Section 3: Who May Testify

General Competence: All persons are competent to testify unless they are unable to
understand the questions or give rational answers due to factors like extreme youth, old
age, or mental/physical conditions.

Exceptions: A person convicted of perjury or giving false evidence is not competent

unless the court is satisfied that they have repented and changed.

Islamic Qualifications: The court must ensure a witness's competence based on Islamic
principles laid down in the Qur'an and Sunnah. If no such witness is available, the court
can accept other available witnesses.

Explanation: A lunatic can testify unless their lunacy prevents them from understanding
questions or providing rational answers.

Section 4: Judges and Magistrates

Protection of Judicial Conduct: Judges and magistrates cannot be compelled to answer

questions about their conduct in court or what came to their knowledge as
judges/magistrates without a special order from a superior court.

Illustrations:

(a) A person claims a deposition was improperly taken by a magistrate (B). B

cannot be compelled to answer unless ordered by a superior court.

(b) A person accused of giving false evidence before a magistrate (B) cannot
compel B to disclose what was said unless ordered by a superior court.

(c) A judge can be examined on what occurred if the crime was committed in
their presence, e.g., an attempted murder during a trial.

Section 5: Communications During Marriage

Spousal Confidentiality: Married persons cannot be forced to disclose communications
made during the marriage without the consent of the other spouse unless the case
involves a crime or dispute between the spouses.

Example: A wife is asked in court to disclose something her husband told her privately
during their marriage. She refuses because the law protects such private communications.
However, if the case is a criminal matter between the husband and wife (e.g., domestic
violence), she can be asked to reveal what was said.

Section 6: Evidence as to Affairs of State

Official Records Protection: No one can give evidence based on unpublished state
records without the permission of the department head. The head has discretion in
granting or withholding permission.

Explanation: State records include those related to industrial or commercial activities of

the government, statutory bodies, or companies.( The explanation makes it clear that not
only political or administrative matters are covered. Documents about businesses or industries
run by the government or its agencies are also considered "official records”.)

Example: A government officer is asked to produce a confidential report related to

national defense. The officer refuses, citing that it's an unpublished state document, and
permission from the department head is needed to disclose it. If the department head
decides it should stay confidential, the court cannot force its production.

Section 7: Official Communications

Public Officer's Confidentiality: A public officer can refuse to disclose communications

made in official confidence if the officer believes it would harm the public interest.

Explanation: This includes communications related to industrial or commercial activities

by the government or its controlled entities.
 Example: A police officer is asked to disclose an internal memo sent by his superior officer
discussing a sensitive investigation. The officer refuses to share it because he believes that
making it public could harm ongoing police work and affect public safety.

Section 8: Information as to Commission of Offences

Protection for Magistrates and Officers: Magistrates and police officers cannot be
compelled to reveal the source of information regarding crimes. Similarly, revenue
officers cannot disclose sources of information about offenses against public revenue.

Example: A police officer receives a tip about a drug smuggling operation. In court, he is
asked to reveal who gave him the information. The officer declines, as the law protects
the source of information about crimes to encourage people to report offenses without
fear.

Section 9: Professional Communications

Advocate-Client Privilege:

General Rule of Confidentiality:

An advocate cannot disclose any communication made by or on behalf of their client

during the course of their professional relationship.

This also applies to any documents the advocate has seen or advice they have given as
part of their work for the client.

Exceptions to Confidentiality:

Illegal Purposes: If the client communicates with the advocate to further an illegal act, that
communication is not protected.

Example: If a client tells their lawyer they plan to use a forged document in court,
the lawyer is not obligated to keep that secret.
 Crime or Fraud During Employment: If the advocate observes a crime or fraud happening
after they were hired, they cannot keep it confidential.

Example: If a lawyer notices that the client altered financial records after the lawyer
was hired, the lawyer cannot keep this fact secret.

