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April 24, 2014

Introduction of Qanun-e-Shahadat Order 1984 in Pakistan, Evidence Act 1872

The Qanun-e-Shahadat Order 1984 is very important piece of legal document in Pakistan. It repealed the Evidence Act of 1872. Qanun-e-Shahadat Order was made law by President Zia-ul-Haq in 1984. It governs the law related with evidence in all law courts of Pakistan. The Qanun-e-Shahadat 1984 is an objective law. It is the compendium of rules of procedure/practices according to which the court is to record evidence of the parties. It prescribes rules, methods with regard to evidence of parties. This order except with few exceptions, and the repealed Evidence Act, 1872 are subjectively the same but objectively they are poles apart. It is an admitted position that all Articles or the Order 1984 are substantially and subjectively mere reproduction of all sections of the repealed Act with exceptions of Article 3, Article 4 to 6(with reference to Hudood), addition of Article 44 and addition of a proviso to Article 42 if compared with corresponding sections of the repealed Act. Similarly the term “Qanun-e-Shahadat” is only an Urdu or Arabic translation of English term “Law of Evidence”.
The significant change made in the Qanun-e-Shahadat is that “Courts-Martial” covered under the Army Acts besides a tribunal or other authority exercising judicial or quasi judicial powers or jurisdiction have been included. The repealed Evidence Act, 1872 was applicable to “affidavits” but in the Qanun-e-Shahadat Order, 1984, affidavits are not immune from its application. Only the proceedings saved are the proceedings before an Arbitrator, the reason thereof is obvious that award, if any, announced by the Arbitrator is subject to strict scrutiny under the Arbitration Act, 1940.
The Object of Qanun-e-Shahadat Order is evident from its preamble which has never been the object of the repealed Evidence Act. With reference to the preamble, Intention of object of introduction this Order, as stated therein, is to bring the all laws of evidence in conformity with the injection of Islam as laid down in the Holy Quran and Sunnah. As interpretation of all articles of Qanun-e-Shahadat must be done in conformity with the injection of Islam as laid down in the Holy Quran and Sunnah instead of adopting old interpretation of the repealed Evidence Act, 1872. However, principles of Islamic Law of evidence so long as they are not codified or adopted by Qanun-e-Shahadat, 1984 are not per se applicable Order apply to all judicial and quasi judicial proceedings. All technicalities have to be avoided and callas for doing substantial justice between parties are to be heeded.


The Tribunals especially in cases where they are required to adjudicate upon the civil rights of the parties are under an obligation to act judicially and are bound to follow the fundamental rules of evidence and fair play which are embodied in the principles of natural justice. They are required to give an opportunity to the party affected, make some kind of inquiry, and give a hearing and to collect evidence, if any. Considering all the facts and circumstances bearing on the merits of the controversy before any decision is given by them. There are the essential elements of a judicial approach to the dispute. Prescribed forms of procedure are not necessary to be followed provided in coming to the conclusion these well-recognized norms and principles of judicial approach are observed by the tribunal. Jurisdiction of a court within whose territorial limit, cause of action or part thereof would arise cannot be contracted out by parties.

Comments

  1. Asslam o walaikum

    SIR,

    I AM A LAW STUDENT I NEED YOUR GUIDENCE ON THE TOPIC OF CROSS EXAMINATION AND ITS UTILITY IN QUASI JUDICIAL HEARINGS. I WOULD APPRECIATE IF YOU GUIDE ME ABOUT SAID TOPIC’S MATERIAL, CASE LAWS AND REFERENCE BOOKS.

    THANKS IN ADVANCE.

  2. administrator
    thanks for your reply but i couldn’t find your email about books if you can send me about books on my email addresss i would be very thankful to you.

    thanks.

  3. kindly guide me under which provision of law a voluntary statement could be made during cross examination. secondly whether voluntary statement for clearance sake could be made by the witness during his cross examination.

  4. Mehmood Abbasi says:

    Pls clear The quanan Shahdat in Rnt case

  5. Shabbir Rana says:

    Asslam o walaikum

    SIR,

    I AM A LAW STUDENT I NEED YOUR GUIDENCE ON THE TOPIC OF Urdu version of Qanun e shahdat 1984
    THANKS IN ADVANCE.

  6. muhammad asif junejo says:

    which is the most appropriate book for study of qanon e shadat plz mention us that we may proceed our study.

  7. Dear Administrator.

    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks.

    • @Raja
      Criminal Major Act (name of book) contain all these topics

    • Zafar Iqbal says:

      AOA,

      Dear Sir,

      I shall very thankful if help me following topics/areas.

