any infirmity it is sufficient to warrant conviction for an
offence.

Case Laws. 1995PCRLJ 1784

Where dying declaration is made by deceased was based on true facts and was supported by
unimpeachable testimony of prosecution witnesses, medical witnesses, site plan, recoveries and
ascendance of accused. Conviction and sentence of accused were upheld.

Case Laws.NLR2004 CR715=PLD2004SC367

Dying declaration made soon after the incident or at a time when deceased expected death deserves great
weight and cannot be discarded merely on assumption that it was the result of consultation/deliberation.

Case laws: 1973 SCMR26

A dying declaration which is incomplete upon its face is inadmissible in evidence because no one can tell
what the deceased might have added.

It is quite clear from the above discussion that the declaration duly proved can be basis of conviction.
This piece of evidence is made in extremity. When the party is at the point of death and when every hope
of this world is gone and the mind is adduced by the most powerful considerations to speak the truth.
However great care must be taken in to consideration while admitting it into evidence. As it is the primary
principle of law that an innocent person should not be convicted no matter if hundred criminals are
acquitted. So the rule of prudence requires corroboration of dying declaration with material evidences on
record.