Obligation Continues After Employment:

The advocate is still bound by this confidentiality even after they stop working for the client.
The duty to maintain secrecy doesn’t end when the lawyer-client relationship ends.

Illustrations (Examples):

Illustration (a): A client tells their lawyer they want to sue using a forged deed. Since
the plan involves illegal activity, this communication isn’t protected, and the lawyer can
(and should) disclose it.

Illustration (b): During a case, a lawyer notices the client added a false entry to their
account books. Because this shows fraud committed after the lawyer was hired, the
lawyer cannot keep it confidential.

Section 10: Application to Interpreters and Others

Scope: The confidentiality obligations in Section 9 extend to interpreters, clerks, and

servants of advocates.

Example: An interpreter working in a meeting between an advocate and their client

overhears confidential discussions. The interpreter is bound by the same rules as the
advocate and cannot disclose what was discussed without the client’s consent.

Section 11: Privilege Not Waived by Volunteering Evidence

No Implicit Consent to Disclosure: If a party testifies in a case, they are not considered to
have waived confidentiality (as mentioned in Section 9) unless they specifically question their
advocate on privileged matters.
Example: A client testifies in their own case but doesn't talk about private
communications with their lawyer. The lawyer’s confidentiality about their private
discussions is still protected unless the client specifically brings it up during testimony.

Section 12: Confidential Communications with Legal Advisers

Legal Professional Privilege: Confidential communications between a person and their

legal advisor cannot be disclosed unless the person becomes a witness and it is necessary
to clarify their testimony.

Example: A person who is suing someone for breach of contract is called to testify. They cannot
be asked to reveal the strategy discussed with their lawyer unless they mention something in
their testimony that makes it necessary for the court to understand their earlier discussions with
the lawyer.

Section 13: Production of Title Deeds of Witness, Not a Party

Protection for Non-Party Witnesses: Non-party witnesses cannot be forced to produce

title deeds or documents if doing so may incriminate them, unless they have agreed in
writing to do so.

Example: A person is called as a witness in a property dispute case. They own a title
deed to a piece of land, but they are not part of the lawsuit. The court cannot force them
to produce the title deed unless they agree in writing.

Section 14: Production of Documents in Another’s Possession

Consent for Document Production: No one can be compelled to produce documents

that another person would have the right to refuse to produce unless that other person
consents.
Example: A company holds confidential documents for another firm. The court cannot
force the company to hand over these documents without permission from the firm that
owns them.

Section 15: Witness Not Excused for Self-Incrimination

Self-Incrimination Protection: A witness cannot refuse to answer relevant questions,

even if the answer may incriminate them. However, the answer cannot be used to arrest,
prosecute, or prove against them in a criminal case, except for perjury.

Example: A witness in a fraud case is asked a question that might reveal their
involvement in another illegal activity. The witness must still answer the question, but
they cannot be arrested or prosecuted based on that answer, except if they lie under oath.

Section 16: Accomplice as a Witness

Accomplice Testimony: An accomplice is a competent witness except in cases

punishable by hadd (Islamic punishments), and a conviction based on their testimony is
valid even if uncorroborated.

Example: In a robbery case, one of the robbers agrees to testify against the others. Even
though the witness is an accomplice, the court can still use their testimony to convict the
other robbers, even if no one else confirms their story.

Section 17: Competence and Number of Witnesses

Islamic Requirements: The competence of witnesses and the number required are
determined by Islamic principles in the Qur'an and Sunnah.
 Financial Obligations: For financial matters or future obligations written down, the
testimony of two men or one man and two women is required.

Other Matters: The court may accept the testimony of one man, one woman, or other
evidence based on the case's circumstances.

 Example (a): In a financial transaction case, a written contract is presented. For it to be

valid, two men or one man and two women must testify that they witnessed the signing of
the contract.
 Example (b): In a civil dispute about property boundaries, the court can rely on the
testimony of a single man or woman if no other witnesses are available.