      1. Investigation chapter of ” Criminal procedure Code”
      2. ” Qanun e Shahdat Order”
      3. Basic knowledge of PPC
      4. Basic knowledge of Narcotics substances Act 1997.
      5. Effects of illegal/drug money on economy of country.
      6. Types of drugs and international trafficking routes.

      I have to appear in FPSC test, that test is MCQs format.
      plz help out in these above mentioned topic.

      thanks.

    • @ Admin

      Thanks for Recommended Book

  8. wahid bakhsh says:

    aslam.o.alikum wr..wb…
    dear sir,
    I need your guidance on basic knowledge of QANOON.E.SHADAT because said topic is part of my examination held on 23.12.2011 for antinarcotics . I will be thankfull to you if you guid me about the said topic thanks

    • @WAHID
      You should study complete act for details

      • Dear Admin,

        Please guide me is there any materiel in MCQ’s related to below mentioned topics…
        1. Investigation chapter of Criminal procedure Code
        2. Qanun e Shahdat Order
        3.Basic knowledge of PPC
        4. Basic knowledge of Narcotics substances Act 1997.

        An urgent response is requested…..

    • Mehmood Sultan says:

      I am Mehmood Sultan and i am belong from Attock City. It is there for request to you please share with me valuable data of(LLB) Law notes all three years. I am waiting for yours postive reply. Thanx

  9. I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks.

    • Asfandyar khan says:

      ppc. pakistan penal code is all about the offence and define the punishment for the offences .and all those act which is punishable by law is called offences.try to study pakistan penal code
      it will give you all that which ou need and which you want

      crpc.is all about the procedure that what procedure will be foolow for the offender to punish them
      and investigation is always doing the police officer or other person which a magIstrate think fit but investigation is about to collect evidence about the offence
      2 inquiry it is in complaint case which a magistrate will do by any man which he thinks fit for it
      but inquiry is all about that the complait is true or false
      i am final year of LLB
      I HOPE YOU WILL UNDERSTAND IT TRY TO

  10. saeed khan says:

    Dear Administrator.

    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks.

  11. saeed khan says:

    Your comment is awaiting moderation.

    Dear Administrator.

    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks.
    kindly send me on my mail ID saeed_khan@yahoo.com

  12. Janas Khan says:

    Dear Administrator.

    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

  13. WAHEED ALI says:

    heloo sir,
    i m a resident of balochistan qta cantt i need some help about an audio evidence i want to ask u tht is there any act or law regarding an audio evidence and in pakistan court is audio evidence acceptable if it is recorded through a mobile or recorded call if there is any act or law regarding audio evidence in pakistani court do inform me please actualy some one occupied my banglow in qta and my father filed a case against him in contonment board qta cantt so please inform me about any act considering audio evidence in pakistan
    ill be very thankful to u :)
    do inform me through email wellwisher_987@hotmail.com

    • @waheed
      it is discretion of court to accept any type of evidence
      yes audio recording can be accepted as evidence but only after the permission of court
      and you have to satisfy the judge about its truthfulness
      overall audio recording is not reliable and strong evidence in eye of law here Pakistani courts

  14. Rashid Kazmi Advocate says:

    Laila Please can u help to identify flaws of the Law of evidence in 1872 with regard to gender and can you please tell me circumstantial evidence and eye witness importnece and praticability in our context for the conviction of the accused????

  15. rahmanuddin says:

    salam sir, i m student ol law n final year, pls give me main tips about sucessfull lawyer and also about facts and confison and plead gulity. v thanks for your kindness sggesiton .and also provide me confidence.

  16. shahvaiz says:

    sir can u help me in the topic ” comparitive study of character of witness in SAARC countries” ??? plz reply asap bcz i have to submit my assiment and there is no data on internet regarding the evidence act of most of the countries.
    thanx….

  17. please send me any website from I may download all law commentary books because I am living in Saudi Arabia cannot buy books.
    thanks for helping me

  18. madiha hadi says:

    aoa
    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks.

    • @Madiha
      there are some books available in the market on these topics for NTS
      Sohail Bhatti
      and Mastering Series

  19. Today , I first time visited this website. It is very useful and beneficial specially for Law students.

  20. A O A

    plz help me about the evidence act 1984 because i am student of law part 3rd .You will know that is 100 marks compulsory subject and very vital for practical life of advocacy.

  21. obaid ur rahman says:

    Kindly guide me on the following ;
    Can a document marked as “NOT TO BE PRODUCED AS EVIDENCE IN A COURT OF LAW” be produced as evidence, if the same is otherwise admissible.

  22. Nazim Baloch says says:

    sir,

    Assalm-o- Alicum

    I am law student , I want to ask the subject and objacet of Qanun-e-shahadat ,

    kindly tell me plz

  23. Nazim Baloch says says:

    sir,

    Assalm-o- Alicum

    I am law student , I want to ask the subject and object of Qanun-e-shahadat ,

    kindly tell me plz

  24. Mian Saqeb says:

    Dear Sir,

    I am in court on a family case, my sister is asking for divorce on basis of her husbands second marriage and cruelty. The opposition party refuses to cross examine our witnesses, because they want all witnesses present at the same time otherwise they will not do so and they have used this tactic to delay the case for over 8 months. My question is this, is there a law which states that all witnesses need to be present for the cross examination to occur, or is this a failing on my lawyers part for not arguing against this?

    Your input would be greatly appreciated.

    • @Mian Saqeb
      if your sister want divorce even she can get without recording evidence of any witness. Her own evidence is sufficient
      you must contact with some competent lawyer
      Normally we decide such cases in 4 months or so

  25. Furqan Khan says:

    aoa
    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks.

    Plz reply me at: fkhan_7k@yahoo.com

  26. Furqan Khan says:

    aoa
    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks.

    reply me at: fkhan_7k@yahoo.com

  27. Furqan Khan says:

    Admin Kindly Help me out in this… My exam date is near…
    I need this material for preperation… is there any other suggestions kindly let me know…
    Shall be thankfull…
    fkhan_7k@yahoo.com

  28. I need notes on subjects PPC, CrPC, CPC and Qanun-e-Shahdat,.for civil judge praperation . .plz help me on such adress ,syed.naseem.hassan.shah@facebook.com.com

  29. Ejaz Ahmed says:

    heloo sir,
    i m a resident of Gujranwala i need some help about an audio evidence i want to ask u tht is there any act or law regarding an audio evidence and in pakistan court is audio evidence acceptable if it is recorded through a mobile or recorded call or is here in Pakistan any IT or Electronic or technical Laboratory which provide the services to verify that the sound recorded is of the suspected person. if there is any act or law regarding audio evidence in pakistani court do inform me please.
    I shall be really thankful to you sir,

  30. what is value of movie evidence in pk law

  31. Nayyar Rashid says:

    @Obaid Ur Rehman

    such a document can be produced in a court of law and very much admissible under Qanoon i Shahdat…… Thats a typical example of Legal Estoppel and such a thing is unknown to law of evidence. so such a writing won’t have any effect on the admissibility of such a document……..

  32. AoA,
    dear sir,
    plz helpout for following topics
    1. Investigation chapter of ” Criminal procedure
    Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act
    1997.
    5. Drugs and drug trafficking country wise

  33. AoA,
    dear sir,
    plz helpout for following topics
    1. Investigation chapter of ” Criminal procedure
    Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act
    1997.
    5. Drugs and drug trafficking country wise
    plz help me on said topic through email

  34. Sir i need to have sample papers of Judicial Assistant of High Court b/c i have applied for said post, kindly if you help me out in this regard, i’ll be ever grateful to you…..malikjee143@hotmail.com

  35. Gul khan says:

    aoa
    I shall very happy if help me following topics.

    1. Investigation chapter of ” Criminal procedure Code”
    2. ” Qanun e Shahdat Order”
    3.Basic knowledge of PPC
    4. Basic knowledge of Narcotics substances Act 1997.

    i have to appear in commission test, that test is MCQs format.
    plz help me out in these above mentioned topic. thanks

  36. Muhammad Usman Ghani says:

    Dear Admin,

    I shall very thankful if you can provide me some useful Material on the following topics:

     Investigation Chapter of Criminal Procedure Code,
     Basic Knowledge of “Qanun-e-Shahdat Order”,
     Basic Knowledge of the Pakistan Penal Code,
     Basic knowledge of Narcotics Substances Act,1997
     Effects of illegal/ drug money on economy of country,
     Potential hazards of drugs for general public,
     International ramification of drugs smuggling from Pakistan,
     Major drug producing & consumption countries of the World,
     Types of drugs and international trafficking routes.

    Awaiting your response.

    Thanks & Kind regards,

    M.USMAN GHANI

  37. mohsin khan says:

    any best and esay definition about admission{qanon.e.shahdat}plzzzz

  38. if you help me for the medico legal topic i will be very thankful.

  39. az hud statement in cross examination ,tell me its legal value and according to which provision or relevant case laws permission can seek by law.

  40. shahzad malik says:

    whether sole statement is suffient to proff the case if the major part of evidence goes un rebutted or un-chalanged ?

  41. Could you enlighten me on the illegal dispossession act.If I remember correctly it was to be admitted on incidents happening within 6 months. Also that their disposal were mandatory within 6 months but I do not see it written in the act. Regards.Najeeb.